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HomeMy Public PortalAbout2006_07_25 July 25, 2006 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Marty Martinez, Ken Reid, Kevin Wright, and Mayor Kristen Umstattd. Roll Call: Showing all Council members present. Staff Present: Town Manager John Wells, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Director of Engineering and Public Works Tom Mason, Chief of Police Joe Price, Director of Planning, Zoning and Development Susan Swift, Director of Capital Projects Management Nagi Elsewaissi, Library Director Alexandra Gressitt, Zoning Administrator Brian Boucher, Preservation Planner Annie McDonald, Planner Wade Burkholder, Capital Projects Engineer Ann Geiger, Recreation Programs Manager Kate Trask, Management Specialist Tami Watkins and Clerk of Council Judy Ahalt. AGENDA 7:15 p.m. Cable Commission Update - Tom Seeman ITEMS Tom Seeman, Chairman of the Cable Television Advisory Commission, provided a update report on the commission's activities. He stated a review has been completed on the Gatehouse/Lamont Digital franchise and most issues have been resolved. The head-end has been moved to the Clubhouse and the Emergency Alert System is up and running. Further, Gatehouse has given notice to terminate service by the end of the year. Town staff is currently negotiating the INET and Franchise Fees with a report coming to Council in September. Mr. Seeman stated the Commission has created three sub-committees: (1) the Standardized Monthly Report Committee with the objective of a standardized franchisee report; (2) the PEG/Local Origination Committee which will promote the use of the local studio, utilize targeted funds for the studio equipment upgrades and coordination with Loudoun CATV Commission; and (3) the Public Safety Committee will focus on the local alert system, citizen awareness and the Town Web page. He stated the Commission has provided input and recommended adoption of the provisions to the Town Manager on Verizon Cable Franchise Agreement. Further, Council approved the franchise agreement on June 27, 2006 and has started offering service to the citizens of Leesburg. He stated the Adelphia/Comcast franchise transition will become effective on August 1, 2006. Council thanked Chairman Seeman and the Commission for all their hard work. Town Council minutes for July 25. 2006 Page 2 7:27 p.m. Masonic Lodge - Mike Napier Mr. Napier stated the Masonic Lodge located at 16 Liberty Street is in need of some repair. He stated they have embarked on restoration of this circa 1900 historic building. He stated they will be doing fundraising, using a public/private partnership, and have already received a small monetary award from the Virginia General Assembly. He asked the Town if they could be of financial assistance stating they have a goal of March 2008 to complete the restoration. He stated they are working with an architect, W.E. Brown, architectural conservator Tracy Coffer, Dieter Meyer with W.E. Brown. The Mayor asked that they consult the Town's Preservation Planner. A. Invocation by Mayor Umstattd. B. Salute to the Flag was led by Council Member Reid C. Roll Call showing all present. D. Minutes a. June 13, 2006 Regular Meeting On a motion by Vice Mayor Horne, seconded by Council Member Hammier, the minutes of the June 13, 2006 Council meeting were approved by a 7-0 vote. b. July 10, 2006 Work session On a motion by Vice Mayor Horne, seconded by Council Member Burk, the minutes of the July 10, 2006 work session were approved by a 6-0-1 (Martinez abstaining) vote. E. Presentations a. July 4, 2006 Parade Winners Recreation Programs Manager Kate Trask with Leesburg Parks and Recreation introduced Bob Miller, Vice President of the Historic District Residents Association. Mr. Miller stated they co-sponsored the event along with Leesburg Daybreak Rotary. He thanked the Town Council, John Wells, Town staff, Public Works Department, Leesburg Police Department. He thanked the Parks and Recreation Department along with Kaj Dentler and Kate Trask. He offered a special thanks to Mary Hope Worley who was committee chairman of this event. Also a special thanks to Martha Robin and Lyle Werner. Mayor Umstattd presented certificates to the following winners: Most Creative 15 and Under - Doggie Patrol; Best Float Under 15 - Soap Box Derby; Best Float over 16 - Frank McConnell; Walkers under 15 - Patriotic Crew; Walkers over 15 - Blue Ridge Greyhounds; and Best Musical Performance - Loudoun Fife and Drum. Town Council minutes for July 25. 2006 Page 3 Tom Bowman, President of Leesburg Daybreak Rotary, presented plaques to the sponsors: BB&T, Toth Financial and Stephen Robin; and the parades Grand Marshall Tim Jon. Other winners not present were: Most Creative 15 and over - America's 9-11 Foundation; Best interpretation of Theme under 15 - Balls Bluff Scouts; Best Interpretation of Theme over 15 - Lady Liberty and Uncle Sam; Best Reviewing stand performance - Dragon Yong In Martial Arts b. Signatures of Loudoun - Thomas Balch Library, Dodona Manor &. Joshua Chamberlain Building Council recognized the following winners of the Signatures of Loudoun Awards: (1) Thomas Balch Library received the Signatures of Loudoun 2006 Award for the Makeover Category. The award was presented to Library Manager Alexandra Gressitt; (2) Dodona Manor received the Signatures of Loudoun 2006 Award for the Makeover Category. Kristen Dueck on accepted the award on behalf of the Board of Directors; and (3) Peter Burnett's Joshua Chamberlin Building received the Signatures of Loudoun 2006 Award for the Familiar Category. Peter Burnett accepted the award. Alan Hansen of the Design Cabinet gave Council a brief overview of what they do. He stated this program is designed to help make Loudoun County unique and they look forward to finding work to reward in the coming yea r. c. Northern Virginia Gang Task Force Update Chief of Police Joe Price gave a presentation of the gang activity in the Northern Virginia Region. Chief Price reported that since fall 2002 there has been an increase in gang activity. Under the leadership of Congressman Frank Wolf, leaders of local government, the law enforcement community, schools, prosecutors, courts and others came together to develop an effective strategy to deal with the area's rising level of gang activity. The strategy first and foremost recognizes that gangs are not a law enforcement problem but rather a community problem. The strategy chosen by the Gang Task Force is focused on suppression/enforcement, prevention and intervention. As part of their suppression/enforcement efforts some of the members of the Regional Gang Task Force traveled to EI Salvador and met with representatives of the EI Salvadoran National Police in an effort to assist in the international reaches of gang activity. They discussed trends, intelligence and investigative techniques. He stated while enforcement is a critical component of our strategy, we know how vitally important it is to keep people, especially our children out of gangs. The goal of prevention is to educate all stakeholders about criminal Town Council minutes for July 25. 2006 Page 4 gang trends and characteristics, what to look for, and the danger of gang involvement. Further, the intervention programs focus on helping people get out and stay out of gangs, with the primary focus on our youth. Each county has established a Gang Response Intervention Team (GRIT). Chief Price stated currently about 51% of the current grant funding is used for suppression/enforcement and 49% of grant funding is dedicated to prevention and intervention. He closed by saying the Northern Virginia approach to the gang issue has been successful, there is still much to do. Their focus on community solutions, that area multi-disciplined and multi-jurisdictional, has made their approach a model for other areas of the country. Council Member Burk stated the inventory of programs is a good idea and she is impressed that we have programs to help our youth. She commended the task force on sending a team to EI Salvador. Vice Mayor Horne thanked the Chief for the presentation and commended the Task Force on reaching out to the youth. She added it is very dangerous to leave a gang. Council Member Martinez stated he grew up in a gang environment and is very impressed with the program the Town is involved in. Council Member Hammier asked Chief Price to pinpoint what kind of gang activity is going on in Leesburg? Chief Price stated gang activity was only 1% of total crimes in 2005. They included aggravated assault, two robberies, 11 simple assaults and three robberies. In the first 6 months of this year there has been one simple assault. He added the majority of crimes are graffiti. He added parents need to be involved and know what their children are doing. Councilmember Hammier asked the feaSibility of a Public Safety Commission for Leesburg. Chief Price stated we have the mechanism in place and underway to enhance that concept. Council Member Wright stated we need to stay ahead of the problem and asked if we have the resources to do so. Chief Price stated the Leesburg Police gang investigators are fully federally funded. Currently the leadership program is funded out of their operating budget. Council Member Reid stated the GRIT teams have faith community involvement and suggested reaching out to area churches. Town Council minutes for July 25, 2006 Page 5 Mayor Umstattd thanked Chief Price for the excellent presentation at the regional conference. She thanked Congressman Frank Wolf for starting the Regional Task Force and Congressman Tom Davis and Jim Moran for coming on board. She also commented on the good cooperation between all jurisdictions of law enforcement. d. Proclamation - National Night Out On a motion by Council Member Burk, seconded by Vice Mayor Horne, the following proclamation was presented to Chief of Police Joe Price in recognition of National Night Out 2006: PROCLAMA TION NA TIONAL NIGHT OUT AUGUST 1, 2006 WHEREAS, a unique crime/drug prevention event sponsored by the National Association of Town Watch (NATW) has been scheduled for August 1, 2006, and WHEREAS, last year's National Night Out campaign involved citizens, law enforcement agencies, civic groups, businesses, neighborhood organizations and local officials from 10,000 communities from all 50 states, and WHEREAS, National Night Out is designed to: 1. Heighten crime and drug prevention awareness 2. Generate support for, and participation in, local anti-crime programs 3. Strengthen neighborhood spirit and police community partnerships 4. Send a message to criminals letting them know that neighborhoods are organized and fighting back, and WHEREAS, National Night Out has proven to be an effective, inexpensive, and enjoyable program to promote neighborhood spirit and police-community partnerships in our fight for a safer community, and WHEREAS, this year's celebration will involve a partnership between the Virginia Knolls community and the Leesburg Police Department in a unique crime/drug prevention event. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim Tuesday, August 1, 2006 as National Night Out and call upon all citizens and all patriotic, civic and educational organizations to observe this evening by leaving their porch lights on as a symbol of the community's united stance against crime. PASSED this 25th day of J..!Jti 2006. F. Petitioners The petitioners section opened at 8: 25 p.m. Town Council minutes for July 25. 2006 Page 6 Ted Jackson, Union Cemetery Board, addressed Council. Mr. Jackson stated the Town is expanding the drainage easement on Old Waterford Road and is requesting an easement from Union Cemetery. He stated the Town has determined the value of the easement is $172. The cemetery board has calculated an approximate loss of revenue in the amount of $42,000 as they can sell that property for either cremation or grave sites. Mr. Jackson asked Council to reconsider this issue. Mayor Umstattd asked the Town Manager if he were aware of this issue. John Wells stated it is a difference of opinion between the Capital Projects Department and the Cemetery Board. David Tevis addressed Council stating the Leesburg Police Department has violated his rights. He asked that the police officer who assaulted him be indicted, otherwise, he would no choice but to contact Channel 7 News. Gem Bingol addressed Council stating the Piedmont Environmental Council is coordinating a project with the Town to continue to fund the Goose Creek Water Shed. Paiqe Buscema, President of the Leesburg Downtown Association, addressed Council. She stated they have been working on educational programs in conjunction with the Town and Leesburg Crossroads. The 2nd Annual Crime Prevention Seminar is August 23, 2006. Also they are working with Leesburg Crossroads to host seminars on, how to effectively negotiate your lease. This fall they will be providing a book to the downtown business entitled "Hug your Customer". Other dates are: August 4-12 will be Customer Appreciation Week, Designer Showcase and Gift Boutique on September 27 - October 15, and Paint the Town Pink in October in honor of Marilyn Helms-White. Further, she asked the Town to stay focused on supporting the basic infrastructure of downtown Leesburg. The petitioners section closed at 8:46 p.m. G. Public Hearing a. Additional Design Recommendations for the Lowenbach Subdivision The public hearing opened at 8:48 p.m. Nagi Elsewaissi stated the Lowenbach Ad Hoc Committee has made an additional design recommendation which needs to be approved by Council. The recommendations are as follows: (1) the curb return radii at the intersection of Blue Ridge Avenue with Prince Street, Catoctin Circle, Queen Street, and Washington Street, and the intersection of Edwards Ferry Road Town Council minutes for July 25, 2006 Paqe 7 with Queen Street shall be 12 feet; (2) the left turn movement from southbound Queen Street onto eastbound Edwards Ferry Road is prohibited; (3) the left turn movement from southbound Queen Street onto eastbound Edwards Ferry Road is hereby prohibited; and (4) the traffic signal and turn lane at the intersection of Edwards Ferry Road and Catoctin Circle shall be reevaluated after the Lowenbach Improvements project is completed. Council Member Burk stated she is anxious to get this project started. Also, she stated her confusion about the left turn from Queen Street to Edwards Ferry Road. Council Member Martinez asked the cost of the traffic signal. John Wells stated it is part of the CIP and will be reevaluated when the intersection is completed. He added the funding for the traffic signal will not be lost. Council Member Hammier stated she looks forward to hearing from the public. Council Member Wright expressed concern about the ability to see over the retaining wall at Queen Street and he verified the Catoctin Circle Center was considered in the traffic study He commended the ad-hoc committee on a job well done. Wendy Overton. 217 Catoctin Circle, stated traffic at the intersection of Catoctin Circle and Edwards Ferry Road flows well. A traffic light would take property from homeowners. Peter Comanduras. addressed Council stated the committee agrees changes are important to this project. They agree to the 12 ft. radii on all streets, no left turn from Queen Street and waiting on the traffic light until the improvements are completed. The public hearing closed at 9:20 p.m. On a motion by Council Member Martinez, seconded by Council Member Burk, the following motion was proposed: 2006-136 RESOLUTION Amending Resolution #2005-86 by adopting additional design recommendations for the Lowenbach Subdivision. The motion was approved by the following vote: Aye: Burk, Horne, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 H. Legislation Town Council minutes for July 25. 2006 Paqe 8 ORDINANCES None CONSENT AGENDA On a motion by Vice Mayor Horne, seconded by Council Member Wright, the following consent motion was proposed: 2006- 137 RESOLUTION Approving a supplemental appropriation for a Police Department budget increase of $26,280 for funds received from a class action law suit. 2006- 138 RESOLUTION Making a reduction of the performance guarantee for public improvements installed in God's Children Learning Center. The consent motion was approved by the following vote: Aye: Burk, Horne, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 REGULAR AGENDA On a motion by Council Member Hammier, seconded by Vice Mayor Horne, Council member Wright was recommended for appointment as the Councilmanic Representative to the Planning Commission. 2006- 139 RESOLUTION Amending Resolution #2006-116 to appoint a Councilmanic Representative to the Planning Commission. The motion was approved by the following vote: Aye: Burk, Horne, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Council Member Martinez, seconded by Council Member Wright, the following motion was proposed: 2006- 140 RESOLUTION CSP-2006-0001 Comprehensive sign plan for Fort Evans Plaza II Annie McDonald stated the actual dimension of the signs has been reduced to 77 square feet and the BAR felt that was appropriate for the two monument signs. The motion was approved by the following vote: Aye: Burk, Horne, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 Town Council minutes for July 25. 2006 Page 9 On a motion by Vice Mayor Horne, seconded by Council Member Burk, the following motion was proposed: 2006- 141 RESOLUTION Approving the date of Saturday, October 20, 2007 as the inaugural date for the "Court and Market Days in Leesburg" event, with a rain date of October 21. The motion was approved by the following vote: Aye: Burk, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: Hammier Vote: 6-1 On a motion by Council Member Burk, seconded by Council Member Reid, the following motion was proposed: 2006- 142 RESOLUTION Initiating amendments to the Leesburg Zoning Ordinance to permit temporary emergency shelters. The motion was approved by the following vote: Aye: Burk, Horne, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 I. Boards and Commissions a. Airport Commission Vice Mayor Horne reported there will be a special Airport Commission meeting on Thursday, July 27. b. Thomas Balch Library Commission Council Member Burk stated the Commission had a long discussion regarding a problem with a group that uses the meeting room on Sunday morning. They agreed to discuss the issues with the group leader one more time. She reported the Balch Library Friends have donated 200 hours this month. Further, applications are being accepted for the History Awards. c. Board of Architectural Review No comment d. Cable Television Advisory Commission No comment e. Commission on Public Art Council Member Burk reported the group had their first meeting at which they have elected Judy Craun as Chairman and Marybeth Mohr as Vice Chairman. The Mayor reported the Leesburg Theatre Group is working with Tami Watkins to hold a few productions in Town Hall and possibility a few short vignettes during Gallery Walk. Town Council minutes for July 25, 2006 Page 10 f. Economic Development Commission No comment g. Environmental Advisory Commission Council Member Burk reported the EAC began a survey of downtown recycling. The most prominent comment is how to dispose of cardboard. Also, they wanted to know what was sprayed in the creek bed to kill plants and according to the Utilities Department the spray is biodegradable. h. Information Technology Commission No comment i. Parks and Recreation Commission No comment j. Planning Commission No comment k. Tree Commission No comment I. Standing Residential Traffic Committee No comment J. Old Business K. New Business a. Downtown Public Safety Concerns Chief of Police Joe Price gave an update on Officer Matt Hackney who was very seriously injured. He also reported a fatal accident that occurred at the intersection of Market and Plaza Streets. He thanked Tom Mason's staff for their assistance in getting a substitute traffic light pole. Chief Price reported Leesburg Police has two officers per thousand citizens. The Town is divided into five patrol beats each with a ranking officer and supervisor. Those beats are subdivided into 16 community sectors. He stated they try to provide equal coverage in all areas of Town at all times. He stated their calls for service break down as follows: North Beat - 22%, North Central Beat - 27%, Central Beat - 16%, East Beat - 18% and West Beat - 17%. He further broke it down with specialized patrol. He stated the downtown sector patrol accounts for 8% of total calls, 2% of geography, 15% of specialized dedicated patrol. He stated these stats are for January - July of this year. Vice Mayor Horne noted she ran into two bike officers on the Town Green and it was good to see them there. Joe Price stated the bike officers are school resource officers. Town Council minutes for Julv 25, 2006 Page 11 Council Member Martinez wished a speedy recovery for the injured officer. Council Member Hammier referenced the problems Market Street Coffee is experiencing with juveniles. Chief Price stated 99% of the incidents are juvenile related. He stated the officers contact the parents and follow-up on the incidents. He added parents need to take responsibility for their children. Town Attorney Beach stated that two petitions may be filed (child in need of service or child in need of supervision) with the intake officer of the Juvenile Court. Council Member Wright asked if the pedestrian incident article in the newspaper is misrepresented? Chief Price stated all of their officers have been highly trained and have good judgment. Officers have discretion to use what they believe is the most appropriate means to achieve compliance. To back that up they have internal review. The incident was discussed with the supervisor and the Commonwealth's Attorney. Council Member Reid asked how the Police Department provides police presence at Freedom Park. Chief Price stated the sponsor of the event pays for the officer and the school pays 50% for School Resource Officers. Council member Reid asked if we could place an officer in downtown Leesburg to walk the beat near the Market Street Cafe. Chief Price stated that would be a policy decision. Dedicating an officer to downtown would pull resources from another area. Mayor Umstattd complimented Chief Price on his report adding it is clear the downtown gets twice as much attention. She stated a citizen had complimented the Police Department for promptly responding to an incident on the W&OD Trail. b. EAC Appointment On a motion by Mayor Umstattd, seconded by Council Member Martinez, the following motion was proposed: 2006-143 RESOLUTION Making an appointment to the Environmental Advisory Commission - Gerald Shamla The motion was approved by the following vote: Aye: Burk, Horne, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Town Council minutes for July 25. 2006 Page 12 Vote: 7-0 L. Council Comments Council Member Burk congratulated the winners of the Signatures of Loudoun Awards. Vice Mayor Horne commented that Blossom and Bloom needs donations. She congratulated Tony Howard the new CEO of the Loudoun Chamber of Commerce. Further, she added Council Member Wright will do a great job as the Councilmanic representative to the Planning Commission. She congratulated a new business on Miller Drive, K2M which holds 70 patents on spine technology. Vice Mayor Horne advised she would not be at the August 7 work session. Council Member Martinez congratulated the winners of the Signatures of Loudoun Awards. He thanked all who had worked to make the July 4th event a success. He thanked Chief Price for the Gang Task Force update. Council Member Hammier commented on the hard work done on the Crosstrails project by both the Leesburg and Loudoun County Planning Commissions. Council Member Wright thanked his colleagues for their support for the Councilmanic appointment to the Planning Commission. He thanked the Mayor for her support. Further, he offered best wishes to the injured police officer. Council Member Reid reported he will be participating in the Kiss A Pig contest at the Loudoun County Fair. He thanked staff for the Crosstrail reports. He reported attending a Preservation Conference in Baltimore. Council Member Reid congratulated Council Member Wright on being appointed as liaison to the Planning Commission. N. Mayor's Comments Mayor Umstattd commented this is a very good Council and there are real opportunities to do good work. O. Manager's Report John Wells reported the trolley will be back in service tomorrow. The Pandemic Flu Seminar will be held on July 27 & 29 with a session for the public on August 10. Town Council minutes for July 25, 2006 Page 13 P. Adjournment On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the meeting adjourned at 10:15 p.m. ~~r~ Kn C. U stattd, Mayor r- Town of Leesburg ATTEST: 2006_tcmin0725