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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 Paqe 5 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 Paqe 8 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