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.
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