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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