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HomeMy Public PortalAbout2005_01_11COUNCIL MEETING January 11, 2005 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilrnembers Present: Kelly Burk, Kathryn Sheldon Hammler, Susan Horne, Melinda Kramer, Marry Martinez, Robert Zoldos, and Mayor Kristen Umstattd. Staff Present: Town Manager John Wells, Town Attorney William Donnelly, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Chief of Police Joe Price, Director of Parks and Recreation Kaj Dentler, Director of Engineering and Public Works Tom Mason, Director of Capital Projects Nagi Elsewaissi, Director of Finance Norm Butts, Management/Budget Officer Mike Freda, Management Intern Tami Watkins, and Clerk of Council Judy Ahalt. AGENDA ITEMS Tnvocation by Councilmember Zoldos Salute to the Flag was led by Councilmember Burk Roll Call showing all present. Minutes a. November 8, 2004 work session meeting On a motion by Vice Mayor Martinez, seconded by Councilmember Kramer, the minutes of November 8, 2004 were approved as submitted. b. November 23, 2004 regular meeting On a motion by Councilmember Horne, seconded by Vice Mayor Martinez, the minutes of the November 23, 2004 meeting were approved as submitted. Presentations a. Certificate of Appreciation - Donation of a K-9 Vest This presentation was deferred. b. Certificate of Appreciation - Fred Lillis On a motion by Councilmember Zoldos, seconded by Councilmember Hammler, a Certificate of Appreciation was read by Mayor Umstattd thanking Fred Lillis for his service to the town and the Parks and Recreation Commission. This certificate will be mailed to Mr. Lillis. c. Certificate of Appreciation - Cindy Welsh On a motion by Councilmember Burk, seconded by Vice Mayor Martinez, a Certificate of Appreciation was read thanking Cindy Welsh for her dedicated service to the county as their Director of Parks and Recreation. Council commented on the impact that Ms. Welsh has had on the town and county. This certificate will be mailed to Ms. Welsh. d. Melanie Buckley Ms. Melanie Buckley addressed Council requesting a donation of $1,000 for the Heritage High School senior class Project Graduation Celebration. She Town Council minutes for January 11, 2005 Page 2 stated the Project Graduation tradition provides an exciting and memorable evening for graduating seniors in an alcohol/drug-free atmosphere. She stated they have reserved Ida Lee Park Recreation Center for the celebration. Petitioners The petitioner's section opened at 7:50 p.m. Mark Gunderman, L]:NK Organization volunteer, addressed Council. Mr. Gunderman stated they are an all-volunteer emergency support organization in Northern Virginia. They are comprised of 14-member churches united in a common cause to provide food and financial assistance to qualified people. He stated volunteers do all the work and last year they assisted 7,000 people with $70,000. He stated they also team with the Loudoun Community Free Clinic and provide some funding to the Loudoun County Department of Social Services. He stated their belief that no family should go without the basic necessities of life. Mr. Gunderman reported that during the holiday season, L:[NK supported over 900 families. Mr. Gunderman reported free clinics are very important in Virginia and takes the pressure off hospitals. He asked citizens to be conscious of the poor living among us, to be men and women of courage, and to be strong in faith and good Samaritans. Chuck Shotton, 232 Edwards Ferry Road, addressed Council. He stated he came to Leesburg six years ago because Leesburg has opportunities for a developing business and is a good place to raise a family. He stated it is important to him to be part of the community so he volunteered to share his cable television experience with the Cable Commission. Further, commented on his further involvement in the community through various organizations. He stated there should be oversight on how an item can come before Council to remove a person from a commission. Mr. Shotton thanked former and present Council members and staff for their support over the past years Mallory Fuhrer, 923 Rhonda Place SE, Action Committee Chairman for Kincaid Forest addressed Council. Ms. Fuhrer asked Council to hire outside counsel in the fight against Dominion Virginia Power. She provided a list of experts with State Corporate Commission experience. Another, suggestion was to support Loudoun County in financing a study to underground utilities. Ms. Fuhrer stated the Town of Purcellville has donated $25,000 to Loudoun County to assist in the legal fees. Timothy $chott, 809 Wage Drive SW, addressed Council regarding flooding issues on Wage Drive. He expressed his concern with continuing drainage issues in the established neighborhoods being overlooked. He stated this problem creates public safety, health and quality of life issues. Town Council minutes for January :~:~, 2005 Page Mr. Schott asked that the CIP project for Wage Drive drainage improvements be moved to a higher priority on the CTP list and funds allocated for the final engineering. The Mayor confirmed with Mr. Elsewaissi this C~P item could be included in the projects funded in the bond sale. Town Manager John Wells added that other options for funding this project could be discussed at the next work session. Martin Strohmeier, 8:~2 Wage Drive, addressed Council in concurrence with Mr. Schott's comments. He added at the present time his basement is not usable because of flooding. Jennifer Whyte, 708 Chimney Court NE, addressed Council. Ms. Whyte expressed concerns with the proposed removal of a commission member. She stated she is troubled that Council can remove a commission member for expressing their right of free speech. She stated that Mr. Shotton has been a first class commission member and should be treated with respect and supported by Council. Jerry Shamla, 606 Patrice Drive, addressed Council as a representative from the Kincaid Forest Homeowners Association Board of Directors and a committee member opposing the overhead lines proposed by Dominion Virginia Power. He thanked Council for their past support and stated that Dominion Virginia Power does not intend to bury the power lines and that the State Corporation Commission (SCC) is not going to require them to do so. He added that the town would have to hire a consultant/attorney to fight the SCC. Further, he suggested that funds be sent to the Loudoun County Board of Supervisors to help in the fight. He estimated that the legal fees could be $150,000. Also, he stated that Delegate May and Senator Mims are working at the state level to help the localities. John Drury, 621 Beauregard Drive, addressed Council. He commented on a study that was done for undergrounding utilities along Rt. 66. Mr. Drury echoed the comments of previous speakers regarding the Dominion Virginia Power proposal and asked Council to provide legal funding. He also expressed his continued safety concerns with the flooding at the Lawson Road Bridge. Mr. Drury stated the road should be closed to vehicle traffic. Terry Elvers, 23 Linden Hill Way SW, addressed Council. Mr. Elvers expressed his concerns with the Creekside planned development. He cited the impact on traffic and a lack of schools. He asked Council to be more vocal on this issue. Further, he asked the town to urge the Loudoun County Board of Supervisors to deny the Peterson development. Sam Muhlenkamp, 841 Anne Street SW, addressed Council. He thanked Council for the preliminary drainage study, which concluded there is insufficient drainage for the ten- year storm. He added that we have now recognized the problem and should provide funding for the solution. Town Council minutes for January 1:~, 2005 Page 4 Wendell Fisher, 505 Cardinal Glen Circle, Loudoun County Executive Director of the YMCA, addressed Council. Mr. Fisher stated his support of the NE Coaliton Outreach Program budget item #7 which proposes to expose 5-12 year-old children to the town recreational facilities. Ken Reid, 607 Talmadge Court SE, addressed Council stating his support for hiring an attorney to represent the town in opposition to Dominion Virginia Power's proposed overhead power lines. He stated his support for allowing the dry eraser type sandwich boards in the historic district. He stated his concern for how commission members are appointed. He expressed his dismay in the removal of a commission member who speaks out on issues. He asked that Mr. Shotton not be removed and stated the importance of free speech. Further, he stated the town does an excellent job in keeping their commissions involved. Bunky Bodmer, 811 Wage Drive, addressed Council in support of the drainage project on Wage Drive, Dry Mill Road and Anne Street. He agreed with Mr. Schott's comments. He asked Council to please do what they can to elevate the project. Public Hearings a. FY-2005 Hid-Year Financial Request The public hearing opened at 8:38 p.m. The Mayor indicated that a vote is anticipated tonight on this mid-year financial request, Hike Freda gave an overview of the highlights of the request as follows: (:~) General Fund/Capital Projects requests are $797,938 with an offset of non-town sources in the amount of $453,478 and $344,460 from the undesignated fund balance; (2) Utility Fund requests are $140,000 of which $75,000 will be offset by a grant; (3) Airport Fund request is $32,400, which is entirely offset by grants and reimbursements. Councilmember Zoldos asked if Dry Mill Road drainage improvements could be included in the mid-year request? Mr. Wells stated that the addition of this request would require re-advertising and another public hearing. He stated we could consider other options such as using bond funds. Councilmember Hammler asked Town Attorney Bill Donnelly to comment on the requests. Mr. Donnelly stated the town does need to keep a close eye on all expenditures and his review did not see any problems with these requests, Liz Whiting, 4! Edwards Ferry Road, NE and Chairman of the Standing Residential Traffic Committee, addressed Council in support of the additional fencing along the Route :~5 Bypass. She stated this proposal would allow the implementation of recommendations made by the traffic committee regarding Town Council minutes for January 11, 2005 Page 5 pedestrian safety on Route 15. She added the proposed fence would help close the areas of the bypass where pedestrians are still crossing. Councilmember Hammler asked when the request for funding of a comprehensive traffic-calming plan for the town would be forwarded? Ms. Whiting stated an ambitious request in the upcoming FY 2006 budget would tackle this head on. She added funding will be requested over numerous budget years but will be a town wide effort. Councilmember Horne thanked Ms, Whiting for the work the committee does and their responsiveness to citizen complaints regarding traffic calming, Ms. Whiting thanked staff for their wonderful support to the committee. Sandy Kane, 815 Kenneth Place SE, thanked Council for their supporting the request for radios for the Citizens Support Team. Councilmember Horne encouraged outreach by Leesburg Police and the Parks and Recreation Department for the Northeast Project to other collaborative partners to make a stronger project. Councilmember Hammler stated the Police Department is a safer place for the DATA Center. Mayor Umstattd thanked Wendell Fisher and the Parks and Recreation Department for their efforts on the NE Coalition Project. The public hearing closed at 8:56 p.m. H. Legislation I ORDINANCE ] On a motion by Vice Mayor Martinez, seconded by Councilmember Horne, the following motion was proposed: 2005-O-1 ORD]:NANCE Amending Chapter 16, Article TI, of the Town Code regarding projections over and upon the public right-of-way in the Old and Historic District. The motion was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 CONSENT AGENDA On a motion by Vice Mayor Martinez, seconded by Councilmember Burk, the following consent motion was proposed: 2005-1 RESOLUTZON Town Council minutes for January 11, 2005 Page 6 Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Leesburg Plaza Shopping Center. 2005-2 RESOLUTJ:ON Authorizing time extensions for completion of public improvements and approving performance guarantees for Potomac Station, Sections lB and :LC. 2005-3 RESOLUT:[ON Making a reduction of the performance guarantee for public improvements installed in Georgetown Mews. The consent motion was approved by the following vote: Aye: Burk Hammler, Home, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 REGULAR AGENDA On a motion by Councilmember Burk, seconded by Councilmember Home, the following motion was proposed: 2005-4 RE$OLUTI:ON Authorizing a joint public hearing for TLSE-2004-0029 Loudoun County High School. The motion was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 The following item was deferred to the January 25 Council Meeting. RE$OLUTTON Making an appointment to the Parks and Recreation Commission On a motion by Vice Mayor Martinez, seconded by Councilmember Kramer, the following motion was proposed: 2005-5 RESOLUTTON Making an appointment to the Information Technology Commission - Michael Kimiecik The motion was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Councilmember Kramer, seconded by Vice Mayor Martinez, the following motion was proposed: Town Council minutes for January 1:~, 2005 Page 2005-06 RESOLUTION Removal of a commission member from office - Cable Television Advisory Commission member Chuck Shotton There was a lengthy discussion on the reason for removal of a commission member and as to whether the issue should be discussed in a closed meeting. The motion was approved by the following vote: Aye: Burk, Horne, Kramer, Martinez and Mayor Umstattd Nay: Hammler and Zoldos Vote: 5-2 RESOLUTTON Making an appointment to the Cable Television Advisory Commission The candidate for this appointment withdrew his name. New Business a. Amendments to the FY 2005 Budget On a motion by Vice Mayor Martinez, seconded by Councilmember Kramer, the following motion was proposed: 2005-9 RESOLUTION Approving amendments to the FY 2005 budget and making appropriations for the Fiscal Year ending June 30, 2005. The motion was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos Mayor Umstattd Nay: None Vote: 7-0 b. Decibel based noise ordinance On a motion by Councilmember Kramer, seconded by Vice Mayor Martinez, the following motion was proposed: 2005-7 RESOLUTION Initiating an amendment to the Zoning Ordinance to add a decibel based noise ordinance. Councilmember Horne requested that historic district businesses such as the Birkby House and its owner, Ron Rust, be kept apprised as the ordinance plans move forward, and be given an opportunity to participate in the discussion. The motion was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 Town Council minutes for .lanuary i:L, 2005 Paqe 8 c. Fiscal Policy On a motion by Councilmember Horne, seconded by Councilmember Zoldos, the following motion was proposed: 2005-8 RESOLUTION Adopting a fiscal policy for the Town of Leesburg The motion was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 d. Other Councilmember Burk asked Council to consider supporting the Shenandoah University Symposium on Aging. She stated this is a two-day seminar and encouraged the town to become a patron and have a booth at the event. Councilmember Hammler suggested supporting the Loudoun Abused Women's Shelter by donating the use of ]da Lee Park Recreation Center for a conference in May. She stated the conference would be held in conjunction with Loudoun County Social Services, Mental Health and Graydon Manor. She suggested possibly a letter to the County requesting the fees. Councilmember Martinez suggested discussion at the next worksession, Councilmember Hammler ask that Mr. Shotton be recognized at the next Council meeting for his commitment to the Cable Commission. Boards and Commissions a. Airport Commission Vice Mayor Martinez expressed the commission's concern regarding residential development surrounding the airport. He stated the commission is requesting that the Loudoun County Board of Supervisors name a board member to the Airport Commission. b. Thomas Balch Library Commission Councilmember Burk commented that the roof repairs have begun at Balch Library. Board of Architectural Review No comment d. Cable Commission Vice Mayor Martinez announced that the 3anuary 18 Cable Commission meeting would be televised from the Council Chamber. Town Council minutes for January 11, 2005 Page 9 e. Economic Development Commission Councilmember Home stated the Economic Development Commission is investigating the possibility of a small business incubator for Leesburg. Also, the Business Appreciation Awards are planned for the spring. Further, Councilmember Horne stated Economic Development Commission, Environmental Advisory Commission and Planning Commission would hold a joint meeting to discuss the background reports of the Land Use and Transportation Elements of the Town Plan. f. Environmental Advisory Commission Councilmember Burk stated the commission is developing a voluntary recycling program for businesses. g. Tnformation Technology Commission Vice Mayor Martinez stated the commission would hold a joint meeting on 3anuary 27 with the Economic Development and Cable Commissions. h. Parks and Recreation Commission Councilmember Hammler announced the commission would hold a special meeting on February 5 to discuss the Symington donation. She stated that Tami Watkins provided the results from the Tda Lee customer survey at the last meeting and will provide a copy to Council. Further, she stated the Parks and Recreation Department is developing a new marketing brochure featuring their meeting and special event facilities. Planning Commission No comment j. Tree Commission Vice Mayor Martinez suggested the Tree Commission become involved in evaluating the trees on the Paxton property. k. Standing Residential Traffic Committee Councilmember Horne reported the Southwest Subcommittee is making good progress. Further, the committee visited Arlington County to look at their traffic calming devices. Mayor Umstattd asked staff to look into a code amendment to allow for compensation for the Standing Residential Traffic Committee. Councilmember Hammler asked staff to provide attendance on Councilmanic representatives to each board and commission. K. Old Business None L. Councilmember Comments Councilmember Kramer stated that she is always in awe of Mark Gunderman's volunteer efforts; he raises the bar on Christianity and humanity. Town Council minutes for January ::[:~, 2005 Page 10 She stated her support for going forward with the drainage improvements for Wage Drive and Dry Mill Road. Councilmember Kramer asked Chief Price if he had an opinion on what to do with the bridge at Lawson Road? Chief Price stated most problems are a result of driver error. He added it is a continuing problem and the police and public works departments do secure the gate during storms. He added it is a valued cut-thru for residents from Tavistock. Councilmember Kramer stated she is impressed with the level of commitment from Terry Elvers and his email campaign to the Loudoun County Board of Supervisors regarding Creekside. She welcomed Mr. Kimiecik to the Tnformation Technology Commission. Vice Mayor Martinez thanked his wife for attending tonight's meeting. He stated his concern with the flooding problems at the Lawson Road Bridge and the need to find a solution. He stated Council should take a position to protect the town's interest regarding Phil Bolen Park/Creekside Development and transmit those concerns to Loudoun County. Vice Mayor Martinez stated he rode on the trolley to look at the holiday lights and was very impressed with the fantastic job they did. He stated he is impressed with the work of the Lowenbach Subcommittee is doing. He stated the YMCA, Wendell Fisher and LTNKS are inspirations to all of us and commended them on the wonderful job they do. Councilmember Burk disclosed a meeting with Tom .lewell, Carter Braxton, regarding the town hall addition. She stated she had the opportunity to go to a lecture regarding bypasses and small towns at the Building Museum. The speaker discussed Main Street Programs and how they are one of the saviors to small towns when bypasses go in. She disclosed she met with the Crossroads Group and they are working with a property owner to help revitalize his property in the crescent district. Councilmember Burk stated the presentation on Bolen Park last night left her with more questions than before. She expressed concerns about the funding for roads, the phasing of the roads and why the County wants to move the park. She stated the Old Izaak Walton Park report confirms that the pond is being filled in and that we should take efforts to save it. She commented the drainage and flooding issues on Wage Drive and Anne Street needs to be dealt with. Town Council minutes for January 11, 2005 Page Councilmember Burk reported attending the Leesburg Fire Department dinner and awards ceremony. She stated they give so much to the town at no cost and she is very impressed with their camaraderie. Councilmember Horne stated she also attended the Leesburg Volunteer Fire Department dinner and banquet. She stated her appreciation for their excellent work and the fact they put their lives on the line every day for the citizens of Leesburg and Loudoun County. She stated she met last week with representatives of Peterson Company regarding the Crosstrails project. She stated Leesburg has a vested interest in this project since 21 acres of the project sit within the town limits. She added their commercial component could be very beneficial to the town, however the residential component has the potential to negatively impact the airport. She stated the need for dialog with the county and an opportunity for more input on the property surrounding the airport. Councilmember Home stated her appreciation for the efforts put forth by the Lowenbach Ad-hoc Committee and town staff. She stated this is a good model of active community development and gives people a voice of what happens in the community they live in. She stated she met with representatives of the Leesburg Economic Development Commission and the Emerging Technology Center of Baltimore about the possibility of a niche market small business technology incubator and its feasibility for Leesburg. She stated she has been in contact with Delegate May and he has made some suggestions for funding a feasibility study. She reported attending the County EDC meeting on international business development opportunities, which will be a future emphasis for the County EDC efforts since we have a gateway airport at our front door. She stated she was interested that some of the attributes of Loudoun County that international business like are the European flavor of our small towns, particularly Leesburg. Councilmember Horne congratulated ~loe Pacuilli as the new Loudoun County Economic Development Commission Chairman. She stated her family also rode the trolley to view the holiday lights. She stated the Crossroads Mainstreet Program is looking for volunteers to serve on the various committees. Councilmember Horne stated she too is very concerned about the drainage issues within town and a need to make them a high priority. She wished everyone a new year of good health and much happiness. Councilmember Zoldos wished everyone a prosperous and Happy New Year. He sent best wishes to Zoning Administrator Brian Boucher and his wife on their recent marriage. Town Council minutes for January 11, 2005 Page He asked everyone to consider doing what he or she can to help the tsunami victims. Further, Councilmember Zoldos asked that Town Manager John Wells be included on the closed session and be allowed to provide comment on the town attorney performance evaluation following this meeting. Councilmember Hammler wished everyone a Happy New Year and reported that First Night Leesburg had record attendance this year. She expressed her condolences for all those affected by the tsunami. Councilmember Hammler disclosed a meeting with KSI, Councilmember Zoldos, staff and some planning commission members. She reported a call from Hobie Mitchell requesting a pre-briefing on the Creekside project and a discussion regarding VDOT issue relating to the high school site north of ~'da Lee. Also she reported a phone conversation and email exchanges with Randy Hollister regarding a school site north of Ida Lee Park for Loudoun Country Day School. Councilmember Hammler commented that Loudoun County held a public hearing regarding their North Street building being turned into a senior center. She reported meeting with Jim Wynn, previously with EDC, who has a background in biotech. She stated Mr. Wynn initiated a meeting with Terry Sherrer who is a curator of Life Sciences at the Smithsonian. She stated the meeting helped her realize the opportunity of the intersection of information technology and biotech and how important they are from a comprehensive planning perspective. Mr. Wynn presented the idea to Leesburg Planning Commission. Councilmember Hammler commented that she too has concerns with the Creekside proposal. She congratulated Dave Hassett of the TT Commission who recently received a patent relating to ~[nternet technology. She thanked the men and women of the Leesburg Volunteer Fire Department for what they do for their community. She commented she is pleased with the new home page on the town's web site. Hayor's Comments Mayor Umstattd congratulated Hilary Martinez and Ashley Wells for being inducted into the National Honor Society and Meagan Price for being inducted into the National Honor Society last yea r. She thanked the Leesburg Fire Department and those Council members who attended and helped present a check from the town for $:~63,000. She thanked them for giving the town a plaque in gratitude of the contribution and support we have given. She thanked Councilmember Zoldos for the invocation, which was very poignant and well done. Town Council minutes for January 11, 2005 Paqe ]3 The Mayor thanked all the school children for raising money for the tsunami victims. N. I~lanager's Report John Wells announced that on March 2 a Small Business Forum sponsored by the Leesburg Downtown Business Association and Leesburg Crossroads will be held. They will identify primary issues facing the small business and work cooperatively_ to identify and implement solutions. Mr, Wells thanked Wendy Wickens and Jason Yoakum for the good work on the new town website. He stated he has provided Council a folder tracking C1~P projects. Mr. Wells stated February 12 and February 19 are proposed for the Council retreat and requested Council to let the Clerk know their preferred date. O. Closed Session to discussion a personnel matter. On a motion by Mayor Umstattd, seconded by Councilmember Hammler, the following motion was approved by a 7-0 vote: Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia, ! move that the Leesburg Town Council convene in a closed meeting to consider a personnel matter, specifically the Town Attorneys Evaluation. Mayor Umstattd stated she did not anticipate Council would take action following the closed meeting. Council convened in closed session at 10:32 p.m. Council reconvened in open session at 12:05 a.m. and the following motion was made by Mayor Umstattd, seconded by Vice Mayor Martinez, and approved by a 7-0 vote. !n accordance with Section 2.2-3712(D) of the Code of Virginia, ! move that Council certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of !nformation Act and such personnel matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The meeting adjourned at 12:05 a.m., January 12, 2005. kns~. Um~tattd, Town of Leesburg C~fk of Council 2005_tcmin0111