HomeMy Public PortalAbout2007_09_11
COUNCIL MEETING
September 11, 2007
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers 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 8:01 p.m.
Staff Present: Town Manager John Wells, Assistant to the Town Manager Nicole
Ard, Town Attorney Barbara Beach, Director of Engineering and Public Works Tom
Mason, Chief of Police Joe Price, Sgt. John Smith, Master Police Officer Mark
McCartney, Master Police Officer Bruce W. Wolff, Director of Economic Development
Betsy Fields, Director of Planning, Zoning and Development Susan Swift, Senior
Transportation Engineer Calvin Grow, Zoning Administrator Brian Boucher, Deputy
Zoning Administrator Kevin Lawlor, and Clerk of Council Judy Ahalt.
AGENDA
ITEMS
A. Invocation by Vice Mayor Horne
B. Salute to the Flag was led by Council Member Reid, second Salute led by
Colonel Jay Greeley
C. Roll Call Mayor Umstattd and Col. Greeley arrived at 7:45 p.m. Council
Member Martinez arrived at 8:01 p.m.
D. Minutes
a. Work Session Minutes of May 21, 2007
On a motion by Council Member Burk, seconded by Council Member
Wright, the minutes of the May 21, 2007 work session were approved by a 6-
0-1 (Martinez absent) vote.
E. Presentations
a. Certificate of Appreciation - Sgt. John Smith
A Certificate of Appreciation was presented to Sgt. John Smith for his
extraordinary efforts and dedication to the law enforcement community and
to the Town of Leesburg and its citizens from August 1984 to August 2007.
b. Certificate of Appreciation - Jim Chandler
A Certificate of Appreciation was presented to Jim Chandler, Senior
Transportation Planner for his extraordinary efforts and service to the Town of
Leesburg and its citizens from March 2006 to August 2007.
c. Proclamation - Hispanic Heritage Month
On a motion by Vice Mayor Horne, seconded by Council Member Reid,
the following proclamation was presented to Laura Valle.
PRO CLA MA TION
HISPANIC HERITAGE MONTH
SEPTEMBER 1.5 - OCTOBER 1.5, 2007
Town Council Meeting of September 11. 2007
Page 2
WHEREAS, September 15 through October 15 is designated by the
Federal government as a time to recognize the achievements and
contributions of Hispanics in this country; and
WHEREAS, the significant achievements of the Hispanic community
have and continue to shape our nation's history; and
WHEREAS, local cultural institutions are sponsoring various events
celebrating Hispanic heritage and culture through October; and
WHEREAS, Leesburg's Hispanic community continues to make
significant cultural and economic contributions to our Town; and
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby proclaim September 15 - October 15, 2007 as Hispanic
Heritage Month and encourage all residents to join in recognizing and
preserving the contributions made by Hispanic Americans.
PROCLAIMED this 11th day of September 2007.
d. Proclamation - Constitution Week
On a motion by Vice Mayor Horne, seconded by Council Member Reid,
the following Proclamation was presented to Pat Miller.
PROCLAMA TION
CONSTITUTION WEEK
September 17 - 23, 2007
WHEREAS, September 17, 2007, marks the two hundred twentieth
anniversary of the drafting of the Constitution of the United States of America
by the Continental Convention; and
WHEREAS, it is the privilege and duty of the American people to
commemorate this anniversary of the drafting of the Constitution with
appropriate ceremonies and activities; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation
each year by the President of the United States of America designating
September 17 through 23 as Constitution Week.
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia
hereby proclaims the week of September 17 through 23 as Constitution Week
and ask our citizens to reflect on the privilege of being an American with all the
rights and responsibilities with that privilege involves.
PROCLAIMED this 11th day of September 2007.
e. Certificates of Appreciation - Tom Tellez, Anita's Mexican
Kitchen and Red Hot and Blue of Leesburg.
On a motion by Vice Mayor Horne, seconded by Council Member Reid,
Certificates of Appreciation were presented to Tom Tellez of Anita's Mexican
Kitchen and Red Hot and Blue of Leesburg for their extraordinary efforts and
Town Council Meeting of September 11. 2007
Page 3
generosity in supplying food for the 550 participants of the 11th Annual
Leesburg Police Poker Run to benefit Special Olympics of Virginia.
f. Plaque Presentation - 11th Annual Leesburg Police Motorcycle
Poker Run to benefit Virginia Special Olympics.
A Plaque was presented to Poker Run participants Tom Tellez, Red Hot
& Blue of Leesburg, J. B. Anderson, Delcie McCartney, Donna Wolff, Leesburg
Police Department, and Leesburg Support Team for their efforts in regards to
the 11th Annual Leesburg Police Poker Run.
g. Leesburg Police Outstanding Service Award
On a motion by Vice Mayor Horne, seconded by Council Member Reid,
the Leesburg Police Outstanding Service Awards were presented to Master
Police Officer Mark B. McCartney and Master Police Officer Bruce W. Wolff for
achieving outstanding community service.
Officer Wolff thanked the community for their assistance and
generosity to Special Olympics.
Colonel Jay Greeley presented the Mayor with a Freedom Coin in
recognition of her support of the U.S. Armed Services.
Bid Openings
a. Bid No. 600710-FY08-01 for the Lease of Tenant Area #la of
825 square feet.
Prospective Leasee - Shared Flight Aviation, LLC, an Aviation
Management Company, 1001 Sycolin Road, Suite 6, Leesburg, VA
20175. There were no other bids from the floor. Bidding was closed
for this lease.
b. Bid No. 600710-FY-08-02 for the Lease of Tenant Area #2
which is a classroom consisting of 376 square feet.
Prospective Leasee - Shared Flight Aviation, LLC, an Aviation
Management Company, 1001 Sycolin Road, Suite 6, Leesburg, VA
20175. There were no other bids from the floor. Bidding was closed
for this lease.
Bids were given to the Town Attorney, Barbara Beach, for review.
F. Petitioners - The petitioner's section opened at 8:06 p.m.
Bita Biberaj, one of the co-sponsors of a class to provide information and
training to court personnel with regards to the foster care program, asked for a
donation from the Town to offset the $750 charge to use the meeting room at Ida
Lee for the training. She stated school personnel and prospective foster care parents
may participate in the training. Ms. Biberaj stated the cost to participant is $20,
which covers food. She stated that they did not want to add any additional financial
burden to participants.
Council Member Burk clarified that the maximum fee charged participants
would be $20 regardless of the Council's decision.
Mayor Umstattd stated that this request will be added to the agenda for
September 24 work session for discussion and the September 25 agenda.
Town Council Meeting of September 11. 2007
Page 4
Mark Gunderman, 1600 N. Argonne Avenue, Sterling, VA, representing the
Good Shepherd Alliance homeless shelter, addressed Council regarding the Third
Annual Walk for Shelter. He stated the Walk would commence at 9:30 a.m. on
Saturday, September 22, 2007. He expressed appreciation to the Leesburg Town
Council, the Leesburg Police Department and the Leesburg Parks and Recreation
Department. He asked that anyone wanting more information go to
www.loudounhomeless.org.
Earl Hower, 111 Plaza Street, N.E., reminded everyone about the
Homeowner's Association Tree Fair Summit on September 18 at 7 p.m. at Ida Lee
Recreation Center Lower Level. He invited the Council and the community to attend.
Council Member Reid thanked Mr. Hower and stated that this is a very
important meeting. He added that it is not just for the HOAs, but would be a great
dialog for all town residents.
The Petitioner's section closed at 8: 19 p.m.
G. Public Hearing
a. Amending the Town Code to add Section 1-18 (Town Seal and
Logo)
The public hearing opened at 8:20 p.m.
Betsy Fields explained the proposed section of Code. Council Member
Martinez questioned what recourse the Town would have if someone used the
seal or logo without permission. Town Attorney Barbara Beach stated that it
would be a violation of the Town Code and could be taken to court as any
violation of the Code.
Council Member Hammier verified that the Seal and the Logo had been
trademarked. Ms. Beach stated the Logo has been trademarked in the State
of Virginia. Ms. Fields stated the Logo is in the trademark process at the
Federal level.
Council Member Wright questioned the licensing fee, whether it would
be assessed for any use. Ms. Fields answered by stating that the fee is
charged when the Logo is used for sale for profit.
Council Member Hammier asked if all requests to license would be
brought before the Council. Ms. Beach stated that it was her understanding
that Council wanted the Town Manager to handle these requests
ad m i nistratively.
Sandy Kane, Kenneth Place, expressed concern that the public could
change the colors of the Logo and Seal. Ms. Beach stated the allowable colors
are indicated on page 4 of the code amendment.
Thomas Dunn. 112 Stone Court, had questions regarding whether the
Town should license a Seal or Logo that isn't fully trademarked. He
questioned what types of marketing materials would be acceptable. Ms.
Beach stated the Logo had been trademarked through the state and she had
no reason to believe they would not be protected at the Federal level. She
Town Council Meeting of September 11. 2007
Page 5
stated the State trademark covered all classes of publication. Ms. Fields
stated the current federal application covers printed materials. She stated
once the current trademark application is approved, they can go back and
expand the covered materials. Mr. Dunn expressed that this is one more
useless regulation.
Council Member Reid questioned the length of time required to get this
process completed.
Ms. Fields outlined the trademark process.
Vice Mayor Horne stated that it is good to trademark the Logo to keep
unauthorized persons or groups from using the official identification of the
Town for possible personal gain.
Mr. Dunn stated that nothing precluded anyone from using the Logo
prior to the trademark. Ms. Beach stated allowing the public to use the Logo
without trademark would make it harder to trademark in the future. Mr.
Dunn expressed that he had paid taxes that enabled the Logo to be created
and he should not have to pay extra to use the Logo.
Council Member Wright questioned allowing the use of the Logo on
products prior to licensing protection at the Federal level. Ms. Beach clarified
if someone from out of state wanted to use the Logo on products, it might be
difficult to protect it; however, it is protected at the State level.
The public hearing was closed at 8:50 p.m.
On a motion by Vice Mayor Horne, seconded by Council Member
Martinez, the following Ordinance was proposed:
2007-0-17
ORDINANCE
Amending and reordaining Chapter 1 (GENERAL PROVISIONS) of the Code of
the Town of Leesburg, Virginia, 1976, as amended by adding a new Section
1-18 (TOWN SEAL AND LOGO)
Council Member Wright stated he could not support this legislation as
he felt it would create an additional level of administration.
Council Member Reid concurred with Council Member Wright adding
he was surprised that the process took so long thus far.
Council Member Hammier stated she was pleased this is part of a
concerted marketing proposal and supported the legislation.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez and Mayor Umstattd
Nay: Reid and Wright
Vote: 5-2
b. Cornwall Street Permit Parking from Memorial Drive to Liberty
Street
Town Council Meeting of September 11, 2007
Page 6
The public hearing opened at 8:52 p.m.
Calvin Grow, outlined the application. He stated the Town had
received a petition from the Cornwall Street residents asking that Cornwall
Street become a permit parking zone.
Council Member Burk questioned why the residents wanted permit
parking.
Mr. Grow stated that the residents are concerned with sight distance
and with the imminent opening of the new Cornwall Medical Center campus.
Council Member Reid stated it was his understanding that as a Council
they could issue a residential parking zone without changing the ordinance.
Liz Whiting, Chairman, Leesburg Standing Residential Traffic
Committee, stated this is a difficult issue because there is no elegant solution.
She stated that Cornwall Street is exceptionally narrow and impacted by
traffic to and from the hospital site.
Ed Kiley, 208 Cornwall Street, N.W., distributed a photograph of
Cornwall Street. Mr. Kiley stated 100% of the occupied residences on this
particular section of Cornwall Street had signed the petition. He stated there
cannot be two-way traffic on Cornwall if there is not residential permit
parking.
Mayor Umstattd asked how quickly residential parking could be
implemented.
Mr. Wells stated the ordinance would need to be changed because
certain criteria have not been met. After discussion, it was decided that the
advertising process for ordinance change would be initiated.
The public hearing was closed at 9:22 p.m.
c. Zoning Ordinance Text Amendments TLOA-2007-0003 to
implement certain objective of the 2005 Town Plan and to update
various sections.
The public hearing was opened at 9:23 p.m.
Brian Boucher outlined the proposed amendments and the rationale
behind their proposal. He stated many of these changes will streamline the
process and remove unnecessary levels of review or improve the clarity and
usability of the existing regulations.
Council Member Burk clarified landscaping companies cannot operate
as home occupations.
Mr. Boucher stated this amendment seeks to allow only one-person
landscaping entities as home based businesses.
Town Council Meeting of September 11. 2007
Page 7
Vice Mayor Horne asked for clarification that townhouse owners can
have home based child care businesses.
Mr. Boucher confirmed that townhouse owners can have five children,
not their own, in their home based child care business.
Vice Mayor Horne also asked for clarification that the requirement for
eight stacking spaces for financial drive through windows had been stricken.
Mr. Boucher confirmed it had been deleted.
Council Member Hammier questioned whether financial drive through
windows would be consistent with the form-based code. She asked whether
this is the time and place to be looking at language with regards to
placement.
Ms. Swift answered this could apply to any kind of drive through, but
they will look specifically at placement of drive through windows when they
work on the form-based code.
Council Member Hammier asked for clarification of the excessive
occupancy issue.
Mr. Boucher stated that excessive occupancy would be a civil violation
based on use, which would conform with other local jurisdictions.
Council Member Wright questioned whether there are ways to keep
large commercial vehicles from being parked on the street other than through
this zoning ordinance amendment.
Kevin Lawlor stated that this definition would give clarity to the
ordinance and make it easier to enforce.
Council Member Reid asked for information about expiration of special
exceptions and BAR approvals and about the form-based code.
Ms. Swift stated form-based code will cover the B-2 district and the
East Market Street section of the H-2 within the bypass.
Council Member Reid expressed his concern about the BAR's handling
of the H-2. He stated his preference for form-based code covering the entire
H-2 and extending expirations for BAR approvals to three years.
No petitioners were present for this public hearing.
The public hearing was closed at 9:50 p.m.
A motion was made by Vice Mayor Horne, seconded by Council
Member Burk, to bring this ordinance to the next Council meeting for vote.
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Town Council Meeting of September 11. 2007
Page 8
H. Legislation
ORDINANCES
None
CONSENT AGENDA
On a motion by Vice Mayor Horne, seconded by Council Member Wright, the
following consent agenda was proposed:
2007-125
RESOLUTION
Authorizing time extension for completion of public improvements and approving
performance guarantees for Potomac Station Phase 3, Section 10; and Section 10
public improvements.
2007-126
RESOLUTION
Authorizing an agreement, approving a performance guarantee and a water
extension permit for the Summit Community Bank.
2007-127
RESOLUTION
Approving a supplemental appropriation of $15,308.50 resulting from funds not
expended for the Community Development Block Grant in the previous fiscal year.
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
REGULAR AGENDA
On a motion by Council Member Martinez, seconded by Council Member
Hammier, the following resolution was proposed:
2007-128
RESOLUTION
Making an appointment to the Environmental Advisory Commission - Dr. Mary
Haberl
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 the Airport Commission is hosting an open
house November 2 and 3. She stated that it is an opportunity for students to
learn about careers in aviation. She added the Airport Commission will be
presenting their report on the financial condition of the airport at a meeting
on the 24th.
b. Thomas Balch Library
No report
Town Council Meeting of September 11. 2007
Paqe 9
c. Board of Architectural Review
No report
d. Cable Television Advisory Commission
No report
e. Commission on Public Art
No report
f. Economic Development Commission
No report
g. Environmental Advisory Commission
No report
i. Parks and Recreation Commission
Council Member Wright reported Rob Fulcer was elected Chairman and
Betsy Mayr was elected as Vice Chair.
j. Planning Commission
No report
k. Tree Commission
No report
I. Standing Residential Traffic Committee
No report
J. NEW BUSINESS
Vice Mayor Horne stated she would like acceptance of the Report of
the Performing Arts Task Force added to the agenda for the next meeting. C
Council Member Martinez requested when the report is presented to
the County that it be noted that the focus should be in Leesburg.
Council Member Burk commented the Council had agreed to fund a
feasibility study.
Sandy Kane stated the biggest concern of the Task Force is that
outside stakeholders may not want to keep the focus on Leesburg.
Council Member Reid asked for an update at a future council meeting
on the DCSM and a discussion of why the form-based zoning was not being
extended throughout the H-2. He asked Council consider having a retreat
with the BAR, similar to that held with the EAC.
Council Member Wright stated he would like to look at eliminating the
assigned spaces in the parking garage. He stated he would like to see a staff
report on the timing of the photo red light implementation.
Town Council Meeting of September 1 1. 2007
Page 10
K. COUNCIL COMMENTS
Council Member Reid stated he met with Landmark Realty to discuss
the Auto Park. He announced Evergreen Meadows was the first community in
Leesburg to qualify for a Neighborhood Watch and he commended them for
their efforts. He stated he enjoyed the 9-11 ceremony and stated that it
proved that Leesburg had not forgotten about 9-11. He added we are still in
a war on terrorism and reminded everyone that the attackers were all in this
country illegally. Further, he discussed ideas about how the Council can have
an impact on illegal immigration.
Council Member Wright complimented the Mayor and Staff for the 9-11
ceremony. He added registration on the Do Not Call list may be expiring and
provided information regarding re-registering.
Council Member Hammier stated you can include your cell number on
the Do Not Call list. She thanked everyone involved with the 9-11 ceremony.
She disclosed meetings with Cooley Goodard, Waterford Development,
Gordon MacDowell, and Deiter Meyer. She congratulated the Loudoun
Museum on their gala. She thanked all the businesses that contributed to the
Poker Run and Eat this Ambulance program. She noted the temporary library
facility is open at the Video Den. Further, she thanked Mr. Kiley for coming
forward about the Cornwall Street parking issue.
Council Member Martinez apologized for being late and missing the 9-
11 ceremony. He noted he met with Colleen Snow and Waterford
Development to discuss their developments. He congratulated the Loudoun
Museum on their gala and noted he had not danced with Council Member
Wright.
Vice Mayor Horne reminded everyone that the international law
enforcement community had uncovered plans to strike at U.S. interests. She
added her congratulations to the Loudoun Museum noting this is a great asset
to the community. She reminded everyone that the Loudoun Chamber is
having a luncheon at Leesburg Executive Airport and thanked the restaurants
supporting the purchase of the new ambulance.
Council Member Burk commended the Loudoun Museum on their gala.
She stated she would like to look at traffic circulation once Battlefield Parkway
opens and see what changes the Council can make. She asked consideration
to giving Terry Young recognition for his service on the Parks and Recreation
Committee. She recognized the organization group for Acoustics on the
Green and she acknowledged Stilson Greene for his work in organizing these
events. She thanked Ned Kiley for coming forward regarding the parking
problems on Cornwall Street. Further, she stated the 9-11 ceremony was
very impressive.
M. MAYOR'S COMMENTS
Mayor Umstattd agreed Chief Price did a nice job on the 9-11
ceremony. She thanked the Virginia Defense Force for their support and she
noted they fill in when the National Guard forces are deployed. She thanked
Sgt. Hallet and Col. Jay Greeley. She requested that everyone continue to
support our National Guard troops. Mayor Umstattd disclosed that she had
met with Colleen Snow, Waterford Development regarding the Sunrise
Town Council Meeting of September 11. 2007
Page 11
proposal on East Market Street next to Carradoc Hall. She thanked the
Council for attending the 9-11 ceremony. She noted there had been a
tremendous turn out by the Fire Department and Police Department and
thanked the Veterans of Foreign Wars.
N. MANAGER'S COMMENTS
Mr. Wells reminded Council of the Poverty Simulation. He highlighted
the number of ribbon cuttings and stated that the majority of them are in new
buildings. He noted that he sat in on the presentations to the Board of
Supervisors and thought the two Leesburg proposals were the best and
outlined the possible process for the Council.
O. CLOSED SESSION
a. To receive the attorney's advice on Crosstrail
On a motion by Mayor Umstattd, seconded by Council Member
Martinez, the following closed meeting motion was made:
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 receive advice
from the Town Attorney with regards to Crosstrail.
Motion failed by the following vote:
Aye: Burk, Martinez, Mayor Umstattd
Nay: Hammier, Horne, Reid, and Wright
Mayor Umstattd summarized by questioning if the Town wants to
intervene as a party in the Crosstraillawsuit. She noted her support for
intervening as a full party to keep the lawsuit from being settled. Ms. Beach
discussed the legal aspects of intervening. There was discussion over the
advisability of the Closed Session.
On a motion by Council Member Hammier, seconded by Vice Mayor
Horne, the following closed meeting motion was made:
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 receive advice
from the Town Attorney with regards to Crosstrail for a maximum of 30
minutes.
Motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Wright and Mayor Umstattd
Nay: Reid
Vote: 5-1-1 (Martinez absent)
On a motion by Vice Mayor Horne, seconded by Council Member Burk,
the following closed meeting motion was made:
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 the
Ryland Homes litigation.
Town Council Meeting of September 11. 2007
Page 12
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
Council convened into a closed meeting at 10:50 p.m.
Council reconvened in open session at 11:05 p.m.
On a motion by Council Member Martinez, seconded by Vice Mayor
Horne, the following motion was proposed:
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
On a motion by Council Member Martinez, seconded by Vice Mayor
Horne, a motion to suspend the rules was proposed.
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
Mayor Umstattd moved that the Town Council authorize the Town
Attorney to file in court the proper papers to allow the Town of Leesburg to
intervene as a party in the Crosstraillitigation as soon as possible.
Mayor Umstattd clarified that the motion is being made because of the
Town's interest in the Joint Land Management Area, the Town's provision of
utilities into the area, and the AADP Committee issues of annexation.
Motion was seconded by Council Member Burk.
Council Member Wright stated that this is the Council's support of the
County.
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
Town Council Meeting of September 11. 2007
Page 13
P. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
meeting adjourned at 11: 15 p.m.
~~J~~
Town of Leesburg
2007_ TCMIN0911