Loading...
HomeMy Public PortalAbout2006_12_12 COUNCIL MEETING December 12, 2006 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Marty Martinez, Ken Reid, Kevin Wright, and Mayor Kristen Umstattd. Councilmembers Absent: Vice Mayor Horne absent and Council Member Martinez (arriving at 8:45 p.m.) 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, Capital Projects Engineer Tom Brandon, Planner Wade Burkholder, Management Specialist Tami Watkins and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Council Member Wright B. Salute to the Flag was led by Council Member Hammier C. Roll Call showing Vice Mayor Horne absent and Council Member Martinez arriving at 8:45 p.m. D. Minutes a. September 12, 2006 regular session On a motion by Council Member Burk, seconded by Council Member Reid, the minutes of the September 12, 2006 regular session were approved by a 5-0-2 vote (Horne and Martinez absent). b. September 25, 2006 work session On a motion by Council Member Wright, seconded by Council Member Burk, the minutes of the September 25, 2006 work session were approved by a 5-0-2 vote (Horne and Martinez absent). E. Presentations a. Certificate of Appreciation - Dave Hassett This presentation was delayed until a later date. b. Certificate of Recognition - Monifa A. Hamilton On a motion by Council Member Burk, seconded by Council Member Hammier, Monifa A. Hamilton was recognized for her dedicated service to the United States Postal Service. She assisted in communities affected by Hurricanes Katrina, Rita and Wilma in locating and rescuing postal employees, securing and recovering postal assets and restoring service to postal customers. Further, her selfless actions should serve as a model for all. The motion was approved by a 5-0-2 vote with Council Members Horne and Martinez absent. Town Council Minutes for December 12. 2006 Page 2 c. INOVA Loudoun Presentation This presentation was delayed to another date. d. Crisis Link Presentation This presentation was delayed to another date. e. United Way Presentation - Gary Clemens Kellie Hart on behalf of the United Way Campaign Chairman Gary Clemens, spoke to Council to provide more awareness of the United Way Campaign for this year. F. Petitioners The petitioners section opened at 7:43 p.m. Jan Wright. Ashburn, Virginia, spoke as the Health Minister & Vitality Coach for the Health and Vitality Clinic. She explained the Hallelujah Diet which promotes a healthy and balanced life. Bill Ryan, Harrison Street, asked Council for more information on what is proposed by the Town regarding emergency shelters. The Mayor stated the proposed ordinance defines and creates Emergency Shelters as a new accessory use for churches, middle and high schools, and public buildings serving government or social service functions. Additionally it defines the requirements of establishing an Emergency Shelter. She explained the hours of operation and that air temperature levels will necessitate opening the shelter. The petitioner's section closed at 7:55 p.m. G. Public Hearings a. Rezoning Application TLZM-2005-0002 - Amendment to the existing Oaklawn rezoning concept plan and proffers. This public hearing was deferred at the request of the applicant. b. Amending the Zoning Ordinance by adding subsection 9.4.4 (Emergency Shelters) and adding Subsection 18.1.56.05 (Emergency Shelter) . The public hearing opened at 7:56 p.m. Wade Burkholder stated the Town already has an emergency operations plan in effect for larger scale emergencies and disasters. He stated Leesburg operates under the Loudoun County Shelter Plan. This plan establishes public building and schools as sites for use in an emergency. He stated this ordinance would cover the small day-to-day operations for the homeless, chronically ill, etc. He added that churches in the Town asked to be able to provide this service to the community. Further churches and public buildings tend to already have a built in public use area. He stated the ordinance provides the definition of an "emergency shelter," facility providing shelter to people within the Town of Leesburg and Town Council Minutes for December 12. 2006 Page 3 established in conjunction with adverse weather conditions (Warming and Cooling Centers), natural disasters, and other man made situations, including but not limited to terrorism or natural disaster events. Emergency Shelters shall be established as an accessory use to churches, middle and high schools, and public buildings serving government or social service functions within the Town of Leesburg. Mr. Burkholder went on to explain the Use Standards for an emergency shelter, such as what buildings can be used, wind chill and heat index, hours of operation, volunteers, signage, compliance with ADA requirements, issuance of a zoning permit, protection of neighborhood properties and sufficient parking. He added this is only a temporary fix. Mayor Umstattd asked the possibility to further limit the public buildings to public buildings serving government or social service functions and not churches, middle or high schools. Council Member Burk clarified that social service issues are a function of the County government. Further, she verified that three churches have asked to have a warming center in their church. Council Member Burk stated if this were to go into a neighborhood church there would there be an opportunity for input from neighbors. Town Attorney Beach clarified that a stipulation could be added to issuance of the zoning permit that neighbors would have to be given the chance for input. Mr. Burkholder clarified the County has a day-time program to take care of those needing housing, food and shelter. Council Member Hammier emphasized emergency or need for temporary housing could possibly happen to any of us. She added the Town is reacting to a need from Good Shepherd, but we have been working with the County to identify a problem with our ordinance or the fact that they provide the social service network and we need to institute an ordinance for the temporary and emergency element of this. Mr. Burkholder stated the Town should provide this use which is called a warming center. He stated we are working with Good Shepherd and other networks. He added any site will have trained people to oversee the site while occupied. Council Member Hammier asked how many people would be using a particular site. Mr. Mark Gunderman stated last year the Good Shepherd Alliance served 90 men, 15 women and 5 children. Town Council Minutes for December 12. 2006 Page 4 Chief of Police Joe Price stated there have been no significant issues from a police perspective with the building operated by Good Shepherd on Sycolin Road. He added from an emergency standpoint, the Town and County have an emergency plan in place. He stated what we are focusing on here is the B-2 Zoning warming center concept. Further, if there is legal provocation, the police will take a person into custody and work with the county to find services for them. Council Member Wright verified with Chief Price there is no inherent risk to the community with this ordinance. Council Member Wright clarified with staff what schools could be used, the signage at the warming center site, and ensuring protection of neighboring properties. Council Member Reid clarified that elementary schools would be unfavorable for a shelter site. He also stated this is a temporary solution and persons using the shelter should have their needs identified and addressed. There was also discussion on the definition of a church vs. house of worship with direction to the Town Attorney to research that issue. Mayor Umstattd suggested opening the basement of Ida Lee Park and Town Hall to those seeking shelter from the cold. Joy Muse Griffith, 318 Ayrlee Avenue NW, addressed Council stating her family is not in favor of this use at the Harrison Street location. She asked Council to think about families and residences as this is not a good fit in the community. Mark Gunderman, Vice Chairman of the Good Shepherd Alliance at 37 Sycolin Road, SE; addressed Council. He stated the Good Shepherd Alliance is not a church nor operated by any church. He stated he is grateful for the help of the Town planning staff for including their input to the ordinance language. He offered language that would enable the Town to provide private social service organizations such as The Good Shepherd Alliance to provide care to the homeless in emergencies. He proposed that the word "public building" be replaced the phrase "public or single-tenant commercial buildings" Council Member Hammier clarified with Mr. Gunderman that the Sycolin Road is basically situated in with other commercial buildings. Mr. Burkholder clarified staff is processing a special exception for the Sycolin Road site. Council Member Wright asked the demographics of the clientele using the shelter. Town Council Minutes for December 12. 2006 Page 5 Mr. Gunderman stated they are dysfunctional, victims of substance abuse, hurt, abused and unloved. The centers have case managers to help people find jobs and deal with other issues. Unfortunately, they turn away as many as 400 people a year. Joy Trickett. 1126 Reston Avenue, Herndon, VA., thanked Town Staff for their help. She stated we need to be caring people and take care of those who have needs. Further, the warming center can make a difference of life and death. Jan King. 37 Sycolin Road, Director of Social Services for the Good Shepherd Alliance, stated it is a pleasure to serve the people who are less fortunate. She stated she has seen police officers give the less fortunate shoes and money. Additionally, their staff are well trained in CPR and crisis management. She asked the Town to help with the continuum of care in Leesburg to provide shelter. Council Member Hammier asked Ms. King if she felt they could broaden their services with a special exception based on demand in the community. Ms. King stated a larger facility would certainly help. Lee Bloom, 572 Rockbridge Drive, stated he volunteers at the Good Shepherd Alliance and is a member of the Leesburg Community Church. He stated he has found the homeless are exactly like him but they have failed and are lacking self-confidence. They are trying to solve their problems and just need to be loved during their difficult times. Frank Holtz, 103 Bridgette Place, NE, a member of the Loudoun County Criminal Justice Board and the Loudoun County Public Safety Traffic Corp stated the basement of Ida Lee Park would be an appropriate place for a warming center or for use during a disaster. He agreed with Joe Price's statement regarding his officers' skills in identifying the homeless and others in need and seeking assistance from the appropriate County program. Donna Robertson. 105 Rosebrook Court, addressed Council stating churches all over the County are involved with the homeless. Further, we should take care of the needy and poor. She asked Council to please allow the churches and other organizations help take care of the homeless in Leesburg. Rvan (no last name aiven). addressed Council stating there appears to be a lot of holes in the proposed process. It also seems to him that neither the neighbors nor the police will be the ones monitoring the homeless. He added Council is way out of the loop on this issue. Reverend Lyman Eddy stated he is pastor of the church on Harrison Street which has offered their building for use as a warming center. He Town Council Minutes for December 12. 2006 Page 6 stated the church has been there since 1985 and has worked with the Good Shepherd Alliance. He stated his agreement with Mr. Ryan that if the service was going to proceed as it sounds, it would not be very pleasant for the Harrison Street neighborhood. He stated the Loudoun County Continuum Care and Mental Health agencies have put together this program. He stated the homeless will not have walkup access to the facility. Further, the church has offered their facility during their transition, and access will be controlled during the time of use. Those needing assistance will come in on a bus. A volunteer and at least two full-time staff would be on staff at the facility at all times. Mayor Umstattd stated Council has two obligations; one being a moral issue-we don't want people to die of the cold or the heat, and second that public concerns are respected. She stated Ida Lee would be a good location and verified with Rev. Eddy that he would be able to help administer a center at that location. The Mayor asked Rev. Eddy to speak with Ms. Joy Griffith regarding concerns about a warming center on Harrison Street. Deiter Meyer. 214 Andover Court, stated this is a challenging situation and we need to take care of those in need. He suggested that proposed locations for this use be assessed on a case-by-case basis. Further, the affected neighbors should have the opportunity to voice their opinions. Council Member Reid asked if the Town would be subject to a liability situation if we opened up Town buildings for warming centers. Barbara Beach stated the use of Town Buildings would require that we look at different liability issues, but those issues can be worked out. Council Member Hammier stated we need to make sure that we allow time to address all of the issues. Father Art Johnson stated he is a participant in the Continuum of Care process and neighborhood involvement is desirable for numerous reasons. He stated guests at the facilities will be transported in and out; and guests with a criminal record will not be admitted. There are precautions taken with regard to the safety policies. Further, he reiterated the need for these shelters, stating a large percentage of the guests are employed but are facing a crisis with housing, etc. Summerfield Tillett addressed Council stating his surprise to learn in the paper that a shelter was being proposed at the Harrison Street site. He stated there are a lot of questions to be answered before Council votes on this issue. Town Council Minutes for December 12. 2006 Page 7 He stated he is opposed to this use in a residential neighborhood. Council Member Burk suggested leaving the hearing open and readdressing this issue at the second meeting in January to allow time for the alliance to contact the neighbors. Mayor Umstattd stated her concern with lack of information to the neighborhoods, adding there is a need to notify all church neighborhoods. She added if this use is permitted as an accessory use, they will have to obtain a zoning permit. The question is what do you do if the neighbors express concerns, since a zoning permit is an administrative action. Ms. Beach verified it does not go before Council; it is something done by staff with guidelines. She stated what Council Member Burk was suggesting was to pass this ordinance with a sunset provision; basically to pass with a review again in 30 to 60 days. The Mayor stated that as long as Reverend Eddy is administering the program she has few concerns, but if it is a use at all churches she has concerns as to whether they would all go above and beyond what is called for in this legislation. This legislation does not require the level of attention at which Reverend Eddy is willing to go. Council Member Martinez stated he has no issue with using government facilities for social services. Here we have an opportunity for a private group to take over a social issue that the government doesn't have to deal with. He suggested tabling this ordinance to allow the neighborhoods to feel reassured that all of their concerns have been resolved. In the meantime, we could temporarily use Ida Lee. He added there is a real need to help these people. Reverend Eddy stated people in need can be bussed to Lucketts, but there is still a need in Leesburg. Mayor Umstattd suggested if Ida Lee were used that, the Continuum of Care Volunteers would help with the maintenance. Council Member Burk clarified with Reverend Eddy that he anticipated up to 30 people would be housed at the church. Council Member Hammier stated based on the discussion tonight, there is the need for more time to allow citizen comment. Wade Burkholder stated the Good Shepherd Alliance has been working with the Town since the fall of 2004 to obtain a special exception. Further, the ordinance now proposed has been in process since July. Council Member Hammier stated she favors transporting people to the Lucketts site; and if needed in an emergency, Council could convene in an emergency session to take action. Also, she asked the Town Manager to keep Town Council Minutes for December 12, 2006 Page 8 in constant touch with the County since they should take the lead on this matter. Council Member Wright stated when the Planning Commission first discussed this issue the original draft was very restrictive. He stated to date the only people stepping up to help this situation is the faith based organizations and churches, adding the natural place people look to for help is the church. He stated we have got to walk out of here tonight with a solution, even if it is a short term one. He added he is struck by the need to clearly spell out our standards before we put it in effect; this proposal ordinance still needs work to have more details such as what the other organizations have. He also reminded people this ordinance is for a warming center, not a homeless shelter. Council Member Reid asked for consideration of a resolution tonight. He stated he likes what the Good Shepherd Alliance has proposed. At least the sunset provides more time to work out the rules and procedures and additional input from citizens. Council Member Burk suggested amending the language to say, "The group wanting the zoning permit would have to get community input from within three-blocks of the site. Council Member Wright asked from a process standpoint if this ordinance is tabled, could we take it up under new business. John Wells stated this item does not need to be taken up as a new business item. Secondly, a meeting needs to take place to talk about specifications of what they need regarding times, space and volunteer needs and working with our different facilities to identify what is available. Council Member Martinez asked if there would be a need for Town staff if a Town site is used. John Wells clarified if a Town site is used, we may have to have a consultant relationship to staff the site. The public hearing closed at 10:07 p.m. Council Member Martinez made a motion, seconded by Council Member Wright, to authorize the Town Manager to open a Town facility or facilities for the purpose of an emergency warming and cooling center and enter into any contractual relationship with a group that may administer such a facility for that purpose. Council Member Wright asked to amend the motion, to add that if a problem occurs, Council will be advised. Councilmember Martinez accepted the friendly amendment. Town Council Minutes for December 12. 2006 Page 9 Council Member Hammier asked to further amend that we have this motion in place and take up the generous offer of Elijah Gate as the first line of enforcement is the facility in Lucketts and the Town could help with transportation if needed. Council Member Reid seconded the amended motion. Council Member Martinez did not accept the friendly amendment. Council Member Wright stated we need to step to the plate and provide an option to Lucketts. Council Member Hammier stated this is not our core competency; we need to have a plan in place to prepare to take this on as a first course of business. Although, we need to have a backup plan for the next four weeks while we are looking for a site. Council Member Martinez stated the Town needs to take the responsibility and not rely on the Lucketts site. Mayor Umstattd stated social services is not the Town's core competency, it really is a County responsibility. The main goal is to make sure those citizens do not die of heat or cold. She stated she would support Council Member Hammier's motion to amend as either by entering into a contract with Good Shepherd Alliance or Elijah Gate to administer a warming center as needed, or we help transfer people to the Lucketts site. The motion to amend was approved by the following vote: Aye: Burk, Hammier, Reid and Mayor Umstattd Nay: Martinez and Wright Vote: 5-2-1 (Horne absent) The primary motion with the amended language was approved by the following vote: Aye: Burk, Hammier, Reid, Martinez, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Horne absent) Council Member Hammier stated it would be helpful to identify where the needs are within the County. Council Member Burk commented all Council Members have concerns and will be included in any discussions with staff. Town Attorney Beach stated if it is the intent to defer this ordinance to the next meeting, so neighbors have notice, a new advertisement will have to be placed to allow room for broad changes. Town Council Minutes for December 12. 2006 Page 10 Council Member Wright made a motion, seconded by Council Member Reid, to reopen the public hearing and have it remain open until the next January regular session meeting. The motion was approved by the following vote: Aye: Burk, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Horne absent) c. Revocation of the Gatehouse Franchise Agreement - Public Hearing The public hearing opened at 10:24 p.m. Tami Watkins stated Lamont Digital Systems d.b.a. Gatehouse Networks is asking to surrender their franchise or cable services to the Edwards Landing Subdivision. She added representatives from Gatehouse and Verizon are available tonight if there are any questions. Council Member Burk verified that Verizon will be able to serve the area after January 1. Council Member Wright asked if Verizon is fully wired to provide the service. Catherine Lewis, Verizon Communications, stated Edwards Landing has been fully wired with the exception of their clubhouse. She added there are still some outstanding easements or Town permits to be taken care of. There were no speakers. The public hearing closed at 10:27 p.m. On a motion by Council Member Hammier, seconded by Council Member Martinez, the following motion was made: 2006-210 RESOLUTION Revoking the Gatehouse Cable Franchise by granting their request to surrender and authorizing the Town Manager to sign the documents associated with their franchise release. Town Attorney Beach stated the Town will be providing the release for INET. The motion was approved by the following vote: Aye: Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 5-0-2 (Horne and Burk absent) ORDINANCES None Town Council Minutes for December 12. 2006 Page 11 CONSENT AGENDA On a motion by Council Member Reid, seconded by Council Member Martinez, the following consent motion was proposed: 2006-211 RESOLUTION Authorizing an agreement and approving a performance guarantee for Leesburg Plaza Outparcel B. 2006-212 RESOLUTION Awarding the design and engineering services contract for Battlefield Parkway from approximately 1,400 feet north of Fort Evans Road to Edwards Ferry Road to Kilmer Horn and Associates. The consent motion was approved by the following vote: Aye: Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 5-0-2 (Horne and Burk absent) REGULAR AGENDA On a motion by Council Member Martinez, seconded by Council Member Wright, the following motion was proposed: 2006- 213 RESOLUTION Endorsing the application and authorizing the Town Manager to execute any and all of the documents associated with the application for a Community Development Block Grant in order to fund construction of a playground facility at Brandon Park. The motion was approved by the following vote: Aye: Hammier, Burk, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 6-0-1 (Horne absent) On a motion by Council Member Martinez, seconded by Council Member Wright, the following motion was proposed: 2006-214 RESOLUTION Endorsing the application and authorizing the Town Manager to execute any and all documents associated with the application for a Community Development Block Grant for sidewalk improvements on South Street between Church and Harrison Streets in Leesburg. The motion was approved by the following vote: Aye: Hammier, Burk, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Horne absent) Town Council Minutes for December 12, 2006 Page 12 On a motion by Council Member Hammier, seconded by Council Member Martinez, the following motion was proposed: 2006-215 RESOLUTION Making an appointment to the Information Technology Commission - Scott Kaine The motion was approved by the following vote: Aye: Hammier, Burk, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Horne absent) I. BOARDS AND COMMISSIONS There were no reports on the below listed boards and commissions: a. Airport Commission b. Thomas Balch Library Commission c. Board of Architectural Review d. Cable Television Advisory Commission e. Commission on Public Art f. Economic Development Commission g. Environmental Advisory Commission h. Information Technology Commission i. Parks and Recreation Commission j. Planning Commission k. Tree Commission I. Standing Residential Traffic Committee J. OLD BUSINESS a. SW Trail Project b. Alley Project c. Council Rules of Order Council Member Reid asked if we are going to allow five minutes for discussion at work sessions and if we are going to have presentations and awards at 7:00 p.m. Mayor Umstattd stated we have instituted the rule that special presentations will be made at 7:00 p.m. Council Member Reid also suggested limiting staff presentations to 10 minutes, which the Mayor said she could not support. Council Member Wright suggested bringing forward the complete package on the rules of order at a later meeting. K. NEW BUSINESS The following motion was proposed by Council Member Reid, seconded by Council Member Martinez: 2006-16 RESOLUTION Requesting the Virginia Department of Transportation to expedite an intersection analysis for the intersection of Route 15 Bypass and Route 15 Business Town Council Minutes for December 12. 2006 Page 13 The motion was approved by the following vote: Aye: Hammier, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 5-0-2 (Burk and Horne absent) L. COUNCIL COMMENTS Council Member Reid wished everyone a Very Merry Christmas and a Happy New Year. Council Member Wright encouraged his colleagues to think about a discussion on the water rates in the New Year. He stated during the legislative dinner it was mentioned that we may be able to get funding for a small project and his suggestion would be west business Rt. 7 to Rt.9. He wished everyone Happy Holidays. Council Member Hammier wished everyone Happy Holidays and Happy Hanukkah. Council Member Martinez disclosed a meeting with the Sunrise Assisted Living to talk about their concept plan at Oaklawn. He stated he would like to continue seeking funding to complete the Southwest Trail Committee's recommended connection. He wished everyone a Merry Christmas and a safe New Year. Council Member Burk wished everyone a Merry Christmas. M. MAYOR'S COMMENTS Mayor Umstattd wished everyone a very Merry Christmas and Holiday season and encouraged them to come out to First Night Leesburg on New Year's Eve. N. TOWN MANAGER COMMENTS John Wells stated staff is putting together a plan which uses the remainder of the $50,000 appropriation along with some additional Capital Projects funds to put together a detailed study to identify the cost of the Southwest Trail connector. He added the plan is to bring this back to Council for a vote before the end of this fiscal year. He wished everyone Happy Holidays and a Happy New Year. He reminded citizens the Holiday Lights Trolley Tour will be taking place on December 20 and 21. O. CLOSED SESSION a. Personnel Matter Regarding the Town Attorney's Contract b. Personnel Matter Regarding the Town Manager's annual performance evaluation Town Council Minutes for December 12, 2006 Page 14 On a motion by Mayor Umstattd, seconded by Council Member Martinez, the following closed meeting motion was proposed: Pursuant to Section 2.2-3711(A)(l) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to discuss a personnel matter pertaining to the Town Attorney's contract and a personnel matter pertaining to the Town Manager's annual performance evaluation. The motion was approved by the following vote: Aye: Burk, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Horne absent) Council convened to a closed meeting at 10:46 p.m. Council reconvened at 11 :49 p.m. and certified the closed meeting on a motion by Mayor Umstattd, seconded by Council Member Martinez as follows: In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was approved by the following vote: Aye: Burk, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Horne absent) On a motion by Council Member Martinez, seconded by Council Member Reid, the meeting adjourned at 11:50 p.m. ATTEST: 2006_tcmin1212