HomeMy Public PortalAbout2006_05_22
Council Work Session
May 22, 2006
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne,
Marty Martinez and Mayor Kristen Umstattd
Council members Absent: Bob Zoldos
Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, Assistant
to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Chief
of Police Joe Price, Airport Director Tim Deike, Director of Capital Projects
Management Nagi Elsewaissi, Director of Engineering and Public Works Tom Mason,
Director of Planning, Zoning and Development Susan Swift, Zoning Administrator
Brian Boucher, Deputy Town Attorney Heather Biddulph, Transportation Engineer
Calvin Grow, Planner Wade Burkholder, Executive Associate I Brenda Norton, and
Deputy Clerk of Council Debi Parry.
AGENDA ITEMS
Town Council JLMA Subcommittee Report:
Vice Mayor Martinez reported the Subcommittee would meet again in two
weeks.
Mr. Wells stated there is an extra week between Council meetings so he will
work with the Planning Commission subcommittee and the Council subcommittee to
find a suitable date.
Council Meeting of May 23, 2006
a. County Representative on the Airport Commission.
Councilmember Horne asked that Council give consideration to making an
alteration to our policy to allow us the opportunity to have some direct
communication with the Board of Supervisors. She stated Loudoun County
Supervisor Jim Clem has not been able to attend these meetings on a regular
basis and this would give him the opportunity to designate someone to attend
the meetings. Further, she called Council's attention to an email sent by
Council member Zoldos.
Mayor Umstattd verified this would require a public hearing to amend the
Town Code. Further, she stated this individual would serve on the
Commission as a liaison, not a voting member.
Vice Mayor Martinez stated this individual should report back to the Board
of Supervisors as a whole and not just to an individual Supervisor.
Barbara Beach stated this title has been advertised so Council could move
forward with a vote tomorrow evening.
Councilmember Hammier commented on the email sent by
Councilmember Zoldos which referred to the Airport Commission in general in
terms of allowing a voting member appointees to be business owners or
those who otherwise have an interest.
Town Council Meetinq of May 22. 2006
Paqe 2
Councilmember Burk stated those are two different issues and she would
not support that amendment at this time.
Councilmember Hammier stated she would be open to that discussion at
the right time.
Councilmember Horne stated it would be helpful if whoever the Board
appointed would have an interest in the airport.
Mayor Umstattd cautioned against dictating to the Board of Supervisors
who their appointee should be. She stated we can make suggestions, but
there is nothing we can do if they choose to select someone else.
She stated the last formal communication we received from Supervisor
Clem informed us that he would be making the meetings and asked if we
have received anything to contradict that. She expressed concern that this
would be an affront to Supervisor Clem if we were to take this away from
him.
Councilmember Burk stated she doesn't understand why we have to
change this when Supervisor Clem should be allowed to send a designee if
that is his desire.
Councilmember Horne stated the original resolution specified Council's
desire to have a member of the Board of Supervisors attend the meetings and
this would give Supervisor Clem greater flexibility.
Ms. Beach stated the ordinance is drafted to allow the Board of
Supervisors to send anyone they wish, including one of their members.
b. Incorporating Supplement No. 28 into the Town Code.
Ms. Beach stated this will update the Town Code through January 2006
and ratify everything done in the past.
c. CDBG Cooperation Agreement.
Nicole Ard stated staff has been working closely with Loudoun County staff
over the first period of this agreement and have received many grants. She
stated staff is asking for Council's consideration of extending this agreement
for an additional three years.
Councilmember Horne stated she appreciates the opportunity we have to
receive grant funding.
Councilmember Hammier stated she would like to receive updates
regarding funding for these grants at the federal level and the allocation of
the monies received by the Town.
Ms. Ard stated the monies we are requesting this year would fund
scholarships for summer camp.
d. Awarding the Lower Sycolin Sewage Conveyance System design
contract to Dewberry & Davis, LLC.
Mr. Elsewaissi stated the Lower Sycolin Sewer Shed includes the Bolen
Town Council Meeting of May 22. 2006
Paqe 3
Park property and staff is working with the County to coordinate this project
with Phase B of the Bolen Park project to install bathrooms and other
facilities.
Councilmember Burk verified the contract was bid out.
Councilmember Horne verified the total cost including design and
construction is over $8 million. She stated she would like to see a map to
show where the proposed LCSA water and sewer lines to the Crosstrail
property would lie and where they would cross into this area.
Councilmember Hammier stated it is very important to know who is
providing water and sewer to the Crosstrail property and what the legal and
planning issues are.
Mayor Umstattd expressed concern that citizens may question our desire
to spend money on this project when the Crosstrail property may very well be
served by LCSA.
Mr. Wells stated the scope of the project could be reduced if the Crosstrail
property is not included.
Councilmember Horne asked why are we eager to provide water and
sewer to Bolen Park when the County is running lines to the Crosstrail
property. She stated we offered this as a good neighbor and we need to find
out what the Board and LCSA are planning. Further, she suggested inviting
LCSA to attend a future Council meeting to update us on their plans.
There was further Council discussion regarding the strategic annexation
and future plans for the Crosstrail and other properties in this area.
Mayor Umstattd asked what kind of time restraints we are under to vote
on this contract and can we get LCSA to attend a Council meeting before our
vote.
Mr. Wells stated staff will look into the timing of the contract award, make
contact with LCSA and report back to Council tomorrow.
e. Harrison Street right-of-way acquisition.
Nagi Elsewaissi stated this item is to declare that public necessity exits,
allow us to make offers and file certificates of take if those offers are not
accepted for two properties on Harrison Street. He stated a total of 17
easements were needed and only these two properties remain.
Councilmember Burk asked how much property is involved.
Mr. Elsewaissi stated the first property consists of a small piece that is
needed on the corner to allow for a proper turn radius and another small
piece for a drainage easement. He stated the other property consists of a
larger piece where the owner is willing to cooperate, but the mortgage
company has not been responsive. Further, he stated if we delay much
longer we will loose the construction building and the bid.
Town Council Meeting of May 22. 2006
Page 4
Councilmember Horne stated she remembers the citizens of this
neighborhood coming to Council to request assistance and this is a matter of
working to the common good.
Councilmember Hammier verified the first property owner has not
accepted our offer because they believe the property is valued at more that
what it was appraised for.
f. Award of the Harrison Street NE Improvements Construction
Contract.
Nagi Elsewaissi stated this item would award the contract for
construction of curb, gutter and sidewalk on the portion of Harrison Street
between Edwards Ferry Road and North Street. Further, he stated
construction would begin immediately after the contract is awarded.
g. Awarding the Ida Lee Phase II construction contract.
Nagi Elsewaissi stated this trail section would begin at Rust Library and
extend through the park property parallel to Old Waterford Road. He stated
we received a grant for $100,000 to fund a portion of this project.
Councilmember Burk verified the contract is being awarded to Harrison
Construction as they were the low bidder.
Councilmember Horne stated it is great when we can leverage funds from
outside sources like the Virginia Recreational Trail Fund. She stated she looks
forward to the point in time when people in the southern part of our
community have trails.
h. Approving TLZM-200S-0004 Leesburg Sport and Health Club/Wolf
Furniture.
Wade Burkholder addressed the issue of the iron fence along the Route 15
by-pass south of Edwards Ferry Road to the south of the Fort Evans Road cul-
de-sac. He stated the Leesburg Commerce Center and Veterinary Specialists
projects will include a fence to connect to the iron fence along the length of
their property. Further, he stated Wolf Furniture will connect a rod iron fence
along the frontage of their property to hook up with the Commerce Center
fence.
Councilmember Kramer asked about the Hampton Inn and Patriot Office
Park property.
Mr. Burkholder stated a wire fence stretches across those properties for
1,300 feet. He stated Wolf Furniture has agreed to ensure their fence ties in
with those on both sides.
Councilmember Horne stated this has the potential to be a strong
economic generator. She stated she appreciated Mr. Wolf's comments on the
employment opportunities and the generous pay scales. Further, she stated
she is also hopeful to see resolution to the issue of through truck traffic on
Heritage Way.
Councilmember Hammier verified the applicant would need Council
approval if the use were to change from a showroom to a warehouse. She
Town Council Meetinq of May 22. 2006
Paqe 5
expressed concern that this will still look like a massive structure from the by-
pass and the applicant may return to Council to request an additional sign
which she would not support unless the elevation is decided right now.
Further, she stated she is looking forward to the public hearing on the thru
truck traffic issue.
For consideration and discussion:
1. Lowenbach Ad Hoc Committee Report.
This item was deferred to the June 12 meeting.
2. Truck traffic on Heritage Way.
Calvin Grow stated Council has a policy in place to initiate this change and
schedule a public hearing as part of the process.
Council member Horne asked that this issue be discussed at the next Standing
Residential Traffic Committee meeting.
Council member Hammier asked if it is a realistic possibility that the Fort
Evans Road cul-du-sac area would ever open up to the Route 15 by-pass.
Mr. Grow stated there is a limited access line adopted by the Commonwealth
Transportation Board that extends along the frontage to limit access to the by-pass.
Councilmember Hammier verified any request made to the Commonwealth
Transportation Board to open any portion of this area to the by-pass would need the
endorsement of Council.
Mayor Umstattd asked the applicant's attorney Mr. Michael Romeo if he had
spoken with his client regarding this possible restriction.
Mr. Romeo stated they have no intention of having their trucks travel on
Heritage Way unless they were making a delivery on that road in one of their smaller
trucks.
3. Board and Commission Appointment Policy
Mayor Umstattd stated Councilmember-Elect Kevin Wright has suggested that
in order to better aid with a transition in a Commission there be a delay of 6 months
between the time a new Council member would be sworn in and when their
commission nominees would take their seats in January. She stated the proposal
would have the nomination votes taking place in September.
Mr. Wells stated this would require an ordinance change and public hearing.
Councilmember Kramer expressed her support for this proposal.
Vice Mayor Martinez stated this is a good suggestion; however, he would like
to see the transition limited to three months.
Councilmember Kramer concurred with Vice Mayor Martinez's comments.
Councilmember Burk stated she would not support this proposal. She
expressed concern that there would be a lack of communication between the
Town Council Meetinq of May 22. 2006
Page 6
new Councilmember and the Commission member a former Councilmember
appointed.
Councilmember Horne stated she also has concerns and would like to have a
public hearing. She stated we are looking for continuity at the expense of
accountability. Further, there are opportunities for mentoring and this points to the
need for aggressive training and orientation for new Commission members.
Councilmember HammIer asked when this would go into effect if it were
approved as there are commission members who expect their term to end in June.
Further, she stated if approved she would be in favor of the six month transition
period and expressed her desire to hear from the public on this issue.
Councilmember-Elect Wright stated any commission member who did not
want to continue beyond June 30 would not be required to. He stated there would
be immediate appointments for any open seats.
Councilmember Hammier stated this points to the need for cross-Council
communication and the need to coordinate appointments.
There was discussion of the Town Code as it is written and the current
process that as approved by resolution.
4. Final completion of Public Improvements in Edwards Landing
Tom Mason stated all the work has been completed and staff has received the
bond related to the Gatehouse trailer move. He stated a Zoning permit has been
issued for installation of the Gatehouse equipment in the pool house. Further, he
stated he attended the Edwards Landing HOA meeting last week and Mr. Dennis
Nolen indicated he was satisfied and would not attend tonight's meeting.
Council thanked Mr. Mason and his staff for their hard work on this project.
5. Corporate Surety
Barbara Beach stated this matter concerns Traveler's Surety Company who
we are in litigation with regarding the Tyree project at the Airport and their refusal to
pay the bond. She stated she has a policy that she would not approve this surety
company for other projects because of this; however, Traveler's has disagreed with
this position. Further, she asked for Council's support of this position.
Councilmember Horne asked for background on the Tyree issue.
Ms. Beach stated this involved construction at the airport a few years ago
when pre-fabrication hangers were installed by the Tyree Company. She stated the
hangers have significant problems and the Town believes Tyree did not construct the
hangers properly as they are out of plumb and the roof leaks. Further, she stated
the issue is set for trial in February.
Council expressed their support for Ms. Beach's position on this matter.
6. Setting a date for the BAR appeal - Best Western Hotel
Barbara Beach stated we have an appeal from Best Western and asked that
the hearing date be set as soon as possible. She stated staff would notify Best
Western and the BAR.
Town Council Meeting of May 22. 2006
Paqe 7
The hearing was set for the next Council meeting.
7. Proposed Tax District to underground transmission line construction
Mayor Umstattd stated Mr. Patrick Sloyan has requested the support of the
Board of Supervisors to impose a special surtax district on all the Towns to pay for
the undergrounding of the power lines. She stated this would not be equally shared
by all taxpayers in Loudoun County nor paid for by Dominion Virginia Power.
Mayor Umstattd stated we should express our opinion on this prior to the
Board's vote.
Council expressed their opposition to this issue.
Council member Horne stated the Board is also looking at creating a special
County-Wide tax district for Fire and Rescue. She stated her hope that Dominion
Virginia Power would discuss how this power line can be placed underground without
us bearing the burden of that effort.
Councilmember Hammier stated this would go against our policy of
undergrounding lines on the W&OD Trail. She stated Mr. Sloyan has stated that
residents would pay a small fee over a short period of time. Further, she asked if
Mr. Nicholson has commented on this.
Ms. Beach stated he sent an email stating it is not something we need to do
now.
Mayor Umstattd stated she does not want any member of the Board to say
the Town has not taken a position and therefore are willing to be taxed. She stated
she would like to send a letter to the Board stating our opposition to this tax.
Councilmember Hammier stated she would like to know what Mr. Sloyan
means by "small amount" in the context of the statement he is trying to make.
It was the consensus of Council to vote on this tomorrow night.
There was further discussion of the timing for the SCC vote and the Jaylarc
study.
For information only:
The Town Council work session of June 12, 2006:
a. Verizon Franchise Agreement
Councilmember Horne asked where the Cable Commission stands on this
offer from Verizon.
Mr. Wells stated they will take a position at their next meeting. Further,
he stated there seems to be majority support.
Vice Mayor Martinez expressed his support for the Franchise Agreement.
New Business:
None
Town Council Meetinq of May 22. 2006
Paqe 8
Closed Session
a. Discussion on possible acquisition of real property
On a motion by Mayor Umstattd, seconded by Vice Mayor Martinez, the
following motion was proposed:
Pursuant to Section 2.2-3711 (A)(3) of the Code of Virginia, I move that
the Leesburg Town Council convene in a closed meeting for discussion the
discussion of the acquisition of private property relating to Battlefield
Parkway.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
The Council convened in closed session at 9:01 pm.
The Council reconvened in open session at 9:15 pm.
On a motion by Mayor Umstattd, seconded by Vice Mayor Martinez, the
following motion was proposed:
In accordance with Section 2.2-3712 of the Code of Virginia, I move that
Council certify that to the best of each member's knowledge, only legal
matters lawfully exempted form open meeting requirements under the
Freedom of Information Act and such public business matters as were
identified in the motion by which the closed meeting was convened were
heard, discussed or considered in the meeting by Council.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
Adjournment
The meeting adjourned at 9: 16 pm.
2006_tcwsmin0522