HomeMy Public PortalAbout2009_tcmin0714
COUNCIL MEETING
July 14, 2009
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Thomas S. Dunn, II, Katie Sheldon Hammier, David
Butler, Marty Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor Kristen
Umstattd.
Council Members Absent: Council Member Dunn arrived at 8:10 p.m.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Director of
Public Works Tom Mason, Director of Plan Review Bill Ackman, Director of Parks and
Recreation Rich Williams, Deputy Director of Planning and Zoning Brian Boucher,
Assistant Director for Recreation Kate Trask, Deputy Zoning Administrator Wade
Burkholder, Recreation Programs Manager Jeremy Payne, Preservation Planner Annie
McDonald, Recreation Supervisor Rachael Goodwin, Environmental Planner Irish
Grandfield and Management Specialist Debi Parry
AGENDA
1. Call to Order
ITEMS
2. Salute to the Flag Council Member Reid
3. Invocation was lead by Council Member Butler
4. Roll Call showing Council Member Dunn absent.
S. Minutes
a. Work Session Minutes of June 22, 2009
On a motion by Council Member Wright, seconded by Vice Mayor
Hammier, the minutes were passed 6-0-1 (Dunn absent).
b. Regular Session Minutes of June 23, 2009
On a motion by Council Member Butler, seconded by Council
Member Wright, the minutes were passed 6-0-1 (Dunn absent).
6. Adopting the Meeting Agenda (Amendments and Deletions)
On a motion by Council Member Martinez, seconded by Vice Mayor
Hammier, the meeting agenda was adopted as presented.
The motion was passed by the following vote:
Aye: Butler, Hammier, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Dunn absent)
7. Presentations
a. Independence Day Parade Awards & Leesburg Today Patriot Cup
Presentation
On a motion by Council Member Martinez, seconded by Vice Mayor
Hammier, the following awards were presented by a vote of 6-0-1 (Dunn
absent) :
Town Council Meeting of July 14. 2009
Page 2
Most Creative 15 & Over - Shiela Jones
Most Creative 14 & Under - The Drupa Family
Best Interpretation of Theme 15 & Over - Caulkins Jewlers
Best Interpretation of Theme 14 & Under - The Scarborough and
Anderson Families
Best Walking 15 & Over - Antebellum Ladies
Best Walking 14 & Under - The Smith, Klemm and Koehler Families
The Patriot Cup - The Goddard School
b. Certificates of Recognition - Relay for Life: Government Steps Team
On a motion by Council Member Martinez, seconded by Council
Member Wright, Certificates of Recognition were awarded to the following
Government Steps Relay for Life Team Members for their dedication to the
fight against Cancer:
Co-Captain Kevin Wright
Co-Captain Debi Parry
Debbie Cooke
Nancy Fixx
Terry Frye
Renee LaFollette
Doris Martinez
Abagail Oster
Andy Oster
Bob Twigg
Wendy Wickens
Co-Captain Marty Martinez
Annie Carlson
Carrie Curry
Mary Frye
Lee Ann Green
Jennifer Marcus
Betsy Mayr
Adam Oster
Keri Oster
John Wells
Dena Wright
c. Environmental Advisory Commission Annual Report
Neely Law, Environmental Advisory Commission (EAC) Chair,
provided the EAC's Annual Report to Council. She outlined the three roles
of the Commission including Administrative, Advisory and Education and
Outreach. She discussed the EAC Strategic Plan and the four major goal
areas including promoting and supporting environmentally sound land
development practices, improving strategic communication and
collaboration, promoting good stewardship practices and encouraging the
increase and diversification of resources. She stated the Commission was
involved in Town Plan and Zoning Ordinance amendments, the Building a
Greener Leesburg Symposium, the Town's 10 percent Energy Reduction
Plan and legislation to promote the reforestation of the Town. Further, she
stated the Commission was involved in education and outreach programs
including participation in the Flower & Garden Festival, the Keep Leesburg
Beautiful annual town-wide clean-up, the Change-A-Light Campaign, rain
barrel workshops and the residential lawn care workshop in addition to two
community tree planting projects which resulted in 566 trees, plants and
shrubs planted in Town.
Town Council Meeting of July 14. 2009
Page 3
8. PETITIONERS
The Petitioners section was opened at 7:58 p.m.
Kelly Burk. Loudoun County Board of Supervisors, commended Chief Price and
the Leesburg Police Department for their efforts in safely negotiating the release of
the hostages on July 10 and the Sheriff's Department for assisting Chief Price in those
efforts.
Supervisor Burk also discussed the issue of limestone in the Town of Leesburg
and Ms. Jennifer Adams' request for assistance from the Town in funding a
Geophysical report for her home. She cited other examples of limestone issues in
Leesburg including the construction of the Potomac Station Giant, a tree in Exeter and
a hole that appeared in Route 15. She encouraged the Town to create a Limestone
Overlay District, stating the County is also in the process of doing this. She thanked
Council for their service to the Town of Leesburg and for allowing her to speak
tonight.
Mayor Umstattd thanked Supervisor Burk for her efforts on behalf of the
Town's residents.
Jennifer Adams. 607 Nathan Place, provided a PowerPoint presentation
showing photos of her patio, retaining wall and fence in her back yard which are
sinking potentially as a result of a limestone sinkhole on her property. She stated this
problem was identified in May when she hired a landscaper to do some work in her
back yard. She stated several of her neighbors have noticed similar issues. She
stated Senior Project Manager Lee Philips sent her pages from the builder's
application which shows voids that were present in 1984. She stated the local
governments are aware that there are limestone issues here; however, there are no
protections in place for homeowners dealing with this type of situation. She stated
utility and drainage issues have been ruled out as causes. She stated the County Soil
Scientist Alex Blackburn did not find evidence of improper backfill but did find surface
fractures as a result of quick settling and recommended the geophysical study. She
requested assistance in funding the geophysical study of six lots on Nathan Place at a
cost of $1,860, a tax credit for residents dealing with these issues as there was no
disclosure from the local government at the time of purchase. Further, she suggested
that the Town consider regulations to support disclosure for homebuyers in this area
so that they can protect themselves with insurance.
Mayor Umstattd stated the pictures do not do justice to the condition of Ms.
Adams's yard. She stated Council is very interested in what the County is doing with
its Limestone Overlay legislation and the Town Attorney will continue to work with Ms.
Adams on this issue. Further, she stated she cannot promise anything from the Town
at this point; however, the Town is seriously looking at the issues raised by Ms.
Adams.
Terrv Titus. 805 Wage Drive. congratulated the Leesburg Police, Loudoun
County Sheriff's Department and the Virginia State Police for their efforts in resolving
the hostage situation on July 10. He expressed concern that the Wage Drive drainage
project still has not been constructed despite promises that it would be completed at
this point. Further, he stated six years ago he noticed a car sitting on South Harrison
Street in front of the European Service Center and the car is still there despite his
calls to the police and Town Manager to have it removed.
Town Council Meeting of July 14. 2009
Page 4
Mayor Umstattd asked Mr. Wells to provide an update to Council on Mr. Titus's
concerns.
Councilmember Reid noted that according to a handout from Mr. Wells, the
Wage Drive project will be starting in September.
Stephen De Angioletti. 408 Georgetown Court, stated Mayor Umstattd has
nominated him to serve on the Parks and Recreation Commission. He stated he is
Supervisor Kelly Burk's appointee to the Loudoun County Parks and Recreation
Commission and has been a liaison to the Leesburg Commission. He thanked Council
for this opportunity. He stated Loudoun County posts their commission agendas and
minutes on their website and stated he would like to see Leesburg do the same.
Further, he asked Council to watch the Douglas Community Center funding during the
next County budget cycle to ensure this valuable resource remains open in Leesburg.
Chuck Shotton. 232 Edwards Ferry Road. expressed concern at the inaction
and lack of planning on the part of the Town Council and Town Manager that he
believes let the events of Friday, July 10 happen. He stated he was one of the people
who were shot at on Friday by the suspect just three houses down from where his
children were playing in their front yard. He stated there were no officers nearby
when this happened. He expressed concern that it took three hours for residents to
be notified of this event while he was able to update his blog in 60 seconds. He stated
he is glad that Council supported Chief Price's request to get more officers on the
street during the next 90 days; however, that does not solve the problem. He stated
Council Members Reid, Butler and Dunn were the only members who voted to
increase the number of police in the current budget. Further, he asked Council to
reconsider the allocation of expenditures in the FY 2010 budget to fund additional
police officers.
Melanie Miles. 206 Wirt Street, supported Mr. Shotton's comments. She stated
she walks her German Shepherd downtown everyday as a form of protection. She
stated years ago there was a police dog presence in Town and she is not sure if the
Leesburg Police Department uses dogs anymore for this purpose. She stated when
she walks downtown her dog is welcomed everywhere she goes including Town Hall.
She stated discussed the sense of security and respect that she saw in other people
as she walks a dog downtown. She suggested a visible police presence downtown
with a dog, which could increase the sense of security downtown and also aid in
apprehending perpetrators.
Jacob Reider. 504 Valley View Avenue. expressed concern with the potential
removal of the barricade on Valley View Avenue. He stated this is a quiet
neighborhood where the speed limit is 25 miles per hour and children can play in their
yards or at the basketball hoop at the end of the street. He expressed concern that
removal of the barricades could affect the residents' quality of life and property
values. He stated it is not essential to open this road and asked that the barricades
remain in place.
Linda Elliott. 501 North Street. stated she is one of the corner houses at the
traffic circle at North Street and Catoctin Circle. She stated she heard there is
discussion of removing the Lowenbach barricades before the planned improvements
are installed and urged Council to keep the barricades in place until the improvements
are made.
Town Council Meeting of July 14. 2009
Page 5
Wendy Overton. 217 Catoctin Circle. stated she appreciates Mr. Reider's
comments. She stated that is exactly how the residents of Lowenbach felt and where
they started from in getting to where this project is now. She stated her husband is
a police officer and she was disheartened by some of the comments made earlier.
She stated our police officers put their lives on the line for everybody and
commended all of the officers involved in the operation on July 10 as well as their
families. Further, she stated the residents of Catoctin Circle are happy with staff and
Council's support and asked that the Lowenbach barricades not be removed until all
improvements are in place.
Gabe Kellerman. 208 Edwards Ferry Road. she stated her office is across the
street from where the first shot took place and she was a witness to some of the
things that went on. She expressed concern with the fact that an armed private
citizen chased the suspect. She stated in talking with other private citizens and
business owners in this area she learned that some were so unraveled by this event
that they are beginning to arm themselves in anticipation of crime in their homes and
plan to take the law into their own hands. She stated the Leesburg Police
Department did a wonderful job; however, when they first arrived at the scene she
was concerned as she saw them waiving automatic weapons around and shouting at
residents to get into their houses. She stated as part of her business she works with
officers in another jurisdictions who periodically have to respond to situations such as
this. She suggested some sort of exchange program where the Leesburg officers
could learn from officers further east who respond to these types of situations on a
more frequent basis.
Ron Rust. Thomas Birkbv House, stated he believes Mr. Shotton's comments
were not meant to be critical of the police department, rather his criticism was
directed at the need for more support for the police department. He suggested
anyone with questions should visit Mr. Shotton's blog as he has been extremely
complimentary of how the police handled the events on July 10.
Martha Robin. 141 Woodberry Road. expressed concern that the Town should
be quicker to notify residents and businesses of dangerous situations in Town. She
suggested that there be a siren that could have been sounded in the event of a
situation such as what occurred on July 10. She stated she did not receive an alert
about the July 10 events until two hours after she and her husband saw the
helicopters circling and the same thing happened when the BB&T bank was robbed.
Bridget Bangert. 857 Santmyer Drive. expressed her opposition to the
proposal for Council involvement in assisting the local businesses fix their fac;ades in
the historic district. She stated she is concerned with the idea of government
becoming involved in private property. She stated visitors come downtown for the
businesses and amenities rather than the building fac;ades. Further, she suggested
an HOA type of arrangement to allow the property owners to address this without
government involvement.
The Petitioners section was closed at 8:51 p.m.
9. ADOPTION OF THE CONSENT AGENDA
On a motion by Council Member Dunn, seconded by Council Member Butler,
the following consent agenda was proposed:
Town Council Meeting of July 14. 2009
Paoe 6
a. Appropriation of Settlement Funds from Tyree Organization. LTD. to the
North Apron Development Phase II Project
RESOLUTION 2009-78
Appropriation of Settlement Funds from Tyree Organization, L TD, to the
North Apron Area Development Phase II Project
b. Approval of Contract to Purchase Software for the Northern Virginia
Reoional Gang Task Force
RESOLUTION 2009-079
Approving Amendments to the FY 2010 General Fund Budget, and
Making Appropriations for $118,058 Awarded through the Department
of Justice 2009 Grant to the Northern Virginia Regional Gang Task
Force
c. FY09 Justice Assistance Grant (JAG)
RESOLUTION 2009-080
Approving the Police Department's Plan to Utilize the FY09 Justice
Assistance Grant (JAG) in the Amount of $14,186 for the Purchase of
Mobile Computers for Police Vehicles
d. Dog Days in Leesburg Waiver Request
RESOLUTION 2009-081
Waiving the Special Event Permit Fees for 2009 Dog Days Event in
Downtown Leesburg on October 18, 2009
e. Authorization of Issuance of a Sign Permit pursuant to Section 15.9.7
Unusual Site Constraints of the Town of Leesburg Zoning Ordinance
RESOLUTION 2009-082
Authorizing the Issuance of a Sign Permit Pursuant to Zoning Ordinance
Section 15.9.7 Unusual Site Constraints for the Comfort Inn Hotel
Situated at 80 Prosperity Drive, S.E., on Property Identified by Loudoun
County Land Records as Parcel Identification Number 189-46-9818
f. Authorizing an Agreement with Fricols. LC. Regarding Sewage Disposal
on the Property Known as Parcell-A. CBRE Holding Company
Subdivision
RESOLUTION 2009-083
Authorizing an Agreement with Fricols, LC, Regarding Sewage Disposal
on the Property Known as Parcell-A, CBRE Holding Company
Subdivision
g. Village at Leesburg Comprehensive Site Plan
RESOLUTION 2009-084
Approving the Comprehensive Sign Plan, Specifically the Oversized
Monument and Wall Signs, at the Village at Leesburg
Town Council Meeting of July 14. 2009
Paoe 7
h. Makino an Appointment to the Commission on Public Art
RESOLUTION 2009-085
Making an Appointment to the Commission on Public Art - Maggie
Steinhilper
i. Making an Appointment to the Parks and Recreation Commission
RESOLUTION 2009-086
Making an Appointment to the Parks and Recreation Commission -
Stephen De Angioletti
The Consent Agenda was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright
and Mayor Umstattd
Nay: None
Vote: 7-0
10. PUBLIC HEARINGS
a. Amendments to the Zoning Ordinance - Articles 2. 3.4. 7. 8. 9. 11. 12.
15 and 17 (H-1) Reconciliation
The public hearing was opened at 8:54 p.m.
Wade Burkholder stated on January 27 Council passed Resolution
2009-012 approving comprehensive revisions to the Old and Historic District
Design Guidelines and Resolution 2009-13 initiating amendments to the
Zoning Ordinance to reconcile differences between the Zoning Ordinance and
the revised design guidelines. Further, he stated these proposed Zoning
Ordinance amendments bring consistency between the two documents.
He outlined the amendments to the Zoning Ordinance and stated on
June 24 the Planning Commission recommended approval of TLOA-2009-0001
as presented this evening by a 5-0-2 vote.
Council Member Dunn stated there are a few references in this
document to the H-2; however, given that no decisions have been made
regarding the H-2, seems it is therefore appropriate to denote the H-2 in this
document given this document can be amended.
There was discussion of whether staff could be solely responsible for
the approval of comprehensive sign packages and Ms. Irby stated that would
be at Council's direction.
Vice Mayor Hammier stated the language used in the document seemed
to be Orwellian.
Council Member Butler verified both the Board of Architectural Review
(BAR) and Planning Commission have reviewed and approved these
amendments.
Council Member Reid stated Council has discussed restricting review to
items only visible from the street or the fac;ade of a building.
Town Council Meeting of July 14. 2009
Page 8
Annie McDonald stated if Council wants to go down the regulatory path
The change can be made at a future date.
Council Member Reid asked if he could make an amendment to say
"with the exception of such items that are not viewed from the right-of-way."
Ms. Irby stated if Council is inclined to make this change it should be
vetted through the BAR and Planning Commission and then advertised.
Council Member Reid verified the issue of the 24 month lapse on
approval of the Certificates of Appropriateness will come before Council in
September or October. He expressed concern of a duplication of effort by not
having all of the amendments in the same ordinance and that a number of
Certificates of Appropriateness may expire before the amendment is made.
Mr. Boucher stated staff would not prevent anyone from proceeding
with their project if their Certificate of Appropriateness were to expire in
the next couple of months and they were meeting all of the conditions.
It was the consensus of Council to discuss the issue of limiting review
to what is visible from the street at a future meeting.
There were no speakers.
The public hearing was closed at 9:21 p.m.
On a motion by Council Member Martinez, seconded by Council Member
Wright, the following was proposed:
ORDINANCE 2009-0-010
Amending the Zoning Ordinance for Article 2 Review and Decision
Making Bodies, Article 3 Review and Approval Procedures, Article 4
Zoning Districts (in General), Article 7 Overlay and Special Purpose
Districts, Article 8 Planned Development Districts, Article 9 use
Regulations, Article 11 Parking, Loading and Pedestrian Access, Article
12 Landscaping, Screening, Open Space and Lighting, Article 15 Sign
Regulations and Article 17 Enforcement and Penalties
Council Member Reid stated he will vote against this item because of
concern that there could be cases where people in the future could be asked to
submit an application for a driveway.
Aye: Butler, Dunn, Hammier, Martinez, Wright
and Mayor Umstattd
Nay: Reid
Vote: 6-1
11. ORDINANCES
a. None.
12. RESOLUTIONS
a. SRTC Recommendations - Valley View Drive Barricade
This item was deferred to the July 28 Council Meeting.
Town Council Meeting of July 14. 2009
Page 9
13. OLD BUSINESS
a. Fa<;ade Improvement Program Resolution
On a motion by Council Member Wright, seconded by Council Member
Dunn, the following was proposed:
RESOLUTION
Requesting the Economic Development Commission to Develop a Pilot
Program for a Fac;ade Improvement Program
Council Member Wright stated he drafted this resolution to capture
some of the concerns discussed with this issue. He stated the resolution calls
for the Economic Development Commission to identify the next steps for such
a program and specifically addressing alternatives to tax funding and eligibility
for the program. He stated if this is something we do want move forward then
Council should support this; however, if Council has concerns about moving
forward then it needs to be mindful of the staff and Commission time involved.
Mayor Umstattd stated she could support the resolution if we can
include language to state the program will not use tax funds.
Council Member Dunn stated he has always suggested that parking
meter funds be used for this program rather than taxpayer funds. He stated
we do have a historic Town that deserves to be preserved and something
needs to be done or our buildings will continue to crumble.
Council Member Reid expressed concern that there are dilapidated
buildings outside the Historic District that would not be eligible for this
program. He also expressed concern with the current work load of the EDC
and economic development staff stated he would not like to add another item
to their workload at this time. He stated even if the resolution were amended
to indicate no taxpayer funds will be used, it could still lead to a situation
where Council is asked to fund this in the future.
Vice Mayor Hammier stated it is essential that we as a Town focus on
the downtown authority or management association that will take the lead on
this program and made a motion to table this resolution until such time as an
authority is created to administer this program.
The motion was seconded by Council Member Reid.
The motion to table was approved by the following vote:
Aye: Butler, Hammier, Martinez, Reid and Mayor Umstattd
Nay: Dunn and Wright
Vote: 5-2
b. Utility Rate Public Hearing Ad
Ms. Irby stated the draft ad provided for Council's consideration does
not propose any specific rates; rather, it indicates an anticipated rate increase
along with reasons why that would occur.
On a motion by Council Member Wright, seconded by Council Member
Butler, the following was proposed:
Town Council Meeting of July 14. 2009
Page 10
MOTION
Directing the Town Attorney to place an advertisement in the
newspaper for a public input session on proposed utility rate increases
at the July 28, 2009 Council Meeting.
There was discussion regarding the need to vote on direction to place a
public input session advertisement. Council expressed support for the
proposed ad without any stated rates at this time while encouraging the public
to attend. There was also support for advertising in both the Loudoun Times-
Mirror and Leesburg Today.
Council Member Reid asked if the Utility Rate Advisory Committee
(URAC) recommendations can be advertised.
Ms. Irby stated the URAC recommendations do not have anything to do
with the opinion that was issued by the court.
Council Member Reid verified Council can look at the recommendations.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright
and Mayor Umstattd
Nay: None
Vote: 7-0
c. Rules of Order Discussion
Vice Mayor Hammier proposed an amendment to postpone this
discussion to the September 8 Council Meeting.
There was Council discussion as to whether this motion is appropriate
or should have been made when the agenda was set.
The motion was seconded by Council Member Martinez.
Council Member Dunn stated this goes back to the discussion of how
these items get on the agenda if members continue push them off the agenda.
The motion to table was approved by the following vote:
Aye: Butler, Hammier, Martinez, Reid, Wright and Mayor Umstattd
Nay: Dunn
Vote: 6-1
d. Changes to the Holidays in Leesburg Program
Kate Trask outlined proposed changes to the Holidays in
Leesburg Program including holding the Tree lighting Ceremony on
December 4 at 6:00 p.m. in conjunction with the First Friday festivities
and moving the parade and festival to daytime events on December 12.
Other changes included expanding the festival throughout downtown
Leesburg. She stated these changes will reduce operational costs
provide greater exposure to all downtown businesses, create a multi-
week event and provide cross-promotional opportunities.
Town Council Meetino of July 14. 2009
Page 11
Jeremy Payne provided a map showing where the different
festival events would be spread throughout the downtown.
Ms. Trask outlined next steps including meeting with the key
business stakeholders and will begin securing entertainment for the
events. Further, she unveiled the new Holidays in Leesburg logo.
On a motion by Council Member Wright, seconded by Council
Member Martinez, the following was proposed:
MOTION
Endorsing the recommended changes to the Holidays in Leesburg
prog ra m
Council expressed support for the changes. There was discussion about
inviting students from each of the elementary schools to decorate the trees
rather than limiting the decorations to two schools and providing locations
where people can drop off food for Loudoun Interfaith Relief. There was also
discussion regarding encouraging the businesses to remain open during the
festivities.
It was suggested that bags be placed on the parking meters downtown
during the holiday parking program to indicate that all proceeds would be
donated to charity or that parking fines during the holidays be collected in the
form of toys for Toys for Tots.
Council Member Reid stated he hopes that the festivities will still
include the lighting of the Hanukkah menorah.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright
and Mayor Umstattd
Nay: None
Vote: 7-0
e. PATH Powerline Information
On a motion by Council Member Dunn, seconded by Council Member
Butler, the following was proposed:
MOTION
Authorizing the Mayor to send a letter to Congressman Wolf indicating
opposition of the PATH Powerlines and support for his proposed
"interstate compact"
Council Member Dunn provided pictures showing the path of the
powerlines through northern Loudoun County and stated a meeting will be held
in Neersville on July 16 regarding the powerlines.
The motion 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 July 14. 2009
Page 12
f. Flao Disolay Update
Tom Mason stated there are currently 18 flags in the downtown area
one block east, west, north and south of the King and Market Streets
intersection. He provided a map showing the flags extended west to Morven
Park Road, north to Oakcrest Manor Drive, east to the "Y" and south to Fairfax
Street. He stated this would result in 110 additional flags and bracket at $50
each. It stated it takes approximately 30 minutes to install each bracket and
several days will be needed to put the flags up and take them down. He asked
for Council direction on how to proceed.
Council Member Dunn stated even if the number of flags is limited, he
would like to see them spread out along the major arteries all the way down
Market Street, along Battlefield Parkway and possibly Fort Evans and Edwards
Ferry Roads.
There was discussion of the ownership of poles in the Town with Mr.
Mason clarifying that the light poles are owned by NOVEC or Dominion and the
overhead line poles are owned by NOVEC, Dominion or Verizon.
There was also discussion of considering South King Street from
Loudoun Street to Davis Avenue, East Market Street from Church Street to
Plaza Street. Further, it was suggested that staff negotiate with the owners of
the poles to have the flags flown on the week before and the week after
designated holidays.
Mr. Mason stated Verizon indicated it would be easier for them to
authorize short term placement of the flags. He expressed concern for the
staff resources needed to install and remove the flags for four or five holidays
during the year. He stated since no funds are allocated for this program
another approach would be to pick a number of flags that can be purchased for
a minimal amount and expand the program over a few years.
There was discussion regarding the opportunity to look for sponsors for
the flags and concern for the staff resources needed for this program. There
was also discussion of a phased in approach for the flag program expansion.
Further, there was suggestion that a small number of flags spread throughout
the Town would catch more attention than a long string of 35 flags in a row.
There was discussion regarding the history of the flags displayed in
Town and question as to how other towns such as Purcellville have received
permission for their flag displays. It was also suggested that a large flag be
placed on the new overpass and the flyover if permitted by VDOT.
Mayor Umstattd expressed support for Council Member Dunn's
suggestions stating she is also mindful of the imposition on staff. She asked
that Council be provided with a cost estimates for the other proposals
suggested.
g. Council Proiect Priorities
Mr. Wells provided charts outlining the work program for the entire
town above the normal course of business as directed by Council. He asked
that Council review the charts to determine if deadlines or priorities need to
change.
Town Council Meetino of July 14. 2009
Page 13
It was suggested that these charts be displayed in the hallway along
with the Council roadmap. Further, Council asked that the information
provided on the Capital Improvements chart be provided to Mr. Terry Titus to
address his concern regarding the status of the Dry Mill/Wage/Anne project.
14. NEW BUSINESS FOR ACTION
None
15. COUNCIL COMMENTS
Council Member Reid: Stated Mike Lunsford, the Director of Transportation for
Loudoun County Public Schools died on July 8. He stated he enjoyed working with him
and Evan Mohler to get the driveway widened at Cool Spring Elementary and this was
a great loss for the community.
Council Member Reid stated he had the privilege to march in the July 4 parade.
He stated he has no complaint with businesses and political groups being in the parade
but is concerned the Council does not march together. He commended the changed
schedule for holiday activities.
Council Member Reid stated he never thought that someone would pull off a
crime like the hostage situation that occurred on Friday. He stated he is grateful for
the police and the assistance of other jurisdictions. He stated it is important for us to
learn from this situation and see what we can do better. He stated he hopes that Mr.
Wells and Chief Price listen to what people have to say as this proves the police
department is understaffed. He clarified that the Council unanimously supported two
new officers during the budget. He stated he and Council Members Dunn and Butler
supported reprioritizing, taking funds from economic development advertising, Balch
Library and milling and paving to add two more officers. He stated we cannot pretend
to be a small town anymore; while we may have small town charm and small town
values, but we seriously have to reprioritize the budget noting this year's budget
priorities seemed to be more about maintaining people's jobs than anything else. He
stated we have to focus on what is more important for the community; which is safety,
police, economic initiatives, and investing in infrastructure.
Council Member Reid stated he brought the Sycolin Road Flyover discussion up
to staff and had them put it forth as a staff initiative because he was afraid if it came
from him, he would have to get support from other Council Members. He stated we
need to be proactive, not reactive and we should not jump down people's throats if
they dare criticize or make a comment to the otherwise.
Council Member Butler stated he has said enough about last Friday. He stated
the Technology and Communication Commission has been discussing social media. He
stated a post on Facebook or a Tweet could go a long way to improving communication
and he will be bringing this subject up at the next Technology and Communication
Commission meeting.
Council Member Butler stated the EAC is a world class commission and their
accomplishments show how proactive they have been. He stated the entire
commission and staff liaison, Irish Grandfield, are very hard working.
Council Member Wright disclosed a meeting with Pulte Homes in regards to
their Proffer Amendment application that will come before the Planning Commission for
public hearing.
Town Council Meetino of July 14. 2009
Page 14
Council Member Wright reminded everyone that Council still has openings on
the Commission on Public Art. He suggested press releases to assist in garnering
interest in serving on Boards and Commissions.
Council Member Wright stated it was good to see the cooperative process work
between our police, the county sheriff's department and the state police since all are
supported by our tax dollars. He applauded the way the Belotes handled the situation
and stated it says a lot about the character of people in our community. He stated he
appreciated Council Member Reid's clarification of Council actions during the budget
sessions regarding manpower and staffing for the police department. He agreed there
are lessons to be learned. He clarified there has never been a point in time that
Council has denied Chief Price resources he requested. He noted the consistent
message from the community is a need for improved communications, but expressed
the need to improve communications without tying up a sworn officer.
Council Member Wright stated the Rust Library re-opening was absolutely
packed and the wide array of resources at the library speaks to Ms. Symington's
legacy for the community. He stated she would be very pleased with how her gift was
used.
Council Member Martinez stated the Council has never turned down a request
from Chief Price for resources. He stated Council has always been very supportive of
public safety. He stated one of the petitioners made a valid point - the Town needs to
be prepared for this type of event even though it doesn't happen every day. He
suggested getting information from other local jurisdictions. He commended the police
department stating they are there to serve us and are always there when we need
them.
Council Member Martinez stated the July 4th parade was fantastic. He stated
the Rust Library is also fantastic and he appreciates the gift from Ms. Symington and
the goodwill it has created.
Vice Mayor Hammier thanked Sandy Delhez for the generous contribution to the
R.O.C.K. program. She noted the police software that was approved tonight is
completely funded by grant donations.
Vice Mayor Hammier stated she appreciates Council Member Butler bringing up
the issue of social media with the Technology and Communications Commission. She
stated communication with the public is very important and perhaps a siren might be a
good idea. She noted we are close to Washington DC and there are a number of
things that could happen. She stated a siren would alert residents to go to multiple
places for information.
Vice Mayor Hammier stated she loves the fact the police department
community meeting was listed on the website, but noted it only stated it was a District
meeting. She stated people might not be aware of which district they reside in. She
stated we need to follow-up on many issues including the authority of the police to be
on private property. She stated this is a time of healing when the community can
discuss the issues in a rational manner.
Vice Mayor Hammier noted she was driving up Route 15 and saw big billboards
in Prince William County indicating they are using tax money to pay for the road
Town Council Meeting of Julv 14. 2009
Page 15
improvements. She stated this is a great idea to give credit to the taxpayers for
taking on the burden for transportation improvements.
Vice Mayor Hammier questioned how much the town is allocating for museum
repairs and how the town became responsible for those repairs.
Vice Mayor Hammier reiterated her deep appreciation for all the other
jurisdictions that came forward to assist on July 10.
Vice Mayor Hammier congratulated the 8U Freedom Girls Softball team and
stated the fireworks and Rust Library opening were awesome.
Vice Mayor Hammier stated Mike Lunsford was deeply beloved by everyone in
the school system and sent her condolences to the family.
Council Member Dunn stated the most important words he has learned in his
life are "I am responsible". He stated this causes a person to look at things very
differently and as a Council Member, it makes him look at things that happen in the
community differently. He stated he has to take on what happens in the community
as his responsibility. He stated each Council Member should look at what they could
have done differently to help prevent this. He stated Council Members need to make
tough decisions. Further, he stated he will not point any fingers at anyone because he
is responsible.
16. MAYOR'S COMMENTS
Mayor Umstattd stated the Malacarne family who lives in Tavistock has a
daughter, Allison, who is a special needs child and is now almost an adult. She noted
despite Allison's difficulties including deafness, she has organized a collection point at
the Coffee Bean for various items to send overseas to the troops and collects the
donations. She stated Allison has also been visiting the residents of the Long Term
Care Facility at the Cornwall Campus and brings great joy to the residents there.
Mayor Umstattd congratulated Grand Master Choi of U.S. Tae Kwon Do for the
13 students who won at the Junior Olympics. She stated this is unprecedented in this
part of Northern Virginia. She thanked Tiger Claw Tae Kwon Do for providing body
guards for her last week. She stated they did a wonderful job of protecting her.
Mayor Umstattd stated Stilson Greene has commended the Town's Parks and
Recreation Department for helping with Acoustic on the Green. She stated they have
done an excellent job and thanked all the volunteers who have participated.
Mayor Umstattd thanked Council Member Reid for pushing for the Sycolin Road
Overpass as a top priority. She noted former Mayors Clem and Webb and all Councils
have pushed for this as a priority.
Mayor Umstattd stated Prescott Engle showed a lot of bravery in following the
suspect on July 10. She stated there were a total of three shots fired by the criminal,
one at the jewelry store, one at Prescott Engle, and one at the Belote's home. She
stated the Belotes are great heroes and wonderful people. She stated it helped that
everyone in town was praying for the Belotes - all religions and all faiths. She stated
the other family does not get mentioned as much and they do not wish to be
mentioned by name; however, they are heroes as well. She thanked the neighbors on
Valley View Avenue that allowed the police to use their homes for staging areas and
Town Council Meeting of July 14. 2009
Page 16
bathroom breaks. She noted that two families vacated their homes and allowed them
to be used as staging areas for the police.
Mayor Umstattd stated the Town's police officers are very well trained. She
noted they train with other departments all the time and share information with other
departments as shown by how quickly Chief Price was able to get assistance from
other jurisdictions. She stated Chief Price and his department are well known and
respected throughout area law enforcement. She added every member of Council that
voted for the budget voted to divert money out of economic development to the police
department and noted that if stimulus funds are not granted for two additional officers,
she is confident Council will find the funds to cover the new hires.
17. MANAGER'S COMMENTS
Mr. Wells wished Ms. Irby a happy birthday. He noted the 90-day fund
allocation for the core business police officer presence is a bridge to provide overtime
hours until two new officers can be hired and trained. He noted those two additional
officers are over and beyond what has already been approved in the budget.
Mr. Wells stated the only agenda item for the next work session on July 27 is
the water rate discussion. He discussed how the traditional design text amendment
will affect workloads. Further, he stated the FAA will be visiting the Airport with 12
guests from the Chinese Aviation Administration.
Council Member Reid verified the Core Business area police officers will be
patrolling on bike, foot, or in a vehicle depending on weather conditions.
18. CLOSED SESSION
None
19. ADJOURNMENT
On a motion by Council Member Butler, seconded by Vice Mayor Hammier, the
meeti ng was adjou rned at 11: 14 p. m.
~--r~~
. . t . U stattd, Mayor
Town of Leesburg
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Clerk of COUfl
2009_ TCMIN071