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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 (. 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