HomeMy Public PortalAbout2013_tcmin0813 COUNCIL MEETING August 13, 2013
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Kelly Burk, David Butler, Thomas Dunn, Katie Sheldon
Hammier, Kevin Wright and Mayor Umstattd.
Council Members Absent: Marty Martinez. Council Member Dunn arrived at 7:39
p.m.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town
Manager Kaj Dentler, Director of Parks and Recreation Rich Williams, Chief of Police
Joseph Price, Parks and Public Space Planner William Ference, Environmental Planner
James "Irish" Grandfield, Director of Finance Norm Butts and Clerk of Council Lee
Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Mayor Umstattd
3. SALUTE TO THE FLAG: Council Member Hammier
4. ROLL CALL: Showing Council Member Martinez absent. Council Member
Dunn arrived at 7:39 p.m.
5. MINUTES
a. Regular Session Minutes of July 9, 2013
On a motion by Council Member Burk, seconded by Vice Mayor Butler, the
minutes of the regular session meeting of July 9, 2013 were approved by a vote of 5-0-2
(Dunn/Martinez absent).
b. Work Session Minutes of July 22, 2013
On a motion by Vice Mayor Butler, seconded by Council Member Wright, the
minutes of the work session meeting of July 22, 2013 were approved by a vote of 5-0-2
(Dunn/Martinez absent).
c. Regular Session Minutes of July 23, 2013
On a motion by Council Member Hammler, seconded by Vice Mayor Butler, the
minutes of the regular session of July 23, 2013 were approved by a vote of 5-0-2
(Dunn/Martinez absent).
6. ADOPTING THE MEETING AGENDA
On the motion of Vice Mayor Butler, seconded by Council Member Wright, the meeting
agenda was approved with the addition of the appointment of a commissioner to the Commission
on Public Art, a fee waiver for Mainstreet Agriculture and adding item 11 a to the Consent Agenda
by the following vote:
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COUNCIL MEETING August 13, 2013
Aye: Burk, Butler, Dunn, Hammler, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
7. PRESENTATIONS
a. Proclamation—National Payroll Week
On a motion by Council Member Hammier, seconded by Vice Mayor Butler, the
following was proclaimed:
PROCLAMATION
National Payroll Week
September 2-6, 2013
WHEREAS, the American Payroll Association and its 23,000 members
have launched a nationwide public awareness campaign that pays tribute to the
more than 156 million people who work in the United States and the payroll
professionals who support the American system by paying wages, reporting
worker earnings and withholding federal employment taxes; and
WHEREAS, payroll professionals in Leesburg, Virginia play a key role in
maintaining the economic health of Leesburg, Virginia, carrying out such diverse
tasks as paying into the unemployment insurance system, providing information
for child support enforcement, and carrying out tax withholding, reporting and
depositing; and
WHEREAS, payroll departments collectively spend more than $15
billion annually complying with myriad federal and state wage and tax laws; and
Whereas payroll professionals play an increasingly important role ensuring the
economic security of American families by helping to identify noncustodial
parents and making sure they comply with their child support mandates; and
WHEREAS, payroll professionals have become increasingly proactive in
educating both the business community and the public at large about the payroll
tax withholding systems; and
WHEREAS, payroll professionals meet regularly with federal and state
tax officials to discuss both improving compliance with government procedures
and how compliance can be achieved at less cost to both government and
businesses; and
THEREFORE PROCLAIMED by the Council of the Town of Leesburg
in Virginia that the week in which Labor Day falls is National Payroll Week in
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COUNCIL MEETING August 13, 2013
the Town of Leesburg and the Council gives additional support to the efforts of
the people who work in Leesburg, Virginia and of the payroll profession.
PROCLAIMED this 13th day of August, 2013.
b. Board of Architectural Review Annual Report
Richard Koochagian, Chair of the Board of Architectural Review (BAR),
gave a brief summary of the Board's activities for the past year. He stated that
the BAR has had a very active year with the change in staff liaison, a new chair
person, and the largest application ever reviewed by the BAR— Courthouse
Square.
c. Proclamation—Day to Serve
On a motion by Council Member Hammier, seconded by Vice Mayor Butler, the
following was proclaimed:
PROCLAMATION
Day to Serve
September 15-29, 2013
WHEREAS, the governors of Virginia, Maryland and West Virginia and
the mayor of Washington, D.C., have come together to support "Day to Serve";
and
WHEREAS, "Day to Serve" is an unique event that has inspired a diverse
group of people of our larger region to set aside political, religious and cultural
differences to strengthen our collective communities by coming together to "feed
the hungry, protect and enhance the environment, as well as strengthening our
communities"; and
WHEREAS, the governor of Virginia has issued a proclamation
encouraging all citizens of Virginia to participate in a Day of Service between
September 15-29, 2013; and
WHEREAS, since the inaugural "Day to Serve" in 2012, this remarkable
and unprecedented event swept from the state capital to local churches, schools,
neighborhoods and families and resulted in over 750 community events with
more than 14,000 volunteers, culminating in 26,000 hours of service rendered,
resulting in over 600,000 pounds of food being donated to local food banks; and
WHEREAS, these events also helped to improve the environment
through planting trees, cleaning up parks and streams, and "adopt a road"
campaigns; and
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COUNCIL MEETING August 13, 2013
WHEREAS, the governor of Virginia has requested Virginians redouble
their efforts for 2013.
THEREFORE PROCLAIMED by the Council of the Town of Leesburg
in Virginia that all citizens, faith based organizations, and community
organizations of Leesburg should participate in a "Day to Serve" as a way to
strengthen our community and improve the quality of life for all.
PROCLAIMED this 13th day of August, 2013.
8. PETITIONERS
The Petitioner's Section was opened at 8:00 p.m.
Christopher Hatch, 19440 Dunlop Mill Road, addressed Council regarding
Loudoun's Main Street Agriculture event to be held September 21 on Loudoun Street
between King and Wirt. He requested a waiver of the $450 sign fee for the event signs at
the entrances to town.
Lynn Mischler, stated she is the owner of the Other Kind of Jewelry Store at 14
S. King Street. She stated her concern with the project to widen the sidewalks. She
stated this is not in keeping with the historic aspect of the downtown.
Richard Gallagher, 15 N. King St., stated he owns and operates a business in
downtown Leesburg. He stated he was shocked to hear that the on-street parking will be
removed. He stated his clients do not like to come downtown because of the parking.
He asked Council to reconsider their decision regarding the sidewalks.
Kobby Okynn, stated he runs the Edward Jones office next to Lightfoot
Restaurant on N. King Street. He stated one of the biggest hurdles in getting clientele is
the parking concerns of the downtown. He stated a lot of his clients are elderly and
cannot walk all the way from the parking garage to his business. He requested that
Council reconsider their decision regarding the on-street parking. He stated if the goal is
to maintain a diverse variety of businesses downtown, parking should be a
consideration.
The Petitioner's Section was closed at 8:11 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Vice Mayor Butler, seconded by Council Member Burk, the following
items were moved for approval as the Consent Agenda:
a. Sister City Relationship—St. Cyr sur Loire
RESOLUTION 2013-093
Authorizing the Town Manager to Initiate a Sister City Relationship with Saint
Cyr sur Loire, France
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COUNCIL MEETING August 13, 2013
b. Sycolin Road Widening, Phase III—Mitigation Credits Contract Award
RESOLUTION2013-094
Awarding Purchase of Sycolin Road Widening Phase III Stream and
Wetlands Mitigation Bank Credits to Loudoun County Wetlands and
Stream Restoration, L.C. in the Amount of$100,554.86.
c. Annual Milling and Paving Program
RESOLUTION 2013-095
FY2014 Annual Program for Street Milling, Resurfacing, Concrete
Repairs and Handicap Ramp Installations
d. Catoctin Circle Culvert Replacement Contract Award
RESOLUTION2013-096
Awarding the Contract for the Catoctin Circle Culvert Replacement in the Amount
of$108,833.84
e. Approval of the Next Town Hall Art Gallery—Approval of the Next Art Exhibit by
Doris Kidder
RESOLUTION 2013-097
Town Hall Art Gallery—Approval of the Next Art Exhibit by Doris Kidder
f. Authorizing the Settlement of Condemnation Litigation with Sycolin Road
Condominium Association
RESOLUTION 2013-099
Authorizing Settlement of the Condemnation Action of the Town Council of
Leesburg v. Sycolin Road Industrial Condominium, Inc.
g. Back to School Traffic Safety Initiative
RESOLUTION 2013-098
Endorsing the Leesburg Police Department Traffic Safety Initiative
h. Making an Appointment to the Commission on Public Art
MOTION 2013-038
I move to appoint Minu Beijan to the Commission on Public Art for a term
expiring December 31, 2016
The Consent Agenda was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
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COUNCIL MEETING August 13, 2013
10. PUBLIC HEARINGS
a. Appeal to town Council—Comprehensive Sign Plan Amendment for
Battlefield Shopping Center
The appeal was opened at 8:19 p.m.
Tracey Shifflet, Assistant Zoning Administrator, gave a brief summary of
the appeal of the denial of TLHP 2013-0090 by the Administrative Sign Review
Panel on June 21, 2013.
Key Points:
• Battlefield Shopping Center's Comprehensive Sign Plan was adopted in
1991
• Sign Plan includes red channel letters
• Prior modifications occurred 2002 and 2006
• Purpose of comprehensive sign plans are to provide unified signage
compatible with the architecture of multi-tenant developments
• Administrative Sign Review Panel can approve modifications
• Applicant is requesting to be allowed to use his corporate logo as part of
his sign
Molly Novotny with Cooley Goddard, represented the appellant.
Appellant Points:
• Would like to focus attention on the Whichwich sign
• Amendment in 2002 allowed corporate logos
• Compromise suggestions have not been accepted
Council Comments/Questions:
• Staff acknowledges portions of the sign as a logo, but not the entire sign
• Proposed resolution calls for continued outreach to the community.
• How did Starbucks get the green and white sign?
Staff answer: Logo circular sign was approved, but the white lettering on
the awning was erected without permit
• If Council considers the entire sign to be a logo, there is no need for the
denial or the appeal
There were no members of the public wishing to address this issue.
The appeal hearing was closed at 8:37 p.m.
On a motion by Vice Mayor Butler, seconded by Council Member Wright, the
following was proposed:
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COUNCIL MEETING August 13, 2013
MOTION 2013-036
Based on good planning practice and to facilitate the creation of a convenient,
attractive and harmonious community, I move to reverse the decision of the
Administrative Panel in the case TLHP 2013-0090, rendered on June 21, 2013 by
declaring the proposed sign to be a corporate logo.
Council Comments:
• All elements of the sign contribute to the logo
• Allow businesses outside the historic district to choose their signage
• Be proactive in helping businesses with signage
• Comprehensive sign plan is outdated
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. Authorizing Town Staff to proceed with the sale of public land rights to
Loudoun Water
On a motion by Vice Mayor Butler, seconded by Council Member Burk, the
following was proposed:
RESOLUTION 2013-100
Authorizing the Conveyance of Real Property to Loudoun Water and Execution of
a Purchase and Sale Agreement by the Town Manager
Council Comments/Questions:
• This was discussed by Council and this is an equitable solution
• Gives the town the ability to withdraw water from the reservoir in case of
emergency
• Concern that the town could have negotiated better terms
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammier, Wright and Mayor Umstattd
Nay: Dunn
Vote: 6-1-1 (Martinez absent)
12. ORDINANCES
a. None.
13. UNFINISHED BUSINESS
a. None.
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COUNCIL MEETING August 13, 2013
14. NEW BUSINESS
a. Fee Waiver for Main Street Agriculture
On a motion by Council Member Burk, seconded by Council Member Dunn, the
following was proposed:
MOTION 2013-037
I move to waive the$450 entry sign fee for Mainstreet Agriculture Program
Council Comments:
• Intent is to bring awareness that farming is still part of Loudoun County
• Event is free to the public
• Does not cost the town anything
• Eating local is healthy and good for the environment
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammier, Wright and Mayor Umstattd
Nay: Dunn
Vote: 6-1-1 (Martinez absent)
15. COUNCIL COMMENTS
Vice Mayor Butler disclosed conversations with representatives of Lowe's. He
stated he also talked with representatives of Shoe's Cup and Cork. He thanked Council
for allowing him to participate in the last Council meeting electronically. He stated
someone has proposed building a transportation tube between Los Angeles and San
Francisco and that a similar tube has been proposed to traverse the country.
Council Member Burk stated she and the Mayor visited the Homeless Shelter,
which was very impressive. She noted she attended the ribbon cutting for Big Lots in
Leesburg, National Night Out at Catoctin Elementary School and the community
meeting called by School Board member Debbie Rose concerning the bus route changes.
She stated she agrees that some students can walk to school, but others have safety
issues. She thanked Council for their work on the letter to the School Board supporting
Ms. Weiss' appeal. She stated that Acoustics on the Green this week was phenomenal.
She stated the land sale to Loudoun Water is significant in that it has provided an
alternative source of water for the town. She reminded everyone that there is a world
class fitness center at Ida Lee which includes a gym, pools, racquetball court, and lots of
free classes and instructors.
Council Member Hammier noted that First Friday was wonderful. She stated
the police have been very proactive asking residents to be on the lookout for vandals and
vandalism particularly at Robinson Park. She urged citizens to alert the police to any
suspicious activity. She stated she is excited about the Sister City in France as it is a
great opportunity to involve high school French classes and students getting to know
another culture. She noted she attended the VML executive committee meeting. She
wished everyone a great summer break. She wished Council Member Wright a happy
birthday.
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COUNCIL MEETING August 13, 2013
Council Member Wright stated that the approval of the Traffic Safety Initiative
by the Leesburg Police Department is very timely and will help remind everyone to be
more aware of their driving habits. He stated he enjoyed National Night Out. He
congratulated everyone on Council and staff for winning the VML Award for Long
Range Sustainability in Fiscal Planning.
16. MAYOR'S COMMENTS
Mayor Umstattd thanked Vice Mayor Butler for attending the School Board
meeting and speaking on behalf of Council in support of Ms. Weiss' appeal and in
support of delaying changes in the walk zones for a year. She stated the Police
department went above and beyond for the National Night Out. She thanked the
sponsoring businesses, specifically Target. She the award for Long Range Financial
Planning was the result of a lot of restraint on the part of the Council from spending.
She stated the town would not have gotten the award without the teamwork that exists
between staff and Council. She noted that the town ranked within the top 50 of places
to live in the CNN Money list.
17. MANAGER'S COMMENTS
Mr. Wells stated that teamwork was required for long range budget sustainability
and is not done by many local governments. He stated that Council deserves credit for
making that standard practice for the town.
18. CLOSED SESSION
None.
19. ADJOURNMENT
On a motion by Council Member Wright, seconded by Council Member Burk, the meeting
was adjourned at 9:08 p.m.
Kristen C. Umstattd, Mayor
Town of Leesburg
ATTA ST:
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Clerk of C i cil
2013 tcmin0813
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