HomeMy Public PortalAbout2006_09_26
COUNCIL MEETING
September 26, 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.
Councilmembers Absent:
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, Director of Finance Norm Butts, Chief of Police Joe Price, Director
of Planning, Zoning and Development Susan Swift, Director of Economic
Development Betsy Fields, Comprehensive Planner Scott Parker, Management
Specialist Tami Watkins and Clerk of Council Judy Ahalt.
AGENDA
ITEMS
A. Invocation by Council member Reid
B. Salute to the Flag was led by Joey Nameth
C. Roll Call showing all present.
D. Minutes
None
E. Presentations
a. Proclamation - Paint the Town Pink
The following proclamation was presented to Liz Woodlock from the
Leesburg Book Store:
PROCLAMATION
PAINT THE TOWN PINK
OCTOBER 2006
WHEREAS, In 2005 the Leesburg Downtown Business Association held
the first annual "Paint the Town Pink" celebration in honor of Breast Cancer
Awareness Month; and
WHEREAS, the Leesburg Downtown Business Association has
dedicated this year's observance to the memory of former downtown business
owner Marilyn Helms-White who passed away this summer after a long heroic
fight against Breast Cancer; and
WHEREAS, this downtown community promotion is designed to raise
public awareness of breast cancer; and
WHEREAS, this unique and special celebration will kick off with the
First Friday festivities on October 6th and culminate with a pink pumpkin float
in the annual Halloween Parade.
Town Council meeting for September 26. 2006
Page 2
THEREFORE, the Mayor and Town Council of the Town of Leesburg, in
Virginia hereby proclaim the month of October as "Paint the Town Pink"
month in the Town of Leesburg and encourage the citizens of Leesburg join
the Leesburg Downtown Businesses in supporting the fight against breast
cancer.
PROCLAIMED this 26th day of September 2006.
b. Proclamation - Hispanic Heritage Month
Julio Fuentes, Maritza Saldana, Yvete Castro Green, and Luis Melendez
were presented the following proclamation for the outstanding
accomplishments that Hispanics have and continue to make in the United
States and in Leesburg:
PROCLAMA TION
HISPANIC HERITAGE MONTH
SEPTEMBER 1.5 - OCTOBER 1.5, 2006
WHEREAS, September 15 through October 15 is designated by the
Federal government as a time to recognize the achievements and
contributions of Hispanics in this country; and
WHEREAS, the significant achievements of the Hispanic community
have and continue to shape our nation's history; and
WHEREAS, local cultural institutions are sponsoring various events
celebrating Hispanic heritage and culture through October; and
WHEREAS, Leesburg's Hispanic community continues to make
significant cultural and economic contributions to our town; and
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby proclaim September 15 - October 15, 2006 as Hispanic
Heritage Month and encourage all residents to join in recognizing and
preserving the contributions made by Hispanic Americans.
PROCLAIMED this 26th day of September 2006.
c. Proclamation - National Race Equity Week
The following proclamation was presented to Danny Garcia for his
support to race equity and inclusive community's week:
Town Council meeting for September 26. 2006
Page 3
PROCLAMA TION
RACE EQUALITY AND INCLUSIVE COMMUNITIES WEEK
SEPTEMBER 25-29, 2006
WHEREAS, the Town of Leesburg and the National League of Cities
are committed to promoting racial and ethnic equality, justice; and
WHEREAS, by resolution of the National League of Cities, we declare
racism and discrimination unjust and advocate equal rights for all; and
WHEREAS, by Act of Congress of the United States dated July 2,
1964, the Civil Rights Act of 1964 was adopted banning discrimination
because of a person's color, race, national origin, religion, or sex; and
WHEREAS, by Act of Congress of the United States dated July 9,
1868, the 14th Amendment of the Constitution of the United States was
adopted giving all persons born or naturalized in the United States the right to
due process and equal protection under the law; and
WHEREAS, National League of Cities has invited local officials across
the country to renew their commitment to ensuring racial equality, justice,
and inclusive communities for all during the week of September 25-29, 2006,
by reporting on successful programs and announcing specific action plans for
the coming year.
THEREFORE, the Mayor and Town Council of the Town of Leesburg in
Virginia hereby proclaim the week of September 25-29, 2006 as Race Equality
and Inclusive Communities Week in the Town of Leesburg and urge all
citizens to join together to support this effort.
BE IT FURTHER PROCLAIMED that the Mayor and Town Council of
Leesburg, Virginia reaffirms our commitment to ensuring racial and ethnic
equality, justice, and inclusive communities in our town, and pledges to work
with the National League of Cities, other governments, and local community
and non-profit organizations to facilitate and promote educational activities
during the coming year.
PROCLAIMED this 26th day of September 2006
d. Proclamation - NAACP Banquet
The following proclamation was presented to Doris Kidder in support of
the Annual NAACP Banquet:
Town Council meeting for September 26. 2006
Page 4
PROCLAMA TION
The Loudoun County Branch of the National Association
for the Advancement of Colored People's Annual Banquet
October 21., 2006
WHEREAS, on February 12, 1909 the National Association for the
Advancement of Colored People was founded by a multiracial group of activists;
and
WHEREAS, for more than nine decades the NAACP has been the
largest and most recognized volunteer organization nationwide
dedicated to winning the struggle to obtain racial justice for all
Americans; and
WHEREAS, the NAACP stands faithfully with courage and determination
to show a willingness to do what is right, to seek justice, and a commitment to
end the unjust system that dehumanizes the beauty and sacredness of human
equality; and
WHEREAS, the Loudoun County Branch of the NAACP provides local
programs to nurture and foster the growth of young people through
mentoring, tutoring and its recent recognition of seven high school students
who demonstrated excellence in academics; and
WHEREAS, the Loudoun County Branch of the NAACP further supports
the community through active committees that address religious affairs, legal
redress, housing education, health education, economic development, and
political action; and
WHEREAS, the United States Department of Justice, Leesburg Police
Department and the Loudoun County Branch of the NAACP signed a covenant
to work towards a cooperative relationship including diversified and culturally
sensitive police force; and
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia
hereby congratulate the Loudoun County Branch of the National Association for
the Advancement of Colored People on the occasion of their annual banquet
and express the deepest gratitude to the many volunteers who have worked
tirelessly through this organization to bring racial harmony and equality to our
nation.
PROCLAIMED this 26th day of September 2006.
e. Proclamation - Danny Garcia
The following proclamation was presented to Danny Garcia:
Town Council meeting for September 26. 2006
Page 5
PROCLAMATION
DANNY GARCIA
WHEREAS, Danny Garcia, a Loudoun County resident, has undertaken
the Herculean task of walking across the continents to raise awareness of the
AIDS epidemic, the plight of impoverished countries plagued by continual
water shortages, and the vulnerability of children throughout the world; and
WHEREAS, Mr. Garcia's two year journey began in New Orleans on
August 29, 2006, and will end at the opening ceremony of the 2008 Olympics
in Beijing, China and will have traversed North and South America, Africa and
Asia; and
WHEREAS, a special Community Support and Recognition Event was
held September 9, 2006 as the community joined Mr. Garcia and his partners,
Lt. Co!. Jackie Charsagua and her daughter in walking from Loudoun County
High School to the Loudoun County Court House lawn; and
WHEREAS, Mr. Garcia's Global Walk, although sponsored by We are
Family, Hallelujah Acres and Points of Light, is dependent for its success on
his unwavering Commitment to the future.
THEREFORE, BE IT RESOLVED, this 9th day of September, 2006,
that the people of the Town of Leesburg in Virginia wish Danny Garcia God
speed in his mission to the world.
PROCLAIMED this 26th day of September 2006.
Mr. Garcia thanked Council for this recognition and talked about the
walk he will undertake. Further, the walk can be followed at
walkwithdanny.org.
f. Proclamation - Jackie Causey
The following presentation was presented to Jackie Causey for her
service as the Youth Ambassador for the Global Walk:
PROCLAMATION
JACKIE CAUSEY
WHEREAS, Jackie Causey is a Leesburg resident and former student
of J.L. Simpson Middle School; and
WHEREAS, Ms. Causey serves as Youth Ambassador for Global Walk;
and
WHEREAS, Ms. Causey will be joining her Mother, Lt. Co!. Jackie
Charsagua and Mr. Danny Garcia, a Loudoun County resident, in walking
across the continents to raise awareness of the AIDS epidemic, the plight of
impoverished countries plagued by continual water shortages, and the
vulnerability of children throughout the world; and
Town Council meeting for September 26. 2006
Page 6
WHEREAS, This two year journey began in New Orleans on August
29, 2006, and will end at the opening ceremony of the 2008 Olympics in
Beijing, China and will have traversed North and South America, Africa and
Asia; and
WHEREAS, a special Community Support and Recognition Event was
held September 9, 2006 as the community joined Ms. Causey, her Mother and
Mr. Garcia in walking from Loudoun County High School to the Loudoun
County Court House lawn.
THEREFORE, BE IT RESOLVED, this 9th day of September, 2006,
that the people of the Town of Leesburg in Virginia wish Ms. Jackie Causey
God speed in her mission to the world.
PROCLAIMED this 26th day of September 2006.
g. Proclamation - Lt. Col. Jackie Charsagua
The following motion was presented to Lt. Co!. Jackie Charsagua:
PROCLAMATION
LT. COL. JACKIE CHARSAGUA
WHEREAS, Lt. Co!. Jackie Charsagua, a Leesburg resident, recently
retired from the United States Air Force; and
WHEREAS, Lt. Co!. Charsagua serves as Chief Operating Officer of
Global Walk; and
WHEREAS, Lt. Co!. Charsagua and her daughter will be joining Danny
Garcia, a Loudoun County resident, in walking across the continents to raise
awareness of the AIDS epidemic, the plight of impoverished countries plagued
by continual water shortages, and the vulnerability of children throughout the
world; and
WHEREAS, this two year journey began in New Orleans on August 29,
2006, and will end at the opening ceremony of the 2008 Olympics in Beijing,
China and will have traversed North and South America, Africa and Asia; and
WHEREAS, a special Community Support and Recognition Event was
held September 9, 2006 as the community joined Lt. Co!. Charsagua, her
daughter and Danny Garcia in walking from Loudoun County High School to
the Loudoun County Court House lawn.
THEREFORE, BE IT RESOLVED, this 9th day of September, 2006,
that the people of the Town of Leesburg in Virginia wish Lt. Co!. Jackie
Charsagua God speed in her mission to the world.
PROCLAIMED this 26th day of September 2006.
h. Certificate of Appreciation - Bill Replogle
Town Council meeting for September 26. 2006
Page 7
Bill Replogle was presented a certificate of appreciation for his
dedicated service to the Town and the Environmental Advisory Commission.
i. Certificate of Appreciation - Joe Nameth
Mr. Nameth was not present to receive the certificate.
j. Certificate of Appreciation - Bridget Bangert
Ms. Bangert was not present to receive the certificate.
k. Certificate of Appreciation - Acoustics on the Green
Certificates of Appreciation were presented to the following for their
dedication and countless hours they committed to produce the 2006 Acoustic
on the Green Summer Concert Series: Stilson Greene, Bob Steere, Jim
Sisley, Evan Sisley, Roxann Henze, Dianne Capilongo, Chris Capilonge, Edwin
Chamblin, Sizanne Schlegel, Michele Zgonc, Ara Bagdasarian and family, and
Ken Werner.
The following were presented certificates for their valuable contribution
to the 2006 Acoustic on the Green Summer Concert Series were John
Gusciora on behalf of Cardinal Park, Pat McKinney and the staff of Market
Street Coffee, Ritenour, Paice & Mougin-Boal, Better Impressions, Prescott
Engle on Behalf of Paxson & Hawthorne, Inc., Karen Jones, Liz Woodlock and
Dianne Huntley on behalf of Leesburg Bookstore, Leesburg Vinter, Reign of
Cats & Dogs, Brenda Ashley on behalf of Serendipity on the Vine, Jessy
Bergeman on behalf of Lou Lou, Leona Nutter on behalf of Samson Realty,
Reston Limousine, Madisonbelle, Lightfoot Restaurant, Updegrove, Combs &
McDaniel & Wilson, PIC, Key Government Finance, Leesburg Today, Vaaler
Real Estate, Broadlands Regional Medical Center, Loudoun Times Mirror, Judy
Wilson and the Tally Ho Theatre staff, and the Shenandoah Ward of the
Church of Jesus Christ of Latter-Day Saints.
I. Proclamation - National Community Planning Month
The following proclamation was presented to Director of Planning,
Zoning and Development, Susan Swift:
PROCLAMATION
NA TIONAL COMMUNITY PLANNING MONTH
OCTOBER 2006
WHEREAS, National Community Planning Month is sponsored by the
American Planning Association in an effort to recognize the positive impacts
that planners and planning have on America's communities; and
WHEREAS, this October marks the inaugural celebration of National
Community Planning Month; and
WHEREAS, the theme of this year's observation is Making Great
Communities through Planning; and
WHEREAS, National Community Planning Month offers an opportunity
to celebrate the Town of Leesburg, the planning profession and individuals
who make our Town a desirable place to live, work, and play.
Town Council meeting for September 26. 2006
Paqe 8
THEREFORE, the Mayor and Town Council of the Town of Leesburg in
Virginia hereby proclaims the month of October as "National Community
Planning Month" in the Town of Leesburg and encourage the citizens to
recognize the commitment and hard work demonstrated by our professional
planning staff and the dedicated citizens serving on our Planning Commission.
PROCLAIMED this 26th day of September 2006.
SPECIAL PRESENTATION FROM FINANCE DIRECTOR NORM BUTTS
Mr. Butts addressed Council advising Council that normally tax bills would be
mailed around September 5, giving tax payers approximately 30 days to make the
payment. He added the State statue says they have to be mailed 14 days prior to
the due date. He stated the tax bills were mailed by our new vendor on September
21st. They were mailed from Florida by the vendor and will not reach Leesburg
citizens in time. He stated a resolution is in the Council packet to extend the due
date through November 2.
Mayor Umstattd stated a vote on this item will be taken up under New
Business
F. PETITIONERS
There were no petitioners.
G. PUBLIC HEARING
The public hearing opened at 8:36 p.m.
a. Town Plan Amendment Process
Planner Scott Parker explained the Town Plan contains an action
program to develop a Town Plan Amendment process. He stated there have
been less than five plan amendments in the past four years which were
initiated by the Town or individual applicants. Further, there is no formalized
process thus most are done with a re-zoning application.
He stated they considered such questions as does the Town need a set
of policies for a Plan amendment process; should there be a distinction
between policy related and parcel specific amendment applications; should
there be an application form and fee; should there be criteria for evaluating
amendments; what is involved in the processing and whether there should be
public participation; and should the amendment process be communicated to
sta keholders.
Mr. Parker stated staff has developed a more formalized process for
amending the Town Plan which includes a new application procedure and
forms, as well as a Zoning Ordinance amendment to codify the process within
the Town Code.
Council Member Burk verified that if an application is denied it cannot
be resubmitted for 12 months unless it has substantial differences.
Town Council meetinq for September 26. 2006
Page 9
Mr. Parker clarified that more specific instructions will be provided to
the applicant and they will know what is expected. Also, a part of this
process will be a pre-application meeting with staff.
Vice Mayor Horne verified staff will make the determination as to
"what is substantially different".
Town Attorney Beach stated the State Code has enabling legislation
and that staff will make the recommendation.
Mr. Parker stated reasons for denial will be very clear.
Council Member Reid expressed concern with the lack of flexibility in
the process. He suggested the fee schedule differentiate between major and
minor developer.
Council Member Wright stated usually the plan amendment will
accompany a rezoning.
There was no further Council discussion.
There were no petitioners for this public hearing.
The public hearing closed at 8:56 p.m.
On a motion by Council Member Martinez, seconded by Council Member
Wright, the following motion was proposed:
2006-0-18
ORDINANCE
Amending Article 3 (Review and Approval Procedures) of the Zoning Ordinance of the
Town of Leesburg, Virginia, 2003, as amended by adding a new Section 3.16 (Town
Plan Amendments)
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
H. Legislation
ORDINANCE
On a motion by Council Member Wright, seconded by Council Member
Martinez, the following motion was proposed.
2006-0-19
ORDINANCE
Amending and reordaining Zoning Ordinance Subsection 6.4.3 (Density/Intensity and
Dimensional Standards) of Section 6.4 (B-2, Established Corridor Commercial
District) Article 6 (Nonresidential Districts), all of the Zoning Ordinance of the Town
of Leesburg, Virginia, 2003, as amended.
Town Council meeting for September 26. 2006
Paqe 10
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
following consent motion was proposed:
2006-158
RESOLUTION
Accepting the public improvements, releasing the performance guarantee and
approving a maintenance guarantee for public improvements at Western Gateway.
2006-159
RESOLUTION
Making a reduction of the performance guarantee for public improvements installed
in Lansdowne on the Potomac Riverside Parkway Phase 4&5.
2006-160
RESOLUTION
Approving a supplemental appropriation for Leesburg Standing Residential Traffic
Committee calming projects and for legal expenses associated with the Virginia
Power legal proceedings.
2006-161
RESOLUTION
Approving Change Orders No. 10 & 11 for design of the Sycolin Road Widening Phase
II
The consent motion was approved by the following vote:
Aye: Burk, Hammier, Vice Mayor Horne, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
REGULAR AGENDA
2006-162
RESOLUTION
Authorizing staff to implement holiday parking promotions in the Historic Downtown.
Council Member Wright asked to remove the holiday parking promotion
removed from the consent agenda for further discussion.
Council Member Wright suggested that staff be able to monitor time control
over parking.
John Wells stated if it is the desire of Council to have staff issue tickets, there
would be a need to change the resolution.
Council Member Reid suggested two or three hours of free parking.
Town Council meeting for September 26. 2006
Page 11
Vice Mayor Horne stated that would send a mixed message and there is not
enough evidence from last year to warrant a change. She suggested evaluation of
issues for this year that could be remedied next year.
Council Member Burk agreed.
Mayor Umstattd asked if the Leesburg Downtown Business Association (LDBA)
had been consulted.
Ms. Fields stated staff did a poll of shop owners and they liked the ease of last
year's program.
Council Member Martinez agreed with Vice Mayor Horne adding the business
owners should police themselves.
Council Member Hammier stated we should be sending the business friendly
message year around.
Council Member Wright stated we should assess how things go this year and
make the necessary questions next year.
Mayor Umstattd suggested monitoring this year.
The motion was approved by the following vote:
Aye: Burk, Hammier, Vice Mayor Horne, Martinez, Wright and Mayor
Umstattd
Nay: None
Vote: 6-0-1 (Reid abstain)
On a motion by Council Member Martinez, seconded by Council Member Burk,
the following motion was proposed:
MOTION
Approving a public hearing date for the Town Charter revisions
Council Member Wright asked if the entire document were advertised would
Council be restricted as to the changes made.
Town Attorney Beach stated the language is broadly drafted; therefore
language could be removed if it were the wish of Council. If anything new is added,
a new public hearing would be required.
Council Member Reid stated last night Council was split on moving forward
with a public hearing.
Mayor Umstattd clarified there were two basic sentiments on Council. She
stated that she and Council Members Reid and Wright wanted to move forward with
a charter that involved workforce housing, developer agreements and form based
zoning.
Vice Mayor Horne and Council Members Martinez and Burk recommended
advertising the entire document.
Town Council meeting for September 26. 2006
Page 12
Council Member Reid suggested outside expertise on the Charter.
Town Attorney Beach added the forth change to be added is to adopt codes of
technical regulations and a property maintenance code. She stated if this document
is moved forward for a public hearing; it would be one month from now.
Council Member Wright suggested moving forward with the changes we know
we want and keep focused on completion.
Council Member Hammier suggested we look further at the document and
include everything we want in the document for public hearing.
Mayor Umstattd asked if the consensus is to forward four items.
Council Member Hammier stated she is ok with four.
Council Member Martinez stated he will not accept a friendly amendment.
Vice Mayor Horne stated this document deserves full attention and our staff
and town attorney have an opportunity to move forward with updating a Town
Charter 30 years out of date. This gives us an opportunity to broaden some of the
powers and authorities. Local governments struggle considerably with the limitations
of the Dillon rule in Virginia. Adding, when you have the opportunity to broaden and
leverage your authority as a local government you take that opportunity.
Council Member Burk stated we hired an expert to look at the charter and we
want to get the public hearing stage. If we don't have the document ready by
December 1 then we can pull it.
Council Member Reid stated there are a lot of discrepancies and redundancies
in the Charter language. He suggested that Council convene a committee at the next
meeting.
The Mayor stated any Council member may shop the charter out to advisors
they trust. She stated there are proposed changes that she is very uncomfortable
with. She added if she were in Richmond and was hit with something as big as the
Charter it would make her nervous. She stated in general the General Assembly
does not trust local government. Further, if there are certain powers we think are
critical, like the four we have discussed, that is what we should try to go for.
Council Member Reid made a motion to amend the original motion and delete
all items except the four identified above (workforce housing, developer agreements,
form based zoning and a code of technical regulations and a public maintenance
cod e) .
The motion to amend was seconded by Council Member Wright.
Council Member Reid stated he agrees with the Mayor that putting forth a
comprehensive amendment my not pass the General Assembly.
Vice Mayor Horne stated her belief that these proposed items are very
important but she will not be supportive as she believes it should be done
holistically.
Town Council meeting for September 26. 2006
Page 13
The vote on the motion to amend was approved as follows:
Aye: Hammier, Reid, Wright and Mayor Umstattd
Nay: Martinez, Horne and Burk
Vote: 4-3
Council member Wright suggested a further amendment to amend the balance
of the Charter at a later time.
Mayor Umstattd asked that this issue be addressed separately.
The Mayor clarified the motion to send forward to public hearing those
sections of the draft town charter related to workforce housing, developer
agreements, form based zoning and a code of technical regulations, and a public
maintenance code.
The motion was approved by the following vote:
Aye: Hammier, Reid, Wright and Mayor Umstattd
Nay: Martinez, Horne and Burk
Vote: 4-3
Town Attorney Beach verified the Charter Bill must be introduced of the first
day of General Assembly.
On a motion by Councilmember Martinez, seconded by Vice Mayor Horne, the
following motion was proposed:
MOTION
Authorizing the issuance of a Request for Proposal (RFP) to allow the Town Manager
to receive bids for the sale of the Town's Cedar Walk property.
Mayor Umstattd clarified this action will only allow Council to receive bids.
They do not necessarily have to accept them.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright,
and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Hammier, seconded by Vice Mayor Horne,
the followi ng motion was proposed:
2006-163
RESOLUTION
Joining Congressman Frank R. Wolf in expressing opposition to increased tolls for the
Dulles Greenway
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and
Mayor Umstattd
Nay: None
Vote: 7-0
Town Council meeting for September 26. 2006
Page 14
Nicole Ard explained the different programs or incentives offered by the
Dulles Greenway.
On a motion by Council Member Reid the following motion was proposed and
failed for the lack of a second.
RESOLUTION
Requesting that the frequent user discount be reinstated for the Dulles Greenway.
On a motion by Council Member Martinez, seconded by Council Member
Hammier, the following motion was proposed:
Councilmember Hammier stated the resolution is for the complete waiver of
tolls as an incentive for carpooling.
RESOLUTION-164
Requesting that incentives for carpooling be reinstated for the Dulles Greenway
Council Member Reid stated there is potential of abuse for carpooling.
Council Member Wright stated the Dulles Greenway is a private business and
we have to be careful in telling them how to run their business.
Council Member Hammier stated there needs to be incentives directly related
to financial implications.
Vice Mayor Horne stated she fully supports carpooling but it is not appropriate
to ask a private corporation to waive tolls.
Mayor Umstattd stated the proposed language is simply a request to consider
waiving tolls for carpoolers.
Council Member Reid suggested an amendment to the resolution to "create a
HOV lane and just in time carpooling",
Council Member Martinez did not accept the friendly amendment.
Council Member Wright suggested asking the Dulles Toll Road and the
Greenway to add incentives.
Council Members Martinez and Hammier accepted the friendly amendment.
Council Member Burk made a motion to table until the next meeting.
The motion was seconded by Vice Mayor Horne.
The motion to table failed by the following vote:
Aye: Burk, Horne, and Reid
Nay: Hammier, Martinez, Wright and Mayor Umstattd
Vote: 3-4
Town Council meeting for September 26. 2006
Page 15
Council Member Wright rephrased his prior friendly amendment to the original
motion to call on the Dulles Toll Road and Trip II to provide incentives to carpoolers.
Council Member Horne stated this resolution is not consistent with the
therefore resolved. She stated she would like more information on the proposal by
Trip II for peak hour pricing.
The amended motion was approved by the following vote:
Aye: Hammier, Martinez, Reid, Wright and Mayor Umstattd
Nay: Horne and Council Member Burk
Vote: 5-2
On a motion by Council Member Martinez, seconded by Councilmember Reid,
the following motion was proposed:
2006-165
RESOLUTION
Supporting tax credit for users of the Dulles Greenway
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright
and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Vice Mayor Horne, seconded by Council Member Burk, the
following motion was proposed:
2006-166
RESOLUTION
Supporting the Northern Virginia general Assembly Delegation effort for a broad-
based transportation funding plan for Northern Virginia
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and
Mayor Umstattd
Nay: None
Vote: 7-0
Council Member Martinez, seconded by Council Member Wright, made a
motion to mop up the resolution on requesting incentives for carpoolers.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and
Mayor Umstattd
Nay: None
Vote: 7-0
Council Member Reid asked that the resolution on the Dulles Greenway that
failed for a lack of a second be put on the next agenda for further discussion.
I. Boards and Commissions
a. Airport Commission
Town Council meeting for September 26. 2006
Page 16
Council Member Horne reported that bids for office and pad sites
opened this week at the airport.
b. Thomas Balch Library Commission
No comment
c. Board of Architectural Review
Council Member Reid stated the BAR discussed design review
regulations. The Town is awaiting approval from VDOT.
He also reported the BAR had a major discussion on the fence at
Dodona Manor and the Economic Development Commission objected to the
proposal.
d. Cable Television Advisory Commission
No comment
e. Commission on Public Art
No comment
f. Economic Development Commission
No comment
g. Environmental Advisory Commission
Council Member Burk stated press releases have gone out regarding
the new receptacle box for recycling.
h. Information Technology Commission
No comment
i. Parks and Recreation Commission
No comment
j. Planning Commission
No comment
k. Tree Commission
Council Member Reid stated the tree canopy implementation plan may
need $20,000.
I. Standing Residential Traffic Committee
No comment
J. Old Business
K. New Business
a. On a motion by Council Member Burk, seconded by Council Member
Martinez, the following motion was proposed:
2006-167
RESOLUTION
Deferring the connection of Ayr Street and the Cornwall Medical Campus
Town Council meeting for September 26. 2006
Page 17
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright
And Mayor Umstattd
Nay: None
Vote: 7-0
b. Mayor Umstattd recused herself from discussion on this motion. Vice
Mayor Horne proceeded with conducting the meeting and read the motion
before Council.
On a motion by Council Member Martinez, seconded by Council
Member Hammier, the following motion was proposed:
2006-168
RESOLUTION
Exercising right of first refusal to purchase property on Wirt Street
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid,
and Wright
Nay: None
Vote: 6-0-1 (Umstattd abstain)
c. Council Member Burk, seconded by Council Member Reid, made a
motion to suspend the rules to vote on the extension of personal property tax
payments.
The motion to suspend was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid,
Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Burk, seconded by Council Member
Martinez, the following motion was proposed:
2006-169
RESOLUTION
Requesting an extension of time for personal property tax
Council Member Wright stated hopefully our vendor for mailing of
personal property tax bills will not be renewed.
John Wells stated the vendor contract will not be renewed and the
Town is working on a public relations campaign to get the message out about
the extended due date.
Vice Mayor Horne verified the extended date will include November 2.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and
Mayor Umstattd
Nay: None
Town Council meetinq for September 26. 2006
Page 18
Vote: 7-0
Discussion on AADP Committee meeting
Council Member Wright asked Council for direction on what the AADP
Committee is to represent at the upcoming meeting on Monday. He
suggested the best course of action to ensure the Town does get money that
is within our control for road improvements, is to seek to amend the AADP's
so that no money is due to the County under AADP's; therefore the proffer
language that has money coming to the Town that can be used for
transportation improvements.
Mayor Umstattd verified that course of action is against the staff
recommendation.
Council Member Hammier stated she is against staff's
recommendation.
Town Attorney Beach stated the proffers are paid when the Zoning
Permit is issued.
Council Member Martinez and Mayor Umstattd were in favor of leaving
the AADP's as is.
Council Member Martinez stated the timing of when the money is due
for the AADP's may be affected by the political scene and the committee is
currently trying to develop a relationship with the County.
Vice Mayor Horne stated Council Member Martinez makes a good
point, but we are going against the recommendation of our Town Attorney.
She stated her understanding is that if we go forward today, the $2.2 million
will go to the County and it's up to the County to make the determination as
to whether that money is given back to the Town for roads.
Further, the $1.2 million through an amendment process will put the
money in our hands directly. This would be a sure bet.
Town Attorney Beach clarified if we amend the AADP's the Town will
get $1.2 million. If we don't amend the AADP's the $2.1 million will be given
to the County with an agreement or $1.1 million to them leaving the Town
with a pot of money.
Mayor Umstattd stated if we amend the developer gets to keep
$843,000 that he would otherwise have to payout. She stated she would
rather have the money in the Town's hands than KSI.
The motion to amend the AADP's as presented by Council Member
Wright and seconded by Council Member Hammier failed by the following
vote:
Aye: Horne, Wright, and Hammier
Nay: Reid, Martinez, Burk and Mayor Umstattd
Vote: 3-4
Town Council meeting for September 26. 2006
Page 19
L. Council Comments
Council Member Reid thanked Council for being able to give the invocation
and invited Council to his synagogue services.
He reported a phone conversation with Jeff Saxe with the Peterson Companies
to discuss the Crosstrail Project.
He also reported meeting with Mike Banzhaf regarding the KSI proffer
amendment.
He stated VDOT will solicit comments on their Draft Traffic Analysis
Regulations.
Council Member Reid disclosed that he was contacted by the group proposing
to sue the Town regarding water and sewer rates.
Council Member Wright stated he met with Colleen Snow and representatives
of Sunrise Assisted Living. He reported a phone conversation with Mike Banzhaf and
other representatives of the KSI project.
He thanked Council Member Burk for coordinating the Crosstrail meetings
with citizens, stating they were very successful and gave citizens an opportunity to
ask questions.
He proposed a next step to encourage citizens to contact the Board of
Supervisors. Further, they did get an agreement at the AADP meeting from the
County AADP members to hold a joint meeting with the Board of Supervisors to
provide us a forum to address our concerns with the Crosstrail application.
That meeting will occur after the County's public hearing.
It was also suggested by the County to review our out-of-own water and
sewer rates. He stated the loss of the ability to serve the area of the LAMP presents
a clear risk to our economic well being of the Town. He encouraged Council to sit
down to review our out-of- Town water rates.
Council Member Wright stated the Washington Post had an article in the Style
Section stating Loudoun County has the highest per capita income in the Nation. He
added the article also discussed the fact that our affluent County has many people
who need assistance.
He encouraged citizens to support Interfaith Relief and other such groups.
Council Member Hammier thanked Bridget Bangert who symbolizes that
individuals from the Town can make a difference in the community. She added her
judgment is impeccable; work effort inspiring; she has become my closest advisor
and sounding board; but most of all her loyal friendship.
Council Member Martinez thanked Council Member Hammier for her kind
comments on Bridget Bangert adding she has been a great asset for the Town.
He stated he is very much inspired by the work and message of Danny Garcia
and his colleagues.
Town Council meetinq for September 26. 2006
Page 20
He stated he is proud that we have the opportunity to celebrate Hispanic
Heritage Month by recognizing some of our local Hispanic residents.
Council Member Martinez stated his agreement with Council Member Reid on
the lack of courage by the General Assembly on transportation.
He stated Council should revisit the water rates and look for a solution to
make the rates more equitable.
He stated the AADP Committee did get the County to agree to start with the
LAMP area for joint planning.
Council Member Martinez disclosed that he too talked with Mike Banzhaf
representing KSI and Jeff Saxe representing the Peterson Companies.
He added the Acoustics on the Green is a perfect example of what the
community can do as a group.
Vice Mayor Horne disclosed she met with representatives from Sunrise
Assisted Living and their attorneys Shaun Ambrose and Colleen Snow.
She also met with Dr. Kavanaugh, Susan Carroll and David Orr representing
the Cornwall Medical Office Project. Further, she met with David Goldberg and Don
Harris regarding Inova's future plans.
She congratulated the Hamburg Donor for a successful ribbon cutting.
She stated she and Council Member Martinez had the great honor of
attending a reception sponsored by Governor and Mrs. Kaine in recognition of
Hispanic and Latino Americans.
She reported attending the design charrette for the South Street property
that was recently acquired by Peter Burnett and hosted by the Loudoun County
Design Cabinet.
Council Member Burk stated she also met with Dr. Kavanaugh and his
partners.
She reported visiting the Designer Show House at the Rust Manor House
which was put on by the Arts Council.
Further, she attended the Preservation Society Awards Reception and
congratulated Brian Boucher for receiving the Preservationist of the Year Award.
M. Mayor's Comment
Mayor Umstattd congratulated the Hamburg Doner for a very fine grand
opening.
She reported she and the Town Manager met with Brian Cullen regarding
Oaklawn development issues.
She congratulated Grand Master Choi for raising over $11,000 for Cancer
Research.
Town Council meeting for September 26. 2006
Page 21
She stated Delegate May is not happy with the results of actions taken on
transporting by committees of the General Assembly.
The Mayor stated she disagrees with Councilmembers Martinez and Wright
regarding a water and sewer rate reduction for out-of-Town users.
N. Manager's Report
John Wells reminded Council of Board and Commission training that will take
place at Ida Lee on Thursday, September 28.
He stated the United Way Campaign will begin on October 3, 2006.
He congratulated the Leesburg Police Department on winning the Community
Policing Award for 2006. This award is given out annually and there were 100
entries in the 20,000 to 50,000 population category.
O. Adjournment
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
meeting adjourned at 10:57 p.m.
2006_0926min