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HomeMy Public PortalAbout2008_02_12 COUNCIL MEETING February 12, 2008 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: Kathryn Sheldon Hammier, Susan Horne, Marty Martinez, Ken Reid, David Schmidt, Kevin Wright, and Mayor Kristen Umstattd. Council Members Absent: None. 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, Director of Finance Norm Butts, Director of Utilities Randy Shoemaker, Director of Capital Projects Management Nagi Elsewaissi, Chief of Police Joe Price, Planner Chris Murphy and Clerk of Council Lee Ann Green. AGENDA ITEMS A. Invocation by Council Member Wright B. Salute to the Flag was led by Council Member Reid C. Roll Call showing Council Member Schmidt arriving at 8: 20 p.m. D. Minutes a. Regular Session Minutes of October 10, 2007 On a motion by Vice Mayor Horne, seconded by Council Member Wright, the minutes were passed with corrections 6-0-1 (Schmidt absent) b. Regular Session Minutes of November 27, 2007 On a motion by Vice Mayor Horne, seconded by Council Member Wright, the minutes were passed 5-0-1-1 (Schmidt absent, Martinez abstaining) c. Regular Session Minutes of January 23, 2008 On a motion by Council Member Wright, seconded by Council Member Martinez, the minutes were passed 6-0-1 (Schmidt absent) E. Presentations 1. Proclamation - Honoring Virginia National Guard A Company 116th (EN) Brigade and Leesburg's 3rd Platoon C/3-116th INBN On a motion by Council Member Hammier, seconded by Council Member Martinez, the following proclamation was presented: PROCLAMA TION Honoring Virginia National Guard A Company 116th (EN) Brigade and Leesburg's 3rd Platoon C/3-116th IN BN Town Council Meetinq of February 12. 2008 Page 2 WHEREAS, the Virginia National Guard soldiers of A Company 116th (EN) Brigade Special Troops Battalion deployed to Camp Cedar, Iraq in March of 2007; and WHEREAS, among these troops were thirty soldiers from Leesburg's 3rd Platoon Cj3-116th IN BN; and WHEREAS, for twelve months, they conducted post security operations, ensuring the safety of all the personnel assigned to Camp Cedar; and WHEREAS, they left behind mothers and fathers, wives and children, brothers and sisters, families and friends; and WHEREAS, they went bravely into war, not knowing whether they would ever return; and WHEREAS, their sacrifice and the sacrifice of their families meant that the rest of us did not have to sacrifice; and WHEREAS, they have served, and continue to serve, our nation with courage and honor. THEREFORE, BE IT PROCLAIMED, that the Mayor and Council of the Town of Leesburg in Virginia extend to the members of Leesburg's 3rd Platoon Cj3-116th IN BN and the soldiers of A Company 116th (EN) BSTB our strongest admiration and our deepest gratitude for their brave and noble service to the United States of America. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Schmidt absent) 2. LaMott Smith - Loudoun Little League Girls Softball Mr. Smith presented information regarding Loudoun Little League Girls Softball. Mr. Smith stated that there are two entities offering softball for girls in central Loudoun County. He noted that as the smaller of the two organizations, his organization would receive very little field time on Town fields. He asked Council to be fair in the field allocations. 3. Utility Rate Advisory Committee Report Gaelyn Robinson gave the majority report. Ms. Robinson reviewed the committee's methodology and recommendation of a fixed rate increase and rollback of the out-of-town surcharge to FY-2005 levels. Ms. Robinson added there were still a lot of issues that the Committee will be looking at in the future. Council Member Hammier thanked the Committee for their work and commitment. Council Member Martinez stated he appreciated the effort and hoped to be able to move forward. Town Council Meeting of February 12. 2008 Page 3 Council Member Wright thanked the Committee for their hard work. Council Member Reid pointed out that the number of meetings showed how hard the committee worked. Mayor Umstattd stated while she disagreed with the Committee's findings and could not support their recommendation, she respected their work. John Drury presented the minority report. Mr. Drury discussed his findings and recommendation for continued use of the out of town user surcharge. He cited precedent in other cases throughout Virginia. Mayor Umstattd stated she appreciated Mr. Drury's work. Council Member Schmidt stated that he was very impressed with the level of information that had been provided by both sides of the Committee. He questioned Randy Shoemaker whether the water rates were affected by the future need for plant expansions. Mr. Shoemaker stated the rate model does incorporate all the CIP projects including planning for state mandated upgrades. Vice Mayor Horne complimented Mr. Drury on his presentation. She added she was impressed by the level of detail. She noted that rates had not increased much since 1992. Council Member Martinez stated revenue from the Utility Fund stays in the Utility Fund. He noted the decision to keep rates low in the past has been a political one. He agreed the County needs to be part of the equation and stated he did not mind paying for quality water treatment facilities. Council Member Hammier stated Mr. Drury's presentation showed all the time and effort he put into it and a great deal of courage. She asked if proper cost reconciliations are occurring between the Utility and General Funds in relation to Ida Lee Park. Council Member Wright thanked Mr. Drury for his report. He commended the courage to stand up as a single person and state your point of view. He questioned whether there is a breakdown of the ratio of in-town customers versus out-of-town customers for other jurisdictions with separate rates. Mr. Drury stated while that particular information isn't specifically found in the report, by looking at the size of the jurisdictions, you can find some comparison. Council Member Wright questioned what the surcharge is based on. He noted that one of the things is a "fair and reasonable profit", which is agreed. He questioned whether the in-town rates represented the breakeven point and the out-of-town rates represented "profit". Town Council Meeting of February 12. 2008 Page 4 Mr. Drury stated he was not sure of that. He noted the utility fund showed a surplus for a number of years and the rate study was performed when the fund began to show a decrease. Council Member Wright observed the surplus in the utility fund was correlated to rapid growth masking losses of the operational fund. He requested that out-of-town users no longer be referred to as the "wealthy out-of-towners". He noted that the differential between assessments in and out of town are not as great as one is lead to believe because of the stereotype. Council Member Reid agreed with Council Member Wright's comments. He confessed to be guilty of bringing up the economic differential in the past. He stated he appreciated Mr. Drury's passion, although the presentation was a little long. He recommended Mr. Drury submit his expenses for copying to the Town for reimbursement. He stated the idea of having the County share in the cost of supplying water to out-of-town users needs to be examined. F. Petitioners The petitioners section was opened at 8:05 p.m. Steve Wolfson. 614 Beauregard Drive, read the following letter into the record: "My name is Steve Wolfson and I am the Associate Executive Director of the Arc of Loudoun County, commonly known as LARC. On behalf of Eleanor Void ish, Executive Director, and Jennifer Lassiter, Director of the Aurora School, who could not be here tonight due to the weather, I would like to thank the entire board for their continued support, both past and present. As a non-profit serving Loudoun County for the past 40 years, it is wonderful to know that our elected officials have such deep-seated respect for the organizations that advocate for the people who cannot advocate for themselves. As you know, last week LARC concluded our negotiations with the trustees of the Margaret Paxton Memorial for Convalescent Children. We have signed a 10-year lease with multiple options to inhabit the 17-acre campus for the expansion of current LARC programs, to create new programs and most importantly, to move the Aurora School there to better serve children with intellectual and developmental disabilities. Currently, the Purcellville location is at-capacity and unable to accommodate our growing needs. With the Paxton campus, we are extremely excited for our future and the future of children with special needs in our country. Much work needs to be done to the building and grounds at Paxton before we can move in. The trustees have agreed to undertake this renovation, but only after the Special Exception is granted from the Town of Leesburg allowing us to operate the school. It is my understanding that precedent has been set that would allow this board to show its support, as individual council members, by stating on the record that you each plan to support the use of the Paxton property for LARC's Aurora School. With this show of unanimous support, we feel that we can bring that back to the trustees and appeal to them to start the necessary renovations sooner, rather than later. This would move up our timetable significantly and enable us to move sooner and service a larger population of this special community. Again, I'd like to thank you for your support and we Town Council Meeting of February 12. 2008 Paqe 5 look forward to working with the town through the exception process and into our future years at Paxton." Mary Pellicano. 312 Oakcrest Manor Drive, spoke on behalf of the proposed use of Paxton for a school for mentally handicapped students. Ms. Pellicano stated this use would show commitment to the legacy of Rachel Paxton. Judy Kozacik. 7/3 Wirt Street, stated that she liked the idea of a park on Loudoun Street to enhance the entrance to the Town garage. She stated she felt it would increase property values. John Higgins. 41 S. King Street, expressed support for using the Loudoun Street property as a park. He stated that greenspaces are a strength. Stanley Caulkins, 102 Morven Park Road, asked Council to protect greenspace on Loudoun Street and not to risk infill development. Steve Kambly. 241-G Loudoun Street, updated the Council on the Firehouse mediation. He stated the first meeting between the appellants would occur on Friday. Margie Jensen, 9 Union Street, stated as a realtor, the park would be a great selling point of the Town. Tom Dunn, 112 Stone Court, thanked Council and staff for quickly putting up signs to welcome our National Guardsmen home. He reminded everyone to vote and asked Town staff to leave voting signs up until after the election. The petitioners section closed at 8:22 p.m. G. Public Hearings 1. Special Exception TLSE 2007-0013 Washington Post Distribution Facility The public hearing was opened at 10:24 p.m. Chris Murphy gave a brief presentation of the application along with staff's recommendation for approval. Marc Thomas, Patton Harris Rust, representative for the applicant stated he had nothing to add. Council Member Reid questioned whether the County requires a Special Exception for a distribution use in a warehouse district. Mr. Murphy stated it depended on the district. He noted in PD-IP and the more intense use districts, it is allowed by-right but with specific use standards. He noted there is a commercial zoning district where it is only allowed by special exception. Town Council Meeting of February 12. 2008 Page 6 Council Member Reid stated he has long felt that even though we do not have as large a warehouse district as the County, that we need to adopt something similar that would allow more by-right uses. He stated we need to have a work session item at a future meeting about what needs a special exception and what does not. Council Member Reid questioned the applicant as to whether they knew they would require a special exception. Mr. Thomas stated the Post chose the location and were not surprised by the need for a special exception. He stated they had worked with the Zoning Administrator on a formal determination. He noted the Post did not mind going through the process. Council Member Reid questioned whether the Special Exception process had slowed the applicant down in his plans to develop the property and whether they had looked at any property in the county where it would be by-right. Mr. Thomas stated he was unaware of any delay in the applicant's plans caused by the Town's development process. He stated the timeline has been fairly quick and they have not been slowed down. He stated they wanted to be in the Town limits. The public hearing was closed at 10:30 p.m. On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the following resolution was proposed: RESOLUTION Approving Special Exception TLSE 2007-0013 Washington Post Distribution Facility to permit a Newspaper Distribution Use within the Existing Building at 741 Miller Drive, S.E. on Parcel F-1 in the Airport Office Park The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 2. Amending Article I, Chapter 11 of the Code of the Town of Leesburg by adding a New Section 11-17 (d) Night Construction Activities The public hearing was opened at 10:30 p.m. Nagi Elsewaissi gave a presentation to Council regarding the need for this amendment. He noted staff would endeavor to find other times so that construction could occur safely and without adverse impact. He stated any affected neighbors would be notified prior to the commencement of night construction activities. Town Council Meeting of February 12. 2008 Page 7 The public hearing was closed at 10:35 p.m. On a motion by Council Member Martinez, seconded by Council Member Reid, the following Ordinance was proposed: ORDINANCE 2008-0-2 Amending Article I, Chapter II of the Code of the Town of Leesburg by adding a New Section 11-17 (d) Night Construction Activities The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 3. Amending Section 10-171 (c)(3) of the Town Code to remove two parking spaces at 19-21 N. King Street for egress of a private driveway The public hearing was opened at 10:35 p.m. Tom Mason gave a presentation on the need to remove these parking spaces. He noted he could not approve the curb cut without removal of a minimum of four additional spaces. Council Member Reid and Council Member Hammier questioned why the ad wasn't posted without a specific number of spaces to allow for more flexibility. Mr. Mason stated at the time the ad was run, it was hoped the desired result of being able to use the area as a driveway would be possible with removal of only two parking spaces directly in front of the driveway. After further consideration of Virginia Department of Transportation sight distance guidelines, it became clear that removing only two spaces would not provide sufficient sight distance from the end of the driveway to allow for safe egress. Council Member Wright stated it was his recollection that Council directed staff to post the ad for removing no more than two spaces because of current downtown parking shortages. Dave Culbert, representative for the business needing removal of the parking spaces, stated his client would prefer to have the removal of the two parking spaces approved at this time. In the meanwhile, Town staff can investigate creative ways to allow this project to move forward with a minimum loss of street parking spaces. Mr. Mason stated a draft resolution directing staff to advertise for removal of additional parking spaces is in Council folders. Mr. Wells noted that all engineering avenues have been exhausted. Staff is now looking at legal options. In the meanwhile, advertising for another public hearing will keep the process moving. Town Council Meeting of February 12. 2008 Page 8 Scott Gustavson, N. King Street, stated he was all for helping other businesses, but expressed concern for the safety of pedestrians using the sidewalk with cars existing across the sidewalk. The public hearing was closed at 11:05 p.m. On a motion by Council Member Martinez, seconded by Council Member Hammier, the following Ordinance was proposed: ORDINANCE 2008-0-5 Amending Section 10-171 (c)(3) of the Town Code to remove two parking spaces at 19-21 N. King Street for egress of a private driveway Council Member Wright offered a friendly amendment to stipulate the meters would not be removed until construction on the driveway apron begins. This amendment was accepted. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the following resolution was proposed: RESOLUTION 2008-25 Authorizing Town Staff to Advertise a Public Hearing to Amend Section 10-171(c)(3) of the Town Code Council Member Wright clarified that an additional four meters is the maximum number of meters that may ultimately have to be removed. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 4. Amendments to Division 2 of the Subdivision and Land Development Regulations The public hearing was opened at 11: 10 p.m. Susan Swift presented a summary of the change to add a section allowing Minor Subdivisions to the Subdivision and Land Development Regulations. Ms. Swift stated the Planning Commission had recommended approval. The publiC hearing was closed at 11: 10 p.m. On a motion by Council Member Reid, seconded by Council Member Martinez, the following Ordinance was proposed: Town Council Meeting of February 12. 2008 Page 9 ORDINANCE 2008-0-6 Amending Division 2 of the Subdivision and Land Development Regulations regarding Minor Subdivisions Council Member Wright offered a friendly amendment to remove the one year prohibition on returning with a new minor subdivision. The amendment was accepted. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 5. Amending Sections 17-1.2 through 17-1.9 and Section 17-2.1 of the Town Code relating to a Tax Exemption for Certain Elderly and Disabled Persons and Changing Dates for Payment of Certain Real Estate and Personal Property Taxes The public hearing was opened at 11:14 p.m. Norm Butts gave a presentation outlining the reason for the changes. He stated the first change will amend the Town Code to take into consideration changes that Loudoun County has made in the Elderly and Disabled Tax Exemption so that the County can continue to administer that program for the Town. He stated the second change is a change in the date of collection of real and personal property taxes from public service corporations to align with the State Corporation Commission's assessment date. He noted all public service corporations affected had been contacted and there is no objection to the change. He stated the third change relates to the supplemental billing of the personal property tax. By changing the date to March, it would give taxpayers an additional 30 days to pay the tax. Council Member Schmidt stated it would be important to let those affected know about the possible tax savings available to them. Vice Mayor Horne commended staff on the streamlining process noting that it reduces the need for hiring additional staff. Council Member Hammier commended staff for contacting all the public service corporations to poll them on their comments to the change. The public hearing was closed at 11 :20 p.m. On a motion by Council Member Martinez, seconded by Council Member Reid, the following ordinance change was proposed: . ORDINANCE 2008-0-3 Amending Sections 17-1.2 through 17-1.9 and Section 17-2.1 of the Town Code relating to a Tax Exemption for certain elderly and disabled persons and changing dates for payment of certain real estate and personal property taxes The motion was approved by the following vote: Town Council Meeting of February 12. 2008 Page 10 Aye: Hammier, Horne, Martinez, Schmidt, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 6. 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 11:20 p.m. Jeanette Irby reported that an updated map was included in the folder. Council Member Hammier questioned whether a shuttle bus could be used to make sure voters get to the correct polling place. Ms. Irby stated she would include the question in the package to the Justice Department. Council Member Wright asked that the Town be proactive in creating an action plan for parking, signage, etc. to avoid any concerns at Ida Lee. Mr. Wells stated that the Town is already working on a plan to handle those concerns for the May elections. Ms. Irby stated it is the Town's intent to advertise the polling place move with a more eye catching ad. The public hearing was closed at 11:22 p.m. On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the following ordinance was proposed: ORDINANCE 2008-0-4 Amending and Reordaining Section 6-2 (Voting Places) of Chapter 6 (Elections) of the Code of the Town of Leesburg, 1976, as amended. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 H. LEGISLATION ORDINANCES None CONSENT AGENDA On a request by Mayor Umstattd, #1 - Making Amendments to Councilmanic Appointments was moved from the Consent Agenda. On a motion by Council Member Martinez, seconded by Council Member Wright, the following consent items were proposed: Town Council Meetinq of February 12. 2008 Page 11 RESOLUTION 2008-27 Cancelling the Contract for Public Improvements and Releasing the Performance Guarantee for the Rt. 7/River Creek Parkway Interchange Interim Grading and Utility Plan RESOLUTION 2008-28 Implementing GASB 45 Accounting Practices The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 REGULAR AGENDA 1. On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the following motion was proposed: RESOLUTION 2008-26 Making Amendments to Councilmanic Appointments Council Member Reid pointed out the need for an alternate to the Northern Virginia Regional Commission and volunteered to be the alternate. There was discussion as to whether voting alternates are allowed on the NVRC. Council Member Schmidt suggested voting for an alternate to serve unless it is discovered voting alternates are not allowed. Council Member Hammier volunteered to be an alternate to the alternate. Council Member Schmidt noted his understanding is that Councilmanic representatives are a resource for the Boards and Commissions. He stated he did not feel this is a mandate to attend every meeting, but to be a resource for the Board or Commission by phone, email, personal meeting, or however is ideal for both the Councilmanic and the Board or Commission. Mayor Umstattd stated her concern is the attacks on Council Members for poor attendance. She noted as long as we designate liaisons, there will continue to be a public expectation of great attendance despite the fact the Council Member is in frequent contact with their appointee to the Board or Commission. She encouraged starting a process to eliminate the requirement. Council Member Wright recommended this for discussion on the next work session agenda. Council Member Hammier requested that staff make the Boards and Commissions aware of the discussion and invite them to address Council on how they feel about this issue. Town Council Meeting of Februarv 12. 2008 Page 12 Vice Mayor Horne asked Council to consider receiving the minutes for all Boards and Commissions. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 2. On a motion by Council Member Hammier, seconded by Council Member Martinez, the following motion to appoint Marc LeMaitre was proposed: RESOLUTION 2008-29 Making an appointment to the Cable Advisory Commission Council Member Hammier noted her nominee is not a US citizen, but is a resident of the Town. She stated Ms. Irby had confirmed that US citizen is not a requirement for this Commission. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 3. On a motion by Council Member Wright, seconded by Council Member Martinez, the following motion to add Chance Harrison (realtor) and Brian Ours (business owner) to the Crescent District Form Based Code Steering Committee was proposed: RESOLUTION 2008-30 Making appointments to the Crescent District Form Based Code Steering Committee The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 I. NEW BUSINESS 1. On a motion by Council Member Schmidt, seconded by Council Member Martinez, the following resolution was proposed: RESOLUTION 2008-31 Expressing Support for the Metrorail Extension to Dulles Airport and Loudoun County. Council Member Schmidt asked to add an extension to Dulles Airport. Council Member Martinez accepted this amendment. Town Council Meeting of Februarv 12. 2008 Page 13 The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt, Wright, and Mayor Umstattd Nay: Reid Vote: 6-0-1 2. On a motion by Vice Mayor Horne, seconded by Council Member Wright, the following resolution was proposed: RESOLUTION 2008-32 Urging the Virginia State Senate to continue Senate Bill 768 to the 2009 Session. Council Member Wright noted the Senate has passed the bill, so the resolution would be for the House of Delegates. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 3. On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the following motion was proposed: MOTION Appointing Jeanette Irby as Town Attorney pursuant to the terms of the attached contract The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 4. On a motion by Vice Mayor Horne, seconded by Council Member Hammier, the following letter of support was proposed MOTION Sending a Letter of Support for a George Mason University Campus in Leesburg Council Member Hammier volunteered to be Council's representative in the ongoing discussions. Mayor Umstattd requested it be sent to Peter Stearns and the appropriate commissions. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 Town Council Meeting of February 12. 2008 Page 14 5. On a motion by Council Member Martinez, seconded by Council Member Wright, the following resolution was proposed: RESOLUTION 2008-33 Support for LARC and their Endeavor to Relocate the Aurora School for Disabled Children Council Member Reid apologized to LARC for having to go through the Special Exception process. He noted this is not a change in use. He questioned who initiated the request for this resolution. Mayor Umstattd stated it had not been requested, but she and Council Member Hammier felt it may influence the Paxton Board of Trustees to begin physical improvements to the building prior to the approval of the special exception, thereby allowing the Aurora School to use the property sooner. Council Member Reid questioned whether there is any legal risk involved in taking this action. Jeanette Irby stated this resolution makes staff aware of Council's desire to move the special exception along and to do whatever they can do within their authority to make this a smooth process. She stated it is part of the process improvements. Council Member Reid stated he did not see a need for Reverend Eddy's church to undergo Town review. He stated these things make it difficult for nonprofits and small businesses. Council Member Hammier offered a friendly amendment in the fourth Whereas: "Paxton was previously used as a home for orphaned children and a daycare facility because it was the intent of Mrs. Paxton's will that the entire property continue to be used for the benefit of children". The amendment was accepted. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt, Reid, Wright, and Mayor U mstattd Nay: None Vote: 7-0 6. On a motion by Council Member Reid, seconded by Council Member Hammier to suspend the rules, Council Member Martinez, seconded by Council Member Reid, proposed the following motion: MOTION Expression of Sympathy to the Town of Kirkwood, Missouri The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 Town Council Meeting of February 12. 2008 Page 15 J. BOARDS AND COMMISSIONS 1. Airport Commission No report. 2. Thomas Balch Library Commission No report. 3. Board of Architectural Review No report. 4. Cable Television Advisory Commission No report. 5. Commission on Public Art No report. 6. Economic Development Commission No report. 7. Environmental Advisory Commission No report 8. Information Technology Commission No report. 9. Parks and Recreation Commission No report. 10. Planning Commission No report. 11. Tree Commission No report. 12. Standing Residential Traffic Committee Council Member Reid directed Council to a letter regarding proposed traffic solutions for South Street. K. COUNCIL COMMENTS Council Member Reid disclosed that he had a meeting with Colleen Snow and Molly Novotny of Cooley Godward regarding the Waterford Appeal, which was taken off the agenda. He noted he went to the Re-Entry program at Loudoun After Care. He stated anyone wanting to volunteer to help prisoners re-enter society can contact loudoun_aftercare@hotmail.com. He stated he and the Mayor attended the grand opening of California Tortilla. He noted the Exit 45A sign is on the beltway. He stated George Fitch, the Mayor of Warrenton, will be speaking tomorrow night on whether Loudoun County should set up a waste to energy plant. Council Member Wright stated several months ago he discovered by accident that the Northwest Passage traffic study had been commissioned by the Standing Residential Traffic Committee to study the feasibility and impact Town Council Meeting of February 12. 2008 Page 16 of building a northwest passage. He stated about the same time, he was researching the possibility of an additional "talk back" sign for limiting speeds. He stated when he found out about the study, he wanted to know who authorized it, where the money came from and why would money be spent on a road that in all previous conversations had been made clear could not be built. He stated he found out that the motion authorizing the study was made by Council Member Reid and seconded by Planning Commissioner Dave Butler at the SRTC meeting. He stated the money came from the SRTCs budget for traffic calming. He stated in looking at the study, there were three alignments studied. Two of the alignments run through Ida Lee Park and all of them through Commonwealth of Virginia land at the Equine Medical Center. He noted that a road cannot be run through Ida Lee Park and neither can a road be run through a conservation easement. He also noted a Town cannot condemn property owned by a higher jurisdiction, i.e., the State or the County. The study also explored extending Union Street through a residence and across County land where there are ballfields to Old Waterford Road. He stated he had been under the impression that Council had discussed this issue and dismissed it on the basis that a road could never be built. He stated on review of the meeting minutes for December 11, 2006, reflect that the road cannot be built due to conservation easements. He stated the Mayor had expressed concern that this is a sensitive project and expenditure of funds for a study would be viewed as a threat nor would she support action that would run roads through Ida Lee Park or conservation easements. He noted Council Member Reid did not share Council's concerns with the SRTC prior to making the motion to approve the study on January 7, 2007. Council Member Wright stated he could find no indication the SRTC was commissioned to do feasibility studies for new roads and should never had the authority to authorize the expenditure of $24,000. He proposed any future budget allocations to the SRTC be limited to specifically requested projects and not be given a blanket amount of money to spend. He stated the conclusions of the report are clear: 1) The road cannot be built; 2) Building the road will not significantly change the level of service for other Town roads. He noted the $24,000 used for the study would have purchased 1.5 "talk back" signs for traffic slowing. Council Member Wright disclosed meetings with representatives of Waterford Development and representatives of Chevy Chase Bank Council Member Hammier disclosed meetings with representatives of Waterford and Battlefield Park and with John Niccolls. She stated she had received a call from Sally Gillette, the legal representative for the Fire Company. She stated she appreciated the ULI- TAPS discussion. She congratulated the award winners at the Chamber of Commerce Luncheon. She stated she appreciated the BAR spending an evening with Council for their joint meeting. She noted LARC's signing of Aurora School for the Paxton site is a huge achievement for the community. She thanked staff and members of the community for their work on the Utility Rate Advisory Committee. She noted how important the completion of Battlefield Parkway is for the community. She expressed her personal thanks to the returning Virginia National Guard troops. Council Member Martinez disclosed a telephone call with Bob Flinn, Chevy Chase Bank. He asked for a potential timed light to be put on the next Town Council Meeting of February 12. 2008 Page 17 work session agenda. He thanked the Utility Rate Advisory Committee for their work and recommendation. He welcomed the troops home. Vice Mayor Horne reported attending the Airport Commission's off-site meeting. She noted it was very productive with discussion of five and twenty year planning horizons. She stated she attended Chamber Day at the Capitol, which was the reason for her absence at the last Council meeting. She stated she had an opportunity to meet with Delegate May, who updated her on his legislation moving through the General Assembly on Pilot Projects for Transmission line projects in Virginia. She expressed appreciation to Council Member Reid, Council Member Wright and staff for the work done during Virginia Municipal League day. She noted they were the only jurisdiction with their own press entourage. She stated April 12 will be the kick off for Keep Leesburg Beautiful, which is the weekend before the Flower and Garden Festival. She stated the Memorial Grove dedication would be later that morning. She disclosed a call from Robert Flinn with Chevy Chase Bank. She stated she met Proctor Harvey at the VML Conference, and he will do a presentation on the SAGE Program (Streetscape Appearance and Greenspace Enchancement) on March 10 at the work session. She stated this project enables jurisdictions to enhance their byways with landscaping without any cost. She noted the Airport Commission wished to have their letter passed on to the Board of Supervisors. Council Member Schmidt apologized for being late to the meeting. He noted the roads were very icy. He disclosed a phone conversation with Bob Flinn. He reported he has another business travel commitment and will miss the second set of meetings in February. Council Member Martinez announced that he would be celebrating his wedding anniversary in two days and thanked his wife for her stamina and possible sainthood. N. MAYOR'S COMMENTS Mayor Umstattd disclosed a meeting with Liz and Buddy Sadak on the Chevy Chase Bank proposal. She noted she did a ribbon cutting at Liberty Tax Service, behind Wendy's and adjacent to the Giant in Leesburg Plaza Shopping Center. She stated on February 2, the Virginia Department of Transportation unveiled a historical marker at Douglass School commemorating the hard work of the African American community in Leesburg to start up a school for their children. She noted many of the founding families had to mortgage their homes to fund the school as there was no initial funding from Loudoun County in the early 1940s. She noted a number of alumni were present. She stated she went to the Fredericksburg Armory to greet the troops on their return. She mentioned to the Command Staff that the Council wanted to do something to commemorate their efforts. She stated in 90 days, they would be having a Freedom Salute when they present medals and awards to the troops. She was told that might be an appropriate time to be involved. She stated she will pursue the best way to help. She disclosed a meeting with Richard Koochagian on February 8 on the fire hall project. She noted she and Council Member Hammier attended the ribbon cutting at Paxton. She disclosed a meeting with Lymon Eddy in reference to the feasibility of the Aurora School moving temporarily to the Elijah Gate property. She stated she met with Mike O'Connor, Peter Burnett Town Council Meetinq of February 12. 2008 Page 18 and Lisa Capraro on the Downtown Improvement Association plans and they mentioned their interest in a sidewalk widening program. o. MANAGER'S COMMENTS Mr. Wells stated the Tony Howard and Paul Bice have shown a lot of interest in working with the Town on improvements to the Development Process. He noted they asked him to speak to the Policy Committee. He stated they have offered to set up a lunch and learn opportunity on how to do business with the Town of Leesburg. He stated he appreciated the Chamber's outreach on helping to work on the development process improvements. He stated there is a memo in Council folders concerning maintenance issues at the Museum. He noted these are likely to be in the newspapers. Council Member Reid asked for a discussion and update on the post office. He asked that the Culpeper Coalition be put on the next agenda for discussion and consideration of whether the Town should join the group. He asked for an update on the murder investigation. He stated he wants to understand whether it is normal for the Sheriff's department to lead the investigation. He stated he would like to discuss limiting site plan reviews to two cycles. P. ADJOURNMENT On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the meeting was adjourned at 12:01 a.m. (<tK~, (; ~ ~mstattd, Mayor Town of Leesburg CiM..TT T:I1. '. (-<" I.~: \ ;' /) I I 2008_TCMIN0212