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HomeMy Public PortalAbout2007_05_22 COUNCIL MEETING May 22, 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: 11 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, Director of Utilities Randy Shoemaker, Engineer Nathaniel Ogedegbe, Police Officer Chris Jones, Capital Projects Inspector Andy Oster, Management Specialist Tami Watkins and Deputy Clerk of Council Debi Parry AGENDA ITEMS A. Invocation by Vice Mayor Horne B. Salute to the Flag was led by Eagle Scouts Michael Rice & William Shoemaker C. Roll Call Council Member Reid arrived at 8: 11 p.m. D. Minutes a. Work Session Minutes of January 22, 2007 On a motion by Vice Mayor Horne, seconded by Council Member Wright, the minutes of January 22, 2007 were approved by a 6-0-1 (Reid) vote. b. Work Session Minutes of March 12, 2007 On a motion by Council Member Martinez, seconded by Council Member Burk, the minutes of March 12, 2007 were approved by a 6-0-1 (Reid) vote. E. Presentations a. Resolution of Respect - Hunter M. Leach On a motion by Vice Mayor Horne, seconded by Council Member Hammier, the following motion was approved by a 6-0-1 (Reid) vote and presented to the Leach Family: Resolution of Respect Hunter Moomau Leach WHEREAS, Hunter Moomau Leach, a long-time resident of the Town of Leesburg, passed away May 11, 2007 at the age of 88; and WHEREAS, Mr. Leach was born in Greenbank, West Virginia and was a graduate of Hampden-Sydney College; and WHEREAS, Mr. Leach served our nation as member of the Air Corps of the United States Army during World War II; and Town Council Minutes for Mav 22. 2007 Paqe 2 WHEREAS, Mr. Leach and his family moved to Leesburg in 1955 where he worked as a claims adjuster for Nationwide Insurance Company for nearly 30 years; and WHEREAS, Mr. Leach was elected to the Leesburg Town Council in 1957 and served for four years including serving as Mayor of Leesburg in 1961; and WHEREAS, Mr. Leach was appointed to the Leesburg Planning Commission in 1963 where he served until 1983; and WHEREAS, Mr. Leach was appointed to fill a vacancy on the Leesburg Town Council from 1987 to 1988; and WHEREAS, Mr. Leach was very involved in the Leesburg Presbyterian Church where he served as Deacon, Elder, Clerk of the Session and Sunday School Teacher. THEREFORE, RESOLVED the Mayor and Town Council of the Town of Leesburg in Virginia hereby extend their sympathy to the Leach family and ask that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be given to the family. PASSED this 22nd day of May 2007. b. Certificate of Recognition - Michael Rice On a motion by Council Member Burk, seconded by Council Member Martinez, and approved by a 6-0-1 (Reid) vote Michael Rice was presented with a Certificate of Recognition for earning the rank of Eagle Scout on April 29, 2007 and for demonstrating good citizenship and leadership in the community through your efforts in planting 37 trees and building a deck with benches and access ramp along the W&OD Trail in Purcellville. c. Certificate of Recognition - William Shoemaker On a motion by Council Member Burk, seconded by Council Member Martinez, and approved by a 6-0-1 (Reid) vote William Shoemaker was presented with a Certificate of Recognition for earning the rank of Eagle Scout to be received on June 9 and for demonstrating good citizenship and leadership in the community through your efforts in constructing a fish habitat at Banshee Reeks Nature Preserve. d. Certificate of Recognition - Martha Schonberger On a motion by Council Member Martinez, seconded by Council Member Hammier, and approved by a 6-0-1 (Reid) vote, a Certificate of Recognition was presented to Martha Schonberger for receiving the 2007 Shenandoah University Teacher of the Year Award and for her tireless dedication to the students of the Town of Leesburg and Loudoun County. e. Proclamation - Asian/ Pacific American Heritage Month On a motion by Council Member Hammier, seconded by Council Member Wright, the following proclamation was approved by a 6-0-1 (Reid) vote: Town Council Minutes for Mav 22. 2007 Paqe 3 PROCLAMATION ASIAN/PACIFIC AMERICAN HERITAGE MONTH MA Y 2007 WHEREAS, President Jimmy Carter signed a joint resolution declaring the first Asian/Pacific American Heritage Week in 1979; and WHEREAS, President George H. W. Bush extended the celebration to Asian/Pacific American Heritage Month in 1992; and WHEREAS, The United States Congress passed Public Law 102-450 in October 1992, designating May of each year as ASian/Pacific American Heritage Month; and WHEREAS, Asian/Pacific Americans represent more than 30 ethnic backgrounds and are one of the fastest growing ethnic groups in the United States; and WHEREAS, Virginia is home to a rich and diverse population, drawing people from nations around the world; and WHEREAS, it is appropriate to recognize their achievements and continued contributions to Loudoun County, the Town of Leesburg, and our nation. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim the month of May of the Year 2007 as Asian/Pacific American Heritage Month, and urge the citizens of Leesburg to join in recognizing the contributions made by Asian/Pacific Americans and to celebrate their contributions to our nation's history. PROCLAIMED this 22nd day of May 2007. f. Certificate of Appreciation - Ray Pelletier On a motion by Council Member Burk, seconded by Council Member Hammier, and approved by a 6-0-1 (Reid) vote a Certificate of Appreciation was presented to Ray Pelletier for dedicated service to the Town of Leesburg and the Cable Television Advisory Commission from July 2004 to May 2007. g. Certificates of Appreciation - Keep Leesburg Beautiful Volunteers Certificates were presented to the over 200 volunteers, sponsors and performers who participated in this event. F. Petitioners The petitioners section opened at 8:02 p.m. Mike Georqe, 21935 Woody Oaks Square, introduced himself as a candidate for Loudoun County Sheriff. He stated Loudoun County is changing and the Sheriff's Office has not kept up with that change; however, his 22 years in law enforcement with Fairfax County provide him with the necessary experience to keep pace with the growth of the County. He stated he is a former Maryland State Trooper and is Town Council Minutes for Mav 22. 2007 Page 4 currently an adjunct college professor and Director of Investigative Services for the Recording Industry Association of America. Further, he stated as Sheriff he would like to work on communications and partner with other law enforcement agencies including the Leesburg Police Department. Lori Kimball, 43597 Emerald Dunes Place, addressed Council as President of the Preservation Society of Loudoun County. She stated her organization has been active in the County for over 30 years and their mission has been to educate the public about the rich, historic resources we have here. Further, she stated the Preservation Society has published a booklet listing all of the historical, cultural and environmental organizations in the County and presented a copy to Council. Gigi Robinson, 207 Prince Street, NE, thanked Council for their persistence in trying to reach a mutually beneficial result with Loudoun County on Crosstrail. She commented on the applicant's reluctance to make meaningful modifications to the project. Further, she asked that Council request the County to have the applicant's final proposal by May 31 for sufficient review. Pete Linnemann. 1306 Moore Place, SW, stated he had met with the Cable Commission, staff and the Comcast representative regarding the status of the removal of the utility boxes from his yard. Tami Watkins stated she is meeting with the engineers on Thursday, May 24 to discuss the utility boxes on Mr. Linnemann's property. Council Member Hammier stated this issue was addressed during last night's work session and Council has asked staff to keep them informed regarding the possibility of relocating the boxes to Town right-of-way property. The petitioner's section closed at 8:14 p.m. G. PUBLIC HEARINGS a. Amending Article I (General) of Chapter 2 (Administration) of the Town of Leesburg, Virginia, 1976, as amended, be and the same hereby is amended to add a new Section 2-9 (Conflict of Interest) The public hearing was opened at 8: 15 p.m. Vice Mayor Horne stated this is overkill and has not been thoroughly vetted at the staff level. She stated the Town provides extensive training to our board and commission volunteers on the Freedom of Information Act (FOlA) and Conflict of Interest Act (COlA). Council Member Martinez concurred with Vice Mayor Horne's comments. He stated this is not appropriate as these individuals are appointed, not elected. Council Member Hammier asked the genesis of this discussion. Council Member Wright echoed Council Member Hammier's question and Vice Mayor Horne's comments. Town Council Minutes for May 22. 2007 Paqe 5 Council Member Reid asked if Council has the discretion to adjust the filing deadline of January 15. Ms. Beach stated Council does have discretion to adjust the filing deadline, because under the State Code these individuals are not required to complete the disclosure form. She stated generally localities will still adhere to the January 15 deadline as the State issues the forms once a year. Mayor Umstattd stated she has been contacted by members of the public who are concerned about potential conflicts of interest in at least one of our commissions and a task force under that. She stated we need some form of disclosure regarding real estate holdings. Further, she stated Council does not appoint members of the task forces. Ara Bagdasarian, Leesburg Economic Development Commission (LEDC) Chairman, stated last week the LEDC voted unanimously to forward the following statement of objection to the Town Council: "The Town of Leesburg is rooted with a strong sense of community. A business community comprised of small business owners, entrepreneurs, visionaries and retailers. A residential community of considerate neighbors who care about the Town, committed to making Leesburg a better place today and tomorrow for them, their children and their grandchildren. We all have a stake in Leesburg's future as business owners and as residents, we all have an interest in ensuring the right policy is made today. Our community has volunteers who donate countless hours to make our community better by serving on boards and commissions with one primary objective, to make Leesburg a better place for our families to live, work, and play. These volunteers come form all walks of life. They are people who care about their community and are committed to using their knowledge and experience to better the Town of Leesburg. The Town Council should not pass a resolution or amendment requiring that these volunteers publicly disclose their personal finances in order to serve and improve the Town. These volunteers are not elected officials they are decent citizens with a stake in Leesburg's future. The Leesburg Economic Development Commission strongly opposes the requirement for members of commissions and boards to provide full financial transparency in order to serve their community. The LEDC does support the concept of members of boards and commissions should be required to sign statements of understanding of conflict of interest and FOIA. This should extend to all task forces and committees that are underneath any board or commission. Since most commissions and boards are advisory and not legislative nature this level of financial transparency is excessive and will result in significantly less participation by more qualified and experienced volunteers from our community. We urge the Town Council to refrain from taking disproportionate action that will turn away those people who will best serve their community. Town Council Minutes for May 22. 2007 Page 6 Those who serve on commissions and boards are decent citizens with integrity and commitment. To many of us our financial situation is a private matter. If it is conditional to publicize our financials in order to serve our community, then our community is the ones who will ultimately be at loss. Making full financial disclosure a requirement to serve the Town of Leesburg as a volunteer will directly lead this Town down a slippery slope from which it may not recover. Making such a decision most assuredly will put this Town and its future at great risk of losing valuable input from its stake holders. Remember, we are not elected officials we are volunteers." Sandy Kane, Leesburg Economic Development Commission, read the following statement from Economic Development Commission Vice Chair Karen Jones: "As a member of the LEDC I do stand in full support of the comments just presented to you by the LEDC Chairperson Ara Bagdasarian. However, as a resident of Leesburg I have some personal comments to make as I petition you this evening. I am disappointed and saddened that you have chosen to rush to judgment by accepting a complaint from an anonymous caller. Trusting an anonymous caller to provide you with accurate information is a reckless direction to go. Only Vice Mayor Susan Horne expressed her reluctance to give credence to information provided by such a caller. Vice Mayor Horne did not support the extreme direction you have chosen to take by adopting an amendment that requires full financial disclosure by all volunteers that serve the Town of Leesburg. Why wasn't this matter turned over to staff to substantiate? Why weren't commissioners interviewed to validate the complaint? Even though we have had varying points of view over the years, the commission and committee members with whom I have served have shown great integrity. When appropriate individuals recuse themselves from voting on matters that would be perceived as conflicts of interest. I consider their decision making above reproach. If you decide to pass this amendment without any form of investigation before making your final decision, you'll be letting down the citizens who voted you into office. As leaders of the community our expectations have been set high regarding your judgment calls. We look to you to set the example of good government. Further investigations or advice by Town staff with guidance from your advisory boards and commissions should assist you in making decisions for all issues. Unfortunately, this has not been done for this matter. Please do not consider adopting such an extreme amendment, instead consider putting a band-aid on the problem. Do not cut off the arms and voices of the Town volunteers that have served this community so well for many years. Town Council Minutes for Mav 22, 2007 Page 7 Your actions this evening could well impact the quality and expertise of the individuals who are going to serve in the future. Your actions may very well create a situation which may result in fewer Leesburg residents answering the call to serve this community. I believe strongly that this is a misguided effort, not carefully thought out and will effectively eliminate many strong candidates for Commission slots. We have already lost some and will lose others. There needs to be a Conflict of Interest policy developed similar to FOIA which can be put forward and taught as part of orientation and training. But this new policy is going to have a far reaching effect on attracting people to serve on groups that normally have no Conflict of Interest issues. Conflict of Interest issues should be handled on a personal level. The credibility of the Loudoun Street Task Force has, in my opinion been diluted by the resignation of all of the knowledgeable people who were originally appointed to serve, thereby rendering it useless and requiring that all of the work once again be laid at the feet of the staff. Several other groups have already begun to shrink. This saddens me and causes me to rethink my seven years of Town service and whether it was worth it. Please rethink this issue before you." Judy Craun, Leesburg Commission on Public Art Chairman, stated at the May 17 regular meeting of the Leesburg Public Art Commission members passed a motion against the proposed Town Council ordinance to amend Article I of Chapter 2 of the Town Code regarding conflict of interest laws. She read the following statement into the record: "As part of this motion members added, "We respect the intent of full disclosure; however, we feel this proposed ordinance will have the effect of creating leadership backing that will negatively impact current commission members. We are also concerned that the full effect of this ordinance would discourage residents from participating on Town boards and commissions in the future. We would encourage the Town Council to consider adopting an actual process for developing standards for commission members to provide disclosure that is respectful of those who are appointed to serve. The commission feels that it would be better for the Council to consider a process where appointed commission members can be voluntarily involved in order to communicate these concerns to the appropriate staff in order to mitigate any risk of violating conflict of interest laws. The Commission on Public Art understands the need for full disclosure as part of the political process and we recognize that there are ways to achieve this goal that are less intrusive and more tactful. The proposed ordinance has many onerous requirements including disclosure of spousal information, property holdings and investments. Town Council Minutes for May 22. 2007 Page 8 We feel that making this information a requirement for volunteer public servants is too evasive and could have a negative impact on citizens who want to serve their community." Dennis Boykin, Airport Commission Chairman, stated it is hard to find individuals to serve on the Town's commissions. He expressed concern with the requirement to disclose spousal information for advisory commission members. Further, he stated the Airport Commission did not have the opportunity to review this ordinance; however, the members have reached a consensus of opposition to this proposed amendment. Jim Sislev, Leesburg Commission on Public Art, stated his involvement with the Town of Leesburg as a volunteer began five years ago and has devoted over 2,000 hours away from his family and his business in support of the Town. He commented on the difficulty of finding and keeping active volunteers. Further, he recommended education efforts, communication and expressed concern that this action would push volunteers away. Dave Butler, Planning Commission, stated there is a lack of understanding among the board and commission members regarding what a conflict of interest is and stated this action could lead to a chilling effect among volunteers. He stated there needs to be a middle ground in requiring something not as extensive as what is proposed. Further, he asked that Council consider the costs to the Town if there were no advisory volunteers to assist in projects such as the Trails Committee. Tom Dunn, Planning Commission, read the following letter into the record: "I am Tom Dunn, address 112 Stone Court Leesburg, VA 20175, current member of the Leesburg Planning Commission and former seven year member of the LEDC, liaison to BAR, P&R, Tourism, County Government Building Task Force. I am required and already comply with VA State Code regarding disclosure and personal interest. There are penalties up to 12 months in prison and a $2,500 fine currently in place for all government employees, elected officials, appointed commissions and committees, subcommittees, and task force members that are in a position of trust. This trust, is that the official, employed, elected or appointed will not place personal interest ahead of public welfare. And what is personal interest: monetary gain by the individual and family and the companies they work for or own. And how much is that gain: over $10,000. The State form for disclosing does nothing to enforce what is already in the Code of Virginia, and it is up to the individual to know the law, and up to litigators to prove intent of misrepresentation. Proof of intent is very hard. Town Council Minutes for May 22. 2007 Paqe 9 It does however allow this Council to intrude into the private affairs of its citizens, and make those affairs part of the public record for five years. It is also the opportunity for this Council to pile on needless regulations when existing state regulations are fine. There is more at stake here. It is about the climate of Leesburg government: will Leesburg work within existing gUidelines and educate its officials on existing law, or will Leesburg continue to regulate its way into the future? For example: at a recent ribbon cutting ceremony a new business owner is introduced to Leesburg's zoning ordinance against having balloons. Or regulating kindness so that warming shelters for the needy would take almost till spring to open. Leesburg is regulatory top heavy and the mind set is that we need even more regulations. Another example in the most recent Planning Commission meeting a proposed ordinance was being discussed when it was noted that the State already has code in place for that issue, and that the Town would end up being more restrictive. When another Commissioner said that local zoning says we can do it, so that's all that needs to be said. Well that's not all that needs to be said. We should not be making regulations just because we can because these regulations can have far reaching impact. And this regulation could impact an already thin line of voluntarism at our Commission level. This is an education issue not a regulation issue. In closing I want to be on the Clean-up Committee of the August Court Days Committee and I must disclose that I am a paid officer of record or business, I owe more than $10,000 to creditors, I own securities, I am paid more than $200 for speaking engagements or meetings, I receive gifts in various denominational amounts, I would have to list each employer I have, I own a business, I have real estate or contracts before the government, and that I own property. This does not need tweaking; we already have regulations in place so let's leave well enough alone." The public hearing was closed at 8:51 p.m. Mayor Umstattd stated it is her observation with the proliferation of task forces and committees that many members do not receive a briefing on conflict of interest. She stated even when we hold an annual meeting for the commission and board members many of them don't come. Further, she expressed support for the idea of having any new members of a board, commission, task force or committee sign a statement that they have received a set of materials explaining conflict of interest. Mayor Umstattd stated she gets the sense that the speakers feel Council wanted to impose the same level of disclosure on them that is required of Council; however, that was never Council's intent. She stated she Town Council Minutes for Mav 22, 2007 Paqe 10 remains concerned about the reputation of this Town and its boards and commissions. Further, she stated we need to ensure that we do not fall victim to the same kind of criticism the County has come under through our own lack of initiative. Mayor Umstattd proposed a motion that this issue be brought back in two weeks for consideration by Council with the one sheet real estate holding form that is currently required of Planning Commissioners and Board of Architectural Review and Board of Zoning Appeals members. In addition all board, commission, committee and task force members should sign a statement that they have received and understand the FOIA and COlA requirements. Mayor Umstattd further stated there is a commissioner who spoke this evening that informed her of a task force that is very reluctant to meet the FOIA requirements, which is of concern. The motion was seconded by Council Member Burk. Ms. Beach asked Council to reconsider closing the public hearing and allow her to bring back what was asked for. She stated this is less than what was advertised so it would not require an additional public hearing. The public hearing was reopened at 8:57 p.m. Council Member Wright stated he is concerned by the statement that some of our volunteers are reluctant to comply with FOlA requirements. He stated this would not be corrected by a requirement to fill out the lengthy disclosure form nor the shorter real estate holdings form. Further, he stated the issue of FOIA and COlA awareness can be solved by a simple resolution stating every board, commission, task force and committee member will be provided information regarding FOlA and COlA and asked to sign a statement stating you have received the information and outlining who to contact if you have questions. Vice Mayor Horne seconded Council Member Wright's motion to amend the primary motion to only move forward with the signature that you have received information on FOlA and COlA and agree to abide by them. Council Member Reid stated this is the first he has heard of an anonymous caller and it was his understanding that this was started as a result of the proliferation of task forces. He asked if the signing of the statement is actionable if someone willingly violates COlA or FOIA. Ms. Beach stated every commissioner, board, task force or committee member is subject to COlA and FOlA. She stated the fines are in the State Code and Council does not need to act to bring anyone under these laws. Further, she stated the proposed additional annual disclosure is not included in the State Code and would be in addition to any other requirements. Council Member Reid verified Council could state the penalties in the statement signed by the commission, board, committee and task force members. Town Council Minutes for May 22. 2007 Page 11 Mayor Umstattd stated she is concerned that because these task force members are not appointed by Council there is no good way to get them into the system. She stated we need a way to ensure these individuals know what their legal requirements are. Further, she stated this can be solved by having everyone sign an acknowledgement statement. Ms. Beach stated the Virginia Municipal League publishes a document annually which summarizes the FOIA and COlA regulations. Council Member Martinez verified signing the document would be a condition of serving. He expressed concern with the staff time that will be used to monitor this process and verified individuals would only be required to sign the document once. Council Member Hammier stated all of these groups meet and all have staff support. She stated during the first meeting of any group 15 minutes should be set aside to review FOIA and COlA presented with the document and form. Further, she stated there may be a webinar or e-based education tool that could provide for education for those with questions. Vice Mayor Horne stated this could have been handled more effectively if it had been fully researched and vetted at the staff level, with some preliminary direction from Council. Council Member Martinez proposed a motion to table the discussion to the June 12 Council meeting. The motion was seconded by Vice Mayor Horne. The motion to table was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Nay: Mayor Umstattd Vote: 6-1 Council Member Burk stated it was important to discuss this in the open and hear from the public. There was further discussion regarding the procedure in handling this issue. Ms. Craun asked Council to consider allowing the chairperson of every board and commission to handle the education of FOlA and COlA. She stated the commission members will not take issue with signing a statement as their main concern was the financial disclosure element. Mayor Umstattd stated it was not Council's intent to require disclosure of spousal or financial information. She stated the Town Attorney advertise the broadest possible ordinance to allow Council flexibility in addressing the issue. Town Council Minutes for May 22. 2007 Page 12 Ms. Craun stated as board and commission members we are already under the requirements of FOlA and COlA, therefore Council should allow us to police ourselves. Mayor Umstattd stated her main goal is to ensure that we do not have any FOIA or COlA problems on our boards, commissions, committees and task forces. Further, she stated she would rather have Town staff ensure everyone understands these requirements. Ms. Craun stated it should be the chairperson's role to guide the education as the members are their responsibility. She stated the staff person should ensure the education is provided correctly. Mayor Umstattd stated it is Council's responsibility therefore staff should provide and oversee the provision of the education and materials. Ms. Kane stated it is Council's responsibility to ensure their appointees to the boards and commissions understand these requirements prior to appointment. She stated the issue of concern is the Performing Arts Task Force which is comprised of four commission members. She stated the other members of the task force are leaders in the arts communities and do not provide any recommendations, rather they assist with the lay work and assembly of information. Mr. Dunn stated individuals who are inclined to violate the FOIA and COlA laws will do so whether or not they are required to sign a statement. H. LEGISLATION CONSENT AGENDA On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the following consent agenda was proposed: 2007-87 RESOLUTION Accepting the public improvements, releasing the performance guarantee and approving a maintenance guarantee for public improvements at the Beeler Property The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 REGULAR AGENDA On a motion by Council Member Martinez, seconded by Council Member Wright, the following motion was proposed: 2007-88 RESOLUTION Authorizing a letter supplement to the Virginia Electric and Power Company (VEPCO) Agreement dated July 27, 2001 for the provision of electric service to the Wastewater Treatment Plant Town Council Minutes for Mav 22, 2007 Paqe 13 The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 I. BOARDS AND COMMISSIONS a. Airport Commission Vice Mayor Horne stated she has a conflict with the standing Commission meeting date and therefore may have to leave her liaison position. Mayor Umstattd stated there have been problems in the past were Council Members were criticized because they were unable to attend their commission meetings. She stated you can serve as a credible liaison to the commission in ways other than attending the meetings. Further, she stated Vice Mayor Horne brings a lot to the position and asked her to take a couple of weeks to consider. Vice Mayor Horne stated she will talk to Mr. Boykin to see what can be worked out. b. Thomas Balch Library Commission No comment. c. Board of Architectural Review Council Member Reid stated the Board will hold a work session on the fire house issue. He stated they plan to hold two more work sessions on the design guidelines. d. Cable Television Advisory Commission Council Member Burk stated her Cable Commissioner has resigned and she will be looking for a replacement. e. Commission on Public Art No comment. f. Economic Development Commission No comment. g. Environmental Advisory Commission Council Member Burk stated the Commission will attend a Council meeting next month to present the Tolbert Awards and provide their annual report. h. Information Technology Commission No comment. i. Parks and Recreation Commission Council Member Wright stated the ground breaking ceremony was held for the tennis facility. j. Planning Commission Council Member Wright stated the Commission is working on the Town Council Minutes for May 22, 2007 Page 14 next batch of Zoning Ordinance amendments. k. Tree Commission Council Member Reid provided Council with a blue print for the Tree Ordinance. He sated the Tree Commission has approved this general concept and will be spending a lot of time working on this issue. Further, he stated the Commission has $10,000 left over in their budget and are hoping to acquire storage space. Further, he stated some of the surplus will be placed in the Tree Bank fund which has a balance of approximately $11,000. I. Standing Residential Traffic Committee No comment. J. OLD BUSINESS None K. NEW BUSINESS a. Leesburg Watershed Planning Committee On a motion by Council Member Martinez, seconded by Council Member Wright, the following motion was proposed: Council Member Reid proposed an amendment to state, "The Town Council hereby endorses expansion and continuation of the Leesburg Watershed Steering Committee to increase stakeholder input through the addition of representatives from the business community, the building industry, a local conservation group, public or private schools, and Town residents (the additional representatives to be sought by the Committee)." The amendment was accepted by Councilmembers Martinez and Wright. 2007-89 RESOLUTION Supporting the expansion of the Leesburg Watershed Steering Planning Committee and directing the focus of their work The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd None 7-0 Nay: Vote: b. Utility Rate Advisory Committee Vice Mayor Horne verified the members will not receive a stipend. On a motion by Council Member Martinez, seconded by Council Member Hammier, the following motion was proposed: MOTION Directing staff to advertise a public hearing for an ordinance to establish a Utility Rate Advisory Committee Town Council Minutes for May 22, 2007 Paqe 15 The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd None 7-0 Nay: Vote: c. Loudoun County Government Center Sites On a motion by Council Member Martinez, seconded by Council Member Burk, the following motion was proposed: Council Member Hammier stated she would like to submit suggestions regarding the wordiness of the document and asked that there be a section at the beginning of the letter to state why a Leesburg location should be chosen. Further, she suggested that the letter include a reference to the Shellhorn site. Council Member Martinez suggested the Town Manager draft the letter based on the comments made tonight and that the draft be circulated to Council before it is sent to the County. Council Member Hammier withdrew her suggested edits. Vice Mayor Horne stated the Town Manager could edit the content of the letter, pull in statements from our original letter and simplify the opening sentence to be more direct. Council Member Wright stated the letter does indirectly address the Shellhorn site. MOTION Authorizing the Mayor to send a letter to the Loudoun County Board of Supervisors regarding potential sites for the Loudoun County Government Center The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd None 7-0 Nay: Vote: L. NEW BUSINESS FOR CONSIDERATION AT A FUTURE MEETING a. Vice Mayor Horne asked that staff look at what can be done regarding the private collection boxes around Town. b. Council Member Wright asked staff to look at an insert program for our utility bill mailings to be used as a communication tool. c. Vice Mayor Horne stated when we have a new proposal from a Council Member or staff she would like to see an analysis of the staff impact of that proposal. Town Council Minutes for Mav 22, 2007 Paqe 16 d. Council Member Reid asked the planning staff look at having amendments to the temporary sign ordinance prepared for the next batch of Zoning Ordinance amendments. e. Council Member Reid asked that an item be added to a future work session agenda regarding sidewalks in the H-1 District. M. COUNCIL COMMENTS Council Member Reid disclosed a meeting with Chris Murphy, Sally Gillette and Mike Capretti regarding Festival Lakes. Further he disclosed a phone call with Mike Banzhaf. Council Member Reid stated he is anticipating a big announcement tomorrow t 1:30 p.m. regarding Battlefield Parkway. This will take place on the corner of Kincaid Boulevard and Battlefield Parkway. Council Member Reid stated he was incredibly impressed by the polo match and the efforts of Morven Park. He stated he would like Council to present certificates of appreciation to those involved. Council Member Wriqht disclosed a meeting with representatives from Waterford Homes. He stated this weekend he participated in the Relay for Life walk and complimented Council Member Martinez on his efforts. He thanked Debi Parry, Tami Watkins and Annie McDonald for keeping the walk going throughout the night. Further, he stated it was a neat event and he is looking forward to participating next year. Council Member Wright commented on the polo event stating it was very successful and he hopes that the Town can increase its presence next year. He stated he is looking forward to the joint meeting with the Economic Development Commission. Council Member Wright encouraged the citizens to continue to speak at the Board of Supervisors meetings in opposition to the Crosstrail development. He stated he is looking forward to the Battlefield Parkway announcement tomorrow. Council Member Hammier disclosed a meeting with Michael Capretti and Sally Gillette regarding PMW Farms (Festival lakes). She stated the discussion of disclosure reminded her that democracy is not easy and it is important to debate these issues. She stated given Memorial Day is Monday it is important to remember that there are those that have given the greatest sacrifice for our ability to both serve on this type of wonderful Council and participate in so many different ways she would like to dedicate her Council comments tonight in their honor as a moment of silence. Council Member Martinez thanked Council Member Hammier for the moment of silence. Town Council Minutes for Mav 22. 2007 Page 17 He stated the Heritage High School baseball team will be playing in the district finals on Thursday. Council Member Martinez disclosed a meeting with Sally Gillette and Michael Capretti regarding their application for Festival Lakes. He thanked his daughter for accompanying him to the polo match. He stated it was a truly unique event and he enjoyed meeting all the different people. Council Member Martinez stated there were over 750 participants in the Relay for Life event. He thanked Tami Watkins for her efforts in helping to organize the Town's participation in the event. Further, he stated it was an honor to read the Town's proclamation for the event. He congratulated Michael Rice and William Shoemaker on their efforts to become Eagle Scouts. Council Member Martinez stated he is looking forward to the joint meeting with the Economic Development Commission. He stated he made no comment last night during the Crosstrail discussion because Council has done a wonderful job in echoing his comments in opposition of this proposal. He stated we need to stay vigilant in our opposition to this development. Further, he thanked Vice Mayor Horne and Council Member Burk for their efforts in association with the Keep Leesburg Beautiful event. Vice Mayor Horne stated she was very pleased to attend the ribbon cutting for the tennis center at Ida Lee last week. She stated Ms. Symington's would have been delighted to see her legacy continuing. She stated she enjoyed the polo match and was impressed by the game. She echoed Council Member Reid's suggestion that Council provide certificates to the individuals involved. Vice Mayor Horne suggested Council present a certificate of appreciation to Memory Porter on the occasion of her retirement. She stated she has agreed to continue serving on the Virginia Municipal League's Legislative Committee and will attend their next meeting in Richmond. Council Member Burk disclosed a meeting with the Pastor of Crossroads Baptist Church regarding their application for an addition to the church. She stated she attended INOVA Hospital breakfast last week and was able to sign the last I-beam they are putting on their new addition. She stated there are a number of campuses being installed around the County to allow all of the residents of Loudoun to have closer access to quality healthcare. Town Council Minutes for Mav 22, 2007 Page 18 Council Member Burk stated while walking on Dry Mill Road yesterday with her husband she was stopped by Terry Titus who thanked Council for the repairs to the sidewalks. She complimented the organizers of the polo match stating it was great fun. She stated she spoke to a few of the sponsoring company presidents who were excited about the event and invited clients from all over the world. Further, she complimented the Economic Development Department for hosting the media all week. Council Member Burk stated the 250th celebration on Saturday was wonderful. She stated the Governor was in attendance and the Mayor did a wonderful job speaking for the Town. She stated we should extend our complements to Mary Beth Mohr, Robin Geiger and Marantha Edwards for a job well done. She thanked the volunteers who worked during the Keep Leesburg Beautiful event. Further, she thanked Vice Mayor Horne, Tami Watkins and Nicole Ard for their assistance in organizing the event. Council Member Burk complimented the recipients of the Business Awards and the Economic Development staff for organizing the ceremony. She thanked Loudoun County Board of Supervisors Chairman Scott York for his invitation to the ceremony before the 250th anniversary event. Council Member Burk stated the Board of Supervisors will vote on the Crosstrails development June 5. She commented on the Town's opposition to the development and stated during the last meeting after our citizens spoke so eloquently of their concerns, Supervisor Clem stated "I am not bothered by remarks made today. I took none of them personally because I know most of them have little or no truth". She stated that is a real sad thing to say, that you don't believe the people who are coming before you. Further, she urged the citizens to attend the meeting to speak in opposition to this proposal. N. MAYOR'S COMMENTS Mayor Umstattd stated every citizen who cares about the Town and the traffic impact the Crosstrail Development will bring should speak at the June 5th Board of Supervisors meeting during the 9:30 a.m. petitioners section. She thanked Council Member Reid and Jim Chandler for attending the Northern Virginia Transportation Authority public hearing on May 10 and doing a very fine job in speaking to Leesburg's transportation needs. Mayor Umstattd thanked the Nursing and Rehabilitation Center for their week long series of events for their residents. She stated the polo match was quite a spectacular event and echoed earlier comments regarding the need to recognize the organizers involved. Mayor Umstattd thanked the business community for their involvement in the Business Awards. She stated the representative from the State Economic Development Department said that our awards ceremony for our businesses was Town Council Minutes for May 22. 2007 Paqe 19 perhaps the best he has seen in the Commonwealth and thanked Betsy Fields, Marantha Edwards and Lisa Capraro for their efforts. She stated she attended an affordable housing forum on May 17 Ashburn. She stated members of the Loudoun County School Board, Loudoun Hospital Director Randy Kelly were also in attendance. Further, she stated those in attendance were told that it is difficult to get potential employees to relocate to this area because of the high cost of housing. Mayor Umstattd congratulated Johanna Coston for opening her building stating Council Members Burk and Reid were in attendance. She commented on the success of the Loudoun 250th Anniversary event stating Senator Herring, Delegate Poisson, Congressman Wolf and Governor Kaine were in attendance. She complimented Loudoun County Administrator Kirby Bowers on his efforts. Further, she asked that certificates be prepared for Mary Beth Mohr, Robin Geiger and Marantha Edwards. O. MANAGER'S COMMENTS Mr. Wells stated staff has circulated information to the home owners associations regarding the public comment opportunity at the June 5 Board of Supervisors meeting. He stated another reminder would be sent next Friday. He clarified the Loudoun Street Task Force has not been disbanded and the public speaker was referencing the two phase membership process. He stated the request for proposal for this project will come forward to Council in the next couple of months. P. ADJOURNMENT On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the meeting adjourned at 10:23 p.m. C. Umstattd, Mayor Town of Leesburg 2007 _tcmin0522