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.
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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.
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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
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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.
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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
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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