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