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HomeMy Public PortalAbout2007_12_11 COUNCIL MEETING December 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. Council members Absent: None Staff Present: Town Manager John Wells, Deputy Town Attorney Jeanette Irby, Assistant to the Town Manager Kathy Leidich, Director of Engineering and Public Works Tom Mason, Director of Planning, Zoning and Development Susan Swift, Director of Utilities Randy Shoemaker, Economic Research Analyst Betsy Fields, Environmental Planner Irish Grandfield, Zoning Planner Chris Murphy, Clerk of Council Judy Ahalt, Senior Legal Secretary Tracy Sury,. and Management Specialist/Deputy Clerk of Council Debi Parry. AGENDA A. Invocation by Council Member Wright ITEMS B. Salute to the Flag was led by Council Member Burk C. Roll Call showing all present. D. Minutes a. Regular Session Minutes of July 24, 2007 On a motion by Vice Mayor Horne, seconded by Council Member Wright, the minutes of the July 10, 2007 regular session were approved by a 6-0-1 vote (Reid absent). b. Work Session Minutes of August 13, 2007 On a motion by Council Member Wright, seconded by Council Member Burk, the minutes of the August 13, 2007 work session were approved by a 5-0-1-1 vote (Hammier abstained and Reid absent) E. Presentations a. Certificate of Appreciation, Judy Ahalt, Clerk of Council On a motion by Vice Mayor Horne, seconded by Council Member Burk and approved by a 7-0 vote, a Certificate of Appreciation was presented to Judy Ahalt for her outstanding service and dedication to the Leesburg Police Department, Planning, Zoning & Development Department, Executive Department, Town of Leesburg, and its citizens, from August 1987 to December 2007. b. Certificate of Appreciation, David Fawley, Utility Maintenance Superintendent On a motion by Council Member Martinez, seconded by Council Member Burk and approved by a 7-0 vote, a Certificate of Appreciation was presented to David Fawley for his outstanding service and dedication to the Utilities Department, the Town of Leesburg, and its citizens, from September 1974 to December 2007. Town Council Meeting of December 11. 2007 Page 2 c. Recognition of Heritage High School Band A certificate of Recognition was presented to George Herman on behalf of the Heritage High School Band for their selection as one of only five High School bands around the world that will be performing twice at the Sydney Opera House in the summer of 2008. Mr. Herman thanked Council for this honor and asked the community for donations to help the band travel to Sydney. d. Presentation by Rod Williams, COO INOVA Loudoun Cornwall Campus Mr. Williams updated Council on the INOVA expansion efforts in Loudoun County. He stated the system has over 700 physicians that are board certified representing 65 specialties. He stated the Dulles South Center opened in June 2007 and the 15,000 square foot center in Purcellville will open in 2008. Further, he stated letters of intent have been issued for the Lovettsville site and a search is ongoing for a Middleburg site. Mr. Williams outlined the Cornwall Campus site plan stating the medical office building is well underway. He stated by the end of this fiscal year the emergency room will have received over 16,000 visits. Further, he outlined the plans for the site and commented on the success of the nursing home stating it is currently at capacity. Council Member Hammier stated she appreciates the investment in Leesburg, the partnership on the Medical Automation Conference and the key initiatives that are important from an economic development standpoint. Mr. Williams stated Phase II and Phase III development combined with the medical office building total an almost $100 million investment in the community. Council Member Wright asked how INOVA wil partner with the community on outreach efforts regarding the later phases of development. Mr. Williams stated he met with several of the neighbors this morning. Further, he stated they will continue to reach out to all community groups. Council Member Reid stated when he met with Mr. Williams last week he asked for projected traffic data. Mr. Williams stated he is also concerned with traffic for the campus and INOVA plans to develop a comprehensive traffic plan. Council Member Reid stated at the Standing Residential Traffic Committee meeting there have been discussions dealing with issues such as Memorial Drive. He stated Chairman Liz Whiting suggested that a comprehensive plan for the hospital area is needed. Further, he thanked Mr. Williams for his support. Mayor Umstattd thanked Mr. Williams stating it is wonderful to have this hospital in Leesburg. Town Council Meeting of December 11. 2007 Page 3 e. Presentation to Council - Oaklawn Andy Shuckra, Keane Enterprises, stated during the Oaklawn Development process extensive efforts were made to try to save the old oak tree at the corner of Battlefield Parkway and Miller Drive. He stated the tree could not be saved; however, Keane Enterprises commissioned an artist who created humble bowls and a gavel which he presented to the Town in the spirit of linking back to the property's history. Further, he stated Oaklawn is working with Town staff to plant many new trees throughout the project. Mayor Umstattd thanked Mr. Shuckra for his efforts to try to save the tree. Further, she stated these gifts are wonderful mementoes of this beautiful tree. Mr. Shuckra stated Oaklawn will make a contribution of $500 to the Heritage High School band. Vice Mayor Horne thanked Mr. Shuckra for his commitment to the community stating he has been a steadfast supporter of Keep Leesburg Beautiful. F. Petitioners The petitioner's section opened at 8:05 p.m. Lisa James, Old Country Peddler owner, thanked Council for the Downtown Market Study. She offered suggestions to Council including improvements to pedestrian safety and better lighting of the Downtown at night, especially in the alley. Mayor Umstattd asked Ms. James to encourage other Downtown merchants to share their thoughts and suggestions with Council. Daniel Dennison, 243 Town Branch Terrace, urged Council to rescind their vote upholding the BAR's approval of the fire station on Loudoun Street. Neely Law, Leesburg Watershed Committee Chairman, asked Council to approve the Watershed Committee resolution as presented last night. She asked the Town to take a leadership role and fund the recommendations stating the investment is small relative to the benefits. KD Kidder, 2A Loudoun Street, expressed her support for the watershed recommendations. She urged Council to rescind their vote upholding the BAR's approval of the fire station on Loudoun Street. Further, she read the following letter from Tim Wyatt into the record: "I don't live in Leesburg, but Leesburg is a regional center and a significant part of its economy and community vigor comes from people who like me come there frequently for business, recreational shopping and meeting with Loudoun civic and volunteer groups. I oppose the proposed fire house expansion. Not only will it detract in a significant manner the adjacent historic and old town neighborhood, but the precedent it would set in breaching minimum requirements for buffering and parking will likely result in future degradation. Furthermore, the Town would be absorbing these costs to further a poor Town Council Meeting of December 11. 2007 Page 4 public policy, establishing a weird funding mechanism for the firefighters by turning them into landlords and developers. If we truly support our firefighters we should not weasel out of our obligations to support them financially through open and direct methods such as taxes whether through the County or the Town." Brenda Branscome, 251 Town Branch Terrace, thanked Council for the opportunity to be a part of the process. Further, she urged Council to rescind their vote upholding the BAR's approval of the fire station on Loudoun Street. Doris Kidder, 214 Loudoun Street, urged Council to rescind their vote upholding the BAR's approval of the fire station on Loudoun Street. Lester Schumacher, 251 Town Brach Terrace, urged Council to rescind their vote upholding the BAR's approval of the fire station on Loudoun Street. Steve Kambly, 241-G Loudoun Street, urged Council to rescind their vote upholding the BAR's approval of the fire station on Loudoun Street. Rev. Lvman Eddy, 115 Harrison Street, urged Council to reinstate the minor subdivision process. Mayor Umstattd stated there is a resolution before Council tonight to initiate amendments to reinstate this process. Further, she stated she would support a joint public hearing with the Planning Commission to expedite the process. Julie Koehler, 101 Meherrin Terrace, urged Council to rescind their vote upholding the BAR's approval of the fire station on Loudoun Street. Virginia McGuire, Environmental Advisory Commission Chairman, stated the Commission sent a note to Council indicating that while they would like to save the trees on the Festival Lakes Property, they know it is probably not realistic and the applicant is proposing some environmental protections above the minimum. She stated she was touched by Mayor Umstattd's comments last night regarding the school issues and feels that residents would be concerned with any decision to trade school dollars for road projects. She stated the tree mentioned by Oaklawn was beautiful and she weeps for all the other trees destroyed by Oaklawn and other developments because they are seen as expendable. Further, she urged Council to support the Watershed Committee resolution as presented last night. Pat Kellerman, 243-F Loudoun Street, urged Council to rescind their vote upholding the BAR's approval of the fire station on Loudoun Street. Paul Corcoran, 212 Lawford Drive, expressed his support of Dave Butler as a candidate to fill the unexpired Council term of Council Member Kelly Burk Richard Koochagian, 212 Loudoun Street, urged Council to rescind their vote upholding the BAR's approval of the fire station on Loudoun Street. Rick DiZerega, 4 Adams Drive, stated the Volunteer Fire Department has done everything asked of them and were not given special treatment. He stated the circuit court is the next forum for appeal and the citizen's should follow that procedure. Further, he stated the fire department has changed their position based on the approvals by the BAR and Council. Town Council Meeting of December 11. 2007 Paqe 5 Neil Steinberg, 214 Loudoun Street, urged Council to rescind their vote upholding the BAR's approval of the fire station on Loudoun Street. Tom Dunn, Leesburg Planning Commission, urged Council to not rescind their vote to deny the PMW Farms application. He asked Council to consider former Council Members when appointing a candidate to fill the unexpired term of Council Member Kelly Burk. Further, he stated he is starting a group called Leesburg Votes to encourage citizens to be more involved in Town elections. Dave Butler, 211 Jennings Court, thanked Council for the opportunity to be considered to fill the unexpired term of Council Member Kelly Burk. KD Kidder, 2A Loudoun Street, stated the citizens had short notice, lack of information and no input in the fire station's plans. She urged Council to rescind their vote upholding the BAR's approval of the fire station on Loudoun Street. The petitioner's section closed at 9:13 p.m. G. Public Hearing None H. Legislation ORDINANCES CONSENT AGENDA On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the following consent motion was proposed: RESOLUTION 2007-173 Amending Resolution 2007-133, approving a reduction of the performance guarantee amount, and approving substitute performing guarantees for completion of the interchange at the intersection of East Market Street (Route 7), River Creek Parkway and Crosstrail Boulevard RESOLUTION 2007-174 Awarding Route 643 Pumping Station variable frequency drives replacement construction contract. The consent motion was approved by the following vote: Aye: Burk, Hammier, Horne, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 REGULAR AGENDA The following item was deferred: RESOLUTION Accepting the Leesburg Drought Response Plan On a motion by Council Member Wright, seconded by Council Member Reid, the following motion was proposed: Town Council Meeting of December 11. 2007 Page 6 RESOLUTION 2007-175 Making an appointment to the Economic Development Commission - Scott Gustavson 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 Burk, seconded by Council Member Wright, the following motion was proposed: MOTION Performing/Cultural Arts Center Feasibility Study Draft RFP Scope of Work Mr. Wells stated amendments were made to the resolution consistent with last night's discussion. He stated the amendment to prohibit the selected firm from participating in the later stages is not germane given the Town will not be participating in the later stages. Council Member Reid stated he is concerned the study will come up with conclusions that are pre-drawn as opposed to a study that will present the pluses and minuses. Ms. Irby stated there would be no way to enforce such a prohibition. Council Member Wright proposed an amendment to the resolution indicating local government will not be the primary source of funding. The amendment was accepted. Council Member Reid stated he received an email from John Wood, Telos Chairman, stating this is an opportunity for the Town to look at for-profit venues. He proposed an amendment stating the study would look at local arts groups and for-profit performing venues. The amendment was accepted. 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 Council Member Burk, the following motion was proposed: RESOLUTION 2007-176 Provisions of Utilities of New High School/Revised Resolution Council Member Reid asked Dr. Sam Adamo, Loudoun County Public Schools, if this site change mitigates the Environmental Advisory Commission's concerns regarding impacts on the trout stream. Town Council Meeting of December 11. 2007 Page 7 Dr. Adamo stated he has met with interested parties including Trout Unlimited and has provided a mitigation plan that will improve the quality of the tributaries. Council Member Reid asked Virginia McGuire, Chairman of the Environmental Advisory Commission, to address the issue after Council comments. Council Member Hammier stated the decision to move the site benefits the Town as it is now adjacent to Ida Lee. She asked the school board staff to consider locating the ball fields closer to Ida Lee and constructing a trail to provide access. Council Member Martinez asked if the two intersections for the school will be signaled. Dr. Adamo stated their last study indicated signals were not warranted for the intersections. He stated they will be working with Town staff as this goes through the site plan process. Virginia McGuire, Environmental Advisory Commission Chairman, stated she has met with school board staff regarding the trout issues. She stated it was mostly the school conveying information about the site; however, there was discussion of the Commission's concerns and there was going to be at least one follow-up meeting with Trout Unlimited. Further, she stated she is eager to have further discussions. Mayor Umstattd verified the school board staff is planning to have additional meetings. 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 Mayor Umstattd, seconded by Council Member Burk the following motion was proposed: MOTION Rescinding the November 27 motion to uphold the decision of the Board of Architectural Review in case TLHP-2007-0030 Council Member Hammier asked Ms. Irby to advise Council based on the fact that this decision to rescind is different as an affirmative decision was made earlier. Ms. Irby stated this issue is different from the PMW Farms issue as the PMW Farms applicant was told that they couldn't do something and this applicant was told that they could. She stated one of the requirements to make a motion to rescind is that the applicant can not have changed their position since receiving approval. Further, she stated given the information presented tonight Council needs to make the decision if a motion to rescind is appropriate for this case. Council Member Hammier asked Ms. Irby to comment on the financial considerations and potential abuse of discretion. Ms. Irby stated unless there is evidence that the BAR members factored financial considerations into their decision it would not be considered an abuse of Town Council Meetinq of December 11. 2007 Page 8 discretion. She stated the transcripts and remarks show discussion of financial issues which happens frequently at BAR meetings and discussion does not constitute an abuse of discretion. Council Member Hammier asked Ms. Irby to comment on the possibility of postponing any action until Council has reevaluated the BAR appeal process. Ms. Irby stated if Council votes to rescind there is no item on the agenda to uphold or deny the BAR appeal and under Council's rules there would need to be unanimous consent to add an item to the agenda. She stated if no vote is taken after the rescission the applicant and citizens would be put back to the same place they were after the Council public hearing was closed, but before the action was taken. Further, she stated there is no timeline; however, Council will need to act and either party may have a remedy in court to force Council to take an action. Council Member Hammier expressed concern in rushing to judgment to rescind Council's action as it will not solve the problem. She asked that Council consider a motion to urge the fire department to reconsider its project and do what we can to influence that outcome and get the project amended so we are in a position to have more of a legislative influence. Council Member Burk stated it is sad that we are at this point. She stated we have a fire department with dedicated and brave individuals who want to serve the community, yet we have a community who is so upset and the hard feelings developed by this project may never be repaired. Further, she expressed support for Council Member Hammier's request that the fire department meet with the community to see if a compromise can be reached on this project. Council Member Martinez stated he would also support a meeting between the fire department and citizens. He stated he would like to research any assistance that the Town can provide; however, the County needs to also be involved in this issue. Council Member Wright stated the challenge continues to be our role to look at the BAR process and determine if there was an error. He stated an opportunity was missed for Council to be briefed on this situation before it was presented to the BAR. Council Member Reid stated there is an opportunity for the citizens and fire department to come together to discuss buffer issues. He stated the issue before Council is how the BAR acted and while economic issues were discussed he does not believe those discussions were factored into the decision. Mayor Umstattd stated having read the minutes and not received the transcripts Council did not have the opportunity to review the full record and a motion to rescind would provide that opportunity. She stated it is clear to her that at least two of the four person majority did view the economic factors as the most important factor. She stated she has since learned that a third member of the prevailing majority made the comment to a Council Member that he was going to support the fire departments position because he did not want the fire department to close the station on Loudoun Street, which also would be an inappropriate consideration. Further, she stated it is unfortunate we have gotten to this point and this is unfortunately due to Loudoun County not providing adequate funding for the fire department. Town Council Meeting of December 11, 2007 Page 9 Council Member Hammier stated she is concerned that we are being called to be judges yet do not have the benefit of cross examination. Further, she stated we are continually presented with possible facts and asked Ms. Irby for guidance given the precarious legal situation. Ms. Irby stated Council has to take all the information they have and make a decision. She stated the only concern she has for the Town is the change of position of the fire department. The motion was approved by the following vote: Aye: Burk, Hammier, Martinez and Mayor Umstattd Nay: Horne, Reid, and Wright Vote: 4-3 It was the consensus of Council to take no further action on this item tonight. Council Member Hammier requested that a motion be considered to request the fire department in light of the community issues reconsider its overall project and initiate community outreach. Mayor Umstattd asked if this motion would require unanimous consent to be considered give the issue was discussed at the work session last night. Council moved on to the discussion of the PMW Farms project while allowing Ms. Irby time to research the issue. Mayor Umstattd stated Ms. Irby has decided that unanimous consent would be required to allow a vote on the motion proposed by Council Member Hammier. Council Member Hammier proposed a motion to suspend the rules, seconded by Council Member Burk. The motion to suspend the rules 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 Hammier, seconded by Council Member Wright, the following motion was proposed: MOTION To urge the Loudoun Volunteer Fire Company 1 and the interested citizens to work together towards a mutual benefit solution for the facility on Loudoun Street Council Member Martinez verified this is not a binding motion. Further, he requested that staff work with both parties to facilitate discussions. Council Member Wright stated he will support this motion as it never hurts to talk to the community. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Town Council Meetinq of December 11. 2007 Paqe 10 Nay: None Vote: 7-0 On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the following motion was proposed: MOTION Rescinding the action taken on PMW Farms Council Member Hammier proposed a motion, seconded by Mayor Umstattd to table the motion to rescind. The motion to table failed by the following vote: Aye: Hammier and Mayor Umstattd Nay: Burk, Horne, Martinez, Reid and Wright Vote: 2-5 Council Member Burk stated she has a great deal of respect for Council Member Hammier and her desire to change this development to commercial; however, she disagrees because we knew the applicant would be proposing a residential development when this property was brought into the Town. She stated if we turn this around we are not in a good faith standing. She stated the applicant has gone above what we expected them to do, they have followed the comprehensive plan, staff supports this project and it is a good development. Further, she stated she understands the issues of the schools; however, we have no control over the schools and we must maintain the ability to have our word trusted. Council Member Reid stated the argument that should be made is that we have shown to the entire community that you cannot count on this Town for anything. He stated Council Member Burk says we must follow the guidelines, yet we are going to change our decision when the developer has the opportunity to resubmit and now we are going to make the fire department resubmit too. He stated Council Member Burk is going to the Board of Supervisors and this is not in her district and yet she wants us to divert money from schools to build a little section of roadway that Supervisors Kurtz and Waters want and we are not likely going to get the money for a school site which we need. Further, he stated he is concerned with the political pandering and this is a low point for Council. Vice Mayor Horne echoed Council Member Burk's comments regarding honoring our Town Plan. She stated the Town Plan reflects the work of the citizens of this community, it reflects the work of the Town staff, Planning Commission and Council. She stated this area is not appropriate for commercial development because of the surrounding residential neighborhoods. Further, she stated if we can not stand by our Town Plan we do not stand for anything. Council Member Wright stated we need to be careful of our tone. He stated he did not vote with the majority on the fire department rescission; however, he did not feel that those who did were pandering. He stated Council needs to be careful of the message we send on this application as the applicant has met the Town Plan. He stated members of the Spring Lakes community spoke in opposition to the application at the Planning Commission; however, the applicant met with them and by the time the issue reached Council their concerns had been resolved. Further, he Town Council Meeting of December 11. 2007 Page 11 expressed concern with the effects on the community from rezoning this property to commercial. Council Member Burk thanked Council Member Wright for his comments. She addressed Council Member Reid stating she has disagreed with him many times and has never attacked him as he has her. She asked that he respect members of Council knowing that they are making decisions on what they feel is best. Council Member Hammier stated she trusts how all Council Members come to their decisions. She stated we are all aware that change is inevitable; however, residential growth is not inevitable. She stated we are here to make decisions based on our Town Plan, but foremost to decide what is best for the citizens. Further, she commented on the pressures of residential development including school funding and transportation congestion. Council Member Reid stated he was not directing his comments on pandering only to Council Member Burk. He addressed Dr. Sam Adamo, Loudoun County Public Schools, stating the proffers state the proffered money can be used to offset school land acquisition for the Town of Leesburg and asked if we can stipulate it is used specifically for Leesburg. Dr. Adamo stated it is his understanding when these rules were implemented that it was the desire of the Town Council to have these proffer funds go to the School Board to offset some of the costs they undertake. He stated the funds could be used to offset some of the land acquisition costs for the proposed high school or elementary school. There was further Council discussion regarding the capacity of Catoctin Elementary School. Council Member Martinez stated we all have differences of opinion on Council and those have to be respected. He stated we knew what the applicant was planning when the property was brought into the Town and it is important to uphold that trust. Further, he stated he would not support a commercial use on this property. Mayor Umstattd stated she appreciates everyone's position. She stated she voted against bringing this property into the Town as she was fearful it would be rezoned at significantly higher density. She stated this land in the early 1990's was planned for first class office along with all of the other property on that side of Route 7 from the Bypass east. She stated this will be a 900 percent increase in the residential component than it would be under its current zoning. She stated she would like to see something like the Rehau campus on this property as this land would lend itself to a research facility. Further, she commented on Council's history of bringing property into Town and rezoning it to a higher density saying if this continues to happen no one on Council will be able to claim they run on a slow growth ticket. Vice Mayor Horne stated the proffers conform to the formula Council created. Council Member Reid stated it is interesting that the people who run on slow growth tickets are the very people who are going to vote to rescind this decision. Town Council Meeting of December 11. 2007 Page 12 Council Member Hammier stated she hopes Council does not take additional action to rezone this property as we could do better by the citizens in terms of proffer negotiations. The motion was approved by the following vote: Aye: Burk, Horne, Martinez, and Wright Nay: Hammier, Reid, and Mayor Umstattd Vote: 4-3 On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the following motion was proposed: ORDINANCE 2007-0-22 Approving application TLZM-2006-0022 PMW Farms to rezone 105.07 acres from R-E Single Family Residential Estate to PRN - Planned Residential Neighborhood Council Member Burk proposed an amendment that the proffer language regarding funding for Riverside Parkway be removed and that the money go to the School Board. Council Member Martinez and Vice Mayor Horne accepted the amendment. The applicant also accepted the amendment. Council Member Hammier proposed a motion to table the item, seconded by Council Member Reid. The motion to table failed by the following vote: Aye: Hammier, Reid and Mayor Umstattd Nay: Burk, Horne, Martinez, and Wright Vote: 3-4 Council Member Reid asked the applicant if they would be willing to provide funding for Battlefield Parkway. Michael Capretti, attorney for the applicant, stated he would like to keep the proffers the way they have been amended with the entire $4.7 million to be used for schools serving residents of the Town of Leesburg and not to provide funding for Battlefield Parkway. Council Member Reid verified the Fort Evans Road improvements are to be made before the first occupancy permit is issued. He asked if the applicant is building the Spring Lakes connector trail. Mr. Capretti stated the applicant is committed to build the trail if the Spring Lakes HOA provides the right-of-way. Council Member Reid he asked if the construction of the trail could be swapped for funding for Battlefield Parkway. Mr. Capretti stated no. The motion was approved by the following vote: Town Council Meeting of December 11, 2007 Page 13 Aye: Burk, Horne, Martinez, and Wright Nay: Hammier, Reid, and Mayor Umstattd Vote: 4-3 I. BOARDS AND COMMISSIONS a. Airport Commission Vice Mayor Horne reported the ILS project is moving forward. b. Thomas Balch Library Commission Council Member Burk reported the Commission will meet tomorrow. c. Board of Architectural Review Council Member Reid reported the BAR will be meeting again to review the guidelines. Further, he stated it is his hope that Council will schedule a joint meeting with the BAR very soon. d. Cable Television Advisory Commission Council Member Hammier reported the Commission will meet next Tuesday; however, she will not be there as she will be on her second honeymoon. She asked if another Council Member can attend in her place. Council Member Martinez stated he would attend the meeting. e. Commission on Public Art Council Member Martinez asked if members of this Commission must reside in the Town. Ms. Irby stated there is no requirement that members of this Commission be residents of Leesburg. f. Economic Development Commission No comment g. Environmental Advisory Commission No comment h. Information Technology Commission Council Member Martinez reported the Commission will be meeting tomorrow night. i. Parks and Recreation Commission Council Member Wright reported the tennis bubble construction is on schedule. j. Planning Commission No comment k. Tree Commission No comment I. Standing Residential Traffic Committee Council Member Reid reported the Committee received a report on possible alternatives for the Northwest Passage. Town Council Meeting of December 11. 2007 Page 14 Vice Mayor Horne asked if this discussion on a Northwest Passage involved expenditure of Town money. Council Member Reid stated there were funds left over for the Northwest quadrant so they funded some modeling for Union Street and another alternative. Vice Mayor Horne stated the agreement between the Town and the Rust Family was made such that there can not be a pass through road on that property. Council Member Reid stated the results from the study concluded it was not feasible; however, the Committee wanted to see what the relief factor would be within the Town. He stated traffic would be relieved on King and Market Streets; however, it really didn't do much. Vice Mayor Horne asked how much money was spent on the study. Council Member Reid stated he does not recall the exact amount; however, it was approximately $20,000. He stated the study covered Union Street also. Further, he stated this was the first test of the new model and will provide data if the Transportation Plan is redone to relieve traffic at the hospital on Cornwall Street. Vice Mayor Horne stated $20,000 could have paid for a number of speed cushions to slow down traffic. Council Member Reid stated the Committee had no projects in the Northwest Quadrant for these funds. Mayor Umstattd stated we should not be designating funds unnecessarily based on quadrants. She stated if there were no projects in the Northwest then no money should have been spent in the Northwest. Further, she stated the money could have been applied to projects in other quadrants of Town. Mayor Umstattd asked Mr. Wells to review the policy. She stated the rest of Council was not aware that funds would be spent in that way. J. OLD BUSINESS None K. NEW BUSINESS RESOLUTION a. Virginia Dominion Power Transmission Lines On a motion by Council Member Reid, seconded by Council Member Hammier, the following motion was proposed: RESOLUTION 2007-177 Opposing the "Modified D" Route for the Virginia Dominion Power Transmission Lines Town Council Meeting of December 11. 2007 Page 15 Ms. Irby stated the Town's outside counsel has approved this resolution. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 b. Leesburg Watershed Committee Report On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the following motion was proposed: RESOLUTION 2007-178 Accepting the Leesburg Watershed Committee Report Vice Mayor Horne asked that Mr. Wells look at the possibility of management interns and those on staff who could share the responsibility for implementing the recommendations. Council Member Hammier stated she would be less inclined to support an additional staff position, but would fully support leveraging existing resources and a grassroots volunteer effort. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 c. Minor Subdivision Plat Subdivision It Land Development Regulations Amendment On a motion by Council Member Wright, seconded by Council Member Martinez, the following motion was proposed: MOTION I move that the Town Council direct staff to investigate the possibility of returning the Minor Subdivision Plat as an option for processing small scale subdivision applications. It is the Town Council's desire to establish a process that responds to the needs of property owners who are proposing subdivisions of five lots or less. Mr. Wells stated language could be added directing staff to schedule a joint public hearing with the Planning Commission as soon as practical. The amendment was accepted 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 Town Council Meeting of December 11. 2007 Paqe 16 d. Special Town Council Meeting On a motion by Council Member Wright, seconded by Vice Mayor Horne, the following motion was proposed: MOTION To schedule a public meeting on January 3rd at 6:00 p.m. to vote on the vacant Council seat. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Burk abstaining) L. NEW BUSINESS (FOR CONSIDERATION AT A FUTURE MEETING) a. BAR Appeal Process There was no discussion of this item. Council Member Wright asked that follow-up discussions be scheduled for the downtown market study and Council's priorities and goals. Council Member Burk asked that Council consider a policy requiring sitting Council Members who are not up for reelection to resign their position if they choose to run for Mayor. Council Member Reid asked if a date would be set tonight for the BAR Retreat. Ms. Swift stated Chairman Minchew indicated she would work with Council Member Reid to set a date. Council Member Reid stated Council should select two dates that could then be presented to the BAR. Council Member Wright stated Chairman Minchew indicated to him that she would bring forward a date for the retreat. Council Member Reid stated he will be in attendance at the BAR meeting on Monday night and will ensure a date is set for this discussion. M. COUNCIL COMMENTS Council Member Burk read the following statement into the record: "Last night Council received the Downtown Business Study report. She stated the 2000 study provided a foundation for the Business Development Strategy that has guided the Economic Development Commission (EDC) since 2003. Further, she stated it is her hope that this study can be updated regularly, that the results will be shared with the Downtown businesses and that it will be a guide to the Leesburg Downtown Business Association and Downtown Improvement Association. It will be an honor to serve as the Leesburg District Supervisor for the Town Council Meeting of December 11. 2007 Page 17 Loudoun County Board of Supervisors and she is looking forward to this opportunity to serve the Town of Leesburg in a different capacity and to help Council improve the quality of life for the Town's residents. She stated while this comes as a great opportunity, it also comes with a degree of sadness as she is resigning her seat as a member of the Town Council effective December 21, 2007. Further, she stated she looks at her three and one-half years on Council as a time of accomplishment; the beginning of the Keep Leesburg Beautiful community clean-up event, the initiation of the Public Arts Commission, the improved environmental awareness, the improved financial awareness including two credit rating upgrades, an aggressive capital improvement program that emphasizes transportation and storm water management, the new Town Plan, and many other initiatives that have helped to improve the quality of life for our Town residents." Further, Council Member Burk thanked the Town staff stating they have been wonderful to work with. Vice Mayor Horne stated she will miss Council Member Burk and wished her well on her new adventure and much success. Vice Mayor Horne reminded everyone to shop in Loudoun and Leesburg during the holiday season and to support the local businesses. Vice Mayor Horne thanked staff for inviting Council to the employee holiday luncheon today stating it is always nice to talk with the employees. Further, she thanked Mr. Wells and Debi Parry for organizing the farewell party for Judy Ahalt. Vice Mayor Horne stated she enjoyed the Holiday Parade and wished that Council had candy to throw to the children. Vice Mayor Horne disclosed a meeting with Rod Williams and Randy Kelly from the INOVA Cornwall Campus. Further, she disclosed a meeting with the PMW farms applicant and their counsel. Vice Mayor Horne stated she would like to see Council have regular meetings with new Loudoun County Board of Supervisors Leesburg District Member Kelly Burk and Catoctin District Member Sally Kurtz. Further, Vice Mayor Horne wished everyone a happy holiday season. Council Member Martinez disclosed discussions with representatives of the PMW Farms application. Further, he disclosed discussions with J.B. Anderson and various residents regarding the fire house appeal. Council Member Martinez stated he missed the last council meetings because his sister passed away last week and thanked Council, staff and friends for their condolences and prayers. Council Member Martinez stated he was stopped the other day by someone on the street thanking him for the free parking downtown. Further, he thanked staff for putting the project together. Town Council Meeting of December 11. 2007 Page 18 Council Member Martinez thanked staff for the opportunity to attend the employee holiday luncheon and retirement party for Judy Ahalt. Further, he wished the staff happy holidays. Council Member Martinez stated he was sorry to have missed the holiday parade and alternative gift fair. He commented on the success of the gift fair stating they have raised $21,000. Council Member Martinez stated he is going to miss Council Member Burk stating it has been a pleasure to work with her for the past three and one half years. Council Member Martinez wished Council a happy holiday season. He stated Council and staff are only here to deliver quality service to a Town that we all love. Council Member Hammier disclosed a meeting with Bob Flinn and a representative from Chevy Chase Bank on November 30. Further, she disclosed meeting with Rod Williams prior to him coming forward this evening. Council Member Hammier stated she was struck by the number of people attending the BAR meetings and asked Mayor Umstattd to provide the names of individuals referred to in her comments this evening. Council Member Hammier stated Miriam Nasuti gathered a group of women together to go shop hopping downtown and they had a wonderful time. She stated it is wonderful to be in a community where you can visit a shop where you know people by name and have the opportunity to support such a wonderful downtown. Council Member Hammier expressed her condolences to Council Member Martinez stating he was missed at the last meeting. Council Member Hammier congratulated Council Member Burk stating this may be the first time ever that a Council Member has gone straight to the Board of Supervisors. She stated Council's relationship with Council Member Burk will serve the Town well given her expertise in our issues. Council Member Hammier thanked staff for inviting her to attend the employee holiday luncheon and expressed her thanks for staff's efforts to support the Town. Further, she wished happy holidays to everyone. Council Member Wright disclosed meetings with representatives from PMW Farms and Waterford Development. Council Member Wright commented on the County's purchase of a portion of the Cangiano property and urged the Board of Supervisors to meet with the community. Council Member Wright stated he is looking forward to follow-up discussions on the Downtown Market study regarding the action items. Town Council Meeting of December 11. 2007 Page 19 Council Member Wright thanked staff for the annual financial report stating that helps Council warm up for the budget process. He stated the document is available online and it is a wonderful document for anyone who would like to know more about the Town. Council Member Wright stated he enjoyed the holiday luncheon stating it was nice to visit with staff. Council Member Wright expressed his best wishes to Council Member Burk stating he has enjoyed working with her. Further, he stated he is looking forward to a busy and productive new year and wished everyone a safe and happy holiday season. Council Member Reid disclosed a phone conversation with Mike Capretti regarding PMW Farms. Council Member Reid disclosed a meeting with Rod Williams and Randy Kelly regarding the INOVA expansion plans stating it is estimated this use would add a parking demand of 1,000 cars a day in six years. He stated he was pleased they are interested in doing a Town Plan review of the area in terms of traffic and which way the streets should go. Council Member Reid offered his condolences to Council Member Martinez stating he was saddened to hear of the loss and his prayers are with the Martinez family. Council Member Reid stated he enjoyed the employee luncheon today and was grateful to see that all Council Members were there. Council Member Reid stated he had a nice luncheon at the rescue squad with a tour of their facility. Further, he stated they are in need of more space. Council Member Reid wished the best of luck to Judy Ahalt and Council Member Kelly Burk. Further, he wished everyone a Merry Christmas. N. MAYOR'S COMMENTS Mavor Umstattd disclosed a meeting with Rod Williams and Randy Kelly from INOVA regarding future plans for a new and improved emergency room on the west side of the Cornwall Campus building Mayor Umstattd announced Miriam Nasuti has resigned from the BAR and she has begun talking to individuals who may be willing to serve on the BAR. Mayor Umstattd stated Mr. Wells, Chief Price and she have been in contact with General Greely regarding the War Fighter Program. She stated this is a program that the Department of Defense has begun to reintroduce wounded veterans into the local, state or federal government workforce. Further, she stated the Federal Government pays the cost and the local government is asked to find an internship position for a wounded veteran. Town Council Meeting of December 11. 2007 Paqe 20 Mayor Umstattd stated this is a wonderful program and Chief Price has agreed to visit one young soldier who lost both legs. She stated his Dad was a police officer and he always wanted to be an officer, but feels he has no chance of doing so because of his injuries. Further, she stated Betsy Fields has been involved in forwarding information to the Chamber of Commerce to raise awareness of this program in the private sector. Mayor Umstattd thanked Tom Mason and the Engineering Department for their attempts to protect homes and other businesses from flooding. Mayor Umstattd expressed her best wishes to Council Member Kelly Burk stating the Council is loosing something irreplaceable. Mayor Umstattd expressed her condolences to Council Member Martinez and his family. Further, she wished everyone a Merry Christmas and a happy holiday season. O. MANAGER'S COMMENTS Mr. Wells congratulated Judy Ahalt on her retirement stating she has been a wonderful asset on staff and is truly irreplaceable. Mr. Wells thanked Council Member Burk on behalf of staff for her service to the Town. He stated she really represents the best of public service in all aspects. Mr. Wells expressed his condolences to Council Member Martinez and his family. Mr. Wells thanked Council for their attendance at the holiday luncheon and for their support stating the employees genuinely appreciate funding for this event and employee recognition month. Mr. Wells wished a happy holiday season to everyone. P. CLOSED SESSION a. Town Manager Evaluation This closed session was deferred to January 3rd. b. Pending Litigation On a motion by Mayor Umstattd, seconded by Council Member Martinez, the following motion was proposed: MOTION Pursuant to Section 2.2-3711(A)(7) of the Code of Virginia I move that the Town Council convene in a closed meeting to discuss three different legal matters. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 Town Council Meeting of December 11. 2007 Paqe 21 The Council convened in closed session at 11 :48 p.m. The Council reconvened in open session at 12:50 a.m., Wednesday December 12, 2007. On a motion by Mayor Umstattd, seconded by Council Member Martinez, the following motion was proposed: MOTION In accordance with Section 2.2-3712 of the Code of Virginia, I move that the 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 Q. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Wright, the meeting adjourned at 12:50 a.m., Wednesday, December 12,2007. ATT~T: (\ 1\ \J