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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. ~L\~ "- ns en C. l:Jmstattd, Mayor ( Town of Leesburg