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HomeMy Public PortalAbout2005_06_28COUNCIL MEETING June 28, 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. Councilmembers Absent: None Staff Present: Town Manager John Wells, Interim Town Attorney Elizabeth Whiting, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Director of Engineering and Public Works Tom Mason, Economic Development Director Betsy Fields, Chief of Police Joe Price, Director of the Office of Capital Projects Nagi Elsewaissi, Chief of Current Planning Lee Phillips, Engineer Renee LaFollette, Environmental Planner Bruce Douglas, Management Intern Tami Watkins, and Assistant to the Clerk of Council Deborah Parry. AGENDA ITEMS :Invocation by Councilmember Zoldos Salute to the Flag by Councilmember Burk Roll Call showing all present Minutes a. April 11, 2005 work session On a motion by Councilmember Burk, seconded by Councilmember Horne, the minutes of the April 11, 2005 work session were approved by a 7-0 vote. b. May 10, 2005 regular meeting On a motion by Councilmember Burk, seconded by Councilmember Home, the minutes of the May 10, 2005 regular meeting were approved by a 7-0 vote. Presentations a. Mary Elizabeth Gamble - Loudoun Main Street Program Betsy Fields introduced Ms. Nary Elizabeth Gamble, Coordinator of the Loudoun Hain Street Program. Ms. Gamble stated she is honored to be working with the Department of Economic Development on Main Street. She stated she has a background in small business development and has been a member of the Main Street program in West Virginia, Pennsylvania and Maryland. Further, she stated she looks forward to working with the Town of Leesburg and the other towns and villages in the County. b. Certificate of Appreciation - Tom Soderholm On a motion by Councilmember Hammler, seconded by Councilmember Zoldos, the certificate was approved by a 7-0 vote. Town Council minutes for .lune 28, 2005 Page #2 On behalf of the entire Council Mayor Umstattd, Councilmember Hammler and Vice Mayor Martinez presented the certificate to Mr. Soderholm for his dedicated service to the Town of Leesburg and the Leesburg Airport Commission from July 2004 to June 2005. c. 2004 Tolbert Awards - Environmental Advisory Commission Bill Repogle, Chair of the Environmental Advisory Commission, presented awards to the Loudoun Soil and Conservation District and the Loudoun Country Day School for their efforts in placing "no dumping" signs on the Town's storm sewers. Petitioners The petitioners section opened at 7:45 p.m. The Merry Wives of Windsor cast and Tim .Ion addressed Council. Mr..Ion reminded the public of their play which concludes Sunday at the Round Hill Center. He stated performances run at 8:00 p.m. on Friday and Saturday with a 3:00 p.m. matinee on Sunday. Kevin Wright, Vice Chair of the Planning Commission, addressed Council. Mr. Wright stated the planning process in Virginia is specifically designed to start at the Planning Commission level and work its way up to the governing body for ratification of that review process. He stated the Town Plan process has come to its conclusion at the Planning Commission level and will be presented to Council for review and ratification. Mr. Wright stated Council established a joint Planning Commission committee last spring to discuss the CPAMs and other issues in the ]LMA and UGA with the Loudoun County Planning Commission. Further, he recommended rather than approving the resolution on the agenda, Council should ask the Loudoun County Board of Supervisors to direct their Planning Commission to work with the Town. Ted Kalriess., Leesburg Planning Commission, addressed Council. He asked Council to consider the Town's ability to streamline the process to be effective in the public, County and developer community. He stated if Council passes a resolution to establish a committee where there already is one it could undermine the Planning Commission. Further, he stated utilizing the existing Planning Commission subcommittee will strengthen the Commission's ability to act on Council's behalf. Mr. Kalriess stated his concern that applications get caught in the system and anxious developers have bypassed staff and the Planning Commission to get to Council. He stated this needs to change so when applicants come into the Town they know and respect what we say. Further, the Planning Commission should serve as Council's first line of defense. Bridget Bangert, Leesburg Planning Commission, addressed Council. She stated it is essential that the public is afforded every opportunity to be involved in all processes in the Town. She stated it is her hope that the Town and County Planning Commissions can work together. Further, she stated the County's Planning Commission has reached out and indicated they are looking forward to meeting with US. Town Council minutes for June 28, 2005 Page #3 Ms. Bangert stated it is her hope that Council will allow the Town and County Planning Commissions to work together and involve the public in the process to provide input on the proposed developments surrounding the Town's boundaries. She stated in speaking with the County staff she was told that there will be no work on the CPAMs at the Town's southern boundary until September or October. Further, she stated this allows us to get a plan in place now that both the Town and County can agree with. Eddie Byrne, KS! Services, addressed Council regarding Villages at Leesburg. He stated his concern with the delay in processing his project at the Planning Commission level and asked that the Town Plan amendment for the diamond interchange at River Creek Parkway and Route 7 project be looked at separately from the other applications. He stated this will allow staff to expedite review of the interchange design. Mr. Byrne asked that Council also authorize staff to accept a preliminary/final site plan for Russell Branch Parkway so it can be permitted early and built with the interchange. Paul Ritchey, 221 Shenandoah Street, addressed Council. He stated when driving north on Route 15, at the intersection with Edwards Ferry Road there are two left turn lanes. He suggested that a right turn arrow be added to facilitate the flow of traffic. Further, he asked Council to direct staff to look at this possibility. Mr. Ritchey suggested several other traffic improvements at Gateway Drive, Sycolin Road, and the Costco exits on Edwards Ferry Road. Robbin Roddewig, 104 Newhall Place, addressed Council. He thanked Council, Mr. Wells, IVlr. Elsewaissi, and Mr. Grow for all of the hard work that has gone into the sidewalk project on Catoctin Circle near Foxridge Park. Mayor Umstattd thanked Mr. Roddewig and his neighbors for their efforts in bringing this project forward. G. Public Hearing None H. Legislation ORDINANCE On a motion by Councilmember Hammler, seconded by Councilmember Horne, the following motion was proposed: ORDINANCE 2005-0-8 Amending the Town Code to allow for the reimbursement for expenses incurred from emergency responses to serious traffic offenses. The motion was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and IVlayor Umstattd Nay: None Vote: 7-0 Town Council minutes for .lune 28, 2005 Page #4 On a motion by Councilmember Horne, seconded by Councilmember Burk, the following motion was proposed: ORDTNANCE 2005-0-9 Amending Town Code Article V:[! (Cigarette Tax) of Chapter 17 (Taxation and Licenses) by adding a definition for wholesale dealers; changing certain requirements for retail dealers by adding a section relative to powers of the Northern Virginia Cigarette Board; and making certain other changes requested by the Northern Virginia Cigarette Tax Board. Mayor Umstattd verified this ordinance would not change the cigarette tax in Leesbu rg. Councilmember Home stated Leesburg generates a $:[ million a year from cigarette taxes. The motion was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 CONSENT AGENDA On a motion by Councilmember Burk, seconded by Councilmember Horne, the following consent motion was proposed: RESOLUTTON 2005-107 Authorizing time extensions for completion of public improvements and approving performance guarantees for Stowers Public !mprovements Plan for Rt. 62:[ (Evergreen Mill Road), Wallace Drive extended and Stowers Lane; Stowers Section :[; Stowers Phase :[, Section 2; and the Recreation Center; and making a reduction of the performance guarantee for public improvements installed in Stowers Public !mprovements Plan for Rt. 62:[ (Evergreen Mill Road), Wallace Drive extended and Stowers Lane. The consent agenda was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 REGULAR AGENDA On a motion by Councilmember Kramer, seconded by Councilmember Horne, the following motion was proposed: RESOLUT:[ON 2005-108 Appointing members to an Ad Hoc Committee seeking agreement by the Loudoun County Board of Supervisors for incorporation of property owned by Peterson Companies, :[nc., known as the Crosstrail Property, into town boundaries by boundary line adjustment and future joint planning initiatives. Town Council minutes for June 28, 2005 Page #$ The motion was approved by the following vote: Aye: Burk, Home, Kramer, Martinez, and Mayor Umstattd Nay: Hammler and Zoldos Vote: 5-2 Mayor Umstattd stated this resolution would appoint Vice Mayor Martinez and Councilmembers Burk and Home to the Ad-Hoc .]oint Planning Committee to maintain on-going dialogue between the Leesburg Town Council and the Loudoun County Board of Supervisors. Councilmember Burk verified this in no way excludes the Planning Commission Subcommittee. She stated it was never her intent to preclude the Planning Commission's involvement in this process. Councilmember Horne asked if we've had a committee on the Planning Commission that has been activated since spring, why the County has not met with them. Ms. Bangert stated in February Supervisor Clem brought forward a motion to suspend all work on the CPAMs and indicated he would like the Planning Commissions to get together. She stated the Town's Planning Commission was trying to work through the Town Plan at that time and asked the County Planning Commission to wait until that work was completed. Further, she stated in the mean time the CPAMs lost their place in line and there will now be no staff to work on them until September or October. Councilmember Horne verified the CPAMs have been put back on the scheduled by the Board of Supervisors. She stated this speaks to the importance of the Council and Planning Commission subcommittees working together. Councilmember Zoldos stated he would not support this motion as the Town already has a Planning Commission subcommittee in place to move these issues forward. Further, he moved to table the motion. On a motion by Councilmember Zoldos, seconded by Councilmember Hammler a motion to table was proposed. The motion to table failed by the following vote: Aye: Burk, Hammler and Zoldos Nay: Horne, Kramer, Martinez and Mayor Umstattd Vote: 3-4 Councilmember Hammler stated she has every confidence that the Planning Commission can move the issues forward and streamline the process. She stated the Board of Supervisors has already agreed to meet with Council twice a year. Further, she stated the Commissioners have the expertise given they have been certified by the state and ultimately this is their role as an apolitical body. The original motion was approved by the following vote: Aye: Burk, Horne, Kramer, Martinez and Mayor Umstattd Nay: HammlerandZoldos Vote: 5-2 Town Council minutes for .lune 28, 2005 Page #6 The following item failed for lack of a motion: RE$OLUT]:ON Appointing members to an Ad Hoc Subcommittee seeking agreement by the Loudoun County Board of Supervisors for incorporation of property owned by Peterson Companies, ~[nc., known as the Crosstrail Property, into town boundaries by boundary line adjustment and future joint planning initiatives. Councilmember Hammler stated it was her understanding that there would be two options, one to initiate the joint boundary line adjustment with the county and this one to affirm the process already in place with the Planning Commission and how we would proceed with the joint planning. Vice Mayor IVlartinez stated it is his hope that the Planning Commission subcommittee will meet with the County's subcommittee to make recommendations to the governing bodies on how best to resolve joint planning issues. Mr. Wright asked that Council reinstruct the Planning Commission to meet with the County Planning Commission. He stated there is already a subcommittee in place. Further, he stated we just need to ensure there is not a lack of clarity in the number and role of the subcommittees. On a motion by Councilmember Hammler, seconded by Councilmember Horne, the following motion was proposed: I4OT:I:ON Reaffirming Council support for the Planning Commission to continue efforts to meet with the Loudoun County Planning Commission regarding joint planning initiatives in the .1LMA/UGA area. Councilmember Zoldos stated the Planning Commission is trying to move forward with the process already in place and now we have confused them. He stated we need to just let them represent us. Vice Mayor Martinez stated we are allowing them to represent us; however, the Planning Commission does not have a governing role, Councilmember Horne stated having subcommittees at the Planning Commission and Council level creates an opportunity for alignment of joint goals and to articulate some specific issues that need to be highlighted and brought forward for discussion. Councilmember Burk stated Council is very pleased with their appointees to the Planning Commission as they have represented us well and we have absolute confidence that they are on the right track. Councilmember Zoldos stated it is not clear to the Planning Commissioners what to expect from this Council and what we want them to do. The motion was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez and Mayor Umstattd Nay: None Vote: 6-0-1 (Zoldos abstaining) Town Council minutes for June 28, 2005 Page #'7 Boards and Commissions a. Airport Commission No comment b. Thomas Balch Library Commission Councilmember Burk thanked Bruce Dewar and ]ulie Overman for their donation of the two American elms that will be going to the library. c. Board of Architectural Review Councilmember Burk stated she has two new business items from the BAR. d. Cable Television Advisory Commission Vice Mayor IVlartinez stated Comcast has submitted the paperwork to take over the Adelphia franchise agreement, which is currently under review by the Commission. e. Economic Development Commission Councilmember Horne reported the EDC passed a resolution to the Council on the issue of extending utilities and being mindful of the economic development implications. f. Environmental Advisory Commission Councilmember Burk stated today the EAC presented the 2004 Tolbert Awards. She stated those awards were never presented last year and the Commission will present the 2005 awards in a couple of months. Councilmember Burk stated the EAC has created a survey to distribute to all the downtown businesses to see how much they recycle and their awareness of the recycling program, Further, she stated the Commission is also looking at the recycling efforts in the schools. g, Tnformation Technology Commission No comment. h. Parks and Recreation Commission Councilmember Hammler reminded everyone of the July 4th festivities. She stated the courthouse program will begin at 11:30 a.m., the parade will start at noon and the program at Tda Lee will begin at 5:00 p.m. to be concluded by the fireworks choreographed to music and broadcast on Wage Radio. Mayor Umstattd reported Brian Fugere is leaving the area and there is now a vacancy on the Commission. She asked that anyone interested in serving on the Commission to send their resume to the Clerk's office. Planning Commission No comment Tree Commission No comment k. Standing Residential Traffic Committee Town Council minutes for .lune 28, 2005 Page No comment Old Business a. Harrison Street Parking Mr. Wells stated this item will be coming forward for Council consideration at the next work session. New Business a. LEAD Virginia Visit Councilmember Horne stated she serves on the Board of Directors of LEAD Virginia, which is a state-wide program for community leaders. She stated they have their inaugural class underway and in July they are planning to visit Leesburg. Further, she stated she would like Council to host the food portion of a reception for the 40 individuals and invited Council to attend the reception on .luly 22. Councilmember Umstattd verified the cost is estimated at $500 to $1,o0o. Councilmember Horne verified the alcohol would be provided by another organization. On a motion by Councilmember Horne, seconded by Councilmember Burk, the following motion was proposed: I~IOT]:ON Approving the expenditure of up to $1,000 to host the food portion of a reception for the LEAD Virginia participants. The motion was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 After further discussion of new business items Councilmember Zoldos stated when the vote was taken to approve this item it had escaped his attention that the item had not been previously discussed and therefore no vote should have been taken. On a motion by Councilmember Zoldos, seconded by Councilmember Hammler the following motion was proposed: Rescinding the above motion due to a procedural error. The motion was approved by the following vote: Aye: Burk, Hammler, Martinez and Zoldos Nay: Horne, Kramer and Mayor Umstattd Vote: 4-3 On a motion by Vice Mayor Martinez, seconded by Councilmember Burk, the following motion was proposed: Town Council minutes for .lune 28, 2005 Page #9 I~IOTI:ON Suspending Council's rules of order to allow for a vote on the LEAD Virginia visit item. Councilmember Zoldos stated the Council policy states that any item set forth for a vote under new business must have been brought forward at the work session. Mayor Umstattd stated it is her understanding that Council can always suspend its own rules. Vice Mayor Martinez stated precedence has been set with regard to suspending the rules. Councilmember Zoldos stated precedence may have been set for voting on a previously discussed item; however, this item was not discussed before tonight. Further, he stated his objection relates to the procedural error and not the merit of the request. Councilmember Hammler concurred with Councilmember Zoldos. She stated it is not prudent to vote on an item to spend taxpayer funds after less than five minutes of discussion. After further discussion the item was brought to a vote. The motion was approved by the following vote: Aye: Burk, Home, Kramer, Martinez and Mayor Umstattd Nay: Hammler and Zoldos Vote: 5-2 On a motion by Councilmember Home, seconded by Councilmember Kramer, the following motion was proposed: MOTION Approving the expenditure of up to $1,000 to host the food portion of a reception for the LEAD Virginia participants. Councilmember Horne stated she would'ye informed Council of this item earlier if she had more notice. Further, she stated it is her hope to showcase Leesburg to the rest of the state. Councilmember Burk asked that Council be given a report on where the funds will come from. Mr. Wells stated being the end of the fiscal year, staff would look to see if there are available funds in Council's budget first; however, the funds could also be transferred to the Council budget from the Town Manager or Economic Development budget. The motion was approved by the following vote: Aye: Burk, Home, Kramer, Martinez and Mayor Umstattd Nay: Zoldos Vote: 5-1-1 (Hammler abstaining) Town Council minutes for .lune 28, 2005 Page #10 b. Board of Architectural Review (BAR) issues Councilmember Burk stated a petitioner came forward who would like to donate time and materials to paint a mural on a Town building. She stated the members of the BAR feel very uncomfortable about judging art and would like the Town to establish a group to handle this type of issue. IVls. Whiting stated she would like Council to refer this matter to the Town Attorney or Town Manager. Councilmember Kramer stated she would like to see murals in the Town; however, perhaps not on public buildings. She stated murals can be a compliment to downtown communities. Councilmember Burk stated this request pertained to a private building in the Town. Ms. Whiting stated the BAR is the Town's historic district review committee and they can ask for input on issues where they are uncomfortable; however, ultimately they will have to cast the vote. Further, she suggested establishing a subcommittee to create guidelines. Councilmember Kramer stated Lisa Capraro in the Economic Development Office could provide assistance. Councilmember Burk asked how the BAR should proceed with the current request. Ms. Whiting suggested the BAR speak with the applicant to see if the request can be deferred; however, the BAR will have to vote on the request. Further, she stated she would be happy to work with the BAR on this issue. Tt was the consensus of Council to refer the issue to the Town Attorney for recommendation. Councilmember Burk stated the other concern of the BAR is that they would like for the sign approval process to be an administrative one rather than requiring BAR action. Further, she stated the issue could come forward to the BAR if there is a disagreement with staff's decision. It was the consensus of Council to put this item on the next Council work session for discussion. I~!, Council Comments Councilmember Hammler stated she is having three guests come in this evening from Peru for the YMPPA youth orchestra. She stated there are wonderful things going on in the community and you can go to ~[da Lee to see the orchestra in action with over 20 countries represented. She stated an advertisement has been placed in the paper regarding her Airport Commission vacancy and she will bring forth a nomination at the second meeting in July. Town Council minutes for June 28, 2005 Page #]] She wished good luck to Human Resources Director Dona Wolf stating she will be dearly missed. Councilmember Zoldos thanked the Planning Commission for bringing forth a motion to name the South Harrison Street Trail in memory of former Planning Commissioner John David Kennedy. He stated his support for moving forward with the Town Plan amendment request for a diamond interchange per IVlr. Byrne's request. Further, he stated an additional Planning Commission public hearing should not be necessary even though substantial changes have been made to the KS! project since the original public hearing. Mr. Wells stated staff has spoken with the applicant's attorney to make changes that would allow Council to review a similar, but responsive application that spoke to the comments made by the Planning Commission. He stated staff has also recommended that the application for the plan amendment for the interchange be processed separately from the rest of the applications. Councilmember Zoldos wished his son Bob a Happy Birthday. Councilmember Home thanked Mayor Umstattd and Councilmembers Burk, and Hammler for attending the Loudoun County Board of Supervisors meeting last week to present Council's resolution on the boundary line adjustment. She stated she will miss the July 4th festivities as she will be on vacation with her family. She thanked Mr. Ritchie for sharing his ideas regarding traffic improvements for the Town. She thanked her Planning Commission appointee Chuck Jones and all of the Planning Commission and staff for their work on the Town Plan. Further, she thanked the citizens who attended the visioning sessions and other meetings to provide input on the Town Plan. Councilmember Horne wished a safe and healthy summer to everyone. Councilmember Burk stated she attended the Virginia Municipal League Transportation Steering Committee meeting last week stating it was interesting to listen to the issues facing different localities. She stated it is important that Council meet with the Loudoun County Board of Supervisors to plan the areas around Town. Further, she commended the Planning Commission for their efforts. She wished the very best to Dona Wolf stating she will be terribly missed. Councilmember Burk thanked the Downtown Saloon owner Scott Werner for inviting her to the send-off of the annual MDA bike tour. She stated they had over 70 bikes and raised close to $60,000 for MDA. Further, she stated they have been doing this for over 40 years. Town Council minutes for June 28, 2005 Paqe She wished everyone a happy 4th of July. Vice Mayor Martinez thanked Mr. Roddewig and his neighbors for being activists in their community and pushing for the trail on Catoctin Circle. He thanked Council and the Loudoun County Board of Supervisors for their contributions to the project graduation program. Further, he thanked the :Ida Lee Recreation Center staff for helping out during the celebration. He expressed his appreciation for the efforts of the Planning Commission. stated Council should establish a working committee to investigate ways to streamline the application process. Vice Mayor Martinez wished everyone a safe 4th of July. He Councilmember Kramer had no comments. N. Mayor's Comments Mayor Umstattd reported she met with representatives from Virginia Dominion Power and informed them of Council's recent resolution. She reported attending the ribbon cutting ceremony at Expectations located on 211 Edwards Ferry Road. She congratulated the Leesburg United Methodist Church on the reopening of its sanctuary. She stated they thanked John Wells, John Creamer, Council, and the Leesburg Volunteer Fire Department for their assistance. Mayor Umstattd congratulated the participants in the Law Camp, which is organized by Judge Horne. O. I~lanager's Report John Wells thanked Dona Wolf for her work with the Town. professionalism and expertise will be hard to match. He stated her He stated the public hearing on the Town Plan is now scheduled for Tuesday, July 26. Mr. Wells asked Chief Joe Price to update Council on the department's response time to an incident in Town, Chief Price stated the department issued a review of its response to a reported break in at 205 North King Street on May 15. He stated the department failed to provide Mr. Niles with quality service as the result of a poor decision made by the responding officer. Further, he stated the officer contacted the dispatcher with his personal cell phone rather than using his radio when his vehicle broke down and therefore the other officers and his supervisor were not made aware of the problem until later. Chief Price stated once the dispatcher contacted the supervisor, two officers were dispatched to the scene but were stopped by a verbal altercation at the Shenandoah Exxon before proceeding to 205 North King Street. Further, he stated Town Council minutes for .lune 28, 2005 Page #1_3 appropriate action has been taken and all officers were reminded that communication must be made via the police radio or the mobile computer system. Chief Price stated the original responding officer's vehicle failed as a result of an electrical problem that could not have been detected in a routine maintenance. Councilmember Zoldos asked how the officer was marked as being on the scene when he was not? Chief Price stated that could happen either by an entry from the dispatcher or by pushing the screen on the mobile computer. He stated in this case the button was either accidentally pushed by the officer, or a glitch occurred during a refresh. Councilmember Hammler asked why no one dispatched other officers to the scene once the initial call came in that the first officer was having difficulties with his vehicle? Chief Price stated the supervisor was not aware of the problems with the officer's vehicle because the call was made with a personal cell phone. He stated if the officer had used his radio then the supervisor would've been aware of the situation. Councilmember Hammler verified the Police Department has followed up with Mr. Miles. Mr. Wells asked Mr. Nagi Elsewaissi to address the issue of tree root pruning on Wilson Avenue. Further, he stated staff is currently working with the Tree Commission to draft a tree policy. Mr. Elsewaissi stated the Wilson & Pershing Avenues project is ahead of schedule and should be completed before winter. He outlined the process of root pruning stating a trench is dug by an air spade tool or hand dug to expose the tree roots and once the trench is dug an arborist is called to examine the roots before the roots are trimmed. Further, this process was recommended by the Town Arborist. Mr. Elsewaissi stated the roots on Wilson Avenue were exposed for 12 weeks as indicated by Ms. McCarthy; however, the roots were inspected by an independent arborist and it was determined that they are still healthy. Further, he stated the tree policy will be amended to ensure this does not happen again. Councilmember Burk verified the trenches have now been filled. Councilmember Zoldos expressed concern with the length of time that the tree roots were left exposed and the delay in receiving the report from the contracted arborist. There was further discussion regarding the duties of the Town Arborist. Councilmember Zoldos asked if there have been any other complaints about this project? Mr. Elsewaissi stated there have been some complaints about dust and motorists experiencing difficulty driving on the roads because of the construction Town Council minutes for June 28, 2005 Page #]4 equipment. Further, he stated staff is doing everything they can to minimize these difficulties. Councilmember Zoldos asked that the residents be kept informed about what is taking place so that they can anticipate any difficulties. Councilmember Hammler verified staff had anticipated the report would have been received from the consultant within a week. She asked if Mr. Wells was aware of the delay? Mr. Wells stated he was aware of the delay; however, the report was initially found to have some inconsistencies as indicated by the Town Arborist. He stated during this time staff was aware that the roots were exposed; however they had not yet been cut. Councilmember Hammler verified the Town Arborist was aware that the roots were exposed and believed that although it would put stress on the tree, it was not detrimental. She asked if the Town expects to receive any compensation for the delay in receiving the report. Mr. Elsewaissi stated the Town will not receive compensation; however, the delay will be taken into consideration when a RFP is sent for the next project. Wells stated he and Ms. Whiting will review the contract. Councilmember Horne stated as we embark on upcoming projects in some of the older neighborhoods it would be beneficial to keep our Town Arborist involved in an advisory capacity. Mayor Umstattd asked staff to investigate whether the Town can put penalty clauses in its future contracts. Mr. Wells apologized for both issues involving Mr. Miles and Ms. McCarthy. He stated when there is a breakdown in the customer service that should be provided to all residents. Adding, ultimately it is his responsibility to make sure the systems are in place to ensure these situations don't occur. He stated many good suggestions were made tonight that staff will implement in the future to improve the service to our citizens. P. Adjournment On a motion by Councilmember Burk, seconded by Councilmember Hammler, the meeting adjourned at 9:59 p.m. -~n C.-Omstattd, Mayor Town of Leesburg ATTEST: rk of Council tcmin0628