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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 Paqe 2 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. Town Council Minutes for March 27, 2007 Paqe 3 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 Page 4 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 Page 5 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. Town Council Minutes for March 27, 2007 Page 6 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 Page 7 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 Paqe 8 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 Paqe 9 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