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