HomeMy Public PortalAbout2007_02_20
COUNCIL MEETING
February 20, 2007
Continued from February 13. 2007
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, Chief of Police Joe Price, Director of Planning, Zoning and Development Susan Swift,
Airport Director Tim Deike, Director of Utilities Randy Shoemaker, Deputy Zoning
Administrator Kevin Lawlor, Preservation Planner Annie McDonald, Planner Wade
Burkholder, Management Specialist Tami Watkins and Clerk of Council Judy Ahalt.
AGENDA
ITEMS
A. Invocation by Reverend Stinger
B. Salute to the Flag was led by Mayor Umstattd
C. Roll Call showing Council Member Reid absent
D. Minutes
a. Town Council Regular Session minutes of October 11, 2006
On a motion by Council Member Martinez, seconded by Council Member
Wright, the minutes were approved by a 6-0-1 vote (Reid absent).
b. Town Council Work Session minutes of November 13, 2006
On a motion by Council Member Burk, seconded by Vice Mayor Horne, the
minutes were approved by a 5-0-1-1 vote (Reid absent and Martinez abstaining).
c. Town Council Regular Session minutes of November 14, 2006
On a motion by Council Member Martinez, seconded by Council Member
Hammier, the minutes were approved by a 6-0-1 vote (Reid absent).
E. Presentations
a. Resolution of Appreciation - Adam Elliot Bell
On a motion by Council Member Martinez, seconded by Vice Mayor Horne,
the following resolution was approved by a 6-0-1 vote (Reid absent):
Resolution of Appreciation
Adam Elliot Bell
WHEREAS, Adam Elliot Bell is a life long resident of the Town of Leesburg; and
WHEREAS, Mr. Bell attended Loudoun County Public Schools as a special
education student and graduated from Loudoun County High School in 1995; and
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Page 2
WHEREAS, Mr. Bell has been a valued employee of the Town of Leesburg, serving
as a custodian with the Parks and Recreation Department since 2000; and
WHEREAS, even in this time of great growth within our community Mr. Bell has
continued to be an easily recognizable face around Leesburg by attending and
participating in a wide array of events throughout the Town and County.
WHEREAS, Mr. Bell has volunteered his service to the community for many years
including service on the Thomas Balch Library's Black History Committee and
numerous committees of the Loudoun County branch of the National Association for
the Advancement of Colored People including the Legal Redress Committee, the Golf
Tournament Committee, the Elections Committee, the Banquet Committee, the Black
History Month Committee and the Marie Medloy-Howard Awards Committee; and
WHEREAS, Mr. Bell attends Mt. Olive Baptist Church where he is a member of the
Men's Chorus, the Gospel Chorus, the Senior Chorus, the Usher Board, the Calendar
Committee and the Men's Fellowship Committee; and
WHEREAS, Mr. Bell serves as a role model for us all as his ability to interact
totally naturally and comfortably with all races of people has demonstrated what a
colorblind society could be.
THEREFORE, RESOLVED that the Mayor and Council of the Town of Leesburg in
Virginia hereby recognize and commend Adam Elliot Bell for his exceptional sense of
community pride, his perseverance against obvious odds, and his service to the
Town of Leesburg and its citizens.
b. Proclamation - Loudoun County Chapter of the Red Cross - Carol Barbe
On a motion by Vice Mayor Horne, seconded by Council Member Burk, the
following proclamation was approved by a 6-0-1 (Reid absent) and presented to
Carol Barbe:
PROCLAMATION
Loudoun Red Cross 90th Anniversary
February 2006
WHEREAS, for 90 years the Loudoun Red Cross and its thousands of volunteers
and donors have served the citizens of Loudoun County; and
WHEREAS, the Loudoun Red Cross has assisted countless residents in times of
need, including their response to 35 local emergencies in the past year; and
WHEREAS, the scope of the Loudoun Red Cross's efforts extends beyond disaster
relief to the organization of blood drives, assistance to military personnel and
families and instruction in CPR and First Aid; and
WHEREAS, during this year of celebration the Loudoun Red Cross plans to "focus
on the spirit of the volunteers, donors, partners and employees who support the Red
Cross mission of humanitarianism"; and
WHEREAS, it is fitting to recognize the many accomplishments and contributions
of the Loudoun Red Cross as we celebrate their 90 years of service to the
community.
Town Council Meeting of February 20, 2007(rescheduled from 2/13/07
Page 3
THEREFORE, RESOLVED, the Mayor and Council of the Town of Leesburg in
Virginia hereby congratulate the Loudoun Red Cross on their 90th anniversary and
extend our gratitude to their many donors, volunteers and employees.
c. Green Building Presentation -Laurel Dumene
Laurel Dumene, LEED Accredited Professional with Dewberry's Land Design Team,
discussed the environmental sustainability needs of today without compromising the
ability of future generations to meet their needs.
Ms. Dumene explained the LEED Program which is a leading-edge system for
certifying design, construction and operations of the greenest buildings in the world.
She stated green buildings are scored for their different aspects of efficiency and
design in appropriate categories. For instance, LEED gives credits in the following
areas: (1) site planning; (2) water management; (3) energy management; (4)
material use; (5) indoor environmental air quality; and (6) innovation and design
process.
She showed examples of green roofs, rain gardens, pervious pavers, and green
power. She added green buildings can increase testing performance in schools,
earlier discharges from hospitals, increase sales in retail, increase production in
factories and increase productivity in offices.
In conclusion, she stated green building design strives to balance: (1)
environmental responsibility, (2) resource efficiency, (3) occupant comfort and well
being, and (4) community sensitivity.
Council Member Burk suggested this presentation be shared with the Loudoun
County School Board as they are building numerous new schools each year.
Ms. Dumene stated that 95 green buildings are registered in the state.
Council Member Martinez stated the need to have a certified LEED engineer on
staff. He also stated it would benefit the Environmental Advisory and Tree
Commissions to see this presentation.
He clarified with Ms. Dumene that solar and wind energy is viable options in this
area of the country.
Council Member Hammier thanked Ms. Dumene for the report and asked for a
report back from staff on applying these policies from a Town Plan perspective.
Mayor Umstattd stated when Council was looking at revisions to the Zoning
Ordinance they used some green recommendations relating to the code for
driveways changing to asphalt, grasscreet or a pervious material.
c. Planning Commission Annual Report - Ted Kalriess
He stated last year they tackled the Town Plan and are now taking on Zoning
Ordinance amendments, Town Plan and code amendments process improvements.
They want to improve the process so we are user friendly and citizen friendly. He
stated they have worked on the Crescent District Master Plan and will be addressing
additional code amendments.
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Council Member Burk thanked Mr. Kalriess and the Planning Commission for their
dedicated work.
Vice Mayor Horne stated her appreciation to the Planning Commission's
dedication and long hours of work.
Council Member Martinez asked to see a matrix on how the process
improvements are working.
Commissioner Kalriess stated the need to continue to meet the needs of the
future growth. He added, there are a few applications going through with the
modified process. Under this new process staff will able to anticipate a date the
application will be completed.
Council Member Hammier asked for a more in depth review of the modified plan
review process and recommended collaboration with Loudoun County Planning.
She stated Bob Skunda with the Biotech Center will be in Leesburg on March 21
and suggested the Planning Commission send a representative to the meeting.
Council Member Wright thanked Mr. Kalriess for the report and the hard work of
the Planning Commission.
Council Member Burk asked the possibility of considering a 3-D application of
buildings as to compare streetscape, height, etc.
Mr. Kalriess stated the Planning Commission will take that under consideration.
Mayor Umstattd apologized to Ms. Hower's preschool class at Loudoun Country
Day School She stated she will not be able to read their booklet on, "How to be a
better Mayor," tonight. It will be rescheduled to February 27, 2007.
F. Airport Lease Bid Opening - continued from February 13, 2007
The bid opening began at 8:15 p.m.
The Mayor stated the bid is for the Leesburg Executive Airport Corporate Commercial
Hangar Pad Lease.
Mayor Umstattd read bid No. 600710 - FY 07-03. The site is located at 1001 Sycolin
Road SE, is to be developed and used under the most current development plan as required
in the lease and most current airport layout plan. The site consists of approximately 33,140
sq. ft. She stated one bid was received by the deadline. That bid was from J.B. Associates,
LLC, Joe T. May, President.
She asked if there were any other bids from the floor.
There was one response from HHH Leesburg Hangar, LLC.
The Mayor declared the bidding closed at 8: 18 p.m. with a recommendation from
staff in March for award.
G. Petitioners
The petitioners section opened at 8: 19 p.m.
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Earl Hower. 111 Plaza Street, NE, addressed Council on behalf of the Tree
Commission and in support of the Tree Preservation and Replacement Guidelines. He
commended the Capital Projects Management Department for recognizing the need for
guidelines for a tree preservation plan.
Bob Sevila asked the status of the on Dodona Manor appeal.
Mayor Umstattd stated the appeal will be heard at a public hearing later in this
meeting.
John Wells stated Council will have to officially make a decision to uphold, overturn,
table or dismiss the decision of the Board of Architectural Review.
Further, he urged Council to adopt the resolution for a joint public hearing on the
expansion of Union Cemetery.
Michael Blair, 235 Market Street, addressed Council regarding the traffic signal at
Memorial Drive and W. Market Street. He stated his driveway on Market Street is at the
proposed intersection.
He added the new 100,000 square foot medical office building at Loudoun Memorial
Hospital will generate 80% as much traffic as currently exists at that intersection.
He asked Council's assurance that some measures of relief will be made to
ensure that he and his neighbor will be able to exit their driveway.
Mayor Umstattd kept the petitioner's section open.
H. Public Hearing
The public hearing opened at 8:30 p.m.
a. Appeal of Board of Architectural Review case TLPH-2006-0109 - Dodona Manor
Fence
Annie McDonald explained the four draft motions prepared for Council's
consideration.
Mayor Umstattd read the proposed motions as follows:
To uphold the decision of the Board of Architectural Review in cases TLAP-2007-
0001 and TLAP-2007-0002, rendered on December 18, 2006, for the following
reasons: (1) the board acted in accordance with the applicable laws and
regulations, (2) the board's action did not constitute an abuse of discretion.
To overturn the decision of the Board of Architectural Review in cases TLAP-
2007-0001 and TLAP-2007-0002, rendered on December 18, 2006, for the
following reasons: (1) the board acted in a manner contrary to the applicable
laws and regulations and (2) the board's action constituted an abuse of
discretion.
To table action on appeal cases TLAP-2007-0001 and TLAP-2007-0002 until such
time as the location of the fence in a front yard or side yard has been determined
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by the Zoning Administrator and, on appeal, by the Board of Zoning Appeals and
the Circuit Court of Loudoun County.
To dismiss appeal cases TLAP-2007-0001, filed on January 12, 2007, and TLAP-
2007-0002, filed on January 17, 2007, because, based on the advice of the Town
Attorney, Zoning Ordinance Section 10.4.5.6(1) prohibits a six-foot-tall fence in a
front yard and this application cannot be processed unless a variance was first
obtained.
The Mayor stated her preference to have a public hearing.
Council Member Reid made a motion, seconded by Council Member Wright, to
table action on appeal cases TLAP-2007-0001 and TLAP-2007-0002 until such time
as the location of the fence in a front yard or side yard has been determined by the
Zoning Administrator and, on appeal, by the Board of Zoning Appeals and the Circuit
Court of Loudoun.
Council Member Burk verified under this motion the Zoning Administrator will
have to render an opinion as to whether a six-foot fence can be in the front yard.
Brian Boucher stated the Zoning Ordinance does not allow a six-foot fence in a
front yard.
Council Member Burk added it would make more sense to dismiss the appeal.
Council Member Wright stated it would be premature to have a hearing until the
appeal process is completed.
Ben Lay, representing one of the appellants, asked Council to table this item in
order to give Dodona Manor the opportunity to work out the zoning issues. He
stated if the Zoning Administrator overturns the decision, they will return to Council.
Bob Sevila agreed with Mr. Lay and suggested deferring until the Zoning
Administrator made his decision.
The motion to table was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and
Mayor Umstattd
None
7-0
Nay:
Vote:
b. Appeal of Board of Architectural Review case TLPH-2006-0140 - traffic signal at
Market Street and Memorial Drive
Mayor Umstattd read the proposed motions as follows:
To uphold the decision of the Board of Architectural Review in case TLAP-2007-
0003, rendered on December 18, 2006, for the following reasons: (1) the board
acted in accordance with the applicable laws and regulations and (2) the board's
action did not constitute an abuse of discretion.
To overturn the decision of the Board of Architectural Review in case TLAP-2007-
0003, rendered on December 18, 2006, for the following reasons: (1) the board
Town Council Meeting of February 20, 2007(rescheduled from 2/13/07
Page 7
acted in a manner contrary to the applicable laws and regulations and (2) the
board's action constituted an abuse of discretion.
To dismiss appeal case TLAP-2007-0003, filed on January 16, 2007 because,
based on the advice of the Town Attorney that is consistent with other
jurisdictions with boards of architectural review, Section 46.2-1312 of the Code of
Virginia removed jurisdiction from the BAR.
That Town staff meet with the BAR and seek input on the options for traffic
signals that are available from VDOT and in doing so, create a uniform look to the
downtown area.
Bruce Dewar asked that a turn lane not be placed at the intersection.
He asked for staff to take another look at the traffic signal design and set a policy
on what traffic lights should look like in the Historic District.
Mayor Umstattd stated she wants the appellant to be sure of Council's
options.
Mayor Umstattd stated the overturn option with an addition to the second
paragraph (adding the neighbors and community input) would accomplish what
Mr. Dewar is asking for.
Council Member Reid stated he would like to hear from Tom Mason.
Mr. Dewar suggested using three smaller poles with an arched arm for the
traffic signal.
Council Member Reid stated this is a proffered traffic light.
Council Member Burk stated Falls Church has a wonderful example of street
lights.
Vice Mayor Horne stated paragraph two of option 3 should include input by
the neighboring community.
Brett Davis, 241 West Market Street, stated his concern with the safety of a
left turn lane on Market Street. It will force thru traffic to the right side of a
substandard width sidewalk. He also reminded Council that Market Street is a
Snow Emergency Route.
Mr. Davis stated he will have to back out of his driveway into the thru lane.
John Rocca, Brothers Signal Company, stated his company designed the
traffic signal and the pole for the traffic signal would have an aluminum base.
He added King and Market Street have the same design, except with a fluted
pole. He stated the signal is on their smallest structure to make a minimal
impact. He stated there are no alternatives or options on the arm.
He stated there is only one location to put the poles and the light will help
control traffic speed.
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Page 8
He stated the timing plan of the signal will give citizen's time to get in and out
of their driveways, but it cannot control private entrances. He added the idea of
three poles would have great financial impact.
Ms. Beach stated the State Code trumps local code, but the community has
the right of input.
Council Member Hammier asked what we do with the appeal and design. She
added we can add the input of the BAR and citizens
Council Member Wright stated the motion could be revised to allow further
discussion on the intersection and pole design.
This was accepted as an amendment to option 3.
Ron Rogers, Cornwall Street, asked for reconsideration of the pole and the
traffic signal and the need to preserve the old town look.
James Waylan, representing the developer of the medical office building,
stated the intersection of Cornwall and Market Streets would require a traffic light
by 2008 with out construction of the office building. He added there were
requirements to put in the light. Further, they have discussed all of the options
with the BAR.
Michael Blair stated VDOT studies reflect traffic counts are going down in this
area.
Mayor Umstattd stated she would direct staff to meet with the BAR and the
community. She verified this item could come back to Council at the first
meeting in April.
The public hearing comment closed at 9:28 p.m.
Vice Mayor Horne proposed a motion, seconded by Council Member Burk, to
have Town staff meet with the BAR and the neighboring community to seek input
on options for traffic signal designs that are available from VDOT and in doing so,
create a uniform look to the downtown area.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Wright and Mayor Umstattd
Nay: Reid
Vote: 6-1
c. Rezoning Application TLZM-2005-0002 Amendment to existing Oaklawn Rezoning
Concept Plan and Proffers
The public hearing opened at 9:29 p.m.
Mr. Burkholder stated the application is for a concept plan and proffer
amendment, automotive service station location flexibility and an increase in day
care square footage. He provided a slide presentation showing the location of the
proposed changes.
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Page 9
He stated the automotive service station and day care center will require a
special exception.
After working with the applicant, staff recommends approval of this rezoning
concept plan and proffer amendment.
He added the Planning Commission did vote 4-2 for denial of this application.
Ms. Colleen Snow, attorney for the applicant, stated there would no increase
of traffic and the automotive service station would give them the option to relocate
within the site.
Council Member Reid asked when Hope Parkway would begin construction.
Mr. Andy Shuckra of Oaklawn, LLC stated approval of this application would
allow construction to begin in 2008.
There were no petitioners.
The public hearing closed at 9:40 p.m.
On a motion by Council Member Wright, seconded by Vice Mayor Horne, the
following was proposed:
2007-0-07
ORDINANCE
Approving TLZM-2005-0002 Oaklawn Rezoning and Concept Plan Amendment
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 Wright clarified the applicant will be able to add 2,500 square
feet and the ability to move one use.
He clarified with the Zoning Administrator that if the usage goes over 100,000
square feet a public hearing would be necessary.
I. Legislation
I ORDINANCES
None
CONSENT AGENDA
Council Member Burk asked to remove #7 from the consent agenda.
Council Member Wright asked to remove #5 and #6 from the consent agenda.
On a motion by Vice Mayor Horne, seconded by Council Member Wright, the
following consent motion was proposed:
Town Council Meeting of February 20, 2007(rescheduled from 2/13/07
Page 10
2007-22
RESOLUTION
Accepting the public improvements, releasing the performance guarantees, and approving
maintenance guarantees for public improvements at Potomac Station Sections 8D, 8E, and
8F.
2007-23
RESOLUTION
Authorizing an agreement, approving a performance guarantee, and water and sewer
extension permits for Potomac Crossing Church of Latter-Day Saints.
2007-24
RESOLUTION
Requesting the Virginia Department of Transportation accept certain streets.
2007-25
RESOLUTION
Declaring the Town's intention to reimburse itself from the proceeds of one or more
financings for Capital Projects.
2007-29
RESOLUTION
Awarding the design and engineering services contract for Battlefield Parkway from
Evergreen Mill Road (Rt. 621) to South King Street (Route 15) to Rinker Design Associates,
P.c.
The consent motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
REGULAR AGENDA I
On a motion by Council Member Martinez, seconded by Council Member Hammier,
the following motion was proposed:
2007-26
RESOLUTION
Authorizing a joint public hearing for special exception application TLSE-2007-0001 Loudoun
County Temporary Commuter parking lot and TLOA-2006-0005 amending the Zoning
Ordinance definition of temporary commuter parking lot
Council Member Wright stated the Planning Commission questioned why a joint public
hearing is requested for this item.
Betsy Fields stated the applicant has requested a joint public hearing to speed up the
process.
Council Member Wright asked if we can use one advertisement to meet two public
hearing dates.
Ms. Beach stated as long as there is no more than 21 days between hearings.
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Page 11
Council Member Hammier stated she associated Mr. Sevila's comment was in
reference to legal fees.
John Wells stated the concern is with timing and continuing services.
Council Member Wright stated nothing binds the Planning Commission to vote at a
joint public hearing.
The motion was adopted by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid and Mayor Umstattd
Nay: Wright
Vote: 6-1
On a motion by Council Member Martinez, seconded by Council member Hammier,
the following motion was proposed:
2007-27
RESOLUTION
Authorizing a joint public hearing for Special Exception Application TLSE-2006-0008 Union
Cemetery, Inc. expansion.
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 Reid, seconded by Vice Mayor Horne, the following
motion was proposed:
2007-28
RESOLUTION
Making an appointment to the Commission on Public Art -R. Bruce Gemmill
Council Member Burk stated Mr. Gemmill does not actually live in the Leesburg
corporate limits. She stated he is very active in performing arts arena and hopefully he
understands this appointment would be for public art only. She stated her desire to appoint
commission members who are living in Leesburg.
The motion was approved by the following vote:
Aye: Hammier, Horne, Reid, Wright and Mayor Umstattd
Nay: Burk and Martinez
Vote: 5-2
On a motion by Council Member Hammier, seconded by Council Member Reid, the
following motion was proposed:
2007-30
RESOLUTION
Adopting a Tree Preservation and Replacement Guidelines for Capital Projects and authorize
the Town Manager to make future revisions.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
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Page 12
Nay: None
Vote: 7-0
On a motion by Vice Mayor Horne, seconded by Council Member Hammier, the
following motion was proposed:
MOTION
To endorse a formal proposal/letter to Loudoun County regarding the location of the of
County office space proposals
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
2007-31
RESOLUTION
Authorizing the Town Manager to advertise a notice of public hearing for adjustments to
water and sewer user fees
Council Member Wright, seconded by Council Member Martinez, made a motion to
advertise a public hearing on water rates for March 13.
Council Member Martinez clarified this resolution to hold a public hearing on the
worst case scenario which is a 50% surcharge over a five year period.
John Wells stated the worst case scenario would be for no change for water; however
the rate for sewer would be higher. He added all options are on the table.
Vice Member Horne stated it will include the possibility of raising in-Town rates.
Council Member Reid asked for a friendly amendment to have staff include a table in
this ad showing current and future rates.
Council Member Reid withdrew his amendment.
Further, he asked that any ad make reference to the Town website for information
on the rate structure.
The motion to amend was accepted.
Council Member Hammier requested a work session item on March 12 to look at
options of an operational audit.
The motion as amended was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
Council Member Reid stated he wants to be sure in-town customers know that we
are considering raising their rates 65% over five years.
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Page 13
On a motion by Council Member Burk, seconded by Vice Mayor Horne, the following
motion was proposed:
2007-32
RESOLUTION
Authorizing acceptance of the land dedication option of proffer 12(A) of #ZM-159 Oaklawn
at Stratford
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
J. Boards and Commissions
a. Airport Commission
Vice Mayor Horne commended the Airport staff for their expeditious snow
removal efforts. She reported the Commission received a presentation at their last
meeting from Shared Flight Aviation who is interested in locating a base at our
airport.
b. Thomas Balch Library Commission
There was no comment.
c. Board of Architectural Review
There was no comment.
d. Cable Television Advisory Commission
Council Member Hammier stated the Commission will receive a briefing on
emergency messaging and innovative technology next month.
e. Commission on Public Art
There was no comment.
f. Economic Development Commission
There was no comment.
g. Environmental Advisory Commission
There was no comment.
h. Information Technology Commission
There was no comment.
i. Parks and Recreation Commission
There was no comment.
j. Planning Commission
There was no comment.
k. Tree Commission
There was no comment.
I. Standing Residential Traffic Committee
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Page 14
Council Member Reid stated the Committee had an hour long discussion on
the Memorial Drive intersection the possible parking garage at the medical office
building.
Council Member Burk asked the status of the stop signs on Meade Drive.
Council Member Reid stated it has not been discussed.
Council Member Wright stated final reports from the committee and the SRTC
did not find a consensus.
There was further discussion of the recommendations.
K. Old Business
a. Alley Project
John Wells stated there is nothing new to report.
L. New Business
a. Legislative Update
Nicole Ard provided an update on proposed legislation priorities. She stated
Battlefield Parkway did not get approval of the $25 million proposed by Delegate
May.
She stated the gunfire bill which would potentially limit gunfire within half
mile of subdivisions has reached the Senate.
She stated our main priority is to get the Charter Bill approved.
b. Council Rules of Order
Council Member Wright stated that on Page 2, Section 2-25 new business
may be transacted at special Council meetings if all Council Members were present.
John Wells stated this correct; it is not paraphrased.
He stated his agreement with non-staff comments being limited to five
minutes or perhaps comments being limited to petitioners. Further, he strongly
agrees with limiting work session items to only include items for general discussion
and direction. He also suggested the possibility of not having staff presentations
when Council is comfortable with out.
The Mayor stated she is sensitive to staff time and spending staff time on
items that have majority support.
Council Member Martinez discussed etiquette issues which frustrates him.
One is limiting discussion to the motion on the table and interruptions without being
recognized during comments. He suggested limiting discussion to two to three
minutes uninterrupted.
Mayor Umstattd stated everyone on Council is generally very courteous.
Council Member Hammier asked how we can handle outside presentations.
The Mayor suggested a 7:00 p.m. presentation time.
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Page 15
Mr. Wells stated he would like to limit a total of 30 minutes for presentations
on the regular agenda. This will required limiting the number of presentations at a
given meeting.
Council Member Hammier stated the green presentation would have been
more suitable to present at commissions meetings and then return to Council for
action.
Council Member Wright suggested that work sessions should be limited to
discussion on work session items and a business meeting would be for business
meetings only. Also he stated the three meeting idea would work well with his work
schedule.
Vice Mayor Horne commended Mr. Wells for trying to manage agendas. She
stated the three monthly meeting will further complicate schedules.
The Mayor stated the reason for the 7:00 p.m. presentation time was to
lighten.
Council Member Reid stated the ordinance says Council meetings start at 7:00
p.m., but his preference is 7:30 p.m. meetings.
There was further discussion on meeting dates and times.
M. New Business for Consideration at a future meeting
a. Creation of a Town Charter Task Force
Council Member Wright stated Council first needs to vet out if we want to
become a city.
Mayor Umstattd stated if we consider city status, how much time will it take
to prepare a fiscal impact study.
John Wells stated he is not prepared to answer that question.
Council Member Martinez stated the State has a moratorium.
Council Member Hammier stated a fiscal impact study would be appropriate
when we have a better sense of what is happening with annexation.
Ms. Beach stated that the moratorium runs through 2010 but it may be
extended by the General Assembly.
b. Efficiency audits for Town departments
Vice Mayor Horne stated efficiency audits are under the purview of the Town
Manager and is in context of performance measures within the budget. She asked
Mr. Wells to layout a strategy to manage this through performance measures.
c. BAR enforcement
Council Member Reid made a motion, seconded by Council Member Martinez
to suspend the rules and ask the Town Attorney or Deputy Town Attorney to attend
BAR meetings.
Town Council Meeting of February 20, 2007(rescheduled from 2/13/07
Page 16
The motion to suspend the rules failed by the following vote following vote:
Aye: Hammier, Martinez, Reid
Nay: Burk, Horne, Wright and Umstattd
Vote: 3-4
d. H-l & H-2 Guidelines
No comments.
N. Council Comments
Council Member Reid had no comments.
Council Member Wriaht stated he is pleased that Oaklawn proffer amendment action
was taken. He asked Mr. Wells and staff to look at the application as a case study on how
an application should not run through our processes.
He added there is some confusion on what the Town Attorney needs to review.
Hopefully in the future the new development process will help with applications.
Council Member Hammier disclosed a phone conversation with Mike Banzhaf on
Crosstrail proffers and water and sewer issues.
She also disclosed a call from Stu Curley regarding the out-of-Town water rate
surcharge.
She asked that staff notify the Loudoun County Board of Supervisors to let them
know we are advertising a public hearing for the water rate discussion.
Mr. Wells stated he will update the Board of Supervisors on the status of our water
rate actions.
Council Member Hammier reminded Council that Bob Skunda will be in Leesburg on
March 21 at 5:30 p.m.
She also sent her condolences to the Bangert family.
Council Member Martinez disclosed a discussion with Ed Byrne on the KSI
application.
He stated his excitement about the green building presentation and hoped Council
can consider some of these measures in the Town Plan.
Vice Mayor Horne reported talking with Dave Bowers with Volmer Engineering
regarding the County Office Building relocation and some difficulties his client is having on
their Fort Evans Road Project.
She reported talking to Nancy Duke, Delegate May's legislative aide, and Mark
Herring who spoke favorably about the Charter Bill.
She reported she has a vacancy on the Environmental Advisory Commission.
Further, she congratulated the Town Manager on being accepted into the LEAD
Virginia Program.
Town Council Meeting of February 20, 2007(rescheduled from 2/13/07
Page 17
Council Member Burk stated regarding her vote for Council Member Reid's appointee
to the Public Arts Commission; she is a stickler for residents of the Town serving on
commissions.
She asked that Acoustics on the Green be allowed to use Town Hall in the event of
rain.
She commended the Mayor for presenting Crosstrail comments to the Board of
Supervisors.
o. Mayor's Comments
Mayor Umstattd disclosed a meeting with Fred Moorefield and Kristen Duet regarding
the 4th of July celebration planned for Dodona Manor. She stated they also discussed the
fence issue.
She stated Doug Fleming has asked for guidance in working with Arcadia
Development and the County to establish a full time homeless shelter. She stated he was
directed to the appropriate County department.
She commended the Leesburg Police Department for how they handle school issues.
She added if any parent is fearful of potential violence in the schools, they should
contact the police department directly.
P. Manager's comments
John Wells stated he had a conference call with Senator Mark Herring and Delegate
May on the Charter Bill to discuss the potential limiting design guidelines for single family
units.
He related to them that of most importance is the affordable housing bill.
He stated new proffers have been received for Crosstrail and Scott Parker will be
forwarding them to Council.
He stated the County Transportation and Land Use Committee will be meeting next
Monday. He stated the Board is looking forward to a response relating to water and sewer
and the possibility of a dual system with LCSA on Sycolin Creek.
Q. Adjournment
On a motion by Council Member Martinez, seconded by Council Member Burk, the
meeting adjourned at 11:01 p.m.
ATTEST:
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