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Home My Public Portal About2009_tcmin1124COUNCIL MEETING November 24, 2009 Council Chambers, 25 West Market Street, 7:30 p. m. Mayor Umstattd presiding. Council Members Present: Thomas S. Dunn, II, Katie Sheldon Hammler, David Butler, Marty Martinez, Kenneth °Ken" Reid, Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: Council Member Dunn arrived at 7:45 p.m. Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Deputy Town Attorney Barbara Notar, Assistant to the Town Manager Kathleen Leidich, Chief of Police Joe Price, Airport Director Tim Deike, Director of Information Technology Wendy Wickens, Deputy Director of Planning and Zoning Brian Boucher, Senior Engineer Paul Webster, Assistant Director of Capital Projects Tom Brandon and Clerk of Council Lee Ann Green AGENDA ITEMS 1. Call to Order 2. Invocation was lead by Council Member Kevin Wright 3. Salute to the Flag was lead by Cub Scout Pack 1158, Den 10 4. Roll Call showing Council Members Dunn arriving at 7:45 p.m. 5. Minutes a. Work Session Minutes of November 9, 2009 On a motion by Council Member Butler, seconded by Vice Mayor Hammler, the minutes were passed 6-0-1 (Dunn absent). b. Regular Session Minutes of November 10, 2009 On a motion by Council Member Butler, seconded by Council Member Wright, the minutes were passed 6-0-1 (Dunn absent). 6. Adopting the Meeting Agenda (Amendments and Deletions) Council Member Butler made a motion to adopt the meeting agenda as presented. The motion was seconded by Council Member Martinez. The motion to adopt the meeting agenda passed by the following vote: Aye: Butler, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Dunn absent) 7. PRESENTATIONS a. None 8. PETITIONERS The Petitioners section was opened at 7:40 p. m. Anthon~Crow, Linden Hill Way, stated he understands there is nothing that Linden Hill can do about the improvements, but they made 41,000 left turns out of Town Council Meeting of November 24 2009 Paae 2 their development last year. He questioned whether a trigger could be put on Linden Hill to change the light at Country Club Drive so they will have time to make a U-turn at Greenway. He noted once the final segment of Battlefield Parkway is completed, they will be able to connect to Town by going south on Rt. 15. Ravmond )ones, Linden Hill Way, requested Council consider a blinking light for Linden Hill residents. He stated Battlefield will not be completed any time soon. Mayor Umstattd asked Tom Brandon to comment on the requests by the Linden Hill residents. Tom Brandon stated there has been no decision yet as the Town has only prepared a preliminary design to establish right-of-way limits on the roadway so they can move forward with right-of-way acquisition and utility relocation. He stated they are moving forward with the engineers, the approval agencies and the community so they can (1) make it safe, (2) improve the traffic flow for the entire corridor, (3) make it convenient for the Linden Hill community, and (4) have a plan that is approvable by all agencies. He noted they would be holding a community meeting after the new year. Mayor Umstattd questioned which agencies will need to approve the plan. Mr. Brandon stated VDOT and the Town's Plan Review Department. The Petitioner's section was closed at 7:43 p.m. 9. ADOPTION OF THE CONSENT AGENDA On a motion by Council Member Wright, seconded by Council Member Butler, the following consent agenda was proposed: a. Awarding the Contract for Voice Over IP (VOIP) System RESOLUTION 2009-137 Approving Award of Contract to Digital Intelligence Systems, Inc. for Software and Hardware for the Implementation of the Voice Over IP System in the Amount of $200,668.27 b. Oaklawn at Stratford Performance Guarantees and Water & Sewer Extension Permits RESOLUTION 2009-138 Approving the Division of the Oaklawn at Stratford-Phase 1 Public Improvements into Phases SA and 1B; Accepting the Public Improvements, Releasing the Performance Guarantee and Accepting Maintenance Guarantee for Oaklawn at Stratford-Phase lA Public Improvements; Authorizing an Agreement, Making a Reduction of the Performance Guarantee, Approving a Performance Guarantee, and Approving Water and Sewer Extension Permits for Oaklawn at Stratford-Phase 1B Public Improvements Acceptance of a Donation and a Grant and Authorization of an A~ropriation of $15 000 to the Police Department's FY 2010 Budget Town Council Meeting of November 24, 2009 Page 3 RESOLUTION 2009-139 Approving Amendments to the FY2010 General Fund Budget and Making Appropriations for $15,000 Awarded through a Donation Received by the Police Department from Loudoun Guns and a Grant from the Virginia State Police d. Awarding the 2009 Annual Street Maintenance -Concrete and Brick fair Construction Contract RESOLUTION 2009-140 Awarding the 2009 Annual Street Maintenance -Concrete and Brick Repair Construction Contract e. Design for South King_Street Widenina RESOLUTION 2009-141 Endorsement of Design Plans for the South King Street Widening Project f. 2010 Community Development Block Gran~CDBG) Application RESOLUTION 2009-142 Endorsing the Application and Authorizing the Town Manager to Execute Any and All of the Documents Associated with the 2010 Application for a Community Development Block Grant in order to Fund the Construction of a Sidewalk on Plaza Street, N.E. Between the Leesburg Police Department and Edwards Ferry Road The Consent Agenda 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. None 11. ORDINANCES a. None 12. RESOLUTIONS a. Zoning Ordinance Amendment/Comprehensive Sign Review Initiation On a motion by Council Member Reid, seconded by Council Member Wright, the following was proposed: RESOLUTION 2009-143 Initiating Amendments to the Leesburg Zoning Ordinance Pertaining to Signage Council Member Reid stated this is a good thing to do and hopes that the stakeholders meeting will produce some good reforms. Town Council Meeting of November 24 2009 Page 4 Vice Mayor Hammier requested the Economic Development Commission be included in the stakeholders group. 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 a. Rules of Order/Ethics/Agenda Setting Process On a motion by Council Member Reid, seconded by Council Member Butler, the following was proposed: RESOLUTION 2009-144 Adopting an Updated Ethics Policy for Town Council Council Member Reid stated he is happy all the ethics statements have been consolidated into one place. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 14. NEW BUSINESS a. None 15. COUNCIL COMMENTS Council Member Reid disclosed a meeting with the Raspberry Falls HOA to discuss extension of utilities to deal with their water problems. He stated he would be honored to light the Hannakah menorah at the Tree Lighting ceremony. He reminded everyone the parade will be on December 12. He noted he attended Bob Twigg's funeral. He stated he also attended the Mormon Chapel open house, which was opened last month. He reported Virginia McGuire will be resigning from the Environmental Advisory Commission due to her fight with lymphoma. He stated Virginia and Neely Law have done wonders with the EAC and have had a great Impact on the community. He asked everyone to say a prayer for her and wished everyone a safe and happy Thanksgiving. He stated he would try to have a nominee at the next meeting for the vacant position. Council Member Butler stated he is saddened that Virginia has to leave the EAC and her greatest legacy is the commission will be continue to be successful. He stated the EAC's Better Site Design Workshop was very well attended and will help the environmental impact of development across Leesburg and Loudoun County if the developers adopt some of what was learned, He stated he had an opportunity to review the streams through Leesburg and got a very good education on our impact to streams and their impact on us. He stated if you were an alien from another planet, you would come to the conclusion that the dominant species on the planet is the automobile because we spend a great deal of time and effort to make homes for them, places for them to travel and park. He noted the Better Site Design Workshop's focus is how to reduce impervious surface and locate things within walking distance. He Town Council Meeting of November 24 2009 Page 5 thanked staff for moving ahead with restriping Sycolin Road and the potential for a light at Hope Parkway. Council Member Wriaht disclosed a conversation with Cornerstone Chapel in regards to their application. He thanked everyone for their support of his family this past week. He stated he was very grateful to be part of a community like this one. He offered his support and prayers for Ms. McGuire and wished everyone a happy Thanksgiving. Council Member Martinez offered his condolences to Council Member Wright and his family. He stated they are praying for Ms. McGuire. He stated this underscores the purpose of Relay for Life and expressed hope that more people will volunteer to help fight cancer. Vice Mayor Hammier stated she was moved by Council Member Wright's words at Bob Twigg's funeral. She stated Mr. Twigg touched so many lives in so many ways in the community. She disclosed a meeting with Jan Zacharaisse of Waterford Development and Roger Stough of George Mason University. She also disclosed a conversation with Mike Banzhaf. She thanked staff for the hard work on Woodberry Road. She stated staff did a wonderful job on the Freeze Your Gizzard race to benefit Loudoun Interfaith Relief and noted a lot of food was collected. She wished everyone a happy Thanksgiving. Council Member Dunn stated it can be hard to find something to be thankful for during trying times. He stated he has found strength in a passage from ]ob in which God would not allow Job to be tried more than he can endure. He stated hopefully others who are going through trying times can find strength from that. 16. MAYOR'S COMMENTS Mayor Umstattd relayed compliments to the Street Division for their efforts on leaf collection throughout Town. She noted the Moose Lodge has been working hard on getting toys to kids around Town who do not have a lot in the way of material goods. She thanked the Moose Lodge for their continuing efforts. Mayor Umstattd relayed her feelings of Bob Twigg's respect for Council Member Wright and thanked him for his grace during this trying time for his family. She offered her prayers for Ms. McGuire and thanked Council Member Reid for his prayers. She reminded everyone of the tree lighting on December 4 at 6 p.m. on Town Green and the Holiday Parade at 10 a.m. on December 12. She wished everyone a great Thanksgiving. 17. MANAGER'S COMMENTS Mr. Wells offered his condolences on behalf of Town staff to Council Member Wright and his family on their loss. He wished everyone a safe and happy Thanksgiving. He noted the Town of Leesburg won the Turkey Bowl against Loudoun County. 18. CLOSED SESSION None Tgwn Council Meatinc,~af November 24,..:_2.009__._____ Page 6 i9. A[?Jt3UNhiE1YT On a motioi7 by Council Member Martinez, seconded by Council Member 4Vrigtit, the meeting was adjourned at 8:0b p.n, t~ tA`~~5~~ r`~j ti'tr' 4~~t ~ ~ i~ 'trr r Clark of Gdu~I~} 2009 TCb1IN1124 _ ~ -~; `~ _..--~.~ _: F t ~~- n~C. Umstattd, Mayor {'~ Town of Laesburg