HomeMy Public PortalAbout2009_tcmin0527
COUNCIL MEETING
May 27, 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, Marty Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor Kristen
Umstattd.
Council Members Absent: None
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy
Town Manager Kaj Dentler, Assistant to the Town Manager Scott Parker, Director of
Public Works Tom Mason, Deputy Director of Planning and Zoning Brian Boucher,
Zoning Administrator Chris Murphy, Airport Director Tim Deike, Economic
Development Manager Marantha Edwards, Assistant Director of Capital Projects
Management Tom Brandon, Comprehensive Planner David Fuller, Environmental
Planner Irish Grandfield and Management Specialist/Deputy Clerk of Council Debi
Parry.
AGENDA
1. Call to Order
ITEMS
2. Salute to the Flag Girl Scout Troop 3765
3. Invocation was lead by Council Member Dunn
4. Roll Call showing all present.
5. Minutes
a. Work Session Minutes of May 11, 2009
On a motion by Council Member Butler, seconded by Council
Member Wright, the minutes were passed 6-0-1 (Martinez abstaining).
b. Regular Session Minutes of May 12, 2009
On a motion by Council Member Wright, seconded by Council
Member Butler, the minutes were passed 6-0-1 (Martinez abstaining).
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 with item 12a moved prior to item
lOa.
The motion was passed by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright
and Mayor Umstattd
Nay: None
Vote: 7-0
7. Presentations
a. Resolution of Respect - Mervin Jackson
Town Council Meeting of May 27. 2009
Page 2
On a motion by Council Member Martinez, seconded by Council
Member Reid, the following Resolution of Respect was passed by a vote of 7-0
and presented to the Jackson family:
RESOLUTION OF RESPECT
Mervin V. Jackson
WHEREAS, Mervin Jackson, of Leesburg died April 10, 2009, at
the age of 79; and
WHEREAS, Mr. Jackson served our community for nearly 30
years first being appointed to the Planning Commission in November of
1975, spending many years as Chair, and then to the Town Council in
March 1999; and
WHEREAS, Mr. Jackson won election to the Town Council in
May of 2000 receiving the most votes in that election; and
WHEREAS, he was elected by his Council colleagues to serve
as Vice Mayor from 2002 until 2004; and
WHEREAS, Mr. Jackson also served the Town on numerous
boards, committees and commissions and was always a voice of
reason and moderation; and
WHEREAS, Mr. Jackson was an active and valued member of
his church and community, a loving husband to his wife, Jean, father,
grandfather and great-grandfather.
THEREFORE, RESOLVED that the Mayor and members of the
Council of the Town of Leesburg in Virginia extend their sympathy and
respect to Mr. Jackson's family and to all who knew him; 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 his family.
PASSED this 27th day of ~2009.
b. Certificates of Recognition - Girl Scout Troop 3765 - On a motion
by Vice Mayor Hammier, seconded by Council Member Butler, and
approved by a vote of 7-0, Certificates of Appreciation were presented to
Christina Moldolo, Alicia Webb, Emily Hays, Kayleigh Tamm, Erin Tamm
and Wendy Webb for volunteer services to the Town of Leesburg and the
Tree Commission at the 2009 Flower and Garden Show.
c. Certificate of Recognition - Rehau 2009 Arbor Day Tree - On a
motion by Vice Mayor Hammier, seconded by Council Member Butler, and
approved by a vote of 7-0, a Certificate of Appreciation was presented to
Rehau for their contribution of the 2009 Arbor Day Tree.
Town Council Meeting of May 27. 2009
Page 3
d. Tolbert Awards Presentation
On a motion by Vice Mayor Hammier, seconded by Council Member
Butler and approved by a vote of 7-0, a 2009 Tolbert Award for
Environmental Achievement was presented to David Fuller. Mayor Umstattd
read the commendation as follows:
"I am pleased to present two 2009 Tolbert Environmental
Achievement Awards for noteworthy contributions to improving the
Town's natural environment. The first winner of a Tolbert Award is
Leesburg resident David Fuller. A Town employee, Mr. Fuller rides his
bike to work or walks the one-mile distance from his home in Exeter
Subdivision to Town Hall nearly every day of the year regardless of
weather. David sets an example for all of us through his choice to
take one car off of the road for commuting to work. In addition to
David's commuting choice, he leads by example through several other
means including his choice to work by natural daylight rather than turn
lights on and volunteering at community environmental events
including tree planting and the Flower and Garden Festival.
Congratulations David Fuller."
A second 2009 Tolbert Award for Environmental Achievement
was presented to representatives from the Kincaid Forest Subdivision.
Mayor Umstattd read the commendation as follows:
"The second Tolbert Environmental Achievement Award goes to
the Kincaid Forest Subdivision for their help to the Leesburg
Watershed Committee in implementing the first "Forest Your
Stormwater Pond" project to help filter stormwater runoff. The Kincaid
Forest HOA was instrumental in getting the word out
to residents, wrote a press release for the local media, and enlisted
the support of their management agent to provide assistance. Despite
high winds and cold temperatures, on planting day in November
approximately 80 volunteers of all ages helped plant more than 200
trees to improve water quality, aesthetics and wildlife habitat in the
Town. Congratulations Kincaid Forest Subdivision."
e. Business Appreciation Award Recipients - NOVEC and The Farm
Bureau
Mayor Umstattd stated NOVEC and The Farm Bureau were Legacy
Business Award recipients who were not mentioned at the recent 8th Annual
Business Appreciation Awards Ceremony. She read the following
commendations:
" NOVEC is a locally based and locally operated cooperative supplier of
electricity and energy services. With a Leesburg office located at 521 East
Market Street, they deliver cost efficient, reliable energy to residential,
commercial, business and government customers in a six-county area west of
Washington, D.C. serving more than 2,000 customers in Loudoun County for
more than 60 years. We thank Mr. Gus Glikas for attending our Business
Appreciation Ceremony"
" Mr. Terry Corle mentioned that the Virginia Farm Bureau has been in
operations in Leesburg for more than 60 years. With locations in Leesburg,
Town Council Meeting of May 27. 2009
Page 4
Richmond, Washington, D.C., Norfolk, Charlottesville, Roanoke and beyond
we are happy they are serving the Leesburg community.//
f. Loudoun Convention and Visitor's Center - Ouarterly Update
Ms. Cheryl Kilday, President & CEO of the Loudoun Convention and
Visitor's Center (LCVA), provided a quarterly update to Council. She stated in
the first quarter of the calendar year the visitor center saw 1,495 visitors
which relates to over $900,000 in visitor spending, a large share of which
goes directly into Leesburg. She stated the direct sales team generated 50
sales leads that went to Leesburg properties and 14 of the bookings occurred
here in Leesburg for a total of 588 sleeping rooms confirmed. She mentioned
several trade shows LCVA attended where Leesburg was marketed and
outlined LCVA's marketing program and public relations work. She outlined
her tour package presented to the American Bus Association as part of their
conference at the National Harbor stating they would be spending one night in
Leesburg as part of a five day tour if it is accepted. She stated the LCVA office
will be open for the First Friday's celebrations beginning in June. She stated
the tourism video created by LCVA has been nominated for an Emmy and is
eligible because it was featured on two television programs. She outlined a
report showing trends in Leesburg stating this is how LCVA tracks various
trends in the Town and County and makes budget adjustments accordingly so
as to avoid cutting the sales areas. Further, she stated when the Town
discusses building ball fields; LCVA would like to be included to see if there is
a possibility of building a facility capable of hosting a tournament as sports
travel is strong.
Vice Mayor Hammier asked for links to the Emmy nominated videos to
place on the new website. She thanked Greg Harp for his idea to sponsor the
Washington, DC professional tennis team.
Council Members Martinez and Wright thanked Ms. Kilday for her
presentation.
Council Member Butler congratulated Ms. Kilday on the Emmy
nomination.
Council Member Reid stated LCVA does a great job and he loves the
statistics provided which document what LCVA does for the Town. He
thanked her for the presentation. He stated it was interesting to hear about
the field shortage and what is done for tournaments. He asked if the
tournaments would conflict with kids' sports.
Ms. Kilday stated a lot of the leagues have a natural season that
creates a window in which the tournaments occur. She stated there are a
number of things can cannot be accommodated.
Council Member Reid stated maybe something can be worked out with
Freedom Park.
Ms. Kilday stated she works with Freedom Park.
Council Member Reid stated bleachers would have to be brought in.
Town Council Meeting of May 27. 2009
Page 5
Ms. Kilday stated we do a lot with softball, but some of the soccer and
football tournaments cannot be accommodated. She stated we are fortunate
that we have wonderful fields, but when building facilities we need to look at
how many people can be accommodated. She suggested also taking a look at
Ida Lee to see how much of that is tournament capable.
Council Member Reid asked how the downtown location is doing in
terms of tourist traffic. He stated it may be too soon to document and asked
if she has any idea.
Ms. Kilday stated it is too soon to document, but April was strong and
May looks good too. She stated April was slightly up over last year and May
also seems to be outpacing 2008.
Mayor Umstattd stated given the interest on behalf of the hotels in
attracting tournament traffic, Vice Mayor Hammier, Council Member Martinez
and she spoke with Ms. Kilday last year regarding the perception of our hotels
towards tournaments and stated it sounds like a positive attitude at this time.
She asked if the hotels are working to attract families traveling for
tournaments.
Ms. Kilday stated guests attending weddings tend to pay a higher per
person rate for hotels so she has been working to find the right tournament
for the slower wedding dates. She stated for the summer tournaments that
have been booked the hotels are giving 10-15 rooms, which is enough for one
team and they are full. She stated she wants to find the tournament
opportunities when the hotels are not full so they can give more rooms per
event. Further, she stated they are very guarded of the higher values.
8. PETITIONERS
The Petitioners section was opened at 8: 13 p.m.
Mr. Scott Meisinger, 314 Shiloh Place, he stated he is attending the meeting
at the invitation of Mayor Umstattd to represent the Christ Community Lutheran
Church and Leesburg Open Arms Child Development Center located at 818 South
King Street. He stated the church is petitioning for the by-right use of the Noland
Supply building located at 9 Cardinal Park Drive by adding a text amendment to the
current 1-1 District zoning for the purpose of a place of worship, child care center
and a school, general education. He stated a letter was sent on May 22 to the
Council and read the letter into the record:
" On September 8, 2008 Christ Community Lutheran Church opened the
doors of Leesburg Open Arms (LOA) Christian Child Development Center located in
the new South King Street Center. In the 9 short months since we opened the
center, LOA has rapidly grown from 30 children to nearly full enrollment capacity of
serving approximately 175 families in the greater Leesburg area and employing 30
full and part time staff. After just 6 months operation, the Commonwealth of
Virginia Department of Social Services issued LOA a 2-year non-provisional child care
license."
"As a result of the rapid success of our center, early this spring our Church
Council began searching for an appropriate property that could serve as both a new
worship center for our congregation as well as a second location for the expansion of
Town Council Meeting of May 27. 2009
Page 6
our childcare ministry. Although we own 15 acres just south of Leesburg at the
corner of U.S. 15 and Woodlea Drive, SW, the site work costs to develop the
property are cost-prohibitive at this time and the location is less than ideal to serve
the Leesburg area childcare market."
"With the recent opening of the Leesburg Dog Park at Olde Izaak Walton Park
and its growing popularity, parking is rapidly becoming a problem for our members
on Sunday morning thus accelerating our need for a different worship location. At
our May 17 Voters Meeting, the congregation voted unanimously to extend an offer
to purchase the former Noland Supply building located at 9 Cardinal Park Drive in
Leesburg and on Tuesday May 19 we issued a Letter of Intent with the property
owner.//
"On May 19 we also learned of the May 12 actions by the Town of Leesburg to
initiate Zoning Ordinance text amendments to the 1-1 District, the zoning district in
which the Noland property is located. We commend the Mayor and Town Council for
initiating these amendments to encourage the adaptive reuse of existing buildings in
the 1-1 District and enhancing redevelopment opportunities in accordance with the
2005 Town Plan."
"We the members, staff, and families of Christ Community Lutheran Church
and Leesburg Open Arms request that the Town Council further amend the 1-1
Zoning Ordinance as follows:
· Child Care Center (18.1.28) be permitted By-Right (currently
permitted by special exception
· Place of Worship (18.1.134) be permitted By-Right (currently
permitted by special exception
· School, General Education (18.1.154) be permitted by Special
Exception (currently not permitted). Please note that School,
Technical (18.1.157) is currently permitted by Special Exception in the
1-1 District"
"The time delays inherent in the current Special Exception requirement for
allowing the use of the Noland Building as a Child Care Center and Place of Worship
significantly jeopardize our ability to successfully negotiate the purchase of this
property due to the contingencies it adds to the terms of sale. This delay will also
negatively impact on the growth of our congregation as we now struggle with the
parking shortage at the Olde Izaak Walton Park building resulting from the opening
of the Dog Park, and on the growth of Leesburg Open Arms as we reach enrollment
capacity."
" Our studies prior to launching Leesburg Open Arms and our experience
since opening the center, clearly indicate an ongoing and growing need for quality
childcare within the Town of Leesburg. The expansion of Leesburg Open Arms to a
second location in the Town will not only provide for that need, but it will also add
numerous quality job opportunities."
" Over the next several years as our congregation continues to grow, we
foresee the day when the time and conditions will be right for us to build our
permanent worship facility on our Rt. 15 property and possibly expand our youth
ministry at the Noland building location to offer high-quality Christian early childhood
(K-5) education. Based upon recent discussions with the Community Church in
Ashburn (off Rt. 7 near Lansdowne) and others in the area, the demand for this
Town Council Meeting of May 27.2009
Paqe 7
service is high as evidenced by the waiting lists these existing institutions currently
have. As such, we request that the permitted uses within the 1-1 District be
expanded to allow for the School, General Education classification."
Mayor Umstattd asked if any Council Members would object to this being
discussed at the next work session.
Council Member Butler stated 1-1 amendments are already in process through
the Planning Commission. He suggested that Mr. Meisinger speak with the Planning
Commission to ask if this amendment can be included in their current review so that
one package of amendments is brought forward to Council.
Mayor Umstattd stated if Council needs to take any action to add this as a
supplemental initiation to what was already initiated it can be done at the next
meeting. She stated she would want to be sure that the Commission has the leeway
to review this as all we asked them to review was the family entertainment aspect.
Council Member Dunn echoed Mayor Umstattd's comments that both issues
be discussed so as not to give the impression to the commission that one application
is favored over another.
Jeanette Irby stated if Council wishes to review this request it should be
initiated so that the Planning Commission can move forward.
Mayor Umstattd asked if that could be done tonight or if it should be
discussed at the next work session.
Council Member Wright suggesting asking the Planning Commission to
conduct a work session before staff schedules the public hearing and empower them
to look at the wide range of issues within the 1-1 up to and including what the best
solution is to get the appropriate uses. He suggested listing what Council has
already discussed as well as what is in this letter and asking the Planning
Commission to make a recommendation on the best items to do through the
appropriate public hearings and a recommendation to Council. He stated that way we
are not initiating so narrowly that we have to do this every two weeks.
Mayor Umstattd stated the majority of Council would like to look at this as
well and stated we can move forward in whichever way Ms. Irby feels is best. She
asked Mr. Meisinger to touch base with the Planning Commission and stated she
anticipates Council will discuss this at the June 8 work session.
Mr. Wayne Waters, 307 North King Street, stated he is here to discuss the
extension of the North King Street Storm Drainage Project scope. He offered up
many reasons for extending the sidewalk on the west side of North King Street
including the need for safe pedestrian access to Ida Lee, storm drainage concerns
and to improve the beauty of that section of Town.
The Petitioners section was closed at 8:26 p.m.
9. ADOPTION OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member
Wright, the following consent item was proposed:
Town Council Meeting of May 27. 2009
Paqe 8
a. Authorizing an Agreement and ApDroving a Performance Guarantee
and Water Extension Permit for the Paxton Memorial Learning and
Resource Campus
RESOLUTION 2009-057
Authorizing an Agreement and Approving a Performance Guarantee
and Water Extension Permit for the Paxton Memorial Learning and
Resource Campus
b. Declaring the Intention to Reimburse the Town from the Proceeds of
One or More Financings for Airport Fund Improvements
RESOLUTION 2009-058
Declaring the Intention to Reimburse the Town from the Proceeds of
One or More Financings for Airport Fund Improvements
RESOLUTION 2009-059
Declaring the Intention to Reimburse the Town from the Proceeds of
One or More Financings for Capital Projects Fund Improvements
c. Awarding Lease at Airport
RESOLUTION 2009-060
Awarding the Lease of Terminal Office Space to Aviation Adventures,
LLC.
d. Awarding the Battlefield Parkway - Edwards Ferry to Ft. Evans Rough
Grading Construction Contract
RESOLUTION 2009-061
Awarding the Battlefield Parkway - Edwards Ferry to Ft. Evans Rough
Grading Construction Contract
e. Authorizing the Town Manager to Execute a Revised Other
Transactional Agreement (OTA) between Town and Federal Aviation
Administration for Design and Construction of Grading for an
Instrument Landing System for Runway 17 at the Leesburg Executive
Airport
RESOLUTION 2009-062
Authorizing the Town Manager to Execute a Revised Other
Transactional Agreement (OTA) between Town and Federal Aviation
Administration for Design and Construction of Grading for an
Instrument Landing System for Runway 17 at the Leesburg Executive
Airport
The Consent Agenda was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright
and Mayor Umstattd
Nay: None
Vote: 7-0
Town Council Meeting of May 27. 2009
Page 9
10. PUBLIC HEARINGS
a. TLOA 2009-0002 - Amending the Zoning Ordinance regarding
Affordable Dwelling Units
The public hearing was opened at 8:34 p.m.
Scott Parker stated Council has received a copy of the Memorandum of
Agreement (MOA) with Loudoun County for the enactment of the Affordable
Dwelling Unit (ADU) ordinance. He stated minor changes were needed to
ordinance passed a year ago and outlined the changes.
Council Member Dunn asked what will happen if this is not passed.
Mr. Parker stated the ordinance would not be enacted because as per
the MOA the County would be administering our ADU ordinance. He stated if
the ordinance changes are not passed as well as the authorization for the
Mayor to sign the MOA then the ADU ordinance has no effect as there will be
no one to administer it. He stated the Board of Supervisors approved the
MOU last week and have authorized the Chairman of the Board to sign the
agreement. Further, he stated the Planning Commission unanimously
recommended approval.
Ms. Irby stated Chairman York has already signed the MOA and if we
do not approve the MOA then the proffer for PMW Farms will expire with no
requirement for them to provide the ADUs.
Council Member Dunn asked if there is a financial consequence to not
including the AD Us in the PMW Farms development.
Ms. Irby stated the financial consequence was to the developer having
to offer AD Us below market price. She stated there is no other consequence
as the County will administer the process, not the Town. She stated in
exchange for that the County will take any benefit with respect to an ADU.
Mr. Parker stated this agreement is the first one in Virginia where a
Town has partnered with a County to administer this program.
Council Member Wright verified the ordinance includes language
authorizing the Mayor to sign the MOA.
Council Member Butler asked if the cash-in-lieu option is always an
option that the developer can choose.
Mr. Parker stated that option only pertains to single-family detached
units. He stated the proffer we have with PMW Farms is for single-family
attached units and in this case the cash-in-lieu would not be an option. He
stated anyone seeking the cash-in-Iieu option would have to receive the
permission of the Affordable Dwelling Unit Advisory Board.
Council Member Butler asked where the cash-in-Iieu funds would go.
Mr. Parker stated the funds would go to the Loudoun County housing
trust.
Town Council Meeting of May 27. 2009
Page 10
Council Member Butler asked if the Town would ever receive any of
that money.
Mr. Parker stated there is a possibility if the unit were to be purchased,
but there is nothing specifically stating that.
Ms. Irby stated under this agreement for these 30 ADUs the monies
generated, should there be any, would go to the Loudoun County Housing
Trust to continue to supplement the ADU program. She stated Leesburg will
not get money for these ADUs as we are not administering the program.
Council Member Butler stated in the future there could be other
developments with other ADUs.
Ms. Irby stated if we are going to have more than 40 units in the
program then we would have to renegotiate our agreement with the County.
Council Member Butler asked if this ordinance applies to any
development.
Mr. Parker stated it applies to any development over 24 units.
The public hearing was closed at 8:42 p.m.
On a motion by Council Member Martinez, seconded by Council
Member Wright the following was proposed:
ORDINANCE 2007-0-007
Amending and Reordaining Article 3.17 of the Zoning Ordinance,
Administration and Regulation of Affordable Dwelling Unit
Developments, for the purpose of clarification and Ability to Enact
Memorandum of Agreement with Loudoun County
Council Member Martinez stated in consideration of all the work it has
taken to reach this agreement with the County, he is glad that we are at this
point.
Council Member Reid stated this only applies to a rezoning application
and expressed concern that a development with only 24 units would have to
provide one ADU.
Mr. Parker stated the original ordinance also applies to by-right
subdivisions with a number of units in excess of 24 units.
Council Member Reid asked if the subdivision being constructed on
Valley View Avenue would be subject to this ordinance.
Mr. Parker stated he is not familiar with that development. He stated
with the original ordinance if you have an ADU you receive a density bonus as
well as per the State ordinance.
Council Member Reid verified 24 units is the minimum and stated
therefore we cannot go over 24 units by State law. He questioned whether
Town Council Meeting of May 27. 2009
Page 11
the Town has the authority to raise the number of units to 50.
Mr. Parker stated the 24 units minimum was established in the Town's
ordinance. He stated the County's trigger is higher; however, staff performed
a calculation for the original ordinance.
Council Member Reid asked if the developer can receive a waiver.
Mr. Parker stated there are certain provisions for waivers and
modifications in the ordinance that would have to be approved by the
Affordable Dwelling Unit Advisory Board and the Town Council. He stated
typically they are not granted by the advisory board.
Council Member Reid verified there is a hearing where the public can
weigh-in.
Vice Mayor Hammier stated this is a culmination of a long process and
thanked the County for helping to administer the program and former
Planning Commission members including Bridget Bangert and others. She
also thanked the individuals who emailed her to share personal experiences.
Further, she stated she will fully support this program.
Mayor Umstattd stated she did not support the rezoning; however,
since these ADUs were proffered she will be supporting this.
The motion was approved by the following vote:
Aye: Dunn, Butler, Hammier, Martinez, Reid, Wright
and Mayor Umstattd
Nay: None
Vote: 7-0
11. ORDINANCES
a. Zoning Ordinance Text Amendment TLOA 2008-0009 to
Implement Certain Objectives of the 2005 Town Plan and
Update Various Sections
Brian Boucher stated a public hearing was held at the last
meeting and changes were made as requested. He stated there was
some discussion about a dog park and it being limited to public use.
He stated there were comments about including it as a private use as
well and staff is looking for more direction from Council regarding this
change.
Council Member Dunn provided a wordsmithing correction to
Section 9.3.6.1 item j. He stated regarding item m, he checked with
the Dog Park Friends Group and this is directly opposite of their rules
on site to not allow any food or drink, except for dog consumption. He
stated either the rules on site should match up with our zoning or we
should move forward with the wishes of the citizens who established
the Dog Park to not allow human food in the park.
Mr. Boucher stated other places address this issue
differently and you can find both.
Town Council Meeting of May 27. 2009
Page 12
Council Member Dunn stated we are not talking about those
places, we are talking about our place. He stated the rules as stated
at the dog park now say no food or drink, whereas this is just limited
to glass containers. He stated the dog park originally was going to be a
private venture and he has concerns that this will be limited to
publically owned and leased land without a private use. He stated for
example, what if the Market Square developers want to have a V4
acre parcel for a dog park for their citizens. He stated he would like
to add the private dog park to this. He stated if there are concerns
about it being in a residential area then another item can be added to
address that.
Mr. Boucher stated there is language in there currently stating
the dog park cannot be closer than 1,000 feet to residential use. He
stated if there is a desire to change the language it could be revised to
say, \\ A dog park is a contained area where dog owners may allow
their dogs to run off leash. A dog park may be located on publically
owned; leased land or private property. II He stated a special exception
would still be required to meet the conditions.
Council Member Dunn outlined other wordsmithing issues to be
addressed. He stated we are reaching a point of critical mass with
planning issues regarding the issue of what is by-right or special
exception. He stated we have so many items that require a special
exception and asked if it is possible to look into the future to see what
we want to have and make that use by-right with certain standards.
Mr. Boucher stated if someone has to come forward for a
special exception it gives Council more control, allows applications to
be reviewed on an individual basis and perhaps there may be concerns
that were not thought of when the use standards were developed that
should be applied in a certain place. He stated if there are more
design details and performance standards for particular uses in the
ordinance then that can also limit the need for special exceptions and
has been done in other localities.
Council Member Dunn stated it is almost like we create a
Zoning Ordinance and then require everything by special exception so
the developers have to come to the Council no matter what.
Vice Mayor Hammier stated if any major changes are to be
made tonight then she is not prepared to vote. She stated she would
not support changing the definition or description regarding food at the
dog park.
Council Member Martinez asked if staff could provide
information in the future regarding the number of special exceptions
compared to the total number of applications received.
Council Member Wright stated we have a lot of things on the
Planning Department's and Planning Commission's "To Do List". He
stated it would help to recirculate the memo regarding the scope of
work of what is already going on. He stated we have the batches
Town Council Meeting of May 27. 2009
Page 13
coming; however, as Council Member Dunn mentioned we do need to
get to a higher level and look at the overall list of what we are doing to
make sure we are working towards the right direction. He expressed
concern that we are getting to a point where Council has thrown so
many ideas in that staff cannot get them done. He stated it is
important to get some of the items on the list completed and to ensure
that we do not have items on the list that are in conflict with
something else.
Council Member Butler stated he tried to amend the definition
of a tent, but could not find anything better than what was already
presented. He concurred with Vice Mayor Hammier stating he would
not support changes to the dog park wording. He stated he has been
to the dog park at least half a dozen times and has always seen people
eating and suggested changing the wording on the sign. Further, he
stated the citizens group is wonderful and he does not believe they
said anything to the individuals in the park who were eating.
Council Member Reid stated the language with the BAR and
screening was addressed very well. He concurred with Council
Member Dunn regarding the PNS tables stating he had a problem with
this two years ago in the 1-1 District and now we have a situation
where two applicants want us to exempt them from special exception
requirements. He stated he believes there are
areas we still need to streamline and this regulation is a good example
of the streamlining Mr. Wells has implemented. Further, he thanked
Mr. Boucher and staff for doing a very good job on this ordinance.
On a motion by Council Member Martinez, seconded by Council
Member Wright, the following was proposed:
ORDINANCE 2007-0-006
Amending the Zoning Ordinance for Article 3 Review and
Approval Procedures, Article 5 Residential Zoning Districts,
Article 6 Nonresidential Districts, Article 8 Planned Development
Districts, Article 9 Use Regulations, Article 10 Density/Intensity
and Dimensional Standards, Article 11 Parking, Loading and
Pedestrian Access, Article 12 Landscaping, Screening, Open
Space and Lighting, and Article 18 Definitions
Council Member Dunn requested a friendly amendment to
amend item m to state "food and drink is prohibited".
Council Member Martinez did not accept the friendly
amendment.
Council Member Dunn proposed a motion under Section 9.3.6.1
Dog Use standards item m to read "food and drink is prohibited".
Council Member Wright asked if the motion is intended to
prohibit training treats.
Council Member Dunn stated training treats would be
Town Council Meeting of May 27. 2009
Page 14
permitted. He stated he would also add that water for dogs is
allowed. He stated it could read "Food and drink is prohibited.
Training treats and water are allowed."
The motion was seconded by Mayor Umstattd.
The motion to amend failed by the following vote:
Aye: Dunn and Mayor Umstattd
Nay: Butler, Hammier, Martinez, Reid and Wright
Vote: 2-5
Council Member Wright stated overall this is great and
completes some of the process improvements and other items we
have found throughout. He expressed concern with the manner in
which Council is approaching the lot landscaping for the police and
would have liked that to be worded differently so as not to create a
cascading effect. He stated he will support it in the hopes that it does
not broaden and also so the lot can be built in a timely manner.
Mr. Boucher stated language will be included in the next batch
to define a public safety facility for parking lot landscaping.
The original motion was approved by the following vote:
Aye: Butler, Hammier, Martinez, Reid, Wright
and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Dunn Abstaining)
12. RESOLUTIONS
a. North King Street Storm Drainage Improvements Project - Revised
Scope of Work
On a motion by Council Member Martinez, seconded by Council
Member Reid, the following was proposed:
RESOLUTION 2009-063
Approving a revision to the Scope of Work for the North King Street
Storm Drainage Improvements Project
Council Member Martinez stated he is very supportive of this project.
Council Member Butler stated he is going to support this because it is a
good idea. He expressed concern with adding last minute items to the Capital
Improvement Program stating this is jumping ahead of potentially other more
deserving projects. He stated he will support this project; however, he would
prefer following the CIP process as Council has outlined.
Council Member Reid stated he feels if a resident wants a sidewalk
they deserve it.
Vice Mayor Hammier stated one of the key new developments was the
situation with the trees. She stated initially we did not want to impact the
existing trees, but unfortunately they were not able to be saved. She stated
Town Council Meeting of May 27 , 2009
Page 15
staff was then able to proactively determine that we had a great solution to
move forward.
Council Member Wright stated there will already be impacts on the
street through the current capital project and it makes sense to move forward
with this portion as we already have everyone mobilized.
Council Member Dunn asked how much of the sidewalk will be brick on
the west side of the street.
Mr. Dentler stated the brick sidewalk will extend from the corner of
Union Street to the last home on that side, which is the tollhouse. He stated
just past this house the sidewalk will turn to asphalt and hook up with the
trail at Ida Lee.
Council Member Dunn stated on the east side of the street the brick
sidewalk does not extend that far and asked the timeline for extending the
brick on the east side.
Mr. Dentler stated there are no plans to extend the brick on the east
side at this time.
Council Member Dunn questioned whether it would be more
esthetically pleasing to make the brick equal on both sides.
Mr. Dentler stated it would look better, but it is not necessary. He
stated traditionally the brick sidewalks end at the Historic District boundary
which is just past the driveway of the first house at 301 Union Street. He
stated it would look odd to stop the brick there, install concrete and then
asphalt to the trail. He stated our landscape Architect Bill Ference
recommended that the brick sidewalk be extended to the asphalt.
Mr. Dunn stated he agrees with all reasons mentioned and with the
residents who want the sidewalk. He stated he will abstain on this vote
because he concurs with Council Member Butler's comments that we have a
system and process and we should have some means to measurement to go
by before we step outside this process. He stated this budget year was so
tight that we could not give staff raises and we could not hire additional
police. Further, he stated right now there are 11 other projects with
sidewalks involved, two projects underway, six projects that have not been
started and 14 potential projects that have been on the CIP for over three
years with no vision of being started, not to mention the fact that we have
dozens of projects that Council has mentioned and have not been included.
Mayor Umstattd stated she appreciates Council Members Butler and
Dunn's concern; however, she agrees with Vice Mayor Hammier's point that
this would most likely have been included in the original project except for the
concern over the trees.
Council Member Martinez stated there are things that come up
unexpectedly and as a Council you need to look at the situation.
The motion was approved by the following vote:
Town Council Meetinq of May 27.2009
Page 16
Aye: Butler, Hammier, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Dunn abstaining)
b. Authorizing the Town Manager to Execute Change Order No.7 to the
Design Contract for the South Kinq Street Widening Project
On a motion by Council Member Reid, seconded by Council
Member Butler, the following was proposed:
RESOLUTION 2009-064
Authorizing the Town Manager to Execute a Design Change Order for
the South King Street Widening Project
Council Member Reid thanked the Northern Virginia Transportation
Authority for giving the Town stimulus money stating it is a good amount. He
expressed disappointment that the County only received $6 million given the
congestion problems in the County. He stated he would have liked to have
seen more for Leesburg, but the fact that we got something is not bad.
Council Member Dunn asked if there are any other conditions being
placed upon us for receiving these funds.
Tom Brandon stated staff will have to meet certain scheduling
conditions to spend the funds by a certain date and there are also certain
reporting conditions. He stated a staff member will be attending the NVTA
meeting tomorrow to learn more about the reporting conditions.
Council Member Dunn asked if this is the item with the additional 25
percent cost.
Mr. Brandon stated the additional cost is on the engineering contract.
Council Member Dunn asked if the Town is paying for that.
Mr. Brandon stated that cost would be reimbursed.
Council Member Butler asked if the stimulus money is guaranteed or is
there a chance that we will not receive it.
Mayor Umstattd stated the NVTA has recommended this allocation to
the Commonwealth Transportation Board who will have to support the
recommendation in order for the Town to receive the funds.
Council Member Butler asked if the additional 25 percent in
engineering cost is a direct result of receiving the stimulus funding and asked
if we do not receive the stimulus funding, will we then be $200,000 over
budget on this project.
Mr. Brandon stated the additional cost is a result of changes in
standards since we began the project 10 years ago. He stated this is a VDOT
funded project.
Town Council Meeting of May 27. 2009
Paqe 17
Council Member Dunn stated he thought the 25 percent increase was
because the project was being moved forward faster in order to meet
stimulus guidelines.
Mr. Brandon stated the stimulus funds just prompted us to move
forward at this time. He stated if we had moved forward a year from now we
still would have been required to increase the engineering by 25 percent.
Council Member Dunn stated this project is currently funded. He
verified this was the project we were hoping to receive County funding for;
however, the County applied that funding to other priorities. He stated
therefore we had to fund the whole thing and questioned where the additional
funds will come from if we do not receive stimulus funds.
Mr. Brandon stated the Town has VDOT funding to cover the additional
25 percent.
Council Member Dunn verified that funding was not earmarked for
another project.
Council Member Wright stated what we are expediting tonight is the
design so we can get the project moving forward quickly. He stated the
stimulus funds will reimburse us for the design and will also help with the
construction cost.
Vice Mayor Hammier asked if there are ways to request additional
funds to focus on items such as landscaping as Route 15 is part of the
Journey Through Hallowed Ground program, which has federal support.
Mr. Brandon stated there are no specific funds available because it is
part of the Hallowed Ground program. He stated Route 15 is also a Virginia
Scenic Byway and has other designations that it can be eligible for. He
stated the Journey Through Hallowed Ground applied for an All American
Road designation earlier this year which could open up opportunities for
competitive funding.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright
and Mayor Umstattd
Nay: None
Vote: 7-0
c. Authorizing Acceptance of Dominion Virginia Power Offer
On a motion by Council Member Butler, seconded by Council Member
Martinez, the following was proposed:
RESOLUTION 2009-056
Authorizing the Town Manager to Execute A Settlement Agreement
with Respect to the Implementation of the SCC's Order PUE 2005-
00018 Regarding the Construction of the Power Lines in the Town of
Leesburg
Town Council Meeting of May 27.2009
Page 18
Ms. Irby stated all of the terms that were discussed with Council are
incorporated in the agreement.
Council Member Butler asked if this is the right date to do this or
would a delay help or hurt or have no consequence.
Ms. Irby stated there is no benefit to delay.
Council Member Butler stated he feels this is fine and has his full
support.
Council Member Wright stated what we are doing is satisfying any
issues between the Town and Dominion and in no way are we diminishing
individual property rights or superseding individual property owner's rights in
dealing with Dominion.
Ms. Irby stated nor is the Town limiting its ability to help those
property owners with issues that they have regarding Dominion and the
placement of poles.
Vice Mayor Hammier asked to clarify the timeline for endorsement of
this agreement by Dominion if it is passed by Council tonight.
Ms. Irby stated the attorney for Dominion indicated that she spoke
with her client with respect to the terms of the agreement and they do agree
in principal. She stated if there is any significant change then it will come
back to Council. She stated once the Town Manager is authorized to sign the
agreement we will indicate acceptance to Dominion and it will be executed at
that point.
Vice Mayor Hammier stated she will not make any comments until
after this agreement is fully executed.
Council Member Dunn stated this has been a very long process and
many people have worked diligently to keep these poles from coming to
Leesburg; however, unfortunately Richmond and Dominion are joined at the
hip. He stated while the Town staff has done a good job in negotiating some
funds, it is a shame that these funds will seem very small once those towers
go up and affect our view. He stated he will think between now and the time
the vote takes place as to whether or not he will support this even though
these are good funds and should go back to help the taxpayers in some way.
Council Member Wright stated there are a couple of recitations in the
resolution that discuss our efforts to oppose this and read the fourth
recitation, "Whereas, the Town is required by the SCC to acknowledge that
Dominion is allowed to construct the Transmission Line at the locations as
specified below in accordance with the terms as set forth in the attached
settlement agreement and as required by the SCC order; ". He stated despite
our efforts; we have been trumped and by the efforts of the Town working
with Dominion have been able to minimize the impacts as well as offset the
impacts both physically and to some extent financially. He stated this will
never be enough; however, to some extent we have managed to squeeze
something out of what is an impossible situation and is beyond our control.
Town Council Meeting of May 27. 2009
Page 19
Council Member Martinez stated we have been working hard on this
and there have been a lot of people in Richmond that tried to help us fight
these power lines and it was the SCC, not the legislature that decided this.
Mayor Umstattd read the following excerpts of the resolution into the
record:
"Whereas, the Town continues to pursue all remedies that will
minimize the impact of the transmission line including the relocation of poles,
the protection of buffers, the compensation for encroachments, easements
and other damages;"
" Whereas, the Town has determined that there are no legal remedies
available to prevent the implementation of the SCC order and is required to
enter into an agreement that best serves and compensates the Town for the
damages it will incur in this matter;"
" Whereas, at the conclusion of months of negotiations with the Town,
Dominion has agreed to compensate the Town in the amount of
$2,027,300.00."
Mayor Umstattd stated no one is looking forward to these towers being
here in Town and the Town fought a really good fight. She thanked Mr.
Sparks of Dominion Virginia Power for being in attendance stating he has
always been very professional and knows that we are not happy. She stated
unfortunately this is where the state trumps local government. She stated
the Town will continue to work to make these towers less imposing; however,
in the end it is going to be a pretty obvious line through Town.
Council Member Butler stated the electric grid is a big problem and we
are certainly not the only Town facing this or that will face this in the next 50
years. He stated his only hope is that in the next 100 years that transmission
lines like this will no longer be needed and will be ripped down because there
will be some other way to move electricity from one point to another. He
stated this is good as far as we can get.
The motion was approved by the following vote:
Aye: Butler, Hammier, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Dunn abstaining)
13. OLD BUSINESS
a. None
14. NEW BUSINESS FOR ACTION
a. Budget Initiatives - Council Motions as Appropriate
Council Member Wright proposed a motion to adopt the Council
Initiatives and Objectives Chart as presented to Council.
The motion was seconded by Vice Mayor Hammier.
Council Member Wright stated this document reflects at a high level
what we are working on and gives the Town Manager, staff and the
Town Council Meeting of May 27. 2009
Page 20
community direction as to what we are working on and does not get to the
level that we are micromanaging while allowing us to move forward.
Council Member Martinez concurred with Council Member Wright's
comments. He asked if this needs a vote or a consensus.
Mayor Umstattd stated Council Member Wright has asked for a vote.
Council Member Dunn stated he will vote for this to move forward. He
stated he agrees with Council Member Martinez and also agrees with Council
Member Reid that we should pick out a few items that will be the priority of
Council.
Council Member Reid stated he has no problem with the overall chart,
but last year Council adopted specific objectives and that this should happen
this year too. He stated he might bring these back to narrow the objectives
down and it was his intent to bring this back at the next meeting and he may
still do that. He stated there were several Council Members who expressed
interest in these objectives, but perhaps it was a bit too much for some to
swallow all at once. Further, he stated there were some on the list that he
and Mr. Wells worked out so he may be discussing these with Mr. Wells in the
next couple of weeks.
Council Member Dunn stated as Mr. Wells mentioned last night, staff is
going to do it all. He stated he thought Council would select items to focus
on, such as Council Member Wright's comments about getting a handle on
planning, which cannot be done in one meeting. He stated this is great for
staff; however, he questioned where Council's focus going to be.
Council Member Wright stated this gives the broad direction we were
talking about for the budget. He stated as we start discussing items to focus
on we can bring those items to the agenda and work forward with that. He
stated we now have a roadmap to start from and we will continue to move
forward from there.
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 disclosed a meeting with Scott Gustavson of Winward
Commercial and Andy Johnston of Loudoun Cares about the potential purchase of a
building on South King Street for a centralized headquarters for various social
services organizations and also about having the Mason Enterprise Center co-located
there. He stated he does not have any reports from the Economic Development
Commission or Traffic Committee other than the very fine presentation by Mr. Keith
Segerson stating he is all for an incubator in Leesburg. He stated one thing not
mentioned last night is that in addition to the rents and the businesses that would be
there, the Town would receive BPOL revenue from the businesses. He stated that
could help finance some of those costs. He stated he spoke with Guillermo
Sohnleinn today, who helped initiate this idea six or seven years ago, and he is
Town Council Meeting of May 27. 2009
Page 21
helping to set up a private incubator in Silicone Valley and is talking to these people
about coming to Northern Virginia and is pushing them hard to come to Leesburg.
He stated we do not have to be the sole financier of this project. He stated he also
learned from Mr. Sohnleinn that in the City of Bowie, Maryland; the former economic
director for the Town of Leesburg, John Henry King, has just gotten approval from
their Council to set up an incubator. He stated they are only contributing $50,000
and the rest is privately funded. He stated this is a much better use of Town money
than some of the things we are spending money on. He discussed a brochure
handed out at the Business Appreciation Awards and stated he finds it very
interesting that you have to look to the back page to find out it is Leesburg, Virginia
as Sid Lissner mentioned. He stated he thinks that putting money in an incubator
will give us concrete feet on the street and concrete businesses.
Council Member Reid stated he cannot say enough about our new aquatic
center and as he walked from his car hearing the calypso music and seeing the
buffet he felt as if he was at a convention or a swank resort. He stated he spoke
with a mother by the pool after hearing from Rich Williams that the pool was
$200,000 under budget and she was questioning how that can be done in this day
and age. He stated he told her we have a fantastic Parks and Recreation
Department and fantastic people working there such as Rich Williams, Bill Ference
and our entire Commission. He stated they even have an entire schedule worked out
of evening activities at the water park that kids can join. He stated he feels like he is
at his timeshare and is absolutely amazed. He stated he firmly believes we have one
of the best recreation programs, if not the best, in the Commonwealth and maybe
the country. He stated he has never seen such a fantastically well run program and
the water park is just superb. He stated he appreciated the fact that Ms. Evans and
her grandchildren christened the slide. He stated the letter she wrote to the paper
reminding folks of the fact that the fire department filled in the pool in order to keep
it from being integrated. He stated a picture of her and her grandkids along with her
letter should be put on a plaque as a tribute to that as we healed a wound that day
by having her involved.
Council Member Reid stated he attended the Memorial Day service on
Monday, which was very good. He stated next year is the 60th Anniversary of the
Korean War and suggested that in addition to getting flags on the telephone poles as
Council Member Dunn mentioned that we also have a Korean War veteran speak.
Council Member Reid stated he was taken aback by the date 2011 for the ILS
stating it was requested in 2003. Further, he applauded Girl Scout Troop 3765
stating they have been together for five years and were at the Tree Commission
meeting two years ago and presented a nice PowerPoint.
Council Member Butler disclosed a discussion with Andre Fontaine regarding
various planning and zoning issues. He stated he gave blood today and
recommended everyone who qualifies to give blood as often as they can.
Council Member Butler stated the business awards were wonderful and the
aquatic center is unparalleled. He stated he heard a rumor that there were 1,000 at
the aquatic center on Memorial Day.
Council Member Butler stated in the last two weeks he has had the
opportunity to go to some fantastic restaurants in Leesburg that are new. He stated
The Red Kabob Restaurant was great, The Cajun Experience was just wonderful, The
Town Council Meeting of May 27.2009
Page 22
Fractured Prune was terrific, and La Lou Bistro was outstanding. He stated if you
have not been to any of those he would recommend all of them.
Council Member Butler stated his parents were in Town for a few days and he
always likes their perspective in Leesburg. He stated his Dad commented that it did
not appear that the area was much hit by the recession, though he did agree with
Council Member Dunn that there are some buildings downtown that looked like they
could use a little sprucing up. He stated the most interesting this was when he
showed them the different portions of Battlefield Parkway and how it will all
eventually be connected.
Council Member Wright stated Relay for Life is this Saturday and any Cancer
Survivors who are interested can attend the luncheon at 11:00, which is then
followed by the opening of the Relay at 1: 00 with the survivor's lap. He stated those
interested can visit www.westernloudounrelay.org and register to attend. He stated
Relay overall has 51 team, 848 people and $127,000 raised. He stated one of the
other great aspects of Relay is the Luminaria Ceremony at 9:00 where they place
bags around the track in honor of those battling cancer as well as those who have
lost their battle.
Council Member Wright stated everything about the aquatic center is great.
He stated he attended the opening ceremony and was overwhelmed by how well
done it was and how everything looked. He stated he was also impressed that
everyone there knew what they were doing and the ceremony was seamless. He
read an excerpt from an email he sent to Rich Williams after he and his wife went to
the pool, "Please pass along to your team how truly impressed I am with the outdoor
pool. Not only is it a top-notch facility, but as an observer everything ran very
smoothly on grand opening night as well as opening day Saturday. My wife and I
spent a portion of our day Saturday enjoying the pool. We were both struck with the
fact that it was opening day but you would not have known it. Staff knew how to
respond and how to operate all activities seamlessly as if the facility had been
operating for months. You and your entire team are to be congratulated for how well
they have represented the entire department and our community.// He stated he
was further impressed as he drove by the courthouse on Sunday and saw that the
Parks and Recreation Department had set up for the Memorial Day Ceremony on
Monday. He stated the ceremony was great and the Mayor did a wonderful job. He
stated it seemed there were more citizens in attendance this year than the year
before and again that was an effort by our Parks and Recreation events staff.
Council Member Wright stated the Commission on Public Art is continuing to
gain momentum on grants and in finding ways to get public art here. He stated one
of the ideas that had come up is using some of the blank space in Town Hall for art
displays. He stated one of the items under consideration is to possibly demonstrate
the 100 Faces Project by Loudoun Country Day School as well as some quilts with a
fall theme. He stated the Commission asked that this be relayed to Council and it
seems like a good way to get momentum going as we continue to seek grants and
other ways to get larger pieces of public art.
Council Member Martinez stated he also served on Council with Mervin
Jackson who was a great mentor, a great moderator, really believed in the
community and he is going to be missed.
Town Council Meeting of May 27. 2009
Page 23
Council Member Martinez stated the water park is absolutely fantastic, he
stated it did not run as smoothly as Council Member Wright mentioned because when
he left there were still too many people in the pool area not swimming and a line
around the corner of people who wanted to swim. He stated there was a nice long
line on opening day and from what he understands, it continued all weekend. He
stated the 1,000 visitors on Memorial Day was on a shortened day because of the
storms.
Council Member Martinez stated Relay for Life is next weekend and we are
still raising money. He stated there is an opportunity to win golf passes for four and
anyone interested can contact Council Member Wright, Debi Parry or himself.
Vice Mayor Hammier disclosed a conversation on May 12 with Steven
Peterson of Peterson Companies regarding Crosstrails. She stated on May 13 she
received a call from Rich Vaaler regarding Elliot Myers' project in the 1-1 District.
She stated she had a conversation on May 19 with Todd Stottlemyer with Inova. She
stated she had a conversation on May 20 with Mike Banzhaf on the Crosstrails
project.
Vice Mayor Hammier stated the Business Appreciation Awards was an
incredible event highlighting the tremendous energy, entrepreneurial spirit and true
camaraderie in our business community. She thanked the Economic Development
staff and Economic Development Commission for their efforts.
Vice Mayor Hammier stated at the water park opening she was struck by the
wonderful stories of Ms. Symington and stated how thankful we are for her
tremendous gift. She stated the family was so pleased with what we have done as a
community as this represented the true spirit of what she would have wanted to
achieve with this wonderful open ended opportunity. She thanked everyone involved
in the process stating we will be enjoying this pool for years to come. She stated
she has had some comments the long lines for the slides and questions as to why
kids cannot go down at the same time.
Vice Mayor Hammier stated she is sorry that she was not able to attend
Leesburg's Memorial Day service, having attended every year past. She stated she
was in New York City and was able to go to Ground Zero. She stated in and around
Leesburg she was most thankful for the flags put up by the Baptist Church, as they
do every year, and also Smart's Mill Middle School. She stated when she drives by
those flags it impacts her deeply and she thanked all who have served.
Vice Mayor Hammier thanked all of the new restaurants and stated she is
looking forward to the Employee Awards ceremony tomorrow. She thanked the
Leesburg Police Department stating she read an article today in the Loudoun Times
Mirror about a sting the police initiated relative to a West Virginia man.
Vice Mayor Hammier sent her condolences to the family of Mervin Jackson
stating he was a tremendous, gracious man who taught her a lot. She stated most
of all she remembers what he conveyed to her about his deep commitment to staff
as a Council member stating she takes that with her and thanked Mr. Jackson.
Council Member Dunn stated he has stated he regrets not being able to
attend ribbon cuttings, the Memorial Day services, the pool opening and staff
breakfast lately. He stated he feels a special kinship to those going through tough
Town Council Meeting of May 27. 2009
Paqe 24
economic times as it is hitting close to him too. He stated usually each year he and
his sons visit the Balls Bluff cemetery and place flags there as it is the third smallest
national cemetery. He stated three days prior, he had the pleasure of giving a Civil
War tour to a group of cub scouts and mentioned to them the importance of our
national cemetery here in Town. He stated on Memorial Day he went fishing with his
children and relayed how he asked his seven year-old child what that day was and
he replied that this is the day we are able to be here because of the people who
fought for our freedom.
Council Member Dunn stated he has visited The Cajun Experience and has
shared some recipes with the chef. He stated the Cub Scout Den his son is in will be
holding their crossover ceremony next week.
Council Member Dunn disclosed a discussion with Scott Gustavson regarding a
potential property for an incubator on South King Street and with Andre Fontaine
about some ideas for George Mason University and the land that he has.
16. MAYOR'S COMMENTS
Mayor Umstattd disclosed responding to the email sent to Council regarding
the daycare center and church that are interested in the Noland building.
Mayor Umstattd thanked Gert Evans for agreeing to come to the pool ribbon
cutting and encouraging her granddaughters to go down the slide. She stated it was
wonderful and thanked Council Member Wright for sending his email saying he
speaks for everyone on Council. She stated she and her daughter enjoyed the pool
on Sunday. She stated on Friday over 500 people came and Saturday, Sunday and
Monday over 1,000 people a day came. She thanked Jeremy Payne and Kate Trask
for their efforts on the Memorial Day Ceremony. She also thanked Phil Rusciolelli
and Jim McQuary with the VFW.
Mayor Umstattd stated she appreciated Council Member Martinez' comments
on Mr. Jackson stating both he and Council Member Wright worked with Mr. Jackson.
She stated he really was a unique and wonderful individual.
Mayor Umstattd stated Council Member Martinez has asked that we also
thank the Parks and Recreation Commission for the Aquatic Center.
Mayor Umstattd stated the Business Appreciation Awards were wonderful and
commented that we had the largest number of businesses represented there this
year with 250 responses received. She stated there were new categories this year
representing the arts and community service and suggested an additional category
for next year for a business who has done a great deal to help our veterans.
Mayor Umstattd stated Stilson Greene's father has passed away and the
service will be held at Leesburg Presbyterian tomorrow.
17. MANAGER'S COMMENTS
Mr. Wells stated May has been a busy month with the dog park opening, A.V.
Symington Aquatic Center opening, the Business Appreciation Awards and the
Memorial Day Ceremony. He thanked Council for their support of the events and the
work of staff. He stated many times there are a lot of people behind the scenes who
do a lot of work and recognized the Capital Projects staff and Plan Review staff for
working to get the pool open. He stated the new Town website will go live this
Town Council Meetinq of May 27.2009
Page 25
Friday evening. Further, he stated he is looking for volunteers for Acoustic on the
Green concerts beginning on June 13 and asked anyone interested to let him know.
18. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Council Member
Wright, the meeting was adjourned at 9:54 p.m.
Kns C. Umstattd, Mayor
Town of Leesburg
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