HomeMy Public PortalAbout2009_tcmin0512
COUNCIL MEETING
May 12, 2009
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, Kenneth "Ken" Reid, Kevin Wright and Mayor Kristen Umstattd.
Council Members Absent: Marty Martinez
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy
Town Manager Kaj Dentler, Director of Public Works Tom Mason, Director of Planning
and Zoning Susan Berry Hill, Deputy Director of Planning and Zoning Brian Boucher,
Zoning Administrator Chris Murphy, Chief of Police Joe Price, Environmental Planner
Irish Grandfield, Airport Director Tim Deike, and Clerk of Council Lee Ann Green.
AGENDA
1. Call to Order
ITEMS
2. Salute to the Flag Cub Scout Troop 982
3. Invocation was lead by Mayor Umstattd
4. Roll Call showing Council Member Martinez absent.
S. Minutes
a. Work Session Minutes of April 27, 2009
On a motion by Vice Mayor Hammier, seconded by Council
Member Butler, the minutes were passed 6-0-1 (Martinez absent).
b. Regular Session Minutes of April 28, 2009
On a motion by Council Member Wright, seconded by Vice
Mayor Hammier, the minutes were passed 6-0-1 (Martinez absent).
6. Adopting the Meeting Agenda (Amendments and Deletions)
On a motion by Council Member Wright, seconded by Vice Mayor
Hammier, the meeting agenda was adopted as presented.
The motion was passed by the following vote:
Aye: Butler, Dunn, Hammier, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
7. Presentations
a. Resolution of Respect - Georgia Bange
On a motion by Council Member Wright, seconded by Vice Mayor
Hammier, the following Resolution of Respect was passed by a vote of 6-0-1
(Martinez absent):
RESOLUTION OF RESPECT
Georgia Bange
Town Council Meeting of May 12. 2009
Page 2
WHEREAS, long time Leesburg resident, teacher, businesswoman,
and counselor, Georgia Bange, died April 9, 2009; and
WHEREAS, Georgia Bange tirelessly served her community first as
a teacher for Fairfax County and then serving as a grief counselor through
her work with Colonial Funeral Home helping many families deal with loss;
and
WHEREAS, Mrs. Bange further served her community as a member
of the Leesburg Town Council from July 1, 1990 to June 30, 1994; and
WHEREAS, she was one of the guiding influences in the creation of
the Loudoun County Government Center and the Bank of Loudoun; and
WHEREAS, Mrs. Bange was also a lay leader for the Leesburg
United Methodist Church, a past president of Methodist Women and past
chair for the Council of Ministries; and
WHEREAS, she was also a member of countless community
organizations including the Loudoun Restoration and Preservation Society,
Loudoun Salvation Army, the Industrial Chaplains Ministry, the Loudoun
Chamber of Commerce, the Red Cross, the United Way, and the Victim
Witness Program.
THEREFORE, RESOLVED that the Mayor and members of the
Council of the Town of Leesburg in Virginia extend their sympathy and
respect to Mrs. Bange's family and to all who knew her; and
BE IT FURTHER RESOLVED that this Resolution of Respect be
spread upon the minutes of this meeting and that a copy be presented to
her family.
PASSED this 12th day of.M..gy.. 2009.
b. Certificate of Appreciation - Melanie Miles - On a motion by Council
Member Wright, seconded by Vice Mayor Hammier, and approved
by a vote of 6-0-1 (Martinez absent), a Certificate of Appreciation was
presented to Melanie Miles for her service to the Town as a member of the
Environmental Advisory Commission.
c. Certificate of Appreciation - David Miles - On a motion by Council
Member Wright, seconded by Vice Mayor Hammier, and approved
by a vote of 6-0-1 (Martinez absent), a Certificate of Appreciation was
presented to David Miles for his service to the Town as a member of the
Planning Commission.
d. Proclamation - Asian/Pacific American Heritage Month
On a motion by Council Member Wright, seconded by Vice Mayor
Hammier, the following Proclamation was approved by a vote of 6-0-1
(Martinez absent):
Town Council Meeting of May 12. 2009
PROCLAMA TION
ASIAN/PACIFIC AMERICAN HERITAGE MONTH
MAY 2009
WHEREAS, President Jimmy Carter signed a joint resolution
declaring the first Asian/Pacific American Heritage Week in 1979; and
WHEREAS, President George H. W. Bush extended the
celebration to Asian/Pacific American Heritage Month in 1992; and
WHEREAS, Asian/Pacific Americans represent more than 30
ethnic backgrounds and are one of the fastest growing ethnic groups in
the United States; and
WHEREAS, Virginia is home to a rich and diverse population,
drawing people from nations around the world; and
WHEREAS, it is appropriate to recognize the achievements and
continued contributions of Asian/Pacific Americans to Loudoun County,
the Town of Leesburg, and our nation.
THEREFORE, the Mayor and Town Council of the Town of
Leesburg in Virginia hereby proclaim the month of May of the Year 2009
as Asian/Pacific American Heritage Month, and urge the citizens of
Leesburg to join in recognizing the achievements of ASian/Pacific
Americans and to celebrate their contributions to our nation's history.
PROCLAIMED this 12nd day of ~2009.
e. Proclamation - Relay for Life
On a motion by Council Member Wright, seconded by Vice Mayor
Hammier, the following Proclamation was approved by a vote of 6-0-1
(Martinez absent):
PROCLAMA TION
American Cancer Society's
Western Loudoun Relay for Life
May 30 - 31. 2009
WHEREAS, 2009 marks the 25th Anniversary of Dr. Gordy
Klatt's first step of his 24-hour walk/run around a track in Tacoma,
Washington which raised $27,000 to support the American Cancer
Society in May 1985; and
WHEREAS, the following year, 220 supporters on 19 teams
joined Dr. Klatt in this overnight event, and the American Cancer
Society Relay for Life was born; and
Paqe 3
Town Council Meeting of May 12. 2009
Page 4
WHEREAS, each of the more than 4,800 Relays nationwide is a
fun-filled, overnight event that mobilizes communities to raise money
for the fight against cancer; and
WHEREAS, this event celebrates the lives of those who have
battled cancer as the strength of survivors inspires other to continue the
fight, remembers loved ones lost to the disease and allows people who
have walked alongside those battling cancer to find healing and allows
participants to fight back and put an end to the disease; and
WHEREAS, the Western Loudoun Relay for Life is being held on
May 30- 31, 2009 at Heritage High School in the Town of Leesburg; and
WHEREAS, the theme for the 2009 Relay for Life is "Life's A
Celebration!"; and
WHEREAS, the Western Loudoun Relay for Life is celebrating its
10th Anniversary this year and has raised over $1,210,000 to aid in the
fight against cancer since 2000.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby congratulate the organizers and participants of the
Western Loudoun Relay for Life and urge the citizens of the Town of
Leesburg to support the American Cancer Society.
PROCLAIMED this 12th day of May 2009.
f. Certificates of Appreciation - Keep Leesburq Beautiful
On a motion by Council Member Wright, seconded by Vice Mayor
Hammier, Certificates of Appreciation were approved by a vote of 6-0-1
(Martinez absent) for the following participants in the Keep Leesburg Beautiful
community clean up:
Isabel Abernathy
Samuel Abernathy
Gabriel Abernathy
Michael Butler
Colin McGee
Lauren McGee
Carol Moses
Ryan Zimmerman
Carina Smith
Tom Smith
Michelle White
Rachel White
Anna McAulay
Gerhard Koehler
Melissa Poole
David MacKlim
Rita Welsh
Hiroko Takenchi
Torsten Seling
Maggie Abernathy
Raphael Abernathy
Lauren Arnold
Finn McGee
Dermot McGee
Patrick McGee
Brooke Zimmerman
Kelly Zimmerman
Marianna Smith
Dania Smith
Sarah White
Tony White
Heather Doyle
Nathan Poole
David Kiley
George Affe
Bruce Welsh
Kai Takenchi
Dierdre Seling
Town Council Meeting of May 12. 2009
Paqe 5
Thomas McAulay
Johanna Gascoyne
Meredith Walker
John Dooney, Sr.
Betsy Stankard
Evan Stankard
Kevin Wright
Katelyn Wright
Stacey Johnson
Nicole Bohnett
Marty Martinez
Robert Wyks
Andrew Eisenbrown
Macall Warner
Matthew Johnson
Nicholas Hudack
Cora Runholt
Jack Farmer
Jim Wehmann
Ryan Breen
Russell Carver
Noah Johnson
Thomas Dunn
Liam Chon
Anya Sczerzhie
Erica Dobscha
Courtney McAlpine
Maggie Hudack
Abigail Klemm
Samantha Glass
Tara Lackey
Olivia Ambrose
Lauren Brill
Fallon Choinski
Jamie Overton
Carolyn Snyder
Kevin Paz
Karla Castro Martinez
Dwight Stonerook
Ariane DeQuittner
Donna Frye
Kristi Luckette
Christina Saffer
Susan Rossbach
Josie Rossbach
Olivia Toomer
Tanner Vincent
Rachel Brandon
Wendi Gill
Anna Sequine
Yukiyo kitagawa
Jaclin Villacorta
Jimmy Soto
Troy Gascoyne
Josh McCullough
John Dooney, Jr.
Karen Dooney
Katie Stankard
Abby Stankard
Dena Wright
Kelly Bu rk
Marlene Johnson
Madeleine Bohnett
Doris Martinez
Zachary Johnson
Owen Higgins
Grant Warner
Bobby Caldwell
Collin Runholt
Craig Tilghman
Trevor Palmer
Christopher Allison
Anthony Oshode
Bryan Wyks
Erik Fromrite
Taylor Dunn
William Johnson
Maddie Dobscha
Kathy McAlpine
Julia Hudack
Fernanda Estrella
Kathryn Hackman
Jesse Payne
Hannah Ambrose
Katie Stankard
Reagan Brill
Lauren Choinski
Eugene Overton
Wendy Overton
Erika Castro Martinez
Irish Grandfield
Lydia Stonerook
Jean Dura
Mary M. Lee
Robin Phillips
Alexander Chambers
John Rossbach
Kelly Ryan
Cooper Vincent
Diana Vincent
Emma Olson
Brooke Gill
Nanmi Young
Leina Young
Dayana Villacorta
Fernando Barrezute
Town Council Meetinq of May 12. 2009
Page 6
Jarvis Asamoah
Asalen Garcia
Nakea Frye
Justine Stanko
Charles Mumaw
Keane Enterprises
Debbie Wells
Jennifer Nelson
Eugen Asamoah
Elsa Cortez
Flor Corea
Holland Saxon
Katie Sheldon Hammier
John Wells
Gregg Tonge
Peter Flores
8. PETITIONERS
The Petitioners section was opened at 8:04 p.m.
Jill Drupa, 433 Foxridge Drive, S.W., stated she would like to make the
Council aware of the unfair demographic distribution of students at Catoctin and Balls
Bluff Elementary Schools. She stated she appreciates the diversity, but Catoctin has
the highest percentage of economically challenged students. She stated the PTA is
unable to raise money to supplement budget cuts at the County level. She stated
taking care of economically disadvantaged students is the responsibility of the entire
community, not just two schools. She asked Council to balance the disparity by
redistricting the Leesburg schools.
Nicolle Robinson, 402 Tearose Place, S.W., asked Council for assistance in the
fair and equitable redistribution of economically disadvantaged students within
Leesburg schools. She stated she is thankful for the dedicated teachers and staff at
Catoctin. She asked Council to consider supporting redistricting of Leesburg schools.
She stated in a town the size of Leesburg, two schools should not be so
overweighted with economically challenged students. She asked the Council require
a well thought out distribution of students from the School Board.
Lis Occalino, 202 Ashton Drive, S.W., stated when over a third of a school's
population is economically disadvantaged, it negatively affects the budget of the
PTA. She stated it impacts the ability of the PTA to fill the gap in the school's
budget. She stated it is also difficult to get volunteers to help the school's activities.
Sandy Kane, 815 Kenneth Place, SE, stated she represents the Board
Members of Leesburg Dogs, Inc. She thanked the Town Council for making the Dog
Park a reality. She stated the grand opening was well attended by dog owners,
Town Council Members and various commissioners. She thanked Rich Williams and
Bill Ference for their work to create the off-leash park.
Mayor Umstattd stated the School Board staff presentation will not take place
at the meeting tonight. She stated rumors that ES15 might be placed at the
Douglass Annex would not require any land. She stated Council will pass on the
information to the School Board.
Vice Mayor Hammier stated there have been a couple of decisions the Council
has made that have detrimentally affected Catoctin because additional students will
be bussed to Catoctin. She stated her husband is assistant principal at Frances
Hazel Reid. She stated demographically it may appear to be disproportional, but
there are other populations that are being served at Frances Hazel Reid including the
hard of hearing and emotionally disturbed children.
Town Council Meetinq of May 12. 2009
Page 7
Council Member Reid questioned whether it would be appropriate to send a
letter to the School Board asking them to take another look at these two schools for
the coming year. He stated there was a proposal by School Board At Large Member
Tom Reed to take some of the areas out of Catoctin.
Vice Mayor Hammier suggested having this subject discussed at a future
worksession.
Margaret Waters. 307 N. King Street, stated she is pleased to hear Council
may decide to install sidewalks and curbs on the west side of N. King Street at the
meeting on May 27. She stated she and her husband take pride in Leesburg. She
stated she believe it to be really important and necessary.
Rob Ellis, 431 Foxridge Drive, S.W., stated he does not have children at
Catoctin Elementary School. He stated studies have been done on over-
diversification at public schools. He stated the key factors in education are qualified
teachers and parental support. He stated one of the points of decay of education is
decreased parental support. He stated some school systems have dealt with this
problem through redistricting. He stated this does not mean the community is racist.
The Petitioners section was closed at 8:30 p.m.
9. ADOPTION OF THE CONSENT AGENDA
On a motion by Council Member Butler, seconded by Council Member Wright,
the followi ng consent item was proposed:
a. Declarinq that a Public Necessity and Use Exist. and Authorizing an
Offer to Acquire Permanent Easements from PIN #190-15-5301-000
for the Sycolin Road Widening Phase II Proiect
RESOLUTION 2009-053
Declaring that a Public Necessity and Use Exist, and Authorizing an
Offer to Acquire Permanent Easements from PIN #190-15-5301-000
for the Sycolin Road Widening Phase II Project
The Consent Agenda was approved by the following vote:
Aye: Butler, Dunn, Hammier, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
10. PUBLIC HEARINGS
a. Zoning Ordinance Text Amendments TLOA 2008-0009 to Implement
Certain Objectives of the 2005 town Plan and Update Various Sections
The public hearing was opened at 8:30 p.m.
Brian Boucher summarized the proposed changes for Council. Mr.
Boucher stated the changes can be lumped in to several categories including
process improvements, Town Plan compliance, landscaping requirements,
experience and practicality and parking requirements. He stated the change
related to interior parking lot landscaping was rejected by the Planning
Commission. He stated staff has come up with an alternative
recommendation, but it was not accepted by the Planning Commission.
Town Council Meeting of May 12. 2009
Page 8
Council Member Dunn stated he would be more inclined to allow a Dog
Park by a private interest. He stated there is little chance of a dog park
showing up in a neighborhood because of the standards that have been set.
He stated the Council has not gone far enough to limit the amount of service
parking in Town noting very rarely are any of the lots filled. He questioned
the age range allowed in a dog park and suggested no food or drink be
allowed in a dog park. He questioned the words "plastic covering" in the
definition of a tent.
Mr. Boucher stated that was meant to include vinyl and other thin
plastic materials, but the language could be refined.
Council Member Dunn asked to find a way to limit service parking by
25% for most uses. He questioned why indoor theater is by special exception
as opposed to by right.
Mr. Boucher stated it has to do with size. He noted many indoor
theater uses are very large.
Council Member Dunn questioned whether the standard of size could
be set with regards to indoor theater. He stated with regards to concept
plans, the word "proposed" and "conceptual" are used in the same sentence.
He stated this is redundant. He offered some other wordsmithing
suggestions.
Vice Mayor Hammier questioned whether the disapproval of the
parking lot interior landscaping requirement change was unanimous.
Mr. Boucher noted the recommendation to approve the other changes
and not recommend approval of that particular change was made in one
motion and the vote was unanimous.
Vice Mayor Hammier stated the age allowed in a dog park was a
compromise made by the Parks and Recreation Commission based on staff
recommendations and industry standards. She stated she encourages the
use of the picnic tables at the dog park.
Council Member Wright stated requiring the results of the pre-
application conference be documented will help the applicant. He noted
getting the Applicant's Bill of Rights completed is still on the "to do" list. He
stated the challenge the Planning Commission had with the interior parking
lot landscaping was the impression the Town was attempting to let itself off
from landscaping requirements. He stated they felt it would be setting a
precedent for other applicants who could cite a safety issue, such as day
cares and banks, to ask for a similar waiver. He stated a secured parking lot
could be defined and within that defined use not have a requirement for
interior parking lot landscaping. He questioned whether this change could be
made within the existing advertising for the Ordinance change.
Mr. Boucher stated it could be defined as a use that does not require
interior parking lot landscaping, but the advertising for the Ordinance change
would not allow that.
Town Council Meeting of May 12, 2009
Paqe 9
Council Member Butler stated he was concerned about parking space
width of less than nine feet. He stated he had to consider the definition of a
tent more closely.
Council Member Reid stated these changes are good deregulatory
moves. He questioned whether a traffic analysis is a new requirement since it
is shown in boldface.
Mr. Boucher stated there has always been a requirement for a traffic
analysis with a rezoning.
Council Member Reid questioned whether the County requires
a rcheolog ica I docu mentation.
Council Member Wright stated the state now requires all rezonings
include documentation of archeological features.
Council Member Reid questioned why a convenience store cannot be
by right in a B-3 zoning district. He asked what the county allows.
Mr. Boucher stated the special exception process would allow the Town
to control hours of operation. Mr. Boucher stated he would check on the
County's ordinance.
Council Member Reid questioned why a group home is by right and an
assisted living facility is allowed only with a special exception.
Mr. Boucher stated the state requires that residential zoning districts
allow group homes as a by right use. He added that assisted living facilities
can be very large.
Council Member Reid questioned whether the increased setback for
residential uses in the B-2 flies against what is trying to be accomplished with
the Crescent District.
Mr. Boucher stated there is a lot of residential zoning on Edward's
Ferry Road backing up along B-2. He added adoption of the Form Based Code
would obviate this regulation.
Council Member Reid questioned the parking requirements for
shopping centers. He stated these seem very prescriptive.
Mr. Murphy stated these are accepted standards developed by the
Urban Land Institute.
Council Member Reid stated he does not understand why the BAR is
getting involved in landscaping issues with regards to screening.
Mr. Boucher stated the intent is for architectural screening.
Council Member Reid stated he would support a provision for a private
dog park even though it would compete with the Town's dog park. He stated
Town Council Meeting of May 12. 2009
Page 10
he supports the special exception, but would not eliminate the ability of users
to eat at the dog park.
Council Member Wright stated the BAR does not have landscape
guidelines, so there should not be a requirement for the BAR to review it.
Vice Mayor Hammier stated she agrees that she is not comfortable
construing trees and landscaping as architectural features.
Mayor Umstattd questioned the definition of a child in the dog park.
She asked what ages would define a child.
Joe Price. Chief of Police, 65 Plaza Street, requested the Council
support staff recommendation for waiver of interior parking lot landscaping.
He stated the Planning Commission voted this down because they felt the
Town was exempting itself from a requirement no one else is exempted from.
He stated this is not completely true because car lots do not have interior lot
landscape requirements. He stated the police department parking lot will be
an enclosed parking lot. He stated there is a concern that this would create a
dangerous precedent with child care facilities facing the same concerns.
Council Member Dunn questioned why the car lot on Edwards Ferry
Road was required to have trees.
Mr. Boucher stated that condition was imposed during special
exception approval.
Vice Mayor Hammier questioned the rationale for having jurisdiction
over the interior of parking lots.
Mr. Boucher stated it was to break up big seas of asphalt parking.
Mr. Murphy added the addition of trees as they mature create shade
and cool spots, which help to create air movement in the parking lot.
Council Member Wright states he supports what is trying to be
accomplished with the secure lot. He stated he would like to describe the
specific situation and address the immediate need without creating a longer
term problem.
Council Member Reid stated the regulation clearly states the waiver is
for a public safety facility, which should make it clear it is for the police
department.
Mayor Umstattd stated the parking lot is walled off and not visible by
pedestrians, she does not see the need for interior landscaping.
Council Member Dunn pointed out the parking lot will be in the shade
of the proposed parking garage.
The public hearing was closed at 9:50 p.m.
11. ORDINANCES
Town Council Meetinq of May 12. 2009
Page 11
a. None
12. RESOLUTIONS
a. Initiatinq Zoning Ordinance Amendment: Creek Valley Buffer Zone.
Phase II
On a motion by Council Member Reid, seconded by Council Member
Wright, the following was proposed:
RESOLUTION 2009-054
Initiating amendments to Article 14 of the Leesburg Zoning Ordinance
to Establish a Creek Valley Buffer Area for Streams that Drain Greater
than 100 Acres and Less than 640 Acres and to Establish Buffer Waiver
Provisions When Appropriate Criteria are Met
Council Member Butler stated he hopes the changes will include
significant mitigating factors for buffer waivers.
Mayor Umstattd questioned whether this is a way to reduce a creek
valley buffer for larger properties than were dealt with at the last meeting.
Ms. Berry Hill stated this also implements the Town Plan policies for
Creek Valley protection. She stated this ordinance amendment deals with all
the stream valley corridors in the Town that drain between 100 and 640
acres. She stated this affects many properties throughout the Town. She
stated it would establish 100 foot buffer areas along these creek valleys and
would identify certain circumstances that would allow for buffer area
reductions.
Mayor Umstattd confirmed that currently there is no buffer area at all.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
b. Initiating Zoning Ordinance Amendment to Allow Recreation Facility
Use in the 1-1 District Subject to Specific Use Standards
RESOLUTION 2009-055
Initiating Amendments to Section 6.7.2 and Section 9.3.18 of the
Leesburg Zoning Ordinance to Allow Recreational Facility Uses in the 1-
1 District Subject to Specific Use Standards
Council Member Reid stated he does not believe a business owner
should have to get a special exception to use the remaining 50% of the
property percent of the property for this use when they pay rent on 100% of
the property.
13. OLD BUSINESS
a. None.
14. NEW BUSINESS FOR ACTION
a. None.
Town Council Meeting of May 12. 2009
Page 12
15. COUNCIL COMMENTS
Council Member Dunn encouraged all Council Members to keep all discussions
as public as possible, particularly with regards to school boundaries.
Vice Mayor Hammier disclosed a few phone conversations with Mike Banzhaf
and phone conversations with Steve Petersen. She also disclosed conversations with
Delegate May. She stated she appreciates representatives from the Catoctin
Elementary School PTA coming out to voice their concerns. She cautioned Council to
be careful given the demographic issues. She stated a lot of the issues that schools
face are due not to poverty levels, but to divorce rates. She stated broken homes
affect parental involvement as much, if not more than economic factors. She stated
she attended the INOVA thank you reception. She stated the Dog Park opening was
a wonderful event. She thanked staff for the tremendous job they did with limited
resources. She stated the Parks and Recreation Commission had an interesting
discussion regarding the use of fields. She stated there is a group that wants to use
a vacant property in Greenway Farms for a practice field. She asked staff to look
into the use of the Morven Park property for practice fields. She wished everyone a
belated happy Mother's Day.
Council Member Wright passed on compliments from a resident regarding the
new Dog Park. He welcomed La Lou Bistro to the downtown. He stated the food is
very good and worth a trip. He reminded everyone regarding Relay for Life. He
stated everyone is welcome to go to www.westernloudounrelay.org to sign up. He
thanked everyone for their hard work, particularly Debi Parry.
Council Member Butler stated his coworkers all chipped in $300 to throw a pie
in his face. He stated he was glad for the donation. He stated the Dog Park is a
really nice facility, which he and his dog enjoyed. He commented on the potential
for de Novo review for the BAR. He stated he feels this will be a mistake. He stated
there are two groups who support de Novo review, one of which feels the Council
puts the economic interests of the Town ahead of historic preservation needs and the
other is a group that is still angry about the final disposition of the Fire House and
feels if there had been de Novo review, the Council could have denied the Fire
Department's application. He stated he does not feel either is correct because
Council picks the BAR and the BAR's job is protection of the historic nature of the
downtown. He stated Council Members certainly would not pick members for the
BAR who would protect the historic downtown less than they would.
Council Member Reid wished his wife a happy birthday. He stated he would
appreciate a work session on school boundaries. He stated a letter stating the Town
would like to see equity and relief of overcrowding should be sent to the School
Board. He stated he attended the Morven Park opening with Council Member Dunn.
He stated he was saddened by the murder/suicide on Smart's Lane and offered his
condolences to the family and neighbors. He stated it was nice to see the former
Vice Mayor at the opening of the Dog Park. He stated it will be a "howling" success.
He stated he appreciated the presentation regarding George Mason. He stated he
did not feel the Town or the School Board got their money's worth. He stated the
consultant did not answer basic questions that the Town needs to know. He stated
he feels they are still looking more at an eastern Loudoun site. He stated he does
not feel major property owners in Leesburg will be able to come up with a proposal
that is as palatable to George Mason and Northern Virginia Community College as
some of the larger parcels in the County.
Town Council Meeting of May 12. 2009
Page 13
16. MAYOR'S COMMENTS
Mayor Umstattd thanked the members of the clergy and the public who put
together the National Day of Prayer and the Bible reading that was held last week.
She thanked Vice Mayor Hammier for attending the INOVA reception on behalf of
Council.
17. MANAGER'S COMMENTS
Mr. Wells reminded Council of the Employee Picnic. He stated Rich Williams,
Bill Ference, and the Public Works staff did a lot of work on the Dog Park and stayed
within the $18,000 budget.
With regards to items for future Council meetings, Council Member Wright
requested any discussions regarding the Countywide Transportation Plan not include
any areas outside Leesburg. He stated he had no desire to discuss political signs
again. He recommended the first step on Town Plan/Zoning reconciliation be a
memo on scope.
Vice Mayor Hammier questioned the Terry MacAuliffe signs on Ida Lee Drive.
Mr. Dentler stated Mr. MacAuliffe was speaking at Ida Lee, but his signs were
removed after his event was completed.
Council Member Reid stated he would like to address the 45 day time limit on
political signs.
18. 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 a legal matter pertaining to water rate litigation.
The motion was seconded by Council Member Reid and approved by
the following vote:
Aye: Butler, Dunn, Hammier, Wright and Mayor Umstattd
Nay: None
Vote: 5-0-1-1 (Martinez absent, Reid abstaining)
The Council convened in Closed Meeting at 10:20 p.m.
Council returned to open session with the following motion
made by Mayor Umstattd:
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.
Town Council Meeting of Mav 12. 2009
Paqe 14
The motion was seconded by Council Member Butler and
approved by the following vote:
Aye: Butler, Dunn, Hammier, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-2 (Martinez and Reid absent)
20. ADJOURNMENT
On a motion by Mayor Umstattd, seconded by Council Member Dunn, the
meeting was adjourned at 11:20 p.m.
~~~I~
'-- Krt C. stattd, Mayor
Town of Leesburg
~
2009_ TCMIN0512