HomeMy Public PortalAbout2008_02_26
COUNCIL MEETING
February 26, 2008
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Kathryn Sheldon Hammier, Susan Horne, Marty
Martinez, Kevin Wright, and Mayor Kristen Umstattd.
Council Members Absent: Ken Reid, 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,
Assistant to the Town Manager Scott Parker, 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, Director of
Planning, Zoning and Development Susan Swift, Chief of Police Joe Price, Director of
Personnel Nancy Fixx, Senior Management Analyst Bob Berkey, Senior Management
Analyst Annie Carlson, and Clerk of Council Lee Ann Green.
AGENDA
ITEMS
A. Invocation by Council Member Wright
B. Salute to the Flag was led by Vice Mayor Horne
C. Roll Call showing Council Members Reid and Schmidt absent
D. Minutes
a. Regular Session Minutes of October 23, 2007
On a motion by Council Member Martinez, seconded by Council
Member Hammier, the minutes were passed 5-0-2 (Reid, Schmidt absent)
E. Presentations
1. Proclamation - Black History Month
On a motion by Council Member Hammier, seconded by Council
Member Martinez, the following proclamation was presented:
PROCLAMA TION
Black History Month
February 2008
WHEREAS, in February of 1926, sixty-one years after the ratification of
the 13th Amendment to the United States Constitution, Dr. Carter Woodson, a
noted historian desired to recognize the achievements and contributions of
African Americans in this country; and
WHEREAS, the month of February was appropriately chosen to
recognize the achievements of African Americans as it contained the birth
anniversaries of Abraham Lincoln and Frederick Douglass; and
Town Council Meeting of February 26. 2008
Page 2
WHEREAS, the traditional one-week observance was expanded in 1976
to include the entire month of February; and
WHEREAS, Black History Month allows us to honor the achievements of
and celebrate the heritage of African Americans while recalling the courage of
their struggle to achieve equality; and
WHEREAS, historically African Americans, such as Dr. Martin Luther
King, Jr., Harriet Tubman, Rosa Parks, Medgar Evers, Jessie Jackson, Dred
Scott, W.E.B. DuBrois, and Mary McLeod Bethune have worked to lay the very
foundation for the free and diverse society that we as Americans enjoy today.
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia
hereby proclaim the month of February of the Year 2008 as Black History
Month in the Town of Leesburg and urge the citizens of Leesburg to join in
recognizing the contributions made by the Loudoun Chapter of the NAACP and
other community organizations to preserve and remember the
accomplishments of African Americans throughout the history of our nation.
The proclamation was approved by the following vote:
Aye: Hammier, Horne, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Reid, Schmidt absent)
2. Journey through Hallowed Ground
Cate Magennis Wyatt gave a presentation on the work of the Journey
Through Hallowed Ground Partnership. Ms. Wyatt commended the Town for
being the first jurisdiction along the Journey corridor from Monticello to
Gettysburg to support the Partnership. She noted that every jurisdiction
along the corridor has now joined the Partnership. She gave a report on the
current status of legislation and funding that further the mission of the
Partnership. She reviewed the educational opportunities the Partnership has
developed for school age children including a summer camp.
3. Loudoun Medical Reserve Corps
Francis Rath gave a presentation on the Loudoun Medical Reserve
Corps. He noted the Loudoun Corps is one of the largest in the state. He
stated they only respond to medical emergencies such as pandemic flus,
anthrax reports, etc. He stated they may respond in the case of natural
disasters where health concerns are present. He noted they need many more
volunteers to accomplish their mission of supporting the Loudoun County
Health Department.
Mayor Umstattd thanked Mr. Rath for the great work being performed
by the Medical Reserve Corp.
F. Petitioners
The petitioners section was opened at 8:20 p.m.
David Goodrum. 504 Ayrlee Avenue, questioned whether an impact
study had been performed for the proposed Morven Meadows Park. He
Town Council Meeting of Februarv 26. 2008
Page 3
expressed concern that the area is improperly zoned for a dog park adding
there is poor accessibility.
Kevin Kavanaugh. 344 Lake View Way, presented Council with a
petition opposing the dog park. Mr. Kavanaugh stated he had many
questions and the local residents feel left out and uninformed.
Doris Kidder. 214 Loudoun Street, S.W., gave an update on the
Firehouse mediation. Ms. Kidder stated they would be having a meeting on
February 28.
Diane Perry. 321 Lake View Way, stated she lives behind the proposed
dog park. She stated a need to protect the area. She stated the proposal
puts pets over people.
John Gusciora. 317 Lake View Way, stated the Council should consider
the cost citing alternate projects which could be funded. He noted the final
cost could exceed half of a million dollars after you factor in maintenance.
Cara Eisenberq Boguiz. 306 Lake View Way, related a story about a
family pet being killed by a pit bull. She stated she is terrified of having dogs
in an off-leash area behind her home.
Joann Hoovler. 303 Locust Knoll Drive, stated she did not live near the
proposed park; however, she could not imagine the traffic and noise. She
stated she is an animal lover, but the Town needs to distinguish between
needs and wants. She questioned who would police the park.
Kenneth Ryan. 353 Lake View Way, spoke in support of the proposed
dog park. He stated the county has no dog parks because their regulations
virtually ensure no dog park can be built. He stated the run off from dog
waste is no worse than fertilizer. He stated he would not be using the tennis
bubble and the Town needs to provide recreational opportunities for all
citizens.
Sandy Kane. member of the Board of Friends of Dogs, stated dogs
deserve a piece of the Town pie. She stated the facility will be fenced and
double gated, as is typical for this type of park as well as being equipped with
tools for dog waste removal.
Bill Michel. 304 Lake View Way, stated the community is not opposed
to the dog park, they are opposed to the site. He stated the roads and traffic
are his biggest concern. He stated the park needs to be planned properly for
safety reasons.
The petitioners section closed at 9:05 p.m.
Mayor Umstattd asked that Morven Meadows Park be put on the next
worksession agenda for update and discussion.
G. Closed Session - 9:05 p.m.
Mayor Umstattd made the following motion:
Town Council Meeting of February 26. 2008
Page 4
Pursuant to Section 2.2-3711(A)(3) of the Code of Virginia, I move that the
Leesburg Town Council convene in a closed meeting to discuss the continuing
litigation concerning the Town of Leesburg and Virginia Power.
The motion was seconded by Vice Mayor Horne and was approved by the
following vote:
Aye: Hammier, Horne, Wright and Mayor Umstattd
Nay: None
Vote: 4-0-3 (Martinez, Reid, Schmidt absent)
At 10:10 p.m. Mayor Umstattd made the following motion:
In accordance with Section 2.2-3712 of the Code of Virginia, I move that
Council certify 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 seconded by Council Member Martinez and approved by the
following vote:
Aye: Hammier, Horne, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Reid, Schmidt absent)
H. Special Presentation - FY 09 Proposed Budget
John Wells gave a brief presentation of the proposed FY09 Budget. Mr. Wells
stated that assessments have dropped. He noted that the proposed tax rate of
18.75 cents would result in an average of 2.8 percent lower tax bills for most
property owners. He stated Town staff would still be able to provide a level of
service consistent with that of past years. Mr. Wells noted the Town would leave the
"rainy day fund" intact hoping to be able to weather another year of lower
assessments without significant program cuts. Mr. Wells went over several
commercial projects approved in past years that would completed during this fiscal
year or next, thereby contributing to the tax base.
Council Member Hammier asked what the hardest decision was to make
during this process.
Mr. Wells stated the hardest decision was the long term changes in the
compensation levels. He stated the pay for performance system had a range of 0-
5% and the recommendation is to make a permanent change.
Council Member Wright thanked staff for their efforts. He noted he often sees
Town staff in the office early and on weekends. He stated he appreciated that staff
understands the need to present a budget that provides some level of tax relief to
real property owners. He noted he shared Mr. Wells' sentiment regarding the
compensation decisions.
Mayor Umstattd stated she liked how detailed the budget has become. She
questioned how the Town stands debtwise in comparison with other jurisdictions
around the state.
Town Council Meeting of February 26. 2008
Page 5
Mr. Wells stated they would like to get to a AAA bond rating. He noted how
the Town manages itself during a fiscal downturn is one of the factors the credit
rating agencies will look at.
I. LEGISLATION
ORDINANCES
None
CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
following consent items were proposed:
1. RESOLUTION 2008-34
Requesting the Virginia Department of Transportation Accept Certain
Streets
2. RESOLUTION 2008-35
Making a reduction of the Performance Guarantees for public
improvements installed in the Dulles Greenway - Battlefield Parkway
interchanges and the Interchange Grading Plan
3. RESOLUTION 2008-26
Making a reduction of the Performance Guarantee for Public
Improvements installed in Potomac Station Drive and Battlefield
Parkway, Phase I and Phase II Public Improvements
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Wright, and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Reid, Schmidt absent)
REGULAR AGENDA
On a motion by Vice Mayor Horne, seconded by Council Member Wright, the
following motion was proposed:
4. RESOLUTION 2008-37
Declaring that a Public Necessity and Use Exist, Authorizing an Offer to
Acquire Easements from PIN 147-27-1333-000 for the Battlefield
Parkway-Edwards Ferry Road to Fort Evans Road project and
Authorizing Condemnation if the Offer is not Promptly Accepted
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Wright, and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Reid, Schmidt absent)
On a motion by Council Member Wright, seconded by Council Member
Hammier, the following motion was proposed:
5. RESOLUTION 2008-38
Awarding the Battlefield Parkway - Edwards Ferry Road to Ft. Evans
Road Clearing and Storm Drainage construction contract
Town Council Meetinq of February 26. 2008
Page 6
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Wright, and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Reid, Schmidt absent)
On a motion by Council Member Hammier, seconded by Vice Mayor Horne,
motion was made to defer the following:
6. RESOLUTION
Awarding the Wayfinding Sign Construction Contract
Motion to defer was approved by the following vote:
Aye: Hammier, Horne, Martinez, Wright, and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Reid, Schmidt absent)
On a motion by Council Member Wright, seconded by Vice Mayor Horne, the
following motion was proposed:
7. RESOLUTION 2008-39
Initiating Zoning Ordinance Amendments Authorizing the Town
Council to Grant Waivers to Certain Provisions of the Zoning Ordinance
for a Limited Period of Time Where There is a Conflict Between the
Current Regulations and the Town Plan
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Wright, and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Reid, Schmidt absent)
On a motion by Council Member Wright, seconded by Vice Mayor Horne, the
following motion was proposed:
8. RESOLUTION 2008-40
Initiating various amendments to Section C of the Town Plan and
miscellaneous clerical revisions to the Town Plan; an amendment to
the Land Use Policy Map in Section D; and initiating an amendment to
Appendix B: Off-site transportation costs of the Town Plan
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Wright, and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Reid, Schmidt absent)
On a motion by Council Member Martinez, seconded by Council Member
Hammier, the following motion was proposed:
9. RESOLUTION 2008-41
Initiating Various Amendments to the Zoning Ordinance for Article 3,
Article 5, Article 9, Article 15, and Article 17 of the Leesburg Zoning
Ordinance
Town Council Meeting of February 26. 2008
Page 7
Council Member Hammier noted the amendments include stiffer penalties for
overcrowd i ng.
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Wright, and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Reid, Schmidt absent)
J. OLD BUSINESS
1. Town Code Amendment - Board and Committee Liaisons
Council Member Wright suggested consolidating the Boards and
Committees.
Mayor Umstattd suggested cleaning up the language in the Town Code
to change "shall" to "may" to make liaisons permissive and not mandatory.
Jeanette Irby stated she would draft two items, one to make liaisons
permissive and not mandatory and the other to consolidate the Boards and
Commissions and put them all in one section of the Code.
K. BOARDS AND COMMISSIONS
1. Airport Commission
Vice Mayor Horne reported there will be an Airport Commission
meeting on Monday.
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
Council Member Wright reported the Planning Commission has begun
review of the Capital Improvements Program. He noted the Waterford
projects have separated. Their Wirt Street application will be on the next
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Paqe 8
agenda for public hearing and their S. King Street project is still under
discussion at the Planning Commission level.
11. Tree Commission
No report.
12. Standing Residential Traffic Committee
No report.
K. COUNCIL COMMENTS
Council Member Wright requested a follow-up on the joint Board of
Supervisors/Town Council meeting. He also requested a community meeting at Cool
Spring Elementary to brief the public on the plans for the Cangiano Tract. He asked
for an update on the Business Retention Manager position. He disclosed
conversations with Waterford Development. He reminded everyone of the Red Cross
fundraising efforts noting they need volunteers as well as donations. He suggested
Council hold Q&A sessions around the Town with regard to future road
improvements. He asked for a clarification on the issue of a Special Exception for
the proposed Morven Meadows Park.
Vice Mayor Horne requested a briefing on the Court House Expansion. She
expressed her condolences to Council Member Reid and his family over the passing
of his mother. She disclosed a meeting with Peter Burnett and Lisa Capraro and a
meeting with Waterford Development and representatives of Sunrise Assisted Living.
She reminded everyone of the Keep Leesburg Beautiful clean up on April 12 and the
Memorial Grove ground breaking the same day. She stated the Town has an
unparalleled opportunity with regards to Morven Meadows Park and expressed her
hope that a workable solution could be reached.
Council Member Hammier requested some possible remedies through the
Noise Ordinance for the incident at Vintage 50 where a car alarm went off all night.
She noted the Cable Commission is working on their Programming Plan. She
disclosed a phone call from Peter Burnett regarding the Downtown and one from
Sam Adamo regarding School Board issues. Council Member Hammier stated she
appreciated the feedback from the public with regards to the proposed Morven
Meadows Park. She stated a passive park is a benefit to citizens.
Council Member Martinez requested the Meade Drive Stop Signs be looked at
again. He also requested that he and Council Member Wright be able to give an
AADP Briefing to the Council. He reminded everyone of the Relay for Life and noted
that Council Member Wright had volunteered to sit in a Council Member Dunk Tank
for the event.
N. MAYOR'S COMMENTS
Mayor Umstattd expressed her condolences to the Reid family over the
passing of Council Member Reid's mother. She disclosed a meeting with Rod
Williams regarding Inova's plans for an expanded emergency room at the Cornwall
Campus. She stated she attended the YMCA's Chocolates Galore event and noted it
was very well attended.
O. MANAGER'S COMMENTS
John Wells expressed his condolences to Council Member Reid on behalf of
himself and staff. He expressed his personal best wishes to Director of Planning,
Town Council Meeting of February 26. 2008
Paqe 9
Zoning and Development Susan Swift in her new position as Director of Planning for
Rockville, Maryland. He stated he had been invited to give a presentation on How to
Do Business with the Town by the Chamber of Commerce for their Lunch and Learn
series.
P. ADJOURNMENT
On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the
meeting was adjourned at 11 :41 p.m.
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