HomeMy Public PortalAbout2005_02_08COUNCIL MEETING February 8, 2005
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Coun¢ilmembers 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, Director of Engineering and Public Works Tom Mason, Director of Planning,
Zoning and Development Susan Swift, Director of Economic Development Betsy
Fields, Chief of Police Joe Price, Planner Chris Murphy, and Clerk of Council Judy
Ahalt.
AGENDA ITEMS
7:10 p.m. - Special Briefing - Patrick Sloyan - Western Transmission Line
Stakeholders Group
Mr. Sloyan stated he is Chairman of the Western Transmission Line
Stakeholders, a group of governments and citizens who are opposed to the Dominion
Virginia Power (DVP) plan to erect a massive power line through one of the most
scenic stretches of Northern Virginia.
He stated the three potential routes currently favored by DVP would inflict a
permanent scar on the face of Loudoun. Further, he stated they refuse to even
discuss an underground transmission line alternative.
Mr. Sloyan stated research groups have shown that even though the
underground option is more costly, lifetime costs including dramatically reduced
maintenance bring the price tags surprisingly close. He stated the Loudoun County
Board of Supervisor's repeated resolutions that the line be placed underground along
the entire route and research statistics have had a profound effect on decisions.
DVP has said they will no longer pursue using their own right-of-way along the
W&OD trail bed, which has become one of the most popular recreational facilities in
Loudoun and Northern Virginia.
He stated political unity by our local governments will have a major impact on
Dominion's filings this spring before the State Corporation Commission (SCC) in
Richmond. He added the Virginia Department of Transportation has seen fit,
thanks to Delegate .loe May, to discuss use of Rt. 7 as a corridor for an underground
line.
Mr. Sloyan stated the bulk of the costs for challenging DVP before the SCC
will fall on the Loudoun County Board of Supervisors, which has already budgeted
$250,000. The Town of Purcellville is planning a contribution and hopefully the
Town of Leesburg will do the same. He added the stakeholders will limit
expenditures on an array of lawyers and focus on retaining expert witnesses.
He stated that DVP is a truly formidable corporation with massive resources
and influence in Richmond, the US and other countries where it is expanding
Town Council Minutes for February 8, 2005 Page 2
investments. However, we will not really know their plan until it is presented with
the official $CC filing in the next few months.
Mr. Sloyan closed by saying we can prevail if we as stakeholders do not allow
Dominion to manipulate and divide us.
Council thanked Mr. Sloyan for the presentation.
Councilmember Hammler stated the town's investment may be focused on
expert witnesses.
A. Invocation by Vice Mayor Martinez.
B. Salute to the Flag was led by Councilmember Hammler.
C. Roll Call showing all present.
Minutes
a. December 14, 2004 regular meeting
On a motion by Vice Mayor Martinez, seconded by Councilmember
Home, the minutes of the December 14, 2004 Council meeting were
approved by a 7-0 vote.
b. January 11, 2005 regular meeting
On a motion by Vice Mayor Martinez, seconded by Councilmember
Burk, the minutes of the January 1:~, 2005 were deferred.
Presentations
a. Proclamation - Black History Month February 2005.
On a motion by Vice Mayor Martinez, seconded by Councilmember
Zoldos, the following proclamation was approved by a 7-0 vote and
presented to Sherry Senabra, Ron Winsouders, Louetta Watkins, and
Pauline Singletary:
PR 0 CLA MA TZO N
BLACK HZSTORY MONTH
FEBRUARY 2005
WHEREAS, in February of 1926, sixty-one years after the ratification of
the 13th Amendment to the United States Constitution, Dr. Carter Woodson,
a noted historian, desired to recognize the achievements and contributions
of Black Americans in this country; and
WHEREAS, the month of February was appropriately chosen to
recognize the achievements of Black Americans as it contained the birth
anniversaries of Abraham Lincoln and Frederick Douglass; and
WHEREAS~ the traditional one-week observance was expanded in 1976
to include the entire month of February; and
Town Council Minutes for February 8, 2005 Paqe :3
WHEREAS, the members of the Loudoun Chapter of the National
Association for the Advancement of Colored People sincerely desire to
preserve and carry forth this American tradition which is relevant and
insightful to all families of our community.
THEREFORE, the Mayor and Town Council of the Town of Leesburg in
Virginia hereby proclaim the month of February of the Year 2005 as Black
History Month in the Town of Leesburg and urge the citizens of Leesburg to
join in recognizing the contributions made by the Loudoun Chapter of the
NAACP and other community organizations to preserve and remember the
accomplishments of Black Americans throughout the history of our nation.
PROCLAIt4ED this 8th day of February 2005.
b. Loudoun County Supervisor 3im Clem
Supervisor Clem addressed Council stating the town has made an
excellent choice in their selection for Town Manager.
Supervisor Clem reported that the Loudoun County Public Safety
Committee is in the process of acquiring property for fire and rescue
services in the same building. He stated the town is interested in a space
in their building. Further, the public safety committee will receive a
briefing from Chief Price regarding town issues.
He stated the county is negotiating to secure a 20-year lease on the
North Street Annex to house the Senior Center, Area on Aging, Library
Support Services and an emergency command center.
He advised the county has approved a traffic light at Sycolin Road and
Tolbert Lane.
Supervisor Clem stated the Leesburg Executive Airport has his
continued support and he is looking forward to representing the county as
a liaison to the Airport Commission. He added he is also the Balch Library
Commission liaison and will be attending those meetings.
He advised his support for Bolen Park and feels strongly that we
should take a look at the CPAM's to determine if they are good for the
town and county. Further, he stated he does favor finding ways to build
roads without using government funding. Supervisor Clem stated the
CPAIVl applications are not being accelerated and will be forwarded to the
town through the normal review process. He stated the site was always
envisioned as a business/research and development site, which would
help solidify the tax base. He added he is looking forward to the town and
county meeting on February 24th.
Councilmember Zoldos thanked Supervisor Clem and said he was glad
that his health is improving.
Councilmember Hammler congratulated Supervisor Clem on the good
work with the North Street Building and her support for the whole
initiative.
Town Council Minutes for February 8, 2005 Page 4
Vice Mayor Martinez thanked Supervisor Clem for his support on Bolen
Park. He asked if the school board would consider letting the town lease
the ball fields at the North Street Building. He added the town would
maintain them and use as little league fields.
Supervisor Clem stated that Dr. Ed Hatrick may be agreeable to that
suggestion. Further, he added the town deserves a lot of credit for
Freedom Park stating it is the best park in the county.
c. Loudoun Literacy Council - Yadar Ruiz~ Executive Director
Ms. Ruiz addressed Council stating that I out of 8 Loudouners cannot
read. He added the Loudoun Literacy Council has been working for the
last 25 years to promote literacy throughout Loudoun.
She stated the Northern Virginia Literacy Council in Fairfax is very
prosperous and thriving, however, Loudoun has 24 months to turn around
or they will close. She stated in order to improve their services she is
asking where they can serve the community.
Mayor Umstattd stated she has noticed in the schools that many
parents cannot read and are unable to help their children with their school
work or read the notices sent home.
IVls. Ruiz stated they are also trying to expand their adult literacy
initiatives.
She provided invitations to Council for the 25th anniversary of the
Loudoun Literacy Council.
Councilmember Burk stated she has participated in the program by
tutoring a Pakistanian family.
F. Petitioners
Carlos Pores addressed Council asking for support and increased participation
of Leesburg's international Gathering of Youth Orchestras, by becoming a full-
fledged host to the event, in an official government capacity.
Ken Reid, 607 Talmadge Court, addressed Council concerning the Dulles
Corridor Rapid Transit Project. He stated his concern with the toll increase for rail
transit that the Commonwealth Transportation Board will be considering on February
10 and :~7.
Mr. Reid asked the town and citizens to voice their opposition to the increase.
Stevan Porter, 775 Gateway Drive, SE, addressed Council. Mr. Porter stated
as a volunteer EMT and president of the Leesburg Volunteer Rescue Squad, he would
like to thank the town for their $150,000 contribution to the squad. He stated the
Leesburg station is the single busiest EMS station in the county with 3,825 calls in
2004.
He provided further statistics and accomplishments of Company 13 (Leesburg
Volunteer Rescue Squad).
Town Council Minutes for February 8, 2005 Page
Larr Kelly, 404 Edwards Ferry Road, addressed Council regarding the
proposed improvements in the Lowenbach Subdivision. He stated his objection to
the historic district designation for Lowenbach. His main objection was the impact of
the timing of improvements and he suggested and that they are in place before the
commercial development occurs on Catoctin Circle.
John Wells stated approximately 1.9 million dollars has been allocated for this
project. Assuming a 5 million dollar estimate, the 1.9 million dollars could go to
design work and there should not be a delay. However, in the worst case scenario
the design could be completed and a new construction contract awarded for both
phases in February or March. The funding from the balance would come from a
second bond issue.
GiGi Robinson, 207 Prince Street, petitioned Council to consider reworking the
resolutions that grant special exceptions to the Catoctin Circle Center. She asked for
a delay in construction until the additional road infrastructure is completed.
Becky Groff, 208 Prince Street, discussed the increased traffic that will be
generated from the Catoctin Circle Center. She suggested speed cushions be placed
on Prince Street since it does not have barricades.
Mayor Umstattd asked if the town could accommodate this request?
Tom Mason stated that if cushions were installed, they would have to be torn
out when the improvements are made.
The Mayor stated it would be a good idea to install the cushions prior to the
opening of the Catoctin Circle Center and suggested the issue be referred to the
Standing Residential Traffic Committee.
Mr. Mason stated he will return to Council with a cost estimate and the timing
of the installation.
The petitioner's section closed at 8:50 p.m.
G. Public Hearing
None
H. Legislation
ORDTNANCES
On a motion by Vice Mayor Martinez, seconded by Councilmember Home, the
following motion was proposed:
ORDZNANCE 2005-O-4
Amending Chapter 10, Article V! of the Leesburg Town Code regarding parking
regulations.
The motion was approved by the following vote:
Town Council Minutes for February 8, 2005 Page 6
Aye:
Nay:
Vote:
Burk, Horne, Kramer, Martinez, and Mayor Umstattd.
Hammler and Zoldos
5-2
CONSENT AGENDA 1
On a motion by Vice Mayor Martinez, seconded by Councilmember Hammler,
the following consent agenda was proposed:
RESOLUTTON 2005-22
Authorizing time extensions for completion of public improvements and approving
performance guarantees for Potomac Station Sections 3C and 6EFG.
The motion was approved by the following vote:
Aye:
Nay:
Vote:
Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd
None
7-0
REGULAR AGENDA
On a motion by Councilmember Burk, seconded by Councilmember Zoldos,
the following motion was proposed:
RESOLUT]:ON 2005-23
Approving Special Exception TLSE-2004-0006 Catoctin Circle Center private parking
structure, Catoctin Circle, NE near Edwards Ferry Road, to permit a four level private
parking structure.
Mayor Umstattd verified it would not be lawful to delay this project until the
Lowenbach road improvements.
The motion was approved by the following vote:
Aye:
Nay:
Vote:
Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd
None
7-0
On a motion by Councilmember Zoldos, seconded by Councilmember Horne,
the following motion was proposed:
2005-24
RESOLUTZON
Approving Special Exception TLSE-2004-007, Catoctin Circle Centre private parking
structure, Catoctin Circle, NE near Edwards Ferry Road, to permit a four-level private
parking structure.
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 7-0
Town Council Minutes for February 8, 2005 Page 7
On a motion by Councilmember Burk, seconded by Councilmember Home, the
following motion was proposed:
2005-25
RESOLUTION
Authorizing participation in the Virginia Main Street Commercial District Affiliate
Program.
The motion was approved by a 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:
2005-26
RESOLUTION
Amending the "Handbook for Boards, Commissions, and Committees" to include
guidelines for advisory group member interactions with the public, Councilmanic
representatives, and staff members.
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Councilmember Horne, seconded by Councilmember
Hammler, the following motion was proposed:
2005-27
RESOLUTION
Change in voting precincts and polling places
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 7-0
rw
Boards and Commissions
a. Airport Commission
No comments
b. Thomas Balch Library Commission
No comment
c. Board of Architectural Review
No comment
d. Cable Commission
Vice Mayor Martinez stated Verizon made a presentation to the
commission at its last meeting.
e. Economic Development Commission
No comment
f. Environmental Advisory Commission
No comment
Town Council Minutes for February 8, 2005 Page 8
g. Information Technology Commission
No comment
h. Parks and Recreation Commission
Councilmember Hammler stated the meeting regarding the Symington
donation was successful and thanked all of the participants.
i. Planning Commission
No comment
j. Tree Commission
Councilmember Kramer stated the commission is working with a
consultant to help with the Town Plan review. She stated Davey Resource
Group affiliated with Davey Tree Service has been awarded the contract
for the Leesburg Urban Forestry Management Plan.
k. Standing Residential Traffic Committee
Councilmember Home stated the committee is not interested in
seeking commission status. Further, she stated the Southwest Quadrant
Subcommittee continues to meet.
Old Business
a. Trolley Analysis
There was no comment
b. Supplemental funding Pershing and Wilson Avenues
On a motion by Councilmember Home, seconded by Councilmember
Zoldos, the following motion was proposed:
2005-28
RESOLUTION
Appropriating supplemental funding and awarding the construction
contract for Pershing and Wilson Avenues.
The motion was approved by the following vote:
Aye:
Nay:
Vote
Burk, Hammler, Horne, Kramer, Martinez, Zoldos and
Mayor Umstattd
None
7-0
c. ]oint Public Hearing on temporary commuter lot
On a motion by Councilmember Burk, seconded by Vice Mayor
Martinez, the following motion was proposed:
2OO5-29
RESOLUTION
Authorizing a joint public hearing for special exception application TLSE-
2005-0001 Loudoun County temporary commuter parking lot.
The motion was approved by the following vote:
Aye:
Nay:
Vote:
Burk, Hammler, Home, Kramer, Martinez, Zoldos and
Mayor Umstattd
None
7-0
Town Council Minutes for February 8, 2005 Page 9
d. Confidential resignation - Town Attorney
On a motion by Councilmember Burk, seconded by Vice Mayor
Martinez, the following motion was proposed:
2005-30
RE$OLUTZON
To approve a confidential resignation, enhanced severance, and general
release agreement.
The motion was approved by the following vote:
Aye:
Nay:
Vote:
Burk, Home, Kramer, Martinez, and Mayor Umstattd
Hammler, Zoldos
5-2
K. New Business
Councilmember Kramer asked for a further amendment to Chapter 10 of the
Town Code regarding Parking Regulations. She stated one business owner on
Harrison Street is paying $6,000 in parking fees. She added removing the meter
from two spaces would allow this business owner to park outside the building.
She stated this would not be partial to one business in particular, but remove
the meters of two spaces to provide an opportunity for business owners to park their
car for less cost.
Mayor Umstattd said there is another option to remove the meters from
South Street on east side Harrison Street from South Street to the W&OD Trail.
After further discussion it was decided to revisit this issue at the next Council
work session. At that time the gentlemen could to speak to Council to explain his
situation.
Betsy Fields stated the new ordinance doesn't go into effect until April thus
would provide ample time for a further amendment.
L, Council Comments
Councilmember Hammler disclosed a briefing with the Peterson Group
represented by Jeff Sachs and Mike Banzhaf with Reed Smith on February I at 1:30
pm. Also in attendance were Councilmember Zoldos, Betsy Mayr and John Wells.
She formally thanked all the members of the Loudoun County School Board
who actively participated in the Exeter Subdivision meeting on January 26 regarding
the proposed school site. She stated it far exceeded her expectations, adding the
importance of reaching out to HOA's in a more informal way to get public input on
complex projects that will impact the town.
Councilmember Hammler stated she spoke with Hark Nuzzaco and will be
sending the formal Powerpoint presentation that was presented at the Symington
meeting and the public comment from the Exeter meeting to the School Board. She
stated there may be a link and an opportunity for Tda Lee to use the Symington
donation to purchase more land.
Town Council Minutes for February 8, 2005 Page
She stated she has been working with Mr. Wells to set a date for the Loudoun
County School Board to attend a Council meeting to discuss the northeast school
site.
Councilmember Hammer stated Purcellville Mayor Druhan has consented to
give an informal overview of the lessons they learned with their Purcellville Urban
Growth Plan.
She disclosed a follow up meeting with Jim Wynn regarding conceptual
biotech concepts. Further, she met with Ann Jansen, Ann Jones, Susan Swift and
staff on February
She thanked Nicole Ard and everyone who organized Legislative Day stating
the meetings were very valuable and a great learning experience.
Councilmember Hammler thanked David Fuller and the entire planning
department for their efforts on the Town Plan and a sincere thank you to the entire
Planning Commission.
She thanked the Little Mozart Academy being at the Council meeting tonight
and stated she looks forward to a more in-depth meeting regarding the sponsorship
perspective.
She wished Karen Jones a speedy recovery.
Further, she wished John Wells a Happy Birthday.
Councilmember Zoldos spoke to the language adopted tonight regarding the
advisory group interactions with the public, Councilmanic representatives and staff
members. He stated during the discussion at the work session he stated that these
guidelines apply to Council members as well commission members.
He stated the bottom line is that we as Council members must hold ourselves
to the same principals and guidelines that we expect our board and commission
members to uphold.
Finally, he talked about hypocrisy. He stated on January 11, 2005 by a 5-2
vote this Council, with he and Councilmember Hammler opposed, removed Chuck
Shotton from his position on the Cable Commission.
Then on January 25, 2005 the Council voted 7-0 to present Mr. Shotton a
Certificate of Appreciation for his service on the Cable Commission.
Councilmember Horne reported the Sorenson :Institute for Political Leadership
hosts a high school and college leaders program every summer at the University of
Virginia. This program is designed to prepare future civic leaders for ethical and
responsible citizenship and public service. She stated applications are being
accepted until March 4th and more information is available at
www.sorensoninstitute.org.
She thanked the Town Manager, Nicole Ard, Kathleen Leidich, and Tami
Watkins for organizing our Legislative Day trip and dinner with our state legislatures,
Chairman of the Loudoun County Board of Supervisors Scott York, and Vice
Town Council Minutes for February 8, 2005 Page
Chairman Bruce Tulloch. She stated involvement with them is important to keep
them sensitized to what is important to Leesburg and communities such as Leesburg.
Councilmember Horne reported attending the Parks and Recreation
Commission meeting and was very gratified to hear the comments regarding the
Symington donation, especially a suggestion to consider acquisition of adjoining land
parcels. She stated she is gratified that a :LO-year demographic analysis will be
done.
She congratulated Tom Magazzine on the opening of Leesburg Auto Station
Car Wash.
Councilmember Home stated she is very proud of the effort given by
Lowenbach residents regarding the improvements that will affect their neighborhood.
She stated Council gave them the opportunity and they rose to the occasion and will
bring forth their plan for the improvements.
She wished Karen Jones well on her knee surgery today,
She congratulated a local business, Mind Zoo, who has been awarded a Nike
contract because their sign attracted the attention of a Nike representative who was
visiting our town.
Councilmember Burk acknowledged attending a conference on "Creating
Sustainable Communities" presented by the National League of Cities in Savannah,
Georgia on January 27-29.
She stated one session talked about trends and centered on how lucky towns
are to have regional airports around them. She stated the importance of
recognizing the significance of regional airports and how they are affected by
residential building.
Councilmember Burk also thanked the Lowenbach Committee.
She thanked the Planning Commission and planning staff for their hard work
on the Town Plan adding she has begun the process of reviewing it.
She congratulated the Downtown Business Association for the successful
Mardi Gras event on Friday night.
Councilmember Burk stated Legislative Day was very interesting and she had
the opportunity to meet with the Secretary of Transportation, the Lieutenant
Governor and Senator Mims. She added the dinner with the senator, the delegates
and the county supervisors was very important.
She thanked the Volunteer Rescue Squad for their dinner.
Further she commented on the excellent job the street crews are doing with
the snow and ice removal.
Vice Mayor Martinez stated he finds it difficult to address Councilmember
Zoldos' comments. He stated he may appear to be uncivil when protecting the town
and staff; but he will continue to be that way.
Town Council Minutes for February 8, 2005 Page
He thanked the Lowenbach Committee and town staff for the work they have
done during the past weeks, stating this is a model as to how the town and its
citizens can work together. Further, he thanked Gigi Robinson for being present.
With regard to Legislative Day he stated he cannot say enough about how
impressed he was with the representation from the town, county and the legislative
officials. Tt is a great opportunity to show the legislators that the town and county
can band together on issues of importance such as traffic and Dominion Virginia
Power.
He wished Karen Jones well on her surgery and thanked Steven Porter for the
nice dinner at the Loudoun County Volunteer Rescue Squad.
Melinda Kramer stated it would not serve any purpose to respond to
Councilmember Zoldos' comments.
M. Mayor's Comments
Mayor Umstattd praised the Leesburg Police Department for their help with
the Presidential Inauguration and gave a special thank you to Officer Bill Wolf and
son Tyler.
She thanked staff and all of those who helped organize and participated in the
very successful Legislative Day. She thanked county officials, Chairman Scott York
and Vice-Chairman Bruce Tulloch, for meeting with Council. She thanked State
Senators Mims and Ports, Delegates May and Black for joining them for dinner.
The Mayor thanked the citizens of the Lowenbach subdivision for all of their
hard on a plan for road improvements.
Mayor Umstattd stated The Northern Virginia Regional Commission will hold
their strategic planning retreat at Balch Library on February 26th from 9-12. She
stated we will be giving them a trolley tour following the retreat.
The Mayor congratulated the Lavender Door Soap Company and Reigning
Cats and Dogs for their opening ribbon cutting at Gallery Walk.
She stated the Urban Land Tnstitute held a regional conference which she and
Susan Swift attended.
She reported attending a meeting this morning involving Congressman Wolf's
office concerning a project called, The Journey through Hallowed Ground, which will
preserve historic sites along Rt. 15 from Monticello to Gettysburg. She stated she
has asked Cate McGinnis Wyatt to brief Council.
M. Manager's Comments
John Wells thanked the Lowenbach residents for their dedication and staff
members, Tom Mason, Nagi Elsewaissi, Lee Phillips, and Ann Geiger, for putting in
great deal of time working with the residents.
He thanked Nicole Ard, Kathy Leidich and Tami Watkins for making the
Legislative Day a success.
Town Council Minutes for February 8, 2005 Page
He stated we did meet the February 4 deadline for the draft Town Plan and
thanked all of the reviewers for the quick turn around on the document.
Mr. Wells advised Council they have a copy in their folder of the presentation
that Chief Price will present to the Loudoun County Public Safety Committee.
He reminded Council members that the Strategic Planning Effort will be held
this Saturday at 9:00 a.m. at the Leesburg Executive Airport.
Mr. Wells stated he will be forwarding within the next 30 days the evaluation
criteria for his position.
N. Adjournment
On a motion by Vice Mayor Martinez, seconded by Councilmember Burk, the
meeting adjourned at 9:41 p.m.
A'I-I-EST:
2~erk of Council
2005_TCI~llN0208
Kn'~'fi~'n'C. U~stattd, Mayor
Town of Leesburg