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HomeMy Public PortalAbout2007_01_23 COUNCIL MEETING January 23, 2007 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council members Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Marty Martinez, Ken Reid, Kevin Wright, and Mayor Kristen Umstattd. Councilmembers Absent: Council Member Reid arriving at 8:06 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, Director of Planning, Zoning and Development Susan Swift, Director of Finance Norm Butts, Director of Parks and Recreation Kaj Dentler, Director of Economic Development Betsy Fields, Airport Director Tim Deike, Director of Information Technology Wendy Wickens, Director of Human Resources Nancy Fixx, Director of Capital Projects Management Nagi Elsewaissi, Zoning Administrator Brian Boucher, Planner Wade Burkholder, Planner Chris Murphy, Preservation Planner Annie McDonald, Comprehensive Planner David Fuller, Capital Projects Engineer Tom Brandon, Capital Projects Engineer Tony Estafanous, Management Specialist Tami Watkins and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Council Member Martinez B. Salute to the Flag was led by Girl Scout Cadet Troop 4521 C. Roll Call showing Council Member Reid arriving at 8:06 p.m. D. Minutes None E. Presentations a. Dennis Property Remediation/Reforestation project update Mr. Rene Dennis, 42760 Edwards Ferry Road, gave a report to Council on the tree damage done to his property by U.S. Homes, the developer of Edwards Landing. He reported that on April 3, 2003 the Dennis family notified U.S. Homes of tree damage on their property and a performance bond was posted with the Town on April 4, 2004. Further, a forest fire was started by U.S. Homes on April 19, 2004. In the winter of 2004-2005 U.S. Homes planted Austrian Pines on the Dennis property. On April 26, 2006 the Town of Leesburg pulled the U.S. Homes performance bond. On August 28, 2006 a public bid was released for the Dennis Property Remediation/Reforestation. Rene Dennis won that bid. The reforested section of the Dennis property combined the use of Eastern Red Cedar, Norway Spruce, Loblolly Pine, and Barberry shrubs. Town Council Minutes for January 23. 2007 Page 2 Mr. Dennis provided pictures of measures used to counter the flow of water to neighboring properties until the planted trees mature and take over and their adaptive reuse of forest debris. He noted "TLC" (palletized biosolids product) is used to fertilize and protect trees from deer. Mr. Dennis thanked Town staff members, Antonios Estafanous and Andy Oster, for their help in a successful completion of this project. Council Member Martinez thanked Mr. Dennis for the tree save information and expressed the need to have legislation to prohibit the removal of all trees in the development stage. b. IT Survey Report - IT Commission Chairman Sandy Smallwood, Chairman of the IT Commission, addressed Council regarding the recent survey done by the IT Commission. She stated the purpose of the survey was to allow citizens the opportunity to provide ideas as to what they would like to see in technology for the Town and secondly was to get feedback on the Town website. She stated prior to the survey the IT Commission surveyed similar size jurisdictions in all 50 states to see what they have on their website. The survey was advertised in Leesburg Today, on the Leesburg Today Website and on the Town of Leesburg website. The first question of the survey was frequency of use with the results showing occasional or frequent uses to obtain government, business and community information. The second question of the survey tied specifically to links to new services and technologies. The top five items they would like to see were emergency alert subscriptions, monthly calendar of community events, monthly calendar of government and meetings, webcam access of Town government meetings and emergency and natural disaster information. She stated the next step of the Commission is to hold a forum on February 6 from 7:00 to 10:00 p.m. at Ida Lee Recreation Center. That forum is to invite citizens to come and further clarify and identify the top five items shown on the survey. Council Member Martinez stated he appreciates what the Commission is doing and suggested guest speakers talk to them regarding information technology issues. Council Member Hammier stated her desire to investigate how the Cable Commission and Information Technology Commission can work together more closely. She reported the Cable Commission will have a speaker from VeriSign at their February 20 meeting. Town Council Minutes for January 23. 2007 Paqe 3 c. Resolution of Respect - Terry Huff On a motion by Council Member Martinez, seconded to Council Member Hammier, the following resolution was presented to the Terry Huff family: Resolution of Resoect Terry A. Sanford Huff WHEREAS, Terry Huff, a Town of Leesburg resident, passed away December 9, 2006 at the age of 58; and WHEREAS, Ms. Huff grew up in Hamilton and attended Loudoun County Public Schools and graduated from the historically black Douglass High School in Leesburg, Virginia; and WHEREAS, Ms. Huff served worked for the federal government for 32 years and retired in 2001; and WHEREAS, Ms. Huff worked for the Town of Leesburg for 3 years as part of the Human Resources Department; and WHEREAS, over those three years, Ms. Huff served as staff with several Town departments and in the Town Visitors Center; and WHEREAS, Terry Huff was known for being compassionate, generous and attentive to those around her. THEREFORE, RESOLVED the Mayor and Town Council of the Town of Leesburg in Virginia hereby extend their sympathy to the Huff family and ask that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be given to the family. PASSED this 23rd day of January 2007. The motion was approved by a 6-0-1 vote (Reid absent). d. Resolution of Respect - Warren Weitman On a motion by Council Member Martinez, seconded by Council Member Hammier the following resolution of respect was proposed: Resolution of Respect Warren Weitman WHEREAS, Warren Weitman, a Loudoun County resident, passed away October 19, 2006 at the age of 87; and WHEREAS, Mr. Weitman was a graduate of Erasmus Hall, the University of Pennsylvania, and the University of Pennsylvania School of Dentistry; and Town Council Minutes for January 23. 2007 Page 4 WHEREAS, Mr. Weitman served our nation as a Captain in the Army Air Corps Dental Corps; and WHEREAS, Mr. Weitman co-founded Archives Historical Autographs, a firm specializing in historical documents and signed books; and WHEREAS, for over three years Mr. Weitman volunteered as a historical researcher at the Thomas Balch Library; and WHEREAS, the indices he created to make historical materials more accessible to researchers serve will continue to benefit patrons of the Thomas Balch Library for years to come. THEREFORE, RESOLVED the Mayor and Town Council of the Town of Leesburg in Virginia hereby extend their sympathy to the Weitman family and ask that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be given to the family. PASSED this 23rd day of Januarv 2007. The motion was approved by a vote of 6-0-1 (Reid absent). e. Resolution of Appreciation - Terrie Laycock This item was deferred to a future meeting. f. Certificate of Appreciation - Alex Mai A Certificate of Appreciation was presented to Alex Mai for his dedicated service to the Town of Leesburg and Economic Development Commission from July 2006 to January 2007. g. Certificate of Appreciation - David Hassett A Certificate of Appreciation was presented to David Hassett for his dedicated service to the Town of Leesburg and the Information Technology Commission from July 2004 to December 2006. h. Board of Architectural Review (BAR) Annual Report BAR Chairman Teresa Minchew addressed Council with a report on the activities of the BAR during the past year. She stated their primary undertaking is a revision of the Old and Historic District Design Guidelines. Preservation Planner, Annie McDonald, provided an overview of the accomplishments of the BAR. They reviewed 145 applications in 2006 which included H-1 cases - 63, H-2 cases - 51, and administrative review - 31. In the Old and Historic District (H-1) 13 were primary construction and major alterations; 27 other alterations; seven demolitions; 11 signs; two comprehensive sign plans and three infrastructure projects. In the H-2 Corridor, 13 were primary construction and major alterations; 15 other alterations; one demolition, 19 signs, and three comprehensive sign plans. Town Council Minutes for Januarv 23. 2007 Page 5 Administrative review applications were 11 for signs and 20 for landscape features. The following projects and training were accomplished as follows: (1) revising sign guidelines and process, (2) attending an annual retreat, (3) continuing the awards program, (4) training at national conference, (5) revising Old and Historic District Design Guidelines, and (6) the completing a procedures manual and brochure. Their goals and challenges for 2007 include: (1) completing the revision of the Old and Historic District Design Guidelines; (2) evaluating the H-2 Corridor District program; (3) revising organizational bylaws; (4) improving meeting procedures; (5) maximizing training opportunities; and (6) improving the annual awards program. Council Member Wright commented on the high level of detail that goes into a BAR application review. Council Member Reid questioned the resolution regarding legal assistance and the procedures for appeal and the urgent need to streamline the application review. F. Petitioners The petitioners section opened at 8:26 p.m. Linda Conrov. 212 Loudoun St. and Beck Dickerson addressed Council regarding parking at her business at 212 Loudoun Street, SE. The owner of the property, Beck Dickerson, stated parking is not enforced at this location. He requested a space marked for loading and unloading so that trucks can make deliveries at the site. Ms. Conroy stated loading space/spaces should be designated up as far as the Mom's Apple Pie parking lot. She added currently the parking is utilized on a temporary or all-day basis and her business gets freight deliveries on a daily basis. Council Member Hammier asked for this issue to be discussed at the next work session. Bruce Dewar. 5 Memorial Drive, addressed Council regarding the design of the intersection of Memorial Drive and W. Market Street. He stated the approved plans are not very pedestrian friendly. He stated there is no crosswalk, loss of street lighting, the turn lane and straight lane are narrow on Market Street, and the traffic light is too massive with a 60' mast. Mr. Dewar handed out two proposed options to improve the situation. He asked Council to refer this issue to staff for a better design. Vice Mayor Horne clarified that West Market Street parking from Ayr Street to Memorial Drive would be removed. Mayor Umstattd asked that this be discussed at the next Council Work Session. Town Council Minutes for January 23. 2007 Paqe 6 Council Member Wright asked Mr. Dewar if this traffic light is warranted. Mr. Dewar stated he was unsure, but it probably would be. Council Member Reid asked to refer this item to the next Standing Residential Traffic Committee. John Drurv, 621 Beauregard Drive, addressed Council regarding the Virginia Department of Transportation action regarding the reduced scope of Battlefield Parkway. He added this is a good example of why we should get the traffic infrastructure before construction. Bob Sevila. 414 Mosby Drive, addressed Council on behalf of the O'Connor family and the desire of Council to purchase additional acreage for Ida Lee Park. He stated the O'Connor family is interested in continuing negotiations and will be presenting a proposal on their behalf. He encouraged Council to delay a decision on the Ida Lee Pool revised plan. Vice Mayor Horne asked if a delay would affect the opening of the pool. Mayor Umstattd stated she would not want to delay the pool opening as it is the number one priority of citizens. She stated the Town would not be less committed to purchase the property if they move forward with a vote tonight. John Wells stated he would have to consult with staff for an answer on the delay. Teresa Minchew addressed Council stating the resolution she had given Council Member Reid was something we had discussed at the last meeting of the BAR. It expresses the Board's continued concerns about not being legally represented on appeals. The petitioner's section closed at 8:54 p.m. G. PUBLIC HEARINGS a. EMERGENCY SHELTERS This public hearing reopened at 8: 55 p.m. Wade Burkholder gave an overview of the proposed ordinance to add Subsection 904o4(Emergency Shelters) to Section 904 (Accessory Uses) of Article 9 (Use Regulations) and by adding subsection 18.1.56.05 (Emergency Shelter) to Section 18.1 (Terms Defined) of Article 18 (Definitions). He explained under this ordinance accessory uses would be allowed for churches, middle and high schools, and public buildings serving government or social service functions. He outlined the changes made as a result of Council discussions. He stated Section 904o4.B.i is changed to the wording "a wall mounted sign" to "one sign"; and "Sections 904o4.B.2 and 904o4.Bo4'' to ''904o4.B1.e and 904o4.B.1.g''. Further, Section 904o4.B.1.j is changed to read: "To help ensure protection of neighboring properties, the Emergency Shelter shall have written rules of conduct for residents as well as a written plan for handling complaints. Town Council Minutes for January 23. 2007 Page 7 He stated Section 904o4.B.1.m will now read, "The shelter shall agree in writing to abide by rules and regulations of the Loudoun County Continuum of Care Policy and Procedures Manual". Vice Mayor Horne stated more than five days notice should be given for neighborhood notification of an application. Mayor Umstattd agreed and Council concurred that 14 days would be allowed. Further, Section 904o4.B.1.n shall read, "Prior to the issuance of the Zoning Permit, the applicant must post the property to all street frontages notifying the neighborhood of the pending application for an Emergency Shelter. The property must be posted for fourteen (14) business days prior to the issuance of the Zoning Permit. Should written objection to the issuance of the Zoning Permit be received by the Zoning Administrator within this mandatory notice period the application for the Emergency Shelter shall appear on the next available Town Council docket for review. Should no written objections be received by the Zoning Administrator within fourteen (14) business days and all other use conditions are met, the Zoning Administrator shall issue the Zoning Permit for the Emergency Shelter". He stated the appeal process is changed to read as follows: "Section 904o4.D - In the case of an appeal from the Zoning Administrator decision of revocation or denial of a zoning permit, the aggrieved party shall request a meeting with the Zoning Administrator. Within two business days of the meeting, the Zoning Administrator shall inform the aggrieved person, in writing, of the decision to affirm, modify, or rescind revocation of the permit. Any person aggrieved by the action of the Zoning Administrator in the revocation or denial of a zoning permit may appeal the decision to the Town Council. The aggrieved shall submit a written narrative providing reasons behind the appeal along with the date and reasons for the Zoning Administrator's revocation or denial of the zoning permit. The request will be placed on the next available Town Council docket for discussion and action." The Town Attorney advised Council there are two appeal processes which should coincide with each other. Further, Council Member Reid discussed the appeal process and the fact that a permit may be revoked if one person made a complaint. He stated he supports five day notice to the public. Joy Griffith, 318 Ayrlee Avenue NW, addressed Council on behalf of a group of residents from Harrison Street and North Street. She stated her concerns with the community's safety and the disruption to their community. They have concerns on the adverse impact on their community. They need assurances that the community is comfortable. She stated the residents she represents are not comfortable with this application. Mayor Umstattd clarified with Ms. Griffith that two weeks would be the minimum time allowed for residents to make comments. Town Council Minutes for January 23. 2007 Page 8 Helen Richardson, 741 Fieldstone Drive, Director of the Loudoun County Emergency Shelter and the Loudoun Transitional Housing Program addressed Council. She stated it is advisable to discuss the emergency shelter issue at length. She expressed concern with the section of the emergency shelter ordinance discussing a natural disaster. John Wells stated the Town/County Emergency Plan would override our ordinance. Ms. Richardson stated she is sympathetic to the safety issues but the homeless are not criminals and suggested a visited to the shelter. Craig Stutzman. representing the Good Shepherd Alliance at 37 Sycolin Road, stated from Good Shepherd's perspective they are not advocating any thing that would benefit them directly. Mr. Stutzman stated he is also representing an ecumenical group that met at St. James Church last week. He stated some of the concerns of the group have been included in the ordinance. Particularly the issues of temperature range, signage and the buffer zone. He pointed out to the citizens of Leesburg that the current ordinance has six provisions to protect the neighborhoods. They are protecting neighboring properties; restrictions on adverse impact from noise, glare and traffic; written rules of conduct; procedures for handling complaints, providing an operating plan with the Town; and the power of revocation of the zoning permit. He suggested that subparagraph (I) should be revised to say, "the plan would include provisions to discourage loitering once the emergency shelter closes for the day". In addition subparagraph (m) should be revised to say, "the shelter shall agree in writing to participate in and cooperate with the Loudoun County Continuum of Care Policy and Procedures Manual." He stated five churches were represented at their meeting. Jamie Brown. 20291 Hogback Mountain Road, addressed Council stating his concerns on this matter have been resolved and he supports the ordinance. Rev. John Ohmer. 8 Cornwall Street, stated a 1,000 ft buffer would have precluded all churches in Leesburg. He thanked Council for balancing the issues to address the needs of the homeless. He suggested a paragraph saying that nothing in this ordinance would be construed to prevent the opening of our doors in the case of a wide spread emergency or disaster. Thea Thomas, Case Manager at the Lucketts Homeless Shelter, stated most people are in the homeless shelter because of life's circumstances. She stated the shelter staff is carefully screened and very capable of handling the shelter. Finally, she added it makes sense to have a facility in Town and safety is not an issue. Town Council Minutes for Januarv 23. 2007 Paqe 9 The public hearing closed at 9:38 p.m. Vice Mayor Horne stated missing from this ordinance is a requirement that shelter providers have a neighborhood plan to require that they meet with surrounding neighborhoods prior to the issuance of a permit for this use. Council Member Burk stated Bob Chirles told Council they do have a plan in place. Council Member Martinez, seconded by Council Member Wright, made a motion to approve the proposed ordinance. Mayor Umstattd made a motion, seconded by Vice Mayor Horne, to amend Page Four Paragraph N to say, " the property must be posted for fourteen (14) business days prior to the issuance of the Zoning permit". The amended motion was approved by the following vote: Aye: Burk, Horne, Hammier and Mayor Umstattd Nay: Martinez, Wright and Reid Vote: 4-3 Council Member Burk made a motion to amend Page Four, Paragraph M to say, "participate in and cooperate with". Council Member Hammier offered a friendly amendment to Page Four, Paragraph M as follows: "The shelter shall agree in writing to abide by the rules and regulations of the Loudoun Continuum of Care Policy and Procedures Manual." The friendly amendment was accepted by Council Members Wright and Martinez. Council Member Hammier asked about Loudoun County Family Services as it relates to Paragraph E and offered a friendly amendment relating to natural disasters. Mayor Umstattd suggested the following language for Paragraph E, "nothing contained herein shall supersede language found in the Town Emergency Preparedness Ordinance". Council Members Wright and Martinez accepted this amendment. Council Member Hammier offered a friendly amendment for Paragraph D, that the word "granting" be removed from that paragraph and amended the last sentence to read, "The request will be placed on the next available Town Council docket for discussion and action". Council Member Wright discussed the language in Paragraph D and asked for more clarity on the appeal process. Mayor Umstattd suggested the first sentence of that paragraph read as follows: "In the case of an appeal from the Zoning Administrator decision or Town Council Minutes for January 23. 2007 Page 10 revocation or denial of a zoning permit, the aggrieved party shall request a meeting with the Zoning Administrator. Council Member Burk seconded the motion. Council Members Wright and Martinez accepted the amendment. Council Member Hammier stated that Paragraph m should reference the Town's loitering ordinance. Council Members Wright and Martinez stated the current language is sufficient. Vice Mayor Horne made a friendly amendment to add language to subparagraph c to add, "the shelter provider shall offer to meet with surrounding neighbors as part of a neighborhood communications plan prior to opening a shelter." Council Member Martinez did not accept the friendly amendment. Vice Mayor Horne then made the motion to amend as stated above. Mayor Umstattd seconded the motion. Vice Mayor Horne stated this added language is a way to reach out to neighbors prior to opening the shelter. Council Member Wright stated there is not the need to further spell out or to legislate common sense. Vice Mayor Horne stated the churches should be connecting with the community. Council Member Martinez stated that it is the church's responsibility. Mayor Umstattd stated the language offered by Vice Mayor Horne, "the provider shall offer to meet with the surrounding neighbors" is appropriate. Council Member Hammier pointed out schools such as Smart's Mill Middle School have no surrounding neighbors. Council Member Wright asked how the zoning department would enforce this language. Brian Boucher stated it would be a judgment call but the burden would be on the applicant to contact the neighbors. The Town Attorney stated Section B.1 of this ordinance does allow the Zoning Administrator to impose reasonable conditions. Further, after review of the Continuum Care Rules and Regulations, it only applies to the internal operations of the facility. Vice Mayor Horne requested to strike her amended motion. Town Council Minutes for January 23. 2007 Page 11 She made another motion, seconded by Mayor Umstattd, to amend the third sentence of Section B.1 to read as follows: The Zoning Administrator may impose reasonable conditions "to include neighborhood community outreach on the proposed use" to ensure compliance with these standards or other applicable provisions of the law. The amendment was approved by the following vote: Aye: Burk, Hammier, Horne, Reid and Mayor Umstattd Nay: Martinez and Wright Vote: 5-2 The main motion as amended was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 2007-0-04 ORDINANCE Amending and reordaining the Zoning Ordinance of the Town of Leesburg, 2003 as amended by adding Subsection 90404 (Emergency Shelters) to Section 904 (Accessory Uses) of Article 9 (Use Regulations) and by adding Subsection 18.1.56.05 (Emergency Shelter) to Section 18.1 (Terms Defined) of Article 18 (Definitions) b. ELDERLY AND DISABLED TAX EXEMPTION The public hearing opened at 10:21 p.m. Finance Director Norm Butts stated the proposed tax exemption given to the elderly and disabled would increase the maximum net worth from $340,000 to $440,000. This change would bring the Town back into line with recent changes enacted by the Loudoun County Board of Supervisors. There were no speakers. The public hearing closed at 10:22 p.m. On a motion by Vice Mayor Horne, seconded by Council Member Wright, the following motion was proposed: 2007-0-05 ORDINANCE Amending and reordaining Sections 17.1.1 (Real Estate Tax Relief for the Elderly or Totally and Permanently Disabled), 17-1.3 (Administration of Exemption), 17.1.4 (Requirements for Exemption), 17.1.5 (Claiming an Exemption), and 17.1.7 (Proration) of Article I (In General) of Chapter 17 (Taxation and Licenses) of the Code of the Town of Leesburg, Virginia, 1976 as amended. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez out of the room) Town Council Minutes for January 23. 2007 Paqe 12 c. ASE/ AIRPORT COMMERCE PARK PROFFER AND CONCEPT PLAN AMENDMENT The public hearing opened at 10:23 p.m. Bob Sevila, attorney for the applicant, submitted new proffers that reflected the Zoning Administrators recommended changes except for the suggested change to cost of living. Planner Chris Murphy outlined this application to amend a previously approved Concept Plan for Proffers for ZM-2002-01 to permit the elimination of proffered traffic improvements on Tolbert Lane at Miller Drive as part of the Airport Commerce Park Concept Plan. He stated the applicant claims the following improvements are no longer needed as a result of Tolbert Lane being turned into a cul-de-sac as part of the construction of Battlefield Parkway: (1) the eastbound right turn from Tolbert Lane onto Miller Drive, extended; (2) the northbound right turn lane from Miller Drive, extended onto Tolbert Lane; and (3) the westbound left turn lane from Tolbert Lane onto Miller Drive, extended. He added the proffered right turn lane on Tolbert Lane at Sycolin Road has recently been constructed by the Town at public expense. Mr. Murphy stated staff recommends denial of this application for failure of the application to construct the westbound left turn lane on Tolbert Lane onto Miller Drive as recommended per the Transportation Division. He clarified for the Mayor that since the legislation was written he has talked to Tom Mason and has a better understanding that if we don't get the turn lane we will get the money it would cost to build the lane. Council Member Wright clarified for the record the Planning Commission recommended approval of this application by a vote of 5-0-2. accepting the funds proposed by the applicant. He clarified with staff the applicant's traffic showed a Level of Service "D". Tom Mason stated the value of the proffer should be raised to the actual construction price. Council Member Reid stated the right turn land is going to be a major access point for Freedom Park and Heritage High School. Bob Sevila, 30 N. King Street, stated he represents the applicant, ASE. He stated the applicant came to Leesburg to build their headquarters and had to buy more acreage than they needed because of the lack of availability of suitable locations to suite their need for approximately four acres. This forced them into a developer situation and the need to build frontage improvements. Their traffic study showed the left turn lane from Miller Drive onto Tolbert Lane was not needed. Town Council Minutes for Januarv 23. 2007 Paqe 13 He stated at an October 22 meeting with staff and at the Planning Commission it was determined that $50,000 in lieu of building the lane was acceptable. Council Member Martinez stated the actual cost to build the lane now is $80,000. Council Member Wright stated the Planning Commission viewed Tolbert Lane as a cut-through. The public hearing closed at 10: 56 p.m. Council Member Reid, seconded by Councilmember Wright, made a motion to approve the application. 2006-0-06 ORDINANCE Approving application TLZM-2006-0002 ASE/ Airport Commerce Park to amend the concept development plan and proffers adopted as part of ZM-2005-01. Zoning Administrator Brian Boucher verified the approval includes the proffers amended through December 8 and dated January 23. 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 CONSENT AGENDA On motion by Vice Mayor Horne, seconded by Council Member Burk, the following consent agenda was proposed: 2007-10 RESOLUTION Approving a substitute performance guarantee for the Dulles Greenway - Battlefield Parkway Interchange 2007-11 RESOLUTION Accepting public improvements, releasing the performance guarantee and approving a maintenance guarantee for Potomac Station Section 8B 2007-12 RESOLUTION Approving an amendment to the FY 2007 General Fund budget and making appropriations for $74,042 awarded through a Department of Justice 2006 technology grant and $26,280 that the department received as a result of a settlement for defective equipment Town Council Minutes for January 23. 2007 Paqe 14 2007-13 RESOLUTION Approving amendments to the FY 2007 General Fund Budget and making appropriations for $34,631 awarded through a Department of Homeland Security Program Grant 2007-14 RESOLUTION Approving amendments to the FY 2007 General Fund Budget and making appropriations for $6,030 awarded through a series of donations received by the Police Department 2007-15 RESOLUTION Approving a supplemental appropriation of $1,800 to the Parks Division FY 2007 budget resulting from a donation to the Parks Division from Central Loudoun Youth Football League, Inc. 2007-16 RESOLUTION Approving a supplemental appropriation of $23,223 for the Community Development Block Grant (CDBG) Award The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 REGULAR AGENDA On a motion by Vice Mayor Horne, seconded by Council Member Burk, the following motion was proposed: 2007-17 RESOLUTION Approving the Town of Leesburg to apply for a Preserve America matching grant funds and authorizing the Town Manager to sign all related documents. Council Member Wright stated $20,000 of these consultant fees is for Court and Market Days. This event already has $60,000 designated in the budget. Therefore, he is uncomfortable with this grant. Vice Mayor Horne stated this funding is helping to create a legacy of a project to go on through the years. Council Member Wright asked if we don't get the grant, will the event still go on. Ms. Fields stated that is correct, but one of the elements we will not be able to do is writing materials to align with school curriculum. Town Council Minutes for Januarv 23. 2007 Paqe 15 Council Member Wright asked since these are funds that will be expended in next year's budget, when and how Council will see those final budget revenues. John Wells stated this program was approved last year and staff has been working to put the budget forth with the inclusion of the anticipated grant funding. He stated if we do not receive the grant, the program will be reduced. Council Member Wright stated he will abstain on this vote. Council Member Reid stated Claude Moore Park has a reenactment on the same day as Court and Market Days. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid and Mayor Umstattd Nay: None Abstain: Wright Vote: 6-0-1 On a motion by Council Member Reid, seconded by Council Member Martinez, the following motion was proposed: 2007-18 RESOLUTION Making an appointment to the Economic Development Commission - Jim Huber 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 Martinez, the following motion was proposed: 2007-19 RESOLUTION Initiating amendments to the Leesburg Town Plan to address the Service Plan for the Leesburg Executive Airport The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 1. BOARDS AND COMMISSIONS a. Airport Commission No comments b. Thomas Balch Library Commission No comments c. Board of Architectural Review Council Member Reid stated Foster's Grill might be coming to Leesburg. Town Council Minutes for January 23. 2007 Page 16 d. Cable Television Advisory Commission No comment e. Commission on Public Art No comment f. Economic Development Commission Council Member Hammier stated Bob Skunda will be making a presentation to the EDC as he was unable to attend the last meeting. g. Environmental Advisory Commission Council Member Burk stated the Commission has noticed there is not a lot of recycling going on in Town Hall. h. Information Technology Commission Council Member Martinez reminded everyone of the IT Forum at Ida Lee Park on February 6. i. Parks and Recreation Commission No comment j. Planning Commission No comment k. Tree Commission Council Member Reid stated the Tree Commission is proud to report they have put $6,000 in trees into the Tree Bank adding the CIP Guidelines are working to preserve trees. I. Standing Residential Traffic Committee Council Member Reid stated they will discuss Mr. Dewar's suggestion for the intersection of West Market and Memorial Drive. Council Member Burk asked the outcome of the stop signs on Meade Drive. Vice Mayor Horne stated she had reported back to Council regarding the use of speed cushions. Council Member Reid stated the committee has not been asked to review speed cushions for Meade Drive, they are installing them in other locations that have speeding complaints. J. OLD BUSINESS a. SW Trail Project b. Alley Project K. NEW BUSINESS a. On a motion by Council Member Martinez, seconded by Council Member Wright, the following motion was proposed: MOTION Town Council Minutes for Januarv 23. 2007 Page 17 Transmitting a letter to the Loudoun County Board of Supervisors regarding the Crosstrail application ZMAP 2005-0011 Council Member Reid stated on Page Two and Four of the letter transportation off-site funding, we should say Battlefield Parkway "east" of the Dulles Greenway/Battlefield interchange. Council Members Martinez and Wright agreed to the friendly amendment. It was then suggested by the Town Manager to just say Battlefield Parkway without any directional reference. Council was in agreement. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 b. On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the following motion was proposed: 2007-20 RESOLUTION Approving a revised plan of action for use of the A.V. Symington donation to provide public recreation improvements at Ida Lee Park John Wells stated the construction completion date for the pool is May 2009. He stated the design has been delayed for months because of the shortfall for funding. He stated staff had hoped to get some indication from the County regarding the O'Connor property. He stated any further delay could impact the completion date. Further, he suggested moving forward with tonight's resolution and continuing to work with the O'Connor family. Council Member Wright stated land acquisition should be a top priority. Council Member Martinez stated his agreement and the pool will be a good revenue generator. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 c. On a motion by Council Member Hammier, seconded by Council Member Wright, the following motion was proposed: 2007-21 RESOLUTION Town Council Minutes for January 23. 2007 Page 18 Authorizing a plan to complete funding of Battlefield Parkway from Kincaid Boulevard to Route 7 The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: Vote 7-0 L. COUNCIL COMMENTS Council Member Burk congratulated Leadership Loudoun on their forum on public arts. Vice Mayor Horne stated she attend the Leesburg Volunteer Rescue Squad Banquet. She disclosed a conversation with Ed Byrne of KSI regarding Dominion Virginia Power Transmission Lines. Council Member Martinez thanked staff for providing him tapes of the Council meetings while he was home recuperating from surgery. He disclosed a meeting with Scott Gustavson and Bob Sevila regarding potential development. Council Member Hammier stated her appreciation to the homeless advocates and neighbors who came out to talk about emergency shelters. She stated she would support a letter to Transportation Secretary Pierce Homer on the progress of Town staff and VDOT on Battlefield Parkway. She reported Parks and Recreation has hired a Tennis Pro, Moses Glitten. Also, she asked that Parks and Recreation or the Master Gardeners undertake landscaping the traffic circles on Catoctin at Marshall Drive and North Street. Council Member Wright thanked all who have been involved in the homeless shelter ordinance. He thanked everyone for the team effort on Battlefield Parkway. Council Member Reid disclosed a meeting and phone conversation with Jeff Saxe and Mike Banzaph regarding Crosstrail. He stated Alex Mai will be greatly missed on the Economic Development Commission. He stated the Wegman's interchange on Rt. 7 does not seem to be moving forward with VDOT. They are looking at a 2009 opening. Town Council Minutes for Januarv 23. 2007 Page 19 M. MAYOR'S COMMENTS Mayor Umstattd disclosed a meeting with Bob Sevila and Scott Gustavson to discuss their project. She stated they talked about downtown parking and is unsure the Town has the money to build another garage in the near future. N. MANAGER'S COMMENTS The Town Manager had no comments. O. CLOSED SESSION On a motion by Mayor Umstattd, seconded by Council Member Martinez, the following closed meeting motion was proposed: Pursuant to Section 2.23711(A)(7) and Section 2.23711(A)(l) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to discuss legal matters relating to water and sewer rates; availability fees and a personnel matter. The motion to convene in a closed session 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 Mayor Umstattd, seconded by Council Member Martinez, the following was proposed: In accordance with Section 2.20-3712 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 opening 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 to certify the closed meeting was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 P. ADJOURNMENT On a motion by Council Member Wright, seconded by Council Member Martinez, the meeting adjourned on Wednesday, January 24, 2007 at 12:50 a.m. ~C\~~ ~.. mstattd, Mayor Town of Leesburg ATTEST: 2007 _tcmin0123