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HomeMy Public PortalAbout2008_06_24 COUNCIL MEETING June 24, 2008 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: Katie Sheldon Hammier, Susan Horne, Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: Council Member Schmidt Staff Present: Town Manager John Wells, Deputy Town Attorney Jeanette Irby, Assistant to the Town Manager Kathy Leidich, Director of Engineering and Public Works Tom Mason, Zoning Administrator Brian Boucher and Clerk of Council Lee Ann Green AGENDA A. Invocation by Vice Mayor Horne ITEMS B. Salute to the Flag was led by Council Member Hammier C. Roll Call showing Council Member Schmidt absent. D. Minutes 1. Work Session Minutes of June 9, 2008 On a motion by Vice Mayor Horne, seconded by Council Member Reid, the minutes were passed 6-0-1 (Schmidt absent) 2. Regular Session Minutes of June 10, 2008 On a motion by Vice Mayor Horne, seconded by Council Member Reid, the minutes were passed 6-0-1 (Schmidt absent) E. Presentations 1. Proclamation - National HIV Testing Day On a motion by Council Member Martinez, seconded by Council Member Hammier, the Proclamation was passed 6-0-1 (Schmidt absent). 2. Certificates of Appreciation - Relay for Life On a motion by Council Member Martinez, seconded by Council Member Wright, the Certificates were passed 6-0-1 (Schmidt absent). Kevin Wright Katie Wright Doris Martinez Hillary Martinez Wendy Wickens Marantha Edwards Annie McDonald John Wells Debbie Cooke Mary Frye Lee Ann Green Jennifer Marcus Annie Carlson Jeanette Irby Dena Wright Marty Martinez Whitney Martinez Jacob Martinez Kristen Cobb Noel Edwards Renee LaFollette Debbie Wells Crystal Richards Terry Frye Tami Watkins John Marcus Andy Oster Katie Hammier Town Council Meeting of June 24. 2008 Page 2 Rich Hammier Melanie Miles Leesburg Police Ron Petrella Dave Butler Ara Bagdasarian Karen Caminiti Betsy Creamer 3. Certificates of Appreciation - Outgoing Board and Commission Appointees On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the Certificates were passed 6-0-1 (Schmidt absent) Richard Allen Lanham Jan Joseph Sandra Lee Kane Bill Whyte Judy Craun Oliver Peters, Jr. R. Max Peterson Neely Law Tracy Coffing Lou Etta Watkins Michael Ricciardelli David S. Butler 4. Certificates of Appreciation - Leesburg Police Annual Poker Run On a motion by Council Member Hammier, seconded by Council Member Martinez, the Certificates were passed 6-0-1 (Schmidt absent) Donna Wolff Matthew Wolff Tyler Wolff Delcie McCartney Kristen McCartney Andy McCartney Mark McCartney Jr. Evan Kresch - Bob Evans Restaurant Tom Kunz Jim Shafer J. B. Anderson Carl Opauski Tom Tellez - Anita's New Mexico Style Mexican Food Brooke Glomb - Anita's New Mexico Style Mexican Food Randy Davis - PPI Digital Wayne Hyatt - Loudoun County Parks and Recreation Leesburg Police Citizens Support Team s. Special Presentation - Vice Mayor Susan B. Horne 6. Bid Opening - Leesburg Executive Airport, Corporatel Commercial Hangar Pad Lease F. Petitioners The petitioners section was opened at 8:24 p.m. Sandy Kane, 815 Kenneth Place, gave information regarding the Loudoun Symphony. She stated the Loudoun Symphony would have its first performance on June 29 at 3 p.m. at the Franklin Park Performing Arts Center in Purcellville. She thanked Vice Mayor Horne for spending time with each of her commissioners to ensure she knew what was going on in each Board and Commission. Frank Hinkle, 301 Lafayette Place, S.W. thanked the Council in advance for vacating the building restriction line in his neighborhood. He stated he would like to build a porch. He thanked Lee Phillips for all his assistance in getting this old building restriction line removed. Town Council Meeting of June 24. 2008 Page 3 Tiffany Hawkins, 303 Lafayette Place, S. W. thanked Lee Phillips for assisting the neighbors in removing the building restriction line in their neig h borhood. Judy Kozacik, 7 Wirt Street, N.W., handed out information regarding Pocket Parks. Ms. Kozacik urged Council to develop the Loudoun Street property on either side of the garage entrance as a pocket park citing the success of pocket parks in other jurisdictions. Ed Fleming, 224 North King Street, spoke on behalf of creating a pocket park on Loudoun Street. He stated it could be a community asset and would support an authentic downtown. K.D. Kidder, co-owner of Photoworks, stated the Log Cabin needs to be used as a visitor's center. She stated the Log Cabin needs some green space and urged the Council to create the kind of space that is missing on Loudoun Street. Bruce Dewar, 5 Memorial Drive, stated the revitalization of the RosslynjCourthousejBallston area of Arlington occurred because of farsighted planning. He stated a park on Loudoun Street would provide benefits of cleaner and cooler air. Sally Henderson, 101 Rivanna Terrace, supported the idea of a park by the parking garage, but stated she is here to support off leash hours at parks in Leesburg. She stated the off-leash hours have worked in New York City and allow dogs and people to share park facilities. She provided Council with research she did regarding off-leash hours. Giqi Robinson, 207 Prince Street, stated that off-leash hours are easy on the budget. Melanie Miles, 206 Wirt Street, strongly encouraged the Council to think about what to do with the Loudoun Street side of the parking garage. She stated we can keep the space green and enhance it. Linda Shotton, 232 Edwards Ferry Road, stated we have an opportunity to put some of the green canopy back in Leesburg. She stated a small capital investment in currently unused land would provide a great benefit. Phil Dailey, stated he is a volunteer at Rust Santuary. He asked Council to do what it can to put sidewalks or a marked walkway on the bridge over the bypass. Randy Minchew, 330 West Market Street, stated he would miss Vice Mayor Horne. He related a story of vandalism that was cleaned up by Town staff. He also related that one of his clients had received a notice of condemnation by Dominion Virginia Power. The petitioner's section was closed at 9: 10 p.m. Town Council Meeting of June 24. 2008 Page 4 G. Public Hearing 1. Loudoun Baptist Temple The public hearing was opened at 9: 11 p.m. Brian Boucher gave a presentation on this application. He noted this area is depicted as a downtown use on the Land Use Policy Map of the Town Plan. He stated the church use is an allowed use. Vice Mayor Horne questioned whether they have a plan to provide the additional ten needed parking spaces. Mr. Boucher stated that some of the spaces would be provided off-site at the 50 Catoctin Circle or the Catoctin Circle Center property. He stated that the applicant has a letter from the owner of the Catoctin Circle Center property showing an intent to allow the usage of some spaces for Sunday services. Council Member Martinez questioned whether the neighbors have had any input in this process. He stated he was concerned about the mass of the proposed addition. He questioned whether enhanced buffering would be required. Mr. Boucher stated he had heard from one neighbor, who was against the application. He stated that another neighbor, Larr Kelley, has dealt directly with the applicant. Council Member Hammier questioned the timing of the light at Edwards Ferry and Catoctin Circle. Tom Mason stated the phasing shows the design finished in the fall with work to begin in the spring. He stated the signal funding is from proffered money from the Courts rezoning. Council Member Wright verified the material of the fence would be wood, not wood or vinyl. John Hester, assistant pastor of Loudoun Baptist Temple, gave a brief history of the church. He stated their mission and vision is to produce mature Christians impacting the world. Eric Zicht, engineer for the applicant, stated they are trying to provide for the congregation. Council Member Hammier questioned the timing of the construction. Mr. Zicht stated it would probably be about two years before work would begin. He stated there is a major fund raising effort ahead of them, but they need the approvals to get money. Nanny Lanham, stated she is a parishioner of the church and the next door neighbor. She requested that the required fence not be erected between her property and the church. Town Council Meeting of June 24, 2008 Page 5 Larr Kelly, 404 Edwards Ferry Road, stated the Planning Commission made some adjustments to the buffer and he is pretty content with the changes they made. He requested more information on the minimum size of the plantings. He stated the size and massing of the building are too large for the site. Pam Breithaupt, 112 N. Harrison Rd., Sterling, stated that she and her family love Leesburg. She stated they shop in Leesburg and care about the area. She stated that 50% of the families patronize Leesburg restaurants and businesses between services. Dana Eddy, 114 Catoctin Circle, stated she opposes the expansion. She stated she did not know the details of the proposal, but was concerned about the size and its impact on the neighborhood. She stated parking is a huge concern. Chris Redkay, 350 Hedgestone Terrace, stated he is in favor of the application. He stated he and his wife are members of the congregation. He stated they were welcomed by everyone in the church. Nestor E. Anonas, stated he is new to Leesburg. He stated they are looking for a way to make the church their church. He stated he has purchased a home on Nottoway Street. Janet L. Pickering, 19101 Young Cliff Road, Sterling, stated she has been a member of the Loudoun Baptist Temple for 33 V2 years. She stated very positive things have happened because of LBT. She stated she is the organist and piano accompanist for the choir. Sharon Nichols. 507 Valley View Avenue, S.W. stated she and her husband have been at the church for 21 years. She stated the church should stand out in the community, it is meant to be a permanent place in the community. James Breithaupt, stated he is grateful to the ministry. He stated the reason for the expansion is that lots of children and families need assistance and he would rather have young people grow up in a wholesome environment rather than running around the streets. Reverend Nichols, stated the church only wants to double their seating capacity. He stated over the 34 years the church has been in Leesburg, hundreds of families have been helped. Council Member Hammier questioned whether additional services could be added so that there would not be a need for so many seats. Reverend Nichols stated that would divide the family and they want to have everyone at a service together. Council Member Wright questioned what the minimum size of the plantings would be. He also confirmed the parking conditions. He also asked Town Council Meeting of June 24, 2008 Page 6 to clarify the record of the timing of the CIP project for the stoplight as being FY 2011. Mr. Zicht stated they would agree to a minimum of six foot plantings of either Arborvitae or Leyland Cypress. Mr. Boucher stated that there is enough parking for Phase 1. He stated Phase 2 cannot begin until parking non-revocable parking easements are in place. Mr. Wells stated the parking is affected by the Lowenbach CIP project. He stated the church has worked quite cooperatively with staff. He stated the street CIP improvements will move forward, but the signal will be discussed at a different time. He stated there is some question as to whether the signal will be needed or desired as the neighborhood opposes the removal of the four way stop signs. Mr. Zicht stated each phase will go through the site plan process and stand on its own merits. He stated Phase 1 parking has been resolved and that Phase 2 is 10-15 years away which gives the church plenty of time to resolve the off-site parking issues. The public hearing was closed at 10:52 p.m. Mayor Umstattd questioned what the Planning Commission minority position was. Mr. Boucher stated overall size was the major concern. On a motion by Vice Mayor Horne, seconded by Council Member Wright, the following was proposed: RESOLUTION 2008-86 Approving Special Exception TLSE 2007-0009, Loudoun Baptist Temple located at 412 Edwards Ferry Road, N.E., to Permit Expansion of an Existing Place of Worship Use Council Member Wright moved a friendly amendment to ensure that there is a minimum of six feet on all bushesjtrees. The motion was seconded by Vice Mayor Horne. Council Member Hammier made a motion to defer to allow neighbors the opportunity to discuss size of the addition and parking concerns with the applicant. The motion failed for lack of a second. Council Member Hammier stated for the record, she is moved by the testimony of the members of the congregation. She stated she has her ears open for neighborhood concerns. She stated she is concerned with the enormity of the building and the traffic particularly since people will be entering and leaving the church over a small window of time. Town Council Meetinq of June 24. 2008 Paqe 7 The motion was approved by the following vote: Aye: Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: Hammier Vote: 5-1-1 (Schmidt absent) 2. Amending Leesburg Town Code regarding Boards and Commissions The public hearing was opened at 11 p.m. Council Member Wright stated this ordinance change will clean up several problems with the section of the code. He noted several small changes to bring the proposed code into alignment with state and federal requirements were made. Mayor Umstattd stated it is very difficult to ask small businessmen and women to take time off from work to go to certification classes. She requested a change from "all members are required" to "all members are strongly encouraged" to complete certification classes. Vice Mayor Horne stated she preferred the requirement of completion of certification classes. She stated the complexity of land use issues has increased which requires Commission members to be better schooled and well versed in land use. Mayor Umstattd stated we make a fundamental mistake by limiting positions to those who can afford to take time off from their regular jobs. Council Member Hammier pointed out that the Planning Commission is a recommending body to the Council. She noted they should not require the Planning Commission to complete certifications that the Council is not required to complete. She stated the Council should mandate its own certification. Council Member Martinez stated he was concerned that all the Boards and Commissions have not had an opportunity to review the proposed changes. He made a motion to table, which failed for lack of a second. Virginia McGuire stated the system of Boards and Commissions brings bureaucracy and expense, but gives an opportunity for more citizen input. She stated she supported requiring Boards and Commissions appointees to be either landowners or business owners with a minimum of four of the seven members being residents. She stated that Councilmanic representatives are important, but supports voluntary attendance at meetings. Teresa Minchew, 330 West Market Street, stated she had not received a copy of the proposed code until today. Council Member Wright noted that the BAR, BZA, and Planning Commission regulations are governed by the Zoning Ordinance. JB Anderson asked Council Member Wright to read his comments into the record. "As far as the commitment from Councilmanic to Commission, I have not had any problems with the attendance of either Council Members Town Council Meeting of June 24, 2008 Page 8 Martinez or Hammier in my term as Chair of the Cable Television Advisory Commission. The ongoing communication lines by phone, email and face to face contact has always been excellent and the support from the same, excellent. I see no reason to commit any Councilmanic to any requirement to attend meetings as long as the same mechanisms of communication are kept and respected by all. Second, the need for the Cable TV Advisory Commission's high level of intensity continues to be critical as we move towards franchise renegiotiations and improved PEG program understandings, linkages and participations. Our commission is now very involved and has definitive linkage to the County Cable Commission since Oliver Peters is a member of both commissions. Third, our other subcommittee involvement and several of our other responsibilities continue to be moving forward as Council has directed in recent months. Fourth, we established linkage between both IT and Cable with the provision of Evan MacBeth as our intercommission liaison as well as Oliver Peters with Loudoun County to ensure ongoing solidified service and programming. As you have seen in our report to Council, at work shops and meetings we are a very active and progressive group of specialists who have focused on providing Leesburg Citizens with the best efforts we can put forward to ensure quality service and support to the customers from both cable franchises, active emergency alerting systems, PEG channel usage, franchise agreements and necessary ordinances. If you chose to merge the groups, please make sure you give serious attention to the success and commitment including the professional backgrounds of our Cable Commission members to provide that continued service. Thanks to all Council Members for your support and welcome to our newest elected members. We look forward to serving everyone with the same great efforts and success. Mr. Anderson stated he is concerned about the residence issue. He stated he firmly believes the residents serving on the commissions and committees have a vested interest in our hometown. He strongly urged that the requirement remain for residents of Leesburg because they are protecting their own environment and whats best for their community. He stated he has had no problems as a chair person with Council Member Martinez and Council Member Hammier. He stated the Cable Commission will aggressively Town Council Meetinq of June 24, 2008 Page 9 continue pursuing their functions until otherwise directed by Council. He stated he is very concerned that he has a strong commission with everyone very involved. He stated his main concern is to not lose momentum. He suggested several options to Council to not lose any of the current Commission members. He suggested keeping the current roster of Cable Commissioners and adding a few others. Judy Craun stated she does support the resident issue for a very practical reason. She stated residents of Leesburg are at almost every meeting. She stated bad weather can keep out of town members from attending as many meetings. James Roberts. of the Balch Library Commission expressed his concern that the Balch Library Commission needs to have members from all over the County. Council Member Wright stated that the Balch Library Commission, the Economic Development Commission, and the Airport have broader residency requirements than the rest of the Boards and Commissions. The public hearing was closed at 11 :32 p.m. Council Member Reid encouraged his colleagues to act at this meeting on this piece of legislation. He encouraged the consolidation of the IT Commission and the Cable Commission. Vice Mayor Horne asked that consideration be given to Mr. Anderson's suggestion of adding additional members to the merged IT/Cable Commission. On a motion by Council Member Wright, seconded by Vice Mayor Horne, the following was proposed: ORDINANCE 2008-0-17 Appealing, Amending and Reordaining Sections 2-87 through 2-91.5 (Compensation for Boards and Commissions), Membership Requirements for Appointments; Responsibility of Members; Combining Cable and Information Technology Commissions, Sections 2-92 and 2-93 (Environmental Advisory Commission), Sections 2-94 and 2-95 (Balch Library Advisory Commission), Sections 2-96 and 2- 97 (Tree Commission), Sections 2-98 and 2-99 (Information Technology Commission), Sections 2-100 and 2-101 (Commission on Public Art) and Sections 2.1-1 through Section 2.1-3 (Airport Commission) of the Leesburg Town Code Council Member Wright suggested keeping the six people from the two commissions whose terms have not expired and adding four new appointees. Council Member Martinez made a motion to table. The motion was seconded by Mayor Umstattd. Town Council Meetinq of June 24, 2008 Page 10 The motion to table failed by the following vote: Aye: Martinez and Mayor Umstattd Nay: Horne, Hammier, Reid and Wright Vote: 2-4-1 (Schmidt absent) Mayor Umstattd offered an amendment to change language on page 17 regarding the Planning Commission to "all members are strongly encouraged to complete the Virginia Certified Planning Commissioner..." Council Member Reid seconded the amendment. Council Member Martinez stated he does not disagree with this change; however, he will not support this ordinance change until the Boards and Commissions have had a chance to fully examine the changes and respond. He stated it is a disservice to ask for public input and not ask for the same consideration for the Boards and Commissions. Council Member Hammier questioned whether the Certified Planning Commissioner course could be brought to Leesburg to make it logistically easier for Commission members to participate. The amendment was accepted by the following vote: Aye: Hammier, Reid, Wright and Mayor Umstattd Nay: Horne Vote: 4-1-1-1 (Martinez abstaining/Schmidt absent) Council Member Reid offered an amendment to strike "or business owners" from Page 5 i and to strike paragraph 4 on page 6. The amendment failed for lack of a second. Council Member Reid offered a friendly amendment to change the word "ensure" to "foster" on page 13. The friendly amendment was accepted by Council Member Wright and Vice Mayor Horne. The ordinance change with amendments was approved by the following vote: Aye: Horne, Hammier, Wright, Reid and Mayor Umstattd Nay: Martinez Vote: 5-1-1 (Schmidt absent) Jeanette Irby stated she will make scriveners changes to page 7 prior to signature. 3. Approving TLOA 2008-0003 Zoning Ordinance Text Amendments to B.A.R. Appeals Review Standards and to Set a Time Limit for B.A.R. Review The public hearing was opened at 11:50 p.m. Brian Boucher stated this amendment seeks to change two ordinances in the H-1 and H-2 with regards to appeals. It will give the Council more Town Council Meeting of June 24, 2008 Paqe 11 flexibility to review BAR decisions on appeal in the H-l and H-2 districts. The part of the amendment seeks to amend the time limit in which the BAR must render its decision on any application in the H-l and H-2 districts. He stated the third amendment takes some language out of the design criteria to make it consistent with appeal language elsewhere. He stated the Planning Commission held a public hearing on these ordinance amendments last Thursday night. He stated they recommended some changes to the ordinance changing de novo review to an appeal that relies on the record before the BAR and holds the Council to the same rules that apply to the BAR in the Zoning Ordinance. He also stated they wanted to extend the deadline from 60 days to 75 days. Scott Gustavson, 15 North King Street, stated he is here tonight in the capacity of a member of the Board of the Downtown Improvement Association. He stated the Downtown Improvement Association supports the countless hours the Board of Architectural Review gives the community in an effort to protect and enhance the downtown. He stated based on a review of the code changes, the DIA Board of Directors believes the Council should consider the following: First, the DIA opposes any change to the appeals process that would substitute the Town Council's opinion over any BAR findings. With regards to the Zoning Ordinance governing the BAR, the DIA believes the BAR composition and appointment process should ensure that each appointed member of the BAR possess a minimum level of professional expertise. Specifically, he stated the appointment process should require that at least three members be licensed architects. In addition, he stated the BAR member candidates should, if necessary, be broadened to include those qualified persons who may not live in the Town, but in the county. Further, he stated the DIA suggests that the BAR commissioners should be selected at large rather than having each commissioner appointed by an individual member of the Town Council, as is currently the case. Finally, he stated the BAR should be composed so that it is capable of informed decisions based on the design guidelines conforming to the Zoning Ordinance within a time bound process. He stated it should take no longer to approve the process than it takes to build it. Paul Reimers, 217 Cornwall Street, stated he is an unlikely ally to oppose BAR changes substituting Council judgment over BAR judgment. He stated he has been to about 75-100 BAR meetings and 99% of the time, they come to the correct decision. He stated that changing the appeals process may increase the number of late nights the Council has to spend reviewing BAR appeals. Dieter Meyer, BAR member, stated the 75 day time limit is a natural compromise between 60 and 100. He stated the applicant should have the ability to waive the time limit. He stated he does not agree with modifying the current appeals process, although rules of procedure should be established. He stated he believes the decisions should be made by the Council appointed panel of experts since the BAR possesses the unique skills set necessary to administer the provisions of the Zoning Ordinance related to historic districts. He stated in order to ensure a highly skilled BAR is appointed, the Council should amend its BAR appointment process. He stated the proposed appeals process would ensure that any controversial case would be retried by Council. He stated the BAR would only be an intermediary step Town Council Meeting of June 24. 2008 Page 12 to the actual decision making body, adding 60-120 days or more to the approval process. Teresa Minchew, BAR member, stated she understands that there are frustrations with the current parameters for BAR appeals; however, she believes that the proposed changes are premature. She stated there are many other changes coming including revised guidelines and the changes in the permit process. She stated the BAR members are bewildered by why the changes are being pushed through. She stated these proposed changes will fundamentally change the way decisions are made in the Old and Historic District and the H-2. She stated this will open a Pandora's box causing many more appeals. She stated there is really very little to deter any aggrieved party from appealing. She stated the fee may deter some homeowners, but not large developers. She stated language regarding what the Council is able to consider and what the BAR must consider are very different. Richard Koochagian, BAR member, 212 Loudoun Street, S. W. stated he did not feel this process change has been well scrutinized. He stated that this ordinance change will open a floodgate of unhappy applicants. Tracy Coffing, BAR member, 17 Cornwall Street, stated she agrees with the comments of the other BAR members. She stated the Chair of the Planning Commission suggested the ordinance changes are premature. She stated there has been little opportunity for public input. She stated the Council may be able to consider other factors besides appropriateness causing decisions to be made for reasons that might be considered to be political. She stated in 2006 only three cases out of 145 were denied. The public hearing was closed at 12: 14 p.m. On a motion by Council Member Reid, seconded by Council Member Wright, the following was proposed: ORDINANCE Approving TLOA 2008-0003 Zoning Ordinance Text Amendments to BAR Appeals Review Standards and to Set a Time Limit for BAR Review Council Member Wright stated he is struggling with this ordinance change. He stated the idea was to make the playing ground for appeals the same. Council Member Martinez agreed stating the BAR needs to be consulted about this. He made a motion to table. Vice Mayor Horne seconded the motion to table. The motion to table was approved by the following vote: Aye: Hammier, Horne, Martinez, Wright, and Mayor Umstattd Nay: Reid Vote: 5-1-1 (Schmidt absent) Town Council Meetinq of June 24, 2008 Paqe 13 H. Legislation CONSENT AGENDA On a motion by Vice Mayor Horne, seconded by Council Member Wright, the following consent agenda items were proposed: 4. Prospect Hills, Section 2A: Vacation of a 35' Building Restriction Line ORDINANCE 2008-0-16 Eliminating a 35' Building Restriction Line on All Lots within Prospect Hills Section 2A 5. Accepting the Virginia Municipal League "Go Green" Initiative RESOLUTION 2008-87 Accepting Town Participation in the Green Government Challenge 6. Execution of Rehau Sales Contract for Purchase of Easement for Battlefield Parkway RESOLUTION 2008-88 Authorizing the Mayor to Execute the Second Amended Contract to Purchase Right of Way from Rehau The consent agenda was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Schmidt absent) REGULAR AGENDA 7. Virginia Department of Transportation Urban Construction Initiative On a motion by Council Member Wright, seconded by Mayor Umstattd, the following was proposed: RESOLUTION 2008-89 Intent to Join the Virginia Department of Transportation Urban Construction Initiative Council Member Reid stated he could not support this item because he needed more answers regarding staff time needed to administer this program. Council Member Hammier verified that this resolution would not bind the Town into participation. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Wright and Mayor Umstattd Nay: Reid Vote: 5-1-1 (Schmidt absent) Town Council Meetinq of June 24, 2008 Page 14 8. Offer to Purchase Easement by Dominion Virginia Power Council Member Martinez proposed the following motion, seconded by Council Member Wright: RESOLUTION 2008-91 Rejecting an Offer to Purchase Easement By Dominion Virginia Power Council Member Wright stated this was premature. Vice Mayor Horne requested a better map the next time Dominion approaches the Town to purchase an easement. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Schmidt absent) Council Member Hammier requested the Town Attorney contact the other confused landowners and let them know that Dominion Virginia Power does not have Right of Eminent Domain. She stated it is important to reiterate the steadfast support for the undergrounding of power lines. John Lovin, an attorney with McGuire Woods, representative for Dominion Power, stated he understands the position the Mayor and Council took. He stated Dominion is willing to work through the Town Attorney. I. Boards and Commissions There were no Boards and Commissions reports. J. Old Business 1. Future Plans for Cangiano Tract 2. Site Plan review time limits K. New Business (For Consideration at Tonight's Meeting) 1. Heritage Tree On a motion by Vice Mayor Horne, seconded by Council Member Reid, the following was proposed: RESOLUTION 2008-90 Declaring a Heritage Tree The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Schmidt absent) L. New Business (For Consideration at a Future Meeting) There was no discussion on the items below. 1. Luckett's Bypass - Update on the Benefits/Disadvantages of a bypass around Lucketts. 2. VDOT/CTP Presentation - Invite VDOT and the County to August meeting to: Town Council Meeting of June 24, 2008 Page 15 a. Update on CTP b. VDOT projects in the County i. Sycolin Road Paving ii. Additional lanes on Rt. 7 3. Setting a Date for the Parking Summit 4. Crosswalks on Battlefield Parkway in Exeter 5. County Jail prisoners - Memo Update 6. Setting a Date for a Town Council Retreat 7. Charter Bill and Review Panel - Changes to the Charter for the 2009 session L. COUNCIL COMMENTS Council Member Reid disclosed meetings with Sam Legard about flight photos. He disclosed meetings regarding Stonewall Business Park and with Sam Adamo about the BLA for the new high school. He stated he had a phone call from Ben Leigh regarding the Bates Trucking case. He stated he spoke with Barbara Notar, who works with Andrew Fontaine. He reminded everyone about the fundraiser for the injured firefighter, John Earley, at the Leesburg Volunteer Firehouse on Saturday. He stated there has been a lot of discussion about stores closing in Leesburg. He stated it is unfair to blame the Town. He stated he was in Chapel Hill over the weekend and stores are closing there, too, and this is due in large part to the economy. He stated he is eager to see the revisions to the Design and Construction Standards Manual, particularly those regarding flood control. He questioned why the Town spent $8,000 to sponsor a luncheon for the Journey Through Hallowed Ground in Orange County. Mr. Wells stated the $8,000 was the Town's total contribution to the Journey Through Hallowed Ground, which entitled the Town to several seats at the luncheon. Council Member Wright disclosed a meeting with Peter Kalaris in regards to Meadowbrook. He stated he had a phone call from Ben Leigh regarding the Bates Trucking case. He gave the Council an update on the AADP committee meeting last week. He stated there would be another meeting on July 30. He stated they would be finalizing a document that would come forward to Council and the Board of Supervisors with bullet points as to what would be negotiated in the annexation agreement. He stated the final recommendations will come forward in August. He stated the Form Based Code Committee met last week and stated a joint meeting would be scheduled between the Planning Commission and the Town Council. Council Member Hammier disclosed meetings with Council Member Reid and Sam Adamo about the high school. She thanked Brian Rolston for his service to the Standing Residential Traffic Committee and reminded everyone this would be his last month. Council Member Martinez disclosed a meeting with Michael O'Connor. He stated Project Graduation was a complete success. He stated he would miss Vice Mayor Horne and offered his support to the idea of a pocket park. Vice Mayor Horne reminded the Council of things that were important to her that she hoped would stay on the Council's agenda. She stated an annual report is important to keep key stakeholders informed. She stated it conveys the brand and accomplishments of the Town. She stated she attended the ribbon cutting for the Water Treatment Plant expansion and was reminded that Leesburg's water treatment Town Council Meeting of June 24, 2008 Page 16 plant is a model for the state and the nation. She stated it gives us a lot to be proud of. She stated the Log Cabin use needs to stay on the radar screen. She suggested putting bathrooms behind the cabin and using it as a visitor's center. She stated a pocket park on Loudoun Street would connect the community. She asked that the Council be good stewards of this wonderful community. She quoted Mark Twain by saying "20 years from now you will be more disappointed by the things you did not do than the things you did do". M. MAYOR'S COMMENTS Mayor Umstattd disclosed she had a conversation with Ben Leigh about the trash contract. She stated she would really miss Vice Mayor Horne. She asked that Vice Mayor Horne keep them posted on her activities. N. MANAGER'S COMMENTS Mr. Wells stated on behalf of himself and all of the staff, that Vice Mayor Horne has represented what good government is all about. O. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Wright, the meeting was adjourned at 1:02 a.m., Wednesday, June 25, 2008. ~()~ C~~mstattd, Mayor ( Town of Leesburg