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HomeMy Public PortalAbout2007_11_14 COUNCIL MEETING November 14, 2007 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: Kelly Burk, Marty Martinez, Ken Reid, Kevin Wright, and Mayor Kristen Umstattd. Council Members Absent: Katie Sheldon Hammier, Susan Horne. Staff Present: Town Manager John Wells, Director of Parks and Recreation Kaj Dentler, Assistant to the Town Manager Kathy Leidich, Director of Capital Projects Management Nagi Elsewaissi, Senior Management Analyst Annie Carlson, Director of Planning Zoning and Development Susan Swift, Assistant Director for Parks William Ference, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Council Member Reid B. Salute to the Flag was led by Council Member Wright C. Roll Call showing Vice Mayor Horne and Council Member Hammier absent D. Minutes a. Regular Session Minutes of June 12, 2007 On a motion by Council Member Wright, seconded by Council Member Martinez, the minutes were passed 5-0-2 (Hammier, Horne absent) b. Work Session Minutes of June 25, 2007 On a motion by Council Member Burk, seconded by Council Member Martinez, the minutes were passed 5-0-2 (Hammier, Horne absent) c. Work Session Minutes of July 9, 2007 On a motion by Council Member Burk, seconded by Council Member Wright, the minutes were passed 5-0-2 (Hammier, Horne absent) d. Work Session Minutes of July 23, 2007 On a motion by Council Member Martinez, seconded by Council Member Burk, the minutes were passed 5-0-2 (Hammier, Horne absent) E. Presentations 1. Vanessa - Request to Install Recycling Containers at Gas Stations in the Town of Leesburg Vanessa gave a presentation regarding the need for recycling containers at gas stations. She noted a large volume of traffic passes through gas stations per day. She gave information on the amount of time it takes certain materials to degrade in landfills. She also stated it takes less energy to reuse recycled materials over making items new from raw materials. She stated the presence of recycling bins would promote awareness of environmental issues. Town Council Meeting of November 14, 2007 Page 2 Mayor Umstattd thanked Vanessa and stated they would forward her presentation to the Environmental Advisory Commission. Council Member Reid thanked Vanessa for her presentation and stated he had suggested dual trash/recycling bins in the old and historic district. Council Member Burk stated she would be honored to bring Vanessa's presentation to the EAC at their meeting later in the month. 2. Loudoun County Rescue Squad - David P. Weiss Mr. Weiss, President, Loudoun County Rescue Squad introduced some of his colleagues, Vice President David Galen, Special Operations Captain Jeff Frazee, and member of the Board of Directors, Kathy Lair. Captain Frazee stated 15 years ago, they ran about 1500 calls per year. Currently, he stated they run almost 4500 calls per year. Captain Frazee gave a presentation on the history of the Rescue Squad. He stated they moved to their present location on Catoctin Circle in 1974. He stated modern apparatus is larger and technological advances have made the current ambulances like a mobile hospital. He also noted they are not just an ambulance service, but a rescue company as well. Mr. Weiss stated they have built up to the setbacks on the property. He stated the six bays in the building are double stacked. He noted they have a larger squad truck ordered and they will not be able to double stack equipment with the larger squad truck. He noted they did not want to move, thus reducing services to some parts of Leesburg. He stated one possible solution for their space needs would be to develop the land west of the current rescue squad into a park entrance and rescue squad annex. Mr. Weiss stated the annex would house smaller equipment and increase living space for members. He stated benefits of this would include reduction in number of entrances on Catoctin Circle, reduce the number of skate park guests who cross Catoctin Circle on foot, and create parking for Brandon Park. Council Member Burk stated she is concerned that it is not yet time for Council to look at this issue. She suggested the Rescue Squad work out the details with staff and have staff to come to Council with a recommendation. Mayor Umstattd stated she had recommended the Rescue Squad come before Council so that Council would be aware of their needs and be able to factor them into their planning. Council Member Martinez agreed Council could look into moving the skate park. Council Member Wright stated the Rescue Squad should provide this information to the Parks and Recreation Commission. He noted the skate park is due for maintenance. Council Member Reid thanked the Rescue Squad for their information. He questioned whether they had considered the land proffered in the Oaklawn development. Town Council Meeting of November 14, 2007 Page 3 Captain Frazee stated they understand they probably will have a safety center at this location, but they would like to maintained the station on Catoctin Circle because it is central to the rest of the Town. He also noted they do not have enough staff to man two locations. F. Petitioners The petitioners section was opened at 7:59 p.m. Stephen DeAngioletti, Georgetown Court, stated Parks and Recreation are doing a great job. He stated the original schedule for the outdoor pool showed a May 2008 opening, but due to changes it may be moved to May 2009. He volunteered to help expedite the process as he is a licensed engineer. Frank Holtz. stated he had been asked to serve on the Traffic Committee by Council Member Reid. He stated his background with law enforcement and the U.S. Capitol Police dealing with traffic issues and residential issues and his experience with the County traffic commission make him a good candidate for the Town's traffic committee. He commended the out-of-towner who spoke last night on the Utility Rate issue. He stated the Town staff, including John Wells, Kathleen Leidich, Randy Shoemaker, and Norm Butts, have been outstanding. Steve Axeman, stated in June his son was beaten and robbed on the W&OD Trail. He stated a passerby had phoned them, but his son had not given them his location. He stated he found Sgt. Moore doing a radar check on Loudoun Street. He stated by the time he got to his son on S. King Street, squad cars and the rescue squad were there. He stated that fortunately the perpetrators were caught and punished. He urged citizens to pay attention to their surroundings when walking the Trail. He stated it is important to report things. The petitioners section closed at 8: 10 p.m. G. Public Hearing a. Public hearing - Authorizing the issuance and sale of up to $6,000,000 in general obligation bonds and notes The public hearing opened at 8: 10 p.m. Norm Butts gave a presentation regarding the necessity of issuing the bonds and notes. He introduced Joe Mason of Davenport, the Town's financial advisors. Mr. Mason pointed out this is in conformance with the plan submitted to Council at the October 9 meeting. He described the bids and bidders to Council. He noted the highest bidding bank is Carter Bank and outlined the advantages to this bank's bid. Town Council Meeting of November 14, 2007 Page 4 Council Member Burk questioned whether the bond could be paid off early. Mr. Mason stated the note can be called in full or in part at any time, which he pointed out is one of the nice features of this bid. Council Member Wright questioned the exact amount of the bond, even though Council would be approving issuance of $6,000,000. Mr. Mason stated they are just under $5,000,000. Council Member Wright stated part of the interest for the bond was anticipated to be covered by the Symington grant. He questioned what the metric was for this. Mr. Mason stated it was approximately $250,000. He stated the benefit to the Town of keeping the Symington principal intact is approximately $50,000 to $80,000 per year. The public hearing closed at 8:22 p.m. On a motion by Council Member Martinez, seconded by Council Member Wright, the following motion was proposed: RESOLUTION 2007-156 Authorizing the issuance and sale of up to $6,000,000 in general obligation bonds and up to $6,000,000 bond anticipation note. The motion was approved by the following vote: Aye: Burk, Martinez, Reid, Wright and Mayor Umtattd Nay: None Vote: 5-0-2 (Hammier, Horne absent) I. LEGISLATION ORDINANCES None CONSENT AGENDA On a motion by Council Member Martinez, seconded by Council Member Reid, the following consent items were proposed: 1. RESOLUTION 2008-157 Accepting a $1,500 donation for Rotary Park by the Leesburg Rotary Club and appropriating $1,500 to the Parks and Recreation FY08 Budget. 2. RESOLUTION 2008-158 Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Ritz Camera - Leesburg Airport Town Council Meeting of November 14, 2007 Page 5 3. RESOLUTION 2008-159 Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Oaklawn at Stratford MUC-5 4. RESOLUTION 2007-160 Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Russell Branch Parkway East 5. RESOLUTION 2007-161 Authorizing a Memorandum of Understanding to be entered into with Loudoun County for Erosion Sediment Controls and Stormwater Management/Best Management Practice The motion was approved by the following vote: Aye: Burk, Martinez, Reid, Wright and Mayor Umtattd Nay: None Vote: 5-0-2 (Hammier, Horne absent) REGULAR AGENDA On a motion by Council Member Burk, seconded by Council Member Martinez, the following motion was proposed: 6. RESOLUTION 2007-162 Approval of the award of a contract to New World Systems, Inc. for software and services for the implementation of the computer aided dispatch and records management system in the amount of $831,835 The motion was approved by the following vote: Aye: Burk, Martinez, Reid, Wright and Mayor Umtattd Nay: None Vote: 5-0-2 (Hammier, Horne absent) On a motion by Council Member Burk, seconded by Council Member Martinez, the following motion to appoint Donald Eaves was proposed: 7. RESOLUTION 2007-163 Making an appointment to the Standing Residential Traffic Committee Council Member Reid made a motion to table, seconded Council Member Wright. Motion to table failed on the following vote: Aye: Reid, Wright Nay: Burk, Martinez, and Mayor Umstattd Vote: 2-3-2 (Hammier, Horne absent) Mayor Umstattd thanked Mr. Holtz for his interest in the position; but, stated that she would like to get as many citizens involved as possible noting that Mr. Holtz is a member of the Utility Rate Advisory Committee. She applauded Mr. Holtz' run for Council. Town Council Meeting of November 14. 2007 Page 6 The original motion to appoint was approved by the following vote: Aye: Burk, Martinez, Wright and Mayor Umstattd Nay: Reid Vote: 4-1-2 (Hammier, Horne absent) On a motion by Council Member Martinez, seconded by Council Member Burk, the following motion was proposed: 8. RESOLUTION 2007-164 Authorizing staff to implement holiday parking promotions in the Historic District Council Member Martinez made a friendly amendment to start the program on Monday. Council Member Burk agreed to this amendment. Council Member Wright stated he looks forward to the overall parking discussion to be had early next year. Council Member Reid made a friendly amendment that staff would develop a stiffer warning for cars that are abusing the free parking, i.e. parked for more than a day at a meter. The friendly amendment was accepted. The motion was approved by the following vote: Aye: Burk, Martinez, Wright and Mayor Umtattd Nay: None Vote: 4-0-1-2 (Reid abstaining, Hammier, Horne absent) On a motion by Council Member Wright, seconded by Council Member Martinez, the following motion was proposed: 9. RESOLUTION 2007-165 Endorsement of the development improvement initiatives The motion was approved by the following vote: Aye: Burk, Martinez, Reid, Wright and Mayor Umtattd Nay: None Vote: 5-0-2 (Hammier, Horne absent) Council Member Reid stated this is a great start and hoped to see some progress. He stated he looked forward to the first report and would be looking very carefully to see if there are process improvements. Council Member Martinez stated this is a continuation of effort that has been going on for the past couple of years. He stated hopefully we can now make some progress. Council Member Wright stated this is important for the public and the development community to hear that the Town is serious about changing the culture. Council Member Burk commended Council Member Wright for doing this. She stated this is a good step. Town Council Meeting of November 14, 2007 Paqe 7 J. BOARDS AND COMMISSIONS 1. Airport Commission No report. 2. Thomas Balch Library Commission Council Member Burk noted the history awards were held on Sunday. 3. Board of Architectural Review Council Member Reid reported there would be a public hearing on the Design Guidelines. He noted there have been work sessions on the Waterford Development Project along the creek/park on South King Street. 4. Cable Television Advisory Commission Tami Watkins, Comcast, apologized for her absence at the meeting the previous night. She stated Kathy Leidich had made her aware of the meeting, but she had a scheduling conflict. She stated she is here to address the issue of the green boxes. She stated Mr. Linnemann's box has been replaced. She stated the box is now a shorter, smaller, greener, sleeker box and a soon to be shorter post. She stated it is her understanding that Dominion still needs to do some make-ready work on the post, but the current post will be reduced about 4 inches. She stated she understands how long this process has taken. She stated she has spoken with Mr. Smarco regarding the box on Governor's Drive. She stated Comcast will review his box and determine the cost. She stated they will need to make sure they can get another smaller box and that Dominion can re-do the post. Council Member Wright stated the Town had requested that Comcast no longer install the big boxes. He questioned how many boxes still need to be installed and what type they will be. Ms. Watkins stated Comcast has reviewed the larger boxes. She stated they had issues with the boxes in Loudoun County. She stated the boxes that are located closer to residential areas have been replaced with smaller boxes. She stated there would be more consideration of the size of the box at the time of initial placement. She stated they are more deliberate about placing them in common areas. Council Member Wright stated in the Town, the preference would be for smaller, greener, Jess visible. He stated that would help address most of the concerns. Ms. Watkins stated she did not know of any plans to install the larger boxes, specifically in Leesburg, in the near future. s. Commission on Public Art Council Member Burk noted they would be meeting at the end of the month. Mr. Wells stated Marantha Edwards would be covering the Commission. 6. Economic Development Commission Town Council Meeting of November 14, 2007 Page 8 No report. 7. Environmental Advisory Commission Council Member Burk stated they have been giving out bags with fluorescent lights. They had anticipated staying at the Farmer's Market all day, but after 30 minutes they had given out all the bags. 8. Information Technology Commission No report. 9. Parks and Recreation Commission No report. 10. Planning Commission Council Member Wright reported the Planning Commission meeting tomorrow only had one item on the agenda, which has been pulled, so the meeting will be cancelled. He noted they have completed their review of PMW Farms. 11. Tree Commission Council Member Reid stated there would be no Tree Commission meeting this month because of lack of a quorum. He noted this is the first time in many years this has occurred. 12. Standing Residential Traffic Committee Council Member Reid stated they had a nice presentation from Calvin Grow showing the traffic simulation model. He stated it was very interesting. He noted they have redone the light timing on East Market Street using this model. He stated that has had some effect on the congestion. He stated they have started to discuss the budget for the coming year. K. NEW BUSINESS FOR CONSIDERATION AT A FUTURE MEETING 1. First Floor Retail Update. 2. Cable/Utility Box issues. 3. Joint Meeting with the BAR. 4. Dominion Virginia Power Transmission Line alignment. 5. Key initiatives update. 6. Unfeasible roads in the Transportation Plan. 7. Meeting with Federal representatives. L. NEW BUSINESS FOR CONSIDERATION TONIGHT 1. On a motion by Council Member Burk, seconded by Council Member Martinez, the following resolution was proposed: RESOLUTION 2007-166 Approving funding for the Leesburg Downtown Business Association and the Loudoun Arts Council for the First Friday Program Council Member Wright stated he would like to support this because it is part of the step-down program. He noted the original request was $20,000 and they are now asking for $13,000. He reminded them they would need to take the next step- down into consideration in the next budget cycle. Town Council Meetino of November 14, 2007 Page 9 Council Member Burk stated she has noticed a new vitality with the First Friday program and feels this is a good expenditure. Council Member Reid stated he supports First Friday, but thinks the Town has become the first resort for funding, rather than the last resort. He stated there are now about 26 different banks and several businesses that would be more than happy to help sponsor this program. He stated he is concerned that those with connections with the Economic Development Department can get an item on the agenda, but certain nonprofit groups who rely on volunteers don't get the benefit of coming to the Council to ask for money outside the normal process. The motion was approved by the following vote: Aye: Burk, Martinez, Wright and Mayor Umstattd Nay: Reid Vote: 4-1-2 (Hammier, Horne absent) 2. On a motion by Council Member Martinez, seconded by Council Member Burk, the following motion to approve the 2008 Legislative Packet was proposed. Council Member Reid stated there was no mention of the Tree Roundtable. He stated our legislators, especially Senator Herring, should have a copy of it. The motion was approved by the following vote: Aye: Burk, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 5-0-2 (Hammier, Horne absent) M. COUNCIL COMMENTS Council Member Wright disclosed a meeting with Waterford Development regarding their upcoming special exceptions. He stated he spoke with representatives of Oaklawn. He attended the open house for DIA at the Wachovia Securities building. He stated it was good to hear the tone from this group. He stated they had positive comments about Town staff and working with the Town. He He noted he would recommend an EDC appointee at the next meeting. He congratulated Council Member Burk as well as the other new supervisors. He stated he talked to Nagi Elsewaissi about the new outdoor pool. He stated he didn't want any more delays. He thanked Judy Ahalt for her years of service to the Town. He wished everyone a happy Thanksgiving. Council Member Martinez thanked Vanessa for her talk on recycling containers. He stated it is nice to see someone so young and so concerned about the environment. He gave congratulations to Council Member Burk. He stated it would be nice to have a strong advocate on the Board of Supervisors. He congratulated all the winners in the recent election. He congratulated Joe May, despite the fact he beat him in the election. He stated First Fridays are very nice and he looks forward to them. Council Member Martinez said goodbye to Judy Ahalt and stated she has been more than just a Clerk of Council. He also disclosed a meeting with the Sadaks. Council Member Burk thanked Vanessa for coming tonight to talk about recycling. She stated it is a very important issue. She stated she is delighted to take this to the EAC. She stated she would miss Judy Ahalt. She thanked those who Town Council Meeting of November 14, 2007 Paqe 10 put their names forward for the Standing Residential Traffic Committee. She stated the more volunteers in the government, the stronger the community will be. She stated this has been proven by the Utility Rate Commission. She thanked the voters of Leesburg and stated she looks forward to being an advocate for the Town of Leesburg on the Board of Supervisors. Council Member Reid thanked the Mayor for allowing him to go last. He said goodbye to Judy Ahalt. He stated Ms. Ahalt refused to tell him who her favorite Council Member of all time was. He invited Ms. Ahalt to apply for the opening on Town Council. He stated he attended the Graydon Manor 60th Anniversary. He noted the Town has refused to extend water and sewer to an additional facility at Graydon Manor. He stated Halloween was fun including seeing Council Member Wright dressed as a pumpkin. He noted the two lanes of Battlefield Parkway in front of Cool Spring Elementary School are now open. He stated he was hopeful within a month or two they would be able to hold a ground breaking on the missing link of Battlefield Parkway between Kincaid Boulevard and Rt. 7. He stated his petition drive to get VDOT to pave Sycolin Road south of Town has gathered about 280 signatures. He stated it would be up to the Board of Supervisors to follow-up as VDOT is standing firm that they do not want to pave-in-place until all studies have been completed. He stated he hopes Council Member Burk will take this up with the Board of Supervisors. He stated he had a conversation with Doug Hulamay today on the Commonwealth Transportation Board. He stated it was very helpful for the Town to provide visuals of the road requests. He volunteered to fill in for the Mayor at these types of meetings. He stated he was disappointed the Council rejected Frank Holtz, a man with 30 years of experience who he nominated to the Traffic Committee. He questioned why Commissioner Butler is allowed to be on three different Commissions. He noted that Commissioner Butler isn't a candidate for Council. He stated the procedure for appointing Commissioners needs to be looked at. He stated he looks forward to working with Mr. Eaves, but felt that Mr. Holtz was being denied due to politics. He wished everyone a happy Thanksgiving. N. MAYOR'S COMMENTS Mayor Umstattd stated the Board of Supervisors did lobby for the pave in place project on Sycolin Road, as the Council had requested. She stated the Council will miss Judy Ahalt. She stated she is sad the Town is losing her, but she is happy for her retirement. She congratulated Kelly Burk on her victory. She stated Ms. Burk ran a very fine race. She stated Council Member Martinez also ran a fine race, putting a lot of effort into it. She stated she and Council Member Reid went to the Small Business Awards Dinner by the Chamber of Commerce. She stated it was a fine event. She noted over 500 people attended. She thanked Loudoun County High School for hosting Catoctin Elementary for the Veteran's Day Assembly. She thanked the media for their attendance. She thanked the VFW for the beautiful Veteran's Day ceremony held at dawn at Balls Bluff. She stated the Town flag presented to the Board of Trustees at Union Cemetery was very well received. She thanked Council Member Wright for his effort helping to design it. She disclosed she met with the Sadak's, Johnson's Charcoal Beef House, on the application Chevy Chase Bank has made. She stated she spent a few hours with Dr. Tyree Shar and Dr. David Ginn from Columbia Presbyterian Hospital in New York City on various issues including medical automation, the possibility of a sister city relationship with a city in China. Dr. Ginn is going to get information on this. She wished everyone a happy Thanksgiving. O. MANAGER'S COMMENTS Town Council Meeting of November 14, 2007 Page 11 John Wells congratulated Supervisor-Elect Burk stating he looks forward to working with her in a different capacity. He asked that she not believe everything the County Administrator says about him. He thanked Judy Ahalt for her work with the Town. He stated he certainly has seen her value to the organization. He reminded the Council and the community that next Tuesday there is a public input session with the Board of Supervisors regarding the County Government Center. He stated they would be hearing input about all five proposals. He noted there are two proposals located within the Town limits. He reminded Council of the Legislative Dinner on Monday night at 6 p.m. He stated Delegate Poisson, Delegate Marshall or his legislative aide, Delegate May, Senator Herring, and Delegate Caputo have all confirmed. He updated the Council on the progress of various recruitments in the Executive Department. He stated he anticipated having offers on all the Executive Department vacancies prior to Christmas. He wished everyone a happy Thanksgiving. P. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Wright, the meeting was adjourned at 9: 13 p.m. C. Umstattd, Mayor Town of Leesburg 2007_ TCMIN 1114