HomeMy Public PortalAbout1998_08_11 (2)TOWN COUNCIL MEETING MINUTES OF AUGUST 11, 1998
A regular meeting of the Leesburg Town Council was held on Tuesday, August 11, 1998, at 7:30
p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia, Municipal Government Center.
The meeting was called to order by Mayor Clem.
COUNCIL MEMBERS PRESENT
Frank Buttery
Leonard McDonald
Joseph R. Trocino
Kristen C. Umstattd
B. J. Webb
Robert Zoldos
Mayor James E. Clem
STAFF MEMBERS PRESENT
Town Manager Steve Brown
Deputy Town Manager Gary Huff
Assistant Town Manager for Economic Development John King
Director of Planning, Zoning & Development Michael Tompkins
Zoning Administrator Brian Boucher
Planner Marilee Seigfried
Town Attorney George Martin
Acting Clerk of Council Mary Mack
1. INVOCATION
SALUTE TO THE FLAG
3. ROLL CALL - all members of the Town Council were present
4. APPROVAL OF MINUTES on motion of Councilmember Umstattd, seconded by
Councilmember Buttery, the regular meeting minutes of July 28, 1998 were approved as written.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem.
Nay: None
CERTIFICATE OF APPRECIATION was presented to Marilee Seigfried for her years of
service to the Town as a member of the Planning Department.
6. PETITIONERS
Charles Fincher addressed the Council as Vice Chair of the Economic Development Commission in
support of the Town' s efforts toward creation of an Information Technology Council and also in support of
continued efforts to preserve the remaining pieces of the Balls Bluff Battlefield. He offered the
Commissions assistance in these endeavors.
Richard Welsh presented a relief map made for the Town by the participants in a science camp held this
summer and thanked the various agencies of the Town who assisted in providing the necessary information
for the study. The map is made of play dough. He then had the children who participated in the project
stand. Mayor Clem recognized each child.
Newell Trask Chairman of the Legislative Committee for the Preservation Society of Loudoun County
expressed their concerns about the Leegate project and its affect on the entrance to Leesburg, speaking of
the necessity to preserve a uniqueness for Leesburg.
Bill Zawacki resident of 129 Chesterfield reiterated a previous request to silence the fire siren on
Loudoun Street. He acknowledged that it has been silenced at night, however he requests a permanent
silencing. Mr. Zawacki also stated his concerns for bicycle riders on the bike path not observing the stop
signs and urging a need for enforcement of the stop signs before an accident occurs. He has observed
bickers not stopping at either King Street or Catoctin Circle.
Barbara Emmons a Leesburg resident reiterated her objection to Leegate, stating there is no need for
additional retail, comparing Route 234 in Manassas. She urged denial of the project. (A copy of the text of
her prepared statement was submitted for the record.)
Minutes for Leesburg Town Council for August ! 1, 1998 Page # 2
Lisa Speet a Leesburg resident expressed concern with first impressions of Leesburg if the Leegate matter
is approved and for setting a precedent for the entrance to Town and for the proposed HP project.
Gem Bingle addressed the Council speaking in opposition to the Leegate project and urging the Council to
not defer the project but to deny the application.
7. PUBLIC HEARINGS
a. Public Hearing to consider SE-98-08 Exxon Expansion
Marilee Seigfried gave the staff report on this application. Mr. Jay Duvon representing the applicant was
present and stated he feels this will provide and improve in-fill to that area of East Market Street.
Mr. Michael Rich, a resident of Edwards Ferry Road was recognized. He spoke of his and other properties
abutting the land to the rear of the Exxon Station and asked for the Council's assistance in bring this land
into compliance with zoning regulations.
The public hearing was closed and referred to the September 1, 1998 Planning and Zoning Committee
meeting for further consideration.
c. Public Hearing for amendment to Article 2 of the Leesburg Zoning Ordinance to require
proof of payment of real estate taxes prior to the initiation of certain types of land use applications.
Brian Boucher gave the staff report on this item. No public comments was received. The public hearing
was closed and referred to the September 1, 1998 Planning and Zoning Committee meeting for further
consideration.
d. Joint Public Hearing to consider an amendment to the Leesburg Zoning Ordinance to permit
general higher education in the MC District.
The following members of the Planning Commission were present for this hearing:
Chairman Jackson, Commissioners: Kennedy, Glikas, Rutherford and Councilmanic representative Kristen
C. Umstattd.
Brian Boucher presented the staff report on this item. Councilmember Buttery commented that he felt that
the conditions set out were good to retain control of the district.
Mr. Jonathan Gayek a resident of 411 William Street addressed the Council stating, in principal he is in
favor of the adaptive reuse of the hospital site, however he remains concerned with the number of students
and staff occupying the facility at full capacity, as well as traffic and noise impacts.
The public hearing was closed and referred to the September 1, 1998 Planning and Zoning Committee
meeting for further consideration.
e. Public Hearing to consider Special Exception Application gSE-98-06 The Tire Shop
Ms. Seigfried gave the staff report on this matter.
Following this presentation Councilmember Umstattd read a memo from Lee Phillips regarding the
variation for frontage improvements being requested for this property.
Mr. Beck Dickerson addressed the Council representing the applicant, explaining the plight of the
applicant in this relocation.
Considerable discussion was held among the members of Council regarding this application and the
concerns it is facing.
Mr. Greg Phillips was recognized addressing the critical time element involved with this relocation. Ms.
Webb asked Mr. Phillips if he had spoken with Uniwest regarding a possible sixty day delay.
'William Ray consulting Engineer representing Renaissance Housing was recognized. He'stated they
received no notice regarding this pu40. lic hearing and referenced a letter~s~nt to Council upon learning o£.
this application. He spoke of their.imProvements to Edwards Ferry Road and clarified that theft-Ss no
relationship with Marc Montgomery.
This public hearing was closed and referred to the September 1, 1998 Planning and Zoning Committee
meeting for further consideration.
Councilmember Webb thanked Mr. Phillips for preparing the timetable and recommended that this matter
be referred back to committee. Councilmember Webb stated, anything else would not be responsible.
Councilmember McDonald asked if there is a way that the 60-day delay with Uniwest could be pursued.
Minutes for Leesburg Town Council for August 11, 1998 Page # 3
Councilmember Buttery stated, in light of the time constraints and circumstances with this application,
perhaps on the committee work day if the issues can be resolved, Council could have a special meeting on
September 1 to vote on this matter in an effort to help this move along. The Council agreed.
Councilmember Zoldos asked if proper notification was made?
Mr. Dickerson thanked the Council for their help and stated he would provide a copy of the notification
that was mailed to adjacent land owners.
8. COUNCILMEMBER COMMENTS
Mr. McDonald disclosed that he met with Frank McDermott and Jack Manton of the Leegate project
during this past week.
Mr. Buttery reminded everyone to obey the speed limit signs and to be attentive at all times to avoid
accidents. He thanked the Mayor and Councilmember Umstattd for their efforts with respect to assisting
the residents of Loudoun House during the relocation. He disclosed that he spoke with Jack Manton and
Frank McDermott during this past week.
Ms. Umstattd thanked everyone for their assistance with the Loudoun House relocation efforts, mentioning
Senator Charles Robb, Delegate Dick Black and Supervisor Joan Rokus for their letters to help with this
relocation. She thanked the Loudoun Volunteer Rescue Squad for putting on an infant CPR course that
she recently attended. It is a superb course and a wonderful public service. She reported, there are a
number of variation requests currently before the Planning Commission.
Mr. Trocino .reported that he and Mr. Zoldos met with a representative of the Chelsea project to discuss
VDOT signage for the project. He thanked the staff for installing the 4-way stop signs at Wildman and
Oakcrest Manor Drive. With regard to this he requested stop bars be installed on the road surface. He
complimented Mr. Brown on his service as Town Manager referencing Mr. Brown's employment contract
which is to be voted on this evening. He urged everyone to move the creation of the Information
Technology Commission. Mr. Trocino reminded everyone to attend the August Court Days festivities.
Mr. Zoldos disclosed that he met with a representative of Chelsea regarding signage for the project and
also with representatives of Pence Friedel in relationship to the Leegate project. He reported that the
Chancellor Street Task Force is coming together and plans on meeting in September to hear everyone's
concerns. He endorsed the need for an Information Technology Committee and reminded everyone that
August Court Days are this weekend and urged everyone's participation.
Ms. Webb disclosed that she met with representatives of Leegate and representatives of Ricco, who are
proposing a theater in Leesburg, as well as a group from Chelsea to discuss the Fort Evans Road
improvements to the east. Ms. Webb met with members of Parks and Recreation, recognizing their
contributions to the town. Ms. Webb thanked Ms. Umstattd for her contributions and efforts with the
Loudoun House relocation, pointing out concerns inherent with this project such as transportation, and
moving expenses which are not covered by vouchers.
9. MAYOR'S COMMENTS
Mayor Clem stated he was sorry to see Captain Jones leave the town's employment, however, he has
accepted a position and a tremendous opportunity with the Federal Government. Mayor Clem stated he
would like to schedule meetings with each of the town's boards and commission and the Town Council,
before the Council's retreat in September, to hear what the commissions and boards concerns are. Mayor
Clem disclosed that he met with representatives of Pence Friedel.
10. MANAGER'S REPORT Mr. Brown reviewed items contained in the Manager's Report.
11. LEGISLATION
(a) MOTION: On motion of, and duly seconded, the following ordinance was proposed and adopted.
98-0-20 - ORDINANCE - AMENDING SECTION 10-150 OF THE TOWN CODE
PERTAINING TO PARKING PROHIBITED IN SPECIFIC PLACES
THEREFORE ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Section 10-150 Parking prohibited in specific places is hereby amended as
follows:
Minutes for Leesburg Town Council for August 11, 1998 Page # 4
Sec. 10-150. Parking prohibited in specific places.
(a) No person shall park a vehicle or permit it to stand, whether attended or unattended,
except in compliance with the directions of a police officer or traffic-control device, in any of the
~"' .... ;-~ places.
Overtime parking
Parking on or blocking sidewalk
Parking so as to block a public or private driveway, alley, etc
Parking within 20 feet of an intersection
Parking within 15 feet of a fire hydrant
Parking on a crosswalk or within 20 feet of a crosswalk at an intersection Witkin 20 feet cf a
Parking within 30 feet upon the approach to any flashing beacon, stop sign or traffic control signal
located at the side of a roadway
Parking on yellow curb or in ~ a marked safety zone and the adjacent curb cr w:,tb:.n 30 feet
P~ng within a p~ng space reserved by appropriate sign for the handicapped on public
prope~y or at privately owned shopping centers and business offices, unless such vehicle displays
the official handicapped motorist license plate or card
Paring within l~ ~ feet of the ~ entrance to any fire or rescue station o~ and on the side
of a street opposite the entrance to any fire or rescue station or within 75 feet of the entrance when
properly sign-posted
Parhng or stopping~.~,,~ ~ .... ~.~.;~ ...... ~vwo--~;'~ __on any street excavation ~.~' ~..~...~.,~°'~"';~" so as to ~
~..v; ........ ~ obstruct traffic
Parhng on the roadway side of any vehicle p~ked at the edge of curb of a street
P~hng upon any bridge or other elevated structure upon a street or highway, or within a tunnel
Parhng in no p~hng (prohibited) zone -' any ~ ...... ~ .... m.;~ o; ...... h;~;, ~..v;..
A1 g id ....... ~; ...... ~;~ ~ ..... ~ "'~;~ ;~ ~;~'~ yellow
Parhng across or o2 any line or marhng painted on the street by the town
to designate a vehicul~ p~hng space
P~hng in a public parhng lot without authorization
Paring in fire lane
Parhng commercial vehicle in residential zone in excess of two (2) hours
Parhng on street without license plates displayed
P~hng a vehicle on street not in running condition
P~ng on wrong side of street (left wheel to curb)
(b) Unless otherwise provided, any person violating the provisions of this section or
any parking regulation promulgated pursuant to this section shall, upon conviction thereof, pay the
fine in accordance with the following Fine Schedule.
(c) Fine Schedule.
Violation Fine
Overtime parking .................................................................... $10.00
Parking on or blocking sidewalk ................................................... $15.00
Parking so as to block a public or private driveway, alley, etc ................. $15.00
Parking within 20 feet of an intersection ...................................... $15.00
Parking within 15 feet of a fire hydrant ...... · .................................... $25.00
Parking on a crosswalk or within 20 feet of a. crosswalk at an intersection. $15.00
Parhngwithin 30feet upon the approaCh to any flashing beacon, stop sign
or traffic control signal located at the side of a roadway ....................... $15.00~
Parhng on yellowcurb or in ~ a m~ked safety zone ~
Parhng within a paring space rese~ed by appropriate sign for the
handicapped on public prope~y or at privately owned shopping centers
Minutes for Leesburg Town Council for August 11, 1998 Page # 5
and business offices, unless such vehicle displays the official handicapped
motorist license plate or card ..................................................... $100.00
Parking within 15 -2-0 feet of the ~ entrance to any fire or rescue
station or and on the side of a street opposite the entrance to any fire or
rescue station or within 75 feet of the entrance when properly
sign-posted ........................................................................... $25.00
Parking or stopping ~' .... ; '~ ...... ;'~
..... ~, ..... vt. ..... o._~_n any street e~v.q~qq~
^k~,~,..,.. so as to .,k ...... ~, ..~v:. ~ ;;'auld obstruct traffic... $15 O0
Parking on the roadway side of any vehicle parked at the edge of curb
of a street ............................................................................ $15.00
Parking upon any bridge or other elevated structure upon a street or
highway, or within a tunnel ........................................................ $15.00
Parking in no parking (prohibited) zone -' ...; v ....
s.,,.~,; ~" o preSibit par.bAng .............................................................. $15.00
Parking across or any line or marking painted on the street by the town
to designate a vehicular parking space ........................................... $15.00
Parking in a private parking lot without authorization of the lot owner ..... $15.00
Parking
Parking
Parking
Parking
Parking
in fire lane .................................................................. $25.00
commercial vehicle in residential zone in excess of two (2) hours ..
on street without license plates displayed .............................. $15.00
on street not in running condition ....................................... $15.00
on wrong side of street (left wheel to curb) ........................... $15.00
$15.00
SECTION II. This ordinance shall be in effect upon its passage.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem.
Nay: None
11. (b) MOTION: On motion of, and duly seconded, the following ordinance was proposed and adopted.
98-0-21 - ORDINANCE -DELETING SECTION 10-161 (a) AND (b) OF THE TOWN
CODE
THEREFORE ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Section 10-161 Penalties for violation of division is hereby deleted.
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SECTION II. This ordinance shall be in effect upon its passage.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem.
Nay: None
11. (c) MOTION: On motion of, and duly seconded, the following ordinance was proposed and adopted.
98-0-22 - ORDINANCE - AMENDING SECTION 10-131 OF THE TOWN CODE TO AUTHORIZE
A CHANGE IN CERTAIN SCHOOL ZONE SPEED LIMITS
WHEREAS, the Loudoun County School Board has requested 15 mph speed limits in certain
school zones, in the Town of Leesburg and a new 25 mph school zone at Evergreen Mill Elementary
School and J. Lupton Simpson Middle School; and
Minutes for Leesburg Town Council for August 11, 1998 Page # 6
WHEREAS, an engineering and traffic investigation was conducted by the town Transportation
Engineer for the school zone at Evergreen Mill School; and
WHEREAS, the results of the investigation substantiates the establishment of a 25 mph school
zone at Evergreen Mill Elementary School and J. Lupron Simpson Middle School..
WHEREAS, no engineering and traffic investigation is required to establish 15 mph school zone
speed limits in residential areas per Section 46.2-873.F of the 1950 Code of Virginia as amended; and
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 10-131 of the Town Code is amended to read as follows:
Section 10-131. Speed Limits
(a) The maximum speed limits on streets within the town shall be 25 mph, or as prescribed in this
section, and no person shall drive a motor vehicle in excess of such maximum limits. Upon the following
street within the town, between the points hereinafter indicated, the maximum speed limit shall be the
speed hereinafter indicated and no person shall drive a motor vehicle between such points in excess of
such maximum speed limit:
(1) King Street: 35 mph from Balls Bluff Road to 1060 feet south of Battlefield Parkway.
(2) King Street:
(3) King Street:
limits.
35 mph from First Street to 300 feet south of Country Club Drive.
45 mph from 300 feet south of Country Club Drive to the south corporate
(4) Edwards Ferry Road: 35 mph from 2230 feet east of the Route 15 Bypass to the east
corporate limits.
(5) Market Street: 55 mph from the east corporate limits to 320 feet east of Cardinal Park
Drive.
(6) Market Street: 45 mph from 320 feet east of Cardinal Park Drive to Route 15 Bypass
(north entrance).
(7) Market Street: 35 mph from Route 15 Bypass (north entrance) to 1000 feet east of
Fort Evans Road.
(8) Evergreen Mill Road: 35 mph.
(9) Masons Lane: 35 mph from South King Street to Evergreen Mill Road.
(I0) Tolbert Lane: 35 mph from Evergreen Mill Road to Sycolin Road.
(11) Sycolin Road: 45 mph from the Route 15 Bypass to the south corporate limits.
(12) Route 7 Bypass: 55 mph exclusive of access ramps.
(13) Route 15 and Route 7 Bypass: 55 mph exclusive of access ramps.
(14) Route 15 Bypass: 55 mph exclusive of excess ramps.
(15) Catoctin Circle: 30 mph from Children's Center Road to West Market Street.
(16) Battlefield Parkway: 35 mph from Route 15 Business to Smartt's Lane.
~ (b) The maximum speed limit shall be 25 mph in school zones per Section 46.2-873 of the 1950
Code of Virginia as amended except at the school zones listed below which shall have a
maximum speedlimit of 15 mph.
LLI Catoctin Elementary School
(2) Leesburg Elementary_ School
(3) Cool Spring Elementary School
(4) Balls Bluff Elementary School
The Manager shall clearly indicate by markers or signs the maximum speed limits established by
this ordinance.
SECTION II. This ordinance shall be effective upon its passage.
Minutes for Leesburg Town Council for August 11, 1998 Page # 7
SECTION III. All prior ordinance and resolutions in conflict herewith are repealed.
VOTE:
Aye:
Nay:
11. (e)
were
Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem.
None
through (j) excluding (d) MOTION: On motion of, and duly seconded, the following resolutions
proposed as consent items and adopted.
98-175- RESOLUTION - AUTHORIZING THE USE OF THE COUNCIL CHAMBERS
98-176 - RESOLUTION - AUTHORIZING AN AGREEMENT BETWEEN THE TOWN
AND AV-ED FLIGHT SCHOOL, INC., FOR THE LEASE OF OFFICE SPACE IN THE
AIRPORT TERMINAL BUILDING FOR THE PURPOSE OF RUNNING A FLIGHT
SCHOOL
98-177 - RESOLUTION - AUTHORIZING TASK ORDER #3 TO THE CH2M HILL
GENERAL SERVICES AGREEMENT
98-178 - RESOLUTION - REAFFIRMING SUPPORT FOR THE COUNCIL-MANAGER
FORM OF GOVERNMENT AND AUTHORIZING AN AMENDMENT TO THE
EMPLOYMENT CONTRACT BETWEEN THE LEESBURG TOWN COUNCIL AND
TOWN MANAGER STEVEN C. BROWN
98-179 - RESOLUTION - AUTHORIZING A SETTLEMENT AGREEMENT WITH
AMERICAN MOTORISTS INSURANCE COMPANY FOR COMPLETION OF THE
PUBLIC IMPROVEMENTS AT KINCAID FOREST
98-180 - RESOLUTION - AUTHORIZING A STREET RESURFACING PLAN FOR FY 99
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem.
Nay: None
Abstain: Councilmember Trocino from 11. (i)
11. (d) MOTION: On motion of Councilmember Umstattd, seconded by Councilmember Webb, the
following resolution was proposed and adopted as amended.
98-181 - RESOLUTION - DEFERRING APPLICATIONS FOR TOWN PLAN AMENDMENT
TP 98-01; REZONING ZM-153; AND SPECIAL EXCEPTION SE 97-02 - LEEGATE CENTER
WHEREAS, the Town Council was originally scheduled to act on applications of Leegate-Beverly
Road Associates for Town Plan Amendment TP 98-01; Rezoning ZM-153; and Special Exception SE 97-
02 known as "Leegate Center" at a Special Meeting of the Town Council on June 25, 1998; and
WHEREAS, the applicant requested and the Town Council granted a deferral of the referenced
application to a date certain of August 11, 1998.
WHEREAS, the applicant, in the attached letter dated August 4, 1998, again requested deferral to
a date certain of September 22, 1998.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the
applications for Town Plan Amendment TP 98-01, Rezoning ZM-153, and Special Exception
are hereby deferred at the request of the applicant to a date certain of September 22, 1998.
SE 97-02
VOTE:
Aye: Councilmembers Buttery, Trocino, Umstattd, Webb and Mayor Clem.
Nay: Councilmember McDonald, Zoldos
11. (k) MOTION: On motion of Councilmember Umstattd, seconded by Councilmember Webb, the
following resolution was proposed and adopted.
98-182 - RESOLUTION - STATING THE TOWN COUNCIL'S POSITION REGARDING
WATER AND WASTEWATER SERVICE WEST OF THE TOWN'S CORPORATE LIMIT
Minutes for Leesburg Town Council for August 11, 1998 Page # 8
WHEREAS, the Mayor and Planning and Zoning Committee of the Town Council requested at its
August 4, 1998, meeting to have the full Council consider expressing a position on providing town water
and wastewater service west of the corporate limits; and
WHEREAS, the issue of water and wastewater service outside the town corporate limits is
discussed in elements one and five of the newly adopted 1997 Town Plan; and
WHEREAS, the Town Plan states that the town's water and wastewater master plans anticipated
only limited growth west of Leesburg based upon Loudoun County's comprehensive plan; and
WHEREAS, the
dated January 28, 1993,
other developments west
issue was thoroughly discussed in the enclosed Planning Department memos
and February 9, 1993, regarding proposed development of Shenstone Farm and
of Leesburg; and
WHEREAS, the Town Council in 1993 advised Loudoun County Planning Commission members
that no available water capacity and limited wastewater capacity (.44 MGD) is available in the Dry Mill
Branch sewershed and that town facilities were and are being constructed in anticipation of little or no
growth in the area west of town; and
WHEREAS, internal analyses conducted by the Utilities Department in 1991 and 1992 evaluated
the potential of Shenstone and the Dry Mill Branch areas developing; and
WHEREAS, the department's analyses concluded that the development of Shenstone Farm and
subsequently the Dry Mill Branch sewershed would require a radical change in our water and wastewater
master plans with resulting substantial infrastructure improvements requiring prohibitive funding.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia.
The established Town Council policy clearly delineated in the 1997 Town Plan, Water and
Wastewater Master Plans and in the 1984 annexation agreement and subsequent Annexation Area
Development Polices (AADPs) discouraging the extension of water and wastewater facilities west of
Leesburg's corporate limits is hereby reaffirmed.
VOTE:
Aye: · Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem.
Nay: None
12. NEW BUSINESS
12. (b) MOTION: On motion of, and duly seconded, the following resolu[ion was proposed and adopted.
98-183 - RESOLUTION - AUTHORIZING A STREET CLOSURE FOR THE LOUDOUN TIMES-
MIRROR 200m YEAR CELEBRATION
VOTE:
Aye:
Nay:
Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem.
None
On motion of, and duly seconded, the meeting was adjourned at 10:40 p.m.
Clerk of Council
lem, Mayor
Leesburg