HomeMy Public PortalAbout2005_12_13COUNCIL MEETING December 13, 2005,
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmember$ Present: Kelly Burk, Kathryn Sheldon Hammler, Susan Home,
Melinda Kramer, Marry Martinez, Robert Zoldos, and Mayor Kristen Umstattd.
councilmembers Absent: None
Staff Present: Town Manager John Wells, Assistant to the Town Manager Nicole
Ard, Assistant to the Town Manager Kathy Leidich, Director of Engineering and Public
Works Tom Mason, Chief of Police Joe Price, Director of Utilities Randy Shoemaker,
Director of Finance Norm Butts, Downtown Coordinator Lisa Capraro, Capital Projects
Engineer Renee LaFollette, Planner Chris Murphy, Planner Wade Burkholder,
Management Specialist Tami Watkins and Clerk of Council Judy Ahait.
AGENDA
ITEMS
B.
C.
D.
Tnvocation by Councilmember Horne
Salute to the Flag was led by Councilmember Kramer
Roll Call showing all present.
Minutes
a. Town Council regular meeting of November 8, 2005
On a motion by Vice Mayor Martinez, seconded by Councilmember Home,
the minutes of the November 8, 2005 Council meeting were approved by a 7-
0 vote.
b. Town Council work session meeting of September 12, 2005
On a motion by Councilmember Home, seconded by Vice Mayor Martinez,
the minutes of the September :[2, 2005 work session meeting were approved
by a 7-0 vote.
Presentations
a. Certificate of Appreciation - Woodlea Garden Club
A certificate of appreciation was presented to the Woodlea Garden Club
for their contribution to the successful opening of Dodona Manor.
b. Arts Task Force Update - .~im Sisley
Jim Sisley outlined the mission of the task force as follows: "Determine
the feasibility of a Leesburg Public Art Commission; and if such a commission
is feasible, make a recommendation on the organizational structure, funding,
and the scope of responsibilities for the commission; identify necessary
changes to the Town's ordinances and regulations; and outline a time for the
creation of this commission".
Councilmember Kramer stated the task force has a great sense of pride
and is a very dedicated to educating the community.
Town Council Minutes for December 13, 2005 Page 2
Councilmember Burk thanked all of the task force members adding they
currently do not have a recommendation for Council.
Councilmember Home thanked the task force for their hard work.
Councilmember Zoldos suggested funding for a commission in the FY 2007
budget. He added his strong belief in a public/private process.
Councilmember Hammler thanked the task force for a good job.
Petitioners
The petitioner's sectioned opened at 7:51 p.m.
Smart's Mill Middle School - Skateboarding issue
Ryan Finneqan, 817 Bellview Court, addressed Council stating he was told by
the Leesburg Police that skateboarding in residential areas and on the streets is a
code violation and cause for arrest. However, he would like to propose the possibly
of allowing students to skateboard to school.
Dylan Mercer, 43430 Evans Pond Road, stated skateboarding is a healthy
exercise. He added he and his friends skate after school until their parents get
home.
Name not given, addressed Council stating he knows the safety issue is
getting hit by a car. However the rider is not attached to the skateboard and can
jump off if necessary. He added he would like to use the skateboard as
transportation to and from school, however; he has been advised it is against the
law.
Bennett Beckner, 108 Courier Court, addressed Council by reading a section
from the Town Code stating the Town Manager may designate certain areas on
highways and streets for skateboarding.
Mayor Umstattd proposed further discussion of this issue at the next Council
work session. The Mayor verified the current skate park will be moved to Ida Lee
within three years,
The Clerk of Council read the following letter from Eric Brown into the record:
"T write this letter on behalf of the group here today to voice their concerns to
be allowed to skateboard to school and in neighborhood cul-de-sacs. No longer
living in Virginia my mother emailed me the Leesburg Today article about this
situation. I read the article with an open mind, and neutral to the situation because
T understand the Town's concern for the kid's safety, and T understand the kid's
concern to be able to skateboard. After reading the article, I support the kid's on
being able to skate to school and in neighborhood cul-de-sacs. Considering the road
to school isn't too dangerous, they do have a valid point about the bikes being able
to operate on the road but not skateboards.
T was in this same situation in 1995, not being able to skate in public places.
voiced the concern to my mother who then gave me the idea to voice my concerns
to the Town Council which ! did with a group of friends and their supportive parents.
Town Council Minutes for December 13, 2005 Page 3
An outstanding citizen of Leesburg, .lim Kerhsaw stepped in to work with us to form
the nonprofit group "Friends of Tda Lee". After four and one-half years of Jim's
guidance, and the support of the Town and Town Council, Catoctin Skate Park was
built.
Even though the skate park is built now, ! still understand the kid's concerns
about the park. They are not old enough to drive to the park when they would like.
At the park some of the older kids can be intimidating as they are pretty aggressive
and not always concerned for the younger kids around them. This drives younger
kids to want to skate somewhere else such as neighborhood cul-de-sacs. Cul-de-
sacs are a considerable safe spot in a neighborhood to skate and it gives them the
room needed to practice tricks. The signing of waivers if necessary is a great idea
and a minimal price to pay for the permission to skate.
! wish the kids and their parents luck in this pursuit. Thank you for your
time. Sincerely, Eric Brown"
Laura Langley addressed Council stating these kids are the age of Mr. Brown
when the skate park was built and !da Lee will be a good place for rebuilding the
skate park.
Vice Mayor IVlartinez stated he will work with the kids and Town Manager. He
suggested the skateboarders wear helmets.
Council thanked the skateboarders and let them know they do have a voice in
the Town government.
Teresa Pliuskaitis, Snowbird Acquatics, 42820 Forest Spring Drive, addressed
Council. She stated she has been a resident for four years and have had her USA
Swimming registered team based at Ida Lee for the past eight years.
She asked Council to intervene in the access reduction for the Snowbirds.
Further, she asked for justification for the reduction and a reversal of the Parks and
Recreation Commission's decision.
Patty Nelson, 216 Rosemeade Place, stated 200 children participate in
Snowbird swimming at Ida Lee. She asked for a reasonable compromise as the
swimming opportunities made a huge difference in the children's lives.
Bill Michel, 312 Lakeview Way, addressed Council. He stated his son is a
skateboarder and commended the children who came in to address Council. He
stated there are conflicting regulations between the Town website and the Division of
Motor Vehicles regarding skateboarding on streets. Further, he stated the conflicting
regulations need to be corrected.
David Louqhran, 430:~9 Mill Race Terrace, addressed Council. He stated he
would like to register official opposition to the water and sewer rate increase for out-
of-town users.
Stewart Curley, 18552 Sandpiper Place, addressed Council. He gave a history
of how the Town came to provide water and sewer for out-of-Town communities. He
stated the County customers have helped the Town revenues but he has not heard a
Town Council Minutes for December :13, 2005 Page 4
justification for the proposed increase. He asked that any increase be made across
the customer base.
Diane Florczyk, 18888 Goose Bluff Court, addressed Council. He stated the
consultant's initial recommendation of the water and sewer increase was to give an
equal increase across the board. He asked Council to consider who are the
constituents of the Utility Fund. Further, he asked Council to make a fair and
equitable decision on the water and sewer increase.
Henry Twentier, 19001 Panther Court, addressed Council regarding the
proposed water and sewer increase. He thanked Council for their past support and
stated he trusts the decision tonight will be a legal and well thought out one.
In regards to skateboarding, he stated it is imperative that we give teenagers
something to do.
Heidi Branch, 213 Cranbrook Drive, addressed Council regarding Leesburg
residents keeping chickens in their yards. She recommended amending Chapter 4,
Animals and Fowl, of the Town Code. She submitted a petition from Town residents
asking for this amendment.
The proposed amendment to the code reads as follows:
"Animals owned as pets should not be allowed to trespass on, destroy or
damage another person's property. Animals must not frequently and
habitually make loud and objectionable noises or be kept in such a manner as
to cause unsanitary conditions. Animal waste must be cleaned up in a
reasonable period of time.
Exotic animals should be prohibited from being kept as pets in any residential
neighborhood where lots are less than I acre.
An exotic animal is defined as any animal except: dogs, cats, hamsters,
gerbils, guinea pigs, ferrets, birds which are normally purchased through a
pet store, goldfish and aquarium fish, non-poisonous snakes less than eight
feet in length, domestic rabbits, mice and rats which have been bred in
captivity and which have never know the wild.
Exotic animals include all fowl."
She added the keeping of exotic animals such as fowl creates a health risk to
neighbors, especially when said animals are not taken care of in a sanitary manner.
Further, the noise is loud and objectionable.
Sherry Caddy, 217 Cranbrook Drive, addressed Council in agreement with Ms.
Branch's comments.
Kevin Bowser, 2:16 Cranbrook Drive, addressed Council stating animal control
has no jurisdiction with regard to the animal and fowl issue.
Michael Branch, 2:13 Cranbrook Drive, addressed Council stating the animal
and fowl ordinance needs to be changed.
Town Council Minutes for December 13, 2005 Page
David D'Onofrio, 42821 Forest Springs Drive, addressed Council regarding the
water and sewer user fee increase. He suggested that Council listen to the
consultant's report and proposed the Town working with County residents to come to
a resolution on this issue.
The petitioner's section closed at 8:39 p.m.
Public Hearing
a. Adelphia-Comcast Franchise Transfer Agreement
The public hearing opened at 8:40 p.m.
Tami Watkins advised Council that the Cable Commission reported
Adelphia is largely in compliance.
She stated one area of default is in keeping the studio equipment up-to-
date. Further, she provided these four reasons for denial of this transfer if
the conditions are not met by December 31, 2005:
:[. The parties execute the attached Assignment of Franchise Agreement;
and
2. The Town is reimbursed 100% of the attorney fees and costs incurred
by outside counsel as required by Section 5.1-16; and
3. The Town receives the sum of $10,000 in settlement of the existing
default pertaining to the failure to bring the access studio and
equipment into compliance with current levels of technology; and
4. Comcast and Time Warner Cable Inc. guarantee in writing the
performance of Cable Holdco Exchange V, LLC for the period of time
that they respectively exercise control over Cable Holdco Exchange V,
LLC.
Councilmember Zoldos asked why there has not been a separate studio in
Leesburg.
Ms. Watkins stated a studio would not be required until there were :[5,500
subscribers.
There were no speakers for this public hearing.
The public hearing closed at 8:47 p.m.
On a motion by Vice Mayor Martinez, seconded by Councilmember Home, the
rules were suspended by a 7-0 to vote on the franchise transfer tonight.
Town Attorney Barbara Beach clarified the agreement still has four
outstanding issues.
Councilmember Hammler clarified there is still some room for negotiations
during the transfer.
On a motion by Councilmember Burk, seconded by Vice Mayor Martinez, the
following motion was proposed:
Town Council Minutes for December 13, 2005 Page 6
RESOLUT:]:ON
Denying the transfer and assignment of the Cable Television Franchise and Cable
System held by Century Cable Holdings, LLC. to Cable Holdco Exchange V, LLC., and
the subsequent transfer of control of Cable Holdco Exchange V, LLC. to Comcast
Corporation.
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 7-0
H. LEGISLATZON
ORDZNANCE
Councilmember Burk made a motion to defer action on this item until January
24 and asked Council to direct the Town Manager to readvertise the public hearing
proposing water and sewer rates providing for a 50% surcharge in out-of-town rates
and that the overall rate increase for combined water and sewer will be as follows FY
06 - 9%, FY 07 - 7.4%, FY 08 - 7.4% and FY 09 - 5% and FY :~0 - 3%.
The motion failed for lack of a second.
On a motion by Councilmember Zoldos, seconded by Councilmember Home,
the following motion was proposed:
ORDZNANCE
2005-O-:1.7
Amending Sections 15-56, 15-57, 15-58, 19-42, 19-45 and 19-46 of the Town Code
regarding water and sewer rates
Councilmember Hammler stated she appreciates the research and hard work
of all of those who have come forward. She stated her fundamental belief that the
Town should not unbundle Town services. Further, it is Council's fiduciary
responsibility to get to the bond market in February.
Finance Director Norm Butts showed a comparison of the average quarterly
billing for in and out-of-Town customers.
Councilmember Zoldos pointed out that the quarterly increase for out-of-
Town residents would be $85.98 per quarter or $1.00 per day.
Councilmember Horne stated her appreciation to citizens for their reasonable
and community spirited tone tonight. She stated; however, Council's ultimate
responsibility is to the taxpayers of Leesburg. She added this rate structure will
provide a stable utility fund that will serve in and out-of-town residents into the
future.
Councilmember Burk stated the need to consider what is best and fair. l~t is
not fair; to ask out-of-town residents to pay 34% more because they live out-of-
Town. She added it costs no more to provide water and sewer to River Creek than it
does to Queen Street.
Town Council Minutes for December 13, 2005 Page '7
Vice Mayor Martinez stated this is a difficult decision, but he will be open-
minded. He stated past Councils have tied our hands to do something that they we
want to do. He added time is of the essence to move forward with the $38,000,000
bond to take care of our infrastructure.
He asked Town staff to look at these rate increases and come up with some
way to give the out-of-Town users some representation.
Councilmember Kramer had no comments.
Mayor Umstattd thanked all of those who came out to speak tonight. She
stated it is the duty of Council to represent the citizens of Leesburg. She added this
rate increase is the most fair and equitable solution for Leesburg.
The motion was approved by the following vote:
Aye: Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: Burk
Vote: 6-1
CONSENT AGENDA
On a motion by Vice Mayor Martinez, seconded by Councilmember Zoldos, the
following consent motion was proposed:
RESOLUTION
2005-189
Approving TLSE-2005-0004 Carr Tank #2 major public utility, Fort Evans Road, N.E.
to permit a water storage tower facility.
RESOLUTION
2005-190
Authorizing a time extension for completion of public improvements and approving a
performance guarantee for the Jerry's Chevrolet/Oldsmobile Expansion.
RESOLUTION
2OO5-191
Accepting public improvements, releasing the performance guarantee and approving
a maintenance guarantee for public improvements at the Hamlets at Leesburg.
RESOLUTION
2005-192
Authorizing a time extension for completion of public improvements and approving a
performance guarantee for the AIIman Water and Sanitary Sewer Extension.
The consent motion 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 Hammler, seconded by Vice Mayor Martinez,
the following motion was proposed:
Town Council Minutes for December 13, 2005 Page
RESOLUTION
2005-193
Adopting the National Incident Management System in Leesburg, Virginia.
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 Vice Mayor Martinez, the
following motion was proposed by a 7-0 vote'
RESOLUTION
2005-194
Declaring that a public necessity exists and authorizing offers to acquire rights-of-
way, temporary and permanent easements for Sycolin Road Phase ! improvements
project, and authorizing condemnations if offers are not promptly accepted.
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:
RESOLUTION
2005-:L95
Approving policies and procedures for the Town of Leesburg Government Access
Channel 21.
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
Home, the following motion was proposed:
RESOLUTZON
2005-196
Requesting Virginia Department of Transportation funding for highway projects
within the Town of Leesburg in the Virginia Department of Transportation Six-year
Improvement Plan for Fiscal Years 2006-2007 through 2011-2012.
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 7-0
Boards and Commissions
a. Airport Commission
Town Council Minutes for December 13, 2005 Paqe 9
John Wells reported that interviews will be conducted over the next
few weeks with the top three candidates for the Airport Director vacancy.
b. Thomas Balch Library Commission
Councilmember Burk reported the two donated trees have been
planted at Balch Library.
The Hall Family announced that four maps from the 1700's including
the Loudoun Castle have been put in a trust and will eventually be donated to
Balch Library.
The Mayor thanked all those who participated in the tree planting.
c. Board of Architectural Review
Vice Mayor IVlartinez stated he will be submitting a name to fill the
vacancy on the BAR.
Cable Television Advisory Commission
No comment
e. Economic Development Commission
Councilmember Home stated the EDC presented their annual report to
Council last night.
f. Environmental Advisory Commission
Councilmember Burk reported the recycling survey to businesses is
being circulated.
Also, an issue arose at their last meeting regarding the use of
commission funds for outside sources. Councilmember Burk stated she has
asked the Town Manager to prepare a letter to Commission chairs regarding
the use of budgeted funds for commissions.
Znformation Technology Commission
No comment
h. Parks and Recreation Commission
Councilmember Hammler reported a resolution has been prepared by
the Commission regarding the Symington donation. Their recommendation is
(1) land acquisition; (2) an out-door pool; and (3) in-door tennis courts.
She thanked the Commission and staff for their hard work on this
issue.
Planning Commission
No comment
j. Tree Commission
Councilmember Kramer congratulated the Commission on the Urban
Forestry Management Plan which was quite impressive.
k. Standing Residential Traffic Committee
Town Council Minutes for December 13, 2005 Page l0
No comment
.1. Old Business
None
K. New Business
None
L. Council Comments
Councilmember Hammler reported meeting on December 7 with Bob Sevila,
representing the O'Connor family, and Town staff members.
She thanked Nicole Ard for her hard work on coordinating the Legislative
Dinner. In addition, since we have officially added Section 8 of Battlefield Parkway
to our 6-year plan we can use these lobbying opportunities to get Battlefield Parkway
funding.
She thanked Bridgett Bangert for her initiative on proffer guidelines.
She asked for an update on setback requirements for the Loudoun St.
addition; traffic impact of the Cornwall Campus office building; and consideration of
the safety and traffic impact of the proposed 70 ft. warehouse at the Sports and
Health Club site.
Councilmember Zoldos commended the Leesburg Police Department for the
recent life saving event where an officer revived a gentlemen in cardiac arrest. He
suggested the officer be nominated for a Valor Award.
He wished Town staff the best for the holiday season and a successful new
year.
Councilmember Home thanked Town staff for all of the hard work they do.
She added her appreciation to all of the community leaders serving on Boards and
Commissions.
She congratulated Greenberry's Tea and Coffee on their opening.
Councilmember Home thanked the legislative officials for setting down with
Town officials to discuss their concerns.
She thanked Governor-Elect Kaine for coming to Leesburg Airport and sharing
his concerns on transportation.
She asked that the January 9 work session include a discussion on the swim
lane policies at [da Lee. She thanked the citizens and veterans who came to the tree
lighting.
She wished every a joyous and safe holiday.
Councilmember Burk had no comments.
Vice Mayor rvlartinez thanked Nicole Ard for her work on the legislative dinner.
Town Council Minutes for December 13, 2005 Page !1
He added this has been a great year for the Town with the addition of .lohn
Wells and the new Town Attorney Barbara Beach.
He stated his appreciation to staff for their general concern and helpfulness to
the citizens.
He wished everyonea Merry Christmas and a happy and safe New Year.
Councilmembe.r Kra.mer thanked everYone for the wonderful gifts and cards.
She wished Karen Jones a speedy recovery.
I~1. Nlayor's Comments
Mayor Umstattd thanked Senator Hims, Delegate May, Delegate Caputo and
Delegate Poisson for attending the Legislative Dinner.
She thanked Councilmember Burk for attending the Greenberry's Tea and
Coffee ribbon cutting. She stated her appreciation to Barbara Beach for attending
the Freedom of Tnformation Act briefing in Purcellville.
The Mayor reminded citizens of the Christmas lights tour tomorrow night.
She reported attending a meeting with Mike Firetti and staff on December 6.
The Mayor wished everyone a Merry Christmas and Happy New Year.
N. t4anager's Report
Joe Price reported his staff has followed up on enforcement of thru trucks in
the downtown and all were in compliance with the law by making a delivery at a
location.
John Wells reminded Council that the Horsing Around Event will be taking
place with the next few weeks and horses will be appearing in various locations, one
being on the Town Green on Loudoun Street.
He commended Nicole Ard for her work on the Legislative Dinner stating the
event had some very productive dialog.
He thanked Council for their acknowledgement of staff and wished everyone
Happy Holidays.
O. Adjournment
On a motion by Councilmember Burk, seconded by Councilmember Kramer,
the meeting adjourned at 9:34 p.m.
Kn~n C. Ur~tattd, M'~or J
Town of Leesburg
A-I-FEST:
of Council
2005_tcmin1213