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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 Town Council Meeting of Februarv 26. 2008 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. ~['}~ . . U stattd, Mayor Town of Leesburg ATT~.T: fl. ;\ / ~! ~ f.n.. ./ ~I 2008_ TCMIN0226