HomeMy Public PortalAbout2005_05_24COUNCIL MEETING May 24, 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, Marty Martinez, and Mayor Kristen Umstattd
Councilmembers Absent: Robert Zoldos
Staff Present: Town Manager John Wells, Interim Town Attorney Liz Whiting,
Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy
Leidich, Director of Engineering and Public Works Tom Mason, Deputy Directory of
Utilities Aref Etemadi, Director of information Technology Wendy Wickens, Director
of Capital Projects Management Nagi Elsewaissi, Management Intern Tami Watkins
and Clerk of Council Judy Ahalt.
AGENDA ITEMS
B.
C.
D.
Invocation by Councilmember Horne
Salute to the Flag was led by Councilmember Burk
Roll Call showing Councilmember Zoldos absent.
Minutes
a. February 22, 2005 work session
On a motion by Councilmember Hammler, seconded by
Councilmember Horne, the minutes of the February 22, 2005 work session
were approved by a 6-0-1 (Zoldos absent) vote.
b. l~larch 7~ 2005 work session
On a motion by Councilmember Horne, seconded by Councilmember
Hammler, the minutes of the March 7, 2005 work session were approved
by a 6-0-1 (Zoldos absent) vote.
c. April 12, 2005 regular meeting
On a motion by Vice Mayor Martinez, seconded by Councilmember
Burk, the minutes of the April 12, 2005 Council meeting were approved by
a 6-0-1 (Zoldos absent) vote.
Presentations
a. Resolution of Respect - 3ohn Lanham
This resolution of respect was deferred to the next Council meeting.
b. Proclamation - Foster Care Month
On a motion by Councilmember Hammler, seconded by
Councilmember Burk, the following proclamation was presented to Debra
Howell:
Town Council meeting of May 24, 2005 Page #2
PROCLAMA TZON
FOSTER CARE MONTH
May 2005
WHEREAS, the family is our most important resource for reinforcing
the values of love, dignity and self-determination in Virginia's children;
and
WHEREAS, every child in our great Commonwealth deserves parental
love, guidance and security; and
WHEREAS, more than 8,000 children and youths are in foster care
throughout Virginia; and
WHEREAS, foster care provides temporary, safe and supportive
families for our youngest and most vulnerable citizens; and
WHEREAS, foster families who open their homes and hearts to
children whose families are in crisis play a vital role in healing and
reuniting children with their families, and preparing Virginia's youth to
succeed as adults; and
WHEREAS, foster families and the children in their care frequently
form lasting bonds, and foster parents may become adoptive parents
when foster children are not able to reunite with their families; and
WHEREAS, through the partnership among foster parents, child
welfare staff, and public and private organizations, Virginia's foster care
programs nurture and protect the children in their care while supporting
their individual development toward a healthy adulthood.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby proclaim May 2005, as Foster Care Month, and call upon
the people of Leesburg to join their fellow citizens across the United States
in recognizing and participating in this special observance.
PROCLATMED this 24th day of May 2005.
c. Proclamation - American Cancer Society - Relay for Life
On a motion by Councilmember Horne, seconded by Councilmember
Kramer, the following proclamation was presented to Betsy Creamer:
PROCLAMA TZON
American Cancer Society's Relay for Life
.lune 4-5, 2005
WHEREAS, in May 1985 Dr. Gordy Klatt, took the first step of his 24-
hour walk/run around a track in Tacoma, Washington and raised $27,000 to
support the American Cancer Society; and
Town Council meetinq of May 24, 2005 Page #3
WHEREAS, the following year, 220 supporters on 19 teams joined Dr.
Klatt in this overnight event, and the American Cancer Society Relay for Life
was born; and
WHEREAS, over the last 19 years, Relay for Life has spread to 3,800
communities in the United States and eight foreign countries; and
WHEREAS, this event celebrates cancer survivors and their caretakers,
honors those lost to cancer, raises community awareness about prevention
and early detection and offers support to persons living with cancer; and
WHEREAS, a local Relay for Life is being held on June 4-5, 2005 at
Heritage High School in the Town of Leesburg,
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia
hereby congratulate the organizers and participants of our local Relay for
Life and urge the citizens of the Town of Leesburg to support the American
Cancer Society.
PROCLAZHED this 24th day of May 2005.
Ms. Creamer asked citizens to please come out and support the Relay
for Life at 1:00 on June 4.
d. M.E. Gamble - Hain Street Coordinator for Loudoun County
This presentation was delayed to another Council meeting.
Petitioners
The petitioner's section opened at 7:45 p.m.
Rev. Van Welton, 850 Edwards Ferry Road, addressed Council. He stated
the church will have a Chaplin from Arlington National Cemetery as a special speaker
on Sunday at Crossroads Baptist Church, 850 Edwards Ferry Road NE. He stated
Capt. Charles Hamlin will deliver a speech and Leesburg Police will provide a color
guard for that event. He invited Council and the public to stop by the church and
view their display of 1600+ flags on the lawn, each with the name of a fallen soldier
in iraq.
in a sense of community, he offered the church facility for community use in
at no cost.
David Gorman, 18829 Silver Hill Lane, addressed Council. Mr. Gorman
stated he is a student at Loudoun County High School and a member of Boy Scout
Troop 1150. He is working on a citizenship in the community project and will return
to his troop with his view of the issues before Council.
G. Public Hearing
None
H. Legislation
ORDTNANCE
Town Council meeting of May 24, 2005 Page #4
None
CONSENT AGENDA ]
On a motion by Councilmember Horne, seconded by Councilmember Kramer,
the following consent motion was proposed:
2005-90
RESOLTUION
Authorizing an agreement and approving a performance guarantee and a water
extension permit for the Holy Trinity Lutheran Church.
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez, and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
REGULAR AGENDA
On a motion by Councilmember Burk, seconded by Councilmember Kramer,
the rules were suspended to vote on an appointment to the l~nformation Technology
Commission.
The motion to suspend the rules was approved by the following vote:
Aye: Burk, Hammler, Horne, Kramer, Martinez, and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
On a motion by Vice Mayor Martinez, seconded by Councilmember Kramer,
the following motion was proposed:
2005-91
RESOLUTION
Making an appointment to the Information Technology Commission - Dennis Brake
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez, and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
On a motion by Vice Mayor Martinez, seconded by Councilmember Burk, the
following motion was proposed:
2OO5-92
RESOLUTTON
Authorizing the short-term lease of 5 Wirt Street SW
Mayor Umstattd verified the dollar amount of the lease as $131,367.50.
Councilmember Hammler verified that 12 employees will be moving to the
rental space.
Mayor Umstattd stated she is opposed to leasing space, but Mr. Wells has
gone to enormous efforts to negotiate the best possible rental price.
Town Council meetinq of May 24, 2005 Page
Councilmember Hammler stated she appreciates the Town Manager's
leadership, but she too is opposed.
The motion was approved by the following vote:
Aye: Burk, Home, Kramer, Martinez
Nay: Hammler and Mayor Umstattd
Vote: 4-2-! (Zoldos absent)
On a motion by Councilmember Horne, seconded by Vice Mayor Martinez, the
following motion was proposed:
2005-93
RE$OLIJT]:ON
Approving award of a contract to Tyler Technologies, Inc.- Munis Division for
software and services for the implementation of the integrated Management System
in the amount of $870,708.00.
The motion was approved by the following vote:
Aye: Burk, Hammler, Horne, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
Topics of discussion for the June 6 meeting with the Board of Supervisors
The Mayor stated it is the intent of Council to talk with the Board about issues
of mutual interest and set up a regular process to meet twice a year. She added the
main issues of discussion at the Council public input session were the protection of
the Phil Bolen Park site as approved in the bond issue and how to provide water and
sewer to the park as soon as the County needs it. it was Council's decision to
provide water and sewer for Bolen Park at Phase I; however, the County will have to
pay as other developers do.
She stated another topic of concern was protecting the viability of the
Leesburg Executive Airport and the town's strong concern regarding residential
development around the airport.
On a motion by Vice Mayor Martinez, seconded by Councilmember Burk, the
following motion was proposed:
2005-94
RESOLUTION
Adopting topics of discussion for the June 6, 2005 meeting between the Loudoun
County Board of Supervisors and the Leesburg Town Council.
Councilmember Hammler suggested an addition to the agenda to set a policy
direction regarding a boundary line adjustment as it relates to the Crosstrail and
Creekside properties and to be able to directly control the planning and zoning issues
of these properties.
Mayor Umstattd stated that would be a significant amendment to this
resolution.
Town Council meetinq of May 24, 2005 Paqe #6
Interim Town Attorney Liz Whiting stated it would be real hard to put together
a traditional annexation in time to gain sovereign power over the properties. She
stated that maybe a boundary line adjustment could be accomplished in time, but
the land use applications would not be on hold during the process. She stated
Councilmember Hammler thinks this may be our last chance.
Councilmember Burk stated she believes the current resolution language
would allow a discussion on the boundary line adjustment.
Vice Mayor Martinez stated he would not accept a friendly amendment to the
motion as it can be discussed under the current resolution.
Councilmember Horne stated she remembers we had previously talked about
a parallel tract and the possibility of moving forward with an annexation.
Vice Mayor Martinez stated it is his understanding that annexation would give
us more control over the property than a boundary line adjustment.
Ms. Whiting stated annexation would give the opportunity to reach an
agreement on a range of issues and the boundary line adjustment is a statutory
method to change the boundaries without conditions.
Mayor Umstattd stated if Council does wish to pursue a boundary line
adjustment or annexation it would require a separate action by Council, thus we
would need to do it quickly.
Ms. Whiting stated if Council is ready to launch a discussion it should be done
soon. She added the tools do not have to be selected at this time; you could wait
until you get feedback from the County.
The motion was approved by the following vote:
Aye: Burk, Hammler, Horne, Kramer, Martinez, and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
Approving a qift to the Youth Music Preservation and Promotion Association
On a motion by Vice Mayor Martinez, seconded by Councilmember Hammler,
the following motion was proposed:
2005-95
RESOLUTZON
Approving a gift to the Youth Music Preservation and Promotion Association to defray
Tda Lee Park Recreation Center rental fees
Councilmember Burk made an amendment motion to add, "the association
will remove all equipment and belongings from Tda Lee Park Recreation Center to
accommodate any rentals that may occur after 6:30 p.m."
Vice Mayor Martinez and Councilmember Hammler accepted the proposed
amendment.
The motion was approved by the following vote:
Town Council meeting of May 24, 2005 Page #?
Aye:
Nay:
Vote:
Burk, Hammler, Horne, Kramer, Martinez, and Mayor Umstattd
None
6-0-:[ (Zoldos absent)
Councilmember Hammler left the meeting at 8:21 p.m.
Boards and Commissions
a. Airport Commission
Vice Mayor Martinez stated the commission is doing a great job and
expressed his appreciation for their hard work. He thanked the chairman
and vice-chairman of the commission for reaching out to the Board of
Supervisors to protect Leesburg Airport.
b. Thomas Balch Library Commission
Councilmember Burk stated a print was recently stolen from the
library. Further, the Friends of Balch Library had a very successful ice
cream social on Sunday.
c. Board of Architectural Review
Councilmember Burk stated the BAR has concerns with the
development of the Crescent District and would like to participate in the
review and design aspects of that district.
Further, she stated the Planning Department is in desperate need of
a historic planner adding those filling in for the past few months are doing
a great job.
d. Cable Television Advisory Commission
Vice Mayor Martinez stated the commission is actively reviewing the
Verizon Franchise agreement.
e. Economic Development Commission
Councilmember Horne stated the Business Appreciation Awards
Ceremony was successful with 170 people in attendance. She
congratulated the winners and runners up.
f. Environmental Advisory Commission
Councilmember Burk reported the commission met with Tom Mason
and the Director of CS:[ regarding a program for business recycling. She
added a survey will be sent to businesses to see how many would
participate.
g. Tnformation Technology Commission
No comment
h. Parks and Recreation Commission
No comment
i. Planning Commission
Mayor Umstattd stated the commission had a public hearing on the
KS[ project. The stated several residents of River Creek and Potomac
Station has concerns with the noise impact of the interchange.
Town Council meetinq of May 24, 2005 Paqe #$
She stated KSI's noise study is not the best; they used the existing
homes as a noise barrier. Other issues were the possibility that
according to the 1982 AADP's the town may be required to pay the
county $2 million for capital facilities costs; and the sketches for the
bridge access across Rt. 7 are attractive, but not proffered.
She stated Planning Commission member Ted Kalriess raised the
issue of the Commission and Council having to decide whether the town
wants to take a parcel planned for premier office and convert to mixed
use with that level of residential.
The Mayor requested the Planning Commission be recognized for
their efforts to finish the Town Plan.
j. Tree Commission
No comment
k. Standing Residential Traffic Committee
Councilmember Horne stated she was not able to attend the .lune
meeting; however, the Southwest Quadrant Task Force presented their
report.
Councilmember Burk asked that Shenandoah University provide a report
on the Symposium on Aging at the next Council meeting.
Kw
Old Business
a. Harrison Street Parking
No discussion
L. New Business
None
M. Council Comments
Councilmember Horne disclosed a meeting with officials from the Peterson
Companies, Mike Banzhaf and Jeff Sachs, regarding their Crosstrails Project on May
16.
She offered her congratulations to the Loudoun Arts Council for a very
successful fund raising event with their Decorator Showhouse which was chaired by
Connie Fletcher.
Councilmember Home stated Leesburg businesses work very hard to make
their businesses successful and we owe them our support and encouragement. She
stated the need for a directory of businesses.
She congratulated the Leesburg Volunteer Rescue Squad and Balch Library for
their events this weekend.
She stated her appreciation for Betsy Fields' efforts to help resolve some
issues with the Star Pontiac expansion.
Further, she wished Human Resource Director Dona Wolf all the best in her
retirement stating she has set a standard of professionalism.
Town Council meeting of May 24, 2005 Page #9
Councilmember Home stated she and Councilmembers Burk and Hammler
attended a Journey Through Hallowed Ground meeting. She stated this project is a
heritage tourism effort tying historic sites, cultural assets and main street
communities along Route 15 from Gettysburg, Pennsylvania to Charlottesville,
Virginia, adding Leesburg is at the heart of the 170 mile march through history. She
asked her colleagues to consider becoming a strategic partner in this effort by
providing a modest investment and requested a discussion on the next agenda.
Councilmember Burk reminded citizens that Governor Warner recently visited
Leesburg adding he was very impressed with the Town.
She stated the Business Appreciation Awards reception was a great success
and she was impressed to see the number of business who participated.
She reported attending the Employee Recognition Month Awards Ceremony
stating the Town has many dedicated individuals that give a great deal and make it a
professional team.
Vice Mayor Martinez congratulated Councilmember Burk's son, Tom, for
playing in the Division 3 College Baseball World Series in Wisconsin.
He stated he went to the progressive dinner held by the Downtown Business
Association and thanked them for being so gracious.
He echoed Councilmember's Burk comments on the dedication of the town
employees.
Vice Mayor Martinez stated 3anuary 21 is Heritage High School Project
Graduation and volunteers are welcome.
He stated his appreciation for Mrs. Bohnett class playing the Star Spangled
Banner for Council. He stated he is looking forward to this organization becoming
one of the non-departmental funding options in next year's budget.
Vice Mayor Martinez congratulated the winners of the Business Appreciation
Awards.
He stated he would miss Human Resource Director Dona Wolf.
Councilmember Kramer echoed the comments of other Council members.
N. Mayor's Comments
Mayor Umstattd thanked Tom Mason for representing the town at the
Chesapeake Bay Urban Summit at Carradoc Hall. She stated part of the discussion
was the fact that the bay survives best when the watershed is 95% forested. She
added this should be kept in mind for the Town Plan.
She reported meeting with Loudoun Rehabilitation Center residents stating it
was a wonderful experience. She invited Council members to visit the center.
She stated her appreciation of the annual Hangar Dance at Leesburg Airport
on the 14th'
Town Council meetinq of May 24, 2005 Page #]0
She reported attending a presentation at Rust Library where Tim John played
Frankenstein.
The Mayor congratulated all of the Business Awards winners.
She thanked Delegates Joe May and Tom Rust for chairing and co-chairing the
House of Delegates Committee meeting on Dominion Virginia Power under-grounding
lines. She reported Jerry Shamla, Dona Rogers, the Northern Virginia Regional Park
Authority, Supervisors Sally Kurtz and Jim Burton were in attendance. Further, Vice
Chairman Tulloch and Supervisor Clem sent speeches in favor of under-grounding
lines.
The IVlayor reported meeting with the auditors stating they are much happier
with the way the town is progressing, much to the credit of John Wells and Norm
Butts and all the members of the Finance Team.
She reported attending a Tae Won Do exhibition at Smartts Mill Middle
School, stating it was a very impressive turnout. She also reported that her
daughter, Kendrick, broke a board with her hand.
She congratulated John Wells and his daughter, Ashley for her becoming the
Drum Major at Heritage High School.
Mayor Umstattd reported she and John Wells met with members of the
Peterson Companies stating they want to go forward with Crosstrails as quickly as
they can.
She congratulated all town staff on their awards ceremony and luncheon.
O. 14anager's Report
John Wells thanked Council for the funding provided for the support of the
public employee recognition events, stating it is greatly appreciated by staff.
He asked Tom Mason to come forward to make a presentation on a one time
program set up by the state thru the Virginia Department of Transportation for
revenue sharing funding.
Mr. Mason stated Leesburg is eligible this year to participate in the VDOT
Revenue Sharing Program. He stated the jurisdiction puts up $1 million, matched by
the State, and the criteria are that we have to come up with the money from our
own sources we cannot use funds allocated from the urban system or federal funds.
He stated Battlefield Parkway currently has approximately $800,000
allocated, as well as, Sycolin Road over $500,000. He stated Loudoun County has
agreed to provide an additional $432,000 in gas tax money so that Leesburg will
have $1 million to match the State's contribution.
He stated funding would not speed up Battlefield Parkway, but it would
Sycolin Road. He stated the County is interested in Sycolin Road because of Bolen
Park and their park and ride lot. Further, he stated staff is recommending
supporting a Phase 2 Sycolin Road Project from Oaklawn thru the intersection of
Tolbert Lane.
Town Council meeting of May 24, 2005 Page
Mayor Umstattd stated given we could use funds for almost immediate
construction, Sycolin Road would probably be the likely way to go.
P. Adjournment
On a motion by Vice Mayor Martinez, seconded by Councilmember Burk, the
meeting adjourned at 8:55 p.m.
stattd, Mayor
Town of Leesburg,
A~-rEST:
;;~erk of Council
2005_tcmin0524