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HomeMy Public PortalAbout2009_tcmin0428 COUNCIL MEETING April 28, 2009 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: David S. Butler, Katie Sheldon Hammier, Marty Martinez, Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: Council Member Dunn arrived at 8: 10 p.m. Council Member Kenneth "Ken" Reid arrived at 8:18 p.m. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Public Works Tom Mason, Director of Parks and Recreation Rich Williams, Environmental Planner Irish Grandfield and Clerk of Council Lee Ann Green AGENDA 1. Call to Order ITEMS 2. Salute to the Flag Vice Mayor Hammier 3. Invocation was lead by Council Member Butler 4. Roll Call showing Council Member Dunn arriving at 8: 10 p.m. and Council Member Reid arriving at 8: 18 p.m. s. Minutes a. Work Session Minutes of April 13, 2009 On a motion by Council Member Martinez, seconded by Council Member Butler, the minutes were passed 5-0-2 (Dunn/Reid absent). b. Regular Session Minutes of April 14, 2009 On a motion by Council Member Wright, seconded by Council Member Butler, the minutes were passed 5-0-2 (Dunn/Reid absent). 6. Adopting the Meeting Agenda (Amendments and Deletions) On a motion by Council Member Wright, seconded by Council Member Butler, the meeting agenda was adopted as presented. The motion was passed by the following vote: Aye: Butler, Hammier, Martinez, Wright and Mayor Umstattd Nay: None Vote: 5-0-2 (Dunn/Reid absent) 7. Presentations a. Certificate of Aopreciation - Leesburg Optimists On a motion by Vice Mayor Hammier, seconded by Council Member Martinez, a Certificate of Appreciation was awarded to the Leesburg Optimists for their support of the Town of Leesburg Parks and Recreation Department's Special Events, particularly the Egg Hunt and the Freeze Your Gizzard 5k and 1 Mile Fun Runs by a vote of 5-0-2 (Dunn/Reid absent). Town Council Meeting of Aoril 28. 2009 Page 2 b. Certificate of Aooreciation - Betsy Mayr On a motion by Vice Mayor Hammier, seconded by Council Member Martinez, a Certificate of Appreciation was presented to Betsy Mayr for her service on the Parks and Recreation Commission by a vote of 5- 0-2 (Dunn/Reid absent). c. Proclamation - Business Appreciation Week On a motion by Vice Mayor Hammier, seconded by Council Member Martinez, the following Proclamation was passed by a vote of 5-0-2 (Dunn/Reid absent) PROCLAMA TION BUSINESS APPRECIA TION WEEK May 10 - May 16, 2009 WHEREAS, the Town of Leesburg is home to a diversified community over 2,500 businesses; and WHEREAS, the Town actively supports its local business community and is working to make Leesburg a better place to start and grow a business; and WHEREAS, the Town's business community is committed to make a difference for the citizens of Leesburg; and WHEREAS, these businesses provide local services and revenues from which the entire local citizenry benefit; and WHEREAS, we recognize and appreciate that the local businesses have chosen to locate in the Town of Leesburg.. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim the week of May 14 through May 16 in the year 2009 as Business Appreciation Week in the Town of Leesburg, and by virtue of this proclamation, recognize our existing businesses, and give notice to our citizens that the businesses of Leesburg are exemplifying this year's theme of "Caring in our Communities," PROCLAIMED this 28th day of April 2009. d. Proclamation - National Travel and Tourism Week On a motion by Vice Mayor Hammier, seconded by Council Member Martinez, the following Proclamation was passed by a vote of 5-0-2 (Dunn/Reid absent) PROCLAMA TION Town Council Meeting of April 28. 2009 Page 3 NA TIONAL TRA VEL AND TOURISM WEEK Mav 9th - May 17th, 2009 WHEREAS, the tourism industry is vital to the economic stability and growth of the Town of Leesburg as one of the country's largest employers; and WHEREAS, it contributes substantially to the Town of Leesburg's cultural and social well being; and WHEREAS, the travel and tourism industry enhances our personal growth and education, through our cultural heritage, arts, recreation, shopping, dining and entertainment venues in Leesburg ; and WHEREAS, every citizen benefits from the positive impact of travel and tourism; and WHEREAS, travel is one of our fundamental freedoms; and WHEREAS, we appreciate the unique significance of the tourism industry in the lives of the Leesburg citizens. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim the week of May 9 through May 17 in the Year 2009 as annual "Travel Matters" in the Town of Leesburg and urge the citizens to support our local tourism industry businesses. PROCLAIMED this 28th day of April 2009, e, Environmental Advisory Commission Presentation - Neely Law. Ph.D. Dr. Law gave a brief presentation of the activities of the Environmental Advisory Commission. She stated the symposium held at Ida Lee was a great success with many citizens and Town employees in attendance, She stated all the attendees were eager to learn ways they could make a difference in the environment by reducing their energy consumption. 8. PETITIONERS The Petitioners section was opened at 7:54 p,m, Ann Jansen, 105 Balch Springs Circle, asked that the citizens in the south Leesburg area have opportunities for citizen input with regards to the possible Zoning Ordinance amendment regarding a traditional design option in R-l zoning districts, She asked that cost benefit analysis be performed for any applications submitted under this amendment. She asked for concrete assurances in place for any application on this property so there is a level of protection for the neighboring properties. Ann Jones, 21065 Cardinal Pond Terrace, Ashburn, stated she is a dealer at the Leesburg Antique Emporium and a former resident of the Leesburg South area. She stated she hopes the Council allows the citizens to participate in the development of the Leesburg South area. She stated any plan needs to be Town Council Meeting of Aoril 28. 2009 Page 4 evaluated on its cost/benefit analysis. She stated she has concerns about this process. She stated she does not feel it would have the same enforceability as a rezoning with actual proffers. Doris Kidder, 139 Woodberry Road, NE, stated when an advisory body makes a decision, very few mistakes are made, She stated when a decision has a negative impact on the neighborhood, the elected body should be able to make a correction. She stated the language for the BAR appeals process is so restrictive, it is impossible for the Council to find an abuse of discretion or contrary to law. She asked that the responsibility for what happens to the Town be in the lap of the people who are elected. She urged a de novo review of cases when necessary, Steve Kambly, 241-G Loudoun Street, SW, stated he agrees with Ms. Kidder, He urged Council to support de novo review of the Board of Architectural Review, He stated decisions of the BAR can have profound impact on the quality of life in the Town. He stated it is imperative the Council have the option to review. The Petitioners section was closed at 8:03 p.m. 9. ADOPTION OF THE CONSENT AGENDA On a motion by Council Member Martinez, seconded by Vice Mayor Hammier, the following consent items were proposed: a. Endorsing Aoolication for Stormwater Management Grant at Freedom Park RESOLUTION 2009-052 Supporting a National Fish and Wildlife Foundation Chesapeake Bay Small Watershed Grant Application by PEC and the Center for Watershed Protection to Develop Stormwater Management Best Practices at Freedom Park in the Town of Leesburg b. Authorizing the town Manager to Execute Amendment No.1 to the Existinq Town/VDOT Administrative Agreement for the Downtown Streetlight Project RESOLUTION 2009-047 Authorizing the Town Manager to Execute Amendment No. 1 to the Existing Town/VDOT Administrative Agreement for the Downtown Streetlight Project The motion was passed by the following vote: Aye: Butler, Hammier, Martinez, Wright and Mayor Umstattd Nay: None Vote: 5-0-2 (Dunn/Reid absent) 10. PUBLIC HEARINGS a. Town Code Recodification - Solicitation of Public Input Jeanette Irby stated this is a solicitation of public input. She stated the recodification of the Town Code will come before Council on June 28 for public hearing and ordinance approval. Town Council Meeting of Aoril 28. 2009 Paqe 5 Terry Young. resident of Carrvale, stated he has lived in Carrvale since 1983. He stated he endorses changes to the Town Code as it pertains to the keeping of fowl in any area not zoned agricultural. He stated he has a neighbor with a large chicken coop. He states the roosters are very loud and disruptive at all hours of the day starting at 3:30 in the morning. He stated the chickens have escaped on occasion, Ms. Irby stated the change was originally made because of the concerns over fowl. She stated the State Code has made changes that only allow the Town to require they be penned up. She stated if they escape, it is a violation of Town Code. She stated only the County is given the purview to restrict fowl, Mayor Umstattd asked that a copy of Mr. Young's comments be sent to the Cou nty. Vice Mayor Hammier clarified the Board of Supervisors would have to make the change to their code. She questioned whether we would have to change the Town Code later on if Loudoun County changes their code to restrict the keeping of fowl. Ms. Irby stated the language could be added now to enable the Town follow the Loudoun County ordinance, Council Member Wright reminded Council there is no agricultural zone in the Town, but there are several large parcels in the Town that do have agricultural uses. b. Zoning Ordinance Amendment TLOA 2008-0011 - Creek Valley Buffer Zone The public hearing was opened at 8: 13 p,m, Irish Grandfield stated this is a Zoning Ordinance amendment for Article 14 of the Leesburg Zoning Ordinance. He stated creek valley buffers offer an opportunity to filter pollutants, protect wildlife habitat, shade streams and provide aesthetics, He stated buffers help the Town meet water quality goals under the MS-4 permit. He stated the goal for the downtown is to redevelop as a compact urban development and the Town Plan as amended permits further buffer width reductions along Town Branch based on improving storm water quality significantly above minimum requirements. The buffer will apply to all streams which drain greater than 640 acres, which would apply to all streams downtown. He stated it does not affect overall site density or affect existing uses. He noted the three types of changes in the ordinance including the establishment of a water quality standard to allow buffer reductions along Town Branch, creation of a consistent requirement for public stream access, and administrative and editorial corrections, He stated the water quality standard amendment would increase the amount of water quality provided by the portion of the buffer disturbed which staff feels to be a viable standard both from an engineering standpoint and an economic standpoint. He noted improvements envisioned in the public stream access component would be walkways and footpaths, Town Council Meeting of Aoril 28. 2009 Page 6 Mr, Grandfield stated the Planning Commission has recommended approval of this amendment. Council Member Dunn questioned whether the item has been to the Planning Commission. Mr. Grandfield confirmed the Planning Commission has made their recommendation. Council Member Wright asked for a map of the area that is involved for the public to view. Mr, Grandfield displayed a map showing the areas involved in the Town Plan stream valley policy and the Creek Valley Buffer areas, He clarified which areas would be affected by this amendment, Mark Baker, Bowman Consulting, 101 South Street, SE, stated he and his company appreciated the opportunity to provide input on this amendment. He stated the purpose of this buffer is water quality. He stated with any subsequent reduction of the buffer, there is compensation of water quality to be used which provides flexibility. He stated the Town is penalized on the MS-4 permit because of the existing, non-improved conditions downtown. He stated there are no BMP water quality measures that are in place for the downtown. He stated with this amendment, water quality measures can be put in place that will help with the MS-4 permit. He encouraged the Council to vote in favor of this amendment, Neely Law, Chair, Environmental Advisory Commission and Chair, Watershed Advisory Committee, stated stream buffers provide multiple benefits that protect and maintain stream conditions in watersheds, She stated thoughtful and deliberate actions are needed to protect streams to the maximum possible. She stated she understands it is particularly attractive to encourage and facilitate economic development opportunities, the Town needs to realize the impact these decisions may have on the streams and the economic impacts in the future, She invited Council on a field trip to visit sites that demonstrate good, fair, and poor stream conditions in the fall. She stated the lack of storm water management in several locations has resulted in 48% of the streams as being classified as being in poor, or very poor condition, She stated currently the Town is regulated by the Virginia NPS as a Phase II community which requires the Town meet six minimum measures to control and manage storm water runoff, She noted there are other permit measures that need to be met. She stated meeting the permit requirements is a responsibility of the Town, She stated stream restoration is likely needed to meet permit requirements, which will require public expenditure. She stated one of the ways streams become polluted is erosion caused by volume of water entering the stream, She stated the EAC and the Watershed Committee believe the element of including volume reduction can strengthen the amendment and reduce the impact redevelopment and development has on the Town's streams. She encouraged the Town to quickly follow-up with Phase II of this amendment, which would define buffer ordinances for streams draining less than 640 acres, Town Council Meeting of April 28. 2009 Page 7 Mayor Umstattd questioned what the EAC's recommendation is with regards to this amendment. Ms. Law stated she would like to see the modeling and scenario development that was put forward to test the 1.5 times water quality treatment. She stated the EAC would need to determine what would be a reasonable expectation for volume reduction on sites that would be 100% impervious cover. She stated even though water quality is being dealt with, the water problems in the stream are not completely being dealt with. She stated in the opinion of the Commission and the Watershed Committee, the amendment does not completely deal with the concerns. Vice Mayor Hammier asked whether the EAC and the Watershed Committee endorsed this amendment, Ms. Law stated the amendment was not put forth as a formal resolution, She stated there was agreement by the Commission and the Committee that the standards are insufficient. Gem Bingol, 1508 Shields Terrace, stated she works for the Piedmont Environmental Council. She stated they worked with the Center for Watershed Protection to create a study of Tuscarora Creek Watershed. She stated she does not have a specific request in terms of Council action, but asked them to consider the issues in the watershed. She stated looking forward, the Town needs to make improvements, not step backwards. She stated the Town will continue to redevelop and as it redevelops there are opportunities to make things better than they are today. The public hearing was closed at 8: 39 p.m, On a motion by Council Member Wright, seconded by Vice Mayor Hammier, the following was proposed: ORDINANCE 2009-0-005 Amendments to Article 14 of the Leesburg Zoning Ordinance Council Member Wright asked for clarification as to whether the the DCSM has restrictions regarding storm water flows. Mr. Grandfield confirmed the DCSM has requirements for flows, but they can be waived. Council Member Wright stated by passing this amendment, the Town is making forward progress in achieving buffers where there are currently no buffers in place. Council Member Dunn stated this amendment is moving forward and can be amended later with a similar public hearing if needed. Vice Mayor Hammier stated she fully supports discussion of Phase II. She stated the change in regulation will attract investment Town Council Meeting of Aoril 28. 2009 Page 8 which will serve to increase the quality of the buffer. She stated there will be a great demand for a high quality creek in this area. Council Member Butler stated he agrees it will make the creek more desirable in a visual and economic way, but he is not sure it will be more desirable in an environmental way, He stated these are not unreasonable protections, but would like to see Phase II initiated quickly. Council Member Reid asked for initiation of Phase II at the next Council meeting, Mayor Umstattd what it seems to do is reduce a stream protection buffer from the public's standpoint. She stated she does not get a real sense from the EAC as to whether this is a good, bad, or indifferent action, She questioned Mr, Grandfield as whether this would help the streams in the downtown. Mr, Grandfield stated it depends on the scenario considered. He stated if the site was not redeveloped then the buffer amendment does not affect the area one way or another, He stated if the site re- develops, then it will improve the stream and it would depend on whether the re-development is within 50 feet of the stream. Mayor Umstattd clarified the question will be whether the Council feels there will be re-development along any portion of the strea m, Mr. Grandfield stated without the changes, there may not be re-development, He stated without re-development, the new regulations would not apply. He noted the sites may not be attractive for re-development without the ability to encroach into the 50-foot buffer, but without the re-development you will not have the ability to improve the water quality. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Reid, and Wright Nay: Martinez and Mayor Umstattd Vote: 5-2 11. ORDINANCES a, None 12. RESOLUTIONS a. Zoning Ordinance Initiation - Traditional Development Option On a motion by Council Member Reid, seconded by Council Member Wright, the following was proposed: RESOLUTION 2009-048 Initiating Amendments to the Zoning Ordinance, the Subdivision and Land Development Regulations, and the Design and Construction Standards Manual, to Establish Appropriate Criteria for the Creation of a Traditional Design Option for Property Zoned R-l Town Council Meeting of April 28. 2009 Page 9 Council Member Dunn questioned how many residential units would be allowed? Mayor Umstattd stated she believed it was approximately 400-410, Council Member Dunn stated he wished the Planning Commission was initiating this. He stated for this procedural reason and the increase in density, he would probably vote against it. Vice Mayor Hammier stated this has been a long and interesting process, She stated she appreciates there will be a public hearing as part of this process because there should be as many opportunities for public input as possible. She stated this property has clearly represented the Town as the battleground for unbridled residential growth. She stated she believes the Town is at a turning point that will drive high quality opportunities that will lower tax rates and create better opportunities for a better mix. Council Member Martinez thanked Mr. Kalaris for working with the citizens and being open to discussions, He stated he agrees it would be better initiated through the Planning Commission. He stated he is concerned that the residents needs are met. He stated he is looking forward to the Planning Commission's recommendations. Ms, Irby reminded Council one of the things discussed in closed session is the court date has been continued to allow the Council to initiate a resolution for the Planning Commission to bring some options before Council. She added the Planning Commission has never initiated zoning or text amendments. She stated if Council would like to have the Planning Commission initiate amendments, she would need to know for future amendments, Mayor Umstattd stated the process is still the Council initiates and sends things to Planning Commission for recommendation. Council Member Wright stated he is not ready to embrace this amendment, but would like to start the discussion. He stated the Town needs to proceed with caution, He stated with this discussion, a resolution may be made on the legal issues. He stated a conversation will need to be had about density bonuses, He asked to include text into the resolution allowing as much public notice as possible. Ms, Irby stated language could be added to allow additional notice as allowed by state code. Council Member Wright stated he would like that language added. Council Member Reid agreed to that and stated he would support sending postcards and posting the property as well as within the neighborhoods, Ms. Irby stated the Town can do whatever is allowed by State Code. Town Council Meeting of April 28. 2009 Page 10 Mr, Boucher stated there is a section in the state code that localities can notify whomever they want as part of their process; however, it has to be done for all such processes. Council Member Wright stated it is Council's intent to keep the public involved. Council Member Butler reminded everyone it will affect all properties zoned R-l, not just the Meadowbrook property. Council Member Reid questioned whether signs can be posted in other neighborhoods, Mr. Boucher stated if it is done for one application, then it needs to be done for every application. Council Member Reid stated this would be a good thing to add to the zoning ordinance, He stated the Town needs to get into the 21st century in public notifications. Mayor Umstattd stated one of the advantages of posting the property is it notifies the community in a more effective fashion than putting it on the website. She stated she believes Mr. Kalaris is proposing a very attractive project; however, she will not be supporting this amendment because she does not agree with the increased density, She stated she also does not believe in using this process rather than the rezoning process to R-2, The motion was approved by the following vote: Aye: Butler, Hammier, Martinez, Reid, and Wright Nay: Dunn and Mayor Umstattd Vote: 5-2 13. OLD BUSINESS a. None 14. NEW BUSINESS FOR ACTION a, Aooroving Funding of a Crosswalk at Battlefield Parkway and Plaza Street On the motion of Vice Mayor Hammier, seconded by Council Member Reid the following motion was proposed: MOTION Approving Funding of a Crosswalk at Battlefield Parkway and Plaza Street from Existing General Fund Appropriations Council Member Wright stated he will support this because there is a need for this crosswalk. He stated this was not previously funded and stated a few things have changed including new information from the HOA indicating they will help with easements and the tunnel has been closed off. He stated despite the fact this was not budgeted, he is willing to support it, but cautioned Council needs to be careful when making new expenditures. Town Council Meeting of April 28. 2009 Page 11 Council Member Reid stated Council Member Martinez deserves recognition for putting forth the need for this crosswalk. He stated he regrets this did not get action until now and hoped the project gets completed before summer. Council Member Dunn stated he hoped the funding for the portion of the walk that would go from the HOAs sidewalk up to where the Town has its easement would have been paid for by the HOA. Mayor Umstattd thanked Sandy Grossman, Council Member Martinez and all the Council Members for their hard work on this item, The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 b. BAR Process and Issues On the motion of Council Member Wright, seconded by Council Member Dunn, the following was proposed: RESOLUTION 2009-049 Authorizing Concurrent Review by the Board of Architectural Review for Rezoning and Special Exception Applications in the H-l and H-2 Overlay Districts Council Member Wright questioned whether this has been done administratively in the past, Mr, Boucher stated it was done by consensus previously, but this is trying to formalize it and give staff guidance. Vice Mayor Hammier stated she thought there was an allowance for the applicant to make the decision. Mr. Boucher stated he thought this was the option the majority of Council seemed to favor. He stated if the applicant has the option, there could still be a situation where something was approved by Council, but had not been approved by the BAR. Vice Mayor Hammier questioned whether the development community wanted to go to the BAR concurrently. Mr. Boucher stated the development community wants to get early BAR comments. He stated on a number of applications, the applicant is eager to get BAR feed back. Council Member Dunn questioned whether line 4 could be changed from "shall" to "may". He questioned how this would change the process. Mr. Boucher stated it is better to get reliable information sooner. He stated with "may" the applicant could be taking a tremendous risk, Town Council Meeting of Aoril 28. 2009 Page 12 Council Member Dunn questioned if this is for the benefit of the applicant, why not give them the opportunity to chose, Council Member Wright asked if the applicant would have to produce anything different than what was required previously. Mr. Boucher stated it could lessen what the applicant has to produce at an early stage. He stated the BAR will be a referral agency. Council Member Reid stated he is concerned the BAR cannot make a binding or appealable decision, He questioned whether the deadlines would be in effect for this review. Mr. Boucher stated the BAR would have to make their referral comments fairly quickly. He stated in some instances, the BAR will not have time to review the application. He stated staff will be under pressure depending on when the BAR meeting is, He stated the goal is to have the comments prior to the Planning Commission public hearing. Council Member Reid suggested adding language that the BAR review would not delay the Planning Commission public hearing. Council Member Wright suggested an amendment that the BAR review the application at the meeting at which it is submitted and in no way delay any public hearings. Council Member Reid agreed to this change. Mayor Umstattd questioned whether there would be a problem if there is a lack of quorum at the meeting where they should be hearing the application. Council Member Wright stated if a referral agency does not get their comments in, the item goes forward without comments. Council Member Dunn made a friendly amendment to change "shall" to "may". Council Member Wright did not accept that amendment as friendly as he felt discussion was needed, Council Member Butler stated this resolution is more to aid Council in not acting on a project prior to the BAR. He stated the applicants also get benefit from this. He stated he cannot support changing "shall" to "may". Council Member Dunn made his amendment as a motion. Council Member Wright seconded the motion, Council Member Wright stated this procedure does not supersede the ordinance, He stated changing "shall" to "may" eliminates the need for full- blown architecturals, He noted this is not a full-blown application, Town Council Meeting of April 28. 2009 Page 13 Mr. Boucher stated it is for informational purposes and to start conversation. He stated an official application to the BAR will not occur until after the Council takes legislative action. Vice Mayor Hammier questioned whether there is the choice to do this now? She questioned whether there is a need for this resolution at this time, Mr, Boucher stated at this time, policy is to not allow an applicant go to the BAR prior to Council action, Vice Mayor Hammier asked for a clarification of a referral agency role in the process. Council Member Butler stated if "shall" is changed to "may" you take away the entire reason for this resolution. The amendment to change "shall" to "may" failed by the following vote: Aye: Reid and Dunn Nay: Butler, Hammier, Martinez, Wright, and Mayor Umstattd Vote: 2-5 The original motion with amendment by Mr. Wright was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Council Member Reid, seconded by Council Member Dunn, the following was proposed: RESOLUTION 2009-050 Initiating Amendments to Article 3 and Article 7 of the Leesburg Zoning ordinance to Revise the Appellate Standard for Town Council Review of Board of Architectural Review Decisions Vice Mayor Hammier stated she has been through recent history where she has been more deeply engaged in the process. She stated she is going to support the next resolution, but ultimately she is using the guidepost that this is an elected body and decisions need to be made by the elected body. Council Member Wright stated he would not be supporting this. He stated this will weaken the BAR and weaken the process, He stated the architecture is separate from the legislative action. He stated the Council has adequate means to correct the BAR through the current appeals standard. He stated the new guidelines approved by the Council improve the issues that previously existed. Council Member Butler stated the existing standard provides enough protection. He stated any perceived problems have been resolved by the resolution that just passed. Town Council Meeting of April 28. 2009 Page 14 Council Member Reid stated some people do support the De Novo review. He stated he supports elected officials being able to examine the record. He stated with the changes that have been instituted, there should be few appeals. Mayor Umstattd stated the Council needs to be able to make the final decision on projects before the BAR. She stated the people of the Town of Leesburg can only elect the Council, so they rely on the Council to embody what they want to see in the Town. The motion was approved by the following vote: Aye: Dunn, Hammier, Reid, and Mayor Umstattd Nay: Martinez, Butler, and Wright Vote: 4-3 On the motion of Council Member Wright, seconded by Council Member Martinez, the following was proposed: RESOLUTION 2009-051 Initiating Amendments to Article 3 and Article 7 of the Leesburg Zoning Ordinance to Revise the Duration of Permits Issued by the Board of Architectural Review Council Member Reid stated this gives much greater flexibility for applicants. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 15. COUNCIL COMMENTS Council Member Reid apologized for being late to the meeting, He stated he attended the School Board meeting regarding school boundary issues. He disclosed a meeting with Eliot Meyers regarding a code amendment allowing family entertainment uses in the 1-1 district, He thanked Leesburg Police for doing an excellent job in solving the Bennett murder, He stated it was an excellent example of interjurisdictional cooperation. He stated staff did a great job of the Flower and Garden Festival. He stated 19 vendors were left on the waiting list and expressed a desire to expand the festival to include everyone. He stated he was at the Tree Commission booth handing out trees. He stated he accepted a sapling at the Oatland's Arbor Day ceremony, which he gave to Earl Hower to be planted at Ida Lee. He stated he attended a ceremony at Union Cemetary to rededicate the grave site of Charles Fenton Mercer. He noted Supervisor Burton lives in his historic home. He added he has toured the Oak Hill Mansion, which was President James Monroe's home. He stated the Delashmutt's, the mansion's current owners, are very concerned with the possible revival of the Death Tax, which would affect the owners of many historic properties and many business owners. He stated he went to the Purcellville water resources open house. He stated he did not make any representations regarding the Town's policies. He questioned whether Leesburg Station Auto Wash is recycling the water they use, He stated he received an unsigned letter from someone protesting the vote on the Town Plan amendment that Town Council Meetinq of April 28. 2009 Paqe 15 affected the land near Olde Izaak Walton Park. He requested that people sign their letters, He stated he felt the meeting concerning George Mason University should have been an open meeting. He stated the Odyssey of the Mind teams from Cool Spring and Harper Park will be attending the championships in Ohio in late May and will be fundraising, He added he will be reading from the Torah for the National Day of Prayer on the courthouse grounds and invited the rest of Council to read as well. He announced the dogpark opening on May 9. Council Member Butler stated he had the opportunity to attend the funerals of former Council Members Mervin Jackson and Georgia Bange, He stated it was wonderful to hear all the excellent things both Council Members had done. He disclosed a meeting with Eliot Meyers regarding his potential application for an entertainment use in the 1-1 District. He announced the Tree Commission will be producing some educational videos. He stated the Flower and Garden Show was wonderful, but agreed if it should be expanded to include more space for the Commissions and additional vendors. He stated the show exceeded expectations. He added no one has bid on a pie to be thrown at his face for Relay for Life. Council Member Wright disclosed a meeting with Dave Ritchey and Clarke Realty concerning their Market Square at Potomac Station project, He stated he had the first bid for Pie in the Face; however, a higher dollar value has been placed on the head of another person. He encouraged the County Board of Supervisors to participate by bidding on the opportunity to put a pie in the face of a Council Member. He also commended the Police Department on their interjurisdictional work with the Sheriff's Department in solving the case involving the attack on Mr. and Mrs. Bennett. He stated it was good to see the entire community pull together to resolve the case. He stated the Flower and Garden Show was awesome. He stated staff did an outstanding job and exceeded expectations and added that it brought many people from out of Town, Council Member Martinez stated the Flower and Garden Show was fantastic. He reminded everyone of the Pie in the Face fundraiser for Relay for Life, He noted there will be another shredding event at Heritage High School this weekend. He reminded everyone that First Friday is coming up, He stated he will miss Mervin Jackson who was a great mentor to him. He disclosed he met with Eliot Meyers regarding his entertainment use in the 1-1. Vice Mavor Hammier stated more funds would have been raised with Pie in the Face if it had been scheduled right after budget deliberations, She disclosed a phone call with Jim Todd Peterson, Jan Zachariasse of Waterford and then a meeting with Jan Zachariasse. She also disclosed meetings with Price Waterhouse Coopers, a meeting with Jim Todd Peterson, a meeting at Verisign, and an additional meeting with Jan Zachariasse and Price Waterhouse Coopers where the lunch was paid for by Price Waterhouse Coopers, The meeting was regarding PMMI. She stated she attended the GMU Executive Committee meeting on Thursday, which was a preview opportunity for the Executive Group to exchange ideas on how to get everything out in the public as quickly as possible. She stated Flower and Garden Show is truly the best Leesburg event of the year and symbolic of the great quality of life here. She congratulated Smarts Mill Middle School, staff and students, which has been officially recognized as a School to Watch, She stated Monroe Vo-Tech is having their plant sale this week, She stated she is proud of the Leesburg Police force on the work done on the Bennett case. She sent her condolences to the Jackson family on Mervin Jackson's passing, noting he will be missed. Town Council Meetinq of April 28. 2009 Page 16 Council Member Dunn stated when he moved to Town, he saw an advertisement to volunteer for the Economic Development Commission. He stated Mr, Jackson was on Town Council at the time and was always a steady rock on Council. He stated he had the pleasure of enjoying Keep Leesburg Beautiful with a cub scout den on Cattail Branch. He stated he was shocked by how much trash was there, He stated he learned some people at Loudoun Museum are being laid off. He stated the historic treasures will be locked away because there is no funding to open the doors, He stated Council may want to consider finding solutions for that. He stated he met with Journey through Hallowed Ground and some of their initiatives may be of great benefit as the 150th anniversary of the Civil War approaches. 17. MAYOR'S COMMENTS Mayor Umstattd related when the Liberty Tax ribbon cutting was being held, the gentleman who was dressed up as the Statue of Liberty related to her the fact that while he was growing up, Mr. Jackson kept he and his friends out of trouble. She stated she appreciates the Police Department's hard work. She stated she attended the GMU and NVCC meeting. She stated Leesburg has been recognized as Tree City for the 20th year in a row. She stated she would be bidding on a pie in Council Member Butler's face. Council Member Reid stated he went to Mr. Jackson's viewing and stated he felt very privileged to have had the opportunity to work with him. 18. MANAGER'S COMMENTS Mr. Wells congratulated the Parks and Recreation Department, the Police Department and the Streets Department on the Flower and Garden Show. He stated they will be following up on the expansion of the show. He commended the Police Department on the work done with the Sheriff's Department in regards to the crime that occurred in Lansdowne. He stated bids on a waterline expansion and the parking lot expansion at the Police Department have come in under estimates. Ms. Irby reminded the Council about the Town Code update. She stated the final version goes to Municode on Monday. 19. CLOSED SESSION a, Mayor Umstattd made the following motion: Pursuant to Section 2.2-3711(A)(3) and 2.2-3711(A)(7) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to discuss potential litigation concerning Dominion Virginia Power The motion was seconded by Council Member Reid and approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 The Council convened in Closed Meeting at 10: 15 p.m, Council returned to open session with the following motion made by Mayor Umstattd: Town Council Meetinq of April 28. 2009 Page 17 In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified by the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was seconded by Council Member Reid and approved by the following vote: Aye: Butler, Dunn, Hammier, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) 20. ADJOURNMENT On a motion by Council Member Wright, seconded by Council Member Butler, the meeting was adjourned at 10:44 p,m. ~~c,v-~ . n C. Umstattd, Mayor Town of Leesburg 2009_ TCMIN0428