HomeMy Public PortalAbout2008_05_28
COUNCIL MEETING
May 28, 2008
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Katie Sheldon Hammier, Ken Reid, David Schmidt,
Kevin Wright and Mayor Kristen Umstattd.
Council Members Absent: Vice Mayor Horne and Council Member Martinez
Staff Present: Town Manager John Wells, Deputy Town Attorney Jeannette Irby,
Deputy Town Manager Kaj Dentler, Assistant to the Town Manager Kathy Leidich,
Chief of Police Joseph Price, Director of Engineering and Public Works Tom Mason,
Management Specialist/Deputy Clerk of Council Debi Parry, and Clerk of Council Lee
Ann Green
AGENDA
A. Invocation by Council Member Reid
ITEMS
B. Salute to the Flag was led by Mayor Umstattd
C. Roll Call showing Vice Mayor Horne and Council Member Martinez absent.
D.
Minutes
a. Regular Session Minutes of April 22, 2008
On a motion by Council Member Hammier, seconded by Council
Member Wright, the minutes were passed 5-0-2 (Horne/Martinez absent)
b. Work Session Minutes of May 12, 2008
On a motion by Council Member Hammier, seconded by Council
Member Schmidt, the minutes were passed 5-0-2 (Horne/Martinez absent)
c. Regular Session Minutes of May 13, 2008
On a motion by Council Member Schmidt, seconded by Council
Member Wright, the minutes were passed 5-0-2 (Horne/Martinez absent)
,t~
E. Presentations
1. Certificates of Appreciation - Keep Leesburg Beautiful
Additional volunteers were recognized with Certificates of
Appreciation:
Bruce Pearce
Bryan Beverley
Chris Guererro
Colton Scott
Darren Tagg
James Newland
Joel Cummings
Sam Perkins
Steven Graham
Debbie Payne
Eleanor Void ish
James Woodson
Robert Kaylor
Sally Haufe
Chapman Tagg
Chris Brinton
Cliff Cummings
Connor Brinton
David Graham
Jimmy Guererro
Michael Simmons
Shane Pearce
Clarice Dieter
Edna Shumaker
Gwen Bevan
Kathy Himes
Ryan Merhaut
Wendy Williamson
Town Council Meeting of May 28. 2008
Page 2
2. Environmental Advisory Commission - John W. Tolbert, Jr.
Awards
Virginia McGuire, Chairman, Leesburg Environmental Advisory
Commission, presented the two runners up with Certificates of Appreciation.
Smart's Mill Middle School received a Certificate of Appreciation for their
efforts including recycling, energy reduction, and enhancing wildlife habitats
on school grounds. Shana Shoup received a Certificate of Appreciation for her
improvements to recycling at Freedom Park.
Elizabeth Coates received a John W. Tolbert, Jr. Environmental
Achievement Award for creating an Environmental Club at Heritage High
School that is working to raise awareness of environmental issues such as
recycling and energy conservation for both students and local residents.
Emily Zatorski received a John W. Tolbert, Jr. Environmental
Achievement Award for organizing a community service club that performs
environmental activities such as stream clean-ups and environmental
education.
South Street Under received a John W. Tolbert, Jr. Environmental
Achievement Award for its use of biodegradable items and encouraging
customers to reduce waste with reusable shopping bags and mugs.
3. Fall into the Arts
Bob Steere, Chairman of the Fall into the Arts Committee, stated the
program's primary award is their Purchase Award. He stated this year, the
piece of art that the Committee wanted to purchase was well above their
budget. He stated that Rehau stepped in and donated the necessary amount
to purchase the piece of Art. He presented a painting entitled "Leesburg
Restaurant" by Dan Williams to the Council.
Mr. Steere presented the Digital Arts Award to Mokhtar Youssef for
"Shining Through" and the Mayor's Award to Mary Louise Ravese for "Monarch
Cascade" and the Loudoun County 250th Anniversary Award to Farshad
Ferdowsi for "Serenade".
4. Northern Virginia Transportation Alliance (NVTA) - Bob Chase
Bob Chase, Chairman of the NVTA gave a presentation on
transportation. He noted that the current traffic congestion problems are not
a result of lack of planning. He stated many of the planned roads were not
built because of a feeling that building roads would bring more cars. Mr.
Chase recommended several road projects to relieve regional traffic problems.
F. Petitioners
The petitioners section was opened at 8:35 p.m.
Sandy Kane spoke in favor of keeping the Lawson Road Bridge open.
She stated that the families of Kincaid Forest are landlocked. She requested
that the Lawson Road bridge be kept open until the Battlefield Parkway
connection to Rt. 7 is completed.
Town Council Meeting of May 28. 2008
Page 3
The petitioner's section was closed at 8:07 p.m.
G. Public Hearing
None.
H. Legislation
RESOLUTIONS
On a motion by Mayor Umstattd, seconded by Council Member Hammier, the
following was proposed:
1. Making an Appointment to the Economic Development Commission -
Eunggil Choi
RESOLUTION 2008-73
Making an Appointment to the Economic Development Commission - Eunggil
Choi
The resolution was approved by the following vote:
Aye: Hammier, Reid, Schmidt, Wright, and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Horne/Martinez absent)
CONSENT AGENDA
On a motion by Council Member Wright, seconded by Council Member
Hammier, the following consent agenda was proposed:
1. 250th Anniversary Celebration
RESOLUTION 2008-74
Announcing the Town of Leesburg's 250th Anniversary Celebration
(1758 to 2008)
2. Authorizing Offers to Acquire Easements and Condemnation if
Offers are Not Promptly Accepted for Country Club Estates
Drainage CIP
RESOLUTION 2008-75
Declaring that a Public Necessity and Use Exist, Authorizing an Offer to
Acquire Permanent Easements from PIN 272-38-5124 for the Country
Club Estates Drainage Improvements Project and Authorizing
Condemnation if the Offer is not Promptly Accepted
3. Awarding the Water and Sewer Line On-Call Construction
Contract
RESOLUTION 2008-76
Awarding the Waterline and Sanitary Sewer On-Call Construction
Contract
Town Council Meeting of May 28. 2008
Page 4
4. Authorizing the Town Manager to Execute Federal Aviation
Administration and Virginia Department of Aviation Grants for
Environmental Documentation Required in Connection with
Acquisition of Property on the Southwest Side of the Airport
RESOLUTION 2008-77
Authorizing the Town Manager to Execute Applications for Federal
Aviation Administration and Virginia Department of Aviation Grants for
Environmental Documentation Required in Connection with Acquisition
of Property on the Southwest Side of the Airport
5. Authorizing the Town Manager to Execute Applications for
Federal Aviation Grants for Land Acquisition Consulting
Services Required in Connection with Acquisition of Property
within the North Runway Protection Zone of the Airport
RESOLUTION 2008-78
Authorizing the Town Manager to Execute Applications for Federal
Aviation Grants for Land Acquisition Consulting Services Required in
Connection with Acquisition of Property within the North Runway
Protection Zone of the Airport
The consent items were approved by the following vote:
Aye: Hammier, Reid, Schmidt, Wright and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Horne/Martinez absent)
I REGULAR AGENDA
I. BOARDS AND COMMISSIONS
There were no reports for the Boards and Commissions
J. OLD BUSINESS
There was no discussion of the following items:
1. Parking Summit
2. Future Plans for Cangiano Tract
3. Town Code Amendment - noise related issues
4. Site Plan review time limits
5. SAGE Project Follow-up
6. Log Cabin Visitor's Center
Town Council Meeting of Mav 28. 2008
Page 5
K. NEW BUSINESS (FOR CONSIDERATION TONIGHT)
1. Endorsing a Transportation Statement for the Town of Leesburg
On a motion by Council Member Wright, seconded by Council Member
Hammier, the following was proposed:
MOTION
Endorsing a Transportation Statement for the Town of Leesburg
Council Member Reid requested that the letter be copied to the
Chairman of the Northern Virginia Transportation Authority, Mr. Zimmerman.
The motion was approved by the following vote:
Aye: Hammier, Reid, Schmidt, Wright and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Horne/Martinez absent)
2. Authorizing the Town Attorney to Advertise a Public Hearing to
Amend Section 2-92 through Section 2.1-3 of the Leesburg
Town Code
On a motion by Council Member Wright, seconded by Council Member
Reid, the following was proposed:
RESOLUTION 2008-79
Authorizing the Town Attorney to Advertise a Public Hearing to Amend
Section 2-92 through Section 2.1-3 of the Leesburg Town Code
The motion was approved by the following vote:
Aye: Hammier, Reid, Schmidt, Wright and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Horne/Martinez absent)
3. Authorizing the Town Attorney to Advertise Public Hearings to
Amend Sections 3.10, 3.11 and 7.6 of the Leesburg Zoning
Ordinance
On a motion by Council Member Reid, seconded by Council Member
Schmidt, the following was proposed:
RESOLUTION 2008-80
Authorizing the Town Attorney to Advertise Public Hearings to Amend
Sections 3.10, 3.11 and 7.6 of the Leesburg Zoning Ordinance
Council Member Wright asked whether the 100 day time limit for BAR
action on applications for Certificates of Appropriateness would be included in
this public hearing.
Ms. Irby confirmed that this would not be an amendment to an
existing section, but would be new language.
The motion was approved by the following vote:
Aye: Hammier, Reid, Schmidt, Wright and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Horne/Martinez absent)
Town Council Meeting of May 28. 2008
Page 6
4. Closing of the Lawson Road Bridge at Tuscarora Creek
On a motion by Council Member Reid, seconded by Council Member
Wright, the following was proposed:
RESOLUTION 2008-81
Closing of the Lawson Road Bridge at Tuscarora Creek
Council Member Schmidt asked for a friendly amendment to add
language allowing emergency vehicles as deemed necessary. The friendly
amendment was accepted.
Council Member Reid asked for a friendly amendment to add language
that ensures the gate is not breachable by vehicles. The friendly amendment
was accepted.
The motion was approved by the following vote:
Aye: Hammier, Reid, Schmidt, Wright and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Horne/Martinez absent)
5. Civic Signs
On a motion by Council Member Wright, seconded by Council Member
Reid, the following was proposed with an amendment by Council Member
Wright to add the words "on private property":
RESOLUTION 2008-82
Civic Signs
Council Member Hammier questioned whether the language about
reimbursement could be more specific.
Council Member Reid questioned whether it could be clearly delineated
what the Town would be reimbursing.
Mr. Wells stated the intent was giving as much latitude as possible as
some of the civic groups may be able to have supplies donated. Mr. Wells
noted all the civic groups have not identified themselves.
Ms. Irby noted the cost for rebuilding the structures may be more
expensive than the approved reimbursed amount.
Council Member Reid asked for language specifying that the civic
groups will maintain the signs.
Council Member Wright accepted the amendment.
The motion was approved by the following vote:
Aye: Hammier, Reid, Schmidt, Wright and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Horne/Martinez absent)
Town Council Meeting of May 28. 2008
Page 7
L. COUNCIL COMMENTS
Council Member Reid disclosed a meeting with Jan Zacharias about the
Waterford Development and some BAR issues. He disclosed a conversation with the
Masonic Lodge on Wirt Street. He stated they are confused about the BAR
requirements. He stated he had a meeting with Jeff Sachs and the Petersen
Companies about Crosstrail. He noted the Airport Commission would like to be
included in any meetings with Crosstrail representatives. He stated he was
impressed with the length of service of Town employees at the Town Awards
Ceremony. He suggested the Town patent or market the sewer caps. He thanked
the Mayor for inviting Rabbi Ragozin to perform the invocation at the Swearing-in
Ceremony. He apologized for not being able to attend the Relay For Life, but noted
he would be in Maryland for the Odyssey of the Mind World Championships. He
welcomed supporters to come and cheer on the Harper Park Team. He stated he
appreciated the Memorial Day Ceremony and stated Captain Brizzi and the Mayor did
a fantastic job.
Council Member Wright disclosed meetings with Waterford Development. He
also disclosed a conversation with Mike Banzhaf with regards to Crosstrail. He stated
he had a meeting with Eddie Byrne with Kettler in regards to their Wegman's project.
He stated the Memorial Day Ceremony was excellent and congratulated the Mayor on
an excellent job. He stated the Council is fortunate with the dedicated public
servants who work for the Town. He noted that within 15-20 minutes, the Town
staff had cleaned up the Courthouse lawn so it looked like no one had ever been
there after the Memorial Day Ceremony. He applauded Nagi Elsewaissi for the quick
response to a citizen concern. He reminded everyone that Relay for Life is on
Saturday from 1 p.m. until 6 a.m. on Sunday. He thanked Management Specialist
Debi Parry for her outstanding job coordinating the Government Steps team. He
stated he appreciated the effort throughout Town. He acknowledged that the Police
Department raised around $750 for the team. He stated there are several teams
including Creamer's Crew and M.A.S.H. that include Town residents and employees.
He stated there are 52 teams with about $120,000 raised so far. He noted the
Government Steps have exceeded their goal.
Council Member Hammier thanked the firefighters who put themselves in
harms way. She disclosed a call from Jeff Sachs. She disclosed a meeting with the
DIA and Dieter Meyer as a preview to the ULI Study. She stated she met with the
Waterford Development representatives. She extended her thanks to Captain Brizzi,
the Mayor, and Phil Rusciolelli for the Memorial Day Ceremony. She stated it was
great to see Town employees dressed as service members from different wars. She
congratulated all the employees on the Employee Awards Ceremony and stated the
Council appreciates everything they do. She stated she appreciated the Form Based
Code meeting. She stated she attended the VIP reception organized by the County.
She noted there is Wi-Fi at Panera and stated she appreciated all the great places to
meet in Leesburg. She stated the German Delegation would be coming to Verisign
tomorrow. She congratulated the Tolbert Award Winners. She stated she heard
there was a project done by Heritage High school students developing a database of
trees at Ida Lee. She stated she attended the William Wirt lecture and found it very
informative.
Council Member Schmidt disclosed a meeting with Waterford. He stated there
is another lecture through the Balch Lecture Series on Sunday regarding archaeology
and Leesburg's history. He stated he was extremely proud of the Memorial Day
Ceremony.
Town Council Meeting of May 28. 2008
Page 8
M. MAYOR'S COMMENTS
Mayor Umstattd thanked Brian Boucher for writing the speech she gave at the
Memorial Day Ceremony. She stated he did a wonderful job. She stated Captain
Brizzi was the first speaker who was recruited while in combat in Iraq. She noted he
did a great job. She stated his wife, Lynne Brizzi, was the organizer of the Family
Readiness Group. She stated the Freedom Salute will be held in mid-August. She
stated Tony Howard from the Chamber of Commerce is working on a reception for
the Guard troops who are from all over the state. She stated the Regional
Commission gave a briefing on global warming. She stated the largest emitter of
greenhouse gases is power generation, but waste water treatment accounts for some
emissions. She asked whether the Utilities Department has been approached by the
State and what the implications on more stringent requirements in the future would
be to our process.
Council Member Reid stated the Tree Commission has raised $6,000 towards
their $8,000 goal for the Memorial Grove. He stated they would be bringing a report
to the Council in June. He requested a date for the Parking Summit. He asked for
an update on the dog park, the Izaak Walton lease, and a discussion of unified billing
procedures. He questioned where the Town is on city status. He asked for special
training for Board and Commission chairs with the Mayor. He questioned the 100
year overland relief. He stated the Council needs to have another retreat.
Council Member Wright stated this will be in the second phase of the Design
and Construction Standards Manual rewrite.
N. MANAGER'S COMMENTS
Mr. Wells updated the Council on a potential date for meeting with the Board
of Supervisors. He stated the BaS has stated the best time would be September.
Council Member Wright asked if it would be helpful to meet with them prior to
them working on the budget. He asked whether they could meet with a smaller
group, perhaps those that represent Leesburg.
Council Member Reid asked whether Supervisor's Burk and Kurtz could
arrange this meeting.
Mayor Umstattd asked who sets the meeting agendas.
Mr. Wells stated the smaller group could be suggested as a precursor of a
larger meeting.
Council Member Wright stated there was a discussion amongst the Board
members about a meeting. He stated he felt there was interest in meeting, just
difficulty in scheduling.
Council Member Reid stated it is important for the supervisors to meet with
the current Council.
Mr. Wells stated he does not set the supervisor's schedules, but will try to get
a meeting with them as quickly as possible. He stated he would do his best to get
them to commit to a date.
Town Council Meeting of May 28. 2008
Page 9
Mr. Wells stated Mr. Mason and his staff will be organizing a community
shredding event on June 28 at Heritage High School. He stated it will be free to
Town residents.
O. ADJOURNMENT
On a motion by Council Member Wright, seconded by Council Member
Hammier, the meeting was adjourned at 9:30 p.m.
4J~l"f~~
Kristen C. Umstattd, Mayor
Town of Leesburg
2008_ TCMIN0528