HomeMy Public PortalAbout2006_04_11
COUNCIL MEETING
April 11, 2005
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, and Mayor Kristen Umstattd.
Councilmembers Absent: Councilmember Zoldos absent and Vice Mayor Martinez
arriving at 7:41 p.m.
Staff Present: Town Manager John Wells, Assistant to the Town Manager Nicole
Ard, Director of Engineering and Public Works Tom Mason, Chief of Police Joe Price,
Management/Budget Officer Mike Freda, Deputy Director of Capital Projects
Management Renee Follette, Assistant Director for Parks Bill Ference, Management
Specialist Tami Watkins and Clerk of Council Judy Ahalt.
AGENDA
ITEMS
A. Invocation by Council member Horne
B. Salute to the Flag was led by Councilmember Burk
C. Roll Call showing Councilmember Zoldos absent.
D. Minutes
a. February 13, 2006 work session
On a motion by Councilmember Burk, seconded by Councilmember
Horne, the minutes of the February 13 work session were approved by a
5-2 vote, Zoldos absent and Martinez arriving late.
b. February 27, 2006 work session
On a motion by Council member Horne, seconded by Council member
Burk, the minutes of the February 27 work session were approved by a 5-
2 vote, Zoldos absent and Martinez arriving late.
c. March 13, 2006 work session
On a motion by Councilmember Horne, seconded by Councilmember
Kramer, the minutes of the March 13 work session were approved by a 5-
2 vote, Zoldos absent and Martinez arriving late.
E. Presentations
a. Certificate of Recognition - Tiger Claw Tae Kwon Do
On a motion by Councilmember Burk, seconded by Council member
Horne, a Certificate of Recognition was presented to Master Jay and
Jennifer from the Tiger Claw Tae Kwon Do. This recognition was for their
efforts in organizing over a dozen Leesburg businesses and community
members to raise $12,000 for St. Jude's Children's Research Hospital.
Also in attendance was White Belt Kendrick Umstattd.
Town Council meeting of April 11. 2006
Page 2
b. Proclamation - Arbor Day - April 22, 2006
On a motion by Councilmember Horne, seconded by Councilmember
Kramer, the following proclamation was presented to Earl Hower,
Chairman of the Tree Commission:
PROCLAMA TION
ARBOR DA Y
APRIL 22, 2006
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska
Board of Agriculture that a special day be set aside for the planting of
trees; and
WHEREAS, this special day, called Arbor Day, was first observed with
the planting of more than a million trees in Nebraska; and
WHEREAS, trees reduce the erosion of topsoil, moderate
temperature, reduce heating and cooling costs, clean the air, produce
oxygen and provide a habitat for wildlife; and
WHEREAS, trees in our Town increase property values, enhance the
economic vitality of business areas, and beautify our community; and
WHEREAS, the Town of Leesburg has been recognized as a Tree City
USA by the National Arbor Day Foundation for seventeen consecutive
years and desires to continue its tree planting ways.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby proclaim April 22, 2006 as the official Arbor Day of the
Town of Leesburg.
PASSED this 11th day of April 2006.
F. Petitioners:
Dennis Nolan, 1207 Tennessee Drive, addressed Council. Mr. Nolan stated
Sections 2A, 2B, 3, Woods Edge Drive, and the Recreation Center are coming along
fine. Section 4 lights are on order and Mr. Bradley with Virginia Power did get an
estimate to Lennar.
Additionally, Battlefield Parkway, Section 1 needs most of the Sanitary Sewer
lines at the townhouse section replaced which will require tearing up driveways.
The trailer issue on Battlefield Parkway is yet to be resolved. He stated that it
may end up in the loss of cable service to Edwards Landing residents from
Gatehouse.
Mr. Nolan asked staff to keep him advised on what is going on between
tonight and the next Council meeting.
Bob Sevila, on behalf of Renee Dennis, stated his client owns property Fort
Evans Road. Mr. Sevila stated in 2003 as a result of some clearing and grading by
Town Council meeting of April 11. 2006
Page 3
Lennar (U.S. Homes) there was a fire that destroyed a lot of trees and woodlands
owned by the Dennis family as well as in the Edwards Landing development.
He stated a $100,000 bond was posted with the Town of Leesburg for
replanting of these trees. He added the work still remains to be done and asked
that this item be placed on the April 25th agenda for a report.
Renee Dennis thanked Council for listening to his concerns.
John Sabourin, attorney for U.S. Homes, reported there is a letter of
understanding dated April 15, 2004 in which Lennar agreed to replace certain trees
on the Dennis property and trees on nine lots in Edwards Landing. He stated those
trees were replaced and inspected by the Planning Department. Unfortunately some
of the trees on the Dennis property died, which was no fault on the part of Lennar.
He stated taking this bond of $100,000 is inconsistent with the letter of
understanding with the Zoning Administrator and unfair and the situation should be
resolved with the Zoning Administrator.
The petitioner's section closed at 7:53 p.m.
G. Public Hearing
a. Boundary Line Adjustment Agreement with Loudoun County
regarding Festival Lakes
The public hearing opened at 7:54 p.m.
There was no staff presentation.
Vice Mayor Martinez stated he is grateful that the Central Loudoun Little
League ball field will now be part of the Town.
Council member Horne thanked the Central Loudoun Little League for their
letter of support.
The public hearing closed at 7: 57 p.m.
On a motion by Vice Mayor Martinez, seconded by Council member
Kramer, the following motion was proposed:
2006-61
RESOLUTION
Approving of a Boundary Line Adjustment Agreement between the County of
Loudoun, Virginia and the Town of Leesburg, Virginia
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer and Vice Mayor Martinez
Nay: Mayor Umstattd
Vote: 5-1-1 (Zoldos absent)
H. Legislation
I ORDINANCE
None
Town Council meeting of April 11. 2006
Page 4
CONSENT AGENDA
On a motion by Councilmember Horne, seconded by Councilmember Burk, the
following consent agenda was proposed:
2006-62
RESOLUTION
Accepting public improvements, releasing the performance guarantee and approving
a maintenance guarantee for public improvements at Northlake, Section 3.
2006-63
RESOLUTION
Accepting the public improvements, releasing the performance guarantee and
approving a maintenance guarantee for public improvements at Northlake, Section 7.
2006-64
RESOLUTION
Rescinding Resolution 2005-48 and authorizing an agreement and approving a
performance guarantee and a water and sewer extension permit for Catoctin Circle
Center from Arcadia Development Company.
2006-65
RESOLUTION
Supporting the efforts of Keep Loudoun Beautiful, encouraging community
participation in a Town-wide clean-up and beautifician program to Keep Leesburg
Beautiful throughout the year, and proclaiming April 15, 2006 as Keep Leesburg
Beautiful Day.
The consent motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez, and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
REGULAR AGENDA
On a motion by Vice Mayor Martinez, seconded by Councilmember Hammier,
the following motion was proposed:
2006-66
RESOLUTION
Amending the FY 2006-2010 Capital Improvement Program to add Ida Lee outdoor
pool, appropriating $100,000 for design and engineering services in FY 2006 and
awarding the design and engineering services contract for this project to Smolen,
EMR & Associates Architect for $310,500.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
On a motion by Vice Mayor Martinez, seconded by Councilmember Hammier,
the following motion was proposed:
2006-67
Town Council meeting of April 11. 2006
Page 5
RESOLUTION
Awarding a design and engineering services contract for an indoor tennis center to
Vollmer Associates, LLP for $172,000.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
On a motion by Vice Mayor Martinez, seconded by Council member Burk, the
following motion was proposed:
2006-68
RESOLUTION
Declaring that a public necessity exists and authorizing condemnation to acquire
rights-of-way, temporary and permanent easements on 28 Fort Evans Road.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
On a motion by Councilmember Burk, seconded by Councilmember Horne, the
following motion was proposed:
2006-69
RESOLUTION
Making an appointment to the Board of Architectural Review - Ned Kiley
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
I. Boards and Commissions
a. Airport Commission
No comment
b. Thomas Balch Library Commission
No comment
c. Board of Architectural Review
No comment
d. Cable Television Advisory Commission
No comment
e. Economic Development Commission
Councilmember Horne reminded the public the Business Appreciation
nominations are due shortly for the May 16 Business Appreciation Awards
Ceremony.
f. Environmental Advisory Commission
Town Council meeting of April 11. 2006
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No comment
g. Information Technology Commission
No comment
h. Parks and Recreation Commission
Councilmember Hammier reminded everyone the Annual Flower and
Garden Show will be held on April 22 and April 23.
i. Planning Commission
No comment
j. Tree Commission
No comment
k. Standing Residential Traffic Committee
No comment
J. Old Business
None
K. New Business
On a motion by Councilmember Burk, seconded by Vice Mayor Martinez, the
following motion was proposed:
2006-70
RESOLUTION
Consideration of establishing a Board of Architectural Review for those areas
surrounding the Old and Historic District.
Council member Burk clarified this resolution is only for consideration and
input of citizens, the Planning Commission and the Board of Architectural Review.
Council member Horne asked for clarification on the area surrounding the Old
and Historic District.
Barbara Beach stated the Crescent District was discussed last night. Further,
the language was left vague so others areas could be included if the Planning
Commission recommended.
Mayor Umstattd questioned whether we should be giving additional guidance
to the Planning Commission as residents living adjacent to the historic district would
be nervous. She asked whether we should be focusing on the Crescent District and
redevelopment.
Councilmember Burk stated this issue is being sent to the Planning
Commission and BAR for tightening and narrowing.
Ms. Beach suggested amending Section I of the resolution to add "focusing on
issues in areas such as the areas of infill, redevelopment and Village at Leesburg".
Vice Mayor Martinez and Councilmember Burk were agreeable with the
amended language of Section I.
Town Council meeting of Aoril 11, 2006
Page 7
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
On a motion by Councilmember Kramer, seconded by Councilmember Burk,
the following motion was proposed:
2006-71
RESOLUTION
Authorizing the Town Attorney to initiate an ordinance to establish a Public Art
Commission
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
L. Council Comments
Councilmember Hammier thanked officer Scott Ebersole for his service to the
Town of Leesburg and congratulated him on his retirement.
She thanked Tami Watkins for the great job in resolving the issue with
Richmond American and Adelphia.
She reminded everyone that Girl's Softball opens on April 22.
She thanked all those who have worked on preparations for Keep Leesburg
Beautiful event which will take place this Saturday, April 15.
Councilmember Hammier welcomed the Super Nova Soccer Store to
Leesburg.
She thanked staff for their hard work on the budget. She stated in addition
to John Well's $340,000 reduction she will provide a proposal at the next budget
work session to equalize the tax rate.
Council member Horne wished all Best Wishes for a Blessed Easter and
Passover.
She thanked Nicole Ard and other staff members for their efforts for the Keep
Leesburg Beautiful event on April 15. She reported that Flint Hollow will be playing
for the event.
She thanked staff for the wonderful job they have done at the budget work
sessions. However, she is disappointed that only three speakers were heard at the
public hearing on the budget.
Councilmember Horne recommended we find additional ways to communicate
with our citizens, such as a published Annual Report.
Town Council meeting of April 11. 2006
Page 8
She stated her concern that Loudoun County and the State did not support
the Town in their need for $3 million for Battlefield Parkway.
Councilmember Burk thanked her colleagues for their support of the Public
Arts Commission and Keep Leesburg Beautiful.
Vice Mavor Martinez stated he appreciates the support of Council for the Arts
Council and thanked all of those who have been involved in organizing the Keep
Leesburg Clean event.
Councilmember Kramer thanked GiGi Robinson for attending Council
meetings.
She stated her concern that citizens don't show up to hear the budget
deliberations.
She stated Council has consistently been fiscally responsible while lowering
the tax rate and the debt ratio. Further, she is proud the Town's bond rating has
increased.
Council member Kramer stated the budget proposal is fiscally sound and she
will be supporting the 18.5 cent tax rate.
M. Mayor's Comments
Mayor Umstattd reported meeting with Mark Silverwood and Mr. Bashman on
April 4.
She thanked Jennifer White and David Kirsten for hosting the candidates'
debate at the Exeter Community Center. She thanked George Barton for narrating
that event.
The Mayor recognized Joanne Saylor on Hancock Place for hosting a
retirement party for Mr. Gay, their mail carrier of 15 years. Further, she thanked the
Heritage Square citizens who have worked with Leesburg Police Department to
improve the living conditions in their community.
She reported attending the ribbon cutting for Super Nova Soccer Store.
She thanked Councilmembers Horne and Burk for their work to get sponsors
for Keep Leesburg Beautiful.
The Mayor reminded all of the Valor Awards Ceremony at the Dulles Marriott
on April 18. She added some Leesburg Police officers will be recognized at this
ceremony.
N. Manager's Report
John Wells reported the Loudoun County Board of Supervisors voted 7-0-2
(Tulloch and Snow absent) tonight in support of the Festival Lakes BLA.
He wished everyone a Happy Easter and Happy Passover.
Town Council meeting of April 11. 2006
Page 9
He reported the Leesburg Optimist Club and the Leesburg Police Support
Team will be providing free child identification kits at the Keep Leesburg Beautiful
Kickoff at 9:00 a.m. on April 15.
Mr. Wells reported that Chief Joe Price will be recognizing the Police Support
Team on their tenth anniversary. This event will be held in the Rose Garden on April
24 prior to the Council meeting.
He reported copies of budget reductions to reduce the tax rate to .18 cents
have been provided to Council. He gave a brief overview of those reductions.
He reminded Council the next budget mark up session will be on April 18 at 7:00
p.m.
Councilmember Horne proposed directing the Town Manager to reduce the
non-departmental budget, especially those who have budgets at or near the $1
million mark. She asked that public safety organizations be fully funded.
Councilmember Hammier asked for the fund raising numbers of the
organizations asking for Town funding.
John Wells stated we are awaiting additional information from the non-
departmental organizations.
Mayor Umstattd stated that many of Council member Hammier's suggestions
are worth consideration.
Additionally, she asked for more information on the adjustment to the pay
scale for employees.
She stated non-departmentals should be given a closer look for reductions,
although, she would support a token amount to show those organizations have local
support.
The Mayor stated she does support funding for staff to recruit good
employees and retaining the staff we have.
O. Adjournment
On a motion by Vice Mayor Martinez, seconded by Councilmember Kramer,
the meeting adjourned at 8:48 p.m.
~~
Kns en C. Umstattd, Mayor
Town of Leesburg
ATTEST:
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