HomeMy Public PortalAbout2007_08_14
COUNCIL MEETING
August 14, 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: Council Member Martinez arriving at 7:50 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 Parks and Recreation Kaj
Dentler, Director of Capital Projects Management Nagi Elsewaissi, Recreation
Programs Manager Kate Trask, Lieutenant Brian Rourke, Officer Chris Tidmore,
Downtown Coordinator Lisa Capraro, Capital Projects Engineer Renee LaFollette,
Planner Wade Burkholder, Management Specialist Tami Watkins and Clerk of Council
Judy Ahalt.
AGENDA
ITEMS
A. Invocation by Mayor Umstattd
B. Salute to the Flag was led by Council Member Hammier
C. Roll Call showing Council Member Martinez arriving at 7:50 p.m.
D. Minutes
a. Regular Session Minutes of March 13, 2007
On a motion by Vice Mayor Horne, seconded by Council Member Burk,
the minutes of the March 13, 2007 regular session minutes were approved by
a 6-0-1 (Martinez absent) vote.
b. Work Session Minutes of May 7, 2007
On a motion by Council Member Wright, seconded by Council Member
Burk, the minutes of the May 7, 2007 meeting were approved by a 6-0-1
(Martinez absent) vote.
E. Presentations
a. Proclamation - Stream Day
On a motion by Council Member Reid, seconded by Council Member
Burk, the following proclamation was presented to Virginia McGuire, Chairman
of the Environmental Advisory Commission, by a 6-0- 1 (Martinez absent)
vote:
PROCLAMATION
Family Stream Day
October 20, 2007
WHEREAS, in 2000 volunteer monitoring groups and other concerned
citizens formed the Loudoun Watershed Watch; and
Town Council Meeting of August 14, 2007
Page 2
WHEREAS, Loudoun Watershed Watch held the first annual Family
Stream Day on October 19, 2002; and
WHEREAS, the purpose of Family Stream Day is to offer exploration of
a local urban stream and hands-on discovery of the smart landscaping, storm
water and erosion control, stream assessment and monitoring, and the many
ways individuals can help our local streams and environment; and
WHEREAS, the 6th annual Family Stream Day will be held on October
20 from 10:00 a.m. to 3:00 p.m. at Harper Park Middle School in Leesburg;
and
WHEREAS, the theme of this year's event is "Streams - Discover the
Hidden Treasures".
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia
hereby proclaim October 20, 2007 as Family Stream Day in the Town of
Leesburg and urge all citizens to support the efforts of Loudoun Watershed
Watch.
PROCLAIMED this 14th day of August 2007.
b. Certificates of Appreciation - National Night Out
Certificates of Appreciation were presented to the following for their
efforts associated with National Night Out 2007: Officer Chris Tidmore, Officer
Eric Wakeham, Officer John Pearson, Officer Andrew Zucco, MPO Willie Potter,
MPO Bruce "Bill" Wolff, MPO Mark McCartney, Officer Tim Diviney, Officer
Greg Parsons, Lt. Brian Rourke, Chief Joe Price, Leesburg Police Citizens
Support Team Members, Sandy Kane, Steve Hood, Cathy Tomfohrde, Lora
Tacey, Kathleen Robinson, Maggie Longhurst, Leslie Haymond, Team Target
Tim Jones, Mike Serio, Stefanie Serio, Brian Pope, Danny Kramer, Meredith
Berwick, Pam Sadowski; R.O.C.K. staff Tony Conway, AIi McConnell, Paul
Shockey, and Kristen Fountain.
c. Report from Doctor Goodfriend - Loudoun County Health
Department
Dr. Goodfriend gave a report on the health of Leesburg and Loudoun
County. He added Loudoun's health is one of the best in Virginia and higher
than the national average.
He stated the issues for our area are Flu Pandemic, Lymes Disease and
TB has been going up in the last ten years. A new issue is the water quality
of community swimming pools as pool maintenance quality has dropped.
Council thanked Dr. Goodfriend for the report.
F. Petitioners
The petitioner's section opened at 8:06 p.m.
Dave Galen, Loudoun County Volunteer Rescue Squad Vice President
addressed Council and thanked them for their past and continued support.
He stated the funding provided by the Town goes to their operational budget.
Town Council Meeting of August 14, 2007
Page 3
He stated they have purchased a new ambulance and need the public's
continued support. He added that on September 11 they will start a fundraising
campaign called "Eat this ambulance".
Peter Burnett, Downtown Improvement Association, addressed Council about
their plans regarding the revitalization of downtown Leesburg. He stated the
association dues are $1,000. He added they plan to hire expertise to bring solutions
to the Town.
Mr. Burnett added they have tremendous support for one plan and one voice.
He cited the Lansdowne Center as a good example.
Paige Buscema, Eyetopia introduced the new board members of the Leesburg
Downtown Business Association.
They are President Sola Pallotta, Vice President Carrie Whitmer, Treasurer
Melanie Miles, and Secretary Kristin Crosby.
Martha Polkey, The Catoctin Coalition, addressed Council stating they formed
in 2001 because of the Coalition's alarm that VDOT's proposed redesign of Route 15
would worsen the safety of Rt. 15.
She explained what their group has done through the years to work within the
public process including presentations to the Governor and state legislators to
improve Rt. 15 safety.
Ms. Pol key stated she has filed a complaint with Council about Councilman
Ken Reid's repeated false statements about her, our organization, and its
accomplishments. She stated she has seen no documentation from him justifying
the statements he made. She added there is none, because they are untrue.
She stated she would like to tell the citizens of Leesburg whether it was he
who told Mr. Muse that we in The Catoctin Coalition fought against improvements
that could have saved his children's lives.
She added it is hard for her to imagine, as the parent of teenaged drivers, the
additional agony that this false statement must have caused the Muse family, told to
them it would seem within hours of identifying their children's bodies. She stated
she has never, ever before seen such ugly behavior on the part of a public official
adding there should be consequences for it.
The Mayor apologized on behalf of Council stated their organization has safety
of Loudoun County at the forefront and deserves to be praised not criticized. Mayor
Umstattd responded by saying "Ms. Pol key, I want to apologize to you on behalf of
the Council for the suffering that you and the members of the coalition have gone
through because of those statements that were made. It is clear to me that your
organization has had at its heart only the safety of the citizens of Loudoun County,
even beyond Lucketts. You have done good work; you deserve to be praised for
that, not criticized. I am deeply sorry that any statements made in the press or on
the internet caused you pain. They should not have been made. I am sorry they
were made. But, you obviously have always been a group that has done your
Town Council Meeting of August 14, 2007
Page 4
homework and have always worked for the citizens of Loudoun County and I deeply
appreciate that".
Kendrick Moss Umstattd spoke on behalf of the YMCA Fun Run which has
been taking place for 19 years. She stated the run is for children and those who
completed the event were given a medal, bag and water battle.
Paul Richey, 221 Shenandoah Street, addressed Council about his safety
concerns of bicycles being on sidewalks. He suggested bicycles be licensed and the
use of bike lanes.
Jennifer Harrington, 103 N. King Street, addressed Council regarding an
incident in the Town parking garage. She stated she attempted to let the Town
know she was leaving her vehicle in the parking garage while on a trip to Europe.
When she returned her vehicle has been towed and it cost her $547 to get it
returned. She stated the garage was not posted regarding leaving vehicles for an
extended period of time. Further, she has asked John Wells for a refund of the
towing expenses.
The Mayor stated she has spoken to the Town Manager regarding this issue
and agrees the rental agreement does not warn that unstickered vehicles will be
towed. She stated the Town will revise the rental agreement and post rules in the
garage.
She asked the Town Attorney to research a way reimburse for the storage of
vehicles.
Council further discussed this situation and possible revisions to the rental
agreement and asked for a written report at their September 10 meeting.
Virginia McGuire, 901 Rhonda Place SE, addressed Council regarding a storm
water pond management problem in Kincaid Forest. She stated most plants were
cut down during maintenance but she was able to negotiate retaining the trees.
She added her intent is not to criticize the Town as she knows it is standard
operating procedure to clean and maintain the ponds.
She asked for reconsideration on Storm Water Pond maintenance on ponds
and will discuss the matter with the Environmental Advisory Commission.
Tom Mason stated he is open to new ideas as water quality is of utmost
importance. He stated he is willing to work with different groups to explore changes
from dry to wet ponds.
Council Member Wright stated the Planning Commission would be interested
in what kind of trees can be used in a floodplain.
The Mayor agreed it is good to look at changes to our practices.
The petitioner's section closed at 8:57 p.m.
G. Public Hearing
a. Polling Places Code Amendment
Town Council Meeting of August 14, 2007
Page 5
The public hearing opened at 9:43 p.m.
Town Attorney Beach stated the General Registrar has made changes
to the polling places and this ordinance will make those changes to have our
code in agreement.
The Town Attorney stated the only requirement to make a change is a
60 day review by the Justice Department.
Ms. Ard added the Registrar will coordinate with citizens to know their
voting location.
Council Member Reid voiced concern with the Woodlea Manor
Subdivision being split.
Council Member Wright stated this ordinance will follow what the
County is doing and simplify the process.
Vice Mayor Horne stated the SE and SW quadrants of Town are mostly
affected and asked that staff provide colored copies of the quadrant maps.
The Town Attorney read the description of the polling precincts into
the record as follows:
SECTION I. That Section 6-1 (PRECINCTS) of Chapter 6 (ELECTIONS)
be and the same hereby is amended and reordained to read as follows:
Sec. 6-1. Precincts.
There shall be flffie-eleven voting precincts in the municipality as follows:
All references to streets shall be interpreted as to the centerline.
(.:I) Creenw.:I'{ Precinct (To'Nn Code 1440A). Beginning.:lt the intersection of
St.:lte Route 699 (Dry ~~ill Road) .:Ind the corporate line of the Town of
Lecsburg, thence e.:lst .:Ilong the corpor.:lte line of the Tovm of Leesburg to the
St.:lte Route 7 Byp.:lss; thence southe.:lsterly .:Ilong the State Route 7 Bypass
to its intersection with US Route 15; thence south'Nesterly .:Ilong US Route 15
to its intersection 'Nith the southern corpor.:lte line of the TO'lm of Leesburg;
thence '..,est and north .:Ilong thc corpor.:lte line of the TOlyvn of Lccsburg to thc
point of bcginning .:It its intcrscction with St.:ltc Route 699 (Dry ~1ill RO.:ld) .:Ind
the St.:lte Route 7 Byp.:lss.
(a) Greenwav Precinct (Town Code 1440A). Beginning at the intersection of
State Route 699 (Dry Mill Road) and the corporate line of the Town of
Leesburg: thence east along State Route 699 (Drv Mill Road) to the State
Route 7 Bypass: thence southeasterly along the State Route 7 Bypass to its
intersection with US Route 15: thence southwesterly along US Route 15 to its
iunction with Greenway Drive: thence west along Greenway Drive to its
intersection with an un-named stream: thence northwesterly along said un-
named stream to its junction with Tuscarora Creek: thence southwesterly
alonq Tuscarora Creek to its intersection with the corporate line of the Town
of Leesburg: thence north alonq the corporate line of the Town of Leesburg to
the point of beginninq at its intersection with State Route 699 (Dry Mill Road)
-'-
Town Council Meeting of August 14. 2007
Page 6
(b) Balls Bluff Precinct (Town Code 1440B). Beginning at the intersection of
State Route 773 (Edwards Ferry Road) and the US Route 15 Bypass; thence
north along the US Route 15 Bypass to its intersection with Balls Bluff Road;
thence east along Balls Bluff Road and continuing north and east along the
corporate line of the Town of Leesburg to its junction with the south bank of
the Potomac River; thence south along the south bank of the Potomac River
to the corporate line of the Town of Leesburg; thence southwest along the
corporate line of the Town of Leesburg to its intersection with State Route
773 (Edwards Ferry Road); thence west along State Route 773 (Edwards
Ferry Road) to the point of beginning at its intersection with the US Route 15
Bypass.
(c) Evergreen Precinct (Town Code 1440C). Beginning at the intersection of
US Route 15 and the State Route 7jUS Route 15 Bypass; thence east along
the State Route 7 JUS Route 15 Bypass to its intersection with State Route
643 (Sycolin Road); thence south on State Route 643 (Sycolin Road) to its
junction with the southern corporate line of the Town of Leesburg; thence
west following the southern corporate line of the Town of Leesburg to its
intersection with US Route 15; thence north along US Route 15 to the point of
beginning at its intersection with the State Route 7jUS Route 15 Bypass.
(d) Tolbert Precinct (Town Code 1440D). Beginning at the intersection of
the US Route 15 Bypass and State Route 773 (Edwards Ferry Road); thence
east on State Route 773 (Edwards Ferry Road) to its junction with River Creek
Parkway; thence south along River Creek Parkway to its intersection with the
corporate line of the Town of Leesburg; thence south along the corporate line
of the Town of Leesburg to its intersection with State Route 7; thence east
along State Route 7 to its junction with State Route 653 (Cochran Mill Road);
thence south along State Route 653 (Cochran Mill Road) to its intersection
with Tuscarora Creek; thence northwest along Tuscarora Creek to the
corporate line of the Town of Leesburg; thence southwest along the corporate
line of the Town of Leesburg to the Washington & Old Dominion Trail; thence
northwesterly along the Washington & Old Dominion Trail to its intersection
with Lawson Road; thence northeast along Lawson Road to its junction with
State Route 7; thence west along State Route 7 to its intersection with the US
Route 15 Bypass; thence north along the US Route 15 Bypass to the point of
beginning at its intersection with State Route 773 (Edwards Ferry Road).
(e) West Leesburg Precinct (Town Code 1440E). Beginning at the junction
of State Route 7 and the western corporate line of the Town of Leesburg;
thence north and east along the western corporate line of the Town of
Leesburg to its intersection with US Route 15 Business (North King Street);
thence south along US Route 15 Business (North King Street), crossing State
Route 7 to the junction of US Route 15 Business (South King Street) with
Davis Avenue; thence west along Davis Avenue to its junction with Valley
View Avenue; thence north along Valley View Avenue to its junction with
Catoctin Circle; thence west along Catoctin Circle to its junction with Dry Mill
Road; thence north along Dry Mill Road to its junction with the Town Branch;
thence west along the Town Branch to its intersection with Catoctin Circle;
thence north along Catoctin Circle to its intersection with State Route 7;
thence west along State Route 7 to the point of beginning at its intersection
with the western corporate line of the Town of Leesburg.
Town Council Meeting of Auqust 14, 2007
Paqe 7
(f) East Leesburg Precinct (Town Code 1440F). Beginning at the junction of
State Route 7 (East Market Street) and Catoctin Circle; thence north along
Catoctin Circle to its intersection with Battlefield Parkway; thence east along
Battlefield Parkway to its intersection with the US Route 15 Bypass; thence
southeast along the US Route 15 Bypass to its junction with State Route 7
Business; thence west along State Route 7 Business (East Market Street) to
the point of beginning at its junction with Catoctin Circle.
(g) Dry Mill Precinct (Town Code 1440G). Beginning at the intersection of
the western corporate line of the Town of Leesburg and State Route 7
Business; thence east along State Route 7 Business to its junction with
Catoctin Circle; thence south along Catoctin Circle to its intersection with the
Town Branch; thence east along the Town Branch to its junction with Dry Mill
Road; thence south along Dry Mill Road to its junction with Catoctin Circle;
thence east along Catoctin Circle to its junction with Valley View Avenue;
thence south along Valley View Avenue to its junction with Davis Avenue;
thence east along Davis Avenue to its junction with US Route 15 Business
(South King Street); thence south along US Route 15 Business to its junction
with the State Route 7 Bypass; thence west along the State Route 7 Bypass
to State Route 7 Business and the point of beginning at the junction of State
Route 7 and the western corporate line of the Town of Leesburg.
(h) Smarts Mill Precinct (Town Code 1440H). Beginning at the junction of
State Route 7 (Market Street) and US Route 15 Business (King Street) in the
center of the Town of Leesburg; thence north along US Route 15 Business to
its junction with the US Route 15 Bypass; thence southeast along the US
Route 15 Bypass to its junction with Battlefield Parkway; thence west along
Battlefield Parkway to its intersection with Catoctin Circle; thence south along
Catoctin Circle, crossing State Route 7 (Market Street), to its junction with US
Route 15 Business (King Street; thence north along US Route 15 Business
(South King Street) to the point of beginning of its junction with State Route
7 (Market Street) in the center of the Town of Leesburg.
(i) Cool Spring Precinct (To'lm Code 14401). Beginning.Jt the point of
intersection of St.Jte Route 7 .Jnd the US Route 15 Bypass; thence e.Jst along
St.Jte Route 7 to its intersection with L.Jwson RO.Jd; thence southwest .Jlong
L.Jwson RO.Jd to its intersection with the W.Jshington & Old Dominion Tr.Jil;
thence south .Jlong the W.Jshington & Old Dominion Tr.Jil to its intersection
......ith the corporate line of the Town of Leesburg; thence follo......ing the
corpor.Jte line of the Town of Leesburg to its intersection with St.Jte Route
643 (Sycolin RO.Jd); thence north .Jlong St.Jte Route 643 (Sycolin RO.Jd) to its
intersection with the US Route 15 Byp.Jss; thence ''''est along the US Route 15
Byp.Jss to its intersection with US Route 15 Business; thence north .Jlong US
Route 15 Business to its intersection with Catoctin Circle; thence northeast
.Jlong C.Jtoctin Circle to its intersection .....ith Stotc Route 7; thence east along
St.Jte Route 7 to thc point of beginning .Jt the intersection of State Route 7
and the US Route 15 Byp.Jss.
(i) Cool Sprinq Precinct (Town Code 14401). Beginning at the point of the
intersection of State Route 7. Business Route 7. and the US Route 15 Bypass;
thence east along State Route 7 (Market Street, East) approximately 650 feet
to a point when taken in a southwesterly direction forms an extension of
Lawson Road: thence from the Doint follow the extension line of Lawson Road
Town Council Meeting of August 14. 2007
Page 8
approximately 110 feet southwest to Lawson Road: thence southwest along
Lawson Road to its intersection with the Washington & Old Dominion Trail:
thence south along the Washington & Old Dominion Trail to its intersection
with the corporate line of the Town of Leesburg: thence following the
corporate line of the Town of Leesburg west and south to its intersection with
State Route 643 (Sycolin Road): thence north along State Route 643 (Sycolin
Road) to its intersection with US Route 15 Bvpass: thence northeast along the
State Route 7 and US Route 15 Bypass to the pOint of beqinning at its
intersection with State Route 7 and Business Route 7.
(j) Brandon Park Precinct (Town Code 1440J). Beginning at the point of the
intersection of State Route 7. Business Route 7. and the US Route 15 Bypass:
thence southwest along State Route 7 and US Route 15 Bypass to its
intersection with US Route 15 Business (Kinq Street): thence north alonq US
Route 15 Business (King Street) to its intersection with Catoctin Circle: thence
northeast alonq Catoctin Circle to its intersection with Business Route 7
(Market Street. East): thence east along Business Route 7 (Market Street.
East) to the point of beginning at the intersection of State Route 7 and the US
Route 15 Bypass.
(k) Heritage Precinct (Town Code 1440K). Beginning at the iunction of US
Route 15 and Greenway Drive: thence southwesterly alonq US Route 15 to its
intersection with the southern corporate line of the Town of Leesburg: thence
west and north along the corporate line of the Town of Leesburg to its
intersection with Tuscarora Creek: thence northeasterly along Tuscarora
Creek to its junction with an un-named stream: thence south alonq said un-
named stream to its intersection with Greenway Drive: thence east along
Greenway Drive to the point of beginning at its junction with US Route 15.
SECTION II. That Section 6-2 (VOTING PLACES) of Chapter 6
(ELECTIONS) be and the same hereby is amended and reordained to read as
follows:Sec. 6-2. Voting places.
The election of municipal officials and the voting place for such election in the
Greenway Precinct Number 1440A shall be at the Leesburg Baptist Church,
835 Lee Avenue, SW; the election of municipal officials and the voting place
for such election in the Balls Bluff Precinct Number 1440B shall be at Ball's
Bluff Elementary School, 821 Battlefield Parkway, NE; the election of
municipal officials and the voting place for such election in the Evergreen
Precinct Number 1440C shall be at Evergreen Mill Elementary School, 491
Evergreen Mill Road, SE; the election of municipal officials and the voting
place for such election in the Tolbert Precinct Number 1440D shall be at John
W. Tolbert, Jr. Elementary School, 691 Potomac Station Drive, NE; the
election of municipal officials and the voting place for such election in the
West Leesburg Precinct Number 1440E shall be at the Leesburg Volunteer Fire
Department Building, 215 Loudoun Street, SW; the election of municipal
officials and the voting place for such election in the East Leesburg Precinct
Number 1440F shall be at Frances Hazel Reid Elementary School at 800 North
King Street, NE; the election of municipal officials and the voting place for
such election in the Dry Mill Precinct Number 1440G Southe.Jst Leesburg shall
be at C. S. Monroe Technology Center, 715 Childrens Center Road, SW; the
election of municipal officials and the voting place for such election in the
Smarts Mill Precinct Number 1440H shall be at Smarts Mill Middle School, 850
Town Council Meeting of August 14. 2007
Page 9
North King Street, NE; the election of municipal officials and the voting place
for such election in the Cool Spring Precinct Number 14401 shall be at the
Cool Spring Elementary School, 501 Tavistock Drive, SE; the election of
municipal officials and the votinq place for such election in the Brandon Park
Precinct Number 1440J shall be at the Loudoun County High School. 415 Dry
Mill Road. SW: the election of municipal officials and the voting olace for such
election in the Heritage Precinct Number 1440K shall be at the Heritage High
School. 520 Evergreen Mill Road, SE.
There were no speakers.
The public hearing closed at 9:54 p.m.
On a motion by Council Member Martinez, seconded by Vice Mayor
Horne, the following motion was proposed:
2007-0-15
ORDINANCE
To amend and Reordain Section 6-1 (Precincts) and Section 6-2
(Voting Places) of Chapter 6 (Elections) of the Code of the Town of Leesburg,
Virginia, 1976, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Wright and Mayor Umstattd
Nay: Reid
Vote: 6-1
b. Temporarily lowering the speed limit on Sycolin Road between
Tolbert Lane and Hope Parkway
The public hearing opened at 9: 56 p.m.
The Town Attorney stated this ordinance will allow the Town Manager
to temporary allow the Town Manager to lower the speed limit on Sycolin
Road.
Mr. Elsewaissi explained lowering the speed limit will allow 60 days for
the switching of lanes due to the Sycolin Road improvements.
The public hearing closed at 9:59 p.m.
On a motion by Council Member Burk, seconded by Council Member
Wright the following motion was proposed:
2007-0-16
ORDINANCE
To amend and Reordain Article V (Reckless Drive; Speed) of Chapter 10
(Motor Vehicles and Traffic) of the Code of the Town of Leesburg, Virginia,
1976, as amended, by adding a new Section 10-139 (Temporary Speed Limit
Reductions)
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and
Town Council Meeting of August 14, 2007
Paqe 10
Mayor Umstattd
Nay: None
Vote: 7-0
H. Legislation
ORDINANCES
CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
following consent motion was proposed:
2007-112
RESOLUTION
Authorizing an agreement and approving a water extension permit for Wolf Furniture
2007-113
RESOLUTION
Accepting the public improvements, releasing the performance guarantee, and
approving a maintenance guarantee for River Creek Potomac Sanitary Sewer Pump
Station
2007-114
RESOLUTION
Authorizing an agreement, approving a performance guarantee for Fort Evans Plaza
II Battlefield Parkway Extension
2007-115
RESOLUTION
Authorizing an agreement and approving a performance guarantee and water and
sewer extension permits for the Village at Leesburg - Wegmans Food Market
2007-116
RESOLUTION
Authorizing an agreement and approving a performance guarantee for the Route 7 at
River Creek Parkway interchange interim grading and utility plan
2007-117
RESOLUTION
Declaring that a public necessity exists and authorizing an offer to acquire Parcel PIN
188398114 and authorizing condemnation if the offer is not promptly accepted -
intersection of Edwards Ferry Road and the Route 7/15 Bypass
2007-118
RESOLUTION
Awarding the Tuscarora Creek Storm Drainage Project and Town Branch at Mosby
Drive design engineering services contract to AMEC & Environmental, Inc.
2007-119
RESOLUTION
Approving the attached Virginia Power Right-of-Way Agreement for the Water
Pollution Control Facility upgrade and expansion project, and authorizing the Town
Manager to execute this agreement.
Town Council Meeting of August 14. 2007
Paqe 11
2007-120
RESOLUTION
Approving a memorandum of understanding with the Northern Virginia Regional Park
Authority in relation to the ownership of Potomac Crossing Park
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
2007-121
RESOLUTION
Making a reduction of the performance guarantee for public improvements installed
in Georgetown Mews
Motion was made by Council Member Martinez, seconded by Vice Mayor
Horne, to reduce the performance guarantee for public improvements installed in
Georgetown Mews.
Mayor Umstattd read a revised resolution which would recommend a bond
reduction to $50,000.
Jeff Kagen discussed the struggles he has had building Georgetown Mews. He
stated Tom Mason has stated they have performed 100% of the work but the bond is
being held hostage until the revisions of the as-builts. In addition the Town holds a
maintenance bond of $15,000. He spoke of delays with the Board of Architectural
Review, getting the Town Attorney and Mayor's signature. Once the documents
finally reached the Town Attorney there were problems he had not been advised of.
He stated he has been told over and over again there was no problem with
the documents. In closing he stated failure to release this bond in full with cause
severe damages to their company and would be an arbitrary and capricious action by
the Town.
Town Attorney Beach stated when she got the deeds on July 17 there were
problems which were within the applicant's control.
Council Member Hammier asked if the applicant has completed 100% of the
work under the original bond.
Tom Mason stated work is not 100% completed until they are in compliance
with the approved plans and the applicant has been apprised of unresolved issues as
early as 2004.
Mr. Wells confirmed that if the documents are in compliance they can be
signed by the Mayor.
Council Member Hammier asked Mr. Kagen to explain the issue with the
retaining wall.
He stated the retaining wall is not part of the issue, just the documentation.
Town Council Meeting of August 14, 2007
Page 12
He stated the retaining wall was one foot into the Virginia Department of
Transportation right-of-way and they had a choice to destroy or vacate the wall
which would require 18 months. He had to get a deed signed so the walls will be
part of the yard, however the deed of trust holders have not signed.
Mr. Kagen added Mark Nellis is working to get signatures from the trust
holders and to make revisions to the as-built drawings.
Tom Mason stated the State Code requires the signatures.
The Town Attorney stated the State Code has two provisions to vacate right-
of-way, one requires a public hearing and the second is more complicated as lenders
have to sign the deed of vacation.
Council Member Wright made a motion, seconded by Council Member
Hammier, to accept the public improvements, release the performance guarantee
and approve the maintenance guarantee.
Council Member Wright read a portion of the proposed resolution as follows:
Section I. The letter of credit from the Community Bank of Northern Virginia
in the current amount of $107,924.30 is released, and acceptance of a letter of
credit from Mercantile Potomac Bank for a maintenance guarantee in the amount of
$14,463.47 is approved, and shall be in effect for a period of one year from this
date.
Section II. This release is contingent upon delivery of a properly executed
instrument conveying unto the Town all such improvements and easements free of
any liens or charges.
The Mayor stated she is concerned that signatures have not been obtained on
the deed to indicate they understand they will have to maintain the wall.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, and Wright
Nay: Umstattd
Vote: 6-1
The Mayor expressed her concern with telling applicants that documents are
ready for her signature, when they are not.
2007-122
RESOLUTION
Awarding the SW Trail Connector Design Engineering Services Contract to Kimley
Horn and Associates, Inc.,
Council Member Reid, seconded by Council Member Hammier, made a motion
to table.
The motion to table failed by the following vote:
Aye: Hammier and Reid
Nay: Burk, Horne, Martinez, Wright and Mayor Umstattd
Vote: 2-5
Town Council Meeting of August 14. 2007
Page 13
Council Member Wright clarified this project is not in the CIP and within
budget.
The original 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 Hammier, seconded by Council Member
Wright, the following motion was proposed:
2007-123
RESOLUTION
Making an appointment to the Utility Rate Advisory Committee - Frank Holtz
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and
Mayor Umstattd
Nay: Reid
Vote: 7-1
I. BOARDS AND COMMISSIONS
a. Airport Commission
Vice Mayor Horne reported the Finance Committee will be reporting to
Council in September. She reminded the public of the November 2 Open
House at the airport.
b. Thomas Balch Library Commission
No comment
c. Board of Architectural Review
Council Member Reid reported the Board will be reviewing the
Leesburg Firehouse application.
d. Cable Television Advisory Commission
No comment
e. Commission on Public Art
No comment
f. Economic Development Commission
No comment
g. Environmental Advisory Commission
No comment
h. Information Technology Commission
No comment
i. Parks and Recreation Commission
Council Member Wright reported the Commission meeting for August
was postponed.
Town Council Meetinq of August 14, 2007
Page 14
j. Planning Commission
No comment
k. Tree Commission
No comment
I. Standing Residential Traffic Committee
Council Member Reid stated the Committee is reviewing a petition
requesting a flashing light at Cornwall and Ayr Street.
J. COUNCIL COMMENTS
Council Member Reid disclosed a meeting with Sunrise Senior Living and
Waterford Development for their projects in Leesburg.
He reported he has a copy of Tom Dunn's parking accessibility study and will
share with Council.
He thanked VDOT for the Leesburg sign on the Beltway.
He stated the customer service seminar provided by Barbara Wall was
excellent.
He requested more police walking or_bike patrols in downtown Leesburg.
Council Member Wright stated the B-1 downtown parking ordinance is an item
for a future agenda discussion. Another amendment needed is a tool to allow for
applicants to request various waivers in the development process.
He asked for draft legislation on personal property tax for the legislative
agenda.
Council Member Wright disclosed a meeting with the Gustafson's, Sunrise
Senior Living and two meetings with Waterford Development. Additionally, he had
discussions with Inova.
Council Member Hammier stated she recently attended a performance at
Shenandoah University and the need to have a performing arts center in downtown
Leesburg.
She stated her appreciation for Mr. Richey's comments on bike lanes.
She asked that Planning provide an update on the form based code.
She also stated her appreciation for Ms. Pol key's comments and asked for an
update on the status of the Rt. is/Bypass business intersection.
She thanked Molly Notovny for her hard work representing Leesburg and
wished her well in her new position.
She wished Council Member Wright a Happy Birthday.
Council Member Martinez disclosed a meeting with INOVA and a meeting with
residents on water issues.
Town Council Meeting of August 14, 2007
Paqe 15
He reported the Tally-Ho Theatre is having a Hispanic Heritage program
September 14-27 which will coordinate with Hispanic Heritage Month.
He stated "Loudoun Reads" put on the Loudoun Literacy Council will take
place September 7 at the Loudoun Green.
He wished Molly Notovny good luck and best wishes to Paul Richey.
Sale.
Vice Mayor Horne reported Loudoun Care Givers will they hold their Fall Mum
She thanked the Police Department for their pedestrian right-of-way
enforcement around Town.
She stated her appreciation of Molly Notovny's integrity and wished her all
the best.
She disclosed meetings with Sunrise Development and Sunrise Assisting
Living.
She reported attending the Severn Trust Mortgage ribbon cutting.
She extended her condolences to the Boykin Family.
Council Member Burk reported speaking before the Loudoun County School
Board regarding the O'Connor school site. Also attending was the EAC Chairman,
Virginia McGuire.
She gave her best wishes to Molly Notovny.
She asked for a report on the Town's policy for Code Orange or Red days.
K. NEW BUSINESS
a. Sponsoring a table at the Loudoun Museum's Lure of Loudoun
Gala to be held September 8, 2007.
On a motion by Council Member Martinez, seconded by Vice Mayor
Horne, the following motion was proposed:
2007-124
RESOLUTION
Sponsoring a table at the Loudoun Museum's Lure of Loudoun Gala to be held
September 8, 2007
Council Member Wright stated he supports the Loudoun Museum, but
this request is out of cycle and he cannot support an additional donation.
Vice Mayor Horne stated this is the 250th Anniversary for Loudoun
County and the 40th Anniversary for the Loudoun Museum. Further, this is a
step toward building sustainability and she will be supporting funding a table.
The Town Manager clarified the funding will come from the $95,000
contingency fund set aside in the budget.
. ---~--_.~.._-_. ,~-----~_.._.^._-
Town Council Meeting of August 14. 2007 Page 16
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid and Mayor Umstattd
Nay: Wright
Vote: 6-1
b. Authorizing a letter requesting Loudoun County to consider
Sycolin Road Pave-In-Place project
On a motion by Council Member Reid, seconded by Council Member
Martinez, the following motion was proposed:
Council Member Reid stated he would make the language, "requests
that Loudoun County continue to lobby for pave in place until final
improvements to Sycolin Road are completed" stronger and proposed,
"request that the Loudoun County Board of Supervisors ask VDOT to
undertake the mechanized patching of the unpaved portions of Sycolin Road
south of Leesburg, similar to what was done on Edwards Ferry Road just east
of the Town line, the first week of August," until VDOT can formally pave the
road properly in 2009."
Council Member Wright stated his concern the County may oppose this
project and would not want the language too strong. He would want the
Board to explain why they are opposed.
Vice Mayor Horne suggested placing on a work session agenda to allow
for more information to be presented.
Tom Mason clarified the County has policies against paving in place.
He stated the Edwards Ferry Road paving was a pilot project that did not work
well.
Council Member Reid withdrew his original motion and proposed going
forward with the original letter with a change of the word "lobby" to "continue
to support".
Council Member Wright seconded the motion to go forward with the
original letter.
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: Burk
Vote: 6-1
b. Authorizing a letter suggesting questions to the Board of
Supervisors for review of County Government Center proposals
On a motion by Vice Mayor Horne, seconded by Council Member
Wright, the following motion was proposed:
MOTION
Authorizing a letter suggesting questions to the Board of Supervisors for
review of County Government Center proposals
The motion was approved by the following vote:
Town Council Meeting of Auqust 14. 2007
Page 17
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and
Mayor Umstattd
Nay: None
Vote: 7-0
c. Smarts Mill Middle School P.T.O. "Get Smart" SK Race Event
The Mayor stated Monday night's discussion by Council was that closing
Rt. 15 for the Smarts Mill Middle School 5K was not a good idea as it would
affect over 500 homes.
The applicant, May Kay (7), stated it would not affect Rt. 15 at all as most
of the running is on the trail. The length of the race will be approximately
five hours.
Council Burk clarified the race is open to anyone and children are
encouraged to participate.
The applicant stated the proposed alternate route would not work.
The Mayor verified that if there were no choice but to change the route,
there would be no race.
There was a lengthy discussion on the fee waiver, alternate routes, police
support, and liability of using volunteers.
Mayor Umstattd asked for consideration of a motion to waive up to
$1,000 of the fee assuming the race can go forward without the closing of any
residential streets. The motion was seconded by Council Member Reid.
Council Member Hammier stated the race will impact Oakcrest Manor
Drive so that wording should be left out of the motion.
Council Member Wright suggested letting staff give an administrative
approval but not a waiver.
Council Member Hammier made a friendly amendment, seconded by
Council Member Burk, to delete the portion of the motion regarding closing of
residential streets.
The amendment motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid and Wright
Nay: Umstattd
Vote: 6-1
The amended motion to approved the waive up to $1,000 was approved
by the following vote:
Aye: Burk, Hammier, Reid and Umstattd
Nay: Horne, Martinez and Wright
M. MAYOR'S COMMENTS
Town Council Meeting of August 14. 2007
Page 18
The Mayor thanked Wendell Fisher for his involvement in the race that took
place this past weekend. There were 1,500 hundred in attendance.
She thanked the Association of Occupational Nurses for allowing her to speak
to their organization.
She reported meeting with INOVA.
She asked staff to set up a ceremony prior to the September 11 Council
Meeti ng.
Kathy Liedich stated she is working with Kate Trask are in the process of
planning the ceremony.
The Mayor stated her appreciation for Molly Notovny's fine, accurate,
thoughtful reporting of Council proceedings.
She reported Grand Master Choi will be sponsoring the Kick Cancer Out of the
World Golf Tournament on August 26 at Raspberry Falls Golf Club.
N. MANAGER'S COMMENTS
Mr. Wells reported the State is not keeping up with their responsibility for car
tax refunds.
He stated they are using a 55/45 refund ratio and we will be looking for relief
of that cap for Leesburg residents.
He stated the information for Economic Development positions has been
restructured to match with the priorities set up by Council. He added there is a
memo in the Council packet to further explain those positions.
On behalf of Town Staff he wished the best to Molly Notovny.
Council Member Hammier stated she brought up the biking matter because
she wanted to reaffirm support for a town-wide master bike plan.
Council Member Reid he would like to see a report on the DCSM rewrite,
Deputy Town Manager, Deputy Town Attorney, and Economic Development
positions, and the Historic District Gateway signs on a future agenda.
Council Member Wright asked that the Deputy Town Manager position
advertising not be delayed.
The Town Manager stated the Deputy Town Manager and Economic
Development positions involve reclassifications. He will report back on how we
intend to fund them.
The Town Attorney stated the Deputy Town Attorney position ad has been
placed.
O. CLOSED SESSION
a. To address a current matter under litigation - Ryland
Town Council Meeting of August 14. 2007
Page 19
On a motion by Mayor Umstattd, seconded by Council Member Martinez, the
following closed meeting motion was made and approved by a 7-0 vote:
Pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, I move
that the Leesburg Town Council convene in a closed meeting to discuss the
Ryland litigation.
Council convened into a closed meeting at 11:24 p.m.
On a motion by Council Member Martinez, seconded by Mayor
Umstattd, the following motion was read when Council reconvened in open
session:
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, Hammier, Horne, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
P. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Council Member
Wright, the meeting adjourned at 11: 55 p.m.
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Town of Leesburg
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