HomeMy Public PortalAbout2011_tcmin0308COUNCIL MEETING March 8, 2011
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: David Butler, Katie Sheldon Hammler, Fernando "Marty"
Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor Umstattd.
Council Members Absent: Thomas Dunn, II
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town
Manager Kaj Dentler, Director of Public Works Tom Mason, Director of Planning and
Zoning Susan Berry Hill, Zoning Administrator Chris Murphy, Economic Development
Manager Marantha Edwards, Deputy Director of Planning and Zoning Brian Boucher,
Director of Parks and Recreation Richard Williams, Chief of Police Joseph Price,
Director of Information Technology Wendy Wickens, Director of Finance Norm Butts,
Director of Plan Review William Ackman, Library Director Alexandra Gressitt, Deputy
Director of Parks and Recreation Kate Trask, Senior Management Analyst Bob Berkey,
Senior Management Analyst Annie Carlson, -and Clerk of Council Lee Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was led by Mayor Umstattd
3. SALUTE TO THE FLAG was led by Vice Mayor Wright
4. ROLL CALL showing all Council Members Dunn absent. Council Member
Martinez arrived at 7:38 p.m.
5. MINUTES
a. Work Session Minutes of February 22, 2011
On a motion by Council Member Reid, seconded by Council Member
Butler, the work session minutes were passed 5 -0 -2 (Dunn, Martinez absent).
b. Regular Session Minutes of February 23, 2011
On a motion by Vice Mayor Wright, seconded by Council Member
Butler, the minutes were passed 5 -0 -2 (Dunn, Martinez absent).
6. ADOPTING THE MEETING AGENDA (Amendments and Deletions)
Vice Mayor Wright made a motion to adopt the meeting agenda as presented.
The motion was seconded by Council Member Butler and approved by the
following vote:
Aye: Butler, Hammler, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 5 -0 -2 (Dunn, Martinez absent)
7. PETITIONERS
The Petitioners section was opened at 7:33 p.m.
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Stanley Caulkins stated the audio for the broadcast last night did not work. He
stated at the last Council meeting, the Board of Architectural Review discussed the
appropriateness of the Downtown Improvements, which was not well attended. He
questioned whether anyone cares. He stated he has heard a lot of rumors about budget
shortfalls, which he feels shortens the timeline for getting the Downtown Improvements
started. He recommended rescinding the vote and putting the money back into the
budget. He stated the Downtown Improvements can be looked at another year.
Kathleen Quinn stated she is a resident of Kincaid Forest representing the
Homeowner's Association and a large number of the neighbors. She stated they have
great deal of concern regarding county plans to build out the Government Support
Center off Sycolin Road including extension of a part of Crosstrails Boulevard and
expansion of facilities that are currently located at the government support center
including expansion and relocation of the Juvenile Detention Center, expansion of the
Adult Detention Center and other related facilities including work release, probation,
and a number of facilities that are client based services. She stated they will be located
right next to the neighborhood. She stated they are also concerned about the phasing of
the roads in terms of cut through traffic in their neighborhood. She stated the problems
that currently exist on Sycolin Road mean that Kincaid Boulevard will become the
preferred alternative for Sycolin Road and Route 7 for anyone who is trying to access the
Leesburg Park and Ride, which has almost 700 parking spaces. She stated that Kincaid
Boulevard will become the main point of access for Philip Bolen Park, which is
scheduled to open in the spring with extremely inadequate access. She requested the
Council support the residents of Kincaid Forest with working with the county to find a
better way to handle the facilities and phasing of the roads.
Mayor Umstattd stated that Supervisor Kelly Burk has asked staff to look at an
alternative plan that would put the Juvenile Detention Center at the far end of the
property from the neighborhoods. She stated she has also asked county staff to work on
an access plan that would not require Kincaid Boulevard be extended during the
construction phase. She stated it is important for the community to continue to support
Supervisor Burk's efforts.
Ms. Quinn stated that one of the points made in the Public Information Session
last week was that the proposed location of the Juvenile Detention Center was driven by
a code regulation requiring a minimum distance between an adult center and a juvenile
center. She stated she researched this on her own and can only come up with the Sight
and Sound separation policy, which is in complete contradiction to what the County is
saying.
Sandy Kane, resident of Kincaid Forest, stated Kincaid Forest that they have a
collector road that bisects their community and when the road is opened to Crosstrails,
they will have a phenomenal amount of traffic flowing through their community. She
stated her biggest concern is that it is important to not open Kincaid Boulevard during
the construction of the support center facilities. She stated the town has the legal right
not to issue a permit to the county. She asked that the town get involved and not leave it
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to the communities to fight this battle by themselves. She also asked that Bolen Park
have another entrance to besides Crosstrails.
The Petitioners section was closed at 7:49 p.m.
8. PRESENTATIONS
a. First Night 2010 Wrap Up
Kate Trask gave Council an update of the 2010 First Night event. She
stated that due to the wonderful weather, there was a crowd of approximately
3,500 in attendance. She noted that a number of groups supported the event with
volunteers. She reviewed the marketing program for the event. She stated they
brought in $26,074 in donations, which was about $10,000 over their goal.
Vice Mayor Wright asked for an accounting of the fund balance once it is
completed.
Bob Sevila thanked the Council for having confidence in the event and its
organizers. He presented Council with a framed First Night poster.
b. FY 2012/FY2013 Budget Presentation, Part II
Mr. Wells presented the proposed budget for 2012/2013. He stated six
months ago, the Council established strategic initiatives and one of them was to
establish long term budget sustainability, which is important in light of the severe
recession on the residents, federal government, state government and county
government. He stated that long term budget sustainability means having a
multi -year operational budget, a six year capital improvements program that
matches the time line for the VDOT Six -Year Plan, taxpayer affordability,
developing a CIP that meets debt ratios and an overall plan that meets the town's
fiscal policy.
He discussed some specifics of the budget document including the
recommendation for the elimination of 31 full time employee equivalents. He
noted that these are not all currently filled positions.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member
Butler, the following consent agenda was proposed:
a. Initiation of Amendments to the Town Code Regarding Removal or
Repair of Blighted, Dilapidated or Derelict Structures
RESOLUTION 2011 -024
Initiating Amendments to the Town Code in Order to Effectuate the
Removal or Repair of Blighted, Dilapidated or Derelict Structures within
the Town
b. Douglass School Memorandum of Understanding
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RESOLUTION 2011 -025
Authorizing the Mayor to Execute a Memorandum of Understanding
Between the Town and Loudoun County Public Schools Regarding the
Turner Harwood Drainage Improvement Phase I and Phase II and the
Frederick Douglass Elementary School Project
c. Initiation of Zoning Ordinance Amendment (Crematoriums in Existing
Funeral Homes)
RESOLUTION 2011 -026
Initiating an Amendment to the Leesburg Zoning Ordinance to Permit a
Crematorium as an Accessory Use to a Funeral Home in the B -1
Community (Downtown) Business, the B -2 Established Corridor
Commercial District and the B -3 Community Retail /Commercial Zoning
Districts
The Consent Agenda was approved by the following vote:
Aye: Butler, Hammler, Martinez, Reid, Wright, and Mayor
Umstattd
Nay: None
Vote: 6 -0 -1 (Dunn absent)
10. PUBLIC HEARINGS
a. Dodona Fence Appeal
The public hearing was opened at 8:39 p.m.
Ms. Irby outlined the process for this public hearing which is an appeal to
the Council of a decision by the Board of Architectural Review.
Mr. Boucher reviewed key dates in the timeline for this appeal. He
reviewed the standard of review the Council will have to apply in this case, which
are if the Council finds the Board's decision to be contrary to law or an abuse of
discretion or affirmation.
Ron Rust, stated he is one of the appellants in the case and he and his wife
live in the historic district and have a business in the historic district. He stated
the renovation of the gardens and Dodona Manor creates a gateway into the
historic district that is in contrast with the sprawl of East Market Street, but the
fence is not an attractive addition to Leesburg.
Ben Leigh asked Council to reverse the BAR decision to approve the fence
along Market Street as it is incompatible with the historic district and it was
approved under multiple errors of law. He noted the Board of Architectural
Review approval was based on criteria for existing structures. He urged Council
to look at the fence
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Chuck Shotton stated he feels this was a very arbitrary decision by the
Board of Architectural Review. He stated he was present and listened to the
discussion and there was a great deal of emphasis on the fact that they would lose
their funding from the Garden Club of Virginia if the Board of Architectural
Review did not approve the fence as they submitted it. He stated there was a
great deal of emphasis placed on the fact that it had to be a historically accurate
re- creation of the fence and that it would honor the general's legacy.
Dieter Meyer, representative for the Board of Architectural Review stated
he is not an attorney, so he will not attempt to offer a rebuttal of Mr. Leigh's
argument; however, at the time he was the Vice Chairman of the BAR and did
not participate because he had a conflict of interest at that time, which he no
longer has. He stated the BAR reviews each case individually on its own merits
considering the facts of the case, the applicable design guidelines and any relevant
precedent. He stated review of the minutes from every meeting the fence was
considered shows no compelling rational to justify the appellant's claim. He
stated the BAR evaluated the case and interpreted the applicable design
guidelines to the best of its ability based on the evidence that was presented.
Stephen Price stated he serves as president of the Marshall Center. He
emphasized that the role of the Town Council is not to decide what they would
do with respect to the application for the fence, but its role is limited to
determining whether the Board of Architectural Review, after giving much
thought, comment and public participation, was in error either because it was
contrary to law or that they acted in an arbitrary fashion. He argued that
Dodona Manor is the most historically significant building in the entire Town of
Leesburg because of its connection with General Marshall. He stated a pretty
wrought iron fence would not be historic as that was not one of the additions that
the Marshall's made to the property.
Ben Leigh stated that aesthetics and historic compatibility is not the test.
He stated that it is contrary to law to use the test of historic appropriateness. He
stated this is a new structure and there is a difference between new structures and
existing structures.
Ms. Irby stated she has gone back and looked at the record. She reviewed
the following facts: At the Town Council meeting of February 20, 2007, the
former Town Attorney indicated that the decision made by the BAR was
contrary to law because the Zoning Ordinance Section 10.4.5.6.1 prohibited a six
foot tall fence in the front yard and the application could not be processed, so it
was contrary to law from the very beginning. At that point, Council Member
Reid made a motion, seconded by Council Member Wright to table the action on
the appeal cases until such time as the location of the fence in the front yard or
side yard had been determined by the Zoning Administrator and on appeal by the
Board of Zoning Appeals and the Circuit Court of Loudoun, as appropriate. She
stated both attorneys agreed that it would be appropriate to table the matter until
such time as it could be determined that the application was appropriate at the
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time the application was made. The Zoning Administrator issued his
determination on May 17, 2007, which was not successfully appealed by
Dodona. It went to the BZA and the parties, on their own, opted for a different
solution as opposed to a remedy proposed by the BZA. The BZA said the appeal
would be moot if Mr. Sevila took the action of trying to resolve this matter
without their help. In so doing, the decision not being made by the BZA did not
overturn the decision made by the Zoning Administrator, Mr. Boucher, when in
fact the original decision was contrary to law. As the Town Council tabled the
matter so that the Zoning Administrator could make that decision under Section
10.4.5.6, it was contrary to law at the time the BAR made the decision and the
subsequent events that occurred after the BAR granted the Certificate of
Appropriateness were not available to the BAR at the time. At the time that the
BAR made the decision, the Zoning Administrator would have determined that
the fence was in the front yard. The BZA did not make a decision as to whether
the Zoning Administrator interpretation was correct as the parties availed
themselves of a different remedy by recording a no access easement.
Accordingly, the Certificate of Appropriateness as granted by the BAR was
contrary to law at the time. However, the applicant is free to reapply should the
Council agree that the decision was contrary to law now that the entire front and
side yard issues have been determined and all applicable appeal periods with
respect to that issue have expired.
The appeal hearing was closed at 9:28 p.m.
Council Member Reid confirmed that the applicant can re- submit for a
Certificate of Appropriateness for a fence if the Council finds the BAR's decision
was contrary to law. Further, he confirmed that if the Council finds the BAR's
decision was appropriate, the appellants can appeal to the Circuit Court. He
questioned whether his involvement as a liaison to the BAR or Mr. Martinez'
statements to the BAR at the time could prejudice the case in any way.
Ms. Irby stated it would not. She stated the courts have ruled that the
minutes are the official record of Council meetings, as approved by Council so
generally Council Members cannot be compelled to testify.
Vice Mayor Wright questioned, for clarification, whether in 2006 was a
six foot fence legally allowed in the front yard.
Mr. Boucher stated that is a zoning issue and at that time, under the
section cited, it said that in a front yard a fence could not exceed 42 inches.
Council Member Hammler stated she agrees with the Town Attorney's
summary.
Council Member Butler clarified that this is the reopening of the issue that
was tabled on February 20, 2007.
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COUNCIL MEETING March 8, 2011
Ms. Irby stated at the time, the application was for a front yard fence and
the parties were given the opportunity to go to the BZA to challenge the Zoning
Administrator's decision and was not challenged at the BZA level as the parties
chose to deal with it in a different manner.
Mr. Price asked for an opportunity for rebuttal.
It was indicated that the appeal hearing was closed; however, he could
speak to the Town Attorney, but not the Council.
Mr. Price stated they are here on appeal that was brought by other parties
on certain grounds from the BAR. He stated none of the grounds brought by Mr.
Shotton or Mr. Rust, through his counsel, Mr. Leigh, addressed the point that
Ms. Irby is raising. He stated she is raising a new ground for overturning the
decision of the BAR. He stated the issue is limited to appeal of whether the
decision is contrary to law but it is not a ranging operation where you go back
and see if there are some grounds that render it illegal. He stated you have to
look at the grounds raised by the appellants.
Ms. Irby stated this is not a surprise, it is the opinion of the Town
Attorney in 2007 and was tabled so that Mr. Sevilla and Mr. Leigh could pursue
their remedies via the BZA.
Mr. Leigh stated it is important to recall, as an appellate court, Council
can reach a result through multiple avenues. He stated putting aside Ms. Irby's
issue, there has been no rebuttal on the appellant's assignment of error #1, which
was the BAR used standards contrary to law for an existing fence. He stated this
is a new fence. He stated Council can reverse on that ground or reverse on what
Ms. Irby stated.
On the motion of Vice Mayor Wright, seconded by Council Member
Reid, the following was proposed:
MOTION 2011 -013
I move to reverse the decision of the Board of Architectural Review as
upon finding that its decision is contrary to law
Vice Mayor Wright stated in looking at the various basis for appeal, those
have been proven on several points.
Council expressed its gratitude for everything that the Marshall
Foundation adds to the town.
The motion was approved by the following vote:
Aye: Butler, Hammler, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6 -0 -1 (Dunn absent)
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COUNCIL MEETING March 8, 2011
b. Amending the Town Code to Establish an Arts and Cultural District
The public hearing was opened at 9:43 p.m.
Ara Bagdasarian, Chair of the Economic Development Commission and
Pam Butler, Chair of the Commission on Public Art were co- presenters for this
public hearing. Mr. Bagdasarian stated one of the key projects the Council and
the community have adopted is the vision to have the downtown serve as a
destination for arts, entertainment and dining. He stated to that end, they formed
a joint task force with the Commission on Public Arts to look at an Arts and
Cultural District. He stated the Mason Enterprise Center and the Downtown
Improvements Project will help facilitate and improve downtown Leesburg.
Ms. Butler reviewed the background of the state's enabling law and the
actions of Leesburg and other jurisdictions to date to facilitate the creation of arts
and cultural districts.
Mr. Bagdasarian reviewed the incentives, the criteria to qualify as an arts
organization and the possible costs of the program.
Ms. Butler stated that while the arts can be seen as a luxury, in difficult
economic times, it is a marketing tool for local government as people are looking
for local entertainment options. She stated that cultural districts that work can
economically save urban areas for a nominal investment by the town.
Dieter Meyer stated he is speaking as a member of the Downtown
Improvements Association and is in support of this district. He stated this is an
important piece of the puzzle for the downtown. He urged Council to move
forward with this district.
Michael O'Connor stated he supports the Arts and Cultural District. He
stated providing incentives to locate downtown is a great idea.
The public hearing was closed at 9:59 p.m.
On a motion by Council Member Reid, seconded by Council Member
Martinez, the following was proposed:
ORDINANCE 2011 -0 -005
Creating a New Chapter 7 of the Leesburg Town Code to Establish an
Arts and Cultural District within the Town of Leesburg
Council Member Reid stated he is glad the town will be making this
investment in the downtown and thanked everyone for their work on the project.
Vice Mayor Wright stated it removes a hurdle to an arts related business
locating downtown.
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Council Member Hammler stated there are some that believe there really
is not anything of substance here for arts and artists; however, she stated this is a
branding effort and she supports that. She stated at this juncture, anything to
attract people downtown will aid in increasing foot traffic.
Council Member Butler stated this has the potential to bring more arts
organizations downtown taking a big step towards fulfilling the arts,
entertainment and dining vision.
Mayor Umstattd stated she has a philosophical problem with government
at this level supporting the arts. She stated she feels there are a number of
loopholes in this legislation because nothing requires the property owner to pass
along the real property tax savings to the tenant.
The motion was approved by the following vote:
Aye: Butler, Hammler, Martinez, Reid, and Wright
Nay: Mayor Umstattd
Vote: 5 -1 -1 (Dunn absent)
Council Member Hammler stated she was at the county EDC meeting on
Friday and a speaker said the best meal he had in Loudoun County was at
Palio's, in downtown Leesburg.
c. Authorizing an Offer to Acquire Fee Simple Right of Way for Property
Owned by International Pavilion Limited Partnership
The public hearing was opened at 10:08 p.m.
Keith Wilson stated these additional land rights are necessary for the
completion of Battlefield Parkway from Edwards Ferry Road to Fort Evans
Road. He noted the only issue outstanding is compensation for the land rights.
Ms. Irby noted that Ms. Carr Shrump passed away last week, but the
litigation is expected to continue with her estate being represented by Mr.
Sevilla's office.
There were no speakers for this public hearing.
The public hearing was closed at 10:17 p.m.
On a motion by Vice Mayor Wright, seconded by Council Member
Martinez, the following was proposed:
RESOLUTION 2011 -028
Declaring that a Public Necessity and Use Exists, Authorizing an Offer to
Acquire Fee Simple Right of Way from PIN 147 -27- 1333 -000 and
Payment of Just Compensation for Easements on and or Across PIN 147-
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COUNCIL MEETING March 8, 2011
17- 1241 -000 for the Battlefield Parkway- Edwards Ferry Road to Fort
Evans Road Project, and Authorizing Condemnation if the Offer is not
Accepted
The motion was approved by the following vote:
Aye: Butler, Hammler, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6 -0 -1 (Dunn absent)
d. Auhorizing an Offer to Acquire Easements Across Real Property Located
at 1501 Edwards Ferry Road
The public hearing was opened at 10:18 p.m.
Keith Wilson stated the construction of Battlefield Parkway, the overhead
utility lines long the south side of Edwards Ferry Road will need to be relocated
to private property, which will need to be acquired.
There were no speakers for this public hearing.
The public hearing was closed at 10:20 p.m.
On a motion by Council Member Reid, seconded by Council Member
Butler, the following was proposed:
RESOLUTION 2011 -032
Declaring that a Public Necessity and Use Exists, Authorizing an Offer to
Acquire Fee Simple Right of Way and Easements from PIN 147-36 -8209-
000 and 147 -26 -5426 -000 for the Battlefield Parkway- Edwards Ferry Road
to Fort Evans Road Project, and Authorizing Condemnation if the Offer is
not Accepted
The motion was approved by the following vote:
Aye: Butler, Hammler, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6 -0 -1 (Dunn absent)
e. Amending Chapter 2, Article V of the Leesburg Town Code to Add an
Out of Town Customer Member to the URAC
The public hearing was opened at 10:21 p.m.
John Wells stated Council recommended that the Utility Rate Advisory
Committee be expanded to include an additional out of town member as
currently there are seven in town members and two out of town members. He
noted that some members of Council have proposed that a seat be added for a
member of Citizens for Fair Water Rates.
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COUNCIL MEETING March 8, 2011
Council Member Reid questioned whether a specific group is specified for
a seat on a commission anywhere else in the Code.
Ms. Irby stated this will be the first time.
Council Member Reid stated he feels there is a problem with specifying
that a specific organization gets a vote. He requested support for striking that
specification.
Council Member Martinez stated he supports not specifying an
organization.
There were no speakers for this public hearing.
The public hearing was closed at 10:26 p.m.
On a motion by Vice Mayor Wright, seconded by Council Member
Martinez, the following was proposed:
ORDINANCE 2011 -0 -006
Amending Section 2 -230 (Leesburg Utility Rate Advisory Committee) of
Article V (Boards and Commissions) of Chapter 2 (Administration) of the
Leesburg Town Code to Add an Out of Town Customer Member to the
Leesburg Utility Rate Advisory Committee
Vice Mayor Wright noted that his motion included the omission of the
language "...one of which may be a member of Loudoun Citizens for Fair Water
Rates or a similar organization He stated this would allow Council to address
the out of town customer base while still having a majority of the advisory
committee be town residents. He noted at the time this committee was
established, a portion of the customer base was excluded based on litigation. He
stated his hope that this can be the final step with everyone moving forward to set
fair, reasonable, practicable, and equitable rates for all the customers.
Council Member Hammler stated this is an opportunity to invite those
who are willing to do research that will help Council make the best policy
decisions.
Mayor Umstattd stated she strongly opposes adding an additional out of
town customer to the committee as it is already difficult to get a quorum and now
a quorum could include half out of town members. Further, she stated she
opposes further diluting the authority of the citizens of Leesburg over the utility
system that they own. She stated she feels Council has an obligation to fight hard
for the citizens of Leesburg.
Vice Mayor Wright stated the interests of the citizens of Leesburg is first
and foremost in his mind. He stated he is also mindful of the responsibility to
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COUNCIL MEETING March 8, 2011
make sure that the rates being adopted are fair, reasonable, equitable and
practicable and anything that helps from a data gathering standpoint is a good
thing.
The motion was approved by the following vote:
Aye: Butler, Hammler, Martinez, Reid, and Wright
Nay: Mayor Umstattd
Vote: 5 -1 -1 (Dunn absent)
11. ORDINANCES
a. None
12. RESOLUTIONS AND MOTIONS
a. Mason Enterprise Center 2n Floor
On a motion by Council Member Reid, seconded by Vice Mayor Wright,
the following was proposed:
RESOLUTION 2011 -029
Authorizing the Town Manager to Execute a Letter of Intent and Lease to
Lease Additional Space(s) for the George Mason Enterprise Center
The motion was approved by the following vote:
Aye: Butler, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 5 -0 -1 -1 (Dunn absent /Hammler abstaining)
b. Initiation of Zoning Ordinance Amendment for Temporary Use Permits
On a motion by Council Member Martinez, seconded by Council Member
Reid, the following was proposed:
RESOLUTION 2011 -030
Initiating an Amendment to the Leesburg Zoning Ordinance to Permit
Carnival, Circus, Festival, Fair, Dog Show, Horse Show, Fireworks
Show, Tent Revival or Similar Meetings as Temporary Uses in the R -1
Single Family Residential Zoning District
Council Member Martinez stated this was in response to Arc of
Loudoun's request.
Vice Mayor Wright expressed concern that the town will be end up
prohibiting something that has currently been allowed with regards to elementary
school fun fairs.
Chris Murphy stated the town usually does not get involved in school
activities unless they have moon bounces /tents, which need county inspection as
they are part of the normal school activities and only involve students and
parents. He stated this use is a festival inviting the general public.
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The motion was approved by the following vote:
Aye: Butler, Hammler, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6 -0 -1 (Dunn absent)
c. Establishing a Committee to Address the County Government Support
Center (Shellhorn)
Council Member Reid made a motion to forward his proposed resolution
to the County after striking language calling for an immediate halt to design of
the support center. The motion was seconded by Council Member Hammler.
Council Member Reid offered an amendment to add the appointment of
Mary Harper to the ad -hoc committee studying the support center. The friendly
amendment was accepted by Council Member Hammler.
Council Member Reid stated it is good to on record dealing with the
community's concerns about Miller Drive, keeping the barricades up during
construction, and ask the county to build Crosstrail to the park.
Vice Mayor Wright stated the agenda shows a motion endorsing the
county government ad -hoc committee. He stated this resolution proposes
opposition to construction of the juvenile detention center.
Council Member Martinez stated the question should be divided into the
committee appointment and the Council's position. Vice Mayor Wright
seconded the motion.
Mayor Umstattd agreed to separation of the issues.
On a motion by Council Member Martinez, seconded by Council Member
Butler, the following was proposed:
MOTION 2011 -014
I move to endorse the committee formed to address concerns with the
County Government Support Center Master Plan and appoint Mary
Harper as the Town of Leesburg Planning Commission representative to
the Committee
The motion was approved by the following vote:
Aye: Butler, Hammler, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6 -0 -1 (Dunn absent)
Council Member Reid's motion with the amended language in the first
paragraph and deletion of the second paragraph, seconded by Council Member
Hammler remained.
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Council Member Butler stated he agrees with the sentiment; however, he
stated the statements need to be discussed.
Vice Mayor Wright agreed with Council Member Butler. He stated
Council needs a staff report on what they can and cannot do. He stated the one
thing that is undisputed is there needs to be a better spot for the Juvenile
Detention Facility.
Council Member Martinez stated Council needs to be sure they are saying
the right things and that they are specific in what is being said.
Council Member Hammler thanked Council Member Reid for taking a
leadership role with respect to this project. She stated the town has not been
properly represented at the county level thus far.
Council Member Reid offered support for accelerating Crosstrail
Boulevard from Bolen Park. He stated it will be necessary as the park and ride
lot will use the same access as the park.
Vice Mayor Wright clarified that the resolution would contain language
opposing the Juvenile Detention Center until an alternative location can be
identified and acceleration of Crosstrail Boulevard and offered it as a friendly
amendment.
Mayor Umstattd clarified that the stipulation that the barricades be kept in
place at the end of Kincaid Boulevard during construction would be omitted.
She stated this is important to the citizens that attended the community meetings.
She stated their two critical issues are that the juvenile detention center needs to
be moved away from the Kincaid and Tavistock communities and the second
was that construction traffic not use Kincaid Boulevard. She stated that
Supervisor Burk has been working with County staff and she is optimistic that the
juvenile detention facility can be moved away from the neighborhoods and the
county will not need to use Kincaid Boulevard for a cut through. She stated her
concern about deleting any of this is that the town will come in too late after
decisions have already been made.
Vice Mayor Wright stated he is leery of making statements that cannot be
backed up. He stated if the Council makes a statement that the barricades will be
kept up, he would like to know if that is possible.
Council Member Reid stated he accepts the Vice Mayor's friendly
amendment and would like to have the provision of regular updates with regards
to any construction of roads or buildings on the property provided to the
southeast neighborhoods remain in the resolution.
Council Member Martinez stated Supervisor Burk has given the town
more input on the Board of Supervisors than the town has ever had before.
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COUNCIL MEETING March 8, 2011
Ms. Quinn stated the Kincaid Forest resident's position is that they do not
want Crosstrail Boulevard connecting to Kincaid Boulevard until Crosstrail is
built all the way through to Route 7, which is not part of the plan. She stated
they are concerned about traffic using Kincaid Boulevard via Crosstrail to bypass
Sycolin Road.
Council Member Reid stated that the committee will need to discuss this
as the residents of Tavistock feel differently.
Nick Meyer asked that if construction traffic is prohibited on Kincaid
Boulevard, that it be prohibited on Tavistock Drive as well.
Vice Mayor Wright stated based on the additional information provided
by the residents, this resolution may not be truly reflective of what they want. He
made a motion to table this to the next work session.
The motion to table was seconded by Council Member Martinez.
The motion to table failed on the following vote:
Aye: Butler, Martinez, and Wright
Nay: Hammier, Reid and Mayor Umstattd
Vote: 3 -3 -1 (Dunn absent)
Mayor Umstattd recapped that the discussion is now to include moving
the juvenile detention center.
Council Member Reid stated the language would include the first, third,
and fifth sections of the resolution. He stated it omits the advisory committee,
which was a separate vote, and the barricades.
The motion failed on the following vote:
Aye: Hammier, Reid and Mayor Umstattd
Nay: Butler, Martinez and Wright
Vote: 3 -3 -1 (Dunn absent)
Mayor Umstattd made a motion that the Mayor and Council support
keeping the barricades at the southern end of Kincaid Boulevard in place during
any construction on the Shellhorn and county properties and support conducting
traffic studies on the opening of Kincaid or the extension of Crosstrail Boulevard
beyond the park to determine the positive or negative impacts of cut through
traffic on the Kincaid and Tavistock communities including cut through traffic on
Tavistock Drive.
The motion was seconded by Council Member Reid.
Council Member Reid made a friendly amendment to have construction
traffic prohibited on Tavistock Drive.
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COUNCIL MEETING March 8, 2011
The friendly amendment was accepted by Mayor Umstattd.
Vice Mayor Wright stated it is not his attempt to oppose this, but to get it
right. He stated this is not tight enough and will require a work session to get a
more cleanly solidified position with a staff report on any pros and cons as relates
to access.
Council Member Hammler emphasized that the two members of Council
that have been deeply involved in the public meetings are guiding this. She stated
other members would have liked to have been there, but had conflicting
commission meetings. She stated that sometimes things are not going to be
perfect, but timing is critical in terms of getting the word out.
Council Member Martinez stated if the Council wants to take a stand, it
needs to be truly vetted. He agreed it needs to come back to a work session.
The motion failed by the following vote:
Aye: Hammler, Reid and Mayor Umstattd
Nay: Butler, Martinez and Wright
Vote: 3 -3 -1 (Dunn absent)
Council Member Butler stated he would like to come up with wording so
that the first paragraph could be approved tonight. He stated he would like to
move the first paragraph as originally motioned by Council Member Reid and
amended by Council Member Wright.
Mayor Umstattd recapped the language to be: Therefore Be It Resolved,
that the Mayor and Council of the Town of Leesburg hereby asks the Board of
Supervisors of Loudoun County to call an immediate halt to the design and
construction of the juvenile detention center at the currently planned location and
find an alternate location that will require less pay out in funds for road
infrastructure and which is not as close to residential communities.
Council Member Reid stated he would second this motion as Council
Member Butler is trying to take action on this portion and save the other
discussion for a work session.
Council Member Butler offered a motion for the language to read:
Therefore, Be It Resolved, that the Mayor and Council of the Town of Leesburg
ask the Board of Supervisors of Loudoun County to consider alternative locations
for the juvenile detention center which are not so close to residential
communities.
Council Member Martinez seconded the motion.
The motion was approved by the following vote:
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COUNCIL MEETING March 8, 2011
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. None.
Aye: Butler, Hammier, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6 -0 -1 (Dunn absent)
15. CLOSED SESSION
a. None.
16. COUNCIL COMMENTS
Council Member Reid stated he appreciates the support of Council against the
location of the juvenile detention center. He stated there are other issues and he hopes
they will be discussed at the next meeting. He stated he is looking forward to the ribbon
cutting for the Instrument Landing System at the airport and plans to attend the
ceremony. He thanked Mr. Wells for the proposed budget. He stated he cannot support
any tax increases and would not support using undesignated fund balance or anything
that is contrary to the town's fiscal policies.
Vice Mayor Wright had no comments.
Council Member Martinez stated he is looking forward to St. Patrick's Day.
Council Member Hammier disclosed a meeting with John Andrews of Andrews
Community Investment Corp. She also disclosed a meeting with representatives of the
Downtown Improvement Association.
Council Member Butler stated the discussion on Council Member Reid's
resolution shows the purpose and value of work sessions. He stated there was nothing in
the resolution that anyone opposed, but getting the language right takes some time. He
stated he is glad the language with regards to the juvenile detention center was passed.
He stated he noticed that Fairfax County School Board is in court because they were
allegedly sending emails back and forth during board meetings which is a violation of
the Freedom of Information Act. He asked that staff keep Council apprised of the
outcome of that court case as it would be an interesting topic of discussion. He disclosed
a meeting with Supervisor Kurtz, Chairman York and himself as well as two out of town
water users. He stated he attended the opening of Eggspectations in Village of Leesburg
and the food was great.
17. MAYOR'S COMMENTS
Mayor Umstattd had no comments.
18. MANAGER'S COMMENTS
Mr. Wells had no comments.
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COUNCIL MEETING March 8, 2011
19. CLOSED SESSION
None.
20. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the
meeting was adjourned at 11:18 p.m.
2011 tcmin0308
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