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HomeMy Public PortalAbout2002_09_10COUNCIL MEETING September 10, 2002 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Frank Buttery, Mervin Jackson, Melinda Kramer, Marry Martinez, David Schmidt, Robert Zoldos, and Mayor Kristen Umstattd. Councilmembers Absent= Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly, Deputy Town Manager Phillip Rodenberg, Director of Engineering and Public Works Tom Mason, Director of Parks and Recreation Kaj Dentler, Chief of Police Joe Price, Director of Planning, Zoning and Development Susan Swift, Rich Williams Recreation Facilities Manager, Steve Cawthorn Superintendent Water Pollution Control, Tourism Coordinator Marantha Edwards, Assistant to the Town Manager Nicole Ard, Management Intern, Adam Brown, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Councilmember Buttery. B. Salute to the Flag by Mayor Umstattd C, Roll call D. Minutes: On a motion by Councilmember Martinez, seconded by Councilmember Buttery, the minutes of the August 12, 2002 work session were approved with minor edits by a vote of 7-0. On a motion by Councilmember Zoldos, seconded by Vice-Mayor Jackson, the minutes of the August 13, 2002 meeting were approved by a vote of 7-0. E. Presentations: a. "Heroes" by I~laureen Howard Ms. Maureen Howard read her poem entitled "Heroes". Mayor Umstattd thanked Miss Howard, and her family, for sharing her poem. On a motion by Vice-Mayor Jackson, seconded by Councilmember Buttery, the following presentation was made. Town Council minutes for September 10, 2002 Page 2 Proclamation - Remembrance of September 11, 2001 PROCM/klAI'IO/V Remembrance of September 11; 2001 WHEREAS, in an unprovoked and senseless act of terrorism, four civilian aircraft were hijacked on September 11, 2001, and crashed in New York City, Pennsylvania and the Pentagon; and WHEREAS, innocent U.S. citizens of all heritages as well as visiting citizens of foreign nations were killed and injured as a result of these horrific acts; and WHEREAS, while we as a Union still continue to recover from the unspeakable loss of so many innocent lives, the indomitable spirit of the United States has been revitalized and given way to numerous expressions of heroism and patriotism; and WHEREAS, the threat of terrorism, destruction and senseless violence must be banished for any free society to exist; and WHEREAS~ Leesburg shares in the grief and will commemorate the one-year anniversary of the September :[[th tragedies with a candlelight ceremony at 7:30 p.m. on the Town Green; and WHEREAS, President George W. Bush has encouraged us to "join together in cities, communities, neighborhoods and places of worship to honor those who were lost, to pray for those who grieve, and to give thanks for God's enduring blessings on our land". THEREFORE RESOLVED, the Mayor and Town Council of the Town of Leesburg in Virginia extend their deepest condolences to the innocent victims of these unprovoked actions by terrorists, as well as to their families and their friends. FURTHER RESOLVED, the Mayor and Town Council also salute the heroism of public safety and rescue workers, volunteers, local officials, and those who responded to these tragic events with courage, selfless compassion, determination, and skill. PROCLAIMED this 10th day of September 2002. Town Council minutes for September 10, 2002 Paqe 3 On a motion by Councilmember Martinez, seconded by Councilmember Buttery, the following presentation was made. Cm Resolution of Recognition - Loudoun County Volunteer Rescue Squad/Company 13 - 50th Anniversary Resolution of Recognition LOUDOUN COUNTY VOLUNTEER RESCUE SQUAD/COMPANY 13 FZFTZETN ANNZVERSARY WHEREAS, on September 7, 2002, the Loudoun County Volunteer Rescue Squad of Leesburg (Company 13) celebrated its 50th anniversary of providing emergency care for the citizens of Loudoun County; and WHEREAS~ Loudoun County Volunteer Rescue Squad, the first independent volunteer rescue squad in Loudoun County, began in 1952 with 12 concerned citizens from throughout the county, a borrowed Ford station wagon, and a telephone tree program for disseminating calls to volunteers; and WHEREAS~ the squad, consisting of 94 volunteers, five ambulances, two crash trucks, two boats and a bike team now dispatch calls out of the Loudoun County Fire and Rescue Services and has been instrumental in assisting the formation of additional volunteer companies within the county; and WHEREAS~ Loudoun County Volunteer Rescue Squad volunteers come from all walks of life, serve 12-hour shifts once a week, and engage in thousands of hours of specialized training and continuing education to enhance lifesaving skills needed to provide emergency medical care. THERFORE, RESOLVED on this date of September 10, 2002, that the Mayor and Town Council of the Town of Leesburg in Virginia congratulates the Loudoun County Volunteer Rescue Squad (Company 13) upon the celebration of its 50 years of providing emergency assistance to the citizens of the Town of Leesburg and Loudoun County. RESOLVED this 10th day of September 2002. The resolution was presented to President Patty Russell and Chief Rick DiZerga. Town Council minutes for September 10, 2002 Page 4 On a motion by Councilmember Martinez, seconded by Vice-Mayor Jackson, the following presentation was made, d. Proclamation - Hispanic Heritage Month PIIOC, bl/IIA TIO/I/ HZSPANIC HERITAGE MONTH $EPTEIVlBER 15 THROUGH OCTOBER 15~ 2002 WHEREAS, September 15 through October 15, 2002 is designated, by the Federal Government, as a time to recognize the achievements and contributions of Hispanics in this country; and WHEREAS, the significant achievements of Hispanics have shaped, and continue to shape our nation's history; and WHEREAS, local cultural institutions such as the Smithsonian Institution, are sponsoring various events celebrating Hispanic heritage through November; and WHEREAS, Leesburg's Hispanic community continues to make significant cultural and economic contributions to our Town. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim September 15 through October :L5 of the Year 2002 as Hispanic Heritage Month in the Town of Leesburg and urge the citizens of Leesburg to join in recognizing and preserving the contributions made by Hispanics throughout the history of our nation, PROCLATMED this 10th day of September 2002. The proclamation was presented to Laura Valle of the Northern Virginia Family Service, On a motion by Councilmember Zoldos, seconded by Councilmember Buttery, the following presentation was made, e. Resolution of Recognition - Mitchell & Company, P.C. The resolution was presented to .]eft Mitchell for Mitchell & Company's years of service to the Town of Leesburg, IIL:$OLLITIO/tt OF MITCHELL & COhfPANY~ P.C.~ WHEREAS, from 1993 thru 2001, Mitchell & Company, P.C., had been appointed Town auditor and conducted Town audits in a professional, timely, efficient and dedicated manner; and Town Council minutes for September 10, 2002 Paqe 5 WHEREAS, for the past eight years, Mitchell & Company, P.C., has met all reporting and statutory filing deadlines; and WHEREAS, for the past eight years, Mitchell & Company, P.C., has assisted in the preparation of the Town of Leesburg's financial reporting, resulting in the Town of Leesburg receiving the GFOA Certificate in Financial Reporting; and WHEREAS, for the past eight years, Mitchell & Company, P.C., has made sound financial management recommendations to the Leesburg Town Council, resulting in the implementation by the Town of Leesburg of many of such recommendations; and THEREFORE, BE IT RESOLVED that the Mayor and Town Council of the Town of Leesburg in Virginia hereby recognizes the firm of Mitchell & Company, P.C., for its superior service to the Town. FURTHER, BE IT RESOLVED that the Mayor and Town Council of the Town of Leesburg in Virginia expresses its deep appreciation for the professionalism and dedication that Mitchell & Company, P.C., has consistently brought to its relationship with the Town. PROCLAIMED this 10th day of September 2002. Dr. David Goodfriend - Loudoun County Health Department - regarding mosquito control - West Nile Virus Dr. Goodfriend stated the Loudoun County Health Department has just filled a federally funded epidemiologist position to do outreach programs in the community to find diseases that are potentially related to bioterrorism. Within the next month another person will be brought in to do bioterrorism coordination within the County. Also, he gave an update to Council on the West Nile Virus efforts. He asked that people dump standing water and wear insect repellant while outside. Further, he outlined the steps Loudoun County Health Department is taking to detect and combat the virus. On a motion by Vice-Mayor Jackson, seconded by Councilmember Buttery, the motion was proposed. RESOLUTION: 2002-:1.58 A RESOLUTION: ENDORSING LOUDOUN COUNTY HEALTH DEPARTMENT EFFORTS FOR ADULT MOSQUITO CONTROL TO MINIMIZE THE RISK OF MOSQUITO-BORNE DISEASES AND AUTHORIZING THE TOWN MANAGER, IN CONCERT WITH THE HEALTH DEPARTMENT DIRECTOR, TO TAKE APPROPRIATE ACTIONS TO CONTROL MOSQUITOS WHEREAS, the Loudoun County Health Department has determined through tests of dead birds and mosquitoes that West Nile Virus is present in the Leesburg area; and Town Council minutes for September 10, 2002 Paqe 6 WHEREAS, West Nile Virus is spread to birds, humans, horses and other mammals through the bite of an infected mosquito; and WHEREAS, the Town of Leesburg has been monitoring and controlling mosquito populations through frequent inspections and larvacide applications; and WHEREAS, ultra-low volume spraying for adult mosquitoes is a proven method for controlling mosquito populations; and WHEREAS, Loudoun County has contracted with Clark Mosquito Control to conduct spraying; and WHEREAS, the director of the Loudoun County Health Department is advising the county and town on proper steps to control mosquitoes when public health is threatened. THEREFORE, RESOLVED that the Council of the Town of Leesburg in Virginia hereby endorses the efforts of the Loudoun County Health Department for adult mosquito control to minimize the risk of mosquito-borne diseases such as West Nile Virus. FURTHER, RESOLVED, that the Council hereby authorizes the town manager, in concert with the Health Department director, to take appropriate actions to control mosquitoes including arranging for mosquito spraying, whenever necessary, and for prior public notification when the Health Department determines such actions are needed to protect public health. PASSED this 10th day of September 2002. Councilmember Buttery asked how the Loudoun County Health Department has been notifying the public? Dr. Goodfriend stated a multi-layered approach was used to get the word out to the public through radio, door to door, and law enforcement efforts. The motion was approved by the following vote: Aye: Buttery, Vice-Mayor Jackson, Kramer, IVlartinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 Bob Noe thanked Steve Cawthorn, Water Pollution Control Facility Superintendent, for his efforts to control mosquitoes. F. Petitioners: The petitioner's section opened at 8:05 p.m. Rob Huebbers, Loudoun Healthcare, reported efforts that have been ongoing to improve their financial position, quality of care, expand the range of quality services and to exceed the healthcare needs of Loudoun County. Town Council minutes for September 10, 2002 Page ? He further stated the Cornwall Campus would be coming on as a full service 24 hour emergency room. They are slated for a January 03 opening. Councilmember Zoldos stated the Cornwall Campus is a critical element of healthcare in Leesburg and Loudoun County. Vice-Mayor Jackson stated he is glad to see Loudoun Healthcare coming back to Leesburg. Councilmember Buttery thanked Mr. Huebbers for providing this report and invited him to return with future updates. Mayor Umstattd stated Chief Bob Griffin, Loudoun County Fire & Rescue complimented Loudoun Healthcare on their efforts during the recent terrorism training. Karen Jones, Leesburg Economic Development Commission, provided an update to Council on the downtown consultants' efforts. She stated they have met with many residents and business owners. She outlined some recommendations for development in the town branch area, Loudoun Street expansion project and a Dodona Manor/Town partnership. She further informed Council of a meeting with the consultants and downtown residents, business owners and other interested parties. The zip code survey and the effect of street closures on the businesses were discussed. The consultants will return the week of October 2nd. Bob Anderson., 205 Woodberry Road, outlined his concerns with the health problems caused by stray and free-roaming cats in the area. He stated there is a large problem with cat feces in his yard and proposed a leash law for cats. Bill Zawacki., 1107 Rollins Drive, SW, asked Council for the status of Resolution 2002-112 which was approved by a 4-2-1 vote on June 25, 2002. He recommended that Council appoint a citizen's task force to study annexation in accordance with the resolution. Barbara E~mm'~ons, P.O. Box 1103, Leesburg, stated her concerns with the Crosstrails Boulevard proposal. James Ron Caqlione, stated he is an owner of property in the Town of Leesburg. He stated his concerns with the name change of Sycolin Road and the effect on businesses. The petitioner's section closed at 8:40 p.m. Gw Public Hearing a. Proposed 20-Year Comprehensive Plan for oarks, recreation, open space, trails, and areenwavs. Kaj Dentler outlined the recent parks expansion efforts and the history of the proposed 20-year plan. Town Council minutes for September 10, 2002 Page Further, he stated the Parks & Recreation Advisory Commission and the Planning Commission unanimously endorsed the plan. Deana Rhodeside, Rhodeside & Harwell Consultants, gave an overview of the highlights for the 20-year plan and the process that was involved in making this recommendation. John Meizer, Rhodeside & Harwell Consultants, outlined the goals of this plan, including expanding the existing trails network, protecting cultural & historical sites and ensuring a balanced and adequate distribution of active recreation facilities, Ms. Rhodeside cited and outlined the nine priorities established by the Parks & Recreation Commission for this proposal. Councilmember Kramer asked how the report addresses the Chancellor Street trail? Mr. Dentler stated the best approach is to find an alternative to the Chancellor Street trail. Councilmember Zoldos stated nothing should be taken off the table in this plan. The public hearing opened at 9:15 p.m. Douq Goolsby, 906 Chancellor Street, commended the Parks and Recreation Department for their efforts and stated the Chancellor Street trail discussion has been positive. He stated his recommendation continues to be to find an alternative to the Chancellor Street trail. Hub Turner., 1107 Bradfield Drive, stated he does not want trails thru the neighborhoods. He further stated the plan does not consider the impact on neighborhoods. Patty Snow, 1242 Barksdale Drive, stated she supports the 20-year plan and encourages the loop trail system. She encouraged the further development of the Balls Bluff and Dry Hollow trails. Lisa SDeet, Loudoun Preservation Society, addressed the issue of historical sites and stated the National Register does not protect locations. She further stated she would like to see historical sites marked and protected. Patty Snow asked how the bike trail connects to White's Ferry and how this works into the Parks & Recreation plan. The public hearing closed at 9:33 p.m. b. Prooosed r4ast~r Plan for Veteran's Park at Balls Bluff Kaj Dentler stated the Veteran's Park property was acquired in March 2002 and consists of 86 acres adjacent to Balls Bluff Regional Park. Town Council minutes for September 10, 2002 Page 9 He further stated the Parks & Recreation Advisory Commission and the Planning Commission have given their unanimous endorsement. Mr. Elliot Rhodeside, Rhodeside & Hartwell consultants outlined the planning process and the location of the park. He further stated this property is an excellent resource because it is 85% covered with woodland 15% meadowland. He further stated there are areas that are possibly archeologically significant and are prehistoric sites. Any future ground disturbance would need to be preceded by phase one archeological testing. Mr. Elliot also stated there was large community participation and input from the Northern Virginia Regional Parks Authority. Kaj Dentler stated an adjacent private property landowner and the owners of Harrison Island have been consulted. The public hearing opened at 9:50 p.m. Robert Andrews., 1406 Garrison Court, stated that he is impressed with the plan and its ability to meet community needs and preserve the property's history. Robert Lewis, 17240 Twin Maple Lane, stated that he is an adjacent property owner and has concerns with the misuses of the property. Further, he asked that the boat ramp be moved further away from his property. Mr. Lewis added he was never invited to any of the community meetings. Patty Snow, 1242 Barksdale Drive, stated she believes this is a wonderful plan, and suggested that this be a Iow impact park. Hub Turner, 1107 Bradfield Drive, stated he believes this is a wonderful project, but the negative impact on neighbors needs to be identified and resolved. Timotha Rainey, 502 Balls Bluff Road, stated she likes the plan, but still has concerns with the traffic issues. The public hearing clOsed at :t0:02 p.m. H. Council Comments Councilmember Schmidt stated 9/11 is a solemn event and asked the public to take a moment to be thankful for the Town, Country and our freedom. He further invited the public to join the remembrance ceremony on the Town Green. Mr. Schmidt stated he is proud to sponsor a resolution asking the County to reinstate Crosstrail Boulevard. Town Council minutes for September 10, 2002 Paqe 10 Councilmember Martinez thanked Bill Zawacki for bringing the Citizens Task Force resolution to the attention of Council and hopes that Council will honor it. Councilmember Zoldos had no comment. Vice-Mayor Jackson thanked everyone for the flowers and cards received after the passing of his great-niece, Councilmember Buttery had no comment. Councilmember Kramer reminded the public of the Jewish High Holy Days and thanked Joe Price for his help in making the Jewish communities feel safe. Further she informed Council of a large flag painted in her community and invited the public to join them in their candle lighting ceremony tomorrow night. Hayor's Comments Mayor Umstattd invited the public to attend the remembrance ceremony tomorrow night on the Town Green and stated John Hager, Assistant to the Governor for Commonwealth Preparedness, will be the keynote speaker. Further she announced, on behalf of the Leesburg Today, Loudoun Times Mirror and WAGE, there is a conference on the Freedom of information Act at the NOVA, Sterling campus on September 12th and invited Council and the public to attend. 3. Hana§er's Report Joe Price stated the Homeland Security Office has increased the threat level to orange, which indicates there is a high possibility of terrorist activity in the United States or United States properties. He further stated the Leesburg Police Department has increased their response level. Chief Price asked the public to be vigilant and defiant and should feel safe and comfortable to come out to the ceremony tomorrow night. K. Legislation: CONSENT AGENDA On a motion by Vice-Mayor Jackson, seconded by Councilmember Kramer, the following consent motion was proposed: 2002-151 RESOLUTTON Accepting public improvements, releasing the performance guarantees and approving maintenance guarantees for public improvements at Stratford, Phase A, Sections i & 2; and Phase B, Sections I & 3 and 2. 2002-152 RESOLUTTON Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Potomac Station, Section 10 public improvements. Town Council minutes for September 10, 2002 Page 2002-153 RESOLUTION Authorizing time extensions for completion of public improvements and approving performance guarantees for Northlake Sections I and 4; Northlake Lake, and Northlake Road. 2002-154 RESOLUTION Making a reduction of the performance guarantee for public improvements installed in Edwards Landing, Section 2A. 2002-155 RESOLUTION Approving a substitute performance guarantee for Edwards Landing, Section 3. The consent motion was adopted by the following vote: Aye: Buttery, Vice-Mayor Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 REGULAR AGENDA On a motion by Councilmember Zoldos, seconded by Vice-Mayor Jackson, the following motion was proposed: 2002-156 RESOLUTION Awarding a contract to Farber Specialty Vehicles for a Mobile Command Center vehicle in the amount of $107,705. The motion was approved by the following vote: Aye: Buttery, Vice-Mayor Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 BOARDS AND COMMISSIONS a. Airport Commission - Councilmember Zoldos stated the next meeting is scheduled for September 12th, b. Thomas Balch Library Commission - No comment. Board of Architectural Review - Vice-Mayor Jackson stated the next meeting is scheduled for September 16th. c. Cable Commission - No comment. e. Economic Development Commission Mayor Umstattd made a motion, seconded by Councilmember Martinez, to formally designate Karen Jones as Leesburg's representative to the Main Street Program. The motion was approved by the following vote: Town Council minutes for September 10, 2002 Page Aye: Nay: Vote: Buttery, Vice-Mayor Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd None 7-0 Environmental Advisory Commisson - No comment. g. Tnformation Technology Commission - Councilmember Zoldos stated there would be a Public Hearing on September 19th to permit transmission antennas as a part of high-speed internet service provider home occupation use. h. Parks & Recreation Commission On a motion by Vice-Mayor Jackson, seconded by Councilmember Buttery, the following motion was proposed: 2002-156 RESOLUTZON Making an appointment to the Parks & Recreation Commission - Tressy Harris. The motion was approved by the following vote: Aye: Buttery, Vice-Mayor Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 Planning Commission - No comment. j. Tree Commission - No comment. k. Standing Residential Traffic Committee - Vice-Mayor Jackson stated there will be a public hearing on October 8th regarding the name change for Sycolin Road. M. New Business On a motion by Councilmember Schmidt, seconded by Councilmember Zoldos, the following motion was proposed: RESOLUTTON URGTNG LOUDOUN COUNTY TO RESTORE CROSSTRATL BOULEVARD FROt4 RT. 621 EVERGREEN MZLL ROAD TO RT. 15 I'N TTS COUNTYWZDE TRANSPORTATZON PLAN. Councilmember Schmidt stated the Virginia Department Of Transportation gave a compelling presentation of traffic gridlock in Leesburg and the major point made was the elimination Crosstrail Boulevard from the map has removed the flexibility of future planning. He further stated this resolution does not say build Crosstrail Boulevard now, but to simply reserve the right to build it later if necessary. Town Council minutes for September 10, 2002 Page ]3 Mr. Schmidt also stated it is important to put the new Council on record that this is an important part of our plan. Mayor Umstattd stated her opposition to the motion, stating it is redundant to the position the previous Council took and expressed her concern with the statement "beginning of extension of a new major east/west highway along 704 from Rt. 15 to and thru Hamilton". She further stated this action is premature, as no reaction has been heard from Hamilton and Purcellville. Mayor Umstattd also stated Supervisor Burton's concern for this will cause damage to an improving relationship between the Town and the County. Councilmember Martinez stated his opposition to the resolution. further stated it is premature and he does not want a major east/west freeway. He Councilmember Jackson stated he would be abstaining. Councilmember Buttery stated his concern with development on Rt. 621 and the negative impact on transportation issues. He stated he would not be supporting this resolution. Councilmember Kramer stated she would need more time before coming to a conclusion. Councilmember Zoldos stated the development is already there and this resolution asks you to consider protecting a right of way that may be needed in the future growth of the Town. Councilmember Schmidt stated there is no more time if County approves their Transportation Plan. The motion failed by the following vote: Aye: Schmidt and Zoldos Nay: Buttery, Kramer, Martinez and Mayor Umstattd Vote: 2-4-1 (Vice-Mayor ~lackson abstaining) On a motion by Councilmember Zoldos, seconded by Councilmember Schmidt, the following motion was proposed: b. Making space available for a Visitor's Center in Town Hall. Councilmember Zoldos stated the relocation of the Loudoun County Visitor's Center has taken away from the historic downtown area. He stated in addition the Town should establish a visitor's center in Town Hall to be staffed by the Loudoun County Visitor's Center or a community volunteer. He suggested using the alcove in the reception area of Town Hall and additional signage from Catoctin Circle directing people downtown. Town Council minutes for September 10, 2002 Page ]4 Mayor Umstattd suggested getting a staff report from Marantha Edwards. Councilmember Zoldos asked that the motion be tabled to next meeting. Councilmember Jackson stated there is not enough space to allow for this. Councilmember Schmidt stated the Economic Development Commission did discuss a similar idea, coupled with discussion of opening the bathrooms for public use on the weekends. He further stated a security guard would be needed and perhaps that cost could be shared with LCVA or local business owners. Tt was the consensus of Council to receive a staff report from Marantha Edwards at the next meeting. On a motion by Councilmember Zoldos, seconded by Councilmember Schmidt, the following motion was proposed: Cw Motion to provide to Monroe Vo-Tech Center reimbursement for water and sewer availability fees. Councilmember Zoldos stated that Monroe Vo-Tech builds houses throughout the community, the latest being at 806 Wage Drive. Tn the past the sewer and water fees have been reimbursed. Councilmember Zoldos agreed to table the motion until the next Council meeting to enable staff to provide more information for Council. d. Street name change for Sycolin Road Councilmember Zoldos suggested adding the block numbers to the street signs in lieu of changing the name. e. Boundary Line Adjustment Proposal Update Councilmember Zoldos discussed scheduling a meeting with the County's negotiation team. Further, he asked Mayor Umstattd to assist in scheduling a meeting with the County. The meeting adjourned at 10:55 p.m. Clerk dl~Cou ncil 0 ~n C. dmstattd, Mayor Town of Leesburg tcmin091002