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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