The URL can be used to link to this page

Home My Public Portal About2013_tcmin1126 COUNCIL MEETING November 26, 2013 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: Kelly Burk, David Butler, Thomas Dunn, Marty Martinez, Katie Sheldon Hammler, Kevin Wright and Mayor Umstattd. Council Members Absent: None. Staff Present: Town Manager John Wells, Deputy Town Attorney Barbara Notar, Assistant to the Town Manager Scott Parker, Library Manager Alexandra Gressitt and Clerk of Council Lee Ann Green AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION: Council Member Hammler 3. SALUTE TO THE FLAG: Mayor Umstattd 4. ROLL CALL: showing all members present. 5. MINUTES a. Regular Session Minutes of November 12, 2013 On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the minutes of the regular session meeting of November 12, 2013 were approved by a vote of 5- --- 0-2(Burk/Wright abstaining). b. Special Work Session Minutes of November 13, 2013 On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the minutes of the regular session of November 13, 2013 were approved by a vote of 5-0-2 (Burk/Wright abstaining). 6. ADOPTING THE MEETING AGENDA On the motion of Council Member Martinez, seconded by Vice Mayor Butler, the meeting agenda was approved as presented: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 7. PRESENTATIONS a. None. 8. PETITIONERS The Petitioner's Section was opened at 7:34 p.m. There were no petitioners wishing to address Council. 1 I Page COUNCIL MEETING November 26, 2013 The Petitioner's Section was closed at 7:34 p.m. The Petitioner's Section was reopened at 7:51 p.m. Joshua Schwanborg requested that Council perform a trial "mock up" of the approved Downtown Improvements on King Street which would entail marking off the parking to create a wider area for pedestrians and dining on King Street. He proposed this be done prior to April of 2014. He presented a petition asking for this two month trial starting February 17, 2014. Robbie Jackson, stated he was attending the Council meeting as one of the requirements for a merit badge. The Petitioner's Section was re-closed at 8:04 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the following items were moved for approval as the Consent Agenda: a. Initiating an Amendment to the Town Code regarding Portability of Availability Fees RESOLUTION 2013-136 Initiating Amendments to the Town Code Chapter 34, Sections 34-29 and 34-127 and Authorizing a Public Hearing Regarding Portability of Water and Sewer Availability Fees b. Battlefield Parkway—Edwards Ferry Road to Fort Evans Road Mitigation Credit Award RESOLUTION 2013-137 Awarding Purchase of Battlefield Parkway—Edwards Ferry to Fort Evans Stream Mitigation Bank Credits to Bolling Branch Mitigation Bank, LLC in the Amount of$322,864.50 c. Initiation of an Amendment to the Town Code regarding a Building Code Enforcement Memorandum of Understanding RESOLUTION 2013-138 To Initiate Amending Chapter 8(Building and Building Regulation), Article I(In General), Section 8-1 (Building Code and Other Codes)of the Town Code by Adopting Optional Provisions of the Virginia Maintenance Code Including Chapters 3 and 4 and to Authorize the Town Manager to Execute an Amendeded Memorandum of Understanding Replacing the Existing Memorandum of Understanding Between Loudoun County and the Town for Enforcement of the Virginia Maintenance Code within the Town Limits 2 I Page COUNCIL MEETING November 26, 2013 d. Initiating an Amendment to the Zoning Ordinance regarding HVAC Equipment RESOLUTION 2013-139 -- Initiating Amendments to Section 10.4.5.C of the Leesburg Zoning Ordinance to Consider a Reduced Setback for HVAC Equipment The Consent Agenda was approved by the following vote: Aye: Burk, Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 10. PUBLIC HEARINGS a. Balch Endowment The public hearing was opened at 7:37 p.m. John Wells stated this public hearing is the culmination of a number of years of work to establish a mechanism to allow significant contributions to the library to be used for improvement of services. Key Points: • State code change was necessary and received • Library draw people in from surrounding counties, across the state and nation • An endowed foundation opens doors for donations Lewis Lee, Jr. 38785 Leighfield Lane stated he is speaking on behalf of Ron Rust, president of the Friends of Thomas Balch Library. He read the following from Mr. Rust: "Madame Mayor, Council Members — I am sorry that I cannot be with you this evening but I am traveling to Minneapolis to visit my mother over Thanksgiving. First, on behalf of the Friends of the Thomas Balch Library, I want to thank Council and the Town of Leesburg for their continuing support of the Thomas Balch Library. The Balch is an asset to the Town, the County and the Region and its financial support is gratefully appreciated. The Friends fully supports the establishment of the Thomas Balch Library Endowment Foundation. We are a 501c3 organization which provides funding of speakers for the excellent Balch lecture series as well as special projects and databases. One of our committees, the Black History Committee, focuses on documenting and preserving the rich history of the black community in Loudoun County. The Friends has its own endowment for which we raise funds each year. Once the Balch Foundation is approved, the Friends' endowment can, with approval of our board, be transferred to the Foundation. Our annual fundraiser can be broadened to raise additional funds for the Foundation and our 501c3 status can be a vehicle for bequests such as the generous one provided by the late Virginia L. Bowie. 31 Page COUNCIL MEETING November 26, 2013 In closing, on behalf of the Friends, I want to again thank the Council and the Town of Leesburg and express our hope that the Council will approve the Foundation as another tool in support of the library." Mr. Lee stated he has served 15-16 years on the Board of the Friends. The public hearing was closed at 7:47 p.m. On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the following was proposed: ORDINANCE 2013-0-016 Establishing an Endowment Fund for the Purpose of Supporting a Library Owned or Operated by the Town Council Member Comments/Questions: • This will provide funding for exciting new programs The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 b. Amending the Town Code regarding Boards and Commissions Compensation and Electronic Participation and Rules of Order The public hearing was opened at 7:48 p.m. Barbara Notar stated these ordinances will clean up several items in the Code that need addressed: Key Points: • Difficulties getting Boards and Commission appointees to complete required forms to receive compensation • Mirrors the state code language allowing participation by electronic means from a remote location There were no speakers wishing to address this public hearing. The public hearing was closed at 7:51 p.m. On a motion by Council Member Burk, seconded by Council Member Martinez, the following ordinances were proposed: ORDINANCE 2013-0-017 To Amend and Reordain Chapter 2(Administration), Article V(Boards and Commissions), Division I(Generally), Section 2-197(Compensation) 4 I Page COUNCIL MEETING November 26, 2013 Council Member Comments/Questions: • Why is this language necessary since these are state and federal regulations that must be complied with? Staff answer: They are required by state and federal law and this language confirms that • Confirms that pay does not start until forms are submitted The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Council Member Burk, seconded by Vice Mayor Butler, the following ordinances were proposed: ORDINANCE 2013-0-18 To Amend and Reordain Chapter 2(Administration), Article II(Town Council), Section 2-23(Rules of Order and Procedure) The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 11. RESOLUTIONS AND MOTIONS a. Morven Park Annexation Boundary/Inclusion of Rt. 15 On a motion by Vice Mayor Butler, seconded by Council Member Martinez, the following was proposed: RESOLUTION 2013-140 To Exclude US Route 1 S from the Boundary Line Adjustment for Morven Park Council Comments/Questions: • Inclusion of Rt. 15 potentially could cost the town money • Keeping Rt. 15 in town limits would be consistent with extension of water and sewer to Raspberry Falls The motion was approved by the following vote: Aye: Burk, Butler, Hammier, Martinez, Wright and Mayor Umstattd Nay: Dunn Vote: 6-1 5 I Pane COUNCIL MEETING November 26, 2013 b. NVTA/HB 2313 Implementation Update On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the following was proposed: MOTION 2013-047 I move to approve the NVTA/HB2313 project list to the Board of Supervisors The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. Letter to Loudoun County Board of Supervisors re Fixed Route Bus Service On a motion by Council Member Hammier, seconded by Vice Mayor Butler, the following was proposed: MOTION2013-048 I move to approve the letter to the Loudoun County Board of Supervisors regarding Fixed Route Bus Service Council Member Hammier offered a friendly amendment to add the words "and administration"to the second bullet point and "the county consider full funding of the entire system as town residents pay full county taxes". The amendments were accepted as friendly. Mayor Umstattd offered a friendly amendment to change the name of the analysis to "Kimley-Horn". The amendment was accepted as friendly. Council Member Dunn offered a friendly amendment to change the word "consider"to "implement"in the first paragraph and remove all other instances of`consider". These amendments were accepted as friendly. Council Member Wright offered a friendly amendment to change the second bullet to: "That the County and Town enter into a broader discussion of overall financing and administration of the transit system". The amendment was accepted as friendly. Council Comments/Questions: • Do not like editing correspondence from the dais _ • Letter is time sensitive, so must be approved at this Council meeting 6IPage COUNCIL MEETING November 26, 2013 The motion was approved by following Y the f g vote:: Aye: Burk, Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 b. Authorizing Settlement of the Condemnation Action of Town Council of Town of Leesburg v.American National Red Cross On a motion by Council Member Burk, seconded by Council Member Wright, the following was proposed: RESOLUTION 2013-141 Authorizing the Settlement of the Condemnation Action of Town Council of Town of Leesburg v. American National Red Cross The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 c. Discussion of Town Manager Recruitment Process This item was deferred to the December 9 work session. 15. COUNCIL, COMMENTS Council Member Dunn: Disclosed his meeting with Hobie Mitchell regarding Crescent Place. He stated he is looking forward to the town's Christmas festivities. He wished everyone a great Thanksgiving. Vice Mayor Butler: Disclosed a meeting with Hobie Mitchell and his associates as well as multiple telephone conversations with Mr. Mitchell. He stated he met with representatives of Oaklawn regarding Hope Parkway and other items of interest to them. He wished everyone a happy Thanksgiving. He stated he hopes to see everyone at the Christmas Tree and Menorah lighting. Council Member Burk: Reminded everyone that McElhearney Real Estate will be holding a fundraiser for the Friends of Leesburg Public Art during First Friday festivities on December 6. Council Member Martinez: Disclosed a conversation with Christine Gleckner regarding Crescent Place. He wished everyone a happy Thanksgiving. Council Member Hammier: Disclosed meetings, phone calls and texts with Hobie Mitchell and his team regarding Crescent Place. She thanked the Mayor for allowing Supervisor Reid to participate in the discussions regarding fixed route bus service at the work session. She stated she is thankful for the opportunity to work with Council and staff and wished everyone a safe holiday. 7 I Page COUNCIL MEETING November 26, 2013 Council Member Wright: Disclosed meetings with Hobie Mitchell and his team g g regarding Crescent Place. He wished everyone a happy Thanksgiving. He stated he is thankful he is not traveling this week or next week. Council Member Martinez: Stated many of his family members work for Costco. He thanked them for respecting their workers by not opening on Thanksgiving and allowing their employees to spend the holiday with their families. 16. MAYOR'S COMMENTS Mayor Umstattd disclosed a phone conversation with Hobie Mitchell. She wished everyone a happy Thanksgiving. 17. MANAGER'S COMMENTS Mr. Wells wished everyone safe travels over the Thanksgiving holiday. 18. CLOSED SESSION None. 19. ADJOURNMENT On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the meeting was adjourned at 8:•40 p.m. riC n C. mstattd, Mayor Town of Leesburg Clerk of C7-110 2013_tcmin1126 8 I Page