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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