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HomeMy Public PortalAbout2008_12_09 COUNCIL MEETING December 9, 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, Director of Finance Norm Butts, Assistant Director of Capital Projects Management Renee Lafollette, Comprehensive Planner David Fuller, Director of Plan Review William Ackman, Senior Planner Irish Grandfield, Deputy Director of Planning Brian Boucher, Senior Planner Lee Phillips, and Clerk of Council Lee Ann Green AGENDA 1. Call to Order ITEMS 2. Salute to the Flag was led by the Loudoun County High School Girls Volleyball Team 3. Invocation was lead by Council Member Reid 4. Roll Call showing Vice Mayor Hammier arrived at 7: 55 p.m. 5. Minutes a. Work Session Minutes of November 10, 2008 On a motion by Council Member Butler, seconded by Council Member Dunn, the minutes were passed 6-0-1 (Hammier absent). b. Regular Session Minutes of November 25, 2008 On a motion by Council Member Reid, seconded by Council Member Butler, the minutes were passed 6-0-1 (Hammier absent). 6. Adopting the Meeting Agenda (Amendments and Deletions) On a motion by Council Member Wright, seconded by Council Member Butler, the meeting agenda as presented was adopted 6-0-1 (Hammier absent) 7. Presentations a. Resolution of Respect - Dewey Hill. The previously approved Resolution of Respect was presented to Mr. Hill's widow and daughter. b. Kelly Burk - Leesburg District Supervisor. Supervisor Burk discussed the terms of flying the County flag at Town Hall as a result of the 2008 Turkey Bowl Championship win by the Loudoun County Building and Development team. c. Certificates of Recognition - Loudoun Countv Hiqh School Girls Volleyball. State Champions On a motion by Council Member Reid, seconded by Council Member Dunn, Certficates of Recognition were presented to the following members of Town Council Meeting of December 9, 2008 Page 2 the Loudoun County High School Girls Volleyball team in recognition of their second State Championship: Jenna Strange Emily Vandegrift Kerry Sarver Rochelle Latka Sammy Dormio Rachel Arigo Juliane Hanna Paige Sigmon Hannah Arnold Kathleen Horvath Shaylin O'Connell Katie Martin Katie Gloe Robin Marsala Coaches: Jenica Matthias Courtney Wilhelm Jarod Brown Shannon Nicholson 8. PETITIONERS The Petitioners section was opened at 7:47 p.m. Debra Dever, Loudoun Community Health Center, stated the Health Center was created to address the health needs of the working poor in Loudoun County. She stated 39 percent of their patients reside in Leesburg. She stated without the support of Inova Loudoun, they would be unable to provide these services to the medically underserved of Loudoun County. Jennifer Montgomery, Executive Director, Loudoun Free Clinic, stated they have seen an increase in the number of patients seen. She stated all of the patients are Loudoun residents and 50% of them are Leesburg residents. She stated last year for every dollar the Free Clinic spent, they provided approximately six dollars of health care services due to their extraordinary ability to partner with Inova Loudoun Hospital. She thanked the Council for their grant which was used to purchase medication. She urged the Council to reconsider eliminating the funding in the next fiscal year. Randy Ashcraft, 20561 Woodcock Court, stated he is speaking for the uninsured, underserved citizens. He stated the Loudoun Free Clinic and the Loudoun Community Health Center are safety nets for the community. He stated the health, safety and welfare of all citizens is our responsibility. He asked Council to rescind the decision to eliminate funding for these organizations. Marni Frazee, 120 Dalhart Drive, S.E., stated she moved to Leesburg in 1992. She discussed the distances between other Inova facilities from Reston Hospital and the fact that all facilities are thriving despite their proximity. Tracey White, HCA, 20619 Coppersmith Drive, Ashburn, stated BRMC will offer the community choice and more access to medical care. She stated this is a county land use decision. She stated the citizens deserve the opportunity to chose Inova Loudoun or Broadlands Regional Medical Center. She stated Loudoun County deserves the economic advantages of this additional hospital. Martha Calihan, M.D.. 116-Q Edwards Ferry Road, stated she does not believe a hospital at Broadlands is necessary for the citizens of Leesburg. She stated neither hospital will be large enough to offer higher medical services. She stated the Comprehensive Plan shows a hospital on the Route 50 corridor. Town Council Meeting of December 9, 2008 Page 3 Edward Puccio, MD, Commonwealth Emergency Physicians, he stated HCA does not represent the ideal of charity. He stated he has been the medical director of emergency services for Inova Loudoun for a number of years. He stated they evaluate every patient regardless of the patient's ability to pay. He stated stated HCA uses a policy called "triage out". He stated Federal law requires every hospital to screen for emergency condition. He stated HCA's triage out policy requires those who cannot pay to be sent to other facilities. Randy Kelley, CEO of Inova Loudoun, stated BRMC will harm the medical services for Loudoun and Leesburg. He stated independent financial analysis has demonstrated that BRMC will cause a loss of over $35 million per year. Jack Cook, M.D. 329 Loudoun Street, S.W., stated he is a physician who has been in practice for 27 years in Leesburg. He stated he is opposed to Broadlands. He stated as currently proffered, Broadlands cannot comply with the standard of care for medicine because they do not have a helicopter. He stated the state cannot tell a hospital where to put a hospital. He stated HCA got permission to move the hospital out here, but because they proffered to close excess beds in eastern Fairfax and there was need for more beds in Loudoun County. He stated the need exists in a less financially profitable area of Loudoun County. Joan Rokus, 413 Tudor Court, N.E., stated she is for Broadlands Regional Medical Center. She stated the Loudoun County Planning staff and the Planning Commission have given their approval to the facility. She stated the County will have $4 million in annual tax money plus additional jobs. She stated with all the growth in Leesburg and Loudoun County, we need an additional facility. Valerie Bideganeta, president of the Heritage High School PTSO, spoke regarding the traffic light issue on Evergreen Mill Road. She stated at afternoon dismissal time, traffic on Evergreen Mill Road is at a standstill. She stated the earliest a light can be installed is February 2010. She reported the current SRO at Heritage High School, Officer Bolden, is doing an excellent job. She stated the community interaction the students was a very important aspect of the job that would not be possible with a Sheriff's deputy. Council Member Reid requested a conversation with the Sheriff's Department and the Police Department regarding traffic direction. Ed Fleminq, 224 N. King Street, stated Broadlands Medical Center is not the Town's business. He stated there are more crucial issues for the Council to work on. He stated we should not be dependent on a single service provider. Milt Herd, 303 Riding Trail Court, corrected the previous statement that the BRMC application is in conformance with the County plan. He stated the language in the plan specifically focused the hospital on the Route 50 corridor. No name given, stated the economic development benefits of the new hospital for the County would be great. She stated competition would be good for Inova. She stated she hoped HCA would take over the emergency room at Cornwall if Inova closes it. Town Council Meeting of December 9, 2008 Page 4 Sandv Kane. 815 Kenneth Place, stated she and her husband support the addition of medical services in Loudoun County. She stated it would be presumptuous of this Council to weigh in on this decision. Bill Harrison stated he has resided in the Town for the past eight years. He stated he wants to see Cornwall thrive. He stated he is not opposed to HCA to go on Route 50, but it is wrong to put it in our backyard. Bruce Dewar,S Memorial Drive, asked Council to not take a position on this tonight. He stated the Council does not have the information to make a decision. The Petitioners section was closed at 8:45 p.m. Council Member Reid made a motion, seconded by Council Member Wright to bring the INOVA item up out of order. There being no supermajority of Council, the agenda continues as adopted. 9. ADOPTION OF THE CONSENT AGENDA On a motion by Council Member Martinez, seconded by Council Member Wright, the following consent items were proposed: a. Authorizing the Town Manager to Sign a New Contract to Continue the ESI Program within the Town of Leesburq RESOLUTION 2008-182 Re-Authorizing the Agreement Between the Town of Leesburg and the Engineers and Surveyors Institute (ESI) to Continue the Leesburg ESI Prog ra m b. Approving a Supplemental Appropriation of $2,063 to the FY 2009 Budqet Resulting from Funds Not Expended for the Community Development Block Grant (CDBG) in the Previous Fiscal Year RESOLUTION 2008-183 Approving a Supplemental Appropriation of $2,063 to the FY 2009 Budget Resulting from Funds Not Expended for the Community Development Block Grant (CDBG) in the Previous Fiscal Year c. Authorizinq a Dominion Virginia Power Right-of-Way/Easement at Ida Lee Pa rk RESOLUTION 2008-184 Authorizing a Dominion Virginia Power Right-of-WayjEasement at Ida Lee Park d. Authorizing an Agreement and Approving a Performance Guarantee and Water and Sewer Extension Permits for Sycolin Corner RESOLUTION 2008-185 Authorizing an Agreement and Approving a Performance Guarantee and Water and Sewer Extension Permits for Sycolin Corner Town Council Meeting of December 9, 2008 Page 5 e. Kincaid Farm Barn - Agreement with Northern Virginia Regional Park Authority RESOLUTION 2008-186 Declaring the Barns at the Utility Maintenance Division Site as Surplus Property and Authorizing the Donation of the Barn Materials to the Northern Virginia Regional Park Authority f. Makinq a Reduction of the Performance Guarantee for Public Improvements Installed in Oaklawn Commercial MUC5 RESOLUTION 2008-187 Making a Reduction of the Performance Guarantee for Public Improvements Installed in Oaklawn Commercial MUC5 g. Implementation of Enhanced VRS Benefit for Section 138 Covered Employees (Public Safety Employees) RESOLUTION 2008-189 Authorizing the Implementation of the Retirement Multiplier for Section 138 Covered Employees (LEOS) h. Supplemental Appropriation for $314,560 ($6,291 local funds) for Construction of the South Apron Expansion, Phase I Capital Improvements Project RESOLUTION 2008-191 Supplemental Appropriation for $314,560 for Construction of the South Apron Expansion, Phase I Capital Improvements Project i. Initiating the Tree Ordinance RESOLUTION 2008-192 Initiating Amendments to the Leesburg Town Code, Zoning Ordinance and the Design and Construction Standards Manual to Establish Tree Ordinances to Further Protect, Enhance and Maintain the Town's Tree Canopy j. Extending the Holiday Schedule to Include January 2, 2009 RESOLUTION 2008-193 Extending the Town of Leesburg Holiday Schedule to Include January 2, 2009; and Granting the Town Manager the Authority to Approve Additional Holiday Time for the town of Leesburg to be Consistent with the Commonwealth of Virginia and the County of Loudoun 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 Town Council Meeting of December 9, 2008 Page 6 a. TLZM 2008-0002 Spring Arbor Rezoning Both Spring Arbor public hearings were opened concurrently at 8:53 p.m. Council Member Wright noted for the record that his daughter attends Loudoun Country Day School. He stated he has no financial interest in this project. Irish Grandfield stated the property currently has five buildings and several trailers on site. He stated the extant farm house has been substantially altered as offices for Loudoun Country Day School. He stated the current proposal is to remove all structures from the site. He stated there is a vegetative buffer on the site. He stated the Town Plan shows low density residential on this property. He stated the proposed assisted living facility reduces the number of entrances on Fairview Drive from three to two. He stated the proposal includes 73 parking spaces, although only 54 are required under the zoning ordinance. He stated landscaped berms are included on the sides where substantial vegetation does not exist. Mr. Grandfield noted there are four modifications requested. He stated the first to the Planned Residential Neighborhood standards which require two acres of public recreation area for every 100 units. He stated for this type of use considering the average age of the resident, two acres of parkland are not necessary. He stated the second Zoning Ordinance modification to employee parking makes sense rather than pushing the employee parking to the sides of the property closer to the residential neighbors. The third modification regards loading spaces. He stated the standard number of loading spaces for a facility of this size is two. He stated an assisted living facility has a smaller demand for loading space. The fourth Zoning Ordinance modification requires 20% of the parking area to be grass paver block. The applicant has asked for a modification of this to require no grass paver block. He stated staff has negotiated with the applicant for other water quality improvements including filteras to offset some of the requirement for grass paver block. Mr. Grandfield stated the rezoning and the special exception meet zoning ordinance criteria. He stated the Planning Commission discussed the possibility of preservation of the farm house; however, it did not meet with the applicant's plans. The applicant has agreed to offer the farm house for relocation. He stated there have been revisions to the proffers since Planning Commission review. He stated additional proffers requiring upkeep of landscaping on the berms, provision of a community liaison during the construction phase, and advertisement for potential sale and removal of the farm house have been added. He stated staff is recommending removal of two conditions of Planning Commission approval including photodocumentation of the farm house. He stated the detailed architectural survey of the farm house contains photo documentation. He stated the special exception condition on preservation of the farm house is not as detailed as the proffer offered by the applicant. He stated staff recommends approval of the rezoning and then the special exception subject to the conditions as presented. Town Council Meeting of December 9. 2008 Page 7 Mayor Umstattd questioned whether the applicant had proffered out any use of the property other than an assisted living facility. Mr. Grandfield confirmed this proffer has been offered by the applicant. Council Member Dunn stated this is a good use for the site, relieves the need for schools and reduces transportation needs. He stated it would be nice to see if an abbreviated use of the form based code could be used. He stated we need to look at a scaled down version of parking requirements to encourage use of other forms of transportation. Council Member Reid questioned the moving of the 19th century farm house. Mr. Grandfield stated the applicant will advertise it as available. He stated there will be a period of 60 days for removal. He confirmed it does not qualify for the National Historic Register. He stated it is more than 100 years old, but the modifications and setting are completely different from the historical context. Council Member Reid noted if the structure was located in the H-l, it would require preservation. Mr. John McGranahan, attorney for the applicant, HHHunt. He stated HHHunt Corporation is the developer and operator of 23 assisted living facilities in the southeastern United States. He stated community outreach was remarkable. He stated there were several community meetings held with the neighborhood before any submissions were made. He stated the ideas from the meetings were incorporated into submission. He stated a website facilited the dialog and gave the neighborhood access to the plans. Mr. McGranahan stated the emergency access is required around the entire facility. He noted the emergency access will be paved with a pervious surface and water quality issues will be addressed using Filtera. He stated specific features from other areas of the Town will be used in this facility. He stated the fa<;ade material details have been proffered. He stated the assisted living facility is the only permitted use as proffered. He stated there is a significant reduction in peak hour traffic over the current use. He stated the applicant is committed to burying the power lines along this property. He stated there is a net positive fiscal impact to the Town and the property will be open to community for meetings. Council Member Reid questioned whether the road improvement proffer can be used for sidewalks. Brian Boucher stated money like this can be used for sidewalks. The applicant accepted and approved that use. Council Member Reid questioned whether the Arborist would be consulted on the trees to ensure they survive. Mr. Boucher confirmed the Arborist would be consulted. Town Council Meeting of December 9, 2008 Page 8 Randy Minchew, 330 West Market Street, stated he supported these applications. He stated he serves as general counsel to the Board of Trustees of Loudoun Country Day School. He stated Loudoun Country Day has owned this property for a number of years. He stated an R-4 rezoning would have been compatible with the neighborhood; however, the Board of Trustees was looking for something different. He stated they felt the applicant, HHHunt, would be a good partner. He noted the demographic of the facility will be mostly females over 60 years of age, and there is a high incidence of community service in that demographic group which will benefit the Town. Milt Herd, 303 Riding Trail Court, stated he lives along the southern boundary of the property. He stated the applicant has been very open and receptive to the comments of the community. He stated this is a logical use for the site. He stated for the record, he has three points. He stated he is concerned about noise along the southern edge. He asked for reasonable sound protection, i.e. a masonry wall. He stated he is concerned about the brightness level of the lighting. He is concerned the light poles may be too high. He stated he appreciated Council Member Dunn's comment that the site is overparked, particularly when taking street parking into consideration. He stated some of the southern parking could be eliminated. The public hearings were closed at 9:25 p.m. On a motion by Council Member Martinez, seconded by Council Member Wright, the following was proposed: ORDINANCE 2008-0-025 Approving Application TLZM 2008-0002 Spring Arbor Assisted Living Residence Council Member Wright applauded the applicant on their community outreach. He stated this application compliments the community, does not generate school aged children, but still generates BPOL funds. Vice Mayor Hammier concurred. She stated she appreciated how proactive the applicant was with community outreach. She thanked Loudoun Country Day School for being a good citizen to the Town. Council Member Reid stated he is sorry to see Loudoun County Day leaving Leesburg, but thanked them for finding a good use for this property. Council Member Martinez also echoed those sentiments. Mayor Umstattd stated she appreciates the proffering out of other uses and the community outreach. The motion was approved by the following vote Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 b. TLSE 2008-0010 Sprinq Arbor Special Exception Town Council Meeting of December 9, 2008 Page 9 This public hearing was heard concurrently with TLZM 2008-0002 Spring Arbor Rezoning On a motion by Council Member Martinez, seconded by Council Member Butler, the following was proposed: RESOLUTION 2008-194 Approving Special Exception TLSE 2008-0010 Spring Arbor to Permit an Assisted Living Residence in the Planned Residential Neighborhood District The motion was approved by the following vote Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 c. Revisinq the Desiqn and Construction Standards Manual (DCSM) of the Town of Leesburg by Amending Article 5 (Storm Drainage) and Appendix A (Construction Standards) The public hearing was opened at 9:30 p.m. Bill Ackman stated this proposed revision has been vetted through many groups. He stated the State required water quality improvements through the DCSM. He stated this revision defines major and minor storm systems, updates the manual to be consistent with Federal, State and local criteria and adds direction and flexibility for a number of issues. He reviewed a number of the revisions. He stated this is phase I of Chapter 5. Council Member Wright stated there was concern about placing undue responsibility for adequacy of the stormwater management system in older sections of Town on the property owner. Mr. Ackman stated language regarding adequate outfall was taken directly from the state code. He stated the amount of water leaving the property post development cannot be more than the amount of water leaving the property predevelopment. Council Member Butler stated there are a lot of "shalls" that were translated to "should". Mr. Ackman stated the "shalls" are state requirements. Council Member Butler stated it seems like there is a lot more optional requirements and the Director is given more flexibility. Mr. Ackman stated they were trying to have more flexibility in order to work out solutions. He stated "should" allows more flexibility to work out solutions that are acceptable to both parties. Town Council Meeting of December 9, 2008 Page 10 Council Member Butler stated flexibility is generally good, but is concerned unreasonable applicants may put Council in an unfortunate position. Council Member Reid asked for reassurance on the issue of planting of dryponds. Mr. Ackman stated that will be covered in the next set of changes to Section 5. He stated they would begin work on it after the beginning of the year. Council Member Reid stated this will result in a less onerous development process. He stated he hopes there will be flexibility in the process. Mayor Umstattd stated she wanted to make sure nothing in these changes would make it more likely that an existing homeowner ends up with a flooded basement. Mr. Ackman stated there is a requirement if the overland relief does not have at least a foot of freeboard, then an as-built is required to ensure there is no flood risk. Mayor Umstattd stated she appreciates staff's efforts to protect property owners. Kevin Murray, President of Tri-Tek Engineering and Coach of ESI's Technical Issues Committee, complimented Mr. Ackman and Town staff on this process. He stated they did a very good job of keeping the private sector consulting firms up to date on the document. He stated he is glad there will be opportunities for further improvement in the process. Neeley Law stated phase 2 is where we can make substantial improvements in the way the Town deals with stormwater. She stated she hopes to see more drypond plantings in the future. She stated even with the current revisions, the common practice of using rip rap severely diminishes the natural resources of streams. She stated rip rap is used to reduce the erosive effect of stormwater on stream, but vegetation can be used as well. She stated it needs to be eliminated as an option by use of better site planning techniques to reduce the impervious surfaces. Council Member Reid concurred with Ms. Law and suggested the next chapter rewritten in the DCSM concern the use of rip rap and allow the planning of trees in dry ponds. The public hearing was closed at 9: 53 p.m. On a motion by Council Member Martinez, seconded by Council Member Wright, the following was proposed: ORDINANCE 2008-0-026 Town Council Meeting of December 9, 2008 Page 11 To Revise Article 5 (Storm Drainage) and Appendix A (Construction Standards) of the Design and Construction Standards Manual (DCSM) of the Town of Leesburg, Virginia, 2003, as Amended Council Member Butler stated he supports Ms. Law and Council Member Reid's comments and would like to see these issues addressed in the next phase of revisions. The motion was approved by the following vote Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 d. TLTA 2008-0004 Town Plan Amendments to Reclassify Land Immediately East of Olde Izaak Walton Park The public hearing was opened at 9: 54 p.m. David Fuller stated the properties are immediately east of Olde Izaak Walton Park immediately north of the bypass. He stated these properties are currently zoned B-3, R-6, and PRC. He stated the properties could be developed under the current zoning with the exception of the PRC properties, which are remnants of the Oaklawn project separated from the rest of Oaklawn by the Dulles Greenway/Bypass. He stated there are three changes to policy maps and one text change. He stated this proposed amendment has been reviewed by the EAC and the EDC. Council Member Reid questioned whether this designation would change anything to allow Mr. Fontaine's property to be developed. Mr. Fuller stated that would require a rezoning, but would be easier to achieve if this designation was removed. Charles Treadwell stated Town staff was very cooperative in their efforts to inform him on this subject. He stated he is representing 1,127 people who are the residents of five communities that are directly impacted by these changes. Mr. Treadwell stated he is shocked by how little the residents know about these changes. He asked Council to look at parallel situations in Gatlinburg, Tennessee and Jacksonville, Florida. He asked Council to protect the quality of life in this Town. Celie Manual. 676 Gateway Drive, stated she was curious whether nearby property owners must be notified about Town Plan amendments. Mayor Umstattd stated the law only requires adjacent property owners be notified. Jeanette Irby stated this amendment has been advertised several times in the newspaper. Town Council Meeting of December 9, 2008 Page 12 Ms. Manual stated she was concerned nothing was mailed to the property owners. She said the neighbors have been told a developer is coming in and wants some of their property. Ms. Irby stated this is a Town Plan amendment to make the Plan conform with the underlying zoning. Mayor Umstattd questioned whether there is any urgency to vote on this tonight. Ms. Irby stated she is not aware of any urgency with regards to this Town Plan amendment. Vice Mayor Hammier stated she encourages Town staff to be more proactive to Ms. Manual's point and requested deferring the vote. Ms. Irby stated the public hearing does not have to be kept open, but the vote can be deferred. Susan Berry Hill stated this is a Town Plan amendment, not a rezoning, so written notification to adjacent property owners is not required by State Code. Council Member Wright stated this highlights why we are doing this. Council Member Dunn confirmed the Town Plan designation would not change a by-right development. He stated if it is not by-right, it would require a rezoning. Vice Mayor Hammier made a motion to table this issue. Council Member Wright noted there was no motion to table. He questioned whether Ms. Manuel receives the Loudoun Times Mirror. She stated she does. Mr. Treadwell stated no one reads the newspaper anymore. The public hearing was closed at 10:30 p.m. Mayor Umstattd noted there is a petitioners section at regular Council meetings where citizens can speak on any subject. Council Member Dunn made a motion to postpone the decision on this subject until the second meeting in January. The motion was seconded by Council Member Butler. The motion to postpone passed by the following vote Aye: Butler, Dunn, Hammier, Reid, Wright and Mayor Umstattd Nay: Martinez Vote: 6-1 e. TLSE 2008-0005 Gibson Street Elderly Housing Special Exception Town Council Meetinq of December 9, 2008 Page 13 The public hearing was opened at 10:32 p.m. Lee Phillips summarized the application by PR Construction for 19 age restricted living units on the south side of Gibson Street. He stated this property is designated Downtown on the Town Plan and is zoned Medical- Hospital Center District. He stated the proposed project is compatible with the diversity of the surrounding uses. He stated the applicant is asking for a buffer yard and screening modification and would like to use a fence to meet the screening requirement in a reduced buffer yard. He stated the fence would go around the rear of the site, except for the emergency access from the Gibson Street parking lot. The applicant, Paul Reimers, stated this will increase the number of people living near the historic district. He stated it will be less than 100 yards from the newly approved Senior Center. Council Member Reid questioned whether there were comments from the Urban Forester. Mr. Reimers stated he had no comments. He stated the white pines need removed. Council Member Reid questioned whether a tree preservation ordinance would compel the applicant to save the trees. Mr. Phillips stated we could encourage, but not compel. He added credits could be given for preservation. Vice Mayor Hammier stated she appreciates Mr. Reimers' investment in the Town. Mr. Reimers stated they pushed the building back 40 feet from the street, but there is no provision in the current ordinance to waive the front yard setback. He stated it would look better closer to the street. The public hearing was closed at 10:45 p.m. On a motion by Vice Mayor Hammier, seconded by Council Member Wright, the following was proposed: RESOLUTION 2008-195 Approving Special Exception TLSE 2008-0005 Gibson Street Elderly Housing to Permit an Age Restricted Residential Facility in the Medical- Hospital Center District 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 Town Council Meeting of December 9, 2008 Page 14 12. RESOLUTIONS a. Awarding the Dry Mill Road, Wage Drive, Anne Street Drainage Construction Contract On a motion by Council Member Dunn, seconded by Council Member Wrig ht, the following was proposed: RESOLUTION 2008-188 Awarding the Dry Mill/Anne Drainage Improvements Project Construction Contract Council Member Dunn questioned why this project needs funding, since it was funded previously. Renee Lafollette stated the funding was in a previous fiscal year and once the fiscal year had passed without utilizing the funding, the funding reverts back to the Capital Fund. The motion was approved by the following vote Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 b. Loudoun Street Development On a motion by Council Member Wright, seconded by Vice Mayor Hammier, the following motion was proposed: MOTION Directing staff to coordinate a meeting with representatives that submitted the unsolicited proposal for 6-12 West Loudoun Street and those in support of the development of a park at that site. No more than 1-2 individuals from each group are to meet with staff and a PPEA/architectural design expert (at a cost not to exceed $2,500). A report is due back to the Town Council at the first meeting in January. Council Member Dunn questioned why the amount has increased to $2,500. Mr. Wells stated the staff report shows $2,500, but he may have misspoke during his presentation. The motion was approved by the following vote Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 c. Boards and Commissions Budget Requests On a motion by Council Member Butler, seconded by Council Member Reid, the following was proposed: RESOLUTION 2008-190 Town Council Meeting of December 9, 2008 Page 15 Approving the Transfer of Funds Budgeted in the Town Council's FY 2009 Adopted Operating Budget for Project Initiatives Submitted by Town Boards and Commissions Council Member Dunn questioned why the Town pays the Town to have a booth at the Flower and Garden Show. Mr. Wells stated this is full reporting of costs/income showing what income would be if booth space was rented. The motion was approved by the following vote 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. Support for Cornwall Campus Council Member Martinez made a motion to accept Council Member Butler's proposed resolution. Council Member Butler seconded the motion. Council Member Wright made a motion to table this resolution to give the Council the opportunity to consider Council Member Reid's resolution. This motion to table was seconded by Council Member Reid. The motion to table was approved by the following vote Aye: Butler, Dunn, Reid, and Wright Nay: Hammier, Martinez and Mayor Umstattd Vote: 4-3 Council Member Reid made the following motion to accept the following resolution: RESOLUTION 2008-196 Supporting the INOVA Cornwall Emergency Room and INOVA Loudoun Expansion Plans The motion was seconded by Council Member Butler. Vice Mayor Hammier made a motion to strike the "therefore resolved" regarding traffic issues as she did not feel it is relevant at this point. Council Member Reid suggested keeping the support for the Cornwall Campus, but striking only the portion regarding traffic issues. Vice Mayor Hammier accepted this and Council Member Butler agreed. Council Member Dunn made a friendly amendment to strike the last paragraph. Town Council Meetinq of December 9, 2008 Page 16 Council Member Reid and Council Member Butler did not accept this as a friendly amendment. Council Member Dunn proposed his amendment as a motion. The motion died for lack of a second. Council Member Dunn made a motion to divide the question, i.e. dividing the last paragraph. The motion to divide the question died for lack of a second. Council Member Dunn stated he is concerned about this resolution. He stated the Council took a position on this a month ago. He stated at that time, he felt this is a County issue, not a Town issue and at the time the majority Council concurred. Mayor Umstattd stated this resolution supports INOVA Cornwall Emergency Room, but does not have to do specifically with Broadlands Regional Medical Center. Council Member Reid stated he agrees in theory with Council Member Dunn, but unfortunately a majority of Council wants to take a position. He stated his resolution is asking the Board of Supervisors to take their own Countywide Healthcare Facilities Plan into consideration. He stated we are not getting into the BRMC or zoning application. Council Member Dunn stated we made a decision to stay out of the issue. Mayor Umstattd stated the Council cannot take a formal position without a vote. Council Member Dunn stated this is not the first time the Council has changed their position. He stated this Council represents the entire Town, not just activists for those who come to speak before Council. Council Member Martinez stated the Council Members are activists for the Town citizens. He stated the Council has been elected to take a position on issues. He stated it is the responsibility of Council to be activists for the Town when something threatens it. He stated there are seven different opinions on Council to ensure not just one agenda is being followed. He stated if the County takes a stand on something that may be detrimental to the Town of Leesburg, he will take a stand based on what he thinks is right for the Town. Council Member Wright stated while there are many differing positions on this subject, the one commonality is everyone supports healthcare in Loudoun County. He stated the Cornwall Campus is a great resource for the Town and Council Member Reid's resolution makes it clear that the Town of Leesburg values the Cornwall medical facility and asks the Board of Supervisors to weigh that in their decision. He stated whether HCA does or does not construct their hospital at Broadlands is something that Council cannot control, so Council needs to work with INOVA in ways it can control to ensure the continued operation of the Cornwall Campus. Town Council Meeting of December 9, 2008 Page 17 Council Member Dunn stated this is only an opinion we can send up to the Board of Supervisors. He stated he feels it is not the responsibility of the Council to do the bidding of one business over another. Vice Mayor Hammier thanked everyone for passionately representing their viewpoints. She stated we are weighing in on a County zoning issue. She stated this is a rather unique situation given the burdensome regulations at state level regarding where they locate. She stated it is important for the Council to move forward strongly since the state may not allow INOVA to invest money in expanding Cornwall Campus since beds have been approved just down the road. She stated it is important to support INOVA because they have been good partners with the Town. She stated we do many things focused on lobbying even though we have very little authority. Council Member Reid thanked Council Member Martinez for his statesmanship and institutional memory. He stated the Council has voted on various things that do not affect the Town of Leesburg. Council Member Dunn stated we have asked the County to limit housing in expansion areas, but we have turned around and approved additional units. He stated the Town is hypocritical. Mayor Umstattd stated Council Member Reid's resolution is a good resolution; however, it does not go nearly far enough. She stated not fully supporting INOVAs position on BRMC will lead to the destruction of medical services in Leesburg. The motion was approved by the following vote Aye: Butler, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: Dunn Vote: 6-1 Mayor Umstattd made a motion to pass the following resolution: Requesting the Loudoun County Board of Supervisors to affirm support for the Countywide Healthcare Facilities Plan and to deny the project application for a regional medical center in the Broadlands area. WHEREAS, the Loudoun County Planning Commission has narrowly recommended approval subject to the proffer statement and conditions of an application to develop a regional medical center in Broadlands along the southeastern quadrant of the Dulles Greenway and Belmont Ridge Road in close proximity to two existing medical facilities, Leesburg's Cornwall Street Medical Center and the Lansdowne Campus of INOVA Loudoun; and WHEREAS, the Loudoun Board of Supervisors may consider the project application as early as January 2009; and WHEREAS, approval of the BRMC project, which is not on the Route 50 corridor would contravene and be in violation of the Countywide Healthcare Facilities Policies adopted in the 2005 Loudoun County Revised General Plan, Town Council Meeting of December 9, 2008 Page 18 especially those policies in support of expanded healthcare in Leesburg and in the Route 50 corridor; and WHEREAS, the Countywide Healthcare Facilities Policies provide that the Cornwall Emergency Facility located in Leesburg presently serves as a much needed receiving facility for EMS ambulances and residents in Western Loudoun, the County encourages the reestablishment of a full service facility at the Cornwall Campus. The County will encourage continued use and development of the Cornwall Campus; and WHEREAS, the proposed BRMC will not facilitate or promote the continued use and development of the Cornwall Campus in Leesburg and will place the facilities located at Cornwall at risk of closure; and WHEREAS, the Cornwall Campus provides the residents of Leesburg and Western Loudoun vital healthcare services and facilities that promote the health and welfare of the citizens while contributing to the economic vitality of the Town of Leesburg, to wit: 1. There are 525 individuals currently employed on the Cornwall Campus; 2. The completion of expansion plans of Cornwall Campus could generate an additional 300 jobs at the facility; 3. The 100,000 square foot medical office building on the Cornwall Campus currently has more than 64 medical providers and is owned by and was built by the physicians at their expense and reliance on the Comprehensive Plan for healthcare adopted by the County in 2005, which plan identified Leesburg as an important location for medical services; 4. The medical office building on the Cornwall Campus and the medical offices it encompasses generate real property taxes, personal property taxes and BPOL taxes to the Town of Leesburg; 5. More than $2.3 million in charity care annually is provided to patients on the Cornwall Campus including free space, services and direct financial support to the Loudoun Community Health Center, the Loudoun Free Clinic, Loudoun Cares, and the Loudoun Child Advocacy Center, all of which are located on the Cornwall Campus. The Loudoun Community Health Center and the Loudoun Free Clinic will provide over 9,000 visits this year to individuals that do not have access to healthcare. WHEREAS, the Town of Leesburg supports the efforts of INOVA Loudoun at the Cornwall Campus and their continued improvements to and enhancements of medical care for the residents of Leesburg and Western Loudoun; and WHEREAS, the Town of Leesburg is greatly concerned with the proposed location of the Broadlands Regional Medical Center due to its close proximity to the medical center at the Cornwall Campus and the Lansdowne Campus of INOVA Loudoun; and WHEREAS, the proximity of the Broadlands site to the INOVA Lansdowne Campus will likely negatively impact the economic vitality of the Town Council Meeting of December 9, 2008 Page 19 Cornwall Campus as a successful business partner in the Leesburg and Loudoun community. THEREFORE, RESOLVED by the Town of Leesburg in Virginia as follows: The Town of Leesburg requests that the Loudoun County Board of Supervisors: 1. Affirm their support of the Countywide Healthcare Facilities Plan; and 2. Deny the project application for a regional medical center in the Broadlands area. The motion was seconded by Council Member Martinez. Council Member Butler stated the reason he voted to table his resolution was because it was critical for the Town to support the Cornwall Campus. He stated we have sent a message to the Board of Supervisors that this is very important. He stated from his personal standpoint, the Council has accomplished what is most important for the Town. Council Member Wright stated we have already spoken clearly in support of Cornwall. He noted it may not be easy for HCA to locate their facilities on the Route 50 corridor due to the state COPN process. Council Member Dunn stated we should not be endorsing businesses. He stated he did not support the last resolution because of this. He stated he definitely cannot support this resolution either. He stated the Council is not the citizens' representative on the County Board. He stated there are three supervisors on the County Board representing Leesburg citizens: Kurtz, Burk and York. The resolution did not pass on the following vote: Aye: Hammier, Martinez, and Mayor Umstattd Nay: Butler, Dunn, and Wright Abstain: Reid Vote: 3-3-1 Mayor Umstattd made a motion to take Council Member Butler's resolution off the table. The motion was seconded by Council Member Martinez. The motion to take Council Member Butler's motion off the table failed by the following vote: Aye: Hammier, Martinez and Mayor Umstattd Nay: Butler, Dunn, Reid and Wright Vote: 3-4 15. NEW BUSINESS FOR CONSIDERATION AT A FUTURE MEETING a. Council Member Reid asked that the Heritage High School traffic light situation be discussed. He questioned when the CAFR will be seen by Council. Town Council Meeting of December 9, 2008 Paqe 20 Mr. Wells stated the CAFR will be brought forth as soon as the auditor is finished. Council Member Reid questioned whether Council should give staff direction as to whether they should work under the assumption of an equalized tax rate. Mayor Umstattd stated this is a subject for worksession discussion. Council Member Reid questioned whether the Town should purchase foreclosed properties for police workforce housing. Council Member Martinez stated he would be supportive of that if there was money available. Council Member Wright stated he objects to this being placed on a future agenda since he already knows the answer to whether this is possible at this time. He stated the Heritage traffic light problem needs to be looked at from the perspective that road should not have been left out of the Town. b. Council Member Dunn asked for an update on the Form Based Code and George Mason University negotiations. c. Council Member Martinez stated Council needs to start looking at Battlefield Parkway traffic impacts. He questioned whether the barber shop signage problem had been resolved. He questioned whether there is a way to let citizens know that court costs might exceed the cost of a ticket if the citizen chooses to fight the ticket in court. Ms. Irby stated it might be possible to print a warning on the back of the ticket. 16. COUNCIL COMMENTS Council Member Reid disclosed a phone call from Colleen Snow and Molly Novotny of Cooley Godward, and Dave Donofrio of the Casey Group regarding HCA. He stated the SRTC is studying how to spend their surplus funds. He stated they are looking at Valley View Avenue and will have a report back to Council. He stated the section of Battlefield Parkway between Tavistock and Kincaid is finally open. He stated the free parking seems to be working. He admitted parking at a meter for more than two hours and not receiving a ticket. He reminded everyone the fees on the Toll Road will increase after January 1. He noted there is a Smart Tag rebate program that citizens should take advantage of. He stated he enjoyed the Holiday Parade. He requested making the parade earlier in the day so it would be warmer and the children wouldn't be so cold. Council Member Butler disclosed meeting with people from INOVA and people from HCA. He commended Ms. Roberts for her speech at the Tree Lighting. He stated the parade was a lot of fun. He wished everyone who is having a holiday coming up the best. He wished everyone a happy new year. He gave Council Member Reid a lighter as a Hannukah present so he would be able to light the menorah at next year's Tree Lighting Ceremony. Council Member Wright stated the Tree Lighting was very good. He disclosed a meeting with Mike Banzhaf and others interested in the potential rezoning of the Town Council Meetinq of December 9, 2008 Paqe 21 autopark. He stated he had meetings with HCA and representatives from INOVA. He stated the Form Based Code Committee met and test cases are being run. He stated a follow-up meeting is scheduled for January. He explained his question regarding the newspaper. He stated he had previous reports that the paper was not being delivered inside apartments and condos. He wished everyone happy Holidays. Council Member Martinez suggested the parade and the tree lighting be held on the same night. He noted his wife made the robes for the Three Wise Men on the Knights of Columbus float. He thanked Chief Price for the presentations he made at the worksession. He congratulated the Loudoun County Volleyball team for their achievement. He disclosed a phone call with Rod Williams. He reminded everyone of the employee holiday luncheon tomorrow. He wished everyone a merry Christmas, happy Holidays and happy Hanukah. Vice Mayor Hammier disclosed a call from Cooley Godward on December 1 and a follow-up with Dietrich Stephan on December 1 and a phone call with Jerry Coughter. She disclosed an email exchange with James Rohrbaugh. She disclosed attending the GMU open house at the Loudoun Campus and talking with Mark Stavish. She thanked staff for the annual report. She stated she supports ordinance changes to accommodate moving buildings up closer to the street as mentioned by Paul Reimers. She stated the Tree Lighting ceremony was lovely and appreciated the anonymous donor's contribution of the tree. She thanked staff for their hard work throughout the year. Council Member Dunn had no comments. 17. MAYOR'S COMMENTS Mayor Umstattd disclosed speaking to Rod Williams regarding the hospital issue. She thanked all members of Council for their attendance at the Tree Lighting and the parade. She thanked the Francis Hazel Reid Elementary School choir and the Loudoun County High School choir. She wished everyone a merry Christmas and a safe and happy Holidays. 18. MANAGER'S COMMENTS Mr. Wells reminded everyone of a neighborhood meeting with Dominion Virginia Power on Wednesday, December 17 at the Loudoun County High School Library. He stated they are in the process of mailing invitation letters to the neighborhood. He stated there is information on foreclosure assistance in the Council folders. He stated Leesburg can be included in a County request. He stated Ida Lee will be hosting the employee luncheon tomorrow. He reminded Council of the special meeting on December 18. Mayor Umstattd questioned whether there would be a quorum for the special meeting. Mr. Wells stated he believes there will be a quorum and will send out a reminder. 19. CLOSED SESSION There were no Closed Sessions 20. ADJOURNMENT Town Council Meetinq of December 9. 2008 Page 22 On a motion by Council Member Wright, seconded by Council Member Martinez, the meeting was adjourned at 11:55 p.m. 4~0.~~ Kris C. U stattd, Mayor ~ Town of Leesburg W]() ~- 2008_ TCMIN1209