HomeMy Public PortalAbout2007_03_27
COUNCIL MEETING
March 27, 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.
Council Members 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 Dentier, 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 Deputy Clerk of Council Debi
Pa rry
Plannina Commission Member Present: Ad Barnes, Brett Burk, David Butler,
Thomas Dunn, Earl Hoovler, Kathryn Milier, and Chairman Ted Kalriess.
AGENDA ITEMS
7:00 Presentation - County Office Proposal - KSI Services & Boston
Properties
Gary Klaeik, KSI, outlined three potential sites for the Loudoun County Office
building on the Villages at Leesburg property. He stated this site would provide the
County with a mixed use environment with residential, retail and office.
Council Member Burk asked the location of Wegmans on the property.
Mr. Klaeik stated the Wegmans site backs to Route 7 and is located near the
future interchange.
Vice Mayor Horne verified one of the potential sites includes the intersection
of RusseIl Branch Parkway and Battlefield Parkway.
There was further discussion regarding the potentiallocations for the County
Government Center on this site.
Mr. Klaeik stated he met with County procurement staff who stated they
would prefer a location near the mixed use center.
A. Invocation by Council Member Wright
B. Salute to the Flag was led by Mayor Umstattd
C. RoU CaU showing all present
Town Council Minutes for March 27. 2007
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D. Minutes
a. Work Session Minutes of December 11, 2006
On a motion by Council Member Martinez, seconded by Council
Member Wright, the minutes of December 11, 2006 were approved by a 7-0
vote with minor edits.
E. Presentations
a. Police Recognition of Citizens
Chief Price recognized Sean Wortherspoon and Omar Alkhairo for
aiding a woman who was attacked by a rabid raccoon while walking on the
W&OD Trail.
b. Proclamation - KOVAR Week
On a motion by Council Member Martinez, seconded by Council
Member Burk, the following motion was approved by a 7-0 vote and
presented to Stephen McMahon of the Kinghts of Columbus Holy Family
Council No. 6831:
PROCLAMATION
KOVAR WEEK
APRIL 1.6 - APRIL 22, 2007
WHEREAS, The Knights of Columbus Holy Family Council's of Virginia
have been organizing their annual KOVAR (Knights of Virginia Assisting Citizens
with Mental Retardation) since 1971; and
WHEREAS, over the past 26 years the Knights of Columbus have
collected and distributed over $10 million for organizations that assist residents
of Virginia with mental retardation; and
WHEREAS, KOVAR grants have provided much needed assistance to
organizations in Leesburg, including ARC of Loudoun County, Loudoun County
Government, Hebron Community, Inc., ECHO, and the Special Recreation
Advisory Board Inc.; and
WHEREAS, last year the Knights of Columbus Holy Family Council No.
6831 in Leesburg raised $618,000 and have set a goal of $650,000 for 2007.
THEREFORE, RESOLVED, the Mayor and Council of the Town of
Leesburg in Virginia hereby proclaim the week of April 16-22, 2007 as KOVAR
Week in the Town of Leesburg and extend our thanks to the Knights of
Columbus Holy Family Council No. 6831 for their dedication, leadership and
efforts on behalf of the citizens of the State of Virginia, Loudoun County and
the Town of Leesburg.
PROCLAIMED this 27th day of March 2007.
c. Economic Development Commission Report
Ara Bagdasarian, Economic Development Commission Chair (EDC),
presented an update to Council on the Commission's activities. He stated the
2006 highlights included the Medical Automation Conference, the published
Guide to Doing Business, and the Commission's adoption of a task force
structure.
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Mr. Bagdasarian discussed each of the current task forces including,
(1) First Floor Retail Task Force, (2) Performing Arts Center Task Force, (3)
Business Process Improvement Task Force, (4) Downtown Market Study Task
Force, and (5) County Office Relocation Task Force). Further, he outlined the
Commission's goals for the coming year.
Council Member Burk stated these efforts will have a major impact on
the Town and commended the Commissioners for their efforts.
Vice Mayor Horne thanked the Commission for their efforts stating
their scope of work has increased since she served on the Commission.
Council Member Martinez stated the Commission is also working with
the Information Technology Commission to conneet Leesburg. He stated
another goal of the Commission is to jointly plan the economic development
strategy with the Council.
Council Member Hammier thanked the Commission members in
attendance and recognized Larry Rosenstrauch and Dorri Morin from Loudoun
County. She stated it is important that we not only discuss the Town's goals,
but that we also work together with the County. Further, she stated this is
particularly true with the biomedical and medical automation opportunities.
Council Member Wright stated he is anxious for the joint EDC and
Council meeting. Further, he thanked the Commissioners for their efforts.
Council Member Reid thanked Mr. Bagdasarian for his report. He
concurred with Council Member Martinez's comments regarding deliverables.
Further, he estimated the Town has spent $3 to $4 million dollars including
staff time on economic development in the past four years and stated he
wants to see some deliverables.
Council Member Reid stated there seems to be a lot of interest in the
public art task force with twenty members and asked how many members are
serving on the other task forces.
Mr. Bagdasarian stated the First Floor Retail Task Force has seven
members, the Downtown Market Study Task Force has three members, and
the Business Process Improvement Task Force has yet to meet.
Council Member Reid verified there are six or seven members on the
County Office Relocation Task Force.
Mayor Umstattd thanked the Commission for their hard work.
F. Petitioners
The petitioners section opened at 8:02p.m.
Charlie Muldoon, Morven Park and Cheryl Kilday, Loudoun Convention and
Visitors Association (LCVA) addressed Council regarding the America's Cup of Polo
event on May 12. Ms. Kilday stated she attended a press conference yesterday
regarding the event stating the corporate sponsors are very excited. Further, she
Town Council Minutes for March 27, 2007
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stated she will return in a couple of weeks to provide a more in-depth report on the
event.
Council Member Reid stated the organizers of this event have been doing a
wonderful job and thanked Miriam Nasuti and everyone involved.
Virginia McGuire, Environmental Advisory Commission Chairperson, addressed
Council regarding the Commission's recent activities. She stated the Commission
fully supports the watershed planning item on the agenda for action tonight.
Further, she stated the Commission has a subcommittee on local climate change and
will bring forward information in the next few weeks.
Ms. McGuire thanked the Town staff for their assistance.
Council Member Burk asked how the Commission is planning to use their
$10,000 budget allocation.
Ms. McGuire stated the Commission has had many vacancies and have not
been able to fully allocate all of the funds. She stated the members have a lot of
ideas and plan to spend a portion of the funds before the end of the fiscal year.
Council Member Burk stated this is a great group to work with and she is
impressed with all of the members.
Council Member Hammier stated she looks forward to recommendations
regarding water conservation.
Steve Robin, 20 Cornwall Street, NE, addressed Council regarding the airport
lease bid on beha lf of JB Associates, LLC. He stated the principals in this company
are Joe and Bobby May and outlined Mr. May's strategy in submitting his proposal for
lease at the airport. Further, he suggested that he be allowed to enter into
discussions with senior staff to explore this concept and work out different ground
rules for when the lease is re-bid.
Vice Mayor Horne stated Council has discussed the re-bidding process and the
possibility of a pre-bid conference for this lease.
Mr. Robin stated he would like to hold discussions with staff before the bid
documents are drafted.
Earl Hower, Tree Commission, commended the Environmental Advisory
Commission on their leadership and efforts associated with protecting the watershed.
He stated these issues are also of concern to the Tree Commission and asked Council
to support the watershed protection grant item on tonight's agenda.
Sandy Kane, addressed Council regarding the existing contract between
Loudoun County and the Town of Leesburg to charge out-of-Town residents the
same fee for use of Ida Lee as in-Town residents. She stated the Town citizens
support Ida Lee through tax revenue and user fees. Further, she urged Council not
to renew this agreement with the County and to implement a surcharge on the fees
for out-of- Town citizens.
The petitioner's section c10sed at 8: 23 p. m.
Town Council Minutes for March 27, 2007
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G. PUBLIC HEARINGS
a. TLSE-2006-0008 Union Cemetery - Joint Public Hearing
The Town Council public hearing was opened at 8:25 p.m.
The Planning Commission pubic hearing was opened at 8: 26 p.m.
Wade Burkholder stated this special exception is to expand the cemetery
use with in the R-l District. He addressed the issue of fencing stating the
existing fence is board paddock style on the park si de and chain link on the
cemetery. He stated discussions are ongoing between park staff and the
Union Cemetery Board of Trustees and the condition has been drafted to read
that a fence shall be installed within three years or before the first burial in
the new section.
Mr. Burkholder stated staff is recommending conditional approval of the
special exception request.
Council Member Burk questioned the need for removal of three trees.
Mr. Burkholder stated the trees are on the cemetery's property where
they have planned future plots.
Council Member Burk verified the actual trees will be replanted on Ida
Lee property. She asked which type of fencing is cheaper.
Mr. Burkholder stated depending on the gage of the chain link, the
height and the supplier the price seems to be in the range of $1.50 to $3 per
foot. He stated he did not look into the price of the board fencing.
Council Member Burk asked why the chain link fence is considered more
secure.
Mr. Burkholder stated the paddock fence is easier to climb.
Vice Mayor Horne verified the Union Cemetery Board of Trustees has
agreed to the fencing condition and the three year time frame.
Council Member Hammier asked why the resolution does not specify the
type of fence we prefer.
Mr. Burkholder stated the type of fence was not specified to allow the
Parks and Recreation staff and the Union Cemetery Board of Trustees to come
to an agreement.
Council Member Hammier stated it is an important issue concerning the
overall aesthetics of the entryway to the park. She asked the risk of moving
the trees.
Mr. Burkholder stated they may be required to plant new trees.
Council Member Hammier asked if there is a way to keep the trees.
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Mr. Burkholder stated the trees are located in the area for the proposed
burial plots.
Council Member Wright stated the staff report indicates the trees were
planted by the Town on the cemetery property in error.
Council Member Reid stated he would support negotiations regarding
ways to save the existing trees.
Bob Sevila, attorney for the applicant, addressed Council. He read the
following statement from George Titus into the record:
"Madam Mayor, members of Council, Mr. Chairman, and members of the
Planning Commission, and Mr. Wells, my former fellow County employee. For
the record my name is George Titus and I reside at 505 Evergreen Mill Road,
SE in Leesburg. I am one of nine trustees of Union Cemetery and I have six
of my fellow trustees with me this evening.
In 1852 the General Assembly of Virginia created Union Cemetery. The
cemetery is a non-profit corporation. There have been several expansions of
the cemetery since the beginning and I am more familiar with the most recent
expansion, that is the expansion along North King Street. I've been on the
cemetery board for 41 years and that expansion started just prior to my
going on the board.
In the early to mid 1980's a wonderful gentleman by the name of
William S. Rust came along. He made a large acreage donation to the Town
of Leesburg and that is known as Ida Lee Park. He also made a small
donation to the County and that is known as the Rust Library. He then made
a donation of four acres to the Union Cemetery, Incorporated and that is
known as the Rust Addition to Union Cemetery and that is the site we are
talking about in this special exception.
It is my feeling that this will be the last expansion of Union Cemetery as
we are now land locked. In the early 1990's we did our engineering work so
that we could use this site for the cemetery. We did not want to use this area
while we were still selling sites in the area along North King Street.
In the 1990's we encountered a major problem with storm water
drainage. We had our engineers advise us what need ed to be done to correct
the problem. About 18 months ago we completed a major storm water
project by installing pipes underground to drain the water. This project cost
us $100,000 and our engineers took into consideration the Rust Addition site
so that it would be drained properly. We tied the drainage system into the
Town system and we appreciate the Town putting the necessary pipes on Old
Waterford Road to accept the excess water.
As for the expansion in this hearing, we plan to do four things. (1) Use
this site as a burial ground, we have approximately 4,300 sites. (2) Build
roads. Approximately 75 years ago when the section of the cemetery
adjoined to the new section was laid out they took into consideration that
there might be an expansion and reserved small sections so that the roads in
this new section would tie into the present roads in the cemetery. We will not
Town Council Minutes for March 27, 2007
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be creating any newentrances or exits on King Street, Wirt Street, or Old
Waterford Road. All new roads in the expansion will use the present roads to
enter or exit the cemetery.
(3) Water system. It's normal for cemeteries to run water so that family
members can place flowers on graves. We have two water connections to the
Town's system, one on Wirt and Union Streets that provides water to the
present cemetery chapel. A couple of years ago we connected to the water
transmission line that goes to Ida Lee Park near our boundary line to provide
a second sou ree.
(4) We will be installing about 800 markers in the new section. These
markers will be iron pipe or rebar driven into the ground so that you will not
see them. The will be used by the staff to lay off grave sites to be sold to be
used for burials."
Mr. Sevila stated the letter goes on to address staff's referral comments
and notes that all of the issues have been resolved. He stated the
Department of Utilities and the Police Department have raised issues
regarding loitering and damage to property after hours, which is connected to
the issue of the fence. Further, he stated the letter notes the Parks and
Recreation staff has worked cooperatively with the Union Cemetery Board of
Trustees and we believe the fence issue will be resolved amicably.
Mr. Sevila went on to read, "The parks staff also requested the
opportunity to jointly plan the additional installation of trees to extend the
screening buffer between the cemetery and Ida Lee Park. The cemetery
agrees with this request as we have done the same in the past. The parks
staff requests that if the above is approved the parks department will take full
responsibility for installation and maintenance for this landscaped area. This
offer is also most graciously appreciated and accepted by the cemetery.
Union Cemetery feels it is providing a public service to the community.
We are providing a cemetery for the use of the community and if we did not
provide this service it would probably have to be provided by the Town. I'II
give you two examples of the above. For some unknown reason the cemetery
in Herndon was taken over by the Town of Herndon and also for unknown
reasons the cemetery in the Town of Warrenton was taken over by the Town
of Warrenton. The Trustees of Union Cemetery are dedicated and they work
hard so the cemetery will not have to be taken over by the Town. However,
there does come a time when the cemetery may look to the Town for support
and this is one of the times that we need help from the Town for the approval
of this special exception permit.
At the pre-application meeting there were several members of the Town
staff present and we truly appreciate their help. There were two people that I
want to recognize. Brian Boucher has been most helpful in this process and
Wade Burkholder who has helped me tremendously. I do not know zoning
laws and sometimes I do not understand them, but Wade made it much
easier and I greatly appreciate it. I also want to thank the Council for having
a joint public hearing and especially thank the Planning Commission for taking
another evening out to have a joint public hearing."
Town Council Minutes for March 27, 2007
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Mr. Sevila stated this is a favorable staff report and the exceptions are
acceptable to us. He stated he does not know if the three trees will survive
the move; however, the trees will remain in place until such time as they
have to be moved. Further, he stated the issue of security is of major
concern to the Board of Trustees and asked that the Trustees and Parks staff
be allowed to continue negotiations regarding the fence.
Mayor Umstattd stated if the trees are acting as a successful screen the
aesthetics of the fence may not be a concern. She stated generally chain link
fences are considered more secure than paddock style fences. Further, she
stated a black coating on the chain link fence may be preferabie if it does not
substantially increase the costs.
Wayne Waters, 307 N. King Street, stated as an adjacent property
owner he feels the type of fence is important. He stated the chain link fence
would prevent silk flowers and leaves from blowing into the street while the
paddock fence would not. Further, he stated the Trustees do a good job of
keeping the area clean.
Earl Hower, Tree Commission, stated Mr. Titus and Mr. Kirkpatrick
contacted the Tree Commission regarding the need to move three trees. He
stated there is a device that can be used to move the existing trees on the
cemetery property; however, it would be preferabie to move the trees now.
Laura Bailey Brown, 302 Patterson Court, stated the chain link fence
would provide a better barrier and suggested buffer enhancements such as
hedges and ivy for aesthetics and to protect the privacy of the family
members. Further, she stated she is pleased that there will be no new
entrances or exits on the property.
The Planning Commission public hearing closed at 8:56 p.m.
Vice Chairman Hoovler asked the number of calls that have come to
the Leesburg Police Department in the last year pertaining to security at the
cemetery.
A member of the Union Cemetery Board of Trustees stated there have
been three cases of trespassing in the last two years.
Commissioner Miller stated there was some discussion regarding the
cemetery fence when she was on the Board of Architectural Review 10 years
ago and the suggestion was made to have the fence coated then. She stated
she does not care for chain link fences and suggested a board fence with wire
to meet the citizens concerns. Further, she stated while trees are a good
buffer a board fence would be preferabie on that side of the cemetery.
Commissioner Dunn stated as the Planning Commission we should be
the body to decide the fence issue; however, he will defer to Mr. Dentier to
work with the Board of Trustees.
Chairman Kalriess echoed Commissioner Miller's concerns regarding
the fence given the proximity to the entrance to Ida Lee. Further, he stated
Town Council Minutes for March 27, 2007
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that with proper landscaping the fence could be chain link or black coated
chain link.
Vice Chairman Hoovler asked why the Board of Architectural Review is
not involved in the fence issue.
Mr. Burkholder stated this portion of the cemetery is not in the H-2
Corridor.
Vice Chairman Hoovler verified the H-l and H-2 guidelines would not
apply to this property.
Commissioner Dunn stated there is an increase in co st associated with
the board fence and suggested that Mr. Dentier and the Board of Trustees be
allowed to negotiate this issue.
The Planning Commission retired to the 2nd Floor Conference Room to
continue their deliberations at 9:05 p.m.
The Planning Commission reconvened at 10:31 p.m.
Chairman Kalriess stated the Planning Commission has recommended
by a vote of 4-3 to approve special exception TLSE-2006-0008 with the
conditions noted in the staff report. He stated condition number four has
been modified to read, "The Union Cemetery Trustees shall install a three
board paddock fence with wire mesh prior to the first burial in the expanded
porti on of the cemetery and no later than three years after approval of the
special exception by Town Council, which ever occurs first, along the
boundaries of the proposed expansion under different ownership".
Chairman Kalriess stated at issue was the concern by the Planning
Commission relative to screens at the entrance to Ida Lee and the
Commission feit the paddock fence was an important consideration. He
stated there was discussion of screening by a different type of fence and
ultimately it was decided there should be a paddock fence which is more
handsome and requires less screening.
Vice Mayor Horne verified the Planning Commission's recommendation
that the existing chain link fence remain except in the expansion area where
the fence would change to a wooden paddock style fence.
Council Member Burk stated you won't be able to see the fence
because of the existing trees.
Chairman Kalriess stated the trees would not provide adequate
screening for another 20 years.
Council Member Hammier asked Mr. Dentier what his
recommendations would be for the fence.
Mr. Dentier stated he has met with the cemetery trustees and his
preferenee is for a paddock style fence.
Town Council Minutes for March 27, 2007
Page 10
Council Member Hammier asked about the recommendation that there
will be two different types of fencing along the cemetery's border.
Mr. Dentier stated in the past he has made offers to the cemetery
board for the Town to replace the chain link fence with a paddock style fence.
He stated if a situation were approved with two types of fence, we would
again approach the cemetery board and offer to replace the entire fence with
the paddock style design. Further, he stated the funding would be negotiated
relative to whether the cost would be split or funded entirely by the Town.
Council Member Hammier concurred with Chairman Kalriess and
Commissioner Miller's comments regarding the three board paddock fence
and stated she would add that from the cemetery's perspective it creates a
sense of place and peace for those visiting loved ones and it is not just a cost
consideration. Further, she recommended that an additional condition be
added stating the Town would like to enter into discussions and negotiations
with the cemetery regarding replacement of the remaining chain link fence.
Chairman Kalriess stated knowing that the paddock fence is more
expensive, the Commission looked at the fact that there would have
otherwise been a requirement for screening of a chain link fence. Further, he
stated the co st of the plantings would approach the cost of a paddock fence
or exceed it.
Council Member Wright asked if this were not a special exception and
an individual were building a home adjacent to Ida Lee, would they be
permitted to put up a chain link fence by-right.
Mr. Burkholder stated the homeowner would be permitted to install a
chain link fence as long as the property is not located in the Historie District.
Council Member Wright clarified by the Town's regulations the
cemetery use does not require a screening between it and Ida Lee nor does it
requires screening between it and the library. Further, he verified there have
been no concerns raised by the adjacent homeowners or the library.
Council Member Wright stated it seems we are placing a higher burden
on a non-profit group to install a fence that they do not want to meet the
needs of the park.
Council Member Reid concurred with Council Member Wright's
comments stating this is unfair. He asked if acondition should be added
relating to the trees to be transplanted.
Chairman Kalriess stated the Planning Commission feit it was not
necessary to replant the trees as a buffer if the paddock style fence is
installed.
Council Member Reid asked jf the trees could be transplanted.
Mr. Burkholder stated staff has received differing opinions on the
ability to transplant the three mature trees.
Town Council Minutes for March 27. 2007
Page 11
Council Member Reid stated he would rather require a landscape buffer
than require the paddock style fence.
Vice Mayor Horne stated she would prefer a landscaping screen to
protect the families and if such landscaping is insta lied the chain link fence
would be appropriate to meet the needs of the cemetery trustees in terms of
security. Further, she expressed support for negotiations between the
trustees and staff to design a fence with landscape screening.
Mayor Umstattd stated the heavy screening would be just as
expensive if not more expensive than the paddock fence and she would not
want to impose that burden on the cemetery. She stated no one has a
stronger interest in protecting the privacy of mourners than the cemetery
board. Further, she verified Mr. Sevila is comfortable with the staff's
conditions as drafted.
Ms. Beach stated the condition as written does not specify the height
or type of fence and suggested that Council c1arify the condition before
approval.
There was further discussion regarding the condition number four.
The Council public hearing was closed at 10:57 p.m.
Council Member Martinez proposed a motion that condition number
four be amended to require that a four foot fence of undesignated type be
installed. Further, he suggested that a paragraph be added to require that
the Tree Commission, Parks and Recreation Department and the Union
Cemetery Board of Trustees work together to provided landscaping and a
fence.
The motion was seconded by Council Member Reid.
Council Member Burk verified we are asking that the Tree Commission
advise the other parties in this process.
Council Member Hammier suggested deferring the vote for two weeks
to allow the staff to work with the cemetery board and present ways in which
the Town could be involved in the fence. She stated she does not know why
we are rushing a vote when Mr. Sevila has stated there is no hardship and as
Council Member Burk stated at the very least there should be no fence.
Council Member Wright stated we held a joint public hearing to
expedite the process. He stated if we have decided to support the Police
Department recommendation that a fence be installed there is nothing to
prevent us from allowing staff, the Tree Commission and the cemetery board
from developing a means to meet this obligation.
The motion was approved by the following vote:
Aye: Burk, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: Hammier
Vote: 6-1
Town Council Minutes for March 27, 2007 Page 12
Mr. Sevila stated Mr. Titus would prefer that the condition state the
fence would be installed within three years of tonight's approval of the special
exception, rather than before the first burial.
Council Member Martinez proposed a motion to reconsider, which was
seconded by Vice Mayor Horne.
The motion to reconsider was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and
Mayor Umstattd
None
7-0
Nay:
Vote:
Council Member Martinez proposed his earlier motion and provided an
amendment to require that the fence would be installed within three years of
the approval date.
The motion was seconded by Council Member Reid.
2007-47
RESOLUTION
Approving TLSE-2006-0008, Union Cemetery, permitting an expansion
of the cemetery use with in the R-l residential single family zoning
district
The motion was approved by the following vote:
Aye: Burk, Horne, Martinez, Reid, Wright and
Mayor Umstattd
Hammier
6-1
Nay:
Vote:
b. Proposed Budget for Fiscal Year July 1, 2007 - June 30, 2008 and CIP
The public hearing opened at 9:05 p.m.
Peter Dunning, Bluemont Concert Series, stated Bluemont has partnered
with the Town for 26 years for the annual concert series and the First Night
events and he would like Council to make an exception to their policy and not
phase out funding.
Liz Whiting, Standing Residential Traffic Committee (SRTC) and Loudoun
Museum Board, stated her support for the recommended budget allocation to
the SRTC. She stated the original traffic task force recommendations
addressed a project called the Edwards Ferry Road and Plaza Street Pinch
Point and recommended that the Council add this project as an add on or
alternative to the bid release for the Lowenbach project.
Ms. Whiting addressed Council as President of the Loudoun Museum
Board of Directors. She stated she understands Council has adopted a policy
to phase out non-public safety requests over time. She stated because of the
250th anniversary of Loudoun County this year and next year's 250th
anniversary of the Town of Leesburg she is requesting special funding in
connection with those events.
Town Council Minutes for March 27, 2007
Page 13
Karen Quanbeck, Executive Director of the Loudoun Museum, stated in
association with the anniversary celebrations the Loudoun Museum has
created the Loudoun Museum Heritage Players who will provide live
educational performances and special tours. Further, she requested that
Council provide supplemental Fiscal Year 2007 funding in the amount of
$5,000 to purehase costumes for the performances.
Ms. Quanbeck stated for the Town's anniversary celebration the museum
is planning a year long exhibit to teil Leesburg's story. She requested a
supplemental appropriation for Fiscal Year 2008 for half the cost for display
panels, $1,000 for a new display case and $2,000 for supplies for Court and
Market Days. Further, she stated af ter the exhibit c10ses the Museum will
give the Town the panels and display case and provide artifacts for a rotating
display.
Barbara Notar, Loudoun Literacy Council, stated 26 percent of her c1ients
are from Leesburg and she expects that number to increase substantially
given the number of immigrants moving to our community who will need
English as a Second Language (ESL) and civic classes. She thanked Council
for the proposed funding and asked that an increase be considered for next
year.
Council Member Burk stated the Loudoun Literacy Council also provides
classes for native English speakers who want to improve their reading skilIs.
Dr. Thad Jackson, Inmed, addressed Council in support of Mothernet
Loudoun, which assists pregnant woman and children from at risk families.
He stated the Town funding is used to leverage funding from other sourees so
it is extremely important that funding be continued. Further, he thanked
Council for their support.
Council Member Hammier asked jf all of the community agencies
received the guidelines and request for specific information relating to the
percentage of Leesburg residents served by their agency.
Mr. Wells stated the information relating to service of Leesburg residents
was provided as part of their application for funding. Further, all agencies
received a copy of the guidelines upon approval of their funding request last
year and as part of their request package for this year.
Council Member Reid asked if the Loudoun Museum and Journey
Through Hallowed Ground luncheon for $8,000 was funded under tourism
services.
Mayor Umstattd asked that all questions be held until after the public
has spoken.
Robin Suomi, Small Business Development Center (SBDC), stated the
SBDC held 52 seminars of which 41 percent were held in Leesburg and over
1,476 individuals attended. She stated the SBDC is served by two staff and
35 volunteers, 49 percent of whom are Leesburg residents.
Greq Harp, Loudoun Convention and Visitors Association (LCVA), stated
Town Council Minutes for March 27 , 2007
Page 14
LCVA develops and implements programs to attract visitors to Leesburg and
Loudoun County. In Fiscal Year 2006 the programs implemented to promote
tourism and travel had a $56.7 million fiscal impact County-wide. In the Town
of Leesburg LCVA generated 21 group bookings that generated $1.9 million in
visitor spending and provided services for 4,441 visitors which generated $2.9
mil lion in direct visitor spending. Further, the LCVA contributed to a direct
tax relief per household of $27.41 for Leesburg residents through the transit
occupancy tax and sales tax.
Kirsten Dueck, Dodona Manor, stated money received from the Town of
Leesburg in previous years has funded education efforts, the grand opening
celebration and increasing the parking available for visitors. She stated funds
received this year will go to hire a professional design firm to redesign the
website.
Dave Galen, Loudoun Volunteer Rescue Squad (LVRS), stated LCVRS
provides emergency services to the residents of the County at no cost. He
stated LCVRS has requested $250,000 and asked that Council fund the full
request. Further, he thanked Council for their past support.
Wenda II Fisher, Loudoun YMCA, discussed the YMCA's Big Friend
program which mentors and fosters at risk youth. Mr. Fisher stated the YMCA
has 12 adult mentors and 36 children from the Town.
Carol Jameson, Northern Virginia Family Service, discussed their
Loudoun Kids Health Partnership which provides primary healthcare services
for low-income and under-insured children. She stated the partnership serves
265 children in the county of which 31 percent are Leesburg residents and
there are currently 123 children on the waiting list. Further, she thanked
Council for their continued support.
Terry Titus, 805 Wage Drive, asked the Town's tax rate on airplanes.
Mr. Wells stated the current rate is $0.1 per $100 of assessed value.
Mr. Titus stated the proposed budget for Fiscal Year 2008 shows there
will be $261,000 from the general fund contributed to the airport fund.
He stated the current tax rate for aircraft nets a virtually no revenue for
the Town.
Mr. Titus stated he and his neighbors have addressed Council regarding
the need for storm sewer repairs on Wage Drive. He stated he met with Mr.
Wells and Mr. Elsewaissi and was told that the construction plans are
underway and the construction will begin as soon as the plans are approved.
Further, he asked that Council ensure the budget reflects adequate funding
for this project.
Mr. Titus stated he has also addressed Council regarding the need for
repairs on the Wage Drive sidewalk and asked that funding for this project
also be included in the budget.
Timothy Schott, 809 Wage Drive, stated as a resuit of the serious
" ___m_____ ~_'''.__._..._.."~__.,^''"'"_~__.___.._.,,~."'_.."'_
Town Council Minutes for March 27. 2007 Paqe 15
flooding that occurred in homes on Wage Drive, Dry Mill Road and Anne
St reet on January 11, 2005 the Town allocated funds for completion of the
drainage study, project design and construction to solve this problem. He
stated that on June 30, 2005 all of the residents on these streets received a
letter stating that once the preliminary study has been completed in the fall of
2005 staff would meet with the residents to discuss ways to remedy the
situation. Further, he stated as of today the preliminary and final design
studies have been completed, a project design is underway, and a meeting
with the residents was never held.
Mr. Schott stated a meeting with the residents would have provided staff
and Council with better decision making data, as the study found that on
Wage Drive four homes were affected; however, on the 800 block of Wage
Drive alone eight homes have been affected. Further, he stated the
completion of drainage projects must be ranked higher by this Council than
way-finding signs or recreation projects.
Martin Strohmeier, 812 Wage Drive, stated Mayor Umstattd has visited
their neighborhood, been there when it was wet and seen the damage the
water has done. He stated Council has seen photos of his home with water in
it and stated it is time that the project was completed.
Brian Shiflett, 18578 Merion Court, questioned whether it is necessary to
fund the Carr Tank project for Fiscal Year 2008 as there were only 125 new
connections to the system this year and thanked Council for delaying funding
of the Sycolin Road tank. He stated this year the Town will celebrate the 25th
anniversary of the Kenneth Rollins Water Treatment Plant and is slated this
year for expansion to 12.5 million gallons per day capacity. Further, he
stated he received a spread sheet from the Town last week stating there
would need to be an across the board 15 percent rate increase to break even;
however this proposed budget states there will be a $1 million operating gain
with a rate increase of 7.5 percent.
Mr. Shiflett asked that Council establish a Utility Advisory Commission.
Jo-Ann Hoovler, Loudoun Volunteer Caregivers, stated this program
allows those in our community who are elderly or disabled to stay in their
homes. She stated volunteers help with medical transportation, grocery
shopping, picking up prescriptions and banking. She stated last year funds
from the Town were used to implement a money management program and a
HIV/AIDS medical transportation program. Further, she stated 40 percent of
their clients and 43 percent of their volunteers live in Leesburg.
Ms. Hoovler thanked Council Member Burk for her fundraising efforts on
behalf of Loudoun Volunteer Caregivers.
Anne Ouinn, Loudoun Border Guards, stated her group travels
throughout the Country and marches behind a banner that says Leesburg,
Virginia. She stated every other year her group brings 300 to 1,000 musicians
into Leesburg to stay, perform and stage a parade. Further stated the costs
for their bus transportation and storage fees have increased and several
uniforms and instruments need to be replaced.
Town Council Minutes for March 27, 2007
Page 16
Bonnie Inman, Loudoun Interfaith Relief, stated about half of the
house hol ds served by their programs are located in Leesburg. She stated her
organization provides emergency foods supplies, and offers many programs
to teach self sufficiency and life skilIs. Further, she stated in the first six
months of this fiscal year there has been a dramatic increase in food requests
and thanked Council for their support.
Gary Gaither, Leesburg Volunteer Fire Company, thanked Council for
their support and recommendation for funding in the next fiscal year.
Laura Valle, La Voz of Loudoun, requested funding to support their
English and Family Integration Program. She stated this program is
conducted in cooperation with the Loudoun County Department of Mental
Health and the Fields of Leesburg Apartments Management Team.
G.P. Bodmer, 811 Wage Drive, addressed Council regarding the drainage
situation on Dry Mill Road, Wage Drive and Anne Street. He stated he is
disappointed that it has taken so long to get any action. Further, he stated
the severity of the situation should warrant quick action and the Town is
responsible for providing sufficient drainage.
Dave Butler, Chairman of the SEjSW Trail Committee, asked Council to
consider funding the SW Connector Trail in the Capital Improvements
Program.
Tom Dunn, 112 Stone Court, asked that Council consider funding a
pedestrian bridge across the Route 15 Bypass at Fort Evans Road.
The public hearing c10sed at 10:31 p.m.
H. LEGISLATION
CONSENT AGENDA
On a motion by Council Member Burk, seconded by Vice Mayor Horne, the
followi ng consent agenda was proposed:
2007-48
RESOLUTION
Accepting public improvements, releasing the performance guarantee and approving
a maintenance guarantee for public improvements at Spring Lakes Phase II.
2007-49
RESOLUTION
Rejecting the two received bi ds regarding the airport property known as pad site B
2007-50
RESOLUTION
Awarding a lease to Shared Flight, LLC for office space in the airport terminal
2007-51
RESOLUTION
Awarding a contract for financial and compliance audit services
Town Council Minutes for March 27, 2007
Page 17
2007-52
RESOLUTION
Terminating the TownjOaklawn Road Construction Agreement
2007-53
RESOLUTION
Awarding the Sycolin Road widening Phase I-A construction contract
2007-54
RESOLUTION
Making an appointment to the Commission on Public Art - Pamela Butler
2007-55
RESOLUTION
Making an appointment to the Board of Architectural Review - Marilyn Bos
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
Council Member Martinez thanked Ms. Bos for waiting so long.
Council Member Reid congratulated Council Member Wright on an excellent
appointment to the Public Art Commission.
Vice Mayor Horne welcomed Shared Flight Aviation to the Town of Leesburg.
REGULAR AGENDA
On a motion by Council Member Burk, seconded by Vice Mayor Horne, the
following motion was proposed:
2007-56
RESOLUTION
Supporting a grant application for watershed planning in the Town of Leesburg to be
submitted to the National Fish and Wild life Foundation by the Piedmont
Environmental Council
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Wright and Mayor Umstattd
Nay: Reid
Vote: 6-1
The following item was deferred to the April 10 Council Meeting:
RESOLUTION
Support for America's Cup of Polo Event in Leesburg, in Loudoun County, Virginia
I. BOARDS AND COMMISSlONS
a. Airport Commission
No comment.
b. Thomas Balch Library Commission
Town Council Minutes for March 27, 2007
Paqe 18
No comment.
c. Board of Architectural Review
Council Member Reid stated tomorrow the BAR will discuss the
traffjc light at Memorial Drive.
d. Cable Television Advisory Commission
No comment.
e. Commission on Public Art
No comment.
f. Economic Development Commission
Council Member Hammier stated the Power Point from Mr.
Skunda's presentation is available.
g. Environmental Advisory Commission
No comment.
h. Information Technology Commission
No comment.
i. Parks and Recreation Commission
No comment.
j. Planning Commission
No comment.
k. Tree Commission
No comment.
I. Standing Residential Traffic Committee
Council Member Reid some residents are planning to attend the
meeting next Wednesday to discuss Dry Mill Road traffic calming and the
situation with access to the INOVA Loudoun facility at Cornwall.
J. OLD BUSINESS
K. NEW BUSINESS
a. Dog Park Update
Council Member Wright stated Morven Park has offered to give us
land for the dog park and staff has informed them that the Town can not
indemnify them. He stated he verified the Town did indemnify Old Izaak
Walton in our lease. Further, he stated he has spoken with a number of
members of the Board of Directors who indicated that they did not
anticipate this level of legal fees associated with this action and were
inclined to walk away from the deal.
Vice Mayor Horne stated the staff report indicates that no funding
currently exists for this project and staff will work with private groups to
obtain donations. She stated she attended a meeting in March 2006 at
which time she recalls hearing that the parks and recreation department
did have funding.
Town Council Minutes for March 27, 2007
Page 19
Mr. Dentier stated at that meeting staff said there was no funding;
however, staff is working on identifying private and corporate
sponsorships and will then come to Council for any additional matching
funds.
There was further discussion regarding this issue including the
potential of a partnership with Oatlands.
Council Member Burk asked jf there will be a fee to use the dog park
and will it be open to County residents.
Mr. Dentier stated the majority of dog parks do not charge a fee.
Further, he stated staff looked at the possibility of limiting usage of the
park to Town residents; however, it was determined that the
administrative work load would be too great to be handled by the
volunteers.
b. Transportation Bill Update
Council Member Burk stated the Governor, the Republican Speaker
of the House and the Republican Whip support of this bill. She stated
Scott York and Gerry Connolly have sent letters in support of the bill.
Council Member Reid stated the 60/40 split was not changed to a
50/50 split. He asked if the Mayor could send a letter of congratulations
and asked if she could address the issue of the 50/50 split.
Mayor Umstattd stated she would want to see if there was majority
support from Council before raising that issue in a letter.
Council Member Reid proposed a motion to allow the Mayor to send a
letter to the Governor and Speaker of the House to request that the
funding be split 50/50.
The motion failed for lack of a second.
c. Photo Red Enforcement
Mr. Wells stated Town's were included in the enabling legislation
for photo red light enforcement.
Mayor Umstattd asked if there is a limit on the number of cameras
that may be installed.
Mr. Wells stated the limit is one intersection per 10,000 residents.
L. COUNCIL COMMENTS
Council Member Reid disclosed a meeting with the attorney for Traveiers
Insurance Company.
Council Member Reid invited the citizens to attend Congregation Sha'are
Shalom's Second Night Passover Seder next Tuesday April 3 at 6:30 p.m. He stated
the cost is $75 per family.
Council Member Reid thanked Governor Kaine for not vetoing the
Town Council Minutes for March 27. 2007
Page 20
transportation bill. He stated it is great to see that we will finally get some funding
which will hopefully unload some of the burden we have in our Capital Improvement
Program for roads.
Council Member Reid thanked all of the citizens who spoke tonight. He stated
he is concerned that Council could fund $8,000 for a luncheon and $5,000 for the
Cup of Polo; however, there are nonprofit organizations begging for money. He
stated he would look at the level of funding the Town is providing those
organizations and the level of funding needed to complete the drainage projects.
Council Member Reid stated Council will be discussing the budget at a work
session later in the week. He stated it is important to support staff; however, that
does not mean that we can't c10sely examine their budgets as it is Council who sets
the policy for the Town.
Council Member Wriqht disclosed a meeting with Mike Banzhaf last Friday in
regards to Arcom's proposed development.
Council Member Wright disclosed a meeting with the developer's of Battiefield
Park yesterday regarding their rezoning application.
Council Member Wright stated his hope that there will be more outreach
associated with the re-bidding process for the airport hangers.
Council Member Wright stated he has asked several times during this budget
cycle if more money needs to be allocated for the drainage projects and was told by
staff that the issue is not funding, it is just a matter of getting the project completed.
Further, he stated the Public Works department has many projects underway;
however, we need to work towards completing the drainage projects and bringing
the matter to a close.
Council Member Wright thanked the individuals who spoke tonight regarding
the budget stating he is looking forward to the mark-up session and opportunities to
save. He expressed support for the SW Connector Trail and a study for the
pedestrian bridge at Route 15 and Fort Evans Road.
Council Member Wright stated there are a lot of community agencies who are
looking for funds and while Council passed a policy last year to phase out some of
the funds; there is still an overall increase in the amount of funds designated for the
communityagencies. Further, he stated we are levying a tax on our citizens and
then donating their money.
He suggested presenting opportunities at events such as the Flower and
Garden Show for citizens to see what agencies are working in the community and
then choose how to give their money.
Council Member Hammier disclosed conversations with Mike Banzhaf on
March 17 and 22 regarding Arcom and Ridge Water.
Council Member Hammier echoed Council Member Wright's comments
regarding the comments made by the non-profit organizations and the significant
needs of families in Leesburg. She stated Council has an enormous responsibility to
Town Council Minutes for March 27, 2007
Page 21
keep taxes as low as possible given our citizens also pay taxes to the County who
has the sole responsibility for social services.
Council Member Hammier stated given that water rates are a form of tax
Council needs to look at all of the various scenarios associated with the rate increase
and find a way to equalize taxes across the board.
Council Member Hammier stated she preferred when Council had briefings
from the social agencies in a work session format where questions could be asked.
Further, she stated a separate work session may give us the opportunity to hear
from more citizens.
Council Member Hammier expressed support for expediting the drainage
projects.
Council Member Hammier stated the Town has hired a new Tennis Pro, Moses
Gittens, and Ida Lee is hosting a Meet the Pro event on March 31 from 12:30 to 4:00
p.m.
Council Member Hammier reminded citizens that there are opportunities to
get involved in the celebrations for the 450th anniversary of Jamestown, the 250th
anniversary of Loudoun County and next years 250th anniversary of the Town of
Leesburg.
Wished everyone a Happy Spring, Happy Passover and Happy Easter.
Council Member Martinez stated we do need to work on completion of the
drainage projects; however, Council needs to understand that when we move a
project up something else has to fall back. Further, he suggested asking staff what
priority projects are underway in the Town and what projects would need to move
back to allow completion of the drainage projects.
Council Member Martinez congratulated Sean Wortherspoon and Omar
Alkhairo. He stated this shows that kids are not bad and that they do look for
opportunities to excel.
Council Member Martinez stated he is excited about the upcoming Kovar
Week and the opportunity to raise money to help others.
Council Member Martinez thanked Ara Bagdasarian and the Economic
Development Commission for their presentation.
Council Member Martinez disclosed a meeting with Council Member Wright
and Mike Banzhaf on the Arcom application.
Council Member Martinez stated wh en he was serving on the Loudoun County
Parks and Recreation Commission in 2001 they had an opportunity to put a dog park
in Ashburn and passed on it.
Council Member Martinez thanked the representatives from the charitable
organizations for addressing Council. He stated he was bothered by comments that
these organizations are non-profits and the private sector should be funding them;
however, they are not receiving the funding that they need. Further, he stated as a
Town Council Minutes for March 27 , 2007
Paqe 22
Town we have the obligation to help our citizens and support these organizations
that are doing the work that we can not.
Vice Mayor Horne thanked the number of individuals who attended the
meeting for Union Cemetery and the budget. She stated we are blessed and
fortunate as a community to have the organizations and volunteers who help the less
fortunate in our community. She stated there will always be a need and the reality
is that we are County taxpayers who support these organizations and can also
continue to support them privately and through some sense of participation at the
Town level.
Vice Mayor Horne stated she sympathizes with the residents of Wage Drive
and she would like staff to look at how we have dropped the bali in terms of meeting
with the residents and giving periodic updates.
Vice Mayor Horne stated we need to think about the level of participation we
are asking the Loudoun Museum to take in upcoming events when we determine the
level of funding we will provide to them.
Vice Mayor Horne disclosed meeting with the developers regarding Battiefield
Park and Market Square. Further, she met with Andre Fontaine regarding his
application to the County for the new government center location.
Vice Mayor Horne stated in addition to the Keep Leesburg Beautiful event on
April 14 there is also an Arthritis Walk coming up on May 5.
Vice Mayor Horne offered her condolence to the Stowers Family. Further, she
stated form Planning Commissioner Charlotte Cable's husband passed away last
weekend.
Council Member Burk thanked all the citizens who spoke tonight. She stated
it is always difficult when considering the non-profit agencies as you have to look at
what is the role of local government with regard to these agencies. Further, she
stated last year she was so upset about cutting funding for Loudoun Caregivers that
she personally raises the money that was cut from their request.
Council Member Burk stated she met with a group called Cityscape who finds
grants to redevelop buiidings or build new buiidings for the arts community.
Council Member Burk reminded citizens that there is still time to nominate a
teacher for the Shenandoah University Teacher of the Year award.
Council Member Burk disclosed meeting with Ms. Beach, Mr. Wells and Council
Member Wright to discuss issues related to the water rates. She stated there is an
opportunity to take a fresh look at the issue and suggested establishing a citizen's
committee to look at the money we have, the funds we need and to provide Council
with a recommendation on how to get there.
Council Member Burk disclosed attending the ribbon cutting at the Suzuki
dealership.
Town Council Minutes for March 27, 2007
Page 23
Council Member Burk stated it is impressive that the Town Manager has been
able to keep our tax rate stabie as assessments have decreased and commended Mr.
Wells on his efforts.
M. MAYOR'S COMMENTS
Mayor Umstattd stated it is frustrating when you hear the concerns of the
citizens experiencing flooding issues. She stated in 2002 at a Council Retreat that
Council put storm drainage projects as the top priority and it is frustrating that this
one has not been completed; however, she is not criticizing Town staff. Further,
she stated it would help to understand why this process has taken so long.
Mayor Umstattd praised Tiger Claw Tae Kwon Do for raising over $16,000 for
St. Jude Children's Research Hospital at their Kick-A- Thon. She thanked her
daughter Kendrick who raised $300 and stated Laura Hollister raised over $1,000.
Mayor Umstattd stated the issue of charitable organizations is a difficult issue;
however, it is important to remember that every time you raise taxes on your
working class residents to provide for the poor you drive the working class folks into
poverty.
N. MANAGER'S COMMENTS
Mr. Wells had no comments.
Council Member Burk asked that staff provide a report on the Wage Drive
project at the next budget work session.
Council Member Martinez stated he forgot to mention that he is stilllooking
for volunteers to join the Town's Relay for Life Team.
Council Member Wright stated this is a worthy cause and he will be at the
event walking with Council Member Martinez.
Council Member Reid asked that staff provide a report on the status of all
drainage projects.
O. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Council Member Burk,
the meeting adjourned on at 11:59 p.m.
2007 _tcmin0327