HomeMy Public PortalAbout2008_12_09
COUNCIL MEETING
December 9, 2008
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: David S. Butler, Thomas S. Dunn, II, Katie Sheldon
Hammier, Ken Reid, Kevin Wright and Mayor Kristen Umstattd.
Council Members Absent: None
Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Town
Attorney Jeanette Irby, Director of Public Works Tom Mason, Director of Finance
Norm Butts, Assistant Director of Capital Projects Management Renee Lafollette,
Comprehensive Planner David Fuller, Director of Plan Review William Ackman, Senior
Planner Irish Grandfield, Deputy Director of Planning Brian Boucher, Senior Planner
Lee Phillips, and Clerk of Council Lee Ann Green
AGENDA
1. Call to Order
ITEMS
2. Salute to the Flag was led by the Loudoun County High School Girls
Volleyball Team
3. Invocation was lead by Council Member Reid
4. Roll Call showing Vice Mayor Hammier arrived at 7: 55 p.m.
5. Minutes
a. Work Session Minutes of November 10, 2008
On a motion by Council Member Butler, seconded by Council Member
Dunn, the minutes were passed 6-0-1 (Hammier absent).
b. Regular Session Minutes of November 25, 2008
On a motion by Council Member Reid, seconded by Council Member
Butler, the minutes were passed 6-0-1 (Hammier absent).
6. Adopting the Meeting Agenda (Amendments and Deletions)
On a motion by Council Member Wright, seconded by Council Member Butler,
the meeting agenda as presented was adopted 6-0-1 (Hammier absent)
7. Presentations
a. Resolution of Respect - Dewey Hill. The previously approved
Resolution of Respect was presented to Mr. Hill's widow and daughter.
b. Kelly Burk - Leesburg District Supervisor. Supervisor Burk discussed
the terms of flying the County flag at Town Hall as a result of the 2008
Turkey Bowl Championship win by the Loudoun County Building and
Development team.
c. Certificates of Recognition - Loudoun Countv Hiqh School Girls
Volleyball. State Champions
On a motion by Council Member Reid, seconded by Council Member
Dunn, Certficates of Recognition were presented to the following members of
Town Council Meeting of December 9, 2008
Page 2
the Loudoun County High School Girls Volleyball team in recognition of their
second State Championship:
Jenna Strange
Emily Vandegrift
Kerry Sarver
Rochelle Latka
Sammy Dormio
Rachel Arigo
Juliane Hanna
Paige Sigmon
Hannah Arnold
Kathleen Horvath
Shaylin O'Connell
Katie Martin
Katie Gloe
Robin Marsala
Coaches:
Jenica Matthias
Courtney Wilhelm
Jarod Brown
Shannon Nicholson
8. PETITIONERS
The Petitioners section was opened at 7:47 p.m.
Debra Dever, Loudoun Community Health Center, stated the Health Center
was created to address the health needs of the working poor in Loudoun County.
She stated 39 percent of their patients reside in Leesburg. She stated without the
support of Inova Loudoun, they would be unable to provide these services to the
medically underserved of Loudoun County.
Jennifer Montgomery, Executive Director, Loudoun Free Clinic, stated they
have seen an increase in the number of patients seen. She stated all of the patients
are Loudoun residents and 50% of them are Leesburg residents. She stated last
year for every dollar the Free Clinic spent, they provided approximately six dollars of
health care services due to their extraordinary ability to partner with Inova Loudoun
Hospital. She thanked the Council for their grant which was used to purchase
medication. She urged the Council to reconsider eliminating the funding in the next
fiscal year.
Randy Ashcraft, 20561 Woodcock Court, stated he is speaking for the
uninsured, underserved citizens. He stated the Loudoun Free Clinic and the Loudoun
Community Health Center are safety nets for the community. He stated the health,
safety and welfare of all citizens is our responsibility. He asked Council to rescind
the decision to eliminate funding for these organizations.
Marni Frazee, 120 Dalhart Drive, S.E., stated she moved to Leesburg in 1992.
She discussed the distances between other Inova facilities from Reston Hospital and
the fact that all facilities are thriving despite their proximity.
Tracey White, HCA, 20619 Coppersmith Drive, Ashburn, stated BRMC will
offer the community choice and more access to medical care. She stated this is a
county land use decision. She stated the citizens deserve the opportunity to chose
Inova Loudoun or Broadlands Regional Medical Center. She stated Loudoun County
deserves the economic advantages of this additional hospital.
Martha Calihan, M.D.. 116-Q Edwards Ferry Road, stated she does not believe
a hospital at Broadlands is necessary for the citizens of Leesburg. She stated neither
hospital will be large enough to offer higher medical services. She stated the
Comprehensive Plan shows a hospital on the Route 50 corridor.
Town Council Meeting of December 9, 2008
Page 3
Edward Puccio, MD, Commonwealth Emergency Physicians, he stated HCA
does not represent the ideal of charity. He stated he has been the medical director
of emergency services for Inova Loudoun for a number of years. He stated they
evaluate every patient regardless of the patient's ability to pay. He stated stated
HCA uses a policy called "triage out". He stated Federal law requires every hospital
to screen for emergency condition. He stated HCA's triage out policy requires those
who cannot pay to be sent to other facilities.
Randy Kelley, CEO of Inova Loudoun, stated BRMC will harm the medical
services for Loudoun and Leesburg. He stated independent financial analysis has
demonstrated that BRMC will cause a loss of over $35 million per year.
Jack Cook, M.D. 329 Loudoun Street, S.W., stated he is a physician who has
been in practice for 27 years in Leesburg. He stated he is opposed to Broadlands.
He stated as currently proffered, Broadlands cannot comply with the standard of care
for medicine because they do not have a helicopter. He stated the state cannot tell a
hospital where to put a hospital. He stated HCA got permission to move the hospital
out here, but because they proffered to close excess beds in eastern Fairfax and
there was need for more beds in Loudoun County. He stated the need exists in a
less financially profitable area of Loudoun County.
Joan Rokus, 413 Tudor Court, N.E., stated she is for Broadlands Regional
Medical Center. She stated the Loudoun County Planning staff and the Planning
Commission have given their approval to the facility. She stated the County will
have $4 million in annual tax money plus additional jobs. She stated with all the
growth in Leesburg and Loudoun County, we need an additional facility.
Valerie Bideganeta, president of the Heritage High School PTSO, spoke
regarding the traffic light issue on Evergreen Mill Road. She stated at afternoon
dismissal time, traffic on Evergreen Mill Road is at a standstill. She stated the
earliest a light can be installed is February 2010. She reported the current SRO at
Heritage High School, Officer Bolden, is doing an excellent job. She stated the
community interaction the students was a very important aspect of the job that
would not be possible with a Sheriff's deputy.
Council Member Reid requested a conversation with the Sheriff's Department
and the Police Department regarding traffic direction.
Ed Fleminq, 224 N. King Street, stated Broadlands Medical Center is not the
Town's business. He stated there are more crucial issues for the Council to work on.
He stated we should not be dependent on a single service provider.
Milt Herd, 303 Riding Trail Court, corrected the previous statement that the
BRMC application is in conformance with the County plan. He stated the language in
the plan specifically focused the hospital on the Route 50 corridor.
No name given, stated the economic development benefits of the new
hospital for the County would be great. She stated competition would be good for
Inova. She stated she hoped HCA would take over the emergency room at Cornwall
if Inova closes it.
Town Council Meeting of December 9, 2008
Page 4
Sandv Kane. 815 Kenneth Place, stated she and her husband support the
addition of medical services in Loudoun County. She stated it would be
presumptuous of this Council to weigh in on this decision.
Bill Harrison stated he has resided in the Town for the past eight years. He
stated he wants to see Cornwall thrive. He stated he is not opposed to HCA to go on
Route 50, but it is wrong to put it in our backyard.
Bruce Dewar,S Memorial Drive, asked Council to not take a position on this
tonight. He stated the Council does not have the information to make a decision.
The Petitioners section was closed at 8:45 p.m.
Council Member Reid made a motion, seconded by Council Member Wright to
bring the INOVA item up out of order.
There being no supermajority of Council, the agenda continues as adopted.
9. ADOPTION OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member
Wright, the following consent items were proposed:
a. Authorizing the Town Manager to Sign a New Contract to Continue the
ESI Program within the Town of Leesburq
RESOLUTION 2008-182
Re-Authorizing the Agreement Between the Town of Leesburg and the
Engineers and Surveyors Institute (ESI) to Continue the Leesburg ESI
Prog ra m
b. Approving a Supplemental Appropriation of $2,063 to the FY 2009
Budqet Resulting from Funds Not Expended for the Community
Development Block Grant (CDBG) in the Previous Fiscal Year
RESOLUTION 2008-183
Approving a Supplemental Appropriation of $2,063 to the FY 2009
Budget Resulting from Funds Not Expended for the Community
Development Block Grant (CDBG) in the Previous Fiscal Year
c. Authorizinq a Dominion Virginia Power Right-of-Way/Easement at Ida
Lee Pa rk
RESOLUTION 2008-184
Authorizing a Dominion Virginia Power Right-of-WayjEasement at Ida
Lee Park
d. Authorizing an Agreement and Approving a Performance Guarantee
and Water and Sewer Extension Permits for Sycolin Corner
RESOLUTION 2008-185
Authorizing an Agreement and Approving a Performance Guarantee
and Water and Sewer Extension Permits for Sycolin Corner
Town Council Meeting of December 9, 2008
Page 5
e. Kincaid Farm Barn - Agreement with Northern Virginia Regional Park
Authority
RESOLUTION 2008-186
Declaring the Barns at the Utility Maintenance Division Site as Surplus
Property and Authorizing the Donation of the Barn Materials to the
Northern Virginia Regional Park Authority
f. Makinq a Reduction of the Performance Guarantee for Public
Improvements Installed in Oaklawn Commercial MUC5
RESOLUTION 2008-187
Making a Reduction of the Performance Guarantee for Public
Improvements Installed in Oaklawn Commercial MUC5
g. Implementation of Enhanced VRS Benefit for Section 138 Covered
Employees (Public Safety Employees)
RESOLUTION 2008-189
Authorizing the Implementation of the Retirement Multiplier for Section
138 Covered Employees (LEOS)
h. Supplemental Appropriation for $314,560 ($6,291 local funds) for
Construction of the South Apron Expansion, Phase I Capital
Improvements Project
RESOLUTION 2008-191
Supplemental Appropriation for $314,560 for Construction of the South
Apron Expansion, Phase I Capital Improvements Project
i. Initiating the Tree Ordinance
RESOLUTION 2008-192
Initiating Amendments to the Leesburg Town Code, Zoning Ordinance
and the Design and Construction Standards Manual to Establish Tree
Ordinances to Further Protect, Enhance and Maintain the Town's Tree
Canopy
j. Extending the Holiday Schedule to Include January 2, 2009
RESOLUTION 2008-193
Extending the Town of Leesburg Holiday Schedule to Include January
2, 2009; and Granting the Town Manager the Authority to Approve
Additional Holiday Time for the town of Leesburg to be Consistent with
the Commonwealth of Virginia and the County of Loudoun
The motion was approved by the following vote
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
10. PUBLIC HEARINGS
Town Council Meeting of December 9, 2008
Page 6
a. TLZM 2008-0002 Spring Arbor Rezoning
Both Spring Arbor public hearings were opened concurrently at 8:53
p.m.
Council Member Wright noted for the record that his daughter attends
Loudoun Country Day School. He stated he has no financial interest in this
project.
Irish Grandfield stated the property currently has five buildings and
several trailers on site. He stated the extant farm house has been
substantially altered as offices for Loudoun Country Day School. He stated
the current proposal is to remove all structures from the site. He stated there
is a vegetative buffer on the site. He stated the Town Plan shows low density
residential on this property. He stated the proposed assisted living facility
reduces the number of entrances on Fairview Drive from three to two. He
stated the proposal includes 73 parking spaces, although only 54 are required
under the zoning ordinance. He stated landscaped berms are included on the
sides where substantial vegetation does not exist.
Mr. Grandfield noted there are four modifications requested. He stated
the first to the Planned Residential Neighborhood standards which require two
acres of public recreation area for every 100 units. He stated for this type of
use considering the average age of the resident, two acres of parkland are
not necessary. He stated the second Zoning Ordinance modification to
employee parking makes sense rather than pushing the employee parking to
the sides of the property closer to the residential neighbors. The third
modification regards loading spaces. He stated the standard number of
loading spaces for a facility of this size is two. He stated an assisted living
facility has a smaller demand for loading space. The fourth Zoning Ordinance
modification requires 20% of the parking area to be grass paver block. The
applicant has asked for a modification of this to require no grass paver block.
He stated staff has negotiated with the applicant for other water quality
improvements including filteras to offset some of the requirement for grass
paver block.
Mr. Grandfield stated the rezoning and the special exception meet
zoning ordinance criteria. He stated the Planning Commission discussed the
possibility of preservation of the farm house; however, it did not meet with
the applicant's plans. The applicant has agreed to offer the farm house for
relocation. He stated there have been revisions to the proffers since Planning
Commission review. He stated additional proffers requiring upkeep of
landscaping on the berms, provision of a community liaison during the
construction phase, and advertisement for potential sale and removal of the
farm house have been added. He stated staff is recommending removal of
two conditions of Planning Commission approval including
photodocumentation of the farm house. He stated the detailed architectural
survey of the farm house contains photo documentation. He stated the
special exception condition on preservation of the farm house is not as
detailed as the proffer offered by the applicant. He stated staff recommends
approval of the rezoning and then the special exception subject to the
conditions as presented.
Town Council Meeting of December 9. 2008
Page 7
Mayor Umstattd questioned whether the applicant had proffered out
any use of the property other than an assisted living facility. Mr. Grandfield
confirmed this proffer has been offered by the applicant.
Council Member Dunn stated this is a good use for the site, relieves
the need for schools and reduces transportation needs. He stated it would be
nice to see if an abbreviated use of the form based code could be used. He
stated we need to look at a scaled down version of parking requirements to
encourage use of other forms of transportation.
Council Member Reid questioned the moving of the 19th century farm
house.
Mr. Grandfield stated the applicant will advertise it as available. He
stated there will be a period of 60 days for removal. He confirmed it does not
qualify for the National Historic Register. He stated it is more than 100 years
old, but the modifications and setting are completely different from the
historical context.
Council Member Reid noted if the structure was located in the H-l, it
would require preservation.
Mr. John McGranahan, attorney for the applicant, HHHunt. He stated
HHHunt Corporation is the developer and operator of 23 assisted living
facilities in the southeastern United States. He stated community outreach
was remarkable. He stated there were several community meetings held with
the neighborhood before any submissions were made. He stated the ideas
from the meetings were incorporated into submission. He stated a website
facilited the dialog and gave the neighborhood access to the plans.
Mr. McGranahan stated the emergency access is required around the
entire facility. He noted the emergency access will be paved with a pervious
surface and water quality issues will be addressed using Filtera. He stated
specific features from other areas of the Town will be used in this facility. He
stated the fa<;ade material details have been proffered. He stated the
assisted living facility is the only permitted use as proffered. He stated there
is a significant reduction in peak hour traffic over the current use. He stated
the applicant is committed to burying the power lines along this property. He
stated there is a net positive fiscal impact to the Town and the property will
be open to community for meetings.
Council Member Reid questioned whether the road improvement
proffer can be used for sidewalks.
Brian Boucher stated money like this can be used for sidewalks. The
applicant accepted and approved that use.
Council Member Reid questioned whether the Arborist would be
consulted on the trees to ensure they survive.
Mr. Boucher confirmed the Arborist would be consulted.
Town Council Meeting of December 9, 2008
Page 8
Randy Minchew, 330 West Market Street, stated he supported these
applications. He stated he serves as general counsel to the Board of Trustees
of Loudoun Country Day School. He stated Loudoun Country Day has owned
this property for a number of years. He stated an R-4 rezoning would have
been compatible with the neighborhood; however, the Board of Trustees was
looking for something different. He stated they felt the applicant, HHHunt,
would be a good partner. He noted the demographic of the facility will be
mostly females over 60 years of age, and there is a high incidence of
community service in that demographic group which will benefit the Town.
Milt Herd, 303 Riding Trail Court, stated he lives along the southern
boundary of the property. He stated the applicant has been very open and
receptive to the comments of the community. He stated this is a logical use
for the site. He stated for the record, he has three points. He stated he is
concerned about noise along the southern edge. He asked for reasonable
sound protection, i.e. a masonry wall. He stated he is concerned about the
brightness level of the lighting. He is concerned the light poles may be too
high. He stated he appreciated Council Member Dunn's comment that the
site is overparked, particularly when taking street parking into consideration.
He stated some of the southern parking could be eliminated.
The public hearings were closed at 9:25 p.m.
On a motion by Council Member Martinez, seconded by Council
Member Wright, the following was proposed:
ORDINANCE 2008-0-025
Approving Application TLZM 2008-0002 Spring Arbor Assisted Living
Residence
Council Member Wright applauded the applicant on their community
outreach. He stated this application compliments the community, does not
generate school aged children, but still generates BPOL funds.
Vice Mayor Hammier concurred. She stated she appreciated how
proactive the applicant was with community outreach. She thanked Loudoun
Country Day School for being a good citizen to the Town.
Council Member Reid stated he is sorry to see Loudoun County Day
leaving Leesburg, but thanked them for finding a good use for this property.
Council Member Martinez also echoed those sentiments.
Mayor Umstattd stated she appreciates the proffering out of other uses
and the community outreach.
The motion was approved by the following vote
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
b. TLSE 2008-0010 Sprinq Arbor Special Exception
Town Council Meeting of December 9, 2008
Page 9
This public hearing was heard concurrently with TLZM 2008-0002
Spring Arbor Rezoning
On a motion by Council Member Martinez, seconded by Council
Member Butler, the following was proposed:
RESOLUTION 2008-194
Approving Special Exception TLSE 2008-0010 Spring Arbor to Permit
an Assisted Living Residence in the Planned Residential Neighborhood
District
The motion was approved by the following vote
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
c. Revisinq the Desiqn and Construction Standards Manual (DCSM) of the
Town of Leesburg by Amending Article 5 (Storm Drainage) and
Appendix A (Construction Standards)
The public hearing was opened at 9:30 p.m.
Bill Ackman stated this proposed revision has been vetted through
many groups. He stated the State required water quality improvements
through the DCSM. He stated this revision defines major and minor storm
systems, updates the manual to be consistent with Federal, State and local
criteria and adds direction and flexibility for a number of issues. He reviewed
a number of the revisions. He stated this is phase I of Chapter 5.
Council Member Wright stated there was concern about placing undue
responsibility for adequacy of the stormwater management system in older
sections of Town on the property owner.
Mr. Ackman stated language regarding adequate outfall was taken
directly from the state code. He stated the amount of water leaving the
property post development cannot be more than the amount of water leaving
the property predevelopment.
Council Member Butler stated there are a lot of "shalls" that were
translated to "should".
Mr. Ackman stated the "shalls" are state requirements.
Council Member Butler stated it seems like there is a lot more optional
requirements and the Director is given more flexibility.
Mr. Ackman stated they were trying to have more flexibility in order to
work out solutions. He stated "should" allows more flexibility to work out
solutions that are acceptable to both parties.
Town Council Meeting of December 9, 2008
Page 10
Council Member Butler stated flexibility is generally good, but is
concerned unreasonable applicants may put Council in an unfortunate
position.
Council Member Reid asked for reassurance on the issue of planting of
dryponds.
Mr. Ackman stated that will be covered in the next set of changes to
Section 5. He stated they would begin work on it after the beginning of the
year.
Council Member Reid stated this will result in a less onerous
development process. He stated he hopes there will be flexibility in the
process.
Mayor Umstattd stated she wanted to make sure nothing in these
changes would make it more likely that an existing homeowner ends up with
a flooded basement.
Mr. Ackman stated there is a requirement if the overland relief does
not have at least a foot of freeboard, then an as-built is required to ensure
there is no flood risk.
Mayor Umstattd stated she appreciates staff's efforts to protect
property owners.
Kevin Murray, President of Tri-Tek Engineering and Coach of ESI's
Technical Issues Committee, complimented Mr. Ackman and Town staff on
this process. He stated they did a very good job of keeping the private sector
consulting firms up to date on the document. He stated he is glad there will
be opportunities for further improvement in the process.
Neeley Law stated phase 2 is where we can make substantial
improvements in the way the Town deals with stormwater. She stated she
hopes to see more drypond plantings in the future. She stated even with the
current revisions, the common practice of using rip rap severely diminishes
the natural resources of streams. She stated rip rap is used to reduce the
erosive effect of stormwater on stream, but vegetation can be used as well.
She stated it needs to be eliminated as an option by use of better site
planning techniques to reduce the impervious surfaces.
Council Member Reid concurred with Ms. Law and suggested the next
chapter rewritten in the DCSM concern the use of rip rap and allow the
planning of trees in dry ponds.
The public hearing was closed at 9: 53 p.m.
On a motion by Council Member Martinez, seconded by Council
Member Wright, the following was proposed:
ORDINANCE 2008-0-026
Town Council Meeting of December 9, 2008
Page 11
To Revise Article 5 (Storm Drainage) and Appendix A (Construction
Standards) of the Design and Construction Standards Manual (DCSM)
of the Town of Leesburg, Virginia, 2003, as Amended
Council Member Butler stated he supports Ms. Law and Council
Member Reid's comments and would like to see these issues addressed in the
next phase of revisions.
The motion was approved by the following vote
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
d. TLTA 2008-0004 Town Plan Amendments to Reclassify Land
Immediately East of Olde Izaak Walton Park
The public hearing was opened at 9: 54 p.m.
David Fuller stated the properties are immediately east of Olde Izaak
Walton Park immediately north of the bypass. He stated these properties are
currently zoned B-3, R-6, and PRC. He stated the properties could be
developed under the current zoning with the exception of the PRC properties,
which are remnants of the Oaklawn project separated from the rest of
Oaklawn by the Dulles Greenway/Bypass. He stated there are three changes
to policy maps and one text change. He stated this proposed amendment has
been reviewed by the EAC and the EDC.
Council Member Reid questioned whether this designation would
change anything to allow Mr. Fontaine's property to be developed.
Mr. Fuller stated that would require a rezoning, but would be easier to
achieve if this designation was removed.
Charles Treadwell stated Town staff was very cooperative in their
efforts to inform him on this subject. He stated he is representing 1,127
people who are the residents of five communities that are directly impacted
by these changes. Mr. Treadwell stated he is shocked by how little the
residents know about these changes. He asked Council to look at parallel
situations in Gatlinburg, Tennessee and Jacksonville, Florida. He asked
Council to protect the quality of life in this Town.
Celie Manual. 676 Gateway Drive, stated she was curious whether
nearby property owners must be notified about Town Plan amendments.
Mayor Umstattd stated the law only requires adjacent property owners
be notified.
Jeanette Irby stated this amendment has been advertised several
times in the newspaper.
Town Council Meeting of December 9, 2008
Page 12
Ms. Manual stated she was concerned nothing was mailed to the
property owners. She said the neighbors have been told a developer is
coming in and wants some of their property.
Ms. Irby stated this is a Town Plan amendment to make the Plan
conform with the underlying zoning.
Mayor Umstattd questioned whether there is any urgency to vote on
this tonight.
Ms. Irby stated she is not aware of any urgency with regards to this
Town Plan amendment.
Vice Mayor Hammier stated she encourages Town staff to be more
proactive to Ms. Manual's point and requested deferring the vote.
Ms. Irby stated the public hearing does not have to be kept open, but
the vote can be deferred.
Susan Berry Hill stated this is a Town Plan amendment, not a
rezoning, so written notification to adjacent property owners is not required
by State Code.
Council Member Wright stated this highlights why we are doing this.
Council Member Dunn confirmed the Town Plan designation would not
change a by-right development. He stated if it is not by-right, it would
require a rezoning.
Vice Mayor Hammier made a motion to table this issue.
Council Member Wright noted there was no motion to table. He
questioned whether Ms. Manuel receives the Loudoun Times Mirror. She
stated she does.
Mr. Treadwell stated no one reads the newspaper anymore.
The public hearing was closed at 10:30 p.m. Mayor Umstattd noted
there is a petitioners section at regular Council meetings where citizens can
speak on any subject.
Council Member Dunn made a motion to postpone the decision on this
subject until the second meeting in January. The motion was seconded by
Council Member Butler.
The motion to postpone passed by the following vote
Aye: Butler, Dunn, Hammier, Reid, Wright and Mayor
Umstattd
Nay: Martinez
Vote: 6-1
e. TLSE 2008-0005 Gibson Street Elderly Housing Special Exception
Town Council Meetinq of December 9, 2008
Page 13
The public hearing was opened at 10:32 p.m.
Lee Phillips summarized the application by PR Construction for 19 age
restricted living units on the south side of Gibson Street. He stated this
property is designated Downtown on the Town Plan and is zoned Medical-
Hospital Center District. He stated the proposed project is compatible with
the diversity of the surrounding uses. He stated the applicant is asking for a
buffer yard and screening modification and would like to use a fence to meet
the screening requirement in a reduced buffer yard. He stated the fence
would go around the rear of the site, except for the emergency access from
the Gibson Street parking lot.
The applicant, Paul Reimers, stated this will increase the number of
people living near the historic district. He stated it will be less than 100 yards
from the newly approved Senior Center.
Council Member Reid questioned whether there were comments from
the Urban Forester.
Mr. Reimers stated he had no comments. He stated the white pines
need removed.
Council Member Reid questioned whether a tree preservation
ordinance would compel the applicant to save the trees.
Mr. Phillips stated we could encourage, but not compel. He added
credits could be given for preservation.
Vice Mayor Hammier stated she appreciates Mr. Reimers' investment
in the Town.
Mr. Reimers stated they pushed the building back 40 feet from the
street, but there is no provision in the current ordinance to waive the front
yard setback. He stated it would look better closer to the street.
The public hearing was closed at 10:45 p.m.
On a motion by Vice Mayor Hammier, seconded by Council Member
Wright, the following was proposed:
RESOLUTION 2008-195
Approving Special Exception TLSE 2008-0005 Gibson Street Elderly
Housing to Permit an Age Restricted Residential Facility in the Medical-
Hospital Center District
The motion was approved by the following vote
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
11. ORDINANCES
a. None
Town Council Meeting of December 9, 2008
Page 14
12. RESOLUTIONS
a. Awarding the Dry Mill Road, Wage Drive, Anne Street Drainage
Construction Contract
On a motion by Council Member Dunn, seconded by Council Member
Wrig ht, the following was proposed:
RESOLUTION 2008-188
Awarding the Dry Mill/Anne Drainage Improvements Project
Construction Contract
Council Member Dunn questioned why this project needs funding,
since it was funded previously.
Renee Lafollette stated the funding was in a previous fiscal year and
once the fiscal year had passed without utilizing the funding, the funding
reverts back to the Capital Fund.
The motion was approved by the following vote
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
b. Loudoun Street Development
On a motion by Council Member Wright, seconded by Vice Mayor
Hammier, the following motion was proposed:
MOTION
Directing staff to coordinate a meeting with representatives that
submitted the unsolicited proposal for 6-12 West Loudoun Street and
those in support of the development of a park at that site. No more
than 1-2 individuals from each group are to meet with staff and a
PPEA/architectural design expert (at a cost not to exceed $2,500). A
report is due back to the Town Council at the first meeting in January.
Council Member Dunn questioned why the amount has increased to
$2,500.
Mr. Wells stated the staff report shows $2,500, but he may have
misspoke during his presentation.
The motion was approved by the following vote
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
c. Boards and Commissions Budget Requests
On a motion by Council Member Butler, seconded by Council Member
Reid, the following was proposed:
RESOLUTION 2008-190
Town Council Meeting of December 9, 2008
Page 15
Approving the Transfer of Funds Budgeted in the Town Council's FY
2009 Adopted Operating Budget for Project Initiatives Submitted by
Town Boards and Commissions
Council Member Dunn questioned why the Town pays the Town to
have a booth at the Flower and Garden Show.
Mr. Wells stated this is full reporting of costs/income showing what
income would be if booth space was rented.
The motion was approved by the following vote
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
13. OLD BUSINESS
None
14. NEW BUSINESS FOR ACTION
a. Support for Cornwall Campus
Council Member Martinez made a motion to accept Council Member
Butler's proposed resolution. Council Member Butler seconded the motion.
Council Member Wright made a motion to table this resolution to give
the Council the opportunity to consider Council Member Reid's resolution. This
motion to table was seconded by Council Member Reid.
The motion to table was approved by the following vote
Aye: Butler, Dunn, Reid, and Wright
Nay: Hammier, Martinez and Mayor Umstattd
Vote: 4-3
Council Member Reid made the following motion to accept the
following resolution:
RESOLUTION 2008-196
Supporting the INOVA Cornwall Emergency Room and INOVA Loudoun
Expansion Plans
The motion was seconded by Council Member Butler.
Vice Mayor Hammier made a motion to strike the "therefore resolved"
regarding traffic issues as she did not feel it is relevant at this point.
Council Member Reid suggested keeping the support for the Cornwall
Campus, but striking only the portion regarding traffic issues. Vice Mayor
Hammier accepted this and Council Member Butler agreed.
Council Member Dunn made a friendly amendment to strike the last
paragraph.
Town Council Meetinq of December 9, 2008
Page 16
Council Member Reid and Council Member Butler did not accept this as
a friendly amendment.
Council Member Dunn proposed his amendment as a motion. The
motion died for lack of a second.
Council Member Dunn made a motion to divide the question, i.e.
dividing the last paragraph. The motion to divide the question died for lack of
a second.
Council Member Dunn stated he is concerned about this resolution. He
stated the Council took a position on this a month ago. He stated at that
time, he felt this is a County issue, not a Town issue and at the time the
majority Council concurred.
Mayor Umstattd stated this resolution supports INOVA Cornwall
Emergency Room, but does not have to do specifically with Broadlands
Regional Medical Center.
Council Member Reid stated he agrees in theory with Council Member
Dunn, but unfortunately a majority of Council wants to take a position. He
stated his resolution is asking the Board of Supervisors to take their own
Countywide Healthcare Facilities Plan into consideration. He stated we are
not getting into the BRMC or zoning application.
Council Member Dunn stated we made a decision to stay out of the
issue.
Mayor Umstattd stated the Council cannot take a formal position
without a vote.
Council Member Dunn stated this is not the first time the Council has
changed their position. He stated this Council represents the entire Town, not
just activists for those who come to speak before Council.
Council Member Martinez stated the Council Members are activists for
the Town citizens. He stated the Council has been elected to take a position
on issues. He stated it is the responsibility of Council to be activists for the
Town when something threatens it. He stated there are seven different
opinions on Council to ensure not just one agenda is being followed. He
stated if the County takes a stand on something that may be detrimental to
the Town of Leesburg, he will take a stand based on what he thinks is right
for the Town.
Council Member Wright stated while there are many differing positions
on this subject, the one commonality is everyone supports healthcare in
Loudoun County. He stated the Cornwall Campus is a great resource for the
Town and Council Member Reid's resolution makes it clear that the Town of
Leesburg values the Cornwall medical facility and asks the Board of
Supervisors to weigh that in their decision. He stated whether HCA does or
does not construct their hospital at Broadlands is something that Council
cannot control, so Council needs to work with INOVA in ways it can control to
ensure the continued operation of the Cornwall Campus.
Town Council Meeting of December 9, 2008
Page 17
Council Member Dunn stated this is only an opinion we can send up to
the Board of Supervisors. He stated he feels it is not the responsibility of the
Council to do the bidding of one business over another.
Vice Mayor Hammier thanked everyone for passionately representing
their viewpoints. She stated we are weighing in on a County zoning issue.
She stated this is a rather unique situation given the burdensome regulations
at state level regarding where they locate. She stated it is important for the
Council to move forward strongly since the state may not allow INOVA to
invest money in expanding Cornwall Campus since beds have been approved
just down the road. She stated it is important to support INOVA because
they have been good partners with the Town. She stated we do many things
focused on lobbying even though we have very little authority.
Council Member Reid thanked Council Member Martinez for his
statesmanship and institutional memory. He stated the Council has voted on
various things that do not affect the Town of Leesburg.
Council Member Dunn stated we have asked the County to limit
housing in expansion areas, but we have turned around and approved
additional units. He stated the Town is hypocritical.
Mayor Umstattd stated Council Member Reid's resolution is a good
resolution; however, it does not go nearly far enough. She stated not fully
supporting INOVAs position on BRMC will lead to the destruction of medical
services in Leesburg.
The motion was approved by the following vote
Aye: Butler, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: Dunn
Vote: 6-1
Mayor Umstattd made a motion to pass the following resolution:
Requesting the Loudoun County Board of Supervisors to affirm support for the
Countywide Healthcare Facilities Plan and to deny the project application for a
regional medical center in the Broadlands area.
WHEREAS, the Loudoun County Planning Commission has narrowly
recommended approval subject to the proffer statement and conditions of an
application to develop a regional medical center in Broadlands along the
southeastern quadrant of the Dulles Greenway and Belmont Ridge Road in
close proximity to two existing medical facilities, Leesburg's Cornwall Street
Medical Center and the Lansdowne Campus of INOVA Loudoun; and
WHEREAS, the Loudoun Board of Supervisors may consider the project
application as early as January 2009; and
WHEREAS, approval of the BRMC project, which is not on the Route 50
corridor would contravene and be in violation of the Countywide Healthcare
Facilities Policies adopted in the 2005 Loudoun County Revised General Plan,
Town Council Meeting of December 9, 2008
Page 18
especially those policies in support of expanded healthcare in Leesburg and in
the Route 50 corridor; and
WHEREAS, the Countywide Healthcare Facilities Policies provide that
the Cornwall Emergency Facility located in Leesburg presently serves as a
much needed receiving facility for EMS ambulances and residents in Western
Loudoun, the County encourages the reestablishment of a full service facility
at the Cornwall Campus. The County will encourage continued use and
development of the Cornwall Campus; and
WHEREAS, the proposed BRMC will not facilitate or promote the
continued use and development of the Cornwall Campus in Leesburg and will
place the facilities located at Cornwall at risk of closure; and
WHEREAS, the Cornwall Campus provides the residents of Leesburg
and Western Loudoun vital healthcare services and facilities that promote the
health and welfare of the citizens while contributing to the economic vitality of
the Town of Leesburg, to wit:
1. There are 525 individuals currently employed on the Cornwall
Campus;
2. The completion of expansion plans of Cornwall Campus could
generate an additional 300 jobs at the facility;
3. The 100,000 square foot medical office building on the Cornwall
Campus currently has more than 64 medical providers and is
owned by and was built by the physicians at their expense and
reliance on the Comprehensive Plan for healthcare adopted by the
County in 2005, which plan identified Leesburg as an important
location for medical services;
4. The medical office building on the Cornwall Campus and the
medical offices it encompasses generate real property taxes,
personal property taxes and BPOL taxes to the Town of Leesburg;
5. More than $2.3 million in charity care annually is provided to
patients on the Cornwall Campus including free space, services and
direct financial support to the Loudoun Community Health Center,
the Loudoun Free Clinic, Loudoun Cares, and the Loudoun Child
Advocacy Center, all of which are located on the Cornwall Campus.
The Loudoun Community Health Center and the Loudoun Free
Clinic will provide over 9,000 visits this year to individuals that do
not have access to healthcare.
WHEREAS, the Town of Leesburg supports the efforts of INOVA
Loudoun at the Cornwall Campus and their continued improvements to and
enhancements of medical care for the residents of Leesburg and Western
Loudoun; and
WHEREAS, the Town of Leesburg is greatly concerned with the
proposed location of the Broadlands Regional Medical Center due to its close
proximity to the medical center at the Cornwall Campus and the Lansdowne
Campus of INOVA Loudoun; and
WHEREAS, the proximity of the Broadlands site to the INOVA
Lansdowne Campus will likely negatively impact the economic vitality of the
Town Council Meeting of December 9, 2008
Page 19
Cornwall Campus as a successful business partner in the Leesburg and
Loudoun community.
THEREFORE, RESOLVED by the Town of Leesburg in Virginia as
follows:
The Town of Leesburg requests that the Loudoun County Board of
Supervisors:
1. Affirm their support of the Countywide Healthcare Facilities Plan;
and
2. Deny the project application for a regional medical center in the
Broadlands area.
The motion was seconded by Council Member Martinez.
Council Member Butler stated the reason he voted to table his
resolution was because it was critical for the Town to support the Cornwall
Campus. He stated we have sent a message to the Board of Supervisors that
this is very important. He stated from his personal standpoint, the Council
has accomplished what is most important for the Town.
Council Member Wright stated we have already spoken clearly in
support of Cornwall. He noted it may not be easy for HCA to locate their
facilities on the Route 50 corridor due to the state COPN process.
Council Member Dunn stated we should not be endorsing businesses.
He stated he did not support the last resolution because of this. He stated he
definitely cannot support this resolution either. He stated the Council is not
the citizens' representative on the County Board. He stated there are three
supervisors on the County Board representing Leesburg citizens: Kurtz, Burk
and York.
The resolution did not pass on the following vote:
Aye: Hammier, Martinez, and Mayor Umstattd
Nay: Butler, Dunn, and Wright
Abstain: Reid
Vote: 3-3-1
Mayor Umstattd made a motion to take Council Member Butler's
resolution off the table. The motion was seconded by Council Member
Martinez.
The motion to take Council Member Butler's motion off the table failed
by the following vote:
Aye: Hammier, Martinez and Mayor Umstattd
Nay: Butler, Dunn, Reid and Wright
Vote: 3-4
15. NEW BUSINESS FOR CONSIDERATION AT A FUTURE MEETING
a. Council Member Reid asked that the Heritage High School traffic light
situation be discussed. He questioned when the CAFR will be seen by Council.
Town Council Meeting of December 9, 2008
Paqe 20
Mr. Wells stated the CAFR will be brought forth as soon as the auditor
is finished.
Council Member Reid questioned whether Council should give staff
direction as to whether they should work under the assumption of an
equalized tax rate.
Mayor Umstattd stated this is a subject for worksession discussion.
Council Member Reid questioned whether the Town should purchase
foreclosed properties for police workforce housing.
Council Member Martinez stated he would be supportive of that if there
was money available.
Council Member Wright stated he objects to this being placed on a
future agenda since he already knows the answer to whether this is possible
at this time. He stated the Heritage traffic light problem needs to be looked
at from the perspective that road should not have been left out of the Town.
b. Council Member Dunn asked for an update on the Form Based Code
and George Mason University negotiations.
c. Council Member Martinez stated Council needs to start looking at
Battlefield Parkway traffic impacts. He questioned whether the barber shop
signage problem had been resolved. He questioned whether there is a way to
let citizens know that court costs might exceed the cost of a ticket if the
citizen chooses to fight the ticket in court.
Ms. Irby stated it might be possible to print a warning on the back of
the ticket.
16. COUNCIL COMMENTS
Council Member Reid disclosed a phone call from Colleen Snow and Molly
Novotny of Cooley Godward, and Dave Donofrio of the Casey Group regarding HCA.
He stated the SRTC is studying how to spend their surplus funds. He stated they are
looking at Valley View Avenue and will have a report back to Council. He stated the
section of Battlefield Parkway between Tavistock and Kincaid is finally open. He
stated the free parking seems to be working. He admitted parking at a meter for
more than two hours and not receiving a ticket. He reminded everyone the fees on
the Toll Road will increase after January 1. He noted there is a Smart Tag rebate
program that citizens should take advantage of. He stated he enjoyed the Holiday
Parade. He requested making the parade earlier in the day so it would be warmer
and the children wouldn't be so cold.
Council Member Butler disclosed meeting with people from INOVA and people
from HCA. He commended Ms. Roberts for her speech at the Tree Lighting. He
stated the parade was a lot of fun. He wished everyone who is having a holiday
coming up the best. He wished everyone a happy new year. He gave Council
Member Reid a lighter as a Hannukah present so he would be able to light the
menorah at next year's Tree Lighting Ceremony.
Council Member Wright stated the Tree Lighting was very good. He disclosed
a meeting with Mike Banzhaf and others interested in the potential rezoning of the
Town Council Meetinq of December 9, 2008
Paqe 21
autopark. He stated he had meetings with HCA and representatives from INOVA.
He stated the Form Based Code Committee met and test cases are being run. He
stated a follow-up meeting is scheduled for January. He explained his question
regarding the newspaper. He stated he had previous reports that the paper was not
being delivered inside apartments and condos. He wished everyone happy Holidays.
Council Member Martinez suggested the parade and the tree lighting be held
on the same night. He noted his wife made the robes for the Three Wise Men on the
Knights of Columbus float. He thanked Chief Price for the presentations he made at
the worksession. He congratulated the Loudoun County Volleyball team for their
achievement. He disclosed a phone call with Rod Williams. He reminded everyone
of the employee holiday luncheon tomorrow. He wished everyone a merry
Christmas, happy Holidays and happy Hanukah.
Vice Mayor Hammier disclosed a call from Cooley Godward on December 1
and a follow-up with Dietrich Stephan on December 1 and a phone call with Jerry
Coughter. She disclosed an email exchange with James Rohrbaugh. She disclosed
attending the GMU open house at the Loudoun Campus and talking with Mark
Stavish. She thanked staff for the annual report. She stated she supports ordinance
changes to accommodate moving buildings up closer to the street as mentioned by
Paul Reimers. She stated the Tree Lighting ceremony was lovely and appreciated
the anonymous donor's contribution of the tree. She thanked staff for their hard
work throughout the year.
Council Member Dunn had no comments.
17. MAYOR'S COMMENTS
Mayor Umstattd disclosed speaking to Rod Williams regarding the hospital
issue. She thanked all members of Council for their attendance at the Tree Lighting
and the parade. She thanked the Francis Hazel Reid Elementary School choir and
the Loudoun County High School choir. She wished everyone a merry Christmas and
a safe and happy Holidays.
18. MANAGER'S COMMENTS
Mr. Wells reminded everyone of a neighborhood meeting with Dominion
Virginia Power on Wednesday, December 17 at the Loudoun County High School
Library. He stated they are in the process of mailing invitation letters to the
neighborhood. He stated there is information on foreclosure assistance in the
Council folders. He stated Leesburg can be included in a County request. He stated
Ida Lee will be hosting the employee luncheon tomorrow. He reminded Council of
the special meeting on December 18.
Mayor Umstattd questioned whether there would be a quorum for the special
meeting.
Mr. Wells stated he believes there will be a quorum and will send out a
reminder.
19. CLOSED SESSION
There were no Closed Sessions
20. ADJOURNMENT
Town Council Meetinq of December 9. 2008
Page 22
On a motion by Council Member Wright, seconded by Council Member
Martinez, the meeting was adjourned at 11:55 p.m.
4~0.~~
Kris C. U stattd, Mayor ~
Town of Leesburg
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2008_ TCMIN1209