HomeMy Public PortalAbout2008_01_23
COUNCIL MEETING
January 23, 2008
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Kathryn Sheldon Hammier, Ken Reid, Kevin Wright,
and Mayor Kristen Umstattd.
Council Members Absent: Susan Horne, Marty Martinez, and David Schmidt.
Staff Present: Town Manager John Wells, Deputy Town Attorney Jeannette Irby,
Deputy Town Manager Kaj Dentler, Assistant to the Town Manager Kathy Leidich,
Director of Engineering and Public Works Tom Mason, and Clerk of Council Lee Ann
Green.
AGENDA
ITEMS
A. Invocation by Mayor Umstattd
B. Salute to the Flag was led by the Loudoun County Girl's Volley Ball Team
C. Roll Call showing Vice Mayor Horne, Council Member Martinez and Council
Member Schmidt absent.
D. Minutes
a. Regular Session Minutes of August 14, 2007
On a motion by Council Member Hammier, seconded by Council
Member Wright, the minutes were passed with corrections 4-0-3 (Horne,
Martinez, and Schmidt absent)
b. Regular Session Minutes of September 25, 2007
On a motion by Council Member Reid, seconded by Council Member
Hammier, the minutes were passed 4-0-3 (Horne, Martinez, and Schmidt
absent)
c. Work Session Minutes of November 13, 2007
On a motion by Council Member Wright, seconded by Mayor Umstattd,
the minutes were passed 3-0-1-3 (Hammier abstaining, Horne, Martinez and
Schmidt absent)
d. Work Session Minutes of November 26, 2007
On a motion by Council Member Hammier, seconded by Council
Member Wright, the minutes were passed 4-0-3 (Horne, Martinez, and
Schmidt absent)
e. Special Meeting Town Council Minutes for January 3, 2008
On a motion by Council Member Hammier, seconded by Council
Member Wright, the minutes were passed 4-0-3 (Horne, Martinez, and
Schmidt absent)
Town Council Meeting of January 23. 2008
Page 2
f. Regular Session Minutes of January 8, 2008
On a motion by Council Member Wright, seconded by Council Member
Hammier, the minutes were passed 4-0-3 (Horne, Martinez, and Schmidt
absent)
E. Presentations
a. Certificates of Recognition - Loudoun County Girls Volleyball
Team - Virginia State AA Champions
On a motion by Council Member Hammier, seconded by Council
Member Wright, Mayor Umstattd presented Certificates of Recognition to
members of the team, managers and coaches.
Team members include: Sarah Muse, Libby Messina, Marguerite
Hanna, Rebecca Dancy, Kerry Sarver, Kristi Cook, Rochelle Latka, Shaylin
O'Connell, Ali Richards, Morgan Petkovich, Katie Gloe, Katie Martin, Juliane
Hanna, Sara Reilly. Managers were Megan Betcher and Sarah Kabernagel.
Coaches were Jenica Matthias, Jarod Brown, Courtney Wilhelm, and Sara
Owens.
b. Certificate of Appreciation - Commending Congressman Frank
Wolf for his efforts related to local transportation funding
On a motion by Council Member Reid, seconded by Council Member
Hammier, Mayor Umstattd read the Certificate of Appreciation to be
presented to Congressman Wolf or his representative at the ground breaking
for the segment of Battlefield Parkway between Lawson Road and Rt. 7, which
was made possible by funding secured in part through Congressman Wolf's
efforts.
F. Petitioners
Robert Flinn, attorney for Chevy Chase Bank, spoke about changes to
the Chevy Chase Bank application. Mr. Flinn reviewed the changes made by
the applicant in response to Town comments.
G. Public Hearings
a. Amending and Reordaining Section 6-2 (Voting Places) of
Chapter 6 (Elections) of the Code of the Town of Leesburg
The public hearing was opened at 7:58 p.m.
Jeannette Irby clarified the change in polling places may not be
temporary.
The public hearing was closed at 8:00 p.m.
Council Member Wright stated since it is unclear whether the Fire Hall
will be demolished before the elections, the polling place needs to be decided.
Council Member Reid questioned whether there could be some
flexibility as to the polling place adding if the Fire Hall was still there at
election time, it would cause confusion.
Mayor Umstattd stated she was frustrated with the situation and felt it
is a disservice to the public to get little or no notice of a change in polling
place.
Town Council Meeting of January 23. 2008
Paqe 3
On a motion by Council Member Hammier, seconded by Council
Member Wright, the following Ordinance was proposed:
ORDINANCE 2008-0-1
Amending and Reordaining Section 6-2 (Voting Places) of Chapter 6
(Elections) of the Code of the Town of Leesburg
The motion was approved by the following vote:
Aye: Hammier, Wright and Mayor Umstattd
Nay: Reid
Vote: 3-1-3 (Horne, Martinez and Schmidt absent)
H. LEGISLATION
On a request by Council Member Reid, Awarding the Ida Lee Barn Contract
was moved from the Consent Agenda.
On a motion by Council Member Wright, seconded by Council Member Reid,
the following consent item was proposed:
RESOLUTION 2008-16
Authorizing an agreement and approving a performance guarantee and water
and sewer extension permits for Oaklawn at Stratford Multifamily
The consent motion was approved by the following vote:
Aye: Hammier, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 4-0-3 (Horne, Martinez and Schmidt absent)
REGULAR AGENDA
On a motion by Council Member Wright, seconded by Council Member
Hammier, the following motion was proposed:
RESOLUTION 2008-17
Awarding the Ida Lee Barn Renovation Construction Contract
Council Member Wright noted the contract is under budget.
Council Member Reid stated he would be voting against it for philosophical
reasons. He stated although the project is under budget, it is really not a priority.
The motion was approved by the following vote:
Aye: Hammier, Wright and Mayor Umstattd
Nay: Reid
Vote: 3-1-3 (Horne, Martinez and Schmidt absent)
On a motion by Council Member Hammier on behalf of Council Member
Schmidt, seconded by Council Member Reid, the following motion to appoint Shirley
McClain Hall was proposed:
RESOLUTION 2008-19
Making an appointment to the Thomas Balch Library Advisory Commission
Town Council Meeting of January 23. 2008
Page 4
The motion was approved by the following vote:
Aye: Hammier, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 4-0-3 (Horne, Martinez and Schmidt absent)
On a motion by Council Member Reid, seconded by Council Member Wright,
the following motion to appoint Dr. David Miles to the Standing Residential Traffic
Committee was proposed:
RESOLUTION 2008-20
Making an appointment to the Standing Residential Traffic Committee
The motion was approved by the following vote:
Aye: Hammier, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 4-0-3 (Horne, Martinez and Schmidt absent)
I. NEW BUSINESS
1. On a motion by Council Member Wright, seconded by Council Member
Hammier, the following motion was proposed:
MOTION
Setting a Planning Commission Public Hearing on Chevy Chase Bank for March
6, 2008 and a Town Council Public Hearing for March 11, 2008
The motion was approved by the following vote:
Aye: Hammier, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 4-0-3 (Horne, Martinez and Schmidt absent)
2. On a motion by Council Member Hammier, seconded by Council
Member Reid, the following resolution was proposed:
RESOLUTION 2008-21
Authorizing Town Staff to Advertise a Public Hearing to Amend Section 10-
171(c)(3) of the Town Code.
The motion was approved by the following vote:
Aye: Hammier, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 4-0-3 (Horne, Martinez and Schmidt absent)
3. On a motion by Council Member Reid, seconded by Council Member
Wright, the following resolution was proposed:
RESOLUTION 2008-22
Supporting House Bill No. 451 Amending Virginia Code to Include One Town
Representative on the Northern Virginia Transportation Authority.
The motion was approved by the following vote:
Aye: Hammier, Reid, Wright and Mayor Umstattd
Nay: None
Town Council Meetinq of January 23. 2008
Page 5
Vote: 4-0-3 (Horne, Martinez and Schmidt absent)
4. On a motion by Council Member Reid, seconded by Council Member
Wright, the following resolution was proposed:
RESOLUTION 2008-23
Supporting the Repeal of Abusive Driver Fees and Replacing the Lost Revenue
with a Fairly Distributed and Stable Revenue Source
The motion was approved by the following vote:
Aye: Hammier, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 4-0-3 (Horne, Martinez and Schmidt absent)
5. A motion to suspend the rules by Council Member Reid, seconded by
Council Member Wright, was approved by the following vote:
Aye: Hammier, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 4-0-3 (Horne, Martinez and Schmidt absent)
On a motion by Council Member Wright, seconded by Mayor Umstattd,
the following motion was proposed:
MOTION
Endorsing a letter to Loudoun County Board of Supervisors Chairman Scott
York asking for a Fair Share of NVTA (40%) Funds for Safety Related
Transportation Projects.
The motion was approved by the following vote:
Aye: Hammier, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 4-0-3 (Horne, Martinez and Schmidt absent)
6. A motion to suspend the rules by Council Member Reid, seconded by
Council Member Wright, was approved by the following vote:
Aye: Hammier, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 4-0-3 (Horne, Martinez and Schmidt absent)
On a motion by Council Member Reid, seconded by Council Member
Wright, the following motion was proposed:
MOTION
Endorsing a letter to the State Delegation supporting legislation that would
save Leesburg residents Greenway Tolls.
Council Member Wright clarified his understanding of the legislation
was that in exchange for capping Greenway Tolls, local jurisdictions (i.e.
Loudoun County and the Town of Leesburg) would agree to not increase the
assessment on the Toll Road property at the same rate as surrounding
parcels. He noted that while this would result in no net increase or decrease
Town Council Meeting of January 23. 2008
Page 6
in tax revenues for the Town, it would save Leesburg residents money on the
tolls.
Mayor Umstattd stated since a small portion of the Greenway is within
the Town Limits, it does not have a significant financial impact on the Town,
i.e. policing, snow removal, etc., and she is happy to support this.
Council Member Hammier noted Greenway tolls have a significant
impact on the disposable income of Leesburg residents.
The motion was approved by the following vote:
Aye: Hammier, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 4-0-3 (Horne, Martinez and Schmidt absent)
J. OLD BUSINESS
1. Truck Weight Limits.
Council Member Reid noted there have been four complaints about
commercial vehicles in residential areas. Council agreed to ask zoning staff to
reexamine the existing ordinance regarding trucks parked on residential
streets.
K. BOARDS AND COMMISSIONS
1. Airport Commission
No report.
2. Thomas Balch Library Commission
Council Member Hammier noted there was a wonderful presentation on
Sunday. She stated the Friends of the Balch have elected their Board.
3. Board of Architectural Review
Council Member Reid reported the BAR has developed a memo
outlining items they wanted to go over during the joint meeting on January
31.
4. Cable Television Advisory Commission
No report.
5. Commission on Public Art
No report.
6. Economic Development Commission
No report.
7. Environmental Advisory Commission
Council Member Reid reported the EAC is raising concerns about the
impact of the Waterford development on impervious surfaces and the creek.
He noted the Watershed Committee will meet in February and they are
concerned about the fact that the State has not issued their regulations and
the Town has not changed the DCSM in terms of the dry pond.
Town Council Meeting of January 23. 2008
Page 7
8. Information Technology Commission
Council Member Hammier stated the IT Commission is having a special
training session for all citizens on January 29 at 6:30 at Ida Lee regarding 1M
safety and how to use Text Messaging.
9. Parks and Recreation Commission
Council Member Wright reported the Tennis Center is operating at 85%
capacity. He discussed the Memorial Tree Grove and asked that staff consider
using donations for this.
10. Planning Commission
Council Member Wright reported the last meeting was cancelled due to
inclement weather.
11. Tree Commission
Council Member Reid reported the Virginia Tech Community Design
Assistance Office is going to work with the Landscape Architecture School to
have a design competition. He stated there would be a judging by a panel of
the Parks and Tree Commission members. He noted this would generate a lot
of publicity and possible donations from VA Tech alumni.
Kaj Dentler provided an update on the Memorial Grove. He noted
since Leesburg does not have a real connection to Virginia Tech, it was felt
the biggest impact would be to have the memorial completed, dedicated and
open on the anniversary of the tragedy. He stated they waited for Tech for a
while, but it was delayed. He stated the Town has the funds and will make
donation requests, if needed. He stated Bill Ference has completed the
design, which was endorsed by the Parks Commission. He stated Council
could decide whether to do this or wait for the Tech Design Assistance Office.
Council Member Hammier asked for an email summarizing this.
Mr. Dentler stated staff will bring a design and schedule for the
Memorial Grove to the first meeting in February.
12. Standing Residential Traffic Committee
Council Member Reid reported they had some modeling on the West
Market Street interchange. He stated it showed a lot of the interchanges on
the bypass are not going to be working very well in a couple of years. He
noted that 48 tickets were written on Meade Drive for people running stop
signs.
L. COUNCIL COMMENTS
Council Member Wright stated he wanted to follow-up with the Board
of Supervisors regarding a joint meeting. He asked for an informational
meeting at Cool Spring in regards to the plans for the Cangiano property. He
asked for a Parking Summit on a future agenda as a follow-up to the business
improvement plan. He asked for an update on the development process
implementation. He asked for an update on the business retention manager.
He stated the community should take solace in how quickly the Town
police and the County Sheriff's office resolved the recent murder.
Town Council Meeting of Januarv 23. 2008
Paoe 8
He informed Council regarding the Relay for Life team, The
Government Steps. He stated Marty Martinez would be the captain and he
will be the co-captain on May 31. He invited all Council members, Town staff,
Board and Commission members and their families to join he and Marty on
the team. He stated they would be inviting other government officials from
western Loudoun to join them.
Council Member Hammier offered her sincere condolences to the
family of Mr. Sanchez-Machado. She noted he left two children and a wife in
his homeland. She stated this has unified Leesburg and given us an
opportunity to be proud of our police department.
She welcomed the newest member of the Leesburg Police Force, Bak.
Bak has completed his canine training.
She congratulated Pat Herr, who was awarded the Teacher of the Year
award stating she is a teacher at Smart's Mill. She also congratulated the
entire school and Principal Eric Stewart. She congratulated the Town staff on
the opening of the Symington Indoor Tennis Facility noting this is an
incredible amenity adding to the quality of life for Leesburg residents.
Council Member Reid disclosed a meeting with HH Hunt, a company
that would like to build an assisted living facility in Leesburg. He announced
that Congressman Wolf may not be able to attend the groundbreaking at
Battlefield Parkway. He noted how well attended the Martin Luther King Day
Parade was and how great it was to see so many elected officials from the
Board of Supervisors and the Town Council as well as Congressman Wolf.
He noted he is looking forward to the BAR retreat next week and had
some ideas to share.
He stated he was very sorry to hear about the homicide in Leesburg.
He noted the victim was a legal immigrant and the suspect is an illegal alien
and how this incident reminds us that some illegal aliens do not care about
our community. He stated the #2 complaint to the Zoning office is excessive
occupancy. He stated he was going to a meeting of the Virginia Coalition on
Illegal Immigration and he invited others to join him noting if Council does
not address the problem, it will get worse.
N. MAYOR'S COMMENTS
Mayor Umstattd thanked the Keynote Speaker at the Martin Luther
King Day ceremony, Phyllis Randall, who did a superb job. She stated this
was one of the most powerful speeches she has heard. She thanked Peter
Dunning and Bluemont Concert Series and the Douglass School Alumni
Association for putting the program together. She disclosed a meeting with
Robert Flinn of Chevy Chase Bank this week and with HH Hunt about their
plans for a nursing home. She noted she met with members of Loudoun
Country Day School on different ideas they have for their site.
She thanked citizens who live in the vicinity of Woodberry Drive and
North Street for being aware of what is going on in their neighborhood. She
stated they reported the gunshot very quickly. She extended Council's deep
appreciation to Sheriff Simpson for cooperating so closely with the Town
Town Council Meeting of January 23. 2008
Page 9
Police. She thanked Chief Price for bringing in the Office of Criminal
Investigation of the Sheriff's Department.
O. MANAGER'S COMMENTS
Mr. Wells extended his thanks and special best wishes to the
Symington family for their donations. He noted virtually every department in
the Town except the Airport and Balch Library were involved in the
development of the Indoor Tennis Facility. He complimented the Sheriff's
Department and the Town Police Department for solving the murder. He
stated he has been in touch with the County Administrator regarding setting
up a joint meeting date. Mr. Bowers was going to check on availability of the
Board of Supervisors.
Mr. Wells delivered a short update on Development Process
improvements. He stated he is working on a specific format for tracking
actual progress on the ten items as well as some qualitative and quantitative
measures on the actual applications in the pipeline. He stated his priority
items are restructuring the report and putting the project manager system in
place. He informed Council that Scott Parker would be serving as the Public
Information Officer.
Mr. Wells stated they have been unsuccessful in hiring a candidate for
the Business Retention Manager from the previous recruitment. He stated
they would be re-examining the duties and responsibilities and will be
readvertising this position.
Mr. Wells noted the ground breaking at Battlefield Parkway and Lawson
Road. He stated VDOT is very committed to keeping that project on time and
under budget. He stated that staff would be working very closely with VDOT
and will keep Council updated on the progress of this important connector.
Council Member Reid asked for an update on the Fire Hall mediation at
the next meeting.
P. ADJOURNMENT
On a motion by Council Member Hammier, seconded by Council
Member Wright, the meeting was adjourned at 8: 56 p.m.
~c)~~
. - .C. Urn tattd, Mayor (
Town of Leesburg
2008_TCMIN0123