HomeMy Public PortalAbout2007_07_24
COUNCIL MEETING
July 24, 2007
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council members Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne,
Marty Martinez, Ken Reid, Kevin Wright, and Mayor Kristen Umstattd.
Councilmembers Absent:
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, Chief of Current Planning Lee Phillips,
Tourism and Marketing Manager Marantha Edwards, Management Specialist Tami
Watkins and Clerk of Council Judy Ahalt.
AGENDA
ITEMS
A. Invocation by Councilmember Member Martinez
B. Salute to the Flag was led by Vice Mayor Horne
C. Roll Call showing all present.
D. Minutes
a. Regular Session minutes of February 27, 2007
On a motion by Council Member Martinez, seconded by Vice Mayor Horne,
the minutes of the February 27, 2007 minutes were approved by a 7-0 vote.
b. Work Session minutes of April 23, 2007
On a motion by Vice Mayor Horne, seconded by Council Member Wright,
the minutes of the April 23, 2007 meeting were approved by a 6-0-1 vote
(Hammier abstaining).
E. Presentations
a. Certificate of Appreciation - Tami Watkins
A Certificate of Appreciation was presented to Tami Watkins, Management
Specialist for her extraordinary efforts and service to the Town of Leesburg
and its citizens for the period July 1, 2004 to July 27, 2007.
F. Petitioners
The petitioners section opened at 7:48 p.m.
Lisa Krueger addressed Council on behalf of the Smarts Mill Middle School PTA
5K Race. She stated the race will take place on October 27, 2007. She stated they
have completed the application with Parks and Recreation and would like to have the
fees associated with the event waived.
Mayor Umstattd asked for a report from Parks and Recreation.
Rev. Jenunee Cunninoham, St. Gabriel's Church, addressed Council stating
they have been offered a donation of three land parcels for a future church. She
stated the acreage includes three parcels; one part in Town and two in the County.
Town Council Minutes for July 24. 2007
Page 2
Reverend Cunningham asked for advice on whether these parcels should be
incorporated into one; annexed into the Town, de-annexed into the County or a dual
process.
Art Thompson, Chairman of the Building Committee for St. Gabriel's Church,
addressed Council. He stated Battlefield Parkway will have an intersection just north
of Edwards Ferry Road and Battlefield Parkway. He stated they hope to develop a
turn lane into their property while the Battlefield Parkway construction is occurring.
In addition they are having an engineering study to see where a gravel road into the
property may go.
Rev. Cunningham stated if they are not annexed into the Town they are
interested in receiving Town water and sewer rates.
Council Member Burk asked the Town Manager to come back at the next
meeting with the best options for the church and the Town.
Council Members thanked Rev. Cunningham and Mr. Thompson for coming.
Council Member Martinez stated a boundary line adjustment may be the most
appropriate way to bring the property into the Town.
The Mayor agreed a boundary line adjustment would take a shorter time.
The petitioners section closed at 8:00 p.m.
G. Public Hearing
None
H.
I
Legislation
ORDINANCES
CONSENT AGENDA
On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the
following consent motion was proposed:
2007-111
RESOLUTION
Awarding contracts for the review of engineering construction drawings to Post,
Buckley, Schuh & Jernigan, Inc. of Chantilly, Virginia; Stantec & Associates of
Leesburg, Virginia; and Kimley-Horn & Associates of Herndon, Virginia
2007-106
RESOLUTION
Approving a supplemental appropriation of $1,500 to the FY 2008 Budget resulting
from a donation to the Community Outreach Program from the Heritage Square
Homeowners Association
2007-107
RESOLUTION
Town Council Minutes for July 24. 2007
Page 3
Approving Virginia Power Right-of-Way Agreement for Utility Lines Maintenance
Building project and authorizing the Town Manager to execute this agreement
2007-108
RESOLUTION
Authorizing staff to continue with the mosquito control plan at Town owned facilities
in response to West Nile Virus on an annual basis
2007-109
RESOLUTION
Awarding the design and engineering services contract for the Lower Sycolin Sewer
Conveyance System to Dewberry & Davis, LLC
The consent motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
I REGULAR AGENDA
MOTION
County Government Water Rate
Council Member Martinez made a motion, seconded by Council Member
Hammier, to direct staff to include in the work program of the Utility Rate Advisory
Committee the examination of the establishment of a "Government Rate." This
examination will include an analysis from a financial, legal, and operational
perspective.
John Wells reminded Council last night's discussion requested that non-
profits be look at as well and that motion is provided.
Mayor Umstattd read the alternate motion as follows: to direct staff to include
in the work program of the Utility Rate Advisory Committee the examination of the
establishment of a "Government Rate" and a "Non-profit Rate." This examination will
include an analysis from a financial, legal and operational perspective.
Council Member Martinez stated his preference for the alternate motion.
Council Member Hammier stated her preference for the original motion.
Council Member Hammier made a motion to amend by adding language to
the original motion as follows: "Anticioating joint County/Town continued
cooperation through the AADP Committee, I move to direct staff to include in the
work program of the Utility Rate Advisory Committee the examination of the
establishment of a "government rate". "This examination will include input from the
AADP committee and analysis from a financial, legal, and operational perspective".
Council Member Martinez stated he would like to focus on just the
government rate issue. He added he and Council Member Wright are working well
with the AADP Committee in resolving a lot of these issues.
Mayor Umstattd stated her belief that the Utility Rate Advisory Commission
would ask Council Members Martinez and Wright to talk to them if needed.
Town Council Minutes for July 24, 2007
Page 4
Mayor Umstattd stated the friendly motion to amend was not seconded.
Council Member Hammier made a motion to amend, seconded by Council
Member Wright. She stated the ultimate goal is that this land is coming in and
solves the government rate issue. The long term issue is to keep the plan to bring
the land into the Town on our radar screen.
Council Member Martinez stated when this issue was brought up it was not
connected with the AADP Committee or annexation.
Mayor Umstattd stated legally her concern is that we not address issues other
than government rates.
Town Attorney Beach stated this needs some serious legal research.
The motion to amend failed by the following vote:
Aye: Reid, Wright and Hammier
Nay: Burk, Horne, Martinez and Mayor Umstattd
Vote: 3-4
Council Member Reid made a motion, seconded by Council Member Martinez,
to amend the original draft motion.
The amended motion would state that a non-profit rate would be considered
at a future time.
The motion to amend failed by the following vote:
Aye: Reid and Martinez
Nay: Burk, Hammier, Horne, Wright and Umstattd
Vote: 2-5
The original draft motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Wright and Mayor Umstattd
Nay: Reid
Vote: 6-1
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
following motion was proposed:
2007-110
RESOLUTION
Making appointments to the Utility Rate Advisory Committee - Joel Eacker and GiGi
Robinson
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
It was reported there would no meeting in August.
Town Council Minutes for July 24. 2007
Page 5
b. Thomas Balch Library Commission
No comment
c. Board of Architectural Review
No comment
d. Cable Television Advisory Commission
No comment
e. Commission on Public Art
Council Member Burk said goodbye to Tami Watkins adding their
ordinance has been completed.
f. Economic Development Commission
No comment
g. Environmental Advisory Commission
Council Member Burk stated the Commission has provided magnets to
let people know what different types of things can be recycled.
Council Member Reid stated the need for more business recycling.
h. Information Technology Commission
No comment
i. Parks and Recreation Commission
No comment
j. Planning Commission
Council Member Wright stated the Market Square at Potomac Station
public hearing was held and the Commission will have one more work session
before forwarding to Council. Additionally, all but one of the Zoning
Ordinance amendments was approved by the Planning Commission.
k. Tree Commission
Council Member Reid stated the Commission's Homeowners
Association Summit is September 15 at Ida Lee.
I. Standing Residential Traffic Committee
Council Member Reid stated the Committee received a petition from
residents of Ayr Street asking for a flashing light on Market because of
crashes and pedestrian crossing issues. He stated the police have determined
there have been an inordinate number of crashes because of the blind spot at
the intersection.
He also stated there is a problem with cut-thru traffic at Mom's Apple
Pie.
Vice Mayor Horne stated that is a police issue.
J. Old Business
None
Town Council Minutes for July 24. 2007
Page 6
K. New Business for Consideration at a Future Meeting
Council Member Burk asked that a resolution for Stream Day be forwarded at
the next meeting.
She also asked for a report from Dr. Goodfriend.
Council Member Reid asked for a report on the new job description for the
Economic Development Department positions. Also, he asked what efforts are being
done to secure private grants for Balch Library.
L. New Business
a. Authorizing the Mayor to send a letter to the Loudoun County Board of
Supervisors regarding Crosstrail.
Council Member Wright made a motion, seconded by Council Member
Martinez, to forward the letter as written.
Mayor Umstattd made a friendly amendment to remove the bold text
from the letter.
The motion was seconded by Council Member Martinez.
The amendment failed by the following vote:
Aye: Burk, Martinez and Mayor Umstattd
Nay: Hammier, Horne, Reid and Wright
Vote: 3-4
Vice Mayor Horne made a friendly amendment to amend the last
sentence of paragraph two to replace the word "asked" with "directed".
Council Members Wright and Martinez accepted the friendly
amendment.
Council Member Martinez stated the need to exclude the AADP
Committee and annexation from these discussions.
Council Member Wright stated he partially agrees but he would like to
highlight the hard work of the AADP Committee and cooperative efforts.
Council Member Burk asked to take out the language concerning the
Peterson Company.
Council Member Martinez seconded the motion.
The amended original motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Reid and Wright
Nay: Martinez and Umstattd
Vote: 5-2
Town Council Minutes for July 24. 2007
Page 7
M. Council Comments
Council Member Reid stated he has looked at the Board of Supervisors
resolution on immigration and recommended doing something similar on the Town
level.
He stated two lessons have been learned on major rezonings such as
Crosstrail. The days when governing bodies will do back flips to approve projects
with significant traffic impact are over.
He stated they had a good meeting with the County, but Peterson Company
was belligerent and didn't want to deal with the Town on water and sewer.
Secondly, the amount of time the Airport Commission, Town staff,
homeowner's associations, John Drury, Bob Steiff, Virginia McGuire, Bob Shamla,
Ann Jansen, Tom Toth and Dennis Boykin have really kept Peterson Company's feet
to the fire.
He stated he would much rather have been reviewing the Crosstrail
application and controlling Leesburg's destiny as a result of annexation into the
Town.
He also gave credit to Council Member Wright and Council Member Martinez
for their work thru the AADP committee.
Council Member Wright disclosed a meeting on July 12 with Dave Ritchie of
Clark Realty regarding the Market Square at Potomac Station development.
He reported talking with Mr. Curley regarding water rates.
He stated he was encouraged by the briefing from Ed McMahon on
development patterns. He said that briefing was encouraging in that what we want
to see happen is within our control. He further highlighted the need to get started
with our form based code.
He stated he was thrilled the Board of Supervisors supported the Town of
Leesburg on Crosstrail and confirmed us as the provider of water and sewer in the
JMLA.
He thanked the homeowners associations and citizen for support of the
Town's position on Crosstrail.
Council Member Wright stated we need to continue to take good faith efforts
with the County.
He reported the AADP discussion with the out-of- Town water users raised a
question with regard to the excess water surcharge.
He commented the Wayfinding signs went thru the Board of Architectural
Review. Adding, canvas signs are not going to wear and are not a good choice.
Council Member Hammier thanked the Board of Supervisors for their vote and
support on Crosstrail. In particular she thanked Sally Kurtz and stated teamwork
between the two bodies needs to continue.
Town Council Minutes for July 24. 2007
Page 8
She stated a lesson learned was how important our urban core of Leesburg is.
She thanked Ed McMahon and Susan Swift for the presentation.
She stated the importance of extending the character and identity of
downtown Leesburg and having a road map for strategic planning. She added what
we are building today is what we want to be proud of and preserve tomorrow.
Council Member Martinez thanked Leesburg Today for their perception of the
Board of Supervisors resolution on immigration. He is glad they are taking steps to
define the cost of services to the County and to go after employers of immigrants.
He stated he is grateful the County made the right decision on water and
sewer and denial of Crosstrail. He added the amount of effort of residents, Town and
County staff was enormous. He stated he is proud of the community and the Airport
Commission for fighting this application.
He stated his hope that we can do something for the Smarts Mill PTO.
He stated during the 2002 and 2003 annexation attempt many people were
unaware of what was going on and the Board at that time would have fought our
efforts.
He asked Council to support the Cool City initiative.
Council Member Burk stated the Environmental Advisory Commission looked
at this project and was not in favor of proceeding.
Council Member Burk stated a letter has been sent to the School Board about
green building initiatives.
Council Member Martinez thanked Council for working with him and Council
Member Wright on AADP issues.
Vice Mayor Horne thanked Council Member Hammier for inviting Ed McMahon
to speak to Council.
She stated her appreciation to citizens and their persistent efforts on the
Crosstrail issue.
She reported that Patrick Flynn with Pump It Up has signed a lease for their
business on Lawson Road and expects to have a grand opening in October.
Council Member Burk thanked Council Member Hammier for inviting Ed
McMahon to brief Council.
She commended the Board of Supervisors for denying Crosstrail. She
thanked the homeowners associations, Planning Commission, Economic Development
Commission, Council, Airport Commission, and citizens for their support and she is
happy and proud to be part of it.
Town Council Minutes for July 24. 2007
Page 9
She congratulated Reverend Minks who was appointed pastor of the 2nd Mt.
Olive Baptist Church.
She stated the trip to Frederick, Maryland was very interesting. Frederick has
a canal walk called the Carroll Creek Canal Walk which was started as a flood project
30 years ago and consequently Frederick has become a very vibrant and active city.
She stated they have incorporated public art into the project.
She stated on July 19 she attended the VML Committee on Environmental
Quality in Richmond.
She stated at the July 19 Public Arts Commission meeting they said goodbye
to Tami Watkins.
She stated she attended the VML Conference on the New Transportation Bill.
The Secretary of Transportation spoke. It was a lot of information.
She invited everyone to see the Neil Steinberg (from Photoworks) Exhibition
at the Waddell Building at Northern Virginia Community College.
N. Mayor's Comments
Mayor Umstattd thanked Council Member Burk for getting the word out
regarding Crosstrail to the individual homeowner's associations.
She stated she was proud of Council at the Board of Supervisors meeting. She
thanked all of the citizens, commissions, pilots, homeowners associations, and staff
for their dedicated service in supporting the Town on a denial for Crosstrail.
The Mayor recognized Tim Jon who will be directing Henry the V at Morven
Park.
She stated Morven Park plans to make performances a regular thing and will
continue supporting arts.
The Mayor thanked GiGi Robinson for her faithfulness to the Crosstrail project
and other issues involving the Town.
o. Manager's Comments
Mr. Wells stated the Town will be participating in National Night out and more
details will follow.
He reported he and Tom Mason attended a low impact development
techniques, green technology and storm water runoff seminar.
P. Closed Session
a. To discuss a legal matter regarding Dominion Virginia Power and
potential litigation relating to a subdivision
On a motion by Mayor Umstattd, seconded by Council Member
Martinez, the following motion was proposed:
Pursuant to Section 2.2-371l(A)(7) of the Code of Virginia, I move
that the Leesburg Town Council convene in a closed meeting to discuss a
Town Council Minutes for July 24. 2007
Page 10
legal matter regarding Dominion Virginia Power and potential litigation
relating to a subdivision.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
The open meeting reconvened at 9:50 p.m. and the following motion
was made by Mayor Umstattd, seconded by Vice Mayor Horne:
In accordance with Section 2.2-3712 of the Code of Virginia, I move
that Council certify that to the best of each member's knowledge, only
public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act and such
public business matters as were identified in the motion by which the
closed meeting was convened were heard, discussed or considered in the
meeting by Council.
The motion was approved by the following vote:
Aye: Burk, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1(Hammler absent)
Q. Adjournment
On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the
meeting adjourned at 10:00 p.m.
~ f\{ .'--t
(. (-- l. ~~lfil
'Krist C. mstattd, Mcfyor t
Town of Leesburg
If), fI#.d
2007 _tcmin0724