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HomeMy Public PortalAbout2008_03_25 COUNCIL MEETING March 25, 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: Council Member Wright arrived at 7:40 p.m. 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 Finance Norm Butts, Airport Director Tim Deike, Director of Planning, Zoning and Development Susan Swift, Senior Planner Chris Murphy, Zoning Administrator Brian Boucher, Recreation Programs Manager Kate Trask, Economic Development Manager Marantha Edwards, Senior Management Analyst Bob Berkey, Senior Management Analyst Annie Carlson, Utility Lines Division Superintendent John Creamer, and Management Specialist/ Deputy Clerk of Council Debi Parry. AGENDA ITEMS A. Invocation by Council Member Hammier B. Salute to the Flag was led by Eagle Scouts Colin Chapman and Alexander Stalnaker C. Roll Call showing Council Member Wright absent. D. Minutes a. Regular Session Minutes of November 14, 2007 On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the minutes were passed 4-0-2-1 (Schmidt and Hammier abstaining; Wright absent) b. Work Session Minutes of January 7, 2008 On a motion by Council Member Hammier, seconded by Vice Mayor Horne, the minutes were passed 6-0-1 (Wright absent) c. Regular Session Minutes of March 11, 2008 On a motion by Council Member Martinez, seconded by Council Member Hammier, the minutes were passed 6-0-1 (Wright absent) E. Presentations 1. Certificate of Recognition - Achievement of rank of Eagle Scout - Colin Chapman On a motion by Council Member Martinez, seconded by Council Member Hammier and approved by a 6-0-1 (Wright absent) vote, a Certificate of Recognition was presented to Colin Chapman for earning the rank of Eagle Scout and for demonstrating good citizenship and leadership in the community through his efforts in repairing the gutter system and recreating the funeral walk for the historic Saint James Episcopal Church. 2. Certificate of Recognition - Achievement of rank of Eagle Scout - Alexander Stalnaker Town Council Meeting of March 25, 2008 Page 2 On a motion by Vice Mayor Horne, seconded by Council Member Martinez and approved by a 6-0-1 (Wright absent) vote, a Certificate of Recognition was presented to Alexander Stalnaker for earning the rank of Eagle Scout and for demonstrating good citizenship and leadership in the community through his efforts in creating a trail providing hiker access to the southern part of Banshee Reeks nature preserve thus increasing citizen recreational and educational opportunities and fostering a better understanding of regional plants and animals. 3. Certificate of Appreciation - Susan Swift On a motion by Council Member Hammier, seconded by Council Member Reid and approved by a 6-0-1 (Wright absent) vote, a Certificate of Appreciation was presented to Susan Swift for her outstanding service and dedication to the Leesburg Planning, Zoning and Development Department, the Town of Leesburg, and its citizens, from July 2002 to March 2008. 4. Certificate of Appreciation - Sandy Wanless On a motion by Vice Mayor Horne, seconded by Council Member Reid and approved by a 6-0-1 (Wright absent) vote, a Certificate of Appreciation was presented to Sandy Wanless for her outstanding service and dedication to the Leesburg Clerk's Office, Parks and Recreation Department, Executive Department, Town of Leesburg, and its citizens, from September 1985 to March 2008. 5. Proclamation - Relay for Life On a motion by Council Member Martinez, seconded by Council Member Reid and approved by a 6-0-1 (Wright absent) vote, the following Proclamation was presented to Betsy Creamer, Co-Chair Western Loudoun Relay for Life: PROCLAMATION American Cancer Society's Relay for Life May 31 - June L 2008 WHEREAS, in May 1985 Dr. Gordy Klatt, took the first step of his 24- hour walk/run around a track in Tacoma, Washington and raised $27,000 to support the American Cancer Society; and WHEREAS, the following year, 220 supporters on 19 teams joined Dr. Klatt in this overnight event, and the American Cancer Society Relay for Life was born; and WHEREAS, each of the more than 4,800 Relays nationwide is a fun- filled, overnight event that mobilizes communities to celebrate survivors, remember loved ones and raise money for the fight against cancer; and WHEREAS, this event celebrates cancer survivors and their caretakers, honors those lost to cancer, raises community awareness about prevention and early detection, and offers support to persons living with cancer; and WHEREAS, the national theme for Relay for Life is "Celebrate. Remember. Fight Back!"; and Town Council Meeting of March 25, 2008 Page 3 WHEREAS, the Western Loudoun Relay for Life is being held on May 31- June 1, 2008 at Heritage High School in the Town of Leesburg; and WHEREAS, since 2000 the Western Loudoun Relay for Life has raised over $1,080,000 to aid in the fight against cancer. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby congratulate the organizers and participants of our local Relay for Life and urge the citizens of the Town of Leesburg to support the American Cancer Society. PROCLAIMED this 25th day of March 2008. 6. Resolution of Appreciation - REHAU North American Headquarters On a motion by Council Member Hammier, seconded by Council Member Martinez and approved by a 7-0 vote, the following Resolution of Appreciation was presented to REHAU: A RESOLUTION: A TESTIMONY TO REHAU NORTH AMERICAN HEADQUARTERS, AN OUTSTANDING EMPLOYER AND COMMUNITY PARTNER WHEREAS, REHAU, based in Germany established its North American headquarters in Leesburg Virginia in 1979; and WHEREAS, globally the company generates continuous growth with more than 15,000 employees in more than 170 worldwide locations; and WHEREAS, REHAU's North American headquarters is one of Leesburg's largest private sector employers under the direction of Dr. Kathleen Saylor and provides a variety of jobs in the areas of; engineering, marketing, finance, IT/IS, operations, chemistry, supply chain management, and training and development; and WHEREAS, they have generously provided major sponsorships to Leesburg Fall Into the Arts, the annual Flower and Garden Festival and Leadership Loudoun; and WHEREAS, REHAU was the 2007 winner of Leesburg's Opportunity Award, an award designed to celebrate a Leesburg business that creates jobs and opportunity for people to live, work and play in our community; and WHEREAS, REHAU and the George C. Marshall Center at Dodona Manor share the common vision of an international connection to Germany and the work of George C. Marshall; and WHEREAS, Loudoun Literacy Council, and the Rotary Club have been recipients of REHAU's generosity, while ECHO has been provided office space by the company for more than five years; and Town Council Meeting of March 25, 2008 Page 4 WHEREAS, the Leesburg community would like to salute the innovation and leadership of REHAU; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: REHAU North American Headquarters is one of Leesburg's premier businesses and community partners. PASSED this 25th day of March 2008 F. Petitioners The petitioners section was opened at 7:54 p.m. Becky Fleming, Daughters of the Confederacy, asked Council to consider funding for the 100th celebration of the confederate soldier statue on the Court House Lawn. She outlined the planned celebration and restoration efforts. Stacy Jacobus, 430 W. Market Street, addressed Council asking permission to use the Council Chambers for her wedding on June 28 in the event of rain. On a motion by Council Member Martinez, seconded by Council Member Hammier, the rules of order were suspended by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright, and Mayor Umstattd Nay None Vote: 7-0 On a motion by Council Member Martinez, seconded by Council Member Hammier, the following motion was proposed: MOTION Authorizing Stacy Jacobus to use the Town Council Chamber on June 28, 2008 The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright, and Mayor Umstattd Nay: None Vote: 7-0 Milt Herd. Bluemont Concert Series, read the following letter into the record: "We need your help to rectify a matter of concern to both Bluemont and the Town of Leesburg. We have learned that the Town has reduced Bluemont's FY2008 local appropriation from $15,000 to $8,200, a 45% reduction from the previous year's funding levels. This reduction is apparently part of the Town's new 'Suggested Guidelines for Community Agency Donations' where Bluemont is now classified as a 'Tourism Product.' Town Council Meetinq of March 25, 2008 Paqe 5 The Economic Development Map for Leesburg adopted by the Leesburg Economic Development Commission and the Town Council in Spring 2007 serves as the overall vision/direction for the Town's economic development initiatives. The 'Map' identifies arts and entertainment as major components for the Town's destination planning and marketing for the future. Also, the Town's Downtown Market Study (December 2007 specifically supports the need for arts and entertainment. Bluemont has been a major purveyor of arts and entertainment in this community since 1982, brining hundreds of thousands of friends, families, and visitors to Leesburg over 27 years. Please review the remarkable Summary of Bluemont Cultural Programs in Leesburg 1982-2008. During this time, Bluemont's programs have supported the Town's evolving economic development efforts by helping build the cultural spirit of our community with high quality cultural programs for families, schools, and healthcare facilities in Leesburg and the surrounding communities. In recognition of this 27-year partnership, we would like to present the following request at an upcoming March workshop meeting, that the Leesburg Town Council: 1) Revise Bluemont's new classification as a "Tourism Product" to encourage the continuation of the Town's participation in this successful community arts partnership, perhaps through creative cooperation and planning with the appropriate committee of the Leesburg Economic Development Commission; 2) Approve a supplemental appropriation of $6,800 to reinstate full requested FY 2008 local funding ($15,000) for Bluemont programs in Leesburg; and 3) Support Bluemont's FY2009 request for funding at the established partnership level ($15,000 local monies). We urge you to make similar adjustments to reinstate full FY2008 local funding for the First Night Leesburg Project as well. We ask this in recognition of Bluemont's 27 consecutive years of successful service and stable partnership here in Leesburg, in recognition of the quality of life, community-building nature of Bluemont programs, and in recognition of the practical difficulty of adjusting to this unexpected funding reduction announced only weeks before our 2007 summer season was to begin." Mr. Herd also read into the record the following letter from Leesburg Economic Development Commission Chairman Ara Bagdasarian: "Last year Council adopted the Economic Development Map for Leesburg which outlines three major visions. The three components are to have a Customer Service Focus, Leverage Emerging Growth Opportunities, and becoming a Destination for Arts, Entertainment and Dining. These visions are intended to serve as beacons to guide decisions that impact the future of the Town. Town Council Meeting of March 25, 2008 Page 6 These visions are intended to be the guideposts that impact policy, capital projects, economic development, amenities, and funding. Without the establishment of a vision it is impossible to make sound decisions today that will serve as steps in realizing this vision for the future. The Town unanimously adopted the beacon to be a Destination for Arts, Entertainment and Dining. With this beacon establishing clarity for the future of the Town, there are efforts underway today to move closer to this realization. Public and private efforts such as the Performing Arts Center Task Force, the Downtown Improvement Association, the creation of a Tourism Zone with an emphasis on entertainment and dining are all movements towards realizing this vision. The Bluemont Concerts represent a tradition of community entertainment through music, education, and performing arts. They also represent a key facet in the success of the next chapter of the Town of Leesburg. I am urging the Council to maintain the level of support for the Bluemont Concert Series for the FY 2009 budget. The Bluemont Concert Series will only increase in its economic development value as we move closer to the beacon and the return on investment will be measured both in revenue as well as quality of life." Tom Bowman. Rotary Assistant District Governor, stated both of the Leesburg Rotary clubs give tens of thousands of dollars to Leesburg charities every year. He stated Rotary is one of the first American service organizations and their goals are fighting poverty and hunger, promoting literacy, good will, and peace. Further, he stated they are an international organization with 32,000 clubs around the world and two million members. James Rohrbauqh. President, Leesburg Daybreak Rotary Club, he stated annually Rotary distributes over $32,000 in scholarships in Loudoun County between the two clubs. He stated in partnership with the Historic District Resident's Association Rotary initially sponsored and continues to lead the annual Fourth of July parade. He stated between the two clubs they annually distribute over $70,000 to local organizations and thanked Council for joining the Rotary members as the new swing set was dedicated at Rotary Park. Further, he stated Rotary provided $2,000 to support the restoration and installation of the Gen. George C. Marshall Statue and outlined several other efforts. Phil Rusciolelli, President, Rotary Club of Leesburg, stated the Rotary Club of Leesburg was founded in 1927. He highlighted more good work done by the Rotary including former Council Member George Atwell's trip overseas where he delivered polio vaccine to India. He asked that the civic signs at the entrances to Town be replaced. He stated the Rotary sign is seen in communities allover the State and it is important to let visitors know that we are a Rotary Town. Town Council Meeting of March 25, 2008 Page 7 Mayor Umstattd thanked Mr. Bowman, Mr. Rohrbaugh, and Mr. Rusciolelli for their comments. She stated Vice Mayor Horne has been working to find funding to restore the signs. Vice Mayor Horne stated the Rotary Clubs have been strong supporters of Keep Leesburg Beautiful. Council Member Reid expressed appreciation for the request to restore the signs stating he has wondered why the community organizations have not pressed the issue. He stated a link to a community organization webpage will be displayed on the proposed special event banners; however, the banners are too expensive, they will tear, and Council will not be going forward with that contract. Further, he stated after the budget discussions he would like Council to look into the possibility of restoring the service organization signs and asked Mr. Bowman, Mr. Rohrbaugh, and Mr. Rusciolelli to spread the word to other community organizations. The petitioner's section was closed at 8:21 p.m. G. Public Hearing 1. Special Exception TLSE 2007-0005 Offices at Georgetown Park LLC The publiC hearing was opened at 8:21 p.m. Brian Boucher stated the applicant is seeking special exception approval to permit a private parking structure with 99 parking spaces at 218 Wirt Street. He stated the Planning Commission recommended conditional approval of this application on February 7 and stated staff also recommends conditional approval. He stated the property is designated as Flood Plain and the applicant would have to get FEMA to remove that designation before the site plan could be approved. Further, he outlined the proposed improvements to the site and the conditions recommended by the Planning Commission and staff. Vice Mayor Horne asked if the power lines could be placed underground. Mr. Boucher stated that could be discussed with the applicant; however, right now they are just preparing to relocate the lines. Council Member Hammier asked why the application was delayed four months with the Board of Architectural Review. Mr. Boucher stated staff wanted to get applications to the BAR before Council approval for a recommendation; however, the BAR actually took formal action on the application. He stated the applicant was concerned and appealed the decision to Council and staff reviewed the issue with the Town Attorney and determined that the process was flawed and the applicant should not have gone to the BAR. Further, he stated the applicant will need BAR approval upon approval by Council of the special exception. Vice Mayor Horne stated we have discussed positioning the Town to work with developers to begin to place the utility lines underground. She asked if it is pOSSible in this case. Town Council Meeting of March 25. 2008 Page 8 Mr. Boucher stated the applicant can address their willingness to place the lines underground. Council Member Martinez stated he has the same concerns with the power lines. Council Member Hammier asked about the economic impact of the project. Mr. Boucher stated the economic impact is positive. He stated the building has to be approved by the BAR, but currently it is 52,000 square feet. Council Member Hammier asked Mr. Boucher to address the first floor retail issue. Mr. Boucher stated the applicant felt there were impracticalities in the building and design that would not allow the retail component to fit. He stated there is a retail component in the other part of the project they are proposing. Council Member Reid asked if the utilities could be rerouted rather than placed underground to remove the poles from the front of the building. Mr. Boucher stated the applicant will need to address that issue. Council Member Reid stated the BAR has not reviewed this application and verified the project would not have to come back to Council for a special exception amendment unless the square footage is increased. He stated the applicant is proffering $36,000 for a portion of a future traffic signal and asked if staff feels the traffic signal is warranted and if the remaining cost of the traffic signal will be proffered with their other application. Mr. Boucher stated the proffer is worded that the $36,000 could be used towards the traffic signal or another traffic project in the Town. Council Member Reid stated he spoke to the applicant last year regarding the possibility of installing a round-about in that intersection to facilitate traffic flow; however, it seems there is not adequate footprint on the pa rce I. Colleen Gillis Snow, attorney for the applicant, addressed Council. She stated she has worked with staff over the last few months and is very pleased to have received a recommendation of approval from staff and the Planning Commission. Ms. Snow outlined the project and stated the applicant hopes to revitalize this portion of the downtown by adding the parking garage amenity. She discussed the improvements to Wirt Street and stated based on preliminary numbers, undergrounding the utilities would triple the cost of moving the utility poles. Further, she suggested that the Town undertake their undgrounding efforts in larger pieces and stated the $36,000 proffered for the traffic light could be applied to an undergrounding project. Town Council Meeting of March 25, 2008 Page 9 Council Member Schmidt stated this project will be a wonderful addition to this area. He asked if the applicant would be able to facilitate the requested archeological dig on the site prior to construction. Ms. Snow stated she has been working with Dr. Clark of the Loudoun Archeological Foundation to get information from him on the scope of his work and how long the process would take. She stated Dr. Clark is still in need of some materials and resources including a Bobcat. Further, she stated she is not sure he has all of the necessary insurance required by the applicant's lender. Council Member Schmidt stated he was surprised by the estimated cost for undergrounding the utilities and asked staff to look into the issue. Vice Mayor Horne stated she is very pleased with the design and the underground parking. She stated she would like to pursue the feasibility of at least installing conduit for future undergrounding of the utilities. Ms. Snow stated all of the lines on their side of Wirt Street will be placed underground and it is only the utility poles on the Town's property that will remain above ground. Council Member Martinez stated he had asked the applicant to present their plans to the Economic Development Commission who has endorsed their application. Council Member Hammier asked the outcome of the applicant's meeting with the Loudoun Arts Council. Ms. Snow stated that meeting was more pertinent to their other project. She stated the meeting was very positive and she hopes they will speak in favor of that application at the public hearing. Council Member Hammier verified the applicant proposes to begin construction once the site plan is approved. Further, she asked the applicant to minimize traffic impediments during construction given this is a major thoroughfare. Council Member Wright stated the undergrounding issue was discussed during the Planning Commission public hearing and they were told that placing a small portion underground and creating an "up/down" scenario would cause additional issues regarding reliability. Further, he stated if we are already moving the poles he would like to explore the possibility of laying the conduit under the line. Council Member Reid asked if rerouting the lines is an option. Ms. Snow stated she would have to discuss that option with her team; however, that may create issues for the owners of the Joshua Chamberlin Building. Council Member Reid stated he would support Vice Mayor Horne's request to have conduit installed or to have the applicant work with staff to Town Council Meeting of March 25, 2008 Paqe 10 address the feasibility of rerouting the lines to reduce the number of poles on Wirt Street. Mayor Umstattd asked if a conduit condition is legal in this situation. Ms. Irby stated she would like to address the issue with staff since the applicant is willing to consider it as part of their overall plan. Ms. Snow stated she has not had the opportunity to address this with her client. She stated they will be in the Town for a while and it is her hope that a resolution could be reached on this application this evening. Vice Mayor Horne stated she is not requesting a specific condition; rather, she is asking that the applicant examine the feasibility of laying the conduit. Mr. Boucher stated if the applicant agrees to do this he would rather have a letter from them stating their agreement than add this as a condition. Council Member Reid asked if a green roof could be considered for this project. Ms. Snow stated the applicant can not commit to a green roof as the final design has not been approved by the BAR. She stated they have shown a commitment to green building design. Further, she stated when the power poles are moved the two power poles will be condensed to one. Virginia McGuire, Environmental Advisory Commission, stated the EAC is meeting with the applicant on Friday. She stated there is a lot of potential on that site given the proximity to Town Branch and thanked Council Member Reid for suggesting the possibility of a green roof. Neely Law, Environmental Advisory Commission, stated one of the objectives of the EAC and the Watershed Committee is looking at low impact development techniques at future development sites and working with developers to do so. Further, she stated it is important to look at how landscaping and storm water management can work together on a particular site given the scale and space constraints on these urban sites. The public hearing was closed at 9: 14 p.m. On a motion by Council Member Martinez, seconded by Council Member Hammier, the following resolution was proposed: RESOLUTION 2008-49 Approving Special Exception TLSE 2007-0005 Offices at Georgetown Park LLC to permit a private structured parking facility at the northeast quadrant of Wirt Street and South Street Council Member Hammier stated this is a turning point and she is excited about the investment in downtown Leesburg and the opportunity to allow existing businesses to stay and grow and to bring new businesses in as an anchor for the Crescent District. Further, she thanked the applicant for Town Council Meetinq of March 25, 2008 Page 11 their efforts to work with Dr. Clark and the incorporation of green elements in the building. Council Member Wright stated thanked staff, the BAR and the Planning Commission stating this was a long road and everyone came up with solutions and we have gotten to a result that is a good first step for redevelopment in this area. Further, he stated he is looking forward to continuing working with Waterford Development. Council Member Reid thanked the applicant for their investment in Leesburg and stated he is looking forward to reviewing their other proposal. He urged the applicant not to discount the possibility of retail or a restaurant on this site. Mayor Umstattd stated it wasn't long ago that Council was under pressure to build another parking structure at taxpayer expense and she is appreciative that it is being constructed at the private sector's expense. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 7-0 2. Special Exception TLSE 2007-0011 All God's Children Daycare Center The public hearing was opened at 9: 19 p.m. Chris Murphy stated the applicant is seeking to amend conditions of Special Exception 2002-02 to permit children up to age 12 at the child care facility. He stated no other changes are requested. He stated the Planning Commission and staff recommend approval of the application with conditions. Further, he outlined the site location on the southwest corner of the intersection of Davis Avenue and Valley View Drive. Council Member Schmidt asked if staff considered safety concerns raised by the neighbors relating to the gate opening on Valley View Avenue. Mr. Murphy stated the concerns have been brought to staff's attention. He stated the day care center has been in operation for over a year now and there have been no incidents requiring police or other services. He stated staff has not heard concerns other than from the one neighbor. Further, he outlined the location of the gate entrance in question and stated upon opening the center, the applicant was required to provide curb, gutter and sidewalk which has greatly improved the safety situation. Council Member Schmidt stated the concern was not just the arrival and departure, rather there was also concern that older children may be able to open the gate. Mr. Murphy stated unless children are in the outdoor play area the access points are controlled. In the outdoor play area a child would have to open the play area gate to then gain access to the gate on Valley View Avenue and there are adults who will be monitoring the outdoor area. Town Council Meeting of March 25, 2008 Paqe 12 The applicant had no presentation. Elaine Eliezer, 105F Davis Avenue, expressed concern for the safety of the children stating there have been accidents along Valley View Avenue. She urged Council not to wait until a kid is hurt running along Valley View Avenue. She stated the parents sometimes follow behind and a week ago she observed two children in the front yard with no adult. Further, she said during the original special exception hearing it was discussed that the children would be dropped off in the rear and would access the building from the handicapped entrance on the other side; however, the applicant has not enforced this. Paul Supan, 105F Davis Avenue, stated his office is across from the daycare center and accidents frequently occur on Davis Avenue and Valley View Drive. He stated this is an unsafe area and the applicant needs to be brought into conformance with what was required in the original special exception. Further, he stated the Town needs to enforce these regulations. Mayor Umstattd stated the Town legally can not put age limits on the children who will be using the daycare facility. She stated we are looking at a limited question and she is not sure what the Council is legally able to add on. Ms. Irby stated Council is able to add reasonable restrictions regarding health, safety and welfare of these children during ingress and egress. Patricia Bennett, applicant, stated she did have an entrance on Davis Avenue and staff asked that the entrance be closed off and moved to its current location. Further, she stated the children are tightly enclosed in their play area and there have been no noise complaints. Council Member Reid verified Ms. Bennett has not had a child open the gate before. The public hearing closed at 9:49 p.m. On a motion by Council Member Reid, seconded by Vice Mayor Horne, the following resolution was proposed: RESOLUTION 2008-50 Approving Special Exception TLSE 2007-0011 All God's Children Daycare Center which seeks to amend the conditions of Special Exception SE-2002-02 to permit children up to age 12 at the facility Council Member Schmidt stated he was on Council when this was originally brought forward and voted in favor of the application; however, he is not completely satisfied that the issues of safety and security have been addressed. Further, he stated he would not want to rush this application through and can not support it tonight. Vice Mayor Horne stated her biggest concern is the issue of people stopping where the no parking sign is posted. She suggested that the Town require the parents to park and walk their children to one of the entrances. Town Council Meeting of March 25, 2008 Page 13 Council Member Hammer stated she is torn by the concern of the neighbors yet this should be self regulatory by the parents. Ms. Irby stated Ms. Bennett was precluded from using the Davis Street entrance by staff and has followed what she was asked to do. Mayor Umstattd stated if we are allowing more dangerous conditions in Town then it is hard to require a stricter environment here. She stated this is a self regulatory issue. There was further discussion regarding the reasonableness of further regulations on this site. Council Member Schmidt verified the conditions of the previous special exception did not specify how parents or children should enter the site. He expressed concern with the height of the fence at 3.5 feet and asked if that is regulated by the State. Ms. Bennett stated the height of the fence was set by Council. She stated it is mandatory that parents sign in the children and there has not been an issue with people parking at the curb. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: Schmidt Vote: 6-1 3. Budqet Public Hearing The public hearing opened at 10: 18 p.m. Mayor Umstattd stated she would like to make brief statements on behalf of two individuals who where in attendance but had to leave. She stated David Weiss, Loudoun County Volunteer Rescue Squad stated the rescue squad supports the proposed budget and the amount dedicated to them. She stated Mr. Jones with the Prince Hall Free Masons also extended his appreciation for the funding that has been proposed in the budget. Greg Harp, Loudoun Convention and Visitor's Association, stated the LCVA develops and implements programs in Leesburg and Loudoun County to attract visitors and in 2007 those efforts generated direct visitor spending of $54.6 million county-wide. He stated for the Town of Leesburg, LCVA generated 24 group bookings which generated $1. 7 million in direct visitor spending and provided services for 4,522 visitors in the Town Hall visitor's center that generated just over $3 million in direct visitor spending. Further, He stated this contributed to a net tax relief per household of $158.92 and urged Council to fund their requested amount. Council Member Reid asked how the $100,000 contribution from the Town is allocated. Mr. Harp stated their budget is divided up by class so a percentage of the overall budget is dedicated to Leesburg, Loudoun County or Middleburg. Town Council Meeting of March 25, 2008 Page 14 Council Member Reid asked if the LCVA is raising their membership dues. Mr. Harp stated they are not increasing their membership dues as they were last increased either last year or the year before from $145 to $300. Council Member Reid verified their lease expires in 2009 and asked if they are considering moving to the Historic District. Mr. Harp stated they are in the initial stages of discussions with the Loudoun County Chamber of Commerce and County Economic Development to look at combining services and what works best for each group. He stated returning to the Historic District is an option. Mary Beth Mohr, Commission on Public Art, stated the Commission has requested $40,000 which is not in the recommended budget. She stated $15,000 of the funding would be earmarked to be used as matching funds in the development of the Public Art Master Plan and the Public Art Process Development. She stated the remaining funds would be used to fulfill the Council's request that Leesburg be billed as a vibrant place and cultural center. Noel Brown, Small Business Development Center, urged Council to reinstate the full $15,000 requested for this year. He stated the SBDC mission is to assist and educate new and existing small businesses in increase their opportunity for entrepreneurial success. Further, he stated 42% of their training courses were held in Leesburg. Council Member Hammier asked Mr. Brown to email Council the percentage of Leesburg businesses and residents that benefited from the SBDC's services. Liz Whiting, Loudoun Museum/SRTC, first addressed Council as Chairman of the SRTC stating she was very pleased to see continued funding in the proposed budget. She stated they will give first priority to improvements on the ground. Ms. Whiting addressed Council on behalf of the Loudoun Museum thanking Council for the level of funding in the proposed budget. She stated they are reprogramming every cent they can to partner with the Town to get the museum building reopened on Loudoun Street. Council Member Reid asked why the situation with the squirrels occurred in the museum and how that was allowed to happen. Mr. Wells stated a study is being commissioned and is due back soon regarding the repairs that will be required for the facility. Keith Wauchope, Dodona Manor, thanked Council for their support in the past. He stated the funding was used for landscaping and upgrades to the website. He stated this year their request for $12,250 will be used to restore the tree canopy at Dodona Manor. Town Council Meeting of March 25. 2008 Page 15 Bonnie Inman, Loudoun Interfaith Relief, stated her group operates a food pantry on Miller Drive for families in Loudoun County and also offers life skills training and provides food to other charities in Loudoun. She stated 41 % of her families live in the Town of Leesburg. Council Member Martinez asked what would happen if Loudoun Interfaith Relief did not exist. Ms. Inman stated there are smaller food pantries in the County; however, they do not have the resources to help the number of families that Loudoun Interfaith Relief helps. Council Member Reid asked if the increase in people seeking help is due to the economy. Ms. Inman stated this is absolutely a result of the economy. She stated at the end of February they had served 27,232 individuals which was almost the number served for all of last fiscal year. Council Member Hammier asked what level of support Ms. Inman is anticipating from Loudoun County. Ms. Inman stated as of last week Loudoun County did not plan to provide funds this year. She stated they had never requested County funds before and because they were a new request this year they were not permitted to continue to seek funding. She stated she had heard that may be reconsidered. Council Member Hammier asked how much funding was requested from the County. Ms. Inman stated they requested $21,000 in funding. Vice Mayor Horne encouraged the community to hold food drives. Sandy Kane, 815 Kenneth Place, asked Council to support funding for the Public Art Commission. She expressed support for funding for Thomas Balch Library and Loudoun Museum. Further, she addressed Council Member Wright's questions regarding donation money for the dog park stating there have been no donations forthcoming because the Town has not made a commitment. Jennifer Montgomery, Loudoun Free Clinic, stated Loudoun County has between 25,000 and 30,000 uninsured residents. She stated 71 % of the individuals served by the Loudoun Free Clinic are working uninsured individuals. Further, she stated the nurses and doctors volunteer their time to see patients. Council Member Martinez verified the majority of volunteer doctors live in Leesburg or Loudoun County. Town Council Meetinq of March 25. 2008 Page 16 Virginia McGuire, Environmental Advisory Commission, she asked Council to provide continued support for environmental efforts stating these are not luxury expenses. Further, she stated the Watershed Committee has requested that Council fund an additional staff position to coordinate watershed protection in the Town and to seek grant funds for programs to improve the environment. Neely Law, Leesburg Watershed Committee, concurred with Ms. McGuire's comments. She stated the Committee presented seven short term recommendations in December to maintain and restore the quality of our watershed. Further, she outlined the Watershed Committee's efforts and asked Council to fund the Environmental Coordinator position in the FY09 budget. Richard Koochagian, 212 Loudoun Street, addressed Council regarding citizen's concerns with the proposed fire station expansion on Loudoun Street. He stated the citizens feel that economic considerations have been at the heart of this matter and asked Council to consider 1) the lack of information citizens have on this situation from a planning and financial perspective, 2) the lack of communication between the Town, Loudoun County, and the Fire Department, and 3) the lack of operational funding. Further, he stated the fire department is not asking Loudoun County for their fair share of funding and the Town is complicit in that act because they continually grant funds to the fire department with no oversight. Gerry Shamla, Environmental Advisory Commission, stated he is very proud to have Ms. McGuire and Ms. Law leading the EAC. He stated it is important to invest $1 now to prevent problems rather than $10 to fix problems later. Further, he urged Council to set aside a revenue stream to prepare for the environmental regulations that will continue to grow as the Town grows. The public hearing closed at 11:21 p.m. H. Legislation ORDINANCES None CONSENT AGENDA REGULAR AGENDA 4. Request for funding - Confederate Soldier Statue 100th Anniversary On a motion by Vice Mayor Horne, seconded by Council Member Schmidt, the following resolution was proposed: MOTION Authorizing funding in the amount of $1,000 for the Confederate Soldier Statue 100th Anniversary Council Member Wright asked how much of this contribution is hard Town Council Meeting of March 25, 2008 Page 17 dollars versus soft dollars. He stated we traditionally assess a fee so will the $1,000 go somewhere else, or will the money be used to offset a portion of the fees. Ms. Irby stated she would rather that the $1,000 be hard dollars towards the event as she would like everyone who applies for a special events permit to be treated the same. Kate Trask stated Ms. Fleming has requested that all four streets be closed for this event to allow for a respectful and safe ceremony. She stated the cost for that is $1,550. Further, she stated the cost could be reduced by $500 if the support team is available. Council Member Hammier verified the cost is to fund overtime for employees who would not normally be working that weekend. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, and Mayor Umstattd Nay: None Vote: 6-0-1 (Wright abstaining) 5. Making an Appointment to the Planning Commission On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the following resolution was proposed: RESOLUTION 2008-51 Making an appointment to the Planning Commission - Doris Kidder The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt, Wright, and Mayor Umstattd Nay: None Vote: 6-0-1 (Reid absent) 6. Immigration Coalition On a motion by Council Member Reid, seconded by Council Member Schmidt, the following resolution was proposed: RESOLUTION Authorizing the Town of Leesburg's participation and appointment of Town representatives to the Coalition on Illegal Immigration Council Member Wright stated he is more comfortable with the efforts the Town is making and the efforts of the Virginia Municipal League that are focused and have a lower level of hype. Vice Mayor Horne stated she could not support this effort as there are other groups that will come forward with more of a broad based perspective. The motion failed by the following vote: Aye: Reid and Schmidt Nay: Hammier, Horne, Martinez, Wright, and Mayor Umstattd Vote: 2-5 Town Council Meeting of March 25, 2008 Page 18 7. Ritz Camera Contract On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the following resolution was proposed: RESOLUTION 2008-52 Authorizing the Mayor to sign the Ritz Camera Contract Council Member Wright verified that by allowing Ritz Camera to sell fuel we will maintain compliance with all other agreements. Council Member Reid expressed concern with the length of the contract. He stated he is concerned about voting for this without seeing the contract. Mr. Deike stated the lease will expire with their hanger lease. Ms. Irby stated this was a bid process and we agreed to the terms in advance. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright, and Mayor Umstattd Nay: None Vote: 7-0 I. BOARDS AND COMMISSIONS 1. Airport Commission Vice Mayor Horne stated the south apron expansion ground breaking is scheduled for Saturday. She stated she missed the regular commission meeting in March because she was attending a Council budget work session. 2. Thomas Balch Library Commission No report. 3. Board of Architectural Review Council Member Reid stated the BAR has approved the Chevy Chase Bank application. He stated they have also adopted guidelines for the Village at Leesburg. He stated Kettler is the only developer so far which has taken up Ms. Swift on her offer to develop guidelines that all the tenants would adhere to thereby eliminating the need for BAR review, per tenant. 4. Cable Television Advisory Commission Council Member Hammier report the PEG subcommittee is making a lot of progress. She stated the next committee meeting is April 3 at 4:00. 5. Commission on Public Art No report. 6. Economic Development Commission No report. 7. Environmental Advisory Commission Town Council Meetinq of March 25, 2008 Page 19 Council Member Hammier stated the Commission is holding a strategic retreat this weekend at the airport. Vice Mayor Horne stated she sent an email to Virginia McGuire asking that the EAC make Keep Leesburg Beautiful part of their work plan. 8. Information Technology Commission No report. 9. Parks and Recreation Commission Council Member Wright stated he briefed the Commission on Council's discussion regarding Izaak Walton Park. He stated the general consensus of the Commission was that they were not aware of the cost issues and asked that the funding be left in place for the upcoming fiscal year and have a broader discussion in the next budget cycle. 10. Planning Commission No report. 11. Tree Commission Council Member Reid stated a Girl Scout troop attended the last Tree Commission meeting. He stated they will assist the Commission in passing out trees at the Flower and Garden Festival to earn points towards their service medal. Further, he stated the $50,000 a year for the trees in our CIP is primarily for Battlefield Parkway. 12. Standing Residential Traffic Committee Council Member Reid stated there was no quorum for the last meeting. J. OLD BUSINESS There was no discussion of the following items: 1. Parking Summit 2. Loudoun Street Development Options Follow-up a. Survey b. Community meeting 3. Joint BOS/Council Meeting 4. Future Plans for Cangiano Tract 5. Town Code Amendment - noise related issues 6. KOVAR Recognition (April 8) K. NEW BUSINESS (FOR CONSIDERATION TONIGHT) The followi ng items were deferred: 1. Board and Commission Liaisons Discussion MOTION Directing Staff to Advertise a Public Hearing on Amending the Leesburg Town Code with relation to Councilmanic Liaisons RESOLUTION Defining Councilmanic Liaison Responsibilities Town Council Meeting of March 25, 2008 Page 20 L. COUNCIL COMMENTS Council Member Schmidt stated the Rotary organizations do tremendous work for the Town and thanked them for attending the meeting. He stated the service organizations do wonderful work and he hopes Council will review each of the requests. He expressed concern that a large mix of organizations have been thrown into the strict formula and he would not be opposed to looking at individual situations as the budget discussions continue. He extended his best wishes to Sandy Wanless and Susan Swift. Vice Mayor Horne extended her best wishes to Sandy Wanless and Susan Swift. She stated she had the opportunity to attend the LCVA awards luncheon and congratulated Tuscarora Mill for their two award winners. She also congratulated the other Leesburg award winners including Karen Jones who was given the Judy Patterson Tourism Award. She stated she met with her appointed commissioners who expressed their feelings that the Council liaison position is very valuable; however, they do not feel that attendance is a major issue. Further, she asked that Mr. Wells provide an update on the Izaak Walton lease discussion. Council Member Martinez disclosed a meeting with Waterford Development. He stated he attended the NAACP forum on race relations stating it was enjoyable. He congratulated all award winners of the LCVA awards. Further, he extended his best wishes to Sandy Wanless and Susan Swift. Council Member Hammier congratulated Karen Jones on her award. She thanked all of the speakers who attended tonight's meeting. She stated she supports looking at items where Council can urge the County to fund organizations such as Loudoun Interfaith Relief and other organizations of that nature. She stated the issues raised regarding the fire department are important and states she would like to see detailed financial reports from the fire department given the significant investment this Town has made. She expressed her appreciation for the discussion of environmental issues and thanked the Clerk's office for allowing her to receive her Council agenda packet in a paperless form. She asked that items be placed on the agenda regarding the Town's requirements for parking and the diamond interchange meeting with VDOT and Beauregard sidewalk issues. Further, she extended her best wishes to Sandy Wanless and Susan Swift. Council Member Wriqht thanked Susan Swift and Sandy Wanless for their service to the Town. He commented on the budget discussions stating Council was able to start below the equalized rate; however, that does not lessen the responsibility to make sure all taxpayer dollars and being spent wisely. He congratulated all of the LCVA award winners. Further, he stated he is glad to see that Council Members are slowly moving towards the electronic agenda packets. Council Member Reid disclosed a meeting with Sunrise to discuss their assisted living proposal on East Market Street. Further, he stated he also met with representatives of Waterford Development on both of their projects. He extended his best wishes to Sandy Wanless and Susan Swift. He stated he was disappointed with the lack of support on the resolution to join the immigration coalition stating this sends the wrong message to the community. He stated the economy is the number one issue and expressed his hope that Council would support a reduction in the tax rate to 17 cents. Town Council Meeting of March 25, 2008 Page 21 M. MAYOR'S COMMENTS Mayor Umstattd expressed support for Council Member Hammier's request for financial statements from the fire department. She disclosed meeting with representatives from Virginia Commerce Bank who stressed how beneficial it is to them to have a concurrent process. She expressed her congratulations to Karen Jones and extended her best wishes to Sandy Wanless and Susan Swift. Council Member Martinez extended his congratulations to Mary Frye, Tara Edmondson and Brenda Norton. N. MANAGER'S COMMENTS Mr. Wells reminded Council of the budget work session scheduled for Thursday, 7:00 p.m. at the airport. He thanked Susan Swift and Sandy Wanless for their service to the Town. He stated members of the Town's Management Team are reading the book The Fred Factor as part of the overall focus on customer service and provided Council with a copy of the book. Further, he stated the annual report has been completed and will be placed on the website. O. ADJOURNMENT On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the meeting was adjourned at 12: 12 a.m., March 26, 2008. .~( L: r\~'D ~'~statt~yor r Town of Leesburg ATTEST: 2008_ TCMIN0325