HomeMy Public PortalAbout2008_11_12
COUNCIL MEETING
November 12, 2008
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: David S. Butler, Thomas S. Dunn, II, Katie Sheldon
Hammier, Ken Reid, Kevin Wright and Mayor Kristen Umstattd.
Council Members Absent: None
Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Town
Attorney Jeanette Irby, Director of Public Works Tom Mason, Deputy Director of
Planning and Zoning Brian Boucher, Assistant Director of Capital Projects
Management Tom Brandon, Comprehensive Planner David Fuller, Environmental
Planner Irish Grandfield, Management Specialist/Deputy Clerk Debi Parry and Clerk
of Council Lee Ann Green
AGENDA
1. Call to Order
ITEMS
2. Salute to the Flag was led by Council Member Dunn
3. Invocation was lead by Vice Mayor Hammier
4. Roll Call showing all members present
5. Minutes
a. Work Session Minutes of October 14, 2008
On a motion by Council Member Butler, seconded by Council Member
Wright, the minutes were passed 7-0.
b. Regular Session Minutes of October 28, 2008
On a motion by Council Member Butler, seconded by Council Member
Wright, the minutes were passed 7-0.
6. Adopting the Meeting Agenda (Amendments and Deletions)
On a motion by Council Member Reid, seconded by Council Member Butler,
the meeting agenda was approved by a 7-0 vote.
7. Presentations
None
8. PETITIONERS
The Petitioners section was opened at 7:37 p.m.
Neelv Law, 213 Lawford Drive, S. W., stated she is here as the Chair of the
Environmental Advisory Commission and the Leesburg Watershed Committee. She
stated she is here to let the Council know they will be foresting the first dry pond in
the Town of Leesburg on November 22. This was made possible through a grant
administered by the Piedmont Environmental Council and many other sponsors. She
stated the trees will be planted on the perimeter of the Kincaid Forest dry pond.
Town Council Meetinq of November 12. 2008
Page 2
Larry Stuart, 528 Deermeadow Place, S.W., stated he and his wife saw a
notice posted at the corner of King Street and Meade Drive. He stated he is
concerned a road will be put through the wetlands area. He stated there is a lot of
wildlife there and a road would be very counterproductive.
Charles Treadway, 511-D Constellation Square, stated he is concerned about
the rezoning of a parcel of land behind "Walden Park". He stated he is representing
about 100 people and will return to the Council meeting when this item is discussed.
He questioned the Town Attorney about the land behind Walden Park. He asked
whether Federal wetlands regulations prohibit development on the property and
whether the Town can override Federal regulations.
Ms. Irby stated the Town cannot override Federal regulations. She stated she
would check on whether the area is considered a Federal wetland.
The Petitioners section was closed at 7:45 p.m.
9. ADOPTION OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member
Dunn, the following consent items were proposed:
a. Authorizinq an Agreement and Approving a Performance Guarantee
and Water and Sewer Extension Permits for Tavistock Office Park
RESOLUTION 2008-161
Authorizing an Agreement and Approving a Performance Guarantee
and Water and Sewer Extension Permits for Tavistock Office Park
b. Making a Reduction of the Performance Guarantee for Village at
Leesburg - Russell Branch Parkway East
RESOLUTION 2008-162
Making a Reduction of the Performance Guarantee for Village at
Leesburg - Russell Branch Parkway East
c. Requesting the Virginia Department of Transportation (VDOT) to
Accept a New Street
RESOLUTION 2008-163
Requesting the Virginia Department of Transportation (VDOT) to
Accept an Additional Street
d. Design Chanqe Order for Battlefield Parkway/Edwards Ferry Road to
Fort Evans Road Easement
RESOLUTION 2008-164
Approving a Change Order for Battlefield Parkway/Edwards Ferry Road
to Fort Evans Road Easement
e. Condemnation if Offer is not Accepted for Edwards Ferry Road at
Colonial Square CIP
RESOLUTION 2008-165
Town Council Meeting of November 12. 2008
Page 3
Authorizing Condemnation if Offer is Not Accepted for Edwards Ferry
Road at Colonial Square CIP
f. Authorizing Offers to Acquire Easements for Dry Mill Road/Wage
Drive/Anne Street Stormwater Drainage Proiect
RESOLUTION 2008-166
Authorizing Offers to Acquire Easements for Dry Mill Road/Wage
Drive/Anne Street Stormwater Drainage Project
g. Awarding the Instrument Landing System OLS) Grading Desiqn
Contract
RESOLUTION 2008-167
Awarding the Instrument Landing System (ILS) Grading Design
Contract
h. Authorizing Offer to Acquire Additional Easement from the West Park
Golf Club and Authorizing Condemnation if the Offer is not Accepted
for the South King Street Trail. Phase I
RESOLUTION 2008-168
Authorizing Offer to Acquire Additional Easement from the West Park
Golf Club and Authorizing Condemnation if the Offer is not Accepted
for the South King Street Trail, Phase I
The motion was approved by the following vote
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
10. PUBLIC HEARINGS
a. Amendinq Various Sections of the Leesburq Town Plan and Appendix B
of the Town Plan
The public hearing was opened at 7:47 p.m.
David Fuller described the proposed amendments. He stated two
amendments affect policy as a result of changes in circumstance. He stated
the remaining five amendments do not change policy. He stated one of the
amendments would clarify that no new auto-related uses are envisioned for
the Rt. 7 Corridor. He stated this objective conflicts with the Land Use Policy
Map. He stated the amendment would correct the discrepancy. He stated the
classification of North King Street will be corrected to minor arterial corridor.
He stated the next amendment deals with neighborhood commercial
developments that were approved prior to the adoption of the Town Plan. He
stated they should be allowed to develop under the current zoning regardless
of the Town Plan designation. He stated if there is an application to amend
the zoning or special exception, then the Town Plan would be consulted. He
stated this affects three properties, one at the intersection of the Bypass and
Battlefield Parkway, the intersection of Sycolin Road and Battlefield Parkway,
and South King Street between Greenway and Meade Drives. He stated there
is no construction activity on this site, but the property owner has made an
Town Council Meeting of November 12. 2008
Page 4
application to allow something different from the initial approval. He stated
no site plan associated with this proposal has not been submitted.
Council Member Wright stated the process the property owner has
started will generate several submissions and public hearings before Planning
Commission and Council before there can be any change to the currently
approved use.
Mr. Fuller stated they will add text to clarify those sites have
preexisting approvals. He stated Objective 7C in the Community Facilities
and Services Element states there will be no public water or sewer service
extensions in the UGA without agreement between the Town and Loudoun
Water. He stated the change to Appendix B would clarify the figures are
arrived by using 2004 dollars and would need to be adjusted for inflation.
Mr. Fuller stated one of the items that deal with policy is the creek
valley buffer along the portion of Town Branch in the Historic District. He
stated the Town Plan currently has an objective that talks about providing
buffers to the streams in the Town. He stated 1A has been slightly reworded
to clarify the size of the streams and setbacks. He stated they are proposing
the buffer be waived in that area because of existing development and plans
for intensive development in the downtown.
Mayor Umstattd questioned why this is a good idea.
Mr. Fuller stated they want to take advantage of the stream as an
amenity to adjacent development. He stated the idea is to allow people to
come to this portion of the stream to enjoy it. He stated this is in recognition
that there is no buffer there at this time. He stated this does have its
dangers. He stated Town Branch is currently heavily degraded with
stormwater runoff. He stated the mitigation measures required would help
with this.
Mr. Fuller stated the final amendment will deal with the piece of
property behind the Bloom Grocery store. He stated they were originally too
restrictive only allowing medium density residential uses. He stated current
uses in the area could discourage residential uses.
Council Member Dunn stated he was concerned about making changes
because of the intent of those who participated in writing the Town Plan in
2005. He questioned who the participants were.
Mr. Fuller stated in addition to the Planning Commission and Town
Council, there were regular meetings with the Economic Development
Commission, Environmental Advisory Commission, Tree Commission and
meetings with the public including visioning meetings.
Mr. Dunn stated he is concerned about harkening back to the intent of
people who were involved in that decision process. He stated we should look
at our needs today. He stated he does not see a difference between the
current objective #9 and the proposed objective #9. He stated we already
have automobile uses in this area. He questioned why we would try to create
a Town Plan that we cannot adhere to.
Town Council Meeting of November 12. 2008
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Mr. Fuller stated there are existing uses of that type, but over time
they would like to replace them with regional office uses. He stated the
aesthetics are the reason for wanting to replace those uses. He stated the
higher wage jobs attracted by office uses are preferable.
Council Member Dunn stated he was concerned about creating a whole
new class when we are speaking of three specific areas. He stated rather
than creating a whole new class, mention these areas specifically. He noted
under off-site transportation costs, he would like the words "economic
indices" rather than "inflation indices" since the indices might be recessionary.
He commented on the creek valley buffer zone downtown. He questioned
whether we are creating restrictions that might need numerous waivers at a
later date.
Mr. Fuller stated the intent is not to allow waivers elsewhere. He
stated the amendment shown would give policy guidance to change the
ordinance to eliminate waivers.
Council Member Wright questioned whether it would be easier just to
say the creek valley buffer zone regulations will be waived if you meet the use
standards.
Mr. Fuller stated the proposed method was what came out of the
numerous input sessions.
Council Member Wright questioned what "significantly" means in the
wording "mitigation will improve stormwater quality significantly over the
minimum".
Mr. Fuller stated the use of the word "significantly" came out of the
discussions with the Environmental Advisory Commission. He stated when
the ordinance is drafted, "significantly" will be defined.
Council Member Wright stated we continue to have a problem with
differences between the zoning designation and the Town Plan designation.
He commented we need to advise people they need to look at both
documents to fully understand all the possibilities.
Council Member Reid questioned how "auto related" is defined.
Mr. Fuller stated auto dealership and auto service uses hit the main
points of what they were trying to accomplish. He stated auto related could
mean a large car rental facility.
Council Member Reid stated he is concerned about this. He stated
"auto related" is too broad. He stated he did not want to restrict an auto
parts store or even a dealership. He questioned in relation to the Stuart's
concern, whether a development plan had been submitted.
Mr. Fuller stated the property owners were applying for a zoning
change.
Town Council Meeting of November 12. 2008
Page 6
Council Member Wright stated, for background information, there were
a couple of areas in the Town, where the current zoning right was different
from what was visioned in the Town Plan. He stated they wanted to see a
migration from what was currently in place to something else. He stated they
were not thrilled about the possibility of an auto park in that corridor.
Larry Stuart, 528 Deermeadow Place, S.W., stated he and his wife saw
a notice posted at the corner of King Street and Meade Drive. He stated he is
concerned a road will be put through the wetlands area. He stated there is a
lot of wildlife there and a road would be very counterproductive.
Mayor Umstattd stated she is concerned with higher density residential
uses on the property behind Bloom.
Mr. Fuller stated this is a possibility, because there is no clear
guidance.
The public hearing was closed at 8:35 p.m.
On a motion by Council Member Wright, seconded by Council
Member Reid, the following was proposed:
ORDINANCE 2008-0-25
Amending Section C of the Town Plan and Making Miscellaneous
Clerical Revisions to the Town Plan; and Amending Appendix B: Off-
Site Transportation Costs of the Town Plan
Council Member Reid made a friendly amendment to strike the words
"auto related".
Council Member Wright questioned whether this would be allowable
within the framework of the advertisement for the public hearing.
Ms. Irby stated since it would be making it less restrictive, then it
would be allowed.
Council Member Wright questioned what specifically would be "auto
related".
Mr. Fuller stated any large auto related issue that may not be a
dealership or service facility. He stated retail outlets would be classified as
retail. He confirmed this included park and ride lots.
Council Member Wright accepted the amendment as friendly.
Council Member Dunn made a friendly amendment to change proposed
section #9 to remove the word "inflation" and change it to "economic"
indices.
Mr. Wells stated an inflation index is an economic index. He stated it
refers to the Consumer Price Index.
Town Council Meeting of November 12. 2008
Page 7
Council Member Dunn withdrew his friendly amendment and made an
additional friendly amendment to strike objective #11 and replace it with the
names "Exeter Commercial Center" as objective #9, making the commercial
center objective # 11 in the southeast sector and Greenway Farm objective
#6 in the Southwest Sector.
It was noted Council Member Dunn was using numbering from an
outdated Town Plan. The numbers will be appropriately renumbered using a
current Town Plan.
Council Member Wright accepted the friendly amendment stating it
makes it fairer to the citizens to be able to see what is planned. Council
Member Reid accepted the friendly amendment as well.
Mayor Umstattd questioned whether Objective #7 of Section 3 could
be re-written to preclude higher density residential than the medium density
that is already permitted.
Vice Mayor Hammier stated in relationship to the George Mason
University initiative and dormitory housing, it might be important to keep the
option open for higher density residential.
Council Member Wright stated there is no designation for high density
residential in the Town Plan. He questioned whether by having no
designation for high density residential, it is not allowed by being silent on
this issue.
Mr. Fuller stated historically there is high density in Leesburg in bits
and pieces. He stated anything in the downtown needs to be checked for
features in the site as well as uses around it. He stated this particular
property does not have any abutting residential.
Council Member Butler stated this would become designated
"downtown" with the same restrictions as the rest of downtown.
Mayor Umstattd stated it reminds her of the Meadowbrook case where
the Council made the Plan compatible with the zoning. She stated Vice Mayor
Hammier has a good point with the GMU issue.
Council Member Wright stated he views this the opposite way. He
stated by saying "medium density residential", that is what we will get;
whereas, if we stay silent on it, we have a better chance of getting something
with more economic development opportunities.
Mayor Umstattd questioned whether this is how staff would read this.
Mr. Fuller confirmed this is the way staff intended this amendment to
be read.
Council Member Dunn stated the downtown use does not specify what
the uses are, other than in keeping with the current character of the
surrounding uses.
Town Council Meeting of November 12. 2008
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Council Member Butler stated we have to be sure the three commercial
centers listed by Council Member Dunn are the only ones affected by the
friendly amendment. He stated he is in agreement with removing the
restrictions for the area behind Bloom. He stated the creek valley buffer
changes are the only way we can create a 'riverwalk' environment, so we
really need this amendment.
Council Member Wright stated it is important to state the creek valley
buffer zone is a very narrow corridor in the downtown, where buffers don't
currently exist.
The motion was approved by the following vote
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
11. ORDINANCES
a. None
12. RESOLUTIONS
a. Economic Development Commission/Environmental Advisory
Commission Green Symposium
On a motion by Council Member Dunn, seconded by Council Member
Butler, the following was proposed:
RESOLUTION 2008-169
Support for a Joint Environmental Advisory Commission and Economic
Development Commission Symposium
Council Member Wright stated the way this resolution is worded, it
gives approval for spending a budget that may be spent. He stated he would
like to strike the language for approval of spending. He stated he likes the
symposium idea, but would like to find other ways to fund it.
Council Member Butler stated in order for the EDC and EAC to plan,
they will need a budget to acquire speakers. He stated we need to give them
some financial guidance.
Council Member Reid stated he has revised language from the Chair of
the Environmental Advisory Commission. He stated the revised language
reads "the cost for the symposium be pursued through sponsorships, in-kind
donations, grants, and partnerships with other organizations as well as
request to Town Council based on detailed work plans provided by the EAC
and EDC in December 2008". He stated he has provided the Town staff and
Chair of the EAC the names of some people who might possibly be willing to
provide some sponsorship.
Council Member Butler asked for comments from the Chair of the EAC.
Neely Law stated the EAC feels there will be the need for some
contribution by the Town. She stated the first line of covering costs is
through sponsorships and through in-kind donations that could cover the
operations and logistics costs. She stated they have a short list of speakers
Town Council Meeting of November 12. 2008
Paqe 9
who are experts in this field that they would like to invite to speak; however,
they may have travel expenses that will need to be covered. She stated the
EDC and EAC, as part of their work plans, will be submitting budget items in
December.
Mayor Umstattd stated these are tough economic times. She stated
bringing in speakers and putting them up in hotels, might be more acceptable
in better economic times.
Ms. Law stated the short list of speakers is regional and the intent of
the symposium is not focused on the EDC and EAC only. She stated the idea
is to bring political leaders as well as staff together to explore and exchange
ideas. She stated as part of the commission trainings, discussions at the
EAC, Planning Commission, and EDC, they have learned communication is
vital in seeking out ways to provide improved service delivery in the Town.
She stated seeking the perspectives of others is one of the main reasons for
this symposium.
Mayor Umstattd suggested free resources available to municipalities.
She noted the Northern Virginia Regional Commission has a strong
environmental department. She stated the Council of Governments looks at
economic and environmental issues.
Vice Mayor Hammier stated the friendly amendment corresponds to
seeking grants and non-public funding.
Council Member Reid stated he would submit Ms. Law's amendment
without the opportunity for the EAC and EDC to come to Council for funding
using their work plans.
Council Member Martinez stated he is concerned these two
Commissions are following the process the Council put into place last budget
cycle, and now we are saying no.
Council Member Butler stated without the funding from the Town
Council, he does not accept this as a friendly amendment, but would support
the amendment if it was as originally written by Ms. Law.
Council Member Reid asked to submit this as an amendment. Council
Member Wright seconded the amendment.
Vice Mayor Hammier stated we need to quantify what a 10 percent
reduction in energy use relates to in dollars saved in the Town budget.
The amendment to the original resolution approved by the following
vote:
Aye: Dunn, Hammier, Reid, Wright and Mayor Umstattd
Nay: Butler and Martinez
Vote: 5-2
Vice Mayor Hammier made a friendly amendment to add the word
"measurable" to Section I.
Town Council Meetinq of November 12. 2008
Page 10
Council Member Dunn and Council Member Butler accepted the friendly
amendment.
The amended resolution was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
b. Journey through Hallowed Ground
On a motion by Vice Mayor Hammier, seconded by Council Member
Dunn, the following was proposed:
RESOLUTION 2008-170
To Recommend the U.S. Department of Transportation's Federal
Highway Administration "All-American Road" Designation for U.S.
Route 15/20/231/22/Milton Road/53
Council Member Wright stated for the record the Corridor Management
Study is consistent with our Town Plan, current CIP, and general zoning
practices.
Aye: Butler, Dunn, Hammier, Martinez, Wright and Mayor
Umstattd
Nay: None
Vote: 6-0-1 (Reid absent)
c. Initiatinq Amendments to the Zoning Ordinance - Tents as Accessory
Uses
On a motion by Council Member Martinez, seconded by Vice Mayor
Hammier, the following was proposed:
RESOLUTION 2008-171
Initiating Amendments to the Zoning Ordinance - Tents as Accessory
Uses
Council Member Dunn stated Council recently passed an amendment
to the Zoning Ordinance that allows tents as a special event. He stated this
adds an additional allowance for a tent as a seasonal accessory. He stated
the original amendment was too restrictive and could be fixed by changing
the time period that tents are allowed as part of a special event.
Council Member Wright stated there are other ways to solve this
problem. He stated if it is really windy and rainy, the tent is not going to help
the establishment. He stated he cannot support this.
Council Member Butler stated he cannot support this because this
opens up too many opportunities for these tents and they do not match the
character of Leesburg.
Council Member Reid stated he supports this because it "levels the
playing field" for business establishments. He stated another establishment
Town Council Meeting of November 12. 2008
Page 11
has a tent, almost year round. He stated we can let the Planning Commission
work this out.
Council Member Dunn questioned Mr. Boucher as to whether changing
the timing tents are allowed would fix this issue.
Mr. Boucher stated this may allow too much authority for the Zoning
Administrator.
The motion was approved by the following vote
Aye: Hammier, Martinez, Reid and Mayor Umstattd
Nay: Butler, Dunn, Wright
Vote: 4-3
d. Initiatinq Amendments to the Zoninq Ordinance - Creek Valley Buffer
Zone
On a motion by Council Member Wright, seconded by Council Member
Reid, the following was proposed:
RESOLUTION 2008-172
Initiating Amendments to the Zoning Ordinance - Creek Valley Buffer
Zone
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
e. Revising the Leqislative Aqenda
On a motion by Council Member Wright, seconded by Council Member
Reid, the following was proposed:
MOTION
Approving a Revised Legislative Agenda
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
f. Designating a Point of Contact and Alternate for George Mason
Universitv Steering Committee
On a motion by Council Member Reid, seconded by Council Member
Wright, the following was proposed:
MOTION
I move to designate Vice Mayor Hammier as the Point of Contact and
Council Member Dunn as the alternate for the George Mason
University/Northern Virginia Community College Steering Committee
The motion was approved by the following vote:
Town Council Meeting of November 12. 2008
Page 12
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
13. OLD BUSINESS
None
14. NEW BUSINESS FOR ACTION
a. Loudoun Street Park Option
Mayor Umstattd made the following motion, which failed for lack of a
second.
RESOLUTION
Accepting the Proposal from the Loudoun Street Park Project
Committee to Beautify Existing Town Property on Loudoun Street with
a Loudoun Street Park
b. First Night Oroanization Structure and Contract
On a motion by Council Member Wright, seconded by Vice Mayor
Hammier, the following was proposed:
RESOLUTION 2008-173
First Night Leesburg Organization Structure and Agreement
Council Member Reid stated by adopting this resolution, it means the
Town would actually be liable for any losses incurred by this event.
Mr. Wells stated in the event in any particular year, if the program did
not break even, the Town would be the fallback if the contract was negotiated
that way. He stated the goal is to build a program with viable cash resources
to fall back on during hard times.
Vice Mayor Hammier stated this resolution does not guarantee
anything, but allows Town staff to bring this back during the next budget
cycle. She stated this gives the Council the opportunity to look at a plan.
Council Member Reid offered a friendly amendment to direct staff to
work with the Bluemont Concert series and other public and private funding
partners on a draft agreement for consideration by the Town Council.
Council Member Dunn stated the Town will still serve as the insurers or
guarantors of the event.
Ms. Irby stated the language authorizes the Town Manager to see if
Bluemont and the Town can reach an agreement. She stated clarifying
language can be included.
Council Member Wright stated in the past other organizations have run
events that have become part of the fabric of the community and when the
organization was no longer able to run the event, the Town decided to step in
and run the event. He stated this allows the Council to have some direction
Town Council Meetino of November 12. 2008
Paqe 13
and steering in the event and allows the Council to be proactive in keeping
this event running.
Mr. Wells restated what he feels he will be negotiating on behalf of
Council. He stated in the past years, the event has posted weakening sales of
buttons and entrance fees. He stated he feels Council's intent is not to have
Council expand their role in funding Bluemont, but an opportunity to revitalize
the First Night event.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
c. Holidav Parking
Council Member Martinez made a motion to reinstate the traditional
holiday parking program, which allows free parking on downtown streets and
in the Town parking garage. The motion failed for lack of a second.
Council Member Reid made a motion to provide two hours of free
parking on downtown streets and in the Town parking garage during the
holiday season. The motion was seconded by Council Member Wright.
Council Member Dunn stated he is concerned this is a knee jerk
reaction to fears rather than a practical solution for the problems we have.
He stated we cannot pin an actual amount to the gains derived from free
parking. He stated there are additional costs involved in free parking. He
recommended looking at holding a parking symposium since the Town will be
losing close to $30,000 in parking fees. He recommended the parking fees be
used to provide low interest loans and grants to downtown businesses.
Council Member Reid questioned whether it would help enforcement if
regular metering was still used at outlying meters.
Mr. Wells stated it is better to do something uniform across Town
without exceptions.
Council Member Butler recommended the parking meters be adjusted
so they do not require coins.
The motion was approved by the following vote:
Aye: Butler, Martinez, Reid and Wright
Nay: Dunn, Hammier, and Mayor Umstattd
Vote: 4-3
d. Dominion Power
Mayor Umstattd made a motion to approve the following resolution,
which she read into the record:
RESOLUTION 2008-174
A. Requiring that Dominion Virginia Power (DVP) be Held Accountable
for its Unilateral Disregard of Implementation of the SCC's Order
Town Council Meeting of November 12. 2008
Page 14
PUE 2005-00018 Construction of the Power Line in the Town of
Leesburg
B. Requiring that Dominion Power take into Consideration the SCC's
Order to Communicate with the Town's Residents about the
Construction and Placement of the Poles
WHEREAS, on February 18, 2008 the SCC ordered that a 230Kv
transmission line be constructed throughout the Town of Leesburg. That
pursuant to the terms of the order DVP was to communicate with the Town
and its' residents concerning the construction and the placement of the
transmission line and poles within the Town. Further, DVP was to establish a
point of contact from DVP so that information concerning the construction of
the transmission line and pole placement could be properly communicated to
the interested parties; and
WHEREAS, that a portion of the transmission line and the placement of
poles travels through a neighborhood commonly known as Wage Drive; and
WHEREAS, DVP has purchased a residential lot in said area with the
intent of demolishing a home in the neighborhood in order to obtain access to
a pole that is to be placed in the Route 7 bypass VDOT right of way; and
WHEREAS, DVP failed to notify the TOWN and the residents of the
Wage Drive neighborhood as to the demolition of the home, placement of the
pole, and any other information that the residents may have needed in order
to offer a suggestion to minimize the impact of the pole; and
WHEREAS, this is but one of several instances whereby DVP has
completely disregarded the terms of the SCC's order and has to behaved in a
manner that could minimize or mitigate the impact of the transmission line;
and
WHEREAS, subsequent to the purchase of the residence on Wage, DVP
at the request of the Mayor and others agreed to participate in a community
meeting with the residents of the Wage Drive neighborhood at which time
alternate routes were suggested to DVP; and
WHEREAS, an alternate route was proposed that would entail the
transmission line to be relocated approximately 230 feet to the southeast of
the present location as presently suggested by DVP, that said alternate would
save over 200 feet (est.) of a mature tree line that acts as a visual buffer,
noise barrier and also mitigates the damage to the view shed and the value of
the surrounding properties; and
WHEREAS, the Council strongly supports that repositioning of the pole.
Council further requests that the following legislators use whatever means at
their disposal and their respective positions to persuade DVP and VDOT to
make a slight modification in the route and relocate the pole and transmission
line; and
WHEREAS, the Council has determined that U.S. Congressman Wolf,
State Senators Jill Vogel and Mark Herring and State Delegate Joe May have
been supportive of the Town's position with respect to minimizing the impact
of the transmission line within the Town of Leesburg and the relocation of the
transmission line 230 feet to the southeast in the Wage Drive neighborhood.
THEREFORE, RESOLVED that the Council of the Town of Leesburg in
Virginia:
1. Requests that U.S. Congressman Frank Wolf, Governor Tim Kaine,
State Senators Jill Vogel and Mark Herring and State Delegate Joe May
use all means at their disposal to require that DVP cooperate with the
Town and its residents to minimize the impact of the transmission line
Town Council Meetinq of November 12. 2008
Paqe 15
and in this instance specifically in the Wage Drive neighborhood by
moving the pole location approximately 230 feet southeast of
Dominion's initial proposal thereby preserving all existing tree cover on
the slope north of the bypass.
2. Request that DVP abide by the terms of the SCC order and
communicate with the Town and its' residents concerning the
construction of the transmission line and the facilities that accompany
the line.
3. Request that DVP provide necessary information to the Town
concerning the construction of the transmission line for this project;
specifically to include the costs of the transmission line (actual and
estimates) for the overhead and underground sections that are
included in the Modified D Route.
4. To pursue all legal remedies available to the Town should DVP
continue to disregard the terms, spirit and intent of the SCC order PUE
2005-00018.
The motion was seconded by Council Member Dunn.
Council Member Wright thanked Mayor Umstattd and Council Member
Dunn for attending the meeting with DVP. He noted several other Council
Members had Board and Commission meetings. He stated it is very important
to realize this is just one of the poles. He stated this is a huge issue where
Richmond has given Dominion Power a blank check. He stated we should
follow-up with a letter to VDOT stating any trees that have been removed
must be replaced.
Council Member Dunn stated initially the citizens were taken aback
that this was a done deal. He stated they wanted to make sure there is
specific communication which has been sorely lacking during this process.
Council Member Butler made a friendly amendment to say "and has
not behaved in a manner that could..." and strike the second sentence of the
fourth whereas on Page Two.
The friendly amendments were accepted.
Vice Mayor Hammier stated the key point is that DVP be held
accountable. She stated this is destructive to the Town and we will have to
find creative ways to get behind the community.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
15. NEW BUSINESS FOR CONSIDERATION AT A FUTURE MEETING
a. Request for additions:
i. Council Member Wright asked staff to invite nonprofit
organizations to the tree lighting ceremony.
Town Council Meeting of November 12. 2008
Page 16
ii. Council Member Reid requested staff start the holiday parade
earlier so businesses could have a little bit of daytime traffic.
He noted the tree lighting will be on a Friday.
iii. Council Member Reid requested setting a date for the parking
summit.
iv. Council Member Reid requested updates on the water park and
the dog park.
v. Council Member Reid requested a work session item on the
three meetings per month proposal.
16. COUNCIL COMMENTS
Council Member Butler stated he echoes the comments made by the Vice
Mayor regarding DVP. He stated this represents one of the scariest potentials of
government when actions are taken with little input from the public. He stated he
hopes the General Assembly can provide additional safeguards for those who live in
Towns. He stated Veteran's Day was a good opportunity to recognize the sacrifices
made by those in the military. He stated the Halloween Parade was a wonderful
event. He stated last Tuesday's elections went extraordinarily smoothly. He saluted
everyone who worked the polls. He stated in the latest Capital Improvements News,
he was delighted to see an update on the seven miles of trails that are being added
to the Town of Leesburg. He stated these trails will give Leesburg an additional
feature to attract a university.
Council Member Wright stated the Halloween Parade was great. He echoed
Council Member Butler's comment on the Board of Elections staff. He stated they far
exceeded his expectations. He added kudos to the Ida Lee staff for hosting a polling
place. He stated it went very well and he was impressed with how well it was
handled.
Council Member Martinez stated he echoes the Veteran's Day sentiments. He
stated he hopes we can resolve a lot of the issues overseas now. He agreed the
group that ran the elections did a great job. He stated the Halloween parade was
incredible.
Vice Mayor Hammier disclosed a call from Jan Zacharias about Wirt and King
Street. She stated she had a meeting with Rick Stark. She stated she had a
meeting and several emails with Jerry Coughter of GMU. She stated she had several
calls from Rick Starke and Molly Novotny. She echoed the Halloween comments and
thanked Target for donation of Halloween candy. She stated she and Tom Dunn and
his son attended the ribbon cutting for the Brandon Park playground, which was
specially designed for handicapped children. She congratulated the Small Business
Award winners. She thanked GMUs Jerry Coughter and Dana Coughlin for attending
information gathering events. She thanked Dodona Manor for their Veteran's Day
ceremony. She stated it was truly moving. She reminded everyone about the
Freeze the Gizzard 5K race on November 22. She updated Council regarding the
Dog Park and the outdoor pool. She stated everything is under budget and on
schedule. She stated she had a discussion with John Wells regarding the foreclosure
situation and he will follow-up with that. She stated the Waterford development is
coming to the BAR at next week's meeting. She stated there will be specific
discussion regarding this and urged all Council members to contact their appointees.
Council Member Dunn stated we are in hard times as a nation. He stated
there are challenging times at the state level as well. He stated the Council has to
Town Council Meeting of November 12. 2008
Paqe 17
make hard decisions with regards to the budget. He stated he had the opportunity
to attend a sunrise ceremony at Balls Bluff and the ceremony at Dodona Manor to
give thanks to those who allowed us to have our freedom today. He stated he
enjoyed the Halloween Parade. He stated it was nice to see so many people from
out of state helping out at the polls. He stated the Brandon Park playground is a
nice addition to the Town. He thanked the Mayor for allowing his son to take part in
the ribbon cutting. He also thanked the Mayor for her strong leadership with regards
to DVP. He disclosed a phone conversation with Mike Banzhaf regarding the auto
park property. He stated he met with Scott Gustavson of the Economic Development
Commission. He stated he would like to see the EDC take a project from 'soup to
nuts' and the proposed Lowe's would be a good opportunity for this.
Council Member Reid referred tOJesolutions from the Standing Residential
Traffic Committee in the packet. He stated they would not be seeking any additional
funding in December. He congratulated the newly elected President Obama,
Senators-elect Mark Warner and Congressman Frank Wolf and encouraged everyone
to rally around the new administration and Congress in their efforts to revitalize the
economy. He stated we have a very serious problem and it is the time to put aside
partisanship. He expressed concern that there be no censorship of constitutional
rights to speak out. He stated he is heartened by the President-Elect's proposal to
pump $25 billion into transportation. He stated he hopes Virginia will receive some
of this money. He stated he attended the Waterford Road sidewalk discussion with
Council Member Wright where there were a lot of good ideas presented. He stated
there was a consensus for a sidewalk on the west side. He stated staff needs to
work with the residents and get this project in the CIP. He stated he was sorry he
missed the Wage Drive meeting, but he had to attend the Small Business Awards.
He stated he thoroughly enjoyed the Veteran's Day ceremony and seeing all the
military attaches from different countries.
17. MAYOR'S COMMENTS
Mayor Umstattd stated one of the things that should be looked at for Business
Appreciation Awards should be a category for businesses that donate to non-profit
groups. She stated there are already a number of businesses doing that, and the
more the Town can do to encourage charitable giving, the better. She thanked
Council Member Dunn and Shelby for coming to the sunrise ceremony at Balls Bluff
Cemetary. She thanked Phil Rusciolelli, Jim McQuery, Jay Greeley, and Chuck Acker
for putting the ceremony together. She thanked Kate Trask for her hard work in
coordinating the joint Town and Dodona Manor Veteran's Day Ceremony. She noted
there were about 23 Brazilian principals touring the school system today. She stated
she was able to attend the Lansdowne INOVA Loudoun Pediatric Unit opening last
night. She stated the rooms are very large to accommodate entire families and the
staff was great. She stated she attended a citizen's meeting at INOVA's Cornwall
Campus regarding opposing HCA Broadlands Regional Medical Center application.
She congratulated Jim Roberts of the Balch Library Commission on winning a
Loudoun History Award. She thanked Council Member Reid for the opportunity to
attend S'hare Shalom to help welcome Rabbi Ragozin.
Council Member Reid invited everyone to Friday night services.
18. MANAGER'S COMMENTS
Mr. Wells stated the public meeting on the Lowenbach Capital Project has
been rescheduled to Tuesday, November 25 at 7 p.m. He stated reminders would be
sent out. He stated the rail in the Council Chambers will be removed during the
Town Council Meeting of November 12. 2008
Paqe 18
December break. He noted most of the work is being done in house and a series of
tables that can be configured in multiple ways will be used.
19. CLOSED SESSION
There were no Closed Sessions
20. ADJOURNMENT
On a motion by Council Member Wright, seconded by Council Member Butler,
the meeting was adjourned at 10:20 p.m.
~ld&~
Town of Leesburg
2008_TCMIN1112