HomeMy Public PortalAbout2008_03_25
COUNCIL MEETING
March 25, 2008
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Kathryn Sheldon Hammier, Susan Horne, Marty
Martinez, Ken Reid, David Schmidt, Kevin Wright, and Mayor Kristen Umstattd.
Council Members Absent: Council Member Wright arrived at 7:40 p.m.
Staff Present: Town Manager John Wells, Deputy Town Attorney Jeannette Irby,
Deputy Town Manager Kaj Dentler, Assistant to the Town Manager Kathy Leidich,
Assistant to the Town Manager Scott Parker, Director of Finance Norm Butts, Airport
Director Tim Deike, Director of Planning, Zoning and Development Susan Swift,
Senior Planner Chris Murphy, Zoning Administrator Brian Boucher, Recreation
Programs Manager Kate Trask, Economic Development Manager Marantha Edwards,
Senior Management Analyst Bob Berkey, Senior Management Analyst Annie Carlson,
Utility Lines Division Superintendent John Creamer, and Management Specialist/
Deputy Clerk of Council Debi Parry.
AGENDA
ITEMS
A. Invocation by Council Member Hammier
B. Salute to the Flag was led by Eagle Scouts Colin Chapman and Alexander
Stalnaker
C. Roll Call showing Council Member Wright absent.
D. Minutes
a. Regular Session Minutes of November 14, 2007
On a motion by Council Member Martinez, seconded by Vice Mayor
Horne, the minutes were passed 4-0-2-1 (Schmidt and Hammier abstaining;
Wright absent)
b. Work Session Minutes of January 7, 2008
On a motion by Council Member Hammier, seconded by Vice Mayor
Horne, the minutes were passed 6-0-1 (Wright absent)
c. Regular Session Minutes of March 11, 2008
On a motion by Council Member Martinez, seconded by Council
Member Hammier, the minutes were passed 6-0-1 (Wright absent)
E. Presentations
1. Certificate of Recognition - Achievement of rank of Eagle Scout
- Colin Chapman
On a motion by Council Member Martinez, seconded by Council
Member Hammier and approved by a 6-0-1 (Wright absent) vote, a Certificate
of Recognition was presented to Colin Chapman for earning the rank of Eagle
Scout and for demonstrating good citizenship and leadership in the
community through his efforts in repairing the gutter system and recreating
the funeral walk for the historic Saint James Episcopal Church.
2. Certificate of Recognition - Achievement of rank of Eagle Scout
- Alexander Stalnaker
Town Council Meeting of March 25, 2008
Page 2
On a motion by Vice Mayor Horne, seconded by Council Member
Martinez and approved by a 6-0-1 (Wright absent) vote, a Certificate of
Recognition was presented to Alexander Stalnaker for earning the rank of
Eagle Scout and for demonstrating good citizenship and leadership in the
community through his efforts in creating a trail providing hiker access to the
southern part of Banshee Reeks nature preserve thus increasing citizen
recreational and educational opportunities and fostering a better
understanding of regional plants and animals.
3. Certificate of Appreciation - Susan Swift
On a motion by Council Member Hammier, seconded by Council
Member Reid and approved by a 6-0-1 (Wright absent) vote, a Certificate of
Appreciation was presented to Susan Swift for her outstanding service and
dedication to the Leesburg Planning, Zoning and Development Department,
the Town of Leesburg, and its citizens, from July 2002 to March 2008.
4. Certificate of Appreciation - Sandy Wanless
On a motion by Vice Mayor Horne, seconded by Council Member Reid
and approved by a 6-0-1 (Wright absent) vote, a Certificate of Appreciation
was presented to Sandy Wanless for her outstanding service and dedication to
the Leesburg Clerk's Office, Parks and Recreation Department, Executive
Department, Town of Leesburg, and its citizens, from September 1985 to
March 2008.
5. Proclamation - Relay for Life
On a motion by Council Member Martinez, seconded by Council
Member Reid and approved by a 6-0-1 (Wright absent) vote, the following
Proclamation was presented to Betsy Creamer, Co-Chair Western Loudoun
Relay for Life:
PROCLAMATION
American Cancer Society's Relay for Life
May 31 - June L 2008
WHEREAS, in May 1985 Dr. Gordy Klatt, took the first step of his 24-
hour walk/run around a track in Tacoma, Washington and raised $27,000 to
support the American Cancer Society; and
WHEREAS, the following year, 220 supporters on 19 teams joined Dr.
Klatt in this overnight event, and the American Cancer Society Relay for Life
was born; and
WHEREAS, each of the more than 4,800 Relays nationwide is a fun-
filled, overnight event that mobilizes communities to celebrate survivors,
remember loved ones and raise money for the fight against cancer; and
WHEREAS, this event celebrates cancer survivors and their caretakers,
honors those lost to cancer, raises community awareness about prevention and
early detection, and offers support to persons living with cancer; and
WHEREAS, the national theme for Relay for Life is "Celebrate.
Remember. Fight Back!"; and
Town Council Meeting of March 25, 2008
Page 3
WHEREAS, the Western Loudoun Relay for Life is being held on May
31- June 1, 2008 at Heritage High School in the Town of Leesburg; and
WHEREAS, since 2000 the Western Loudoun Relay for Life has raised
over $1,080,000 to aid in the fight against cancer.
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia
hereby congratulate the organizers and participants of our local Relay for Life
and urge the citizens of the Town of Leesburg to support the American Cancer
Society.
PROCLAIMED this 25th day of March 2008.
6. Resolution of Appreciation - REHAU North American
Headquarters
On a motion by Council Member Hammier, seconded by Council
Member Martinez and approved by a 7-0 vote, the following Resolution of
Appreciation was presented to REHAU:
A RESOLUTION: A TESTIMONY TO REHAU NORTH AMERICAN
HEADQUARTERS, AN OUTSTANDING
EMPLOYER AND COMMUNITY PARTNER
WHEREAS, REHAU, based in Germany established its North American
headquarters in Leesburg Virginia in 1979; and
WHEREAS, globally the company generates continuous growth with
more than 15,000 employees in more than 170 worldwide locations; and
WHEREAS, REHAU's North American headquarters is one of
Leesburg's largest private sector employers under the direction of Dr.
Kathleen Saylor and provides a variety of jobs in the areas of; engineering,
marketing, finance, IT/IS, operations, chemistry, supply chain management,
and training and development; and
WHEREAS, they have generously provided major sponsorships to
Leesburg Fall Into the Arts, the annual Flower and Garden Festival and
Leadership Loudoun; and
WHEREAS, REHAU was the 2007 winner of Leesburg's Opportunity
Award, an award designed to celebrate a Leesburg business that creates jobs
and opportunity for people to live, work and play in our community; and
WHEREAS, REHAU and the George C. Marshall Center at Dodona
Manor share the common vision of an international connection to Germany
and the work of George C. Marshall; and
WHEREAS, Loudoun Literacy Council, and the Rotary Club have been
recipients of REHAU's generosity, while ECHO has been provided office space
by the company for more than five years; and
Town Council Meeting of March 25, 2008
Page 4
WHEREAS, the Leesburg community would like to salute the
innovation and leadership of REHAU; and
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia as follows:
REHAU North American Headquarters is one of Leesburg's premier
businesses and community partners.
PASSED this 25th day of March 2008
F. Petitioners
The petitioners section was opened at 7:54 p.m.
Becky Fleming, Daughters of the Confederacy, asked Council to
consider funding for the 100th celebration of the confederate soldier statue on
the Court House Lawn. She outlined the planned celebration and restoration
efforts.
Stacy Jacobus, 430 W. Market Street, addressed Council asking
permission to use the Council Chambers for her wedding on June 28 in the
event of rain.
On a motion by Council Member Martinez, seconded by Council
Member Hammier, the rules of order were suspended by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright, and
Mayor Umstattd
Nay None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Council
Member Hammier, the following motion was proposed:
MOTION
Authorizing Stacy Jacobus to use the Town Council Chamber on June
28, 2008
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright, and Mayor
Umstattd
Nay: None
Vote: 7-0
Milt Herd. Bluemont Concert Series, read the following letter into the
record:
"We need your help to rectify a matter of concern to both Bluemont
and the Town of Leesburg. We have learned that the Town has reduced
Bluemont's FY2008 local appropriation from $15,000 to $8,200, a 45%
reduction from the previous year's funding levels. This reduction is
apparently part of the Town's new 'Suggested Guidelines for Community
Agency Donations' where Bluemont is now classified as a 'Tourism Product.'
Town Council Meetinq of March 25, 2008
Paqe 5
The Economic Development Map for Leesburg adopted by the Leesburg
Economic Development Commission and the Town Council in Spring 2007
serves as the overall vision/direction for the Town's economic development
initiatives. The 'Map' identifies arts and entertainment as major components
for the Town's destination planning and marketing for the future. Also, the
Town's Downtown Market Study (December 2007 specifically supports the
need for arts and entertainment.
Bluemont has been a major purveyor of arts and entertainment in this
community since 1982, brining hundreds of thousands of friends, families,
and visitors to Leesburg over 27 years. Please review the remarkable
Summary of Bluemont Cultural Programs in Leesburg 1982-2008. During this
time, Bluemont's programs have supported the Town's evolving economic
development efforts by helping build the cultural spirit of our community with
high quality cultural programs for families, schools, and healthcare facilities in
Leesburg and the surrounding communities.
In recognition of this 27-year partnership, we would like to present the
following request at an upcoming March workshop meeting, that the Leesburg
Town Council:
1) Revise Bluemont's new classification as a "Tourism
Product" to encourage the continuation of the Town's participation in
this successful community arts partnership, perhaps through creative
cooperation and planning with the appropriate committee of the
Leesburg Economic Development Commission;
2) Approve a supplemental appropriation of $6,800 to reinstate full
requested FY 2008 local funding ($15,000) for Bluemont programs in
Leesburg; and
3) Support Bluemont's FY2009 request for funding at the established
partnership level ($15,000 local monies). We urge you to make
similar adjustments to reinstate full FY2008 local funding for the First
Night Leesburg Project as well.
We ask this in recognition of Bluemont's 27 consecutive years of
successful service and stable partnership here in Leesburg, in recognition of
the quality of life, community-building nature of Bluemont programs, and in
recognition of the practical difficulty of adjusting to this unexpected funding
reduction announced only weeks before our 2007 summer season was to
begin."
Mr. Herd also read into the record the following letter from Leesburg
Economic Development Commission Chairman Ara Bagdasarian:
"Last year Council adopted the Economic Development Map for
Leesburg which outlines three major visions. The three components are to
have a Customer Service Focus, Leverage Emerging Growth Opportunities,
and becoming a Destination for Arts, Entertainment and Dining.
These visions are intended to serve as beacons to guide decisions that
impact the future of the Town.
Town Council Meeting of March 25, 2008
Page 6
These visions are intended to be the guideposts that impact policy,
capital projects, economic development, amenities, and funding. Without the
establishment of a vision it is impossible to make sound decisions today that
will serve as steps in realizing this vision for the future.
The Town unanimously adopted the beacon to be a Destination for
Arts, Entertainment and Dining. With this beacon establishing clarity for the
future of the Town, there are efforts underway today to move closer to this
realization. Public and private efforts such as the Performing Arts Center Task
Force, the Downtown Improvement Association, the creation of a Tourism
Zone with an emphasis on entertainment and dining are all movements
towards realizing this vision.
The Bluemont Concerts represent a tradition of community
entertainment through music, education, and performing arts. They also
represent a key facet in the success of the next chapter of the Town of
Leesburg.
I am urging the Council to maintain the level of support for the
Bluemont Concert Series for the FY 2009 budget. The Bluemont Concert
Series will only increase in its economic development value as we move closer
to the beacon and the return on investment will be measured both in revenue
as well as quality of life."
Tom Bowman. Rotary Assistant District Governor, stated both of the
Leesburg Rotary clubs give tens of thousands of dollars to Leesburg charities
every year. He stated Rotary is one of the first American service
organizations and their goals are fighting poverty and hunger, promoting
literacy, good will, and peace. Further, he stated they are an international
organization with 32,000 clubs around the world and two million members.
James Rohrbauqh. President, Leesburg Daybreak Rotary Club, he
stated annually Rotary distributes over $32,000 in scholarships in Loudoun
County between the two clubs. He stated in partnership with the Historic
District Resident's Association Rotary initially sponsored and continues to lead
the annual Fourth of July parade. He stated between the two clubs they
annually distribute over $70,000 to local organizations and thanked Council
for joining the Rotary members as the new swing set was dedicated at Rotary
Park. Further, he stated Rotary provided $2,000 to support the restoration
and installation of the Gen. George C. Marshall Statue and outlined several
other efforts.
Phil Rusciolelli, President, Rotary Club of Leesburg, stated the Rotary
Club of Leesburg was founded in 1927. He highlighted more good work done
by the Rotary including former Council Member George Atwell's trip overseas
where he delivered polio vaccine to India. He asked that the civic signs at the
entrances to Town be replaced. He stated the Rotary sign is seen in
communities allover the State and it is important to let visitors know that we
are a Rotary Town.
Town Council Meeting of March 25, 2008
Page 7
Mayor Umstattd thanked Mr. Bowman, Mr. Rohrbaugh, and Mr.
Rusciolelli for their comments. She stated Vice Mayor Horne has been
working to find funding to restore the signs.
Vice Mayor Horne stated the Rotary Clubs have been strong supporters
of Keep Leesburg Beautiful.
Council Member Reid expressed appreciation for the request to restore
the signs stating he has wondered why the community organizations have not
pressed the issue. He stated a link to a community organization webpage will
be displayed on the proposed special event banners; however, the banners
are too expensive, they will tear, and Council will not be going forward with
that contract. Further, he stated after the budget discussions he would like
Council to look into the possibility of restoring the service organization signs
and asked Mr. Bowman, Mr. Rohrbaugh, and Mr. Rusciolelli to spread the
word to other community organizations.
The petitioner's section was closed at 8:21 p.m.
G. Public Hearing
1. Special Exception TLSE 2007-0005 Offices at Georgetown Park LLC
The publiC hearing was opened at 8:21 p.m.
Brian Boucher stated the applicant is seeking special exception
approval to permit a private parking structure with 99 parking spaces at 218
Wirt Street. He stated the Planning Commission recommended conditional
approval of this application on February 7 and stated staff also recommends
conditional approval. He stated the property is designated as Flood Plain and
the applicant would have to get FEMA to remove that designation before the
site plan could be approved. Further, he outlined the proposed improvements
to the site and the conditions recommended by the Planning Commission and
staff.
Vice Mayor Horne asked if the power lines could be placed
underground.
Mr. Boucher stated that could be discussed with the applicant;
however, right now they are just preparing to relocate the lines.
Council Member Hammier asked why the application was delayed four
months with the Board of Architectural Review.
Mr. Boucher stated staff wanted to get applications to the BAR before
Council approval for a recommendation; however, the BAR actually took
formal action on the application. He stated the applicant was concerned and
appealed the decision to Council and staff reviewed the issue with the Town
Attorney and determined that the process was flawed and the applicant
should not have gone to the BAR. Further, he stated the applicant will need
BAR approval upon approval by Council of the special exception.
Vice Mayor Horne stated we have discussed positioning the Town to
work with developers to begin to place the utility lines underground. She
asked if it is pOSSible in this case.
Town Council Meeting of March 25. 2008
Page 8
Mr. Boucher stated the applicant can address their willingness to place
the lines underground.
Council Member Martinez stated he has the same concerns with the
power lines.
Council Member Hammier asked about the economic impact of the
project.
Mr. Boucher stated the economic impact is positive. He stated the
building has to be approved by the BAR, but currently it is 52,000 square
feet.
Council Member Hammier asked Mr. Boucher to address the first floor
retail issue.
Mr. Boucher stated the applicant felt there were impracticalities in the
building and design that would not allow the retail component to fit. He
stated there is a retail component in the other part of the project they are
proposing.
Council Member Reid asked if the utilities could be rerouted rather
than placed underground to remove the poles from the front of the building.
Mr. Boucher stated the applicant will need to address that issue.
Council Member Reid stated the BAR has not reviewed this application
and verified the project would not have to come back to Council for a special
exception amendment unless the square footage is increased. He stated the
applicant is proffering $36,000 for a portion of a future traffic signal and
asked if staff feels the traffic signal is warranted and if the remaining cost of
the traffic signal will be proffered with their other application.
Mr. Boucher stated the proffer is worded that the $36,000 could be
used towards the traffic signal or another traffic project in the Town.
Council Member Reid stated he spoke to the applicant last year
regarding the possibility of installing a round-about in that intersection to
facilitate traffic flow; however, it seems there is not adequate footprint on the
pa rce I.
Colleen Gillis Snow, attorney for the applicant, addressed Council. She
stated she has worked with staff over the last few months and is very pleased
to have received a recommendation of approval from staff and the Planning
Commission. Ms. Snow outlined the project and stated the applicant hopes
to revitalize this portion of the downtown by adding the parking garage
amenity. She discussed the improvements to Wirt Street and stated based on
preliminary numbers, undergrounding the utilities would triple the cost of
moving the utility poles. Further, she suggested that the Town undertake
their undgrounding efforts in larger pieces and stated the $36,000 proffered
for the traffic light could be applied to an undergrounding project.
Town Council Meeting of March 25, 2008
Page 9
Council Member Schmidt stated this project will be a wonderful
addition to this area. He asked if the applicant would be able to facilitate the
requested archeological dig on the site prior to construction.
Ms. Snow stated she has been working with Dr. Clark of the Loudoun
Archeological Foundation to get information from him on the scope of his
work and how long the process would take. She stated Dr. Clark is still in
need of some materials and resources including a Bobcat. Further, she stated
she is not sure he has all of the necessary insurance required by the
applicant's lender.
Council Member Schmidt stated he was surprised by the estimated
cost for undergrounding the utilities and asked staff to look into the issue.
Vice Mayor Horne stated she is very pleased with the design and the
underground parking. She stated she would like to pursue the feasibility of at
least installing conduit for future undergrounding of the utilities.
Ms. Snow stated all of the lines on their side of Wirt Street will be
placed underground and it is only the utility poles on the Town's property that
will remain above ground.
Council Member Martinez stated he had asked the applicant to present
their plans to the Economic Development Commission who has endorsed their
application.
Council Member Hammier asked the outcome of the applicant's
meeting with the Loudoun Arts Council.
Ms. Snow stated that meeting was more pertinent to their other
project. She stated the meeting was very positive and she hopes they will
speak in favor of that application at the public hearing.
Council Member Hammier verified the applicant proposes to begin
construction once the site plan is approved. Further, she asked the applicant
to minimize traffic impediments during construction given this is a major
thoroughfare.
Council Member Wright stated the undergrounding issue was discussed
during the Planning Commission public hearing and they were told that
placing a small portion underground and creating an "up/down" scenario
would cause additional issues regarding reliability. Further, he stated if we
are already moving the poles he would like to explore the possibility of laying
the conduit under the line.
Council Member Reid asked if rerouting the lines is an option.
Ms. Snow stated she would have to discuss that option with her team;
however, that may create issues for the owners of the Joshua Chamberlin
Building.
Council Member Reid stated he would support Vice Mayor Horne's
request to have conduit installed or to have the applicant work with staff to
Town Council Meeting of March 25, 2008
Paqe 10
address the feasibility of rerouting the lines to reduce the number of poles on
Wirt Street.
Mayor Umstattd asked if a conduit condition is legal in this situation.
Ms. Irby stated she would like to address the issue with staff since the
applicant is willing to consider it as part of their overall plan.
Ms. Snow stated she has not had the opportunity to address this with
her client. She stated they will be in the Town for a while and it is her hope
that a resolution could be reached on this application this evening.
Vice Mayor Horne stated she is not requesting a specific condition;
rather, she is asking that the applicant examine the feasibility of laying the
conduit.
Mr. Boucher stated if the applicant agrees to do this he would rather
have a letter from them stating their agreement than add this as a condition.
Council Member Reid asked if a green roof could be considered for this
project.
Ms. Snow stated the applicant can not commit to a green roof as the
final design has not been approved by the BAR. She stated they have shown
a commitment to green building design. Further, she stated when the power
poles are moved the two power poles will be condensed to one.
Virginia McGuire, Environmental Advisory Commission, stated the EAC
is meeting with the applicant on Friday. She stated there is a lot of potential
on that site given the proximity to Town Branch and thanked Council Member
Reid for suggesting the possibility of a green roof.
Neely Law, Environmental Advisory Commission, stated one of the
objectives of the EAC and the Watershed Committee is looking at low impact
development techniques at future development sites and working with
developers to do so. Further, she stated it is important to look at how
landscaping and storm water management can work together on a particular
site given the scale and space constraints on these urban sites.
The public hearing was closed at 9: 14 p.m.
On a motion by Council Member Martinez, seconded by Council
Member Hammier, the following resolution was proposed:
RESOLUTION 2008-49
Approving Special Exception TLSE 2007-0005 Offices at Georgetown
Park LLC to permit a private structured parking facility at the northeast
quadrant of Wirt Street and South Street
Council Member Hammier stated this is a turning point and she is
excited about the investment in downtown Leesburg and the opportunity to
allow existing businesses to stay and grow and to bring new businesses in as
an anchor for the Crescent District. Further, she thanked the applicant for
Town Council Meetinq of March 25, 2008
Page 11
their efforts to work with Dr. Clark and the incorporation of green elements in
the building.
Council Member Wright stated thanked staff, the BAR and the Planning
Commission stating this was a long road and everyone came up with solutions
and we have gotten to a result that is a good first step for redevelopment in
this area. Further, he stated he is looking forward to continuing working with
Waterford Development.
Council Member Reid thanked the applicant for their investment in
Leesburg and stated he is looking forward to reviewing their other proposal.
He urged the applicant not to discount the possibility of retail or a restaurant
on this site.
Mayor Umstattd stated it wasn't long ago that Council was under
pressure to build another parking structure at taxpayer expense and she is
appreciative that it is being constructed at the private sector's expense.
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and
Mayor Umstattd
Nay: None
Vote: 7-0
2. Special Exception TLSE 2007-0011 All God's Children Daycare Center
The public hearing was opened at 9: 19 p.m.
Chris Murphy stated the applicant is seeking to amend conditions of
Special Exception 2002-02 to permit children up to age 12 at the child care
facility. He stated no other changes are requested. He stated the Planning
Commission and staff recommend approval of the application with conditions.
Further, he outlined the site location on the southwest corner of the
intersection of Davis Avenue and Valley View Drive.
Council Member Schmidt asked if staff considered safety concerns
raised by the neighbors relating to the gate opening on Valley View Avenue.
Mr. Murphy stated the concerns have been brought to staff's attention.
He stated the day care center has been in operation for over a year now and
there have been no incidents requiring police or other services. He stated
staff has not heard concerns other than from the one neighbor. Further, he
outlined the location of the gate entrance in question and stated upon
opening the center, the applicant was required to provide curb, gutter and
sidewalk which has greatly improved the safety situation.
Council Member Schmidt stated the concern was not just the arrival
and departure, rather there was also concern that older children may be able
to open the gate.
Mr. Murphy stated unless children are in the outdoor play area the
access points are controlled. In the outdoor play area a child would have to
open the play area gate to then gain access to the gate on Valley View
Avenue and there are adults who will be monitoring the outdoor area.
Town Council Meeting of March 25, 2008
Paqe 12
The applicant had no presentation.
Elaine Eliezer, 105F Davis Avenue, expressed concern for the safety of
the children stating there have been accidents along Valley View Avenue. She
urged Council not to wait until a kid is hurt running along Valley View Avenue.
She stated the parents sometimes follow behind and a week ago she
observed two children in the front yard with no adult. Further, she said during
the original special exception hearing it was discussed that the children would
be dropped off in the rear and would access the building from the
handicapped entrance on the other side; however, the applicant has not
enforced this.
Paul Supan, 105F Davis Avenue, stated his office is across from the
daycare center and accidents frequently occur on Davis Avenue and Valley
View Drive. He stated this is an unsafe area and the applicant needs to be
brought into conformance with what was required in the original special
exception. Further, he stated the Town needs to enforce these regulations.
Mayor Umstattd stated the Town legally can not put age limits on the
children who will be using the daycare facility. She stated we are looking at a
limited question and she is not sure what the Council is legally able to add on.
Ms. Irby stated Council is able to add reasonable restrictions regarding
health, safety and welfare of these children during ingress and egress.
Patricia Bennett, applicant, stated she did have an entrance on Davis
Avenue and staff asked that the entrance be closed off and moved to its
current location. Further, she stated the children are tightly enclosed in their
play area and there have been no noise complaints.
Council Member Reid verified Ms. Bennett has not had a child open the
gate before.
The public hearing closed at 9:49 p.m.
On a motion by Council Member Reid, seconded by Vice Mayor Horne,
the following resolution was proposed:
RESOLUTION 2008-50
Approving Special Exception TLSE 2007-0011 All God's Children
Daycare Center which seeks to amend the conditions of Special
Exception SE-2002-02 to permit children up to age 12 at the facility
Council Member Schmidt stated he was on Council when this was
originally brought forward and voted in favor of the application; however, he
is not completely satisfied that the issues of safety and security have been
addressed. Further, he stated he would not want to rush this application
through and can not support it tonight.
Vice Mayor Horne stated her biggest concern is the issue of people
stopping where the no parking sign is posted. She suggested that the Town
require the parents to park and walk their children to one of the entrances.
Town Council Meeting of March 25, 2008
Page 13
Council Member Hammer stated she is torn by the concern of the
neighbors yet this should be self regulatory by the parents.
Ms. Irby stated Ms. Bennett was precluded from using the Davis Street
entrance by staff and has followed what she was asked to do.
Mayor Umstattd stated if we are allowing more dangerous conditions in
Town then it is hard to require a stricter environment here. She stated this is
a self regulatory issue.
There was further discussion regarding the reasonableness of further
regulations on this site.
Council Member Schmidt verified the conditions of the previous special
exception did not specify how parents or children should enter the site. He
expressed concern with the height of the fence at 3.5 feet and asked if that is
regulated by the State.
Ms. Bennett stated the height of the fence was set by Council. She
stated it is mandatory that parents sign in the children and there has not
been an issue with people parking at the curb.
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: Schmidt
Vote: 6-1
3. Budqet Public Hearing
The public hearing opened at 10: 18 p.m.
Mayor Umstattd stated she would like to make brief statements on
behalf of two individuals who where in attendance but had to leave. She
stated David Weiss, Loudoun County Volunteer Rescue Squad stated the
rescue squad supports the proposed budget and the amount dedicated to
them. She stated Mr. Jones with the Prince Hall Free Masons also extended
his appreciation for the funding that has been proposed in the budget.
Greg Harp, Loudoun Convention and Visitor's Association, stated the
LCVA develops and implements programs in Leesburg and Loudoun County to
attract visitors and in 2007 those efforts generated direct visitor spending of
$54.6 million county-wide. He stated for the Town of Leesburg, LCVA
generated 24 group bookings which generated $1. 7 million in direct visitor
spending and provided services for 4,522 visitors in the Town Hall visitor's
center that generated just over $3 million in direct visitor spending. Further,
He stated this contributed to a net tax relief per household of $158.92 and
urged Council to fund their requested amount.
Council Member Reid asked how the $100,000 contribution from the
Town is allocated.
Mr. Harp stated their budget is divided up by class so a percentage of
the overall budget is dedicated to Leesburg, Loudoun County or Middleburg.
Town Council Meeting of March 25, 2008
Page 14
Council Member Reid asked if the LCVA is raising their membership
dues.
Mr. Harp stated they are not increasing their membership dues as they
were last increased either last year or the year before from $145 to $300.
Council Member Reid verified their lease expires in 2009 and asked if
they are considering moving to the Historic District.
Mr. Harp stated they are in the initial stages of discussions with the
Loudoun County Chamber of Commerce and County Economic Development
to look at combining services and what works best for each group. He stated
returning to the Historic District is an option.
Mary Beth Mohr, Commission on Public Art, stated the Commission has
requested $40,000 which is not in the recommended budget. She stated
$15,000 of the funding would be earmarked to be used as matching funds in
the development of the Public Art Master Plan and the Public Art Process
Development. She stated the remaining funds would be used to fulfill the
Council's request that Leesburg be billed as a vibrant place and cultural
center.
Noel Brown, Small Business Development Center, urged Council to
reinstate the full $15,000 requested for this year. He stated the SBDC
mission is to assist and educate new and existing small businesses in increase
their opportunity for entrepreneurial success. Further, he stated 42% of their
training courses were held in Leesburg.
Council Member Hammier asked Mr. Brown to email Council the
percentage of Leesburg businesses and residents that benefited from the
SBDC's services.
Liz Whiting, Loudoun Museum/SRTC, first addressed Council as
Chairman of the SRTC stating she was very pleased to see continued funding
in the proposed budget. She stated they will give first priority to
improvements on the ground.
Ms. Whiting addressed Council on behalf of the Loudoun Museum
thanking Council for the level of funding in the proposed budget. She stated
they are reprogramming every cent they can to partner with the Town to get
the museum building reopened on Loudoun Street.
Council Member Reid asked why the situation with the squirrels
occurred in the museum and how that was allowed to happen.
Mr. Wells stated a study is being commissioned and is due back soon
regarding the repairs that will be required for the facility.
Keith Wauchope, Dodona Manor, thanked Council for their support in
the past. He stated the funding was used for landscaping and upgrades to
the website. He stated this year their request for $12,250 will be used to
restore the tree canopy at Dodona Manor.
Town Council Meeting of March 25. 2008
Page 15
Bonnie Inman, Loudoun Interfaith Relief, stated her group operates a
food pantry on Miller Drive for families in Loudoun County and also offers life
skills training and provides food to other charities in Loudoun. She stated
41 % of her families live in the Town of Leesburg.
Council Member Martinez asked what would happen if Loudoun
Interfaith Relief did not exist.
Ms. Inman stated there are smaller food pantries in the County;
however, they do not have the resources to help the number of families that
Loudoun Interfaith Relief helps.
Council Member Reid asked if the increase in people seeking help is
due to the economy.
Ms. Inman stated this is absolutely a result of the economy. She
stated at the end of February they had served 27,232 individuals which was
almost the number served for all of last fiscal year.
Council Member Hammier asked what level of support Ms. Inman is
anticipating from Loudoun County.
Ms. Inman stated as of last week Loudoun County did not plan to
provide funds this year. She stated they had never requested County funds
before and because they were a new request this year they were not
permitted to continue to seek funding. She stated she had heard that may be
reconsidered.
Council Member Hammier asked how much funding was requested
from the County.
Ms. Inman stated they requested $21,000 in funding.
Vice Mayor Horne encouraged the community to hold food drives.
Sandy Kane, 815 Kenneth Place, asked Council to support funding for
the Public Art Commission. She expressed support for funding for Thomas
Balch Library and Loudoun Museum. Further, she addressed Council Member
Wright's questions regarding donation money for the dog park stating there
have been no donations forthcoming because the Town has not made a
commitment.
Jennifer Montgomery, Loudoun Free Clinic, stated Loudoun County has
between 25,000 and 30,000 uninsured residents. She stated 71 % of the
individuals served by the Loudoun Free Clinic are working uninsured
individuals. Further, she stated the nurses and doctors volunteer their time
to see patients.
Council Member Martinez verified the majority of volunteer doctors live
in Leesburg or Loudoun County.
Town Council Meetinq of March 25. 2008
Page 16
Virginia McGuire, Environmental Advisory Commission, she asked
Council to provide continued support for environmental efforts stating these
are not luxury expenses. Further, she stated the Watershed Committee has
requested that Council fund an additional staff position to coordinate
watershed protection in the Town and to seek grant funds for programs to
improve the environment.
Neely Law, Leesburg Watershed Committee, concurred with Ms.
McGuire's comments. She stated the Committee presented seven short term
recommendations in December to maintain and restore the quality of our
watershed. Further, she outlined the Watershed Committee's efforts and
asked Council to fund the Environmental Coordinator position in the FY09
budget.
Richard Koochagian, 212 Loudoun Street, addressed Council regarding
citizen's concerns with the proposed fire station expansion on Loudoun Street.
He stated the citizens feel that economic considerations have been at the
heart of this matter and asked Council to consider 1) the lack of information
citizens have on this situation from a planning and financial perspective, 2)
the lack of communication between the Town, Loudoun County, and the Fire
Department, and 3) the lack of operational funding. Further, he stated the
fire department is not asking Loudoun County for their fair share of funding
and the Town is complicit in that act because they continually grant funds to
the fire department with no oversight.
Gerry Shamla, Environmental Advisory Commission, stated he is very
proud to have Ms. McGuire and Ms. Law leading the EAC. He stated it is
important to invest $1 now to prevent problems rather than $10 to fix
problems later. Further, he urged Council to set aside a revenue stream to
prepare for the environmental regulations that will continue to grow as the
Town grows.
The public hearing closed at 11:21 p.m.
H. Legislation
ORDINANCES
None
CONSENT AGENDA
REGULAR AGENDA
4. Request for funding - Confederate Soldier Statue 100th
Anniversary
On a motion by Vice Mayor Horne, seconded by Council Member
Schmidt, the following resolution was proposed:
MOTION
Authorizing funding in the amount of $1,000 for the Confederate
Soldier Statue 100th Anniversary
Council Member Wright asked how much of this contribution is hard
Town Council Meeting of March 25, 2008
Page 17
dollars versus soft dollars. He stated we traditionally assess a fee so will the
$1,000 go somewhere else, or will the money be used to offset a portion of
the fees.
Ms. Irby stated she would rather that the $1,000 be hard dollars
towards the event as she would like everyone who applies for a special events
permit to be treated the same.
Kate Trask stated Ms. Fleming has requested that all four streets be
closed for this event to allow for a respectful and safe ceremony. She stated
the cost for that is $1,550. Further, she stated the cost could be reduced by
$500 if the support team is available.
Council Member Hammier verified the cost is to fund overtime for
employees who would not normally be working that weekend.
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Wright abstaining)
5. Making an Appointment to the Planning Commission
On a motion by Council Member Martinez, seconded by Vice Mayor
Horne, the following resolution was proposed:
RESOLUTION 2008-51
Making an appointment to the Planning Commission - Doris Kidder
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Schmidt, Wright, and
Mayor Umstattd
Nay: None
Vote: 6-0-1 (Reid absent)
6. Immigration Coalition
On a motion by Council Member Reid, seconded by Council Member
Schmidt, the following resolution was proposed:
RESOLUTION
Authorizing the Town of Leesburg's participation and appointment of
Town representatives to the Coalition on Illegal Immigration
Council Member Wright stated he is more comfortable with the efforts
the Town is making and the efforts of the Virginia Municipal League that are
focused and have a lower level of hype.
Vice Mayor Horne stated she could not support this effort as there are
other groups that will come forward with more of a broad based perspective.
The motion failed by the following vote:
Aye: Reid and Schmidt
Nay: Hammier, Horne, Martinez, Wright, and Mayor Umstattd
Vote: 2-5
Town Council Meeting of March 25, 2008
Page 18
7. Ritz Camera Contract
On a motion by Vice Mayor Horne, seconded by Council Member
Martinez, the following resolution was proposed:
RESOLUTION 2008-52
Authorizing the Mayor to sign the Ritz Camera Contract
Council Member Wright verified that by allowing Ritz Camera to sell
fuel we will maintain compliance with all other agreements.
Council Member Reid expressed concern with the length of the
contract. He stated he is concerned about voting for this without seeing the
contract.
Mr. Deike stated the lease will expire with their hanger lease.
Ms. Irby stated this was a bid process and we agreed to the terms in
advance.
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright, and
Mayor Umstattd
Nay: None
Vote: 7-0
I. BOARDS AND COMMISSIONS
1. Airport Commission
Vice Mayor Horne stated the south apron expansion ground breaking is
scheduled for Saturday. She stated she missed the regular commission
meeting in March because she was attending a Council budget work session.
2. Thomas Balch Library Commission
No report.
3. Board of Architectural Review
Council Member Reid stated the BAR has approved the Chevy Chase
Bank application. He stated they have also adopted guidelines for the Village
at Leesburg. He stated Kettler is the only developer so far which has taken
up Ms. Swift on her offer to develop guidelines that all the tenants would
adhere to thereby eliminating the need for BAR review, per tenant.
4. Cable Television Advisory Commission
Council Member Hammier report the PEG subcommittee is making a lot
of progress. She stated the next committee meeting is April 3 at 4:00.
5. Commission on Public Art
No report.
6. Economic Development Commission
No report.
7. Environmental Advisory Commission
Town Council Meetinq of March 25, 2008
Page 19
Council Member Hammier stated the Commission is holding a strategic
retreat this weekend at the airport.
Vice Mayor Horne stated she sent an email to Virginia McGuire asking
that the EAC make Keep Leesburg Beautiful part of their work plan.
8. Information Technology Commission
No report.
9. Parks and Recreation Commission
Council Member Wright stated he briefed the Commission on Council's
discussion regarding Izaak Walton Park. He stated the general consensus of
the Commission was that they were not aware of the cost issues and asked
that the funding be left in place for the upcoming fiscal year and have a
broader discussion in the next budget cycle.
10. Planning Commission
No report.
11. Tree Commission
Council Member Reid stated a Girl Scout troop attended the last Tree
Commission meeting. He stated they will assist the Commission in passing
out trees at the Flower and Garden Festival to earn points towards their
service medal. Further, he stated the $50,000 a year for the trees in our CIP
is primarily for Battlefield Parkway.
12. Standing Residential Traffic Committee
Council Member Reid stated there was no quorum for the last meeting.
J. OLD BUSINESS
There was no discussion of the following items:
1. Parking Summit
2. Loudoun Street Development Options Follow-up
a. Survey
b. Community meeting
3. Joint BOS/Council Meeting
4. Future Plans for Cangiano Tract
5. Town Code Amendment - noise related issues
6. KOVAR Recognition (April 8)
K. NEW BUSINESS (FOR CONSIDERATION TONIGHT)
The followi ng items were deferred:
1. Board and Commission Liaisons Discussion
MOTION
Directing Staff to Advertise a Public Hearing on Amending the
Leesburg Town Code with relation to Councilmanic Liaisons
RESOLUTION
Defining Councilmanic Liaison Responsibilities
Town Council Meeting of March 25, 2008
Page 20
L. COUNCIL COMMENTS
Council Member Schmidt stated the Rotary organizations do tremendous work
for the Town and thanked them for attending the meeting. He stated the service
organizations do wonderful work and he hopes Council will review each of the
requests. He expressed concern that a large mix of organizations have been thrown
into the strict formula and he would not be opposed to looking at individual
situations as the budget discussions continue. He extended his best wishes to
Sandy Wanless and Susan Swift.
Vice Mayor Horne extended her best wishes to Sandy Wanless and Susan
Swift. She stated she had the opportunity to attend the LCVA awards luncheon and
congratulated Tuscarora Mill for their two award winners. She also congratulated the
other Leesburg award winners including Karen Jones who was given the Judy
Patterson Tourism Award. She stated she met with her appointed commissioners
who expressed their feelings that the Council liaison position is very valuable;
however, they do not feel that attendance is a major issue. Further, she asked that
Mr. Wells provide an update on the Izaak Walton lease discussion.
Council Member Martinez disclosed a meeting with Waterford Development.
He stated he attended the NAACP forum on race relations stating it was enjoyable.
He congratulated all award winners of the LCVA awards. Further, he extended his
best wishes to Sandy Wanless and Susan Swift.
Council Member Hammier congratulated Karen Jones on her award. She
thanked all of the speakers who attended tonight's meeting. She stated she
supports looking at items where Council can urge the County to fund organizations
such as Loudoun Interfaith Relief and other organizations of that nature. She stated
the issues raised regarding the fire department are important and states she would
like to see detailed financial reports from the fire department given the significant
investment this Town has made. She expressed her appreciation for the discussion
of environmental issues and thanked the Clerk's office for allowing her to receive her
Council agenda packet in a paperless form. She asked that items be placed on the
agenda regarding the Town's requirements for parking and the diamond interchange
meeting with VDOT and Beauregard sidewalk issues. Further, she extended her
best wishes to Sandy Wanless and Susan Swift.
Council Member Wriqht thanked Susan Swift and Sandy Wanless for their
service to the Town. He commented on the budget discussions stating Council was
able to start below the equalized rate; however, that does not lessen the
responsibility to make sure all taxpayer dollars and being spent wisely. He
congratulated all of the LCVA award winners. Further, he stated he is glad to see that
Council Members are slowly moving towards the electronic agenda packets.
Council Member Reid disclosed a meeting with Sunrise to discuss their
assisted living proposal on East Market Street. Further, he stated he also met with
representatives of Waterford Development on both of their projects. He extended
his best wishes to Sandy Wanless and Susan Swift. He stated he was disappointed
with the lack of support on the resolution to join the immigration coalition stating
this sends the wrong message to the community. He stated the economy is the
number one issue and expressed his hope that Council would support a reduction in
the tax rate to 17 cents.
Town Council Meeting of March 25, 2008
Page 21
M. MAYOR'S COMMENTS
Mayor Umstattd expressed support for Council Member Hammier's request for
financial statements from the fire department. She disclosed meeting with
representatives from Virginia Commerce Bank who stressed how beneficial it is to
them to have a concurrent process. She expressed her congratulations to Karen
Jones and extended her best wishes to Sandy Wanless and Susan Swift.
Council Member Martinez extended his congratulations to Mary Frye, Tara
Edmondson and Brenda Norton.
N. MANAGER'S COMMENTS
Mr. Wells reminded Council of the budget work session scheduled for
Thursday, 7:00 p.m. at the airport. He thanked Susan Swift and Sandy Wanless for
their service to the Town. He stated members of the Town's Management Team are
reading the book The Fred Factor as part of the overall focus on customer service
and provided Council with a copy of the book. Further, he stated the annual report
has been completed and will be placed on the website.
O. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
meeting was adjourned at 12: 12 a.m., March 26, 2008.
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Town of Leesburg
ATTEST:
2008_ TCMIN0325