HomeMy Public PortalAbout2007_10_23
COUNCIL MEETING
October 23, 2007
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne,
Ken Reid, Kevin Wright, and Mayor Kristen Umstattd.
Councilmembers Absent: Council Member Martinez arriving at 8:00 p.m.
Staff Present: Town Manager John Wells, Assistant to the Town Manager Kathleen
Leidich, Airport Director Tim Deike, Director of Engineering and Public Works Tom
Mason, Director of Planning and Zoning Susan Swift, Tourism and Marketing
Coordinator Marantha Edwards, Zoning Administrator Brian Boucher, Director of
Capital Projects Nagi Elsewaissi and Clerk of Council Judy Ahalt.
AGENDA
ITEMS
A. Invocation by Danny Garcia
B. Salute to the Flag was led by Wolf Scouts, Den 5, Pack 1158
C. Roll Call showing Council Member Martinez arriving at 8:00 p.m.
D. Minutes
1. Regular Session Minutes of May 8, 2007
On a motion by Council Member Hammier, seconded by Vice Mayor
Horne, the minutes of the May 8, 2007 Town Council meeting were approved
by a 6-0-1 vote (Martinez absent).
2. Regular Session Minutes of June 26, 2007
On a motion by Council Member Burk, seconded by Vice Mayor Horne,
the minutes of the June 26, 2007 Town Council meeting were approved by a
6-0-1 vote (Martinez absent).
E. Presentations
On a motion by Council Member Burk, seconded by Vice Mayor Horne,
the following Certificates of Appreciation were approved by a 6-0-1 vote
(Martinez absent)
1. Certificates of Appreciation - Keep Leesburg Beautiful - Wolf
Scouts, Den 5, Pack 1158
Presented to the scouts for their efforts associated with the 2007 Keep
Leesburg Beautiful campaign. Their efforts cleaning up the park will help
protect the environment and quality of life for the residents of Leesburg.
Council Member Burk thanked the scouts for their clean up. She
stated that she and Vice Mayor Horne are very proud to see young people
who are interested in keeping the environment clean. Vice Mayor Horne
thanked the scouts for being great leaders and stewards of the community.
Town Council Meeting of October 23. 2007
Page 2
2. Danny Garcia - Global Walk Foundation
Danny Garcia stated that his trip to Africa was a great success. Mr.
Garcia introduced Matt from the Loudoun Times Mirror. He thanked Leesburg
residents and people throughout the United States that gave him help and
support. He also thanked people in the other countries who gave him places
to stay and food to eat. Mr. Garcia outlined his tour around the world starting
in Cape Town, South Africa and moving through Uganda, Ethiopia and the
Sudan. He noted that throughout the trip, they did not have to pay for
accommodations or food because it was provided by the people along the
way. He stated that he was leaving in November to go back to Ethiopia,
Darfur, Kartoum, and Dubai. He stated he planned to walk through Dubai,
Quatar, Bahrain, Kuwait, Jordan, and then pass through Iran and Iraq. He
stated he had to be in Bejing by August 8, 2008 for the Olympics. He stated
that Matt would like to be part of this to document the trip. He added he has
been asked to consider a walk to the United Nations for the opening of the
General Assembly upon his return to the U.S.
F. Petitioners - The petitioner's section opened at 7:50 p.m.
Marantha Edwards, 1112 Franklin Court, stated she is here this
evening as a member of the Leesburg and Loudoun Anniversary Committee to
present the Mayor and Council with the Leesburg and Loudoun Anniversary
flag. She stated that the flags will be hung tomorrow in downtown Leesburg
to celebrate the remainder of the anniversary year for Loudoun County's 250th
this year and in anticipation of Leesburg's anniversary in 2008.
Ms. Edwards noted that the logo was created by Jen Sterling with
Hinge Branding Company. She described the colors of the flag and the
meaning behind each color. The Blue represents the international color for
tourism, the purple represents the color of passion and the color of grapes in
Loudoun County. Red is the color of bloodshed in battles that have occurred
here in Leesburg and Loudoun County. It is also the color of the bricks in the
historic buildings. The yellow is the color of the harvest. The green is the
color of the countryside and white represents the dairy industry from Loudoun
County.
Don Phau stated he was reiterating what his colleague Ritchy Freeman
presented two weeks ago asking the Council to endorse the legislation that
Mr. Larouche has proposed for homeowners and banks to deal with the fact
that we are entering a period of massive home foreclosures. He stated
Loudoun County is ground zero because of the increase in speculative real
estate in Loudoun over the past 10-15 years. He stated this county should be
devoting itself to bringing in light industry. He questioned with the drop in
tax revenues due to lower assessments, how will the County pay for police
and fire services. He suggested working out reasonable terms for
homeowners so that they don't have to lose their homes. He recommended
setting up a federal agency to deal with that. He asked the Council to
endorse this legislation.
Karen Jones, Vice Chairman of the Leesburg Economic Development
Commission. She stated she was not able to be present for last night's
discussion about the Performing Arts Center. She asked the Council to pass
the the Feasibility Study. She noted this is very important for the Town.
Town Council Meeting of October 23. 2007
Page 3
Sandy Kane. 815 Kenneth Place. She stated that she has served as
the Chairperson for the Performing Arts Task Force. She asked the Council to
raise the five minute rule as she has comments to enter into the record from
other people. Ms. Kane read the following comments:
Steve Robin - "The task force was created to determine whether or
not the Town would benefit from the proximity of a Performing Arts Center.
From the research I did for the Task Force, I believe that the Town would
benefit in two ways. One, it would get a direct economic benefit from the
people attracted to the Town in connection with events at the new center.
Secondly, having a performing arts center in Leesburg would greatly boost
the amenity value of the Town itself, in the same way that, for example, the
Ida Lee Recreation Center makes the Town a better place in which to live and
work. To the extent that the Town seeks to partner with the County in this
effort, I believe the Town would lose control over where the facility actually
goes since partnerships with the County in ventures like this have not been
overly successful in the past, there is that dimension also. Finally, the
granting of this request for funds for a feasibility study would recognize that a
performing arts center would greatly benefit from a kick off effort. A
feasibility study will provide the information base necessary to attract private
individual donors. It will also show those investing in development in
Leesburg that the Town puts a premium on the development community's
partnership in bringing an arts center to fruition."
Ara Bagdasarian - "I am unable to attend this evening's meeting;
however, if I was to be present I would simply sit and wait for a vote from the
Council. I believe the Task Force has done more than enough to make the
case for a performing arts center in Leesburg and the leadership roles the
Town can take by moving forward with the feasibility study. If Council is not
willing to take this symbolic and essential step, then it sends a clear signal to
our community, which includes stakeholders, businesses, residents and
families. The ball is in now in the Town Council's court".
Bruce Gimmell - "I regret I am unable to attend tonight's Council
meeting. I respectfully appeal to Madam Mayor and our distinguished Council
members to support funding the feasibility study and to be on board with an
initiative I am certain will resonate well with constituents. As many know, I
have been very involved in bringing a performing arts center to Loudoun
County, preferably in close proximity to Leesburg. I am equally committed to
forming a 501(c)(3), which was my original recommendation to Leadership
Loudoun. I believe if the Town Council agrees to fund this feasibility study,
its chosen representatives should have a right to a seat on the nonprofit
board to look at the interests of the Town and its citizens. There are
numerous benefits to having a cultural arts program as part of any
community. We all know economic development is one of those benefits.
When tied to public arts, which I am pleased the Town supports, the two
complement each other in ways that encourage repeat visitors and enduring
programs. My colleagues on the Task Force make very intelligent and
knowledgeable arguments in support of the Town backing a feasibility study,
so I will not waste the Council's time trying to go over the same good points.
Perhaps we should look briefly at the educational value for our children.
Research shows that young people who participate in the arts are four times
more likely to be recognized for academic achievement, three times more
Town Council Meeting of October 23. 2007
Page 4
likely to be elected to class office, but not likely to challenge a sitting member
of the Leesburg Town Council, four times more likely to participate in a math
or science fair, three times more likely to win an award for school attendance,
four times more likely to win an award for writing an essay or a poem, more
likely to read more often for pleasure, participate in youth groups nearly four
times more frequently, perform community service nearly twice as often. The
fact is, a performing arts center can serve as a magnet for our gifted and
talented students and have a tremendous impact on the development and
growth of every child. It serves to "level the playing field" as there are no
socioeconomic boundaries when it comes to those kids who benefit. I can go
on and on, but I think my point is made. Besides, I can tell you the Loudoun
County Public School System is very much in support of the educational
aspect that would be established through a performing arts center. The
feasibility study would address all of this and more. I have no doubt
Leesburg citizens would be grateful to those elected Town officials who took
this initiative, one that benefits education as well as our cultural and
economic needs. Some on the Council may feel a performing arts center is
going to happen through the initiative of another organization, so why should
the Town Council fund a feasibility study? With respect, if the Town Council
fails to support this study, it will lose relevancy with regards to this particular
cultural arts enterprise. It will lose its voice in matters pertaining to the
establishment of a cultural gorilla certain to entertain and educate Leesburg
and Loudoun residents and more important, drive patrons to hotels,
restaurants and retail shops within the Town limits. The Council will not be
able to take credit for something that is steadily gaining grassroots
momentum among its constituency. If the Council fails to support this
feasibility study, it will be ceding its voice to the formation of an economic
and cultural bonanza to the Town. I urge the Council to fund this initiative
and stay relevant to having its voice heard as we build a performing arts
center. It will be built and I can't think of better partners than the Town of
Leesburg through its elected representatives".
Ms. Kane stated that she had little to add. She stated that they looked
at all facets of how the performing arts center would benefit the Town,
including restaurants, hotels, retail shops, both within the historic district as
well as within the entire 11.2 square miles. She stated the task force is ready
and willing with additional time and energy to continue, not as task force
members, but as members of the community.
Council Member Reid questioned Karen Jones as to how it is going with
the business process improvement task force. Ms. Jones stated they would
have a report in November.
The Petitioner's section closed at 8: 11 p. m.
G. Public Hearing
a. To consider the application for Transportation Enchancement
(SAFETEA-LU) Grant funds from the Virginia Department of
Transportation to fund the Downtown Streetlights capital project.
The public hearing opened at 8: 12 p.m.
Town Council Meeting of October 23. 2007
Page 5
Nagi Elsewaissi stated the grant application is to replace the aging
downtown street lights with ones that are in keeping with the Historic District.
He stated the style of light has been selected and has passed BAR approval.
He stated that they have applied for this type of enhancement funds for other
projects.
Council Member Burk questioned whether the street lights will be
energy efficient.
Mr. Elsewaissi stated the technology has not created a more energy
efficient bulb for this type of light; however, once they become available, the
lights will be retrofitted.
Council Member Hammier stated she fully supported all efforts to get
grant money from the state.
Council Member Reid questioned how many lights could be purchased
with the grant money and why the grant wasn't accepted last year.
Mr. Elsewaissi stated the final cost would depend on where they are
installed as some locations are easier to install than others. He stated the
total project is close to $2.2 million because of undergrounding conduit. He
estimated $200,000 would purchase about 10 lights. He stated last year they
were not chosen by VDOT; however, they have compared their application
from last year with the applications that were chosen and are using that
information to make this year's application more successful.
Council Member Reid stated the undergrounding of utilities should be
done sooner rather than later and this project is very important for this
reason.
Mayor Umstattd read Section 3 of the proposed resolution:
"The Town of Leesburg hereby agrees to pay a minimum of 20% of the
total cost for planning and design, right of way and construction of this
project and if the Town subsequently elects to cancel this project, the Town
hereby agrees to reimburse the Virginia Department of Transportation for the
total amount of costs expended by the Town through the date the department
is notified of such cancellation."
There were no speakers for this public hearing. The hearing was
closed at 8:19 p.m.
On a motion by Vice Mayor Horne, seconded by Council Member Reid,
the following motion was proposed:
RESOLUTION 2007-144
Endorsing the application and authorizing the Town Manager to execute the
application for a Transportation Enhancement Grant for Downtown
Streetlights project.
Town Council Meeting of October 23. 2007
Page 6
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
H. Legislation
ORDINANCES
None
CONSENT AGENDA
On a motion by Vice Mayor Horne, seconded by Council Member
Wright, the following consent agenda was approved by a 6-0-1 (Martinez
absent) vote:
RESOLUTION 2007-145
Approving a substitute performance guarantee for public improvements in
Fort Evans Plaza II, Battlefield Parkway Extension.
RESOLUTION 2007-146
Authorizing an agreement and approving water and sewer extension for
Leesburg Central
RESOLUTION 2007-147
Authorizing an increase of the performance guarantee for the Route 7 at River
Creek Parkway interchange interim grading and utility plan
RESOLUTION 2007-149
Awarding the South Apron Development Phase I Project Construction Contract
RESOLUTION 2007-150
Awarding the Airport Construction Management Continuing Services Contract
RESOLUTION 2007-151
Authorizing Talbert & Bright's Task #1 for the Airport Construction
Management Continuing Services Contract
REGULAR AGENDA
Council Member Wright clarified the sections after 1, 2, and 3 are
additional facts to the top four.
Mayor Umstattd stated even if other projects are added in, other than
the top four, the fact that the top four have been prioritized should clarify it
for VDOT.
Council Member Reid stated the six-year program is important to get
projects into the pipeline. He stated VDOT has had to take projects out of the
six-year program and out of the long range plan for the Washington Region
because there has been no funding. He noted that Hobie Mitchell had
recommended asking for everything, including lobbying the CTB to get
funding for the interchange north of Town.
Town Council Meetino of October 23. 2007
Paoe 7
Council Member Horne stated the maps giving the traffic counts are
very critical to include.
On a motion by Council Member Hammier, seconded by Vice Mayor
Horne, the following motion was proposed:
RESOLUTION 2007-148
Requesting the Virginia Department of Transportation (VDOT) Funding for
highway projects with the Town of Leesburg in the VDOT Six-Year
Improvement Plan for Fiscal years 2008-2009 through 2013-2014
Council Member Reid offered a friendly amendment to add to Section
1, a Priority #5, Widening of Evergreen Mill Road (Rt. 621) from South King
Street to Battlefield Parkway to four lanes. Council Member Hammier and
Vice Mayor Horne accepted this friendly amendment.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
Mayor Umstattd noted that the following item had been removed from
the Consent Agenda due to a number of possible applicants for the opening.
On a motion by Council Member Reid, seconded by Council Member
Hammier, the following motion was proposed:
On a motion by Vice Mayor Horne, seconded by Council Member Burk,
a motion was made to table:
RESOLUTION - Tabled
Making an Appointment to the Standing Residential Traffic Committee
The motion to table was approved by the following vote:
Aye: Burk, Hammier, Horne, Wright and Mayor Umstattd
Nay: Reid
Vote: 5-1-1 (Martinez absent)
On a motion by Council Member Hammier, seconded by Council
Member Burk, the following resolution was proposed:
RESOLUTION 2007-152
Accepting the Performing Arts Task Force Report
Mayor Umstattd read the choices before the Council.
Council Member Hammier stated she would support the funding
requested by the Task Force (Option 2) for $35,000.
Council Member Burk stated she would also support the funding
requested by the Task Force.
Town Council Meetinq of October 23. 2007
Page 8
Council Member Hammier stated she supported the funding because it
is an important catalyst for private donations and getting a 501(c) structured.
She stated this will focus everyone's efforts.
Council Member Wright offered a friendly amendment to add a
Subsection 2 indicating the funds would not be released prior to review by the
Economic Development Commission and Council of the Scope of Work for the
project.
Council Members Hammier and Burk accepted the friendly
amendment.
Council Member Wright offered a second friendly amendment to add
the requirement of the creation of a 501(c)(3) for the performing arts center
prior to funds being released.
Council Member Burk stated she would not support this friendly
amendment.
Council Member Reid stated he would support the second amendment.
Council Member Burk stated that her opposition to the second
amendment stems from the fact the study needs to occur first, then the
501(c) needs to be created.
Council Member Wright stated he envisioned citizen support working in
tandem.
Mr. Wells stated his understanding is the Town would work with the
Task Force managing the feasibility study and the 501(c)(3) would come
some time after that.
Council Member Wright withdrew his second amendment. He stated
he could see the economic value of making the investment. He challenged
the community to start doing fund raising.
Mayor Umstattd stated she would not support this. She stated she did
not think it necessary to spend $35,000 to do a feasibility study. She stated
the questions that need to be asked have already been answered in a number
of jurisdictions. She suggested having a staff member contact those
jurisdictions to find out how large their facilities are, what kind of parking is
provided, and where they are located relative to a historic downtown. She
stated she did not feel the money would be well spent. She noted this is
totally unrelated to the merits of the underlying proposal. She stated the
Town needs to look at what parts of Town would be appropriate for this
facility. She suggested the Historic District or in the Crescent District, but
certainly within walking distance of the downtown.
Vice Mayor Horne stated location is key to the success of this facility,
but development of a business plan is most important. She stated a business
plan should be incorporated into the Scope of Work.
Town Council Meeting of October 23. 2007
Page 9
Council Member Reid agreed anytime there is a request for funding,
the Council should scrutinize it. He noted being able to set the Scope of Work
should give the Town some protection. He stated he felt the Council and EDC
would be able to utilize proper oversight. He apologized to the EDC and the
Public Arts Commission for the length of time it has taken to hear this matter.
Council Member Hammier stated the Task Force has a very specific
recommendation that the Town take a leadership position. She stated having
a business plan based on the information needed will get the private sector
involved as a catalyst.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Reid and Wright
Nay: Mayor Umstattd
Vote: 5-1-1 (Martinez absent)
On a motion by Council Member Burk, seconded by Council Member
Reid, the following resolution was proposed:
RESOLUTION - Tabled
Approving pole signs for the special events component of the Wayfinding Sign
System
Vice Mayor Horne stated this has been part of the business plan of the
EDC for years.
Council Member Wright stated they are asking to waive one of the
requirements and he has not seen a convincing case.
Council Member Reid moved to table this item to give the Town time
to come up with an events sign that will meet the Town's requirements. He
agreed with Council Member Wright, adding it is egregious to spend money to
design the sign without consulting the Public Works Department on whether
they could meet the right of way or regulatory requirements.
The motion to table failed for lack of second.
Mayor Umstattd read the following part of the resolution into the
record:
"Therefore Resolved....authorization is hereby given for pole signs to
be erected in the public right of way in four locations. The following
limitations regarding the signs shall apply:
1. The pole signs shall comply with the specifications depicted on the
pages entitled 'Leesburg Wayfinding Sign System - Special Events Signs' and
numbered pages 47 and 48, except as modified by the Board of Architectural
Review.
2. There shall be a maximum of two pole signs erected in each of the
four entrance ways specified on page 49 of the plan entitled 'Map 4 - Special
Event Sign Locations'. This includes the addition of pole signs at West Market
Street. "
Town Council Meeting of October 23. 2007
Page 10
Mayor Umstattd stated she is not yet convinced to vote for it despite
the work her colleagues had put into it.
Council Member Reid noted the Birchmere had offered to construct a
performing arts center, but did not want to deal with the requirements of the
Town. He noted they would be opening at University Center. He commented
we would be exempting our own regulations for our own government needs.
Vice Mayor Horne moved to table this item until the November 27th
meeting.
Council Member Reid seconded the motion to table.
The motion to table was approved by the following vote:
Aye: Burk, Hammier, Horne, Reid, and Mayor Umstattd
Nay: Wright
Vote: 5-1-1 (Martinez absent)
On a motion by Council Member Wright, seconded by Vice Mayor
Horne, the following motion was proposed:
MOTION
Setting a public hearing date for Appeal of BAR Case No. TLHP 2007-003
(Leesburg Fire Station, Company 1) of November 27, 2007.
Vice Mayor Horne questioned whether there would be a vote on the
same night as the public hearing.
It was clarified the Council could chose to vote that night.
Mr. Brian Boucher stated the November 27th meeting was chosen due
to advertising requirements as set forth in the Zoning Ordinance and the
Virginia State Code.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
I. BOARDS AND COMMISSIONS
1. Airport Commission
No report.
2. Thomas Balch Library
Council Member Burk stated the last of the series on Loudoun County's
250th anniversary just finished. She noted they are starting a series for
Leesburg. She stated they had top-notch speakers and the crowds were so
large, they had to move to one of the local church's social halls. She stated
they will be having the history awards on November 11 at 2 p.m. at the
Library.
Town Council Meeting of October 23, 2007
Page 11
3. Board of Architectural Review
Council Member Reid stated the Design Guidelines are being reviewed.
4. Cable Television Advisory Commission
No report.
5. Commission on Public Art
No report.
6. Economic Development Commission
No report.
7. Environmental Advisory Commission
Council Member Burk stated the EAC is having the Girl Scouts give out
reusable bags. She stated they are giving two per family. They calculate
they are saving four bags per reusable bag. She noted they have included a
fluorescent light bulb and information on recycling. She thanked Safeway for
allowing the bag distribution outside their store.
8. Information Technology Commission
No report.
9. Parks and Recreation Commission
Council Member Wright reported they had a meeting with the County
Parks and Recreation Commission a couple of weekends ago. He noted they
discussed Ida Lee and Bolen Park. He stated the general theme is that the
County is lacking in funds for numerous initiatives.
10. Planning Commission
No report.
11. Tree Commission
Council Member Reid stated there is a handout regarding the number
of trees that will be replaced due to Capital projects. He noted they may not
be able to do any planting on the Memorial Grove prior to the anniversary of
the tragedy. He stated there would be a settlement with Allegheny Power
regarding the Chesapeake Watershed, which might mean some money to the
Town for trees.
12. Standing Residential Traffic Committee
No report.
J. OLD BUSINESS
None.
K. NEW BUSINESS (For Consideration at a Future Meeting)
Council Member Reid clarified the purpose of the joint BAR retreat is for the
Council and BAR to exchange ideas and so the BAR can express concerns.
Council Member Wright suggested a third party neutral facilitator.
Town Council Meeting of October 23. 2007
Page 12
Council Member Hammier stated she would be interested in seeing an agenda
before the meeting. She questioned whether other key stakeholders should be
invited.
Council Member Reid noted that there had been some discussion of inviting
the EDC and Town planning staff.
Council Member Wright asked that the Overland Relief requirement reduction
be added to the agenda for a future meeting unless it will be covered in updates to
the Design and Construction Standards Manual. He asked for an after-action report
on Court and Market Days looking at cost/income and stakeholder feedback from the
community. He asked for a discussion of transportation impact fees.
Council Member Reid stated some non profits have approached Council
Members regarding getting table space at the Craft show. He asked that this be put
on the agenda for the next Work Session.
Vice Mayor Horne asked that Proctor Harvey, a landscape architect, be added
to a future Council agenda. She noted that he had designed a streetscape project
for the City of Lynchburg and she would like to have him speak to Council regarding
the project.
Council Member Burk requested that the Loudoun Street Task Force be
reconvened.
Council Member Martinez asked how the Utility Rate Committee is proceeding.
Mr. Wells stated the Committee has had a series of background meetings on
fiscal policy, utility covenants, and taken tours of both plants. Further, he added
they are going through the rate model at this time and hopefully should have
something to report in late November.
Council Member Burk asked that they not be pressured to come to Council
with a report before they are ready.
L. COUNCIL COMMENTS
Council Member Reid complimented Vice Mayor Horne on keeping the last
meeting going in Mayor Umstattd's absence. He noted he enjoyed being the Town
Crier for Court and Market Days. He also requested a report on cost/income for the
special event. He stated he was honored to have given the invocation for the NAACP
banquet and added that he was pleased the Muslim community was represented at
the dais. He stated he had attended the Good Shepherd Alliance opening in
Ashburn. He noted that Council Member Martinez was there to represent the Town.
He discussed the Wolf Furniture decision to discontinue plans to build a store in
Leesburg and the role of regulations in the development process. He urged Mr. Wells
to move towards streamlining the development process.
Council Member Wrioht disclosed he met with the representatives of INOVA
Loudoun Hospital in regards to their current development and future development
plans. He complimented the staff, Parks and Recreation Commission, and the
Economic Development Commission on Court and Market Days. He added he was
very impressed that the Town wasn't working on the sidewalk during the special
Town Council Meeting of October 23. 2007
Page 13
event. He noted he appreciated Mr. Wells' memo on process improvement and
urged continuing along this track. He added that the VML conference was very
informative. He displayed his pictures of the stormwater management project at the
new hospital building and questioned how this came about through the Site Plan
process.
Council Member Burk commented she had a number of complaints about the
number of trees that had been removed.
Council Member Hammier stated the residents of southern California are in
her prayers while they deal with the forest fires. She thanked all those involved in
the Emergency Preparedness seminar at Douglass Community Center. In particular,
she thanked Robert Hyatt, who has DVDs of the information available at
Robert.hyatt@fincen.gov. He can also be emailedateptraining.net. She thanked
Parks and Recreation and everyone who was involved in Court and Market Days.
She noted that the Town could look at using biodegradeable plastic bags. She stated
she appreciated Council's support for the overcrowding public hearing resolution.
She stated comments she has received in her neighborhood about the speed
information sign on North King Street going into the Historic District are that it needs
to be moved further north on King Street to give vehicular traffic more time to slow
down. She reminded everyone of the Smart's Mill 5K is this coming Saturday
morning.
Council Member Martinez requested an update on the Post Office. He noted
he was at the Tenderjack's ribbon cutting. He noted he had been talking to Ted
Coleman about the alternative gift fair and Tenderjack's wrote a check to help with
sponsorship. He stated the NAACP dinner was well attended. He reminded everyone
about the Halloween parade. He applauded the public/private alliance for the Good
Shepherd opening.
Vice Mayor Horne reported that she met with Peter Burnett about plans for
the Downtown Improvement Association. She stated she appreciated the
opportunity to attend the Virginia Municipal League conference last week. She noted
that it was a wonderful opportunity to learn what other communities throughout
Virginia are doing. She added she would like to see Leesburg have a higher profile
attendance next year. She noted because of travel, she would not be able to attend
the November 14 meeting. She stated she met with Eric Link, who is the legislative
liaison for Loudoun County government. She stated she was pleased with the
beginning of the streamlining process.
Council Member Burk congratulated Morven Park on their steeplechase race.
She noted it was very well attended and attendees were appreciative of the
downtown. She stated she was honored to attend the 140th anniversary of Mt. Zion
United Methodist Church with Mayor Umstattd. She stated it is a testament to the
determination of people to keep this church open for 140 years. She stated the VML
conference was very informative. She noted she went to the NAACP dinner. She
stated Court and Market Days was very nice. She added some residents had
commented that they missed the banners. She commended the Environmental
Advisory Committee for working with the school board on the school site. She also
commended Mr. Wells and the staff on the streamlining process. She requested a
report on what the Town would do if faced with a drought.
Town Council Meeting of October 23. 2007
Page 14
M. MAYOR'S COMMENTS
Mayor Umstattd thanked Denise Reyes for making sure the Town got a
County resolution to Mt. Zion for their Sunday celebration of their 140th anniversary.
She noted Tom Signs of the Dulles Greenway is just as committed to making
sure that John W. Tolbert's name is back on the new sign over the Greenway. She
stated they will look at whether it is on the Battlefield Parkway bridge or a
commemorative sign in the median.
She thanked everyone at Mt. Zion for their wonderful hospitality. She added it
was a wonderful service and a cookbook is available for purchase at the Church.
She stated she spoke with Kate Trask after Court and Market Day was over.
She noted that all the vendors were very pleased with the turnout, especially since
this is the first year of holding the event.
She thanked the NAACP for their wonderful banquet.
She noted she appreciated the opening of Tenderjacks, which is the first
anywhere.
She noted she and John Wells attended the dedication of the George Marshall
statue at Dodona Manor.
She alerted everyone that the rescue squad will be needing additional space.
She encouraged them to come to Council in November to talk about their space
needs. She noted they wished to be able to expand into the current skate park. She
noted there are vague plans to move the skate park to Ida Lee, but a date has not
been set.
She stated she is an advocate of eliminating unnecessary regulations and is
happy about Mr. Wells' streamlining of the development process. She added that
some regulations are necessary, particularly those to do with storm water
management. She noted that flooding of neighboring properties is a big problem
with new development thus she did not want to see the Town lower its standard of
protection for existing communities.
N. MANAGER'S COMMENTS
Mr. Wells stated there is a memo in the pocket of Council
binders regarding changes in auditing standards. He asked Council to review this
memo as it would change terms, definitions and explanations of how internal control
matters need to be reported as part of the annual audit.
Mr. Wells stated on Friday, in Richmond, Scenic Virginia will be honoring the
Keep Leesburg Beautiful program. He stated that Vice Mayor Horne and possibly
Council Member Burk will be attending to receive the award. He stated the program
was selected as the recipient of the 2007 Local Anti-Litter Award.
Mr. Wells updated the Council on the tennis bubble. He stated the bubble has
been reinflated. He stated no specific cause of the deflation has been identified yet.
He stated a new bubble will be delivered by the vendor and the patched bubble will
be used through the winter season, which will allow for the completion of the court
Town Council Meeting of October 23. 2007
Page 15
surface. He stated this will allow for consideration of alternative colors, a light brown
and a green.
O. CLOSED SESSION
On a motion by Mayor Umstattd, seconded by Council Member Martinez, the
following closed meeting motion was made:
Pursuant to Section 2.2-3711(A)(1) and Section 2.2-3711(A)(7) of the Code
of Virginia, I move that the Leesburg Town Council convene in a closed meeting to
discuss personnel matters pertaining to the Town Attorney's Employment Agreement
and a legal matter pertaining to the Sycolin Corner Settlement.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
Council convened in closed session at 9:56 p.m.
Council reconvened in open session at 10: 56 p.m.
On a motion by Mayor Umstattd, seconded by Council Member Wright, the
following motion was read when Council reconvened in open session:
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 public business
matters lawfully exempted from open meeting requirements under the Virginia
Freedom of Information ct 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 meetings by Council.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
A motion was made by Vice Mayor Horne, seconded by Council Member
Martinez, to approve a settlement agreement dated October 5, 2007, to be executed
no later than October 26, 2007, in the Case of Town of Leesburg versus Sycolin
Center LLC in the Circuit Court of Loudoun County, Civil Action #41453 and to give
the Deputy Town Attorney and the Town Manager authority to sign.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Wright and Mayor Umstattd
Nay: Reid
Vote: 6-1
On a motion by Council Member Wright, seconded by Mayor Umstattd, the
following resolution was proposed:
RESOLUTION 2007-155
WHEREAS, Barbara P. Beach has served the Town of Leesburg as Town
Attorney pursuant to an employment contract between the Council of the Town of
Town Council Meeting of October 23. 2007
Page 16
Leesburg, Virginia and Barbara P. Beach dated as of the first day of September 2005
and as amended October 13, 2006 and as amended February 27, 2007; and
WHEREAS, pursuant to that employment contract and to the Code of Virginia,
Section 15.2-1542, the Town Attorney serves solely at the pleasure of the Town
Council.
NOW THEREFORE, IT IS RESOLVED, that the employment contract is
terminated according to Paragraph 8 of the employment contract at the pleasure of
the Town Council with the Town Attorney to enjoy the benefit of the further
payments described in Paragraph 11A of the employment contract plus any other
benefits required by law.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
P. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Council Member Reid,
the meeting adjourned at 10:59 p.m.
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"- ns en C. l:Jmstattd, Mayor (
Town of Leesburg