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HomeMy Public PortalAbout2006_03_14 COUNCIL MEETING March 14, 2006 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Melinda Kramer, Marty Martinez, Bob Zoldos and Mayor Kristen Umstattd. Councilmembers Absent: None Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Director of Engineering and Public Works Tom Mason, Director of Parks and Recreation Kaj Dentler, Director of Planning, Zoning and Development Susan Swift, Director of Capital Projects Management Nagi Elsewaissi, Acting Human Resources Director Nancy Fixx, Airport Director Tim Deike, Finance Director Norm Butts, Chief of Police Joe Price, Management/Budget Officer Mike Freda, Budget Analyst Annie Carlson, Deputy Town Attorney Heather Biddulph, IT Project Manager John Callahan, Tourism Coordinator Marantha Edwards, Recreation Programs Manager Kate Trask, Recreation Outreach Supervisor Jenny Sexton, Management Specialist Tami Watkins and Deputy Clerk of Council Debi Parry. AGENDA ITEMS A. Invocation by Councilmember Burk B. Salute to the Flag was led by Mayor Umstattd C. Roll Call Vice Mayor Martinez arrived at 7:33 pm. D. Minutes a. January 9, 2006 work session On a motion by Councilmember Burk, seconded by Councilmember Horne, the minutes of January 9, 2006 were approved with minor edits by a 6-0-1 vote; Vice Mayor Martinez absent. b. February 14, 2006 regular session On a motion by Councilmember Kramer, seconded by Councilmember Horne, the minutes of the February 14, 2006 regular session were approved by a 6-0-1 vote; Councilmember Zoldos abstaining. E. Presentations a. Resolution of Appreciation - The Honorable William C. Mims On a motion by Councilmember Burk, seconded by Council member Kramer, the following Resolution of Appreciation was approved by a 7-0 vote and presented to Senator Mims. Resolution of Appreciation The Honorable William C. Mims WHEREAS, Senator William C. Mims served the residents of District 33 encompassing Fairfax and Loudoun Counties for 14 years; and Town Council Meeting of March 14. 2006 Page 2 WHEREAS, Senator Mims was elected to the Virginia House of Delegates in 1991 where he was key in the passing of several key pieces of legislation including laws to stiffen penalties for drunk drivers, juvenile justice system reform, victim rights, and the establishment of the Virginia Prepaid Education Program; and WHEREAS, Senator Mims was elected to the State Senate in 1998 where he sponsored more bills than any other senator over the past eight years and championed such causes as providing state funding for school construction, mental health and suicide prevention, reforming teen driving laws; and WHEREAS, Senator Mims served on many Senate Committees including Courts of Justice, Local Government, Education and Health, Rules and Transportation; and WHEREAS, Senator Mims was an ardent proponent of solving Virginia's transportation issues and a thoughtful, dedicated advocate for the Town of Leesburg; and WHEREAS, Senator Mims was also a Downtown business owner with the law firm of Mims, Atwill, and Leigh on North King Street; and WHEREAS, Senator Mims left his seat in the General Assembly to take the position of Chief Deputy Attorney General where he will continue his long legacy of public service. THEREFORE, RESOLVED that the Mayor and Council of the Town of Leesburg in Virginia hereby recognize and commend Senator William C. Mims for his service to the Town of Leesburg and the State of Virginia. PASSED this 14th day of March 2006 b. Certificate of Appreciation - Tom Rose On a motion by Vice Mayor Martinez, seconded by Councilmember Hammier, the Certificate of Appreciation was approved by a 7-0 vote and presented to Mr. Rose for his donation of $2,025 to provide sweatshirts for the children enrolled in the R.O.C.K. program. Additionally, Kate Trask and Jenny Sexton presented Mr. Rose with a R.O.C.K. sweatshirt in appreciation of his donation to the program. c. Proclamation - Brain Injury Awareness Month On a motion by Councilmember Horne, seconded by Councilmember Kramer, the Proclamation was approved by a 7-0 vote and presented to Ms. Debra Howe. PROCLAMATION BRAIN INJURY AWARENESS MONTH MARCH 2006 WHEREAS, traumatic brain injury is the leading cause of death and disability among children and young adults in the United States; and Town Council Meeting of March 14. 2006 Page 3 WHEREAS, an estimated 5.3 million Americans currently live with disabilities resulting from traumatic brain injury (TBI) and every year, 80,000 individuals experience the onset of long-term disability following a brain injury; and WHEREAS, the effects of brain injury are devastating emotionally and financially to families and the cost of brain injury in the United States is estimated to be $48.3 billion annually; and WHEREAS, the lack of public awareness is so vast that traumatic brain injury is know in the disability community as the nation's "silent epidemic"; and WHEREAS, public awareness of the extent, consequence, and cause of brain injury is critical to the prevention of these injuries and will enhance the recover process for persons with brain injury; and WHEREAS, the designation of Brain Injury Awareness Month will work toward enhancing public awareness of traumatic brain injury. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim the month of March of the Year 2006 as Brain Injury Awareness Month in the Town of Leesburg and urge the citizens of Leesburg to join in observing the month by participating in various local activities. PROCLAIMED this 14th day of March 2006. d. Leesburg - Loudoun Jamestown 2007 Committee Update Marybeth Mohr, Leesburg - Loudoun - Jamestown 2007 Committee, stated we will be celebrating the 400th Anniversary of Jamestown, the 250th Anniversary of Loudoun County, the 250th Anniversary of the Town of Leesburg and the 100th Anniversary of the Town of Purcellville all in the same period of time. She provided an overview of the Committee's work to raise public awareness of the celebration, develop partnerships with civic groups, schools and businesses and develop programs. Ms. Mohr outlined the committee's organization and working committees including Tourism/Promotion, Education, Organization and The Legacy Project. She stated community volunteers are needed for each of these groups. Further, she unveiled the proposed logo for the Leesburg and Loudoun anniversary celebrations. Mayor Umstattd thanked Ms. Mohr for her efforts. Councilmember Zoldos asked how this ties in with Court and Market Days. Ms. Mohr stated she has met with staff and would like work with them to create a program and include education about the anniversary celebration. Council member Zoldos verified the Committee is not seeking funding from the Town. He asked if the other Town's are participating. Town Council Meeting of March 14. 2006 Page 4 Ms. Mohr stated she has presented this information to all the Towns and they were very supportive. Further, she stated the Town of Purcellville has formed their own Centennial Committee. Councilmember Hammier stated she would like to see the final list of volunteers. Councilmember Zoldos stated this was discussed in the work session and Council agreed to limit the committee to 15 individuals. e. Standing Residential Traffic Committee Liz Whiting, Standing Residential Traffic Committee Chair, stated several citizens reported a speeding problem on Potomac Station Drive in front of Tolbert Elementary and Harper Park Middle Schools. She stated staff has confirmed that a severe speeding problem exists and the Committee recommends that a pedestrian activated crossing signal be installed by Loudoun County Public Schools. Further, she asked that Council endorse this recommendation and direct staff to contact the school system. Ms. Whiting stated she previously asked that the Committee's funds be reprogrammed to allow for a landscaped island on South King Street, just north of Fairfax Street. She provided drawings of the proposed island stating it would narrow entry into this portion of King Street to one lane which would promote safety in this area. Further, she stated the homeowner at this location has offered to provide assistance in the landscaping. Ms. Whiting addressed the issue of excessive signage along Route 15 as drivers approach the Town. She stated the signs are confusing and if followed would direct traffic to Business 15 to reach the Outlet Mall rather than the Route 15 Bypass. Further, she stated staff will be meeting with VDOT regarding the reduction of signs and better communication. Council member Horne stated as liaison to the Standing Residential Traffic Committee she appreciates the work they do and will support these initiatives. Councilmember Zoldos asked if staff or VDOT have any issues with the proposed island on King Street. Ms. Whiting stated staff is looking at the issue and VDOT has not seen the proposal yet. Mr. Elsewaissi stated staff has done the preliminary design and are in the process of doing the weaving analysis to ensure there is enough transition for cars to be alerted to the reduction in lanes. Councilmember Hammier thanked the Committee for their efforts. She suggested contacting Cate Magennis Wyatt regarding her efforts in working with VDOT on the signage issues along Route 15. Further, she discussed the efforts to reduce traffic at the entrance to Frances Hazel Reid Elementary and Smarts Mill Middle Schools and suggested that Ms. Whiting look at the signs installed there in the efforts to reduce traffic on Potomac Station Drive. Town Council Meeting of March 14. 2006 Paqe 5 Mayor Umstattd thanked Ms. Whiting and Councilmember Horne for their efforts. She stated several residents on Lawson Road have suggested that one or two speed cushions be added near the Spring House. Ms. Whiting stated she will add this issue to the next agenda. f. FY 2007 Budget Mr. Wells and Ms. Nancy Fixx introduced Tim Deike as the new Airport Director stating he has come to us from Hickory, North Carolina and will be a great addition to the airport and the community. Mr. Wells outlined the proposed budget for FY 2007 totaling $116,318,767 with an 18.5 percent tax rate. He stated the proposed budget includes 86 capital improvement projects totaling $130,700 million and complies with all the fiscal policy debt ratios which Council has established. Further, he stated the proposed budget maintains current service levels, and proposes an increase of 3.5 positions to the general government and a reduction of 1.6 full time positions in the Utility Fund. Mr. Wells outlined the economic and demographic outlook of the Town and recommended that Council set aside $700,000 for a revenue stabilization reserve to guard against any decrease in assessment rates. He outlined some of Council's accomplishments over the past year including approval the Town Plan and many development projects, creation of the R.O.C.K program and an upgrade of the Town's credit rating. Further, he outlined the proposed workforce initiatives and program change proposals. Mr. Wells thanked Norm Butts, Mike Freda, Annie Carlson, AI Long and other Finance Department staff members for their efforts in preparing this proposed budget. Mike Freda provided a brief overview of the budget document. Councilmember Kramer stated she was impressed with the thoroughness of the presentation. Vice Mayor Martinez stated this is the first time he's looked at a budget document and felt good about where we are going. He stated Loudoun County is receiving an unprecedented amount of assessment appeals and verified if the $700,000 revenue stabilization fund will assist in that. Vice Mayor Martinez stated this budget does not propose many new expenditures so any cuts could affect the way the Town is operating today. Mr. Wells stated this budget reflects the way we do business and the services we provide today. He stated in recognizing taxpayer affordability each department has tried to hold expenditures down. Vice Mayor Martinez addressed non-departmental funding stating we should not reduce the public safety funding; however, other groups should be closely scrutinized in relation to how long they have been receiving Town funding and what they are asking for compared to their budget. Further, he Town Council Meeting of March 14. 2006 Page 6 stated his goal is to support the non-departmental groups that are trying to provide services that are lacking in the community. Councilmember Burk stated she would like to see information regarding the impact of reducing the real estate tax rate to 18 cents. She verified the program change proposals only affect four of the Town's departments. Further, she stated it would be helpful to receive presentations from each of those departments; however, it might not be necessary to hear from other departments since they will remain the same. Councilmember Horne thanked Mr. Wells and staff for their dedication to the community and stated she would like to hear from each of the departments. She stated her belief that there is room in the budget to offer significant relief to the taxpayers. Further, she commended the non- departmental organizations for the wonderful work they do in our community; however, she does have concerns with continual taxpayer funding for some of them, but will not compromise on funding fire and rescue organizations. Councilmember Zoldos thanked staff for their preparation of the budget. He commented on his support of the flex spending accounts and pay scale adjustment for employees. Further, he stated he would like all of the organizations requesting funding to provide the information regarding how much of their budget is provided by fund raising activities. Councilmember Zoldos stated the 18.5 cent real estate tax rate is reasonable and he supports the revenue stabilization fund. Council member Hammier thanked Mr. Wells for the leadership and expertise he brings to the budget. She encouraged the public to take a hard look at the budget and to provide their comment at the public hearing on April 4th. Further, she stated we need to look at the nice-to-have items versus the must-have-items. Councilmember Hammier asked staff what the equalized tax rate would be and how much would the budget need to be reduced to reach that rate. Mr. Wells stated the equalized tax rate is 17 cents. He stated each penny reduction in that rate equates to $680,000 and staff would have to cut over $1 million from the budget to equalize the tax rate. Councilmember Hammier stated last year Council did not reach an equalized tax rate and verified the average homeowner saw approximately a 20 percent increase in their tax bill. Further, she asked why the tax bills are still increasing by 10 percent when this proposed budget is $77,000 less than last year's. Mr. Wells stated several adjustments have been made to the budget over the past year. He stated rather than comparing the current budget to the proposed budget you need to compare how we are doing services today to how we will do those services tomorrow. Town Council Meeting of March 14. 2006 Page 7 Councilmember Hammier stated she appreciated the information on the airport's financial status and the plan to make it profitable. Further, she expressed support of efforts to streamline the land development process. Mayor Umstattd expressed her appreciation to the Town Manager for his efforts to decrease the tax rate over the last two years. She stated she will be interested in working with staff to bring the tax rate down to 18 cents. Further, she expressed her appreciation for the strong fiscal policies that have been introduced and implemented in the Town. Mayor Umstattd asked citizens to contact Council regarding their opinions on the budget and tax rate. F. Petitioners The petitioner's section opened at 9:17 p.m. Robert Tatum. 25 Phillips Drive, addressed some drainage issues he and his wife are experiencing due to water run off from the Rosebrook development. He stated he has met with Centex Homes and staff and was told that once the final grading is completed the flooding will cease. Further, he asked that Council hold the developer responsible for the flooding. Mayor Umstattd stated we faced this problem with another Centex Homes development behind Wildman Street and she is concerned that we haven't solved this problem with new development. She stated Tom Mason was looking into this issue two years ago and asked what happened to that investigation. Further, she stated this can't continue and we need to look at what changes can be made to the regulations to avoid this. Mr. Wells stated he would like to discuss this issue at the next work session. He stated two springs were discovered that have had an impact on Mr. Tatum's property. Mayor Umstattd stated she appreciates Mr. Well's efforts to visit the site twice in the past. Further, she thanked Mr. and Mrs. Tatum for voicing their concerns and apologized for their inconvenience in this matter. Councilmember Zoldos stated in the event that Centex still has a bond it should not be released until the problem is resolved. Councilmember Kramer stated it is imperative for us to have policies in place to address these issues. She stated this should not be an on going problem. Vice Mayor Martinez concurred with Councilmember Zoldos' comments. He stated Centex should be held responsible for this situation. David C. Miles, 206 Wirt Street, addressed the efforts to underground utilities in the Historic District. He stated when he built a new structure on his properties at 205 North King Street and 206 Wirt Street in 2000 he was required to have the hook ups placed underground at a significant cost. Further, he urged Council to consider the unintended consequences of their actions on this issue and to make provisions in the resolution to protect the homeowners. Town Council Meeting of March 14. 2006 Page 8 Mayor Umstattd suggested the resolution be removed from the Consent Agenda for discussion. Ed Fleming, 224 North King Street, stated the resolution to underground utilities in the Historic District does not address all the issues involved. Bob Sevila, 414 Mosby Drive, stated the owner of B&M motorcars is currently operating on a month to month lease and is concerned they will have to go out of business before the building is approved for their new location on Edwards Ferry Road. He suggested the possibility of developing an ordinance to allow a temporary use permit for existing businesses. Further, he stated he would like to discuss this issue with the Town Attorney as the ordinance will need to be carefully written. Mayor Umstattd asked that the issue be discussed at the next work session. Ken Reid, 607 Talmadge Court, stated he is Co-Chairman of the Coalition to Complete Battlefield Parkway. He announced the Virginia Department of Transportation (VDOT) will hold a public hearing on March 28 at Town Hall from 5:00 to 7:00 pm to discuss the portion of Battlefield Parkway between Route 7 and Kincaid Boulevard. He stated Battlefield Parkway is critical to relieving traffic on the Route 7 and 15 Bypass and expressed concerns with VDOT's current schedule. Dave Butler, 211 Jennings Court, concurred with Mr. Reid's comments regarding Battlefield Parkway. He stated he has not seen the full budget; however, taxes seem to be going up for nothing new. Further, he stated a summery sheet should be prepared detailing the need for the increases and a separate sheet from each department detailing their efficiencies over the last year and how that impacts the budget. Mr. Butler asked why the new positions are needed and what they would improve. He stated the utility rates have gone up; however, the spending in the department is decreasing by $4.5 million less. Further, he stated his hope that the $244,000 decrease in the airport budget will not compromise safety. Greg Dale, 712 Princeton Court, addressed the bonding issues in the Edwards Landing Development. He stated at the last meeting he attended Council said there would be no more extensions made for the developer. Further, he asked if a letter had be sent to the development company. Mr. Wells stated deadlines and communication were established with Lennar and the initial set of deadlines established before January were met. Mr. Dale stated there had also been discussion regarding Dominion Power and the streetlights along Battlefield Parkway; however, only one-fourth of them are working. He stated the Town and the developer are on the same side because the Town does not want to call the bonds and have staff finish the work. Further, he stated there should be some way to enforce penalties to the developer without pulling the bond. Mayor Umstattd stated Pam Gottfried with Dominion Virginia Power is here tonight. She stated the Town is trying to establish if Lennar dumped too much soil on the lines thereby not allowing Dominion to operate the lights. Town Council Meeting of March 14. 2006 Paqe 9 Ms. Gottfried, Dominion Virginia Power, stated there are 16 lights along Battlefield Parkway that are still not energized; 12 on the north side and four on the south side. She stated on the north side of Battlefield Parkway Dominion Virginia Power is concerned that the grade is not correct and the cable is too deep. Further, she stated once the issues are resolved the lights should be on within two weeks Ms. Gottfried stated on the south side Dominion Virginia Power is boring under Battlefield Parkway to install conduit; however, there is concern that a road cut may be necessary. Further, she stated if a road cut is needed Dominion Virginia Power would need to get a permit from the Town and then it would take approximately one week to complete the work. Councilmember Zoldos stated the responsibility is with Dominion Virginia Power and Lennar Construction to get these issues resolved. He stated it is not the Town's responsibility to intervene; however, he would be willing to meet with both groups to resolve the issues and get the work completed for the citizens who have been waiting three or four years. Tom Mason stated staff sent a letter to Dominion Virginia Power in July 2004 to request an estimate for the street light installation in Section 2B; however, that estimate was not received until November 2005. Ms. Gottfried stated in speaking with one of her designers she was told that Section 2B is energized. Councilmember Kramer suggested having an HOA appointee meet with Lennar and Dominion Virginia Power to receive weekly updates on the progress of the work. Mayor Umstattd verified the streetlights are included in the outstanding bonds and asked the deadline for completion of that work. Mr. Mason stated the collective completion date for all the bond work is May 19. Mayor Umstattd stated if the work is not completed by May 19 the Town can pull the bond. There was further Council discussion regarding the bond deadlines. Mr. Dale stated the residents want to ensure there are no more extensions and the bonds will be called if the work is not completed by the established deadlines. Further, he commented on Gatehouse's rusted trailer that sits on Battlefield Parkway because they do not have a place to house their equipment. Dennis Nolan, 1207 Tennessee Drive, expressed his frustration with the situation stating the only time the residents can get leverage is when they come to Council for help. He stated he would like this to be a standing item on Council's agenda and would like inspections by staff increased. Further, he stated the Town's Urban Forester should be involved in looking at the landscaping. He requested a matrix of who is responsible for what work within the community. Town Council Meeting of March 14. 2006 Paqe 10 Tom Dean, Lennar Construction, stated the money has already been paid to Dominion Virginia Power for installation of the streetlights. Mayor Umstattd stated the sentiment of the Council is that we will pull the bonds as soon as we can if the work has not been completed. The petitioners section closed at 10: 11 p.m. G. Public Hearing None Legislation H. I I ORDINANCE CONSENT AGENDA On a motion by Councilmember Zoldos, seconded by Council member Horne, the followi ng consent agenda was proposed: 2006-41 RESOLUTION Authorizing an agreement, approving a performance guarantee, and water and sewer extension permits for Banyan Cove. 2006-42 RESOLUTION Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Oaklawn at Stratford, Phase 1. 2006-43 RESOLUTION Authorizing a time extension for completion of public improvements and approving a performance guarantee for Lansdowne on the Potomac, Section 44. 2006-44 RESOLUTION Accepting public improvements, releasing the performance guarantees and approving maintenance guarantees for public improvements at Northlake, Sections 1 and 2; and North Lake. 2006-45 RESOLUTION Accepting the public improvements, releasing the performance guarantee and approving a maintenance guarantee for public improvements at the Potomac Crossing Traffic Signal at Battlefield Parkway & Shanks Evans Road. 2006-46 RESOLUTION Authorizing time extensions for completion of public improvements and approving performance guarantees for Stowers public improvements plan for Rt. 621 (Evergreen Mill Road), Wallace Drive extended, and Stowers Lane; Stowers Section 1; Stowers Phase 1, Section 2; Phase 2, Section 3; and the recreation center. Town Council Meeting of March 14. 2006 Page 11 2006-47 RESOLUTION Requesting the Virginia Department of Transportation to accept certain streets. 2006-48 RESOLUTION Donation of surplus police vehicles to the Citizens Support Team. 2006-49 RESOLUTION Approving a supplemental appropriation of insurance fund reimbursements from damaged vehicles to pay for replacement and repair of vehicles. 2006-50 RESOLUTION Awarding a construction contract to Fru-Con construction Corporation of Woodbridge, VA in the amount of $16,047,000 for the upgrade and expansion of the Kenneth B. Rollins Water Filtration Plant. The consent motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 REGULAR AGENDA On a motion by Vice Mayor Martinez, seconded by Councilmember Zoldos, the following motion was tabled: RESOLUTION Rescinding Resolution 2001-34 and establishing an underground utility distribution area and underground utility distribution corridors. Council member Horne suggested that a meeting be scheduled with staff and members of the Historic District Association to address some of these concerns. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 Councilmember Horne expressed concern that the motion to table did not specify a date certain to revisit the issue. A motion was made by Councilmember Horne, seconded by Councilmember Kramer, to reconsider the motion to table. The motion to reconsider failed by the following vote: Aye: Horne and Kramer Nay: Burk, Hammier, Martinez, Zoldos and Mayor Umstattd Vote: 2-5 Town Council Meetinq of March 14. 2006 Page 12 H. Boards and Commissions a. Airport Commission Vice Mayor Martinez welcomed Tim Deike and reported the Commission would be meeting on Thursday. b. Thomas Balch Library Commission Councilmember Burk stated at their last meeting the Commission endorsed the Town's support of the Journey Through Hallowed Ground. c. Board of Architectural Review No Comment. d. Cable Television Advisory Commission Councilmember Hammier asked if there has been any update on the cable issues in Evergreen Meadows. Vice Mayor Martinez stated he believes the issue has been resolved. Tami Watkins stated the issue is being resolved and Adelphia will complete their work in the neighborhood by next Thursday. e. Economic Development Commission Councilmember Horne reported the Commission is meeting on Thursday with the Planning Commission and the Board of Architectural Review to review the feedback and comments on the Crescent District meeting held a month ago. f. Environmental Advisory Commission Councilmember Burk stated the Commission will be discussing how they can support Keep Leesburg Beautiful Day on April 15. g. Information Technology Commission No comment. h. Parks and Recreation Commission Councilmember Hammier reported a meeting will be held in the lower level of Ida Lee tomorrow at 7:00 pm to discuss the Master Plan for Ida Lee. She stated the dog park meeting was successful and the subcommittee that was formed to examine that issue will convene at 6:00 pm tomorrow. i. Planning Commission Mayor Umstattd reported the Commission will be meeting in joint session with the Economic Development Commission and the Board of Architectural Review regarding the Crescent District in the lower level of Town Hall at 7:00 pm j. Tree Commission No comment. k. Standing Residential Traffic Committee No comment Town Council Meetinq of March 14. 2006 Page 13 I. Old Business a. Status Report on Edwards Landing See discussion under the Petitioners portion of the meeting. J. New Business On a motion by Councilmember Burk, seconded by Vice Mayor Martinez, the following motion was proposed: 2006-51 RESOLUTION Establishing Leesburg's 250th Anniversary Celebration Task Force The motion was approved by the following vote: Aye: Burk, Hammier, Horne, 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: 2006-52 RESOLUTION Authorizing a supplemental agreement to the July 1992 implementation agreement between the Toll Road Investors Partnership II, L.P. (TRIP II) and the Town for the Dulles Greenway Expansion and a reimbursement agreement for the cost of a traffic signal at Evergreen Mill Road and Battlefield Parkway. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Vice Mayor Martinez, seconded by Councilmember Hammier, the following motion was proposed: 2006-53 RESOLUTION Supporting Dominion Virginia's Revised Alternative Route as amended in the March 2006 rebuttal testimony; recommending underground construction for any electrical transmission line in close proximity to the Town's municipal limits and opposing any construction that involves part of the W&OD Regional Park Trail. - Mayor Umstattd thanked Pam Gottfried and Dominion Virginia Power for pulling the proposed route further away from Woodlea Manor. She stated her hope that this would be seen by the residents of Woodlea Manor as a responsive reaction to their concerns. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 Town Council Meeting of March 14. 2006 Page 14 L. Council Comments Councilmember Hammier thanked Ernie Lightfoot for his generous donation to the R.O.C.K. program. She reported meeting with representatives from Oaklawn on March 2. She reported attending the National League of Cities Conference and provided Council information from a training session on parliamentary procedures. Further, she reported a meeting with Congressman Frank Wolf at 10:30 am tomorrow to present him with the Town's legislative packet. She thanked Nicole Ard for her efforts to schedule this meeting. Councilmember Hammier reported attending a reception sponsored by Journey Through Hallowed Ground featuring the photography of Ken Garrett. Councilmember Hammier reported attending the workshop presented by Congressman Frank Wolf regarding the availability of Federal Grants. She thanked David Miles for his call regarding the availability of advance information of Council agenda items on the web. She requested the Council agenda packet be provided in .pdf form on the Town's website. Councilmember Hammier congratulated the Lady Raiders Basketball Team stating she looks forward to seeing them at the next Council meeting. She stated she will serve as a judge at the Science Fair on Thursday at Heritage High School. She stated the exhibits will open to the public at 6:00 pm on Thursday evening. Further, she wished everyone a happy St. Patrick's Day. Councilmember Zoldos welcomed Airport Director Tim Deike to the Town and wished all citizens a happy St. Patrick's Day. Councilmember Horne reported attending the grant conference and commended Congressman Frank Wolf and his staff for his outreach to non-profit organizations. She stated she was impressed with the grants.gov website. Further, she stated she spoke with Congressman Wolf who said he believes he can find further financial assistance for Battlefield Parkway. She reported attending the League of Women Voter's annual tea which featured two wonderful speakers on the woman's health initiative in Virginia. She stated citizens interested in more information should refer to www.womanshealthvirginia.org. Further, she reported attending the reception for our new Airport Director Tim Deike and welcomed Deputy Town Attorney Heather Biddulph. She reported attending the dog park meeting at Ida Lee stating she was overwhelmed by the amount of enthusiastic support for this project. Town Council Meetinq of March 14. 2006 Page 15 Councilmember Horne advised the public of the Keep Leesburg Beautiful kick- off program on April 15 at 9:00 am on the Town Green. She stated Nicole Ard is doing a wonderful job in organizing the program. She stated the General Assembly will be reconvening on March 27 which connotes some significance for our area. She stated they have not approved an operating budget and there is still an opportunity for us to make an impact on what decisions are made regarding the transportation funding for this region. Further, she encouraged citizens to reach out to our Northern Virginia delegation and express their support for some solutions. Councilmember Burk welcomed Tim Deike and Heather Biddulph. She thanked the Edwards Landing citizens for speaking stating their patience and fortitude in this situation has been admirable. Further, she wished all citizens a happy St. Patrick's Day. Vice Mayor Martinez congratulated Senator Bill Mims on his appointment as Virginia Chief Deputy Attorney General and Mark Herring for his election to the State Senate. He thanked Tom Rose for his generous donation to the R.O.C.K. program. He stated this program has been a great addition to our community. Vice Mayor Martinez congratulated the Lady Raiders Basketball Team and stated he looks forward to recognizing them at the next Council meeting. He thanked Mr. Wells, Mr. Freda and staff for their work on the proposed FY 2007 budget. He stated he is excited about the financial outlook of the Town. Vice Mayor Martinez welcomed Tim Deike and Heather Biddulph to the Town. He thanked the citizens of Edwards Landing for speaking to Council. He stated it is the developer's responsibility to work with Dominion Virginia Power. Further, he thanked Ms. Howe for her comments regarding his coaching her son's baseball team. He stated when you hear comments like that you know you are doing something right. Councilmember Kramer mentioned March is National Women's History Month. Nicole Ard stated she was contacted by Cool Spring Elementary School who requested pictures of the women on the Leesburg Town Council to display in their building. M. Mayor's Comments Mayor Umstattd thanked the first and third grade classes at Cool Spring Elementary School for allowing her to read to them last week. She stated at the reception for Tim Deike she was approached by David Pierce and his wife who praised our Police Department. She stated three of our Town Council Meeting of March 14. 2006 Page 16 officers stopped to offer assistance when the Pierces broke down on the Route 7 / Route 15 Bypass. N. Manager's Report John Wells stated the next budget work session is scheduled for March 31 to discuss the capital improvements program. He stated the budget public hearing is scheduled for April 4 and proposed combining that with the non-departmental presentations. Further, he stated the other work sessions would be scheduled for April 6, April 17 and April 19. There was further Council discussion regarding this proposed schedule and non-departmental funding. It was the consensus of Council to have the non-departmental presentations the same evening as the public hearing. O. Closed Session On a motion by Councilmember Burk, seconded by Vice Mayor Martinez, the following motion was proposed: Pursuant to Section 2.2-3711(A)(3) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting for discussion of the use of public property at the Leesburg Executive Airport and to discuss the acquisition of property on Wirt Street. Mayor Umstattd stated she will have to recluse herself from discussion of the Wirt Street property as her law office is located in that building. The motion was approved by two separate votes. The motion regarding the closed session to discuss the use of public property at the Leesburg Executive Airport was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 The motion regarding the acquisition of property on Wirt Street was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez, and Zoldos Nay: None Vote: 6-0-1 (Umstattd abstained) Council convened in closed session at 10:56 pm. Council reconvened in open session at 11 :25 pm. On a motion by Vice Mayor Martinez, seconded by Councilmember Burk, the following motion was proposed to certify the closed session regarding the use of public property at the Leesburg Executive Airport: In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only legal matters lawfully exempted from open meeting requirements under the Town Council Meetinq of March 14. 2006 Paqe 17 Virginia Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Vice Mayor Martinez, seconded by Councilmember Burk, the following motion was proposed to certify the closed session regarding the acquisition of property on Wirt Street: The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez and Zoldos Nay: None Vote: 6-0-1 (Umstattd absent) P. Adjournment The meeting was adjourned at 11:25 p.m. Kns n C. Umstattd, Mayor Town of Leesburg ::Ji~fJ~ Clerk of Council 2006_tcmin0314