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HomeMy Public PortalAbout2006_05_09 COUNCIL MEETING May 9, 2006 Council Chambers, 25 West Market Street, 7:30 p.m. Vice Mayor Martinez presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Melinda Kramer, and Marty Martinez Councilmembers Absent: Mayor Umstattd and Robert Zoldos Staff Present: Town Manager John Wells, Assistant to the Town Manager Nicole Ard, Director of Economic Development Betsy Fields, Director of Engineering and Public Works Tom Mason, Chief of Police Joe Price, Director of Parks and Recreation Kaj Dentler, Town Attorney Barbara Beach, Zoning Administrator Brian Boucher, Downtown Coordinator Lisa Capraro, Capital Projects Engineer Renee LaFollette, Planner Wade Burkholder, 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 Cool Spring Elementary School Odyssey of the Mind - Team A C. Roll Call showing Councilmember Zoldos and Mayor Umstattd absent. D. Minutes a. April 10, 2006 Work session minutes On a motion by Councilmember Horne, seconded by Councilmember Burk, the minutes of the April 10, 2006 work session were approved by a 5-0- 2 vote, Zoldos and Umstattd absent. b. April 11, 2006 regular session minutes On a motion by Councilmember Kramer, seconded by Councilmember Burk, the minutes of the April 11, 2006 regular session minutes were approved with minor edits by a 5-0-2 vote, Zoldos and Umstattd absent. E. Presentations a. Tolbert Awards Presentation of these awards were postponed until May 23, 2006. b. Certificates of Recognition - Cool Spring Elementary School Odyssey of the Mind - Team A On a motion by Councilmember Burk, seconded by Councilmember Horne, the following members of the Odyssey of the Mind - Team A were recognized by a 5-0-2 vote, Zoldos and Mayor Umstattd: Josh Holton, Katie Lynch, Abby Olson, Grant Olson, Stetson Page, Giselle Tirado, and Michael Vermeland. Team A won the competition at the state level and will proceed to the World Championship in Ames, Iowa. Town Council Minutes for May 9. 2006 Paqe 2 c. Certificate of Appreciation - Blake Landscaping On a motion by Councilmember Burk, seconded by Councilmember Horne, Blake Landscapes, Inc. was recognized for their generous donation of twelve October Glory Maples to Ida Lee Park in memory of Sam Niccolls, by a 5-0-2 vote, Zoldos and Umstattd absent. d. Proclamation - Business Appreciation Week On a motion by Councilmember Burk, seconded by Councilmember Hammier, the following proclamation was presented to Alex Green from AH&T, by a vote of 5-0-2, Zoldos and Mayor Umstattd absent: PROCLAMA TION BUSINESS APPRECIA TION WEEK May 14 - May 20. 2006 WHEREAS, the Town of Leesburg is home to a diversified community of over 2,500 businesses; and WHEREAS, the Town actively supports its local business community and is working to make Leesburg a better place to start and grow a business; and WHEREAS, the Town's business community is committed to make a difference for the citizens of Leesburg; and WHEREAS, these businesses provide local services and revenues from which the entire local citizenry benefit; and WHEREAS, we recognize and appreciate that the local businesses have chosen to locate in the Town of Leesburg. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim the week of May 14 through May 20 in the year 2006 as Business Appreciation Week in the Town of Leesburg, and by virtue of this proclamation, recognize our existing businesses, and give notice to our citizens that the businesses of Leesburg are exemplifying this year's theme of "Navigating Virginia's Future." PROCLAIMED this 9th day of May 2006. Mr. Green reported that AH&T has been in business in Leesburg for 85 years. e. Proclamation - Tourism Week On a motion by Council member Hammier, seconded by Councilmember Horne, and approved by a 5-0-2 vote, Zoldos and Mayor Umstattd absent, the following proclamation was presented to Amy Cross Monroe and Fred Morfield: PROCLAMA TION SEE AMERICA, NA TIONAL TOURISM WEEK Town Council Minutes for May 9. 2006 Page 3 Mav 13 - Mav 21, 2006 WHEREAS, the tourism industry is vital to the economic stability and growth of the Town of Leesburg as one of the country's largest employers; and WHEREAS, it contributes substantially to the Town of Leesburg's cultural and social well being; and WHEREAS, the travel and tourism industry enhances our personal growth and education, through our cultural heritage, arts, recreation, shopping, dining and entertainment venues in Leesburg; and WHEREAS, every citizen benefits from the positive impact of travel and tourism; and WHEREAS, travel is one of our fundamental freedoms; and WHEREAS, we appreciate the unique significance of the tourism industry in the lives of the Leesburg citizens. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim the week of May 13 through May 21 in the Year 2006 as annual "See America Week" in the Town of Leesburg and urge the citizens to support our local tourism industry businesses. PROCLAIMED this 9th day of May 2006. f. BAR Appeal - Commerce Bank/Leesburg Plaza This item was withdrawn from the agenda. g. Proclamation - National Day of Prayer On a motion by Councilmember Horne, seconded by Councilmember Kramer, the following proclamation was approved by a 5-0-2 vote, Zoldos and Mayor Umstattd absent: PROCLAMA TION NA TIONAL DA Y OF PRA YER MA Y 4. 2006 WHEREAS, in 1852 the United States Congress established an annual Day of Prayer; and WHEREAS, that law was amended in 1988 to designate the first Thursday in Mayas the National Day of Prayer; and WHEREAS, people in Towns and Cities across America observe the annual National Day of Prayer; and WHEREAS, this is a time for citizens of all faiths to join together to pray for our national, state and community leaders; and WHEREAS, this year's theme "America, Honor God" will be highlighted. Town Council Minutes for May 9. 2006 Paqe 4 THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim May 4, 2006 as The National Day of Prayer. PASSED this 9th day of ~2006. h. Proclamation - American Cancer Society's Relay for Life On a motion by Councilmember Horne, seconded by Councilmember Kramer, and approved by a 5-0-2 vote, Zoldos and Mayor Umstattd absent, the following proclamation was presented to Sheree Giles: PROCLAMATION American Cancer Society's Relay for Life May 20-21. 2006 WHEREAS, in May 1985 Dr. Gordy Klatt, took the first step of his 24- hour walk/run around a track in Tacoma, Washington and raised $27,000 to support the American Cancer Society; and WHEREAS, the following year, 220 supporters on 19 teams joined Dr. Klatt in this overnight event, and the American Cancer Society Relay for Life was born; and WHEREAS, over the last 19 years, Relay for Life has spread to 3,800 communities in the United States and eight foreign countries; and WHEREAS, this event celebrates cancer survivors and their caretakers, honors those lost to cancer, raises community awareness about prevention and early detection and offers support to persons living with cancer; and WHEREAS, a local Relay for Life is being held on May 20-21, 2006 at Heritage High School in the Town of Leesburg. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby congratulate the organizers and participants of our local Relay for Life and urge the citizens of the Town of Leesburg to support the American Cancer Society. PROCLAIMED this 9th day of May 2006. Ms. Giles encouraged everyone to come out in support of this effort. F. Petitioners The petitioners section opened at 7:52 p.m. Patrick Sloyan, Chairman, Western Loudoun Transmission Line Stakeholders addressed Council. Mr. Sloyan discussed the latest proposed transmission line route by Hearing Examiner Howard Anderson. The proposed route would involve 120-foot towers east of Leesburg on Route 7, around the Rt. 7 bypass and west along side the W&OD Trail. He stated the current delay by the SCC action until June 19 could bolster our efforts to install the high-voltage lines underground no matter where the line is Town Council Minutes for May 9. 2006 Page 5 finally located. Further, he added a means of financing additional costs associated with burying the high-voltage line could prove critical to the SCC's final decision. Mr. Sloyan stated the Loudoun County Board of Supervisors has been enabled to create a special rate district through legislation passed by the General Assembly under the leadership of Loudoun Delegate Joe May. He stated creation of a special "Underground Fund" would have to be authorized by the General Assembly. Further, Mr. Sloyan stated the obvious solution to all this is to bury the line at additional costs to Loudoun residents affected. Mr. Sloyan stated the issue of creating a special tax district is a matter for the Board of Supervisors. Further, he urged Council to formally consider and then communicate their position to the attorney representing us before the SCC and to the Board of Supervisors. Kevin Wriqht, 109 Pershing Avenue, congratulated those citizens elected to the Council. He brought forward a resolution and asked Council to consider altering the terms of Board and Commission members. This proposal would postpone the terms to end December 31, 2006, with new appointments made by September and would allow some overlap time. Dave Butler, 211 Jennings Court, congratulated the newly elected Council members. He asked the Town to proceed with aggressive negotiations for the Verizon franchise. Further, he asked Council to take the next step to become a city. Ken Reid, 607 Talmadge Court, echoed the comments of Council-elect Wright. He reported the Environmental Advisory Commission has lost several commission members. He thanked Council for honoring the Cool Spring Elementary School Odyssey of the Mind team A, stating donations are being accepted for the team's travel. John Drury. 621 Beauregard Drive, congratulated the election winners and all who ran for Council. He urged Council to push forward for a ground breaking in 2007 of the section of Battlefield Parkway from Kincaid Boulevard to Route 7. The petitioners section closed at 8: 13 p.m. G. Public Hearings a. Amending Section 10-157 (Parking or Storing Inoperative Vehicles on property located within the Town> of the Town Code. The public hearing opened at 8: 15 p.m. Capt. Jeff VanGilder stated the Community Enhancement Team recommended strengthening this code section so that it could be enforceable. Town Council Minutes for May 9. 2006 Page 6 Town Attorney Barbara Beach stated the proposed ordinance will provide enabling legislation to be enforced with a civil penalty. There were no petitioners. The public hearing closed at 8:17 p.m. On a motion by Councilmember Horne, seconded by Councilmember Burk, the following ordinance was proposed: 2006-08 ORDINANCE To amend and reordain Section 10-157 (Parking or Storing Inoperative Vehicles on Property Located within the Town) of Article VI (Stopping, Standing and Parking) of Chapter 10 (Motor Vehicles and Traffic) of the Code of Town of Leesburg, Virginia, 1976, as amended. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer and Vice Mayor Martinez Nay: None Vote: 5-0-2 (Zoldos and Mayor Umstattd absent) b. Amending Chapter 2 (Administration) of the Code of the Town of Leesburg, Virginia, 1976, as amended by adding a new Article XII (Commission on Public Arts) The public hearing opened at 8:19 p.m. Lisa Capraro outlined the proposal for a Commission on Public Arts. Councilmember Horne thanked Councilmembers Burk and Kramer for their leadership on this effort. There were no petitioners. The public hearing closed at 8:20 p.m. On a motion by Councilmember Kramer, seconded by Councilmember Burk, the following motion was proposed: 2006-09 ORDINANCE Amending Chapter 2 (Administration) of the Code of the Town of Leesburg, Virginia, 1976, as amended by adding a new Article XII (Commission on Public Art). The motion was adopted by the following vote: Aye: Burk, Hammier, Horne, Kramer and Vice Mayor Martinez Nay: None Vote: 5-0-2 (Zoldos and Mayor Umstattd absent) Town Council Minutes for May 9. 2006 Paqe 7 c. TLSE-2006-0002, Dale Lumber Company, permitting continued use of an outdoor storage area at 16 Cardinal Park Drive, SE The public hearing opened at 8:21 p.m. Wade Burkholder outlined this application to permit continued use of an outdoor storage area at 16 Cardinal Park Drive, SE. He stated Dale Lumber is seeking as part of TLSE-2006-0002 approval to continue utilization of the outdoor storage yard use and the removal of the seven-year sunset clause imposed in Condition #1 of #SE-2000-03. Mr. Burkholder stated the Planning Commission and staff recommend approval of this special exception. The applicant, Frank Clark, stated this application is to remove the sunset clause that was approved in the previous special exception. The public hearing closed at 8:26 p.m. On a motion by Councilmember Horne, seconded by Councilmember Burk, the following motion was proposed: 2006-80 RESOLUTION Approving TLSE-2006-0002, Dale Lumber Company permitting continued use of an outdoor storage area at 16 Cardinal Park Drive, SE. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer and Vice Mayor Martinez Nay: None Vote: 5-0-2 (Zoldos and Mayor Umstattd absent) c. TLZM-200S-0004 Leesburg Sport and Health/Wolf Furniture rezoning and concept plan with proffers at 131 Fort Evans Road, N E The public hearing opened at 8:27 p.m. Wade Burkholder outlined this application to rezone 1.92 acres of land from R-6 Moderate Density Residential to B-2 Established Corridor Commercial for the redevelopment of the entire 5.41 acre site currently occupied by Loudoun Sport and Health Club and located at 131 Ft. Evans Road. Mr. Burkholder pointed out a modification to the landscape buffer to decrease the required rear buffer abutting the bypass to allow for more visibility of the store. As a result of this reduction the landscaping in the side yards and interior parking lot areas increase; however, the overall amount of landscaping on the site would not decrease. In addition, the applicant has proffered $79,225 for off-site improvements and $190,995 for frontage improvements. He stated staff and the Planning Commission recommend conditional approval. Town Council Minutes for May 9. 2006 Page 8 Councilmember Hammier asked that additional information be provided on the economic impact and wages. Councilmember Horne expressed concern with the landscaping on the site and frequency of deliveries. Mr. Burkholder stated the landscaping is consistent with Town regulations. Councilmember Kramer verified the store would only have two standard size signs, one on the front of the building and the other on the bypass side. Vice Mayor Martinez clarified the show room space is a by-right use and the area subject to the rezoning is for parking. Further, he clarified this use will cause a traffic increase. John Wolf, Chairman of the Wolf Furniture Company, addressed Council. Mr. Wolf stated this is a fourth generation business started in 1902. They have eight stores throughout the area including Hagerstown and Frederick and are looking forward to opening in Leesburg. Doug Wolf stated 70-100 full time associates will be employed at the Leesburg location with no minimum wage employees. He stated the traffic impact will be less than the health center and most shopping will occur on Saturdays and in the evening. Further, freight deliveries will occur twice a week from their distribution center in Bellwood, Pennsylvania. The delivery trucks will be 26- feet in length and the freight truck will be 53-feet. Councilmember Hammier verified that two of their other locations are along a roadway and in a residential area and thus far they have had no citizen complaints. She verified the salary range of Wolf's employees is between $40,000 and $100,000 and that Leesburg is an underserved market for furniture stores. Doug Wolf stated the Planning Commission recommended changes to the front facade of the building which was done by using additional field stone and pillars. Councilmember Kramer asked if the proposed wrought iron fence at this location will complete the entire fence. Tom Mason stated further extensions would be beneficial. He added the veterinarian and the commerce center will build a portion of the fence, but there is still a portion north of the Division of Motor Vehicles that needs completion. Town Council Minutes for May 9. 2006 Paqe 9 Chuck McLaughlin, Wolf Furniture representative, stated truck deliveries will have a minimal impact on the surrounding site. He stated they have a 53 foot truck that will only deliver goods to the store twice a week. Lorraine Chavarri. 119 Ft. Evans Road, addressed Council regarding the effect the store will have on her restaurant. She asked that a sufficient buffer be provided between the two sites. Lonnie Wolfe comments - read by Clerk of Council. Madam Mayor, members of the Town Council, Town staff, my name is Lonnie Wolf. Many of you remember me as the editor of the EIR news for Loudoun County, in which position, I was fortunate to observe the workings of this government and growth of the Town. Tonight I am merely addressing you as a private citizen, with concerns about the Town and its citizens. I speak to you from the standpoint of common sense and the principle of general welfare, as it pertains to the rezoning of the property on Ft. Evans Road, NE, formerly known as the Loudoun Indoor Tennis Club. Now, I have nothing against new businesses coming to Town. I have no idea why the Wolfe Furniture Company would pay so much money for a "landlocked property," which can never have access to the Bypass, but more power to them if they can see how it can make money for them as a warehouse and showroom. But while, a warehouse and showroom might be permissible to special exception on that site, I question whether the Town staff and, now, the Council have really thought through the implications of that use. I understand that the Town staff has conducted a traffic study and found that the use would not add vehicle trips down Fort Evans Road. However, did they really consider THE KIND OF TRAFFIC that proposed use would involve. Have they really considered what harm might come to the Town or to adjacent citizens by a flow of tractor-trailer and other truck traffic down Fort Evans Road - even if that road is widened? What safety questions might this pose for the neighboring residential communities, even if the road is widened, as proposed, and with sidewalks. What about the large number of young bicyclists that one often sees in the street? Would they really ride on sidewalks. Or, how would that tractor trailer traffic reach his new warehouse, or leave from it. Would such vehicles be able to turn from or onto East Market Street? I doubt it strongly that such turns could occur without causing new traffic problems in the already congested center of Town - precisely where they are not needed. Even, if by some strange device, it were possible to have those turns take place in the dead of night, what then about the quiet enjoyment of residential neighborhoods never designed to be near traffic noise of that type? And what if those trucks, come from the north where Wolfe's facilities are located, down the Bypass chose to try to avoid the congested East Market Street by making there way down Edwards Ferry Road, through Heritage Way, and all its closely packed residential communities. Town Council Minutes for May 9. 2006 Page 10 Some people might say that Fort Evans Road is already on the way to becoming a mini-commercial district and that this cannot be stopped. Has anyone asked those residents in that are if that is what they want - those residents, the majority of whom are in the middle class and lower strata of our population, many who don't speak English as a first language and are new to the strange ways of rezoning? It is not sufficient to post a handful of "legally" prescribed signs and claims that as Town, we have done all that is necessary. I shall state this pOint as bluntly as possible - if what is being proposed here, with its traffic impacts and potential danger to residents, were occurring in some other technically possible part of Town, with more awareness of that was happening, it would likely cause a political riot. In sum, I would like to see the Council study this rezoning further, until some of the questions are answered. The issues I have raised are primarily about public safety, which must be put ahead of all other considerations. The Town has obligation, while affording new and other businesses all its rights, to protect the General Welfare of all of its residents, including those often least able to speak up for themselves. It is not a matter of legal formalities or even zoning ordinances. If the latter requires change, then so be it. But the principle of protecting the general welfare must never change. In this case, that is best served by caution in this rezoning. Signed Lonnie Wolfe, P.O. Box 2432, Leesburg, VA 20177. The public hearing closed at 9:31 p.m. On a motion by Councilmember Kramer, seconded by Councilmember Horne, the following motion was proposed: ORDINANCE Approving TLZM-2005-0004 Leesburg Sport and Health Club/Wolf Furniture rezoning and concept plan with proffers at 131 Fort Evans Road NE Councilmember Horne suggested placing a restriction on delivery truck traffic on Heritage Way. The applicant stated he would accept the restriction. Town Attorney Beach asked the applicant if this is an offer to amend the proffers to say the distribution truck will not use that route. Councilmember Hammier made a motion to defer the vote on this application until the next Council meeting. The amended motion to defer was seconded by Councilmember Horne for discussion purposes. There was further discussion regarding the thru truck traffic and it was determined that a truck restriction could be provided on the site plan without amending the proffers. After further discussion the motion to defer a vote until the next Council meeting was approved: Aye: Burk, Hammier, Kramer and Martinez Town Council Minutes for May 9. 2006 Page 11 Nay: Horne Vote: 4-1-2 (Umstattd and Zoldos absent) On a motion by Vice Mayor Martinez the Council took a five minute recess. The meeting reconvened at 9:45 p.m. H. I I LEGISLATION ORDINANCES RESOLUTIONS On a motion by Councilmember Horne, seconded by Councilmember Burk, the following consent agenda was proposed: 2006-81 RESOLUTION Accepting public improvements, releasing the performance guarantee and approving a maintenance guarantee for public improvements at Harvest Square Lots 1 & 2 Dulles Motor Cars Parking Lot. 2006-82 RESOLUTION Approving a substitute performance guarantee for public improvements installed in Potomac Crossing Section 10. 2006-83 RESOLUTION Approving a supplemental appropriation of $1,500 resulting from a donation to the Community Outreach Program from Koger Management and the Heritage Square Homeowners Association. 2006-84 RESOLUTION Awarding the Comprehensive Civil Engineering Continuing Services contract to Kimley-Horn & Associates of Herndon, Virginia; Paciulli, Simmons & Associates of Leesburg, Virginia; PBS&J; and Whitman, Requardt and Associates 2006-86 RESOLUTION Approving the Town of Leesburg to apply to be a Preserve America Community. 2006-87 RESOLUTION Approving the Town of Leesburg to apply for a Preserve America Matching Grant. 2006-79 RESOLUTION Battlefield Parkway, Kincaid Boulevard to Route 7 location and design public hearing approval. The consent motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer and Vice Mayor Martinez Town Council Minutes for May 9. 2006 Page 12 Nay: None Vote: 5-0-2 (Umstattd and Zoldos absent) REGULAR AGENDA On a motion by Councilmember Horne, seconded by Councilmember Burk, the following motion was proposed: 2006-91 RESOLUTION Making appointments to the Ad Hoc SE/SW Trail Committee Council reviewed the list of residents seeking appointments to this Committee. The final list of appointees is as follows: Eve Weber, Sandy Sinden, Mary Buckwalter, Todd Severance, Cindy Gambogi, Russ Shaw, Sandra Smallwood, Mark Newton, Adria Frie, Paul Corcoran, Cheryl Steinhice, David Dunleavy, David Butler and Peter Fulcer. Further, Council asked the committee report back to Council in July for an interim report and a final report in October. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, and Vice Mayor Martinez Nay: None Vote: 5-0-2 (Umstattd and Zoldos absent) I. Boards and Commissions a. Airport Commission No comment b. Thomas Balch Library Commission Councilmember Burk advised the Commission will meet on May 17. c. Board of Architectural Review Councilmember Burk advised the Board will meet on May 15. d. Cable Television Advisory Commission Vice Mayor Martinez stated the commission is still working on the Verizon franchise. Councilmember Hammier stated her Cable Commission appointee will be stepping down. e. Economic Development Commission Councilmember Horne reported the Business Appreciation Awards will be held on May 16 from 6 to 8 p.m. at the Thomas Birkby House. She added this event is an opportunity to recognize the small business operating in Leesburg. f. Environmental Advisory Commission No comment. g. Information Technology Commission Town Council Minutes for May 9. 2006 Page 13 No comment. h. Parks and Recreation Commission Councilmember Hammier reported the Commission will be meeting this Saturday. i. Planning Commission Council-elect Wright is still reviewing the Crescent District Master Plan and discussing the possibility of a second monthly BAR meeting. j. Tree Commission No comment. k. Standing Residential Traffic Committee No comment J. Old Business Nothing to report. K. New Business a. Authorizing the settlement of litigation with RR Leegate, LLC On a motion by Councilmember Burk, seconded by Councilmember Kramer, the following motion was proposed: 2006-88 RESOLUTION Authorizing the settlement of litigation with RR Leegate, LLC. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, and Vice Mayor Martinez Nay: None Vote: 5-0-2 (Umstattd and Zoldos absent) b. Authorizing a time extension for the removal of the Gatehouse Trailer on Battlefield Parkway in Edwards Landing and requiring a removal and restoration bond in the amount of $25,000. On a motion by Councilmember Horne, seconded by Councilmember Burk, the following motion was proposed: 2006-89 RESOLUTION Authorizing a time extension for the removal of the Gatehouse Trailer on Battlefield Parkway in Edwards Landing and requiring a removal and restoration bond in the amount of $25,000. Council member Horne stated the homeowners association has requested this time extension. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, and Vice Mayor Martinez Town Council Minutes for May 9. 2006 Paqe 14 Nay: None Vote: 5-0-2 c. Virginia Power Counsel Request John Wells explained the attorney representing the Town regarding the alignment of a transmission power line by Virginia Dominion Power has been asked by the Shenstone Farms Homeowners Association to represent them on the same issue. Barbara Beach stated they would have to agree to support the Town's position. Councilmember Horne stated she believes this would be a conflict of interest. Vice Mayor Martinez stated in the event of a conflict the Town should be represented solely. Ms. Beach stated Shenstone must support the Town's position to avoid a conflict. Councilmember Horne stated Leesburg's case must be made as clear as possible. Mr. Wells added we do not have an agreement at this time. John Drury, Beauregard Estates Board Member, stated their HOA has negotiated with the attorney that if another party came forward, they would have the right of first refusal. Ms. Beach asked Mr. Drury how long they have known about Shenstone wanting representation from Attorney Thomas Nicholson. Mr. Drury stated Mr. Nicholson informed them two or three days ago. On a motion by Councilmember Kramer, seconded by Council member Burk, the following motion was proposed: 2006-90 RESOLUTION Authorizing the Town Manager to sign a joint representation agreement Councilmember Horne expressed concern that we did not know of this issue sooner. Ms. Beach stated she too would have liked to have more time. Councilmember Hammier asked that we are assured that the Town would be getting full attention of the attorney on the power line issue. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer and Vice Mayor Martinez Town Council Minutes for May 9. 2006 Page 15 Nay: None Vote: 5-0-2 (Umstattd and Zoldos absent) L. Council Comments Councilmember Hammier congratulated the newly elected Council members and stated she is looking forward to working with them. She thanked our sister city (Sam Cheook, Korea) Vice Mayor and Council who came and shared a lovely a ceremony. It was a wonderful meeting and she noted during their elective process - 80% of their city vote at elections. She thanked the Mayor and Councilmember Burk for attending the ribbon cutting for First Citizens Bank. Councilmember Horne reported attending the Arthritis Foundation Walk last Saturday. She reported attending the Town Employee Breakfast on Tuesday morning. She reported organizing a Community Forum at Woodlea Manor and extended an invitation to residents in that area to attend for updates on upcoming CIP projects. She congratulated the newly elected Mayor and Council members. She thanked the other candidates who put the heart and time in running for Council. Councilmember Burk reported on the dinner with the Korean Council members. She stated the Korean elections run for two weeks. She reported attending the WWII Hanger Dinner which raised money to restore vehicles of that era. Councilmember Burk stated she was honored to have presented a proclamation from the Town to the Old Stone Church Foundation. She stated she was at Shenandoah University to present the Teacher of the Year Award. Further, she reported attending the ribbon cutting for First Citizens Bank and commented on the wonderful art work in the building. Councilmember Burk congratulated the newly elected Council members. Councilmember Kramer congratulated the newly elected Council members and stated that every candidate genuinely cares about the community. Vice Mayor Martinez stated he is happy to have been re-elected. He thanked David Miles for attending the Council meeting and extended his appreciation to him for his involvement in the Town. Further, he congratulated Ken Reid, Kevin Wright and Mayor Umstattd on a successful election. He stated the Council candidates were a great group and the race was an issue based one. He reported on the Teacher of the Year Awards Reception stating it is amazing the commitment that teachers have. Town Council Minutes for May 9. 2006 Page 16 Vice Mayor Martinez stated he too attended the Sam Cheok Dinner and enjoyed sharing information on elections in Korea. He stated he will participate in the Relay for Life on May 21st, He stated it was good to see that Cool Spring Elementary School participating in the Odyssey of the Mind competition. M. Mayor's Comments The Mayor was not present. N. Manager's Report John Wells stated the public hearing for the underground utilities would be the first meeting in June. He congratulated those who were elected to Council. Barbara Beach verified with Council that Conflict of Interest and FOIA training for new Council members and board members should be scheduled for July or August. Vice Mayor Martinez stated the Youth Festival at Ida Lee had approximately 1,500 in attendance. O. Adjournment On a motion by Councilmember Kramer, seconded by Councilmember Burk, the meeting adjourned at 10:39 p.m. ATTEST: dMid tJbd~ cF of ~ounCiI- 2006_tcmin0509