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HomeMy Public PortalAbout2005_02_23COUNCIL MEETING February 23, 2005 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammler, Susan Horne, Melinda Kramer, Robert Zoldos, and Mayor Kristen Umstattd Councilmember Absent: Vice Mayor Martinez arriving late Staff Present: Town Manager John Wells, Town Attorney William Donnelly, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathieen Leidich, Director of Engineering and Public Works Tom Mason, Director of Capital Projects Nagi Elsewaissi, Airport Director Cindi Martin, Chief of Police Joe Price, Director of Finance Norm Butts, Director of Planning, Zoning and Development Susan Swift, Zoning Administrator Brian Boucher, and Clerk of Council Judy Ahalt. AGENDA ITEMS 7:00 P.M PRESENTATTON - Thomas B. Nicholson, Dominion Virginia Power power line issue Mr. Nicholson discussed the governing statues that require obtaining a Certificate of Convenience from the State Corporation Commission (Commission). He stated this certificate can only be issued by the Commission after the opportunity for a hearing and after due notice to interested parties. Further, the Commission is required to consider the impact of that facility on the environment, economic development, scenic assets, and historic districts. He added that if requested, the Commission is required to consider the impact on the localities comprehensive plan. He discussed the need for the Commission to first consider the need for a new transmission line. It is not the cheapest and shortest route and the applicant must prove that the existing right-of-way does not serve the needs of the community. The Commission will consider the need by looking at load growth projections, the impact on reliability, and the North American Electrical Reliability Council guidelines. He discussed the proposed route or combination of segments to produce the optimal outcome for the Dominion Virginia Power (DVP) study area. Mr. Nicholson stated DVP will place a value on the environmental, social and physical criteria. He added alternative routes will cause the Commission to duly notice interested parties of the change in the proposed route; however, this will have an impact on the procedural schedule. He added the Commission considers the environment in the broadest sense and must be satisfied that the proposed transmission line will minimize adverse effects on historic resources, as well as existing and proposed land uses and is particularly concerned about the impact on occupied or habitable residences. He stated the commission considers the following criteria when deciding to put transmissions underground: (1) technology; (2) reliability; (3) load flows and system operation; (4) costs; (5) maintenance; (6) safety; and (7) the viability of alternative overhead routes. Town Council minutes for February 23, 2005 Page 2 Mayor Umstattd verified that Mr. Nicholson would prefer to wait to discuss strategy until Council's decision to retain him. Councilmember Kramer stated this is a large political battle and questioned whether it would be helpful to join with other jurisdictions to fight this issue? Mr. Nicholson stated it certainly would be a good opportunity to get all of the stakeholders together. Mayor Umstattd called the regular session open at 7:30 p.m. and continued discussion with Mr. Nicholson. Councilmember Burk asked if it would be beneficial to have citizens weight in during the public hearing and would he recommend hiring an expert witness? Mr. Nicholson stated it would be beneficial to have expert and lay witnesses speak before the Commission. Also, he would suggest the town hire its own expert witness. Councilmember Home stated Council has passed a resolution for under grounding the transmission lines and reiterated the need to put a stake in the ground and hire legal assistance and expert witnesses, if needed. Councilmember Zoldos stated his belief that the issue is that we have consumer protests and a united front. The protests are talking about the eyesore of overhead transmissions in our downtown, threatening the historic district, health concerns and property values. He suggested Harry Horton as an expert witness to assist the town. He stated during a 55-year life cycle, underground cable is best and no more expensive, and there are scientific tools to monitor the lines. He stated a 6-9 foot wide trench is required for the underground cable. Further, he asked whether there has been a successful area that underground has been allowed. Mr. Nicholson stated there are areas of Alexandria and the Norfolk Naval Base. Councilmember Hammler asked how Mr. Nicholson would define success if the town were to hire him instead of focusing on expert witnesses. Mr. Nicholson stated the town has certain interests they represent, and he would assume the highest priority is to protect the citizens of the town. That would include but is not limited to working with other stakeholders on the issues. He added that all involved have to understand the issues, know what you are going after, and focus on the interests of the citizens. Mayor Umstattd asked if Council goes forward and retains Mr. Nicholson, would the retainer fee would be public information. Town Attorney Bill Donnelly stated it could not be exempt under FOIA. Town Council minutes for February 23, 2005 Page 3 7:30 P.M. REGULAR COUNCZL AGENDA A. ]:nvocation by Councilmember Kramer. B. Salute to the Flag was led by Loudoun Country Day School students C. Roll Call showing Vice Mayor Martinez arriving late. I~linutes a. December 13, 2005 worksession On a motion by Councilmember Horne, seconded by Councilmember Zoldos, the minutes of the December :[3, 2005 meeting were approved by a 6-0-:[ vote (Martinez absent). b. January :[:~, 2005 regular meeting On a motion by Councilmember Horne, seconded by Councilmember Hammler, the minutes of the January :L1, 2005 meeting were approved by a 6-0-1 vote (Martinez absent). Presentations a. Certificate of Appreciation - Richard Herndon Council recognized Richard Herndon for his service to the town and the Leesburg Cable Commission for the period June 1983 through January 2005. Petitioner's The petitioner's section opened at 7:55 p.m. Chuck Jones stated the Planning Commission recently held a session on the Joint Land Management Area Plan (JLMA). He stated with each modification to the Loudoun County Comprehensive Plan, there is an incredibly shrinking area around Leesburg. He stated the town needs to expect consistency in the planning because it was the intent of the county to draw the primary growth elements around the population nodes in the county. They planned for these contiguous areas to complement the town's zoning and planning processes. He added to change that without consultation with the town is not good planning. He stated hopefully when the town and county have their joint meeting the town will convey that they do have a say as to what happens in the JLMA. Dan Maticic, 955 Rhonda Place, encouraged Council to seek professional legal counsel to deal with the Dominion Virginia Power issue. He stated the town is up against corporate giants and they should set a precedent for protecting this area. Further, with the attorney for Kincaid Forest, the town, and other stake holders, we should hopefully be able to come up with a solution. Patrick Peques, 306 Harrison Street, addressed Council regarding a parking issue on Harrison Street. He stated he owns the European Service Center at 306 Harrison Street and his garage has been in existence since 1926. Mr. Pegues stated there is only street parking at the meters in front of his property, which causes a financial strain on him to feed the meters. He stated he is paying between $3,000 and $4,000 a year in parking fees. Mr. Pegues asked Council to remove the parking meters on Harrison Street. Town Council minutes for February 23, 2005 Page 4 Mayor Umstattd stated the town will consider what they can do to help with this issue. Councilmember Kramer advised that a staff opinion will be presented at the next Council meeting. The petitioner's section closed at 8:05 p.m. Public Hearings a. Leesburg Executive Airport/Corporate/Commercial Pad Site lease bid opening and public hearing The public hearing opened at 8:07 p.m. Airport Director Cindi Martin stated the Leesburg Executive Airport is offering two (2) pad sites for lease for a corporate hangar and/or commercial aeronautical service development. Lease area A consists of 72,675 square feet and lease area B consists of 33,150 square feet. She stated 12 bid packages were sent out and only one was received. Further, when the bid is opened and if the applicant has bid on both spaces, he will need to define which space he wishes to move forward on. Mayor Umstattd opened the one bid and stated the bid for Pad Site A is an annual base rate of .50 cents per square foot, annual bid rate of .65 1/2 cents per square foot and a total annual lease rate of $:[.15 1/2 cents per square foot.* The Mayor read the bids submitted from RZF Aviation, LLC, Andrew Fenton as follows: Pad Site A - annual base rate per square foot is .50 cents; annual bid rate per square foot is .65 1/2 cents; and total annual lease rate per square foot is $1.15 1/2 cents. * ** *** Pad Site B - - annual base rate per square foot is .50 cents; annual bid rate per square foot is .11 1/2 cents; and total annual lease rate per square foot is .61 1/2 cents, with the following stipulations: *total annual lease rate per square foot applies to actual building foot print lease space for site A - 25,000 and B- 15,000 square feet. **contingent upon tenant's ability to construct a :[2,000 gallon fuel farm and appropriate agreement for self fueling. ***bidders understanding that there will be no financial obligation on existing perimeter road. Mr. Fenton stated his wish to move forward with Pad Site A. Town Attorney Bill Donnelly advised the Mayor that a dual procedure could be conducted. The Mayor opened the public hearing at 8::[2 p.m. There were no petitioners. Town Council minutes for February 23, 2005 Page The public hearing closed at 8:13 p.m. The Town Attorney advised the Airport Director will make sure the bidder meets the minimum qualifications and staff will return to Council at a later date with a lease document. b. General Obligation Public Improvement Bond There was no staff presentation on this item. The public hearing opened at 8:14 p.m. Robert Reck, 508 West Market Street, addressed Council regarding the necessity to complete sidewalks on W. Market Street to allow access to the downtown. He cited safety concerns for the pedestrians. Mayor Umstattd stated the West Market Street sidewalk completion is one of the projects included in the bond funding. Robin Roddewig thanked Council for working with the community to get funding for sidewalks along Catoctin Circle. The public hearing closed at 8::[9 p.m. There were no Council comments. H. Legislation ORDZNANCE On a motion by Vice Mayor Martinez, seconded by Councilmember Horne, the following ordinance was proposed: 2005-O-05 ORDINANCE Amending the Leesburg Town Code to create an additional position on the Leesburg Airport Commission to be reserved for a member of the Loudoun County Board of Supervisors. John Wells pointed out that an alternate resolution is available at Councilmember Zoldos' request that allows for the county representative to appoint an alternate to the commission on his behalf. Vice Mayor Martinez and Councilmember Horne accepted the friendly amendment. Councilmember Zoldos stated this position created for a board member is in a non-voting capacity. Councilmember Hammler welcomed Supervisor James Clem to the Airport Commission. 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 23, 2005 Paqe 6 CONSENT AGENDA On a motion by Councilmember Horne, seconded by Vice Mayor Martinez, the following consent agenda was proposed: 2OO5-3:1 RESOLUTION Approving a change order for ALPHA Corporation, in the amount of $42,023.20 for the East Market Street Widening Project. 2005-32 RESOLUTION Appropriating $150,000 for design and construction of a traffic signal gas tax funding for a traffic signal at Sycolin Road and Tolbert Lane. 2005-33 RESOLTUION Authorizing time extensions for completion of public improvements and approving performance guarantees for Edwards Landing Sections 1, 2A, 3, Recreation Center, Edwards Ferry Road Improvements, and Battlefield Parkway Phase II Road Improvements. Councilmember Zoldos made the public aware of a discussion last night to move up construction of the traffic signal at Sycolin Road and Tolbert Lane so that it will be in place prior to the opening of school in the fall. Councilmember Hammler added that the other two consent items require no town funding. The consent motion was approved by the following vote: Aye: Hammler, Home, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 6-0-1(Burk absent) REGULAR AGENDA On a motion by Councilmember Hammler, seconded by Councilmember Zoldos, the following motion was proposed: 2005-34 RESOLUTTON Authorization to submit a grant to the Virginia Recreational Trails Fund Program for development of Phase II of the Ida Lee Park Trail. 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 Vice Mayor Martinez, seconded by Councilmember Kramer, the following motion was proposed: Town Council minutes for February 23, 2005 Page ? 2005-35 RESOLUTION Affirming the Zoning Administrator's interpretation of the sewer and water extension pro-rata reimbursement fund contribution exemption for #ZM-116 Stratford Planned Residential Community. 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 Hammler, seconded by Councilmember Kramer, the following motion was proposed: 2005-36 RESOLUTION Authorizing the issuance and sale of up to $9,500,000 in General Obligation Public Improvements Bonds, Series 2005. Councilmember Zoldos stated this bond for improvements will run from 2005- 2008 and will include three design and engineering projects with the remainder being construction projects. The motion was approved on a roll call vote as follows: Aye: Burk, Hammler, Home, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Vice Mayor Martinez, seconded by Councilmember Zoldos, the following motion was proposed: 2005-37 RESOLUTION Making an appointment to the Cable Television Advisory Commission - Tom Seeman. 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 Vice Mayor Martinez, the following motion was proposed: 2005-38 RESOLUTION Requesting the U.S. Congress to assist with funding the section of Battlefield Parkway from Route 7 to Kincaid Boulevard. Councilmember Zoldos suggested this resolution be forwarded with a compelling cover letter explaining the regional significance of Battlefield Parkway. Town Council minutes for February 23, 2005 Page 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 Home, seconded by Councilmember Hammler, the following motion was proposed: 2OO5-39 RESOLUTION Pursuing a ground lease or public private partnership that would allow for private office/retail development on Loudoun Street. Mayor Umstattd asked that Section T]~T be deleted. John Wells advised that a revised resolution is available for consideration. The resolution was read by the Mayor. Councilmember Horne asked for a wording change on Section [! to say, "for private office/retail development on Loudoun Street." Mayor Umstattd asked for an amendment to delete Section T!!. Councilmember Hammler seconded the motion. The Mayor stated the town has more pressing priorities. The motion to amend failed by the following vote: Aye: Hammler, Zoldos and Mayor Umstattd Nay: Burk, Horne, Kramer, Martinez Vote: 3-4 Councilmember Kramer stated she will always be in full support of the town hall addition and supports Councilmember Horne's efforts. Vice Mayor Martinez stated the addition needs to be completed to finish the streetscape of Loudoun Street. He added we must continue to look for solutions to deal with staff overcrowding and the fact that OSHA requirements are not being met with the current situation. Councilmember Burk agreed with Vice Mayor Martinez, Councilmembers Kramer and Home that this is the direction we should be going. Councilmember Horne thanked Council for their support. She stated private sector involvement in this property would be beneficial as it would generate a revenue flow through the ground lease and can generate funds that do not currently exist. She added if we decide to buy an existing building or build along Wirt Street, we will have some money coming in. A private office/retail building on Loudoun Street could achieve the EDC goal to increase economic activity along Loudoun Street and generate property taxes. Councilmember Zoldos stated he is glad to see that we are not spending any more on Loudoun Street, but agreed we need additional space for staff. He added, the value engineering study shows that this building is 110% over budget with only Town Council minutes for February 23, 2005 Page 9 52% of the 30,000 square feet being usable space and would cost $400 per square foot. Councilmember Hammler thanked Councilmember Home stating this is an important next step to look at the private sector involvement in developing Loudoun Street. She stated one significant thing she has learned is that you can put a value on leadership; the leadership of .lohn Wells has allowed us to quantify that value of upwards to $10 million. Mayor Umstattd commended John Wells and Nagi Elsewaissi for the value engineering study, She thanked Councilmembers Zoldos and Hammler for their past efforts to suspend work on the design on the Loudoun Street addition. She thanked Councilmember Horne and the rest of Council for supporting the suspension now, She added it is a very good idea to allow the private sector to build on Loudoun Street and if we get private bidders, we should be mindful that construction staging cannot be done in the parking garage. The Mayor stated her concern that we are continuing to pursue a town hall expansion, just at a new location. She stated her belief that leasing in the interim is a good idea. Further, she expressed concern that if at some point an expansion is proposed along Wirt Street, that we not condemn any properties in the process. The motion was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos Nay: Mayor Umstattd Vote: 6-! Boards and Commissions a. Airport Commission Vice Mayor Martinez recognized Stanley Caulkins in the audience. He thanked the Airport Commission for their efforts to add a Loudoun County Board of Supervisor member to their commission. b. Thomas Balch Library Commission Councilmember Burk thanked Council on behalf of the commission for their support in the Balch repairs. c. Board of Architectural Review Councilmember Burk stated the BAR is currently meeting. d. Cable Television Advisory Commission Vice Mayor Martinez stated he is impressed with the work the commission is doing with Verizon and other issues. He thanked Mr. Donnelly for his work with the commission. e. Economic Development Commission Councilmember Horne stated the EDC is hosting a Small Business Forum on March 2 at Tda Lee Park. She stated May is Small Business Appreciation Month adding the EDC will be conducting business appreciation awards and is asking for nominations of your favorite businesses. She stated nominations are due March 28 and forms are on the website. Town Council minutes for February 23, 2005 Page 10 f. Environmental Advisory Commission Councilmember Burk stated the commission is currently reviewing the Town Plan. g. Tnformation Technology Commission Vice Mayor Martinez stated the commission hopes to send some members to the Digital City Seminar to discuss broadband issues. h. Parks and Recreation Commission Councilmember Hammler stated the commission will be attending a joint meeting with the Loudoun County Parks and Recreation Commission at 7:30 p.m. on March 5 at the county offices on Harrison Street. She recognized the Parks and Recreation staff and Kate Trask for the wonderful carnival on President's Day on February 21st, i. Planning Commission Mayor Umstattd reported the Planning Commission is working to finalize the Town Plan. j. Tree Commission No comment k. Standing Residential Traffic Committee Councilmember Horne stated they are continuing to do good work to find traffic calming alternatives. Old Business None New Business a. Tala Lee Membership to families of active members of the United States Armed Forces. Mayor Umstattd asked Council's wish on the issue of offering the immediate families of active members of the United States Armed Forces serving in Iraq or Afghanistan a 50% discount or free membership to ]:da Lee Park Recreation Center? It was the consensus of Council to defer this issue until the Parks and Recreation Commission can met to discuss. Vice Mayor Martinez asked that wording be included to cover families of all military personnel serving in a hostile area. The Mayor stated the additional time will allow us to find out the number of families in Loudoun County who would be affected. b. Town Plan Schedule Susan Swift provided a revised adoption schedule for the Town Plan. She pointed out that the Council work session on the plan will be held May 16, with the public hearing on May 24. Further, she outlined the schedule for the Planning Commission. Town Council minutes for February 23, 2005 Page l ! Councilmember Hammler asked how sections will be presented to the commissions and how and when the Economic Development Commission will be briefed? Ms. Swift stated the Economic Development Commission has already had one briefing and another is scheduled for March 16. Councilmember Hammler asked if there will be summaries provided from the different sessions. Ms. Swift stated one week after the meeting a brief memo of what was discussed will be provided to the Planning Commission. Councilmember Hammler asked the opportunities for the public to stay involved? Ms. Swift stated all section meetings and work sessions are open to the public and being televised. Notice of those meetings will be posted on the web and sent to commissioners. Councilmember Hammler thanked Susan Swift and the entire planning staff for their efforts on the Town Plan. c. VRTA - I~like $ocha Mr. Socha stated the trolley has been tremendously successful. He gave ridership numbers for the quarters of November 2002 - January 2003 as 3,068; November 2003 - January 2004 as 3,182; November 2004 - January 2005 as 8,499; adding January 2005 by itself had 2,124 on the trolley. He stated we currently have 12 stops throughout town. Councilmember Zoldos stated the need to adhere to the trolley schedule and the posting of the schedule at the stops. Further, he asked that a stop be made at the food court of the outlet mall by making adjustments to the other stops stating the unscheduled stop at Evans Ridge adds to the delay. Further, he asked that a sign be placed at the food court stop to advertise the schedule and trip to downtown. Councilmember Home stated she is very pleased and proud of the trolley. She agreed there should be a stop at the food court and increased communication of the schedule. Councilmember Burk stated she appreciates what they can do to add the stop at the food court. Vice Mayor Martinez stated it is important to have consistent schedules. Further, he stated he likes the flag down policy. Councilmember Kramer stated one thing that resonates is that this has been an evolution on people's psychology on how to use the trolley and how it will be integrated into many different layers of what our community is about. Town Council minutes for February 23, 2005 Paqe ]2 Councilmember Burk stated she is looking forward to the covered kiosk becoming operational. Mayor Umstattd echoed Mr. Zoldos' comments and asked for the food court to be added if possible as well as continuing the use of the flag town policy. Further, she asked if it would be possible to get more of the small promotional trolleys. d. Amending the Town Council Calendar On a motion by Councilmember Zoldos, seconded by Councilmember Hammler, the following motion was proposed: RESOLUTION Amending Resolution No. 2004-118 - Setting the Town Council Calendar Councilmember Hammler suggested changing the Council work session of Monday, March 21, 2005 and the regular meeting of Tuesday, March 22, 2005 back one week to March 28 and March 29 in order to free Council for spring break. Councilmember Home stated her concern for changing the calendar after it has been published. Also, moving forward one week will shift the budget schedule. The motion failed on the following vote: Aye: Hammler and Zoldos Nay: ' Burk, Home, Kramer, Martinez and Mayor Umstattd Vote: 2-5 d. Retain Nicholson as outside counsel for the Dominion Virginia Power lines Mayor Umstattd asked Council their desire as to whether to vote tonight to retain Mr. Nicholson as outside counsel to assist the town with the Dominion Virginia Power filing? Councilmember Hammler suggested a closed session to further discuss fees. Councilmember Zoldos stated he supports retaining Mr. Nicholson but would like to know fees first. Vice Mayor Martinez, Councilmembers Horne and Burk agreed to vote tonight. Councilmember Kramer questioned whether fees could be disclosed publicly? The Mayor asked Mr. Nicholson to come forward to disclose what the retainer fee and how much he would be billing per hour if he were retained by Council. Mr. Nicholson stated we could look at how we could share costs that include legal fees as well as expert witnesses. Town Council minutes for February 23, 2005 Page He stated he would feel more comfortable to have a brief closed discussion regarding interrelationships with strategy and fees. Bill Donnelly stated you can go in closed session to discuss substantive legal issues such as strategy and merits of the case, but fees must be discussed openly. He stated he is not sure that fees and strategy are interrelated. Mr. Nicholson stated that in order to put together a litigation budget he would have to discuss strategy. He added if you need to state something on the record, ! can provide a letter as part of the town's files. Councilmember Horne stated it would be very appropriate to discuss strategies in a closed session to come back and disclose a fee that we anticipate. Councilmember Hammler agreed stating we should leverage everything that is going on and how it impacts what we are going to do. She added we need to have a benchmark of the costs. Councilmember Zoldos stated he would support a short closed session. Bill Donnelly once again stated that you cannot go into closed session to discuss fees. Mr, Nicholson suggested the he and Mr. Donnelly have a side discussion on fees. Council was in agreement with this idea. The Town Attorney and Mr. Nicholson left the chamber to discuss fees. L. Council Comments Councilmember Hammler disclosed a meeting on February :[7 at the Virginia Department of Highways with three members of their staff, including Al Cobb, John Cunningham (trustee of Loudoun Country Day School), Chris Casenelli of Gore, Grove & Slade Associates, Terry Titus of William H. Gordon Associates and Tom Hason. Further, she disclosed several emails and a phone call from Harrison O'Connor who is a member of the family who owns the property north of l~da Lee and the :[:[0 acres east of the bypass by Potomac Crossing. She summarized the successful roundtable discussion with Keith Owen with the Virginia Economic Partnership as well as Terry Woodward from the Center for Innovative Technology on biotech opportunities for Leesburg and Loudoun County. She officially thanked the Mayor for being there, as well as Supervisors Clem and Waters and members of the EDC, Airport and Planning Commissions. Further, she thanked Nicole Ard, Betsy Fields and John Wells for their support in making the meeting happen. She stated the timing is important because it builds on the resolution passed by the Loudoun County Board of Supervisors to halt their comp plan amendments for Town Council minutes for February 23, 2005 Page the area around the airport and initiating joint planning with the town to look at the future of that area. She added it was a good to meet with board members to discuss biotech opportunities in and around the airport as well as Leesburg proper. Further, she thanked Supervisor Clem for his support of that resolution. She thanked Delegate May who at the statewide level is a leader in technology areas and on an advisory commission of biotech. She added Delegate May stated this is an opportunity of a life time for Leesburg, She stated Loudoun and Leesburg could very well be the recipient of state funding for biotech. Councilmember Hammler expressed concern about the assessment values and stated Council will be looking at opportunities through the Town Plan to increase our commercial tax revenues. Councilmember Hammler also disclosed that she had a meeting with Bob Sevila. Councilmember Zoldos asked for an update on the commuter parking lot to ensure that we have all the information we need to move forward. He reminded citizens of the Lowenbach Subdivision Open House in the Town Council Chamber on March :L2, 10:00 a.m. to 1:00 p.m. to discuss the plans for the neighborhood. He stated the need to discuss our position on the issues at tomorrow night's meeting with the County Board of Supervisors. He asked that the Dominion Virginia Power Transmission Lines be added to the agenda. Councilmember Horne disclosed a meeting with Bob Sevila regarding a sign issue related to a new business. She reported attending the YMCA Chocolates Galore event. She congratulated Wendell Fisher and Debbie Strange for chairing the event. She thanked Supervisor Clem for his help in putting together tomorrow night's meeting with the Loudoun County Board of Supervisors and stated she is looking forward to discussing the airport and CPAM's. Councilmember Home reminded citizens that she and Councilmember Burk have put together a Spring Cleanup Campaign in conjunction with Keep Loudoun Beautiful and Crossroads to pick up trash. A meeting will be coordinated on March 5 and invited anyone and everyone to join them. Councilmember Burk invited all interested parties to join them (scouts, clubs, etc.) at Town Hall on March 5 at 3:30 p.m. to help in the planning of the cleanup campaign. She added the Crossroads group will clean the alleys the day before the Flower and Garden Show. Councilmember Burk reported a meeting with Bob Sevila regarding a sign issue. She reported attending a meeting of the Loudoun Literacy Council on February :~7 at Belmont Country Club. She stated tutors spoke of how rewarding the experience of tutoring has been for them and also speaking were individuals who had been tutored in English. Town Council minutes for February 23, 2005 Page She reported attending the Loudoun Restoration and Preservation Society reception at Dodona Manor stating what a wonderful addition Dodona Manor is to the town adding the gardens were very impressive. Councilmember Burk reminded everyone that March 2 is "Read Across America Day". She stated the intent of that day is to have every child and adult across the country pick up a book and read it. Vice Mayor Martinez asked if there is an alternate date for the dinner with the county if there should be snow. He stated the Council will have a very busy spring and summer with the upcoming CPAM's and the Dominion Virginia Power issue and will need citizen support. Councilmember Kramer disclosed that she too had met with Bob Sevila regarding a sign issue. t4. t4ayor's Comment Mayor Umstattd welcomed Downtown Yoga a new business on Plaza Street across from Office Depot. She thanked Marion Wolf on our Tree Commission for giving her daughter, Kendrick, an opportunity to tutor a first grade student. The Mayor read cards from Susan Hower's class at Loudoun Country Day School. N. I~lanager'$ Report .]ohn Wells reminded Council that tomorrow evening at 6:30 p.m. we will be meeting with the Loudoun County Board of Supervisors in the Lower Level of Town Hall. Other dates of interest are March 12 the Lowenbach Subdivision Citizens Committee meeting and March 22 is the budget presentation. Also, two joint public hearings are scheduled with the Planning Commission. The first meeting in March is the Loudoun County High School Special Exception and the first meeting in April is the park and ride lot at Barber and Ross. Mr. Wells reported that the Park and Ride lot application has been submitted by the county, is being reviewed by town staff and suggested modifications will be forwarded to the county. O. Continuation of New Business - Retain outside counsel Bill Donnelly stated he and Mr. Nicholson have worked out a plan that will comply with the Virginia Freedom of Information Act. He stated we will go into closed session only to discuss legal issues, if Council decides to retain Mr. Nicholson we will convene in open session to discuss fees. On a motion by Mayor Umstattd, seconded by Vice Mayor Martinez, the following motion to go into a dosed session was proposed: Pursuant to Section 2.2-37:~:[(A)(7) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to consider a legal matters regarding the proposed Dominion Virginia Power transmission line. Town Council minutes for February 23, 2005 Page The motion was approved by the following vote: Aye: Burk, Hammler, Home, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 Council convened in a closed session at 9:59 p.m. Council reconvened in open session at 11:02 p.m. On a motion by Mayor Umstattd, seconded by Vice Mayor Martinez, the following certification motion was proposed: In accordance with Section 2.2-3712 (D) of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only legal matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such legal 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 motion was approved by the following roll call vote: Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 Mayor Umstattd asked Mr. Nicholson for a quote of fees? He stated the development of a specific legal budget would depend on the scope of the issues pursued. Mr. Nicholson stated his standard fee is $330 hour and $150 hour for associates adding that would be prior to any discounts. He added his retainer fee would be $25,000 which would be spelled out in the retainer letter. Vice Mayor Martinez verified the town would be eligible for discounts? Vice Mayor Martinez made a motion, seconded by Councilmember Burk, to retain Mr. Nicholson and his firm in an engagement letter. Councilmember Hammler suggested additional language to include a ceiling cap on fees. John Wells stated he does not believe additional language would be necessary since the $25,000 retainer would come out of the contingency funds. He added after a legal strategy is developed it would be returned to Council to determine the funding. The motion to retain Mr. Nicholson 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 23, 2005 Page P. Adjournment On a motion by Vice Mayor Martinez, seconded by Councilmember Zoldos, the meeting adjourned at 11:07 p.m. All'EST: lerk of Council 2005_tcmin0223 ~. Um~attd; H~or ~ Town of Leesburg ~