HomeMy Public PortalAbout2013_tcmin0625 COUNCIL MEETING June 25, 2013
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Kelly Burk, David Butler, Katie Sheldon Hammier, Kevin
Wright and Mayor Umstattd.
Council Members Absent: Council Member Martinez. Mayor Umstattd arrived at
7:32 p.m., Council Member Dunn arrived at 8:20 p.m.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Director of
Planning and Zoning Susan Berry Hill, Director of Utilities Amy Wyks, Environmental
Planner Irish Grandfield, and Administrative Associate I Linda DeFranco
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Council Member Katie Sheldon Hammier
3. SALUTE TO THE FLAG: Wesley Fox Young Marines
4. ROLL CALL: Showing Mayor Umstattd arriving at 7:32 p.m. and Council
Member Dunn arriving at 8:20 p.m.
5. MINUTES
a. Regular Session Minutes of May 28, 2013
On a motion by Council Member Burk, seconded by Vice Mayor Butler, the
minutes of the Regular Session Meeting of May 28, 2013 were approved by a vote of 5-0-2
(Dunn/Martinez absent).
b. Work Session Minutes of June 10, 2013
On a motion by Vice Mayor Butler, seconded by Council Member Wright, the
minutes of the Work Session Meeting of June 10, 2013 were approved by a vote of 5-0-2
(Dunn/Martinez absent).
c. Regular Session Minutes of June 11, 2013
On a motion by Vice Mayor Butler, seconded by Council Member Wright, the
minutes of the Regular Session Meeting of June 11, 2013 were approved by a vote of 5-0-2
(Dunn/Martinez absent).
6. ADOPTING THE MEETING AGENDA
On the motion of Council Member Burk, seconded by Vice Mayor Butler, the meeting
agenda was approved as presented with the addition of Item 9f by the following vote:
Aye: Burk, Butler, Hammler, Wright and Mayor Umstattd
Nay: None
Vote: 5-0-2(Dunn/Martinez absent)
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COUNCIL MEETING June 25, 2013
7. PRESENTATIONS
a. Proclamation—Parents Who Host Lose the Most(Col. Wesley Fox
Young Marines)
On a motion by Vice Mayor Butler, seconded by Council Member Hammier, the
following was proclaimed:
PROCLAMA TION
Parents Who Host —Lose the Most Awareness
Months
May-June 2013
WHEREAS, alcohol is the most commonly used illegal drug by
students; and
WHEREAS, underage alcohol use is associated with traffic crashes
and fatalities, other drug use, violence and gang involvement, rape,
depression and suicide, and educational failure; and
WHEREAS, the Parents Who Host, Lose the Most: Don't Be a Party
to Teenage Drinking campaign informs parents and other adults about the
legal ramifications and health and safety risks of serving alcohol to teens; and
WHEREAS, 65% of underage youth say they get alcohol from family
and friends, even though it is illegal in Virginia for a person under 21 years of
age to consume or possess alcohol, and it is illegal for an adult to provide
alcohol to a person under 21 years of age; and
WHEREAS, adults who provide alcohol to those below the legal
drinking age of 21 are placing the health and safety of those young persons at
risk, and
WHEREAS, anyone found guilty of providing alcohol to youth can
face criminal charges, in addition to possible civil action for damages or
injury related to underage drinking, and
WHEREAS, adults have the authority and responsibility to our youth
to provide them with alternative opportunities by creating alcohol-free
activities, and
WHEREAS, the Town of Leesburg encourages residents to refuse to
provide alcoholic beverages to underage youth and to take the necessary steps
to discourage this illegal and unhealthy practice, including the reporting of
underage drinking to the local police, and
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COUNCIL MEETING June 25, 2013
WHEREAS, prevention efforts, including parents talking with their
teens and modeling appropriate behavior, are critical, particularly during
prom and graduation season;
NOW, THEREFORE, BE IT PROCLAIMED by the Council of the
Town of Leesburg in Virginia that May and June 2013 are Parents Who
Host, Lose The Most Awareness Months.
b. Certificates of Appreciation—Mural Review Committee
On a motion by Vice Mayor Butler, seconded by Council Member Hammier,
Certificates of Appreciation for work on the Mural Review Committee were presented to
David Bowers, Gale Waldron, and Mike Elgin.
8. PETITIONERS
The Petitioner's Section was opened at 7:43 p.m.
Robin Bartok, for Board of Supervisors Chairman Scott York, stated the
Chairman could not attend tonight's meeting. She spoke on the benefits of a North-
South corridor through Loudoun County. She stated it would help preserve Rt. 15. She
urged Council to support the North-South corridor. She stated opposition to this road
will make it look like the Council does not support roads. She stated those in charge of
providing road funding will be looking at what the Council supports.
Oliver Peters, introduced the second video created by a partnership between
Monroe Vo-Tech and Capitol TV Productions.
Tony Howard, President of the Loudoun County Chamber of Commerce, spoke
regarding the importance of the north-south corridor or bi-county parkway. He stated it
will provide congestion relief, improved quality of life,job creation and economic
opportunity. He stated that Loudoun County is one of the fastest growing, economically
dynamic communities in the commonwealth. He urged Council to work with the other
jurisdictions to improve transportation by supporting this road.
Ed Gorski, 204 Stratford Place, SW, stated he is speaking on behalf of the
Piedmont Environmental Council and as a town resident regarding the North-South
Corridor. He noted he distributed some facts and resources for Council to review. He
stated a couple of issues have been raised. He noted that Rt. 659 has been on the
Countywide Transportation Plan as a four lane, divided road with a landscaped median,
until recently. He noted that this corridor is much wider with much higher design
speeds than the currently approved roadway.
John Farmer, 109 Field Court, NE, reviewed the history of the park. He stated
his belief that development of the park is necessary for the residents of Potomac
Crossing, who bought their homes in good faith that a park would be built in the
community.
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COUNCIL MEETING June 25, 2013
Laura Dutton, 14 1/2 S. King Street, stated that she has lived on King Street for a
long time. She stated the Downtown Improvements are unethical and unwise. She
urged the Council to not try to duplicate other communities, but allow the downtown to
remain unique.
Gem Bingol, 1508 Shields Terrace, stated she wears two hats, one as a landowner
in Leesburg and the other as the Land Use Field Officer for Piedmont Environmental
Council. She stated she would like to offer additional information with regards to the
North-South corridor. She stated it behooves the Town Council to look carefully at the
North-South corridor project and take a position. She noted that Loudoun residents
want better transportation, but most Loudoun resident are east-bound commuters, rather
than north-south.
Alicia McFadden, 818 Ferndale Terrace, stated she is the president of the
Potomac Crossing HOA. She expressed support for the park in Potomac Crossing
despite the fact that the park will be smaller than what was originally promised to the
homeowners. She stated that despite the fact that some homeowners do not want the
park, most of the residents are in favor of the park.
April Hudson, 738 Balls Bluff Road, stated she is the secretary of the Potomac
Crossing HOA. She stated her agreement with having a park in the neighborhood and
an open field would be preferable so that her dogs can run.
The Petitioner's Section was closed at 8:28 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Wright, seconded by Vice Mayor Butler, the following
items were moved for approval as the Consent Agenda:
a. Miller Drive Construction Contract
RESOLUTION 2013-074
Awarding the Construction Contract for the Miller Drive Extension Project to Bay
Country Enterprise, Inc., in the Amount of$971,347.00.
b. Awarding a Server Virtualization Contract
RESOLUTION 2013-075
Awarding the Contract for Server Virtualization to PCM-G, Inc., in the
Amount of$139,969.88.
c. Re-Authorizing the ESI— Town of Leesburg Agreement
RESOLUTION 2013-076
Re-Authorizing the Agreement between the Town of Leesburg and the Engineers
and Surveyors Institute(ES1)to Continue the Leesburg ESI Program
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COUNCIL MEETING June 25, 2013
d. Performance Guarantee and Water and Sewer Extension Permits for PMW
Farms, Section 6
RESOLUTION2013-077
Performance Guarantee and Water and Sewer Extension Permit for PMW Farms,
Section 6
e. To Delegate Authority to the Town Manager to Approve Airport Construction
Change Order
RESOLUTION 2013-079
To Delegate Authority to the Town Manager to Approve Airport Construction
Change Order
It was noted that construction of the Miller Drive extension should be
completed no later than November 2013.
The Consent Agenda was approved by the following vote:
Aye: Burk, Hammier, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
10. PUBLIC HEARINGS
a. TLSE 2013-0007 Soto Home Day Care
The public hearing was opened at 8:33 p.m.
Irish Grandfield presented the application for a special exception to allow
a home child care center.
Key Points:
• Home based child care center for more than five children
• 195 Alpine Drive—Evergreen Meadows Subdivision
• The backyard is now completely fenced as per town's requirements
• Use is licensed by the state
• Staff recommends approval with standard conditions
• Two speakers addressed the Planning Commission in opposition to the
application
Maria Soto stated that she has been in operation for three years, Monday
through Friday. She noted that while she likes to take the children outside as
often as possible, because of routines and needs of infants and toddlers, they are
unable to go outside for more than 20-30 minutes two to three times daily. She
stated she strives to give each child the best possible care.
Alex Smith, 610 Curtin Place, stated her child attends Ms. Soto's daycare.
She stated Ms. Soto is responsible and conscientious about the regulations that
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COUNCIL MEETING June 25, 2013
need to be followed in order to run her business. She noted that private, licensed
day cares provide an affordable, safe and vital service for working parents in
Leesburg.
Melissa Garayua, stated she is a resident of Evergreen Meadows and uses
Ms. Soto's day care. She stated Ms. Soto has addressed any neighborhood
concerns immediately and provides a safe place for her child.
Elizabeth Vaughn, 241k Loudoun Street, stated her children have
attended Ms. Soto's day care. She stated that affordable, high quality day care is
hard to find.
The public hearing was closed at 8:55 p.m.
On a motion by Council Member Burk, seconded by Vice Mayor Butler, the
following was proposed:
RESOLUTION 2013-080
Approving TLSE 2013-0007, Soto Home Day Care, a Child Care Center located
on Property Identified as PIN Number 232-17-6291 and Located at 195 Alpine
Drive, SW
Council Comments/Questions:
• Day care is important because children who have had good day care come
to school ready to learn
• Use meets all criteria and does not negatively affect the neighborhood
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Wright and Mayor Umstattd
Nay: None.
Vote: 6-0-1(Martinez absent)
11. RESOLUTIONS AND MOTIONS
a. Initiating Amendments to the Leesburg Zoning Ordinance to Permit Microbrewery
as a By Right Use in B Zoning Districts
On a motion by Council Member Burk, seconded by Vice-Mayor Butler, the
following was proposed:
RESOLUTION2013-078
Initiating Amendments to the Leesburg Zoning Ordinance Sections 6.3.2., 6.4.2.,
6.5.2., 6.6.2., 9.2., 9.3.13.1. to Permit Microbrewery By-Right in the B-1
Community(Downtown)Business, B-2 Established Corridor Commercial, B-3
Community Retail/Commercial, and B-4 Mixed Use Business Zoning Districts
Council Comments/Questions:
• Zoning Ordinance clean up
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COUNCIL MEETING June 25, 2013
The motion was approved by the following vote:
Aye: Butler, Burk, Hammier, Wright and Mayor Umstattd
Nay: Dunn
Vote: 5-1-1 (Martinez absent)
b. Appointment to NVTA Planning Coordination Advisory Committee
On a motion by Vice Mayor Butler, seconded by Council Member Wright, the
following was proposed:
MOTION 2013-028
I move to appoint Mayor Umstattd as Leesburg's representative on the NVTA
Planning Coordination Advisory Committee
It should be noted that Council Members Hammier and Burk agreed to
serve as alternates, should the need arise.
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammier, Wright and Mayor Umstattd
Nay: None.
Vote: 6-0-1(Martinez absent)
12. ORDINANCES
a. None.
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. North-South Corridor Position Statement
On a motion by Mayor Umstattd, seconded by Council Member Burk, the
following was proposed:
RESOLUTION
Leesburg Town Council North-South Corridor Position Statement
Council Comments/Questions:
• The town should not buy into the argument that other entities will take
away transportation dollars
• A major highway will put tremendous pressure on the town's road
network
• Would like to hear the VDOT presentation at the meeting on July 23 in
order to make the most informed decision
Council Member Wright made a motion, seconded by Council Member Hammier,
to defer this item to the July 23, 2013 meeting.
Council Comments/Questions:
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COUNCIL MEETING June 25, 2013
• No information was provided with this new addition to the agenda
• Would like to invite the state and county legislators to the meeting
• This is not within Leesburg's purview
• Would like to have county transportation staff attend the July 23 meeting
to speak to the planned condition for Belmont Ridge Road
Vice Mayor Butler read an email from Bob Chase into the record: "...why
would Leesburg want to bite the hands that feed them transportation funds. I
would suggest that the most important thing for the Mayor to consider is the
likelihood of the unfunded projects listed below EVER being funded if the Town
Council comes out in opposition to the North-South Corridor. The CTB and
VDOT do not lack for other projects in which to invest. The Six-Year Plan
contains no guarantees. Funds are shifted around every year. CTB can easily
decide to "deprogram" funds for Edwards Ferry Road, etc. Message needs to be
delivered by Leesburg residents —got any candidates? Bob."
The motion to defer was approved by the following vote:
Aye: Butler, Dunn, Hammier, and Wright
Nay: Burk and Mayor Umstattd
Vote: 4-2-1(Martinez absent)
15. COUNCIL COMMENTS
Council Member Dunn stated the library book sale will occur this weekend at the
Battlefield Shopping Center.
Vice Mayor Butler stated he and his son rode their bicycles on the entire W&OD
trail.
Council Member Burk stated that Leesburg is a lesser place since the passing of
Joe Ritenour. She expressed her condolences to the stunt flyers whose plane crashed last
week. She noted they were frequent exhibitors at the Leesburg Air Show. She stated
she attended a Recycling Seminar by Solar4 at Northgate Winery. She noted that this
week's Acoustics on the Green performer will be Jon Carroll. She disclosed that she and
the Mayor attended the Loudoun Child Care Advocacy Center event. She stated the
Center is a great asset for the community. She thanked Parks and Recreation and all the
speakers for their input on the Potomac Crossing Park.
Council Member Hammier disclosed phone calls with Ben Leigh, Jan
Zachariasse, a text exchange with Hobie Mitchell. She thanked Parks and Recreation
staff for their work on landscaping art throughout town. She expressed condolences to
the family of Joe Ritenour and thanked everyone involved in the construction of the
Food Lion bus shelter. She stated she is looking forward to the presentation on the
potential sister city relationship with Saint Cyr sur Loire at the next meeting. She noted
that she will be taking Mary Hines of the Arlington County Board of Supervisors up on
her offer to speak on their bike share program that could provide a link between
Leesburg and Arlington. She thanked everyone for their involvement in Law Camp.
She noted her daughter was able to participate this year.
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COUNCIL MEETING June 25, 2013
Council Member Wright expressed his condolences to the Ritenour family and
stated his gratitude for Mr. Ritenour's contributions to the community over the years.
16. MAYOR'S COMMENTS
Mayor Umstattd expressed her appreciation for Council Member Burk's
assistance at several ribbon cuttings. She thanked Ann Robinson, La Voz, Special
Olympics, 350 Loudoun, Unitarians, Volunteers of America, for their efforts for public
transportation. She offered her condolences to Joe Ritenour's family and friends. She
stated she attended the Knights of Columbus' fundraiser for the Boulder Crest Retreat
for Wounded Warriors. She stated they are still looking for volunteers to help.
17. MANAGER'S COMMENTS
Mr. Wells thanked Linda DeFranco for attending the Council meeting in the
Clerk's capacity. The Mayor noted that Ms. DeFranco is a ten year staff member. He
gave Council information on participating in the Independence Day Parade. He asked
Council to look carefully at Tab A. He announced that residents will be getting notice of
an additional trash collection day starting August 2013. The south side of town will
receive trash collection on Monday and Thursday. North side of town will receive trash
collection on Tuesday and Friday. Recycling days stay the same.
18. CLOSED SESSION
None.
19. ADJOURNMENT
On a motion by Council Member Wright, seconded by Vice Mayor Butler, the meeting was
adjourned at 9:44 p.m.
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