HomeMy Public PortalAbout2009_tcmin1027COUNCIL MEETING
October 27, 2009
Council Chambers, 25 West Market Street, 7:30 p. m. Mayor Umstattd presiding.
Council Members Present: Thomas S. Dunn, II, Katie Sheldon Hammler, David
Butler, Marty Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor Kristen
Umstattd.
Council Members Absent: None
Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Town
Attorney Jeanette Irby, Director of Public Works Tom Mason, Director of Parks and
Recreation Richard Williams, Airport Director Tim Deike, Deputy Director of Planning
and Zoning Brian Boucher, Assistant to the Town Manager Kathleen Leidich, Senior
Planner Michael Watkins and Clerk of Council Lee Ann Green
1. Call to Order
2. Invocation was lead by Council Member Dunn
3. Salute to the Flag was lead by Cub Scout Pack 256
4. Roli Call showing all members present.
5. Minutes
a. Work Session Minutes of October 13, 2009
On a motion by Council Member Martinez, seconded by Council
Member Butler, the minutes were passed 7-0.
b. Regular Session Minutes of October 14, 2009
On a motion by Council Member Butler, seconded by Council
Member Wright, the minutes were passed 7-0.
6. Adopting the Meeting Agenda (Amendments and Deletions)
Council Member Martinez made a motion to adopt the meeting agenda
as presented. The motion was seconded by Vice Mayor Hammler.
The motion to adopt the meeting agenda passed by the following vote:
Aye: Dunn, Butler, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
7. PRESENTATIONS
a. None.
8. PETITIONERS
The Petitioners section was opened at 7:34 p. m.
Liz Whiting, 241 Edwards Ferry Road, stated she would like to publicly
commend the Town Attorney, Jeanette Irby, for the information she has gathered to
Town Council Meeting of October 27 2009 Page 2
put together the election change item. She stated several of the towns she
represents have questions about the same subject. She stated with regards to
minimum public improvements in capital projects, the Council has very hard decisions
to make. She stated a minimum default setting should be agreed upon before public
funds are expended on a capital project and should be applied to all projects.
Linda Shotton, 232 Edwards Ferry Road, stated she understands the
Woodberry Road sidewalk was deleted from the capital project. She stated the
Woodberry Road neighborhood does not consist just of the houses on the street, but
the surrounding residents that use Woodberry Road to get to other places. She
stated she walks that street all the time. She stated there is a fair amount of traffic
and there is a definite consideration for safety on that road. She requested Council
reconsider the position taking into consideration the entire neighborhood.
Gloria Bradley, 830 Bow lake Place, Heritage High School Project Graduation,
thanked Council for their donation. She stated out of the 423 graduating students in
2009, 186 students attended. She stated the event takes approximately in $40,000.
She stated she constantly has students return to volunteer.
Margie Bryan, 18454 Seychelles Court, read the following letter from her
daughter, Molly, a recent Heritage graduate, into the record:
"On behalf of Project Graduation, I would like to sincerely thank you for your
contribution. Because of the organization and all of the efforts of the dedicated group
of volunteers who work year round to keep it going, students have the priceless
opportunity to share one last night of fun with each other in an environment that is
both safe and drug free, Games, prizes and simply spending time together make the
night a huge success. As both a volunteer who has helped in past events, and a
participant in this year's event, I have seen first-hand how much students enjoy the
experience. Without your generosity, the event would not be possible and for that
reason, I thank you. Sincerely, Molly Bryan.
Robert Patton. 248 Edwards Ferry Road, stated he would Tike to talk about
Woodberry Road. He stated an article appeared in Leesburg Today entitled "Caved".
He stated he was accused of putting a few shrubs ahead of child safety. He stated his
own child walks down Woodberry daily to catch the school bus and he is not
indifferent to the safety of children on Woodberry Road. He stated he is against the
sidewalk, but is for reasonable and appropriate safety measures on Woodberry Road.
He questioned whether all streets in Loudoun County need a sidewalk and a
crosswalk. He questioned where safety ends. He stated sidewalks come at a cost
when retrofitted into old neighborhoods. He requested the Council not reverse its
decision from two weeks ago. He stated people were staging photographs on
Woodberry to show the road is dangerous so he performed a traffic count between
7:30 a.m. and 8:30 a.m. He stated there were 26 cars, 1 school bus, one man
walking a dog and one woman walking a child and his own child and an exchange
student walking to the bus. He stated he did not observe any speeding cars. He
stated if the Council does reverse its vote, he hopes it is mindful of the potential harm
that can be caused to the traffic on Woodberry. He stated many of the people who
have signed the petition do not have to use Woodberry, they want to use Woodberry.
Stewart Curley, presented a PowerPoint to Council. He stated he came to the
meeting to speak on behalf of the out-of-town water customers in regards to his
recent court motion. He stated this was not a surprise action and was not intended to
Town Council Meeting of October 27, 2009 Page 3
provide any legal maneuvering. He stated the intent was not to leverage the
settlement. He stated settlement is not a new concept, but it is the fourth time they
have made a settlement offer. He stated he felt compelled to review the various
challenges of this case. He stated during this period of time, the Town has used a
variety of tactics to try to keep this from being heard in court. He stated it has
wasted over $500,000 in legal fees. He stated the complainants have focused on a
peaceful resolution. He stated they need to stop the wasteful spending on both sides.
He noted the county and state officials are willing to enact legislation in Richmond in
support of a resolution.
Amason O'Sullivan, 213 Chatfield Court, N.E., stated she has two small children
and supports sidewalks on Woodberry from North Street to Edwards Ferry. She
stated she has every right to access this street. She stated Prince Street is not a
viable option because it does not have a safe crossing for Edwards Ferry. She stated
last month she was walking with her two small children on a bike and in a stroller.
She stated she had to push her children into the ditch to avoid what she felt was a life
threatening situation. She stated it does not take multiple cars to hit a child or a
pedestrian; it takes only one car. She stated unless she can levitate, the street is not
safe. She urged Council to reconsider.
Karen Moroan, 229 Edwards Ferry Road, stated she is in support of the
recommended sidewalk. She stated the neighborhood does want the sidewalk,
including the people on Woodberry and the surrounding streets. She stated the
results on Woodberry itself, were split, but many more are in favor of the sidewalk
than those opposed. She stated they did not come out two weeks ago because they
assumed Council would follow staff recommendation and the Town Plan. She stated
the installation of curb and gutter will widen the road. She questioned whether two to
four feet will cause people to drive faster. She stated adding curb and gutter will
change the feel of the street
Noah Klemm, 236 Edwards Ferry Road, stated he and his children use this
street almost every day. He stated it is his access to the school, the community
center, and soon the bus stop. He stated he was not surveyed on his thoughts since
he does not live on Woodberry. He stated sidewalks allow the neighborhood to enjoy
the community. He urged Council to find a compromise that includes at least one
safe side of the street.
John Chapin, 208 Edwards Ferry Road, stated he moved to Leesburg and
enjoys living in Leesburg because it is an urban environment that encourages
pedestrians. He stated he expects the Council to follow the Town Plan by providing a
safe, continuous and comfortable environment that encourages walking. He stated
residents are 65% more likely to walk in a neighborhood with sidewalks and they
increase property values. He stated removing the sidewalks from the project is
making a decision that is not pedestrian friendly.
Suzanne Hiller, 20 Linden Hill Way, stated her understanding is that Loudoun
Lacrosse requested to use the storm water management area for a practice field;
however, she has concerns about that particular area. She stated it has become a
wildlife preserve for animals and she is concerned about her quality of life. She
stated it would change her neighborhood bringing noise. She stated many people use
that land for recreation. She stated she cannot imagine it being changed for a sports
field.
Town Council Meeting of October 27 2009 Page 4
Patricia Morrison, 126 Woodberry Road, stated she lived on Woodberry Road
for over 40 years. She stated she does not like to see it changed, but she feels
sidewalks would be heavenly. She stated it seems the only reason people don't want
sidewalks is so they can park beside the road. She noted this is dangerous and the
corner of Edwards Ferry and Woodberry is very dark and dangerous. She expressed
her concern for the safety of the families with young children. She requested a
sidewalk on at least one side of the road.
Sondra Camp, 31 Linden Hill Way, S. W., stated she has doubts that the Parks
and Recreation department will monitor the usage of the storm water management
area. She stated the neighborhood does not want a simple scrimmage to turn into a
full time park on any wetlands in Leesburg. She stated she was originally told it
would be 15 kids two days a week. She stated the decision tonight will affect 225
citizens. She alleged town employees lied to her. She alleged conflict of interest.
She stated parents need to sign their children up for activities that will not affect their
lifestyles. She questioned whether the Council is catering to the affluent rather than
the constituents. She stated they will find these kids smoking dope, drinking beer,
and fighting behind their houses not just at night, but during the day too. She stated
the parents need to have real conversations with their kids and expressed concern
that the kids will come back daily and on weekends, holidays and days off school.
She alleged the children will pee, poop, smoke dope and run wild on the property.
She questioned who will be supervising the children. She stated she has been
accused of exaggerating the situation. She stated this beautiful area has been
destroyed by mowing by a few selfish people for their own uses. She requested the
mowing be turned back over to the Town of Leesburg and not be mowed by
Greenway Farms as this is not appropriate. She stated wetlands and dry ponds
should be protected.
Ann Kemo. 302 Edwards Ferry Road, stated her home is on the corner with
Woodberry Road. She thanked the town staff for their dedication over the past few
months. She stated on Monday evening she counted traffic between 5:09 and 6:09
p.m. She stated she tallied 40 cars, 5 pedestrians and 1 dog. She asked if this is
heavy traffic? She questioned what has changed since the last vote?
Chris Cuozzo, 120 Woodberry Road, stated he supports sidewalks on
Woodberry Road. He stated in all this debate, not a single person has refuted the fact
that sidewalks will make it safer for pedestrians. He stated pedestrians are forced to
walk in the middle of the road, sometimes into the face of oncoming traffic. He stated
his family walks downtown all the time. He stated the pictures his wife took illustrate
the current conditions. He stated the primary function of the Council is to promote
the safety and wellbeing of the citizens of the Town. He noted the majority of the
residents of Woodberry Road and the surrounding neighborhood want sidewalks. He
asked the Council whether the common good of the many outweigh the interests of
the few.
Tom Stokes, 231 North Street, asked Council to consider the details of the
Woodberry project. He stated not putting a sidewalk on the street will widen the
street and create the behavior he sees on North and Edwards Ferry. He encouraged
Council to look at the sidewalk on Wilson that was recently completed adding the
sidewalks are not usable for strollers. He stated people do not have to walk in the
street -they can walk in the grass. He stated there are a number of places in town
that need sidewalks.
Town Council Meeting of October 27 2009 Page 5
Melanie Cuozzo, 120 Woodberry Road, urged the Council to revisit the issue of
sidewalks on Woodberry Road. She distributed a petition with signatures from those
that did not originally cast votes. She stated li out of 19 homes are in favor of the
sidewalk. She stated all the homes on the east side, except the two on the end, are
in favor of a sidewalk. She stated the neighborhood is more than just the street. She
pointed out that many of her neighbors did not come to the first meeting because
they are elderly and did not think it would make a difference. She stated her staged
pictures are very representative of what goes on every day. She stated sidewalks are
consistent with the larger Town goals.
Gudrum Bowman, 237 Edwards Ferry Road, stated the walkability of Leesburg
attracted her 15 years ago. She stated she walks every day down Woodberry and
feels it is quite dangerous. She stated she feels a sidewalk even on one side would be
a good idea.
Gabriella Kelemen, 208 Edwards Ferry Road, supports sidewalks on Edwards
Ferry Road. She stated the brick sidewalks add to the historic flavor of the town and
unify the town. She stated the neighborhood is a culture of pedestrian activity. She
stated Woodberry is a connector street for pedestrians and affects the residents living
in the quadrant, not just those living on the street. She stated there are sight
distance issues on Woodberry Road. She stated the addition of curb and gutter will
make it more dangerous. She implored Council to reconsider putting sidewalks on
this street.
Erin Kaplan, 289 Ariel Drive, stated she is a regular walker of Woodberry. She
stated that is the one stretch of road that is disconcerting as a parent. She stated a
sidewalk will add to the charm of the Town. She implored Council to reconsider the
sidewalk plan.
John Moraan, 229 Edwards Ferry Road, stated he is here to talk about the
process. He noted a number of individuals have not had an opportunity to weigh in
ahead of time. He stated they did not feel the need to speak up, but the abrupt vote
caught them off guard. He stated the process was confused. He encouraged the
Council to reexamine their stance on this subject after careful reflection of the major
impact on this community. He requested Council to take the comments on this into
consideration.
Jonathan Hoover, 308 Edwards Ferry Road, stated he moved here 10 years
ago to enjoy a walkable town. He stated the situation on Woodberry has been
something they are concerned about. He stated two of his children go to Smart's Mill
Middle School and the bus stop used to be at the corner of Woodberry and North
Street. He stated they were concerned enough about the safety of the street that
they requested the county to add a safer bus stop. He stated the bus now stops at
the corner of Prince and Edwards Ferry. He stated it is indisputable that a sidewalk
would add to the walkability of the Town and be an improvement to the
neighborhood.
KD Kidder, 139 Woodberry Road, stated she moved to Woodberry Road last
fall based on the fact it was a quiet street with large trees and a quiet character. She
stated she was impressed with the turnout tonight. She noted no one is against the
safety of children and there are other considerations as well. She stated the streets
in historic districts are narrow and the flavor of the Town should not be destroyed.
She noted there are many groups that will not fit on the sidewalk and would have to
Town Council Meeting of October 27 2009 Page 6
walk in the street anyway. She stated the guidelines do not necessarily fit in the
older sections of time. She stated she would think people on Edwards Ferry Road
would rather use Harrison Street. She stated she has not seen safety issues on
Woodberry and is more concerned about the character of the street.
Patrick Ramos, 405 North Street, stated he is here to confirm his support for
sidewalks on Woodberry Road. He stated his concern is safety and to create a more
pedestrian friendly community for walks downtown. He stated while he does not live
on Woodberry, he would like to be considered as part of the neighborhood when
surveys and polls are sent out.
Neil Steinberg, 139 Woodberry Road, stated this issue has become larger than
initially anticipated. He stated there have been many eloquent arguments for
sidewalks this evening. He stated he is an advocate of everyone in the community
being involved in the argument. He pointed out, however, it is the people who live in
the specific area that are most immediately impacted. He stated staff follows the
Town Plan because they have to, but Council can make changes. He stated there are
utility poles fairly close to the area where the sidewalks go. He questioned where the
poles will go or will the utility lines be buried.
Jeff Cowart, 24 linden Hill Way, stated he opposes the lacrosse field
conversion. He stated the public hearings give the citizens an opportunity to voice
their concerns. He thanked Council for their service to the Town. He stated the field
is not intended for athletic use and is surrounded by residences. He stated the
majority of the homeowners closest to the field do not want this use on the field. He
expressed his feeling that this is the wrong use for the property. He stated there is
no compelling reason to convert this field as Western Loudoun has a place to play,
they just don't want to play there.
Dale Gardner, 8 Linden Hill Way, echoed Mr. Cowart's comments about
Council. He stated he is surprised the matter of the lacrosse field is being considered
since it is a storm water retention area with a stream running through the property.
He stated there are a number of animals living there. He stated this is pleasant. He
expressed his feeling it is imprudent to have a large number of people running
through a wet field and sets a precedent. He questioned what happens when the
football league wants a field and questioned who will take on maintenance. He stated
the 29 parking places on Greenway Drive seem inadequate for the use. He stated the
nature of the area, the fact that its intended use is storm water retention, and the
establishment of a precedent for Town make this an inappropriate use for this field.
Mary Barnes, Linden Hill, stated she was very impressed with the work session
discussion. She stated the attention to detail was impressive. She noted in the past
two years since the field started being mowed, there have been a few users of the
field; however, none of them are from Linden Hill. She stated it is very marshy and
full of ticks. She stated the children are not down there because it is not amenable to
sports and the effort to bring it up to a playable level will be a lot more than people
realize. She stated they are not asking for a vote against recreation, but a vote to
maintain a wetland, watershed, and wildlife habitat that serves a lot of good.
David Phillips, stated he was in favor of using the field as a lacrosse field. He
stated they will not be turning this into a lacrosse field. He noted the original
construction plans from 1993 show this field proffered for a police, fire or recreational
use. He stated the Brandon Park field is a great facility, but too small for the older
Town Council Meeting of October 27 2009 Page 7
players. He noted the Greenway field is graded and crowned, therefore is not marshy
or boggy. He stated they would like to practice five days per week and have two
scrimmages before the games begin, He stated while the residents of the adjoining
properties do not want people in their perceived back yards; but the reality is this is
not their property.
Rob Buttarazzi, registrar for Western Loudoun Lacrosse, stated this is not
wetlands. He stated it is a property for children to have fun on and was proffered as
such. He stated the lacrosse league represents 250 Leesburg families and will be
splitting off from Western Loudoun lacrosse at which time the league will expand. He
asked Council to take a field that has been proffered as a field and consider it as a
place to play. He requested the field continue to be mowed. He stated there are too
few of these spots in Town.
Ryan Washington, 16 Linden Hill Way, stated he is on the HOA board, He
stated the sound from this field echoes off the houses. He stated he goes running
past the field every day and it is marshy. He noted Linden Hill is a private street with
no trespassing and there is no guarantee that people will not park on Linden Hill.
Barbara Hammes, 235 Edwards Ferry Road, stated she hopes there is a way to
make this amicable so the beautiful trees and shrubs can be preserved. She stated it
is very worrisome for children to walk to the school bus on that road, She asked the
Council to reconsider.
Russ Shaw, Parks and Recreation Commission, stated he was a part of the
decision to recommend approval of the lacrosse league using this field. He stated he
does not have a lacrosse player, but does use that field, He stated the question at
hand is not should we convert this field to a lacrosse field or an athletic complex, but
should we allow the community's children to enjoy a field that was designed and
graded as a field and is in great demand. He questioned whether we should allow our
children to play on a field that was designed to be a field. He stated he understands
the concerns and wishes of those adjacent to the field, but there is a vast majority of
the community that has a need for a playing field for the children. He stated there
has been a lot of misspeak about the entire subject, but he stated the physical
appearance of the field will not be changed and no improvements will be made. He
stated the lacrosse players will not play there when it is wet. He stated no one in
their right mind will park on Linden Hill because the clearest access point is on
Greenway Drive. He stated the Parks and Recreation Commission suggested a
memorandum of understanding that would allow the Town to control what goes on on
that field. He stated several issues have been discussed tonight where Council is
considering the desires of the minority over the needs of the majority.
Clayton Falick, 25 Linden Hill Way, stated he and his four daughters never use
that field because of the ticks, ruts, and rocks. He stated the Town should not spend
significant dollars to bring that field up to the level it would require for use. He stated
the lacrosse team has a field at Franklin Park that is available to them. He stated the
proffer was given in 1993 prior to the lowering of the water table in 1997. He stated
the field has only been mowed the last few years by Greenway Farms, not the Town.
Mike Belles, Woodberry Road, stated he is in favor of the sidewalks on
Woodberry. He stated he did not show up at the other meetings because he felt it
was going in the right direction. He stated he has lived there since 1959 and for
Town Council Meeting of October 27 2009 Paae 8
years, he never went up Woodberry to Edwards Ferry because it was an unsafe
corner.
Curtis Kemo, 302 Edwards Ferry Road, stated they received notification of the
meetings on Woodberry Road and many people attended the October 14 meeting. He
stated at the public hearing there were three people who supported the sidewalk. He
noted he will be very impacted by the sidewalk particularly because they will lose all
their on-street parking. He questioned if Town Council procedure was followed on
October 14, what is the reason for changing the outcome after the fact?
Vice Mayor Hammier read the following letter into the record:
Dear Town Council: It has come to our attention the Woodberry sidewalk
issue will be addressed again during tonight's Town Council meeting. While my wife
(Leann Micheals) & I are out of town we would like to be heard and if at all possible,
our position read into record. 1) We heard of the last Town Council hearing on the
Woodberry sidewalk only hours before it took place so had no chance to offer our
opinion. 2) We live at 216 Edwards Ferry Rd, just around the corner from Woodberry.
Our family (Leann Micheals, Ralph Ferraiolo & Giana 8 yrs old) does all our town
visiting and errands on foot. We walk to church, the bank, supermarket etc. It is not
only part of the charm of living in town, it is one step (pardon the pun) closer to
stopping the madness of driving our cars everywhere. Driving to do every little thing
is killing us through an overly sedentary lifestyle and polluting our neighbors with car
exhaust. We must promote walking as much as possible. Without sidewalks in town
we are walking in the street or not at all. My wife and I also run/walk 3-5 hrs per
week. In town we need sidewalks for this. 3) Leann is a Nurse Practitioner and I am
a Personal Trainer. We see the negative impacts of over sedentary lifestyles very day
and the benefits of active life styles. This is our job to encourage more activities and
the benefits are not long in coming. The Town of Leesburg and the community of
Leesburg must continue to invest in sidewalks, bike & running/walking trails and
outdoor activities. 4) We have a side walk in front of our house. The town came in 4
or 5 yrs ago and changed it from cement to brick. Thank you! Now not only is
functional it looks great. I can't think of a better use of community taxes. It is the
first area I shovel when it snows. I do that as my small part for the community.
Then while I'm shoveling the front walk & the driveway I often share small talk with
those walking up and down the sidewalk. That is what it's all about, Had the town
not put in the Edwards Ferry side walk those nice people would be dodging cars in the
snowy road and my property would be enlarged by a shrub or two. No thanks, I will
much rather do the extra shoveling and share a sense of smart community with those
safely walking by. 5) Those people in more rural communities have different issues at
hand but for those of us who choose to live "in town" this is the only smart way to go.
Any efforts to block this side walk is selfish and/or shortsighted. Upon completion of
this writing my family & I are going to hike to the top of Diamond Head. (We would
have to drive to the top had the Hawaiian government not thought enough of the
health of its visitors and natural environment to put in a hiking trail). Leann & I feel
strongly enough about tonight's meeting in Leesburg to delay our valuable time here
and share our thoughts. Please do the right thing. Thank you. Ralph Ferraiolo
The Petitioner's section was closed at 9:34 p.m.
9. ADOPTION OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member
Wright, the following consent agenda was proposed:
Town Council Meeting of October 27, 2009 Page 9
Making Reductions of the Performance Guarantees for Public
Improvements Installed in the Interchange at the Intersection of East
Market Street (Rt. 7) Rivercreek Parkway and Crosstrail Boulevard
RESOLUTION 2009-120
Making Reductions of the Performance Guarantees for Public
Improvements Installed in the Interchange at the Intersection of East
Market Street (Rt. 7), Rivercreek Parkway and Crosstrail Boulevard
b. Approving an Appropriation for Airport Security Gates
RESOLUTION 2009-121
Approving a $97,070.09 Supplemental Appropriation to Leesburg
Executive Airport FY2010 Operating Budget for the Installation of Eight
Security Gates
c, Overcrowding Enforcement
RESOLUTION 2009-122
Initiating Amendments to the Leesburg Zoning Ordinance Pertaining to
Policy, Procedure, Enforcement and Penalties Related to Overcrowding
of Dwelling Units
d. Changing the School Zone Speed Limit on Battlefield Parkway at Cool
Spring Elementary School from 15 mph to 25 mph and Changing the
Speed Limit on Plaza Street from 25 mph to 30 mph between 7/15
Bypass and East Market Street
RESOLUTION 2009-123
Changing the School Zone Speed Limit on Battlefield Parkway at Cool
Spring Elementary School from 15 mph to 25 mph and Changing the
Speed Limit on Plaza Street from 25 mph to 30 mph between 7/15
Bypass and East Market Street
e. Initiating the Creek Valley Buffer Ordinance Amendment/Flood
Protection Ordinance Amendment
RESOLUTION 2009-124
Initiating Amendments to Article 13 of the Leesburg Zoning Ordinance
to Align the Flood Protection Ordinance with the Creek Valley Buffer
Ordinance Amendments
Makina a Reduction of the Performance Guarantee for Public
Imorovements Installed at Fort Evans Plaza II, Battlefield Parkway
Extension
RESOLUTION 2009-125
Making a Reduction of the Performance Guarantee for Public
Improvements Installed at Fort Evans Plaza II, Battlefield Parkway
Extension
The Consent Agenda was approved by the following vote:
Town Council Meeting of October 27 2009 Page 10
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Reid, seconded by Vice Mayor Hammler, the
rules were suspended and the agenda was amended to move New Business for Action
ahead of the public hearings and to add an item to the agenda directing staff to hold
community meetings including Council members regarding Woodberry Road
sidewalks.
The motion passed by the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
10. NEW BUSINESS FOR ACTION
a. Amendments to the Legislative Agenda
(i). On a motion by Council Member Reid, seconded by Council
Member Dunn, the following was proposed:
RESOLUTION 2009-128
Opposing H.R. 413 and S. 1611, Entitled "The Public Safety Employer-
Employee Cooperation Act of 2009"
Council Member Butler asked for a clarification as to whether this
requires collective bargaining or requires the Town to allow collective
bargaining.
Ms. Irby clarified that this would require the Town bargain with the
Police Department, should they desire to engage in collective bargaining
because currently they are not allowed to unionize.
The motion passed by the following vote:
Aye: Dunn, Hammler, Reid, Wright and Mayor Umstattd
Nay: Butler, Martinez
Vote: 5-2
(ii). On a motion by Council Member Wright, seconded by Council
Member Reid, the following was proposed:
RESOLUTION 2009-129
Opposing Any legislation which Reduces Sovereign Immunity
The motion passed by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
b. Greenwav Farms Field/SWM
Town Council Meeting of October 27 2009 Page li
Council Member Reid made the following motion:
MOTION
That the Leesburg Town Council Deny Approval of the Request by
Western Loudoun Lacrosse to Utilize the Greenway Drive Storm Water
Retention Pond Area for Practice through the "Adopt-A-Spot" Program,
and for Staff to Continue to Explore other Potential Field Options
The motion was seconded by Council Member Dunn.
Council Member Reid stated he did not think this process has been
inclusive of the community's needs. He stated while rejecting this particular
lot, we are directing staff to find another location for the lacrosse league to
practice. He reiterated examining the field at the bypass and Battlefield
Parkway in Potomac Crossing.
Council Member Dunn stated between schools, churches, older parks,
and parks that will be built, and parks in the county, there are other options to
be explored.
Council Member Wright stated he did not feel this is the right process to
activate this piece of land. He stated public recreation can be both passive
and active and we have heard a lot about preserving the passive uses on that
site. He noted as county residents, the county has the primary responsibility
for parks and recreation, so the county should be included in these
conversations,
Council Member Butler stated he would be voting against this motion
because there is nothing that needs to be done to the field so that 20 kids with
lacrosse sticks can go out and practice in the evenings for a few weeks. He
stated it would have been nice to give it a trial and measure the impacts.
Vice Mayor Hammier thanked staff for the amount of time they have
put into this issue. She stated she will be supporting the motion to deny
approval for a couple of reasons. She stated the citizens that came forward
representing the neighborhood asking not to allow this particular use. She
stated only about 20% of the participants in the lacrosse league are Leesburg
residents. She stated the larger issue is the precedent with respect to the
Adopt-a-Spot program and the issue of allowing one league to have exclusive
use of what could be considered a "park". She stated she takes exception to
some comments regarding conflicts of interest, staff not being ethical, and
citizens being lied to. She noted the facts have been presented fairly.
Mayor Umstattd stated she will be supporting the motion. She stated
there is strong community opposition from Linden Hill and Greenway and there
will be negative impacts to the resident's use of Greenway Drive. She noted
while Council Member Butler's suggestion of a temporary use is courageous,
she does not feel it would be temporary; that the lacrosse league would feel
vested as users of this area. She stated the Town of Leesburg cannot provide
recreational fields for every league in the county; this is a county responsibility
that the Town tries to supplement when possible.
Town Council Meeting of October 27 2009 Page 12
Council Member Reid suggested a friendly amendment that staff work
with Loudoun County Parks and Recreation to identify a practice spot for the
lacrosse league.
Council Member Dunn accepted the friendly amendment.
The amended motion was approved by the following vote:
The motion passed by the following vote:
Aye: Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd
Nay: Butler
Vote: 6-1
c. Woodberry Road Capital Improvement Project
Council Member Reid made the following motion:
MOTION
Direct staff to hold a community meeting with Council Members present
to examine the feasibility of a sidewalk on the east side of Woodberry
Road,
Council Member Wright seconded the motion and suggested a friendly
amendment to hold a design charette to address numerous issues and make
sure the final design respects the character of the community.
Council Member Reid accepted the friendly amendment and made a
suggestion that the concerned residents of North Street and Edwards Ferry
Road be included.
Council Member Wright accepted this amendment as friendly.
Council Member Dunn stated he feels this is a good idea. He stated two
weeks ago, he did not realize the curb and gutter were going in and his feeling
that once the curb and gutter go in, that will change the look of the street, He
stated he hopes they can find compromise now that everyone knows what is
happening.
Vice Mayor Hammier stated she will support this because she
appreciates everyone's willingness to continue to engage in conversation. She
expressed her feeling that the process should not have happened so quickly
with discussion on Monday and a vote on Tuesday. She stated a framework of
listening to citizens before making decisions is very important. She noted in
Planning Commissioner training, it was stressed how standards like those
contained in the Leesburg Design and Construction Standards Manual can be
detrimental to historic neighborhoods and thus agreed with the design
charette.
Council Member Reid stated it needs to be clear that this should not
delay the drainage improvements.
Council Member Wright stated some of the design elements may
change during conversations and that would waste design dollars.
Town Council Meeting of October 27 2009 Page 13
Mr. Dentler stated staff does not recommend moving forward with any
design until they know what they are trying to build.
Council Member Reid agreed that no decision should have been made
late at night without leaving time for public input. He added the letter that
went out to the neighborhood did not indicate that Council would be voting.
He stated a design charette and meeting would give the neighborhood an
opportunity to weigh in. He expressed a desire for a productive meeting.
Mayor Umstattd questioned how many people were against a sidewalk
on the east side.
Mr. Dentler stated there were at least two residents on the east side
that did not want a sidewalk.
Council Member Dunn stated there were four for the sidewalk on the
east side and two for the sidewalk on the west side.
Mayor Umstattd stated she would plan to attend a community meeting
but this is one of those cases where Council is forced to decide whether to go
with the majority or to protect the interests of individual property owners who
don't want something forced upon them. She stated she does not see how
both sides will be able to come to a resolution on this subject.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Reid and Wright
Nay: Martinez and Mayor Umstattd
Vote: 5-2
Council Member Martinez apologized to any residents who may have
left because he did not know they would be voting on anything with regards to
this subject tonight based on the rules.
11. PUBLIC HEARINGS
I-1 Zoning Ordinance Text Amendment
The public hearing was opened at 10:20 p.m.
Mark Browning stated Council initiated this text amendment. He
displayed the three different land use designations included in the I-1 and
stated, as reflected in the Town Plan, the intent of Regional Office is to meet
the need for local and regional employment with high paying jobs in the
support of balanced tax base and provide some of the daily retail and service
needs associated with people employed in the primary office uses in that area.
He stated Major Institutional includes a variety of services and is developed on
parcels of at (east 10 acres. He stated Community Office/Light Industrial is
meant to encourage light industrial uses with little visibility from major
roadways. He stated the intent of the I-1 district is to accommodate
previously approved industrial/research park development and to permit
reasonable development of land in the district until such time as those lands
are rezoned to classifications that are consistent with the Town Plan. He
stated this is key to staff's analysis as they are making recommendations for
traditional land uses. He reviewed the history of the I-1 district. He noted in
2003, Council adopted a comprehensive revision to the Zoning Ordinance to
Town Council Meeting of October 27 2009 Page 14
implement the goals of the Town Plan. He stated the reduction in the by-right
I-1 uses was made to encourage developers to seek rezoning to higher and
better uses in accordance with the Town Plan. He stated as part of a rezoning
request, the Town can receive proffered commitments to complete the Town
road system. He offered the example of the Villages at Leesburg, where the
rezoning included proffered transportation improvements that were very
beneficial to the completion of the road network.
Mr. Browning stated the changes suggested by staff include eight new
uses not previously allowed. He discussed the considerations discussed when
deciding to make a use by-right or by special exception including heavy truck
traffic, the ability to review the scale and location of large facilities, and long
term goals for land uses in the district. By-right uses have been planned to be
more compatible with the long term goal of office and light industrial, while
special exception uses are those that are expected to diminish or disappear
over time, He noted that proffered commitments decrease with by-right land
uses. He reviewed the recommendations for several uses including child care
facilities, recreation facilities, and a proposed definition for arts center land
use. He noted a number of these uses are recommended to only be allowed in
existing buildings, addressing the number of vacant buildings currently in the
district.
Mr. Browning closed by stating the uses proposed in this text
amendment will serve to further the Town's long term goals of utilizing
existing building stock, attracting new businesses to the I-1, while establishing
special exception uses appropriate as transitional or interim uses as the district
evolves into an area largely of office, light industrial activity and other
compatible land uses.
Vice Mayor Hammier questioned the thinking behind only allowing
medical uses in an existing building.
Mr. Browning stated the same philosophy applies to other land uses as
well, as these are land uses that typically require large square footage
structures and to address the inventory of vacant buildings in the district.
Council Member Butler asked for a clarification on museums and
printing and publication facilities in existing buildings only. He noted in the
ordinance, it is not obvious that it will be in existing buildings only.
Mr. Boucher stated there should have been a footnote that specifies
that, but it was inadvertently left out.
Council Member Reid questioned uses included on the use table.
Mr. Browning stated the charge was to address new uses, not existing
uses.
Council Member Reid questioned whether an amendment could be
made to relax the special exception requirement and offered an example of
making a distribution facility a by-right use.
Town Council Meeting of October 27 2009 Page 15
Ms. Irby stated amendments can be made as long as they do not
infringe upon the rights that someone thought they might have.
Mr. Boucher stated staff looked at expanding uses and questioned
whether some of the existing uses could be made by-right. He stated a
distribution facility could have a tremendous amount of truck traffic and staff
thought it would be wise to keep it as a special exception so that Council could
impose restrictions on the size and negative impact on surrounding properties.
Council Member Reid questioned the 50% requirement for recreational
uses.
Mr. Boucher stated the district is industrial and the recreation use is a
transitional use. He stated some of the sites that are not being fully utilized,
but were originally designed as industrial sites with lower traffic and parking
volumes. He stated the existing buildings are not necessarily intended for
those types of uses.
Council Member Reid stated areas around the country have been
revitalized by changing uses of older buildings.
Ms. Irby determined with respect to the way the ad is written, changing
to a by-right use for recreational uses may cause adverse impact to other land
owners. She stated despite the fact that it would be relaxing some
restrictions, people who are impacted by that change would need the
opportunity to be aware of the change.
Mary Beth Muir, president of Board of Directors of the Loudoun
Academy of the Arts, advocated to the Council for the adoption of the Planning
Commission recommendation. She stated the Loudoun Academy of the Arts is
a creative community whose mission is to encourage artistic expression, offer
new experiences in art, and to challenge art students to new levels of practice.
She noted they are currently located at Gallery 222, but will need to relocate.
She stated they area 501(c)3 and operate the gallery, the studio and the
school for children's art education. She stated they have an opportunity to
move to the I-1 district, and there is no zoning that allows the use they want
to engage in. She stated they love being downtown, but the growth of the
operation does not allow them to stay downtown. She stated their business
model does not require any subsidy from the municipality and will significantly
contribute to the revitalization of the I-1 district.
Kim Lower, Tetra Partnerships, stated they currently own and market
Leesburg Business Park on Lawson Road. She stated they are over 50%
vacant now and are suffering for the lack of uses.
Eliot Meyers, stated his project started as a small idea about a year
ago. He stated the Town could use recreational facilities. He expressed his
appreciation for the Council's time and effort in regards to meeting with him.
He stated he is in favor of adding uses to the I-1 district but would recommend
the removal of the 50% stipulation. He discussed that parking would be
regulated anyway.
The public hearing was closed at 10:47 p. m.
Town Council Meeting of October 27, 2009 Page 16
On a motion by Council Member Wright, seconded by Council Member
Martinez, the following was proposed:
ORDINANCE 2009-0-021
Amending the Zoning Ordinance Section 6.7 I-1, Industrial
Research/Park District to Permit Certain New Transitional Land Uses in
the I-1 District by Right or by Special Exception and Zoning Ordinance
Section 18.1 Terms Defined to add a Definition for Arts Center
Council Member Wright stated he appreciates what staff did with the
request to come up with transitional uses in this district. He questioned the
50% stipulation and whether there are other means to regulate parking,
Mr. Boucher stated ordinance provisions stipulate the provision of a
certain amount of parking, but the issue is given the size and scale of some of
the buildings, some very large recreational uses could come in. He stated
from a staff perspective, 50% is very generous, because of other uses that
exist that would not have been looking at recreational uses as neighbors,
Council would have the opportunity to look at any impacts that may need to be
mitigated.
Council Member Dunn questioned what constitutes an existing building.
Mr. Browning stated it would be any building that an occupancy permit
has been issued for prior to the adoption of this ordinance.
Council Member Dunn questioned the state and local compliance for
day care facilities has been taken into consideration for this district.
Mr. Boucher stated child care facility is by-right, and one of the intents
of the I-1 district is the desire to have large office uses in this district. He
noted the Town gets good tax income from office uses and spin off effects. He
stated allowing certain amounts of day care by-right helps to encourage office
uses as a supporting use. He stated an office use that needs its own day care
will not consider 10% as an Issue.
Council Member Dunn questioned how many square feet are required
per child in a child care facility,
Mr. Boucher stated the number has been raised, but he believes it is
about 35 square feet per child. He noted this would be an inducement to a
large employer.
Council Member Dunn questioned whether some schools, which may
not be authorized by the state, are being left out by the specification that the
school must be state authorized.
Mr. Boucher stated he did not know the answer to that question.
Mr. Browning stated it was making a distinction between college or
university and school of general education or instruction. He noted the
Town Council Meeting of October 27 2009 Page 17
comment in the report about state accreditation only applies to a college or
university.
Council Member Dunn questioned where other businesses in the area
where the Waterford Development is going to be will be benefited by this text
amendment.
Mr. Boucher some of the businesses could relocate to the I-i district
and the purpose of this text amendment was to keep an eye on the goals of
the Town Plan. He stated they are aware that everything might not fit, but
given the balances of competing interests, keeping the district vital, and
hopefully rezoning some of the parcels to higher uses, this was the best
possible compromise.
Council Member Dunn questioned the indoor recreational facilities may
take up a large footprint, but may not have a lot of traffic or parking impact.
He stated the indoor facilities are great for parents and kids and believes they
should have a little more leeway.
Council Member Butler questioned whether the stipulation for existing
building only for an arts center could be removed without having to
readvertise the public hearing. He questioned matching up the advertisement
with the proposed ordinance.
Council Member Wright made a friendly amendment to make the
ordinance match what was advertised. The friendly amendment was accepted
by Council Member Martinez.
Ms. Irby determined that change could be made without readvertising.
Council Member Butler made a friendly amendment to delete existing
building only for arts center, distribution facility, and printing and publication
facilities,
Council Member Wright did not accept the motion as friendly.
Council Member Reid thanked the speakers for coming out to voice
their opinions. He stated this district is important for entrepreneurs and the
more restrictions that are put on this district, hurt Leesburg and the economy.
He stated the 50% stipulation is another opportunity for Town government to
have a say in what goes into a building. He stated it does nothing for people
who want to open a warehouse or a distribution facility. He stated not
allowing these uses as by-right shows the Town has not turned the corner. He
stated he raised a stink about the use tables when Pump It Up came in, which
has been a wild success. He stated this is the third time something has come
from the Planning Commission where two or three commissioners have not
weighed in because they were not present. He stated there has to be better
attendance at Planning Commission meetings. He stated Council needs to hold
a work session on the tables,
Council Member Wright stated this area is struggling for an identity
because it is a transition area, so they broadened the uses that were contained
in the text amendment to help get users in the existing buildings.
Town Council Meeting of October 27 2009 Page 18
The motion passed by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
b. Amending Chapter 10-4 (Elections) of the Town Code to Move the Date
of the Town Council Elections
c. Amending Chapter 2 Sections 2-2 and 2-3 of the Charter of the Town
of Leesburg to Move the Date of Elections
Mayor Umstattd opened both public hearings together at 11:09 p.m.
Ms. Irby stated there is a minor change to the ordinance of the Charter
Amendment. She stated Senator Herring would be willing to carry this
requested Charter change forward, if Council approves, but someone will be
needed to carry it forward in the House. Ms. Irby stated all the ads were
placed timely and the packet would need to go out tomorrow or Thursday to
give the Justice Department enough time for pre-clearance. She stated she
believes the application is complete, but if the Justice Department asks for
more information, the clock starts running again at that time, which could
make it very tight.
Council Member Wright questioned what paper the public hearing was
advertised in and whether it was advertised in more than one place.
Ms. Irby stated the Washington Examiner was the only paper that
could meet requirements in time to meet the pre-clearance deadlines. She
stated it was also posted on the website. She stated there will be another
chance for the public to comment should Council adopt.
Council Member Wright stated questions from the Justice Department
or concerns raised by the public could slow down the process so that we may
fail to meet the January 1 deadline. He questioned whether the Town could
then revert back to May.
Ms. Irby stated it gets muddy here. She stated the Town could chose
to ignore the Justice Department, but the Board of Elections might not
cooperate. She stated it gets very tight with regards to those who need to
declare for a May election.
Council Member Wright questioned what happens if the Charter
amendment does not pass.
Ms. Irby stated the law does not require a Charter change, but if you
submit the Charter change, you stand a better chance of being approved.
Council Member Wright questioned whether anyone from the Board of
Elections is present to answer questions.
Town Council Meeting of October 27 2009 Page 19
Ms. Irby stated they could not attend due to a training that was
scheduled in Hamilton for election volunteers.
Council Member Reid stated he thought people could submit petitions
by a late February deadline. He questioned whether this could be deferred.
Ms. Irby stated she did not have that information and could not advise
Council to follow information that she is not aware of. Ms. Irby stated
deferral would not give the Justice Department enough time for their review.
Linda Shotton, 232 Edwards Ferry Road, stated she is not opposed to
moving the elections from May to November, but as a voter she does not
want to give someone a free six months at the end of their term. She stated
if the Town decides to do this, they should make people aware of the length
of term of the people they are voting into office.
The public hearing was closed at 11:18 p.m.
On a motion by Council Member Dunn, seconded by Council Member
Reid, the following was proposed:
ORDINANCE
An Ordinance to Amend the Town Code to Move the Date of the
Election by Adding Section 10-4 (Elections) from May to November
Council Member Dunn stated he feels this is an excellent way to get
more people to the polls. He stated it will also bring out new and brighter
ideas and possibly new candidates. He stated the logistic issues can take
their natural course and if it does not happen, we go with the normal May
elections. He stated if this does not happen for 2010, it should be set up for
the election in 2012.
Council Member Reid stated he can live with either election date, but
he believes that having more participation is a good thing. He stated by not
supporting this after having gone so far, it will come across as trying to keep
Town races to a small, elite group of people voting. He stated keeping an
even numbered year in November will be putting it with the federal elections.
He stated many bad decisions have been made by various Councils because
of the demands of a few and in a low turn-out election, 20-30 people is a lot
of voters. He admitted it is tough to do it in such a short amount of time, but
he appreciates Jeanette's efforts to get this initiated.
Council Member Butler stated everyone seems to be in favor of moving
the elections to November because the turnout would be higher and the work
load will be less for the poll workers. He stated he has concerns that there is
no provision to change back which is a concern since Council is basically
rushing into this. He stated while there will be a higher turnout, the ballot will
be much longer and the Town elections will be at the end of the ballot leading
to less informed voting. He stated he would rather have 18 percent voter
turnout of constituents who are informed, rather than 50 percent turnout of
people who are just filling out a spot beside the name of a candidate that
sounds good. He also expressed a concern that it would turn the ballot much
more partisan making it more difficult for an independent to get elected. He
Town Council Meeting of October 27, 2009 Paae 20
stated he is not sure he has any desire to run in November and be associated
with national and state issues rather than local issues. He stated it may make
a difference to a candidate to run with the Board of Supervisor's and
senatorial candidates or with the delegates and the Governor. He stated he is
unwilling to support this tonight without much more vetting and thought.
Council Member Wright stated this process has been rushed. He
stated he was surprised that for the Town's 250 year history, the elections
have always been held in the spring. He stated he is very concerned about
what appears to be a rush to make a change that there is no guarantee can
be easily changed back. He questioned why Blacksburg made a change to the
odd year.
Ms. Irby stated under the rules of the Justice Department, the Town
would be allowed to withdraw before the decision, but it would be pushing up
against the December deadline, She noted then another public hearing would
need to be held to inform the public that the change is not going to take
place.
Council Member Wright stated he has received emails from people who
are both for and against this change. He stated the Town may not get the
desired result from being on a national or state ballot. He stated the rush to
make this change is a lot more about politics than about governing,
Council Member Martinez stated the reason he supported the public
hearing was to see who would come out to speak to this subject and he
wished there were more people in Town who care enough to voice their
opinions. He stated he has not been overwhelmed with the response to
change the elections to November.
Vice Mayor Hammier stated she has been proactively trying to get
feedback from the public, but the general consensus is there may be greater
turn out in November. She stated it needs to be handled in a very process
oriented way with plenty of community involvement. She stated she
appreciates the non-partisanship of the elections in the Town and it is
important to stay focused on Town issues, which may be better served by
keeping the elections in May.
Mayor Umstattd stated she will be voting against moving this forward
as it would inject too much chaos into this upcoming election. She stated
certain aspects are appealing, but she agrees that if it is going to be done,
the Council needs to take time to have all questions answered.
Council Member Dunn stated he hoped the Council would be more
open to seeing more people coming to the polls. He stated it leads him to
think that those voting against it want to ensure that their friends and
neighbors get to vote them in office rather than the community. He stated
having the election on an even year would ensure nearly two to three times
the number of voters currently turning out in May. He stated it is tougher to
forget there are elections in November because of the national exposure,
which he does not feel diminishes the attention to the local campaigns. He
stated he does not feel there would be more confusion between now and
November than between now and May. He stated this is simply a smoke
Town Council Meeting of October 27 2009 Page 21
screen to allow those personal voters that a candidate may have in their
pocket to outweigh the rest of the community. He stated claiming that voters
are not educated enough to make effective decisions on the issues, is to claim
that only those who recently voted in the May elections are more intelligent
than those that voted for the president recently. He stated that is selling the
voters of the community far short of their potential. He stated if a candidate
is interested in keeping the elections small so people who come out and
support them can determine the outcome. He stated extending terms could
be seen as self-serving and anyone who doesn't want to be seen that way is
welcome to give up their seat and allow someone else to take their place. He
stated if the voters feel it is self-serving, they can vote the candidate out of
office and they would be able to do it with 7,000 voters, not just 2,500
voters. He stated the idea that continuing with poor voter turnout because it
is a tradition is unbelievable. He stated he has not run into anyone who is
opposed to this, so the idea that this was not well advertised, is a weak
excuse. He pointed out that Council does not always follow the views of those
who show up to express their views, and gave the example of the tax rate
and water rates. He stated this is a weak excuse that can be pulled out of the
pocket when needed.
The motion was defeated by the following vote:
Aye: Dunn and Reid
Nay: Butler, Hammler, Martinez, Wright and Mayor Umstattd
Vote: 2-5
Council Member Dunn made a motion to table indefinitely the
resolution to change the Charter. The motion was seconded by Council
Member Wright.
The motion to table was approved by the following vote:
Aye: Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd
Nay: Butler
Vote: 6-1
12. ORDINANCES
a.
13. RESOLUTIONS
a. CDBG Project List
Mayor Umstattd stated the two sidewalks under discussion are the one
in front of the Fields Apartments and the other one is on Plaza Street.
Council Member Wright made a motion to approve the following with
Project A (Plaza Street). The motion was seconded by Council Member Butler.
RESOLUTION 2009-126
Selecting a Project from the Approved Community Development Block
Grant (CDBG) Project List and Directing Staff to Prepare a Grant
Application for the 2009 CDBG Program
Council Member Wright suggested a friendly amendment to look at
designing the project so that it was in the right-of-way rather than taking out
the trees.
Town Council Meeting of October 27 2009 Page 22
Council Member Butler accepted the amendment as friendly.
Vice Mayor Hammier noted the section on Edwards Ferry Road is more
expensive. She questioned whether Project A had more chance of being
awarded funds because it was co-located near the safety center or Project B
because of the high use of the sidewalk on Edwards Ferry Road.
Mr. Wells stated there is no definitive answer. He noted one argument
would be where the most people would be impacted and the answer to that
question would be the Plaza Street project because there is more residential
surrounding it. He noted the Edwards Ferry Project has a chance of being
funded through a development project that will come before Council in the
next month.
Vice Mayor Hammier stated the Edwards Ferry segment corresponds
that the Town needs to provide the ability for people to walk to employment
sites and is more expensive so the Town should seek outside funds. She
stated she is ultimately in agreement with Mr. Wells, relative to the points he
made.
Mayor Umstattd stated there is a good deal of neighborhood opposition
to the Banyan Cove development on Edwards Ferry Road. She stated that
may affect which project is chosen. She stated her personal thought is there
is more need for the project on Edwards Ferry, because pedestrians can cross
Plaza Street to use the section on the east side.
Council Member Reid stated residents from the Fields Apartments came
to the SRTC in 2008 and asked for a sidewalk and amid-block crossing on
Edwards Ferry Road, He stated it will probably cost more than $90,000 to
build the Plaza Street Sidewalk; however, he thought it would be good to keep
in the resolution. He suggested putting it on the work session in mid-
November to be revisited in case no action has been taken on Banyan Cove by
that time.
Vice Mayor Hammier stated she will vote against Plaza because she
feels it is important to make a strong statement for the Edwards Ferry Road
sidewalk.
Council Member Wright stated the Banyan Cove commercial rezoning
has not been completed yet, but Banyan Cove has an approved site plan for
their by-right residential zoning which includes a sidewalk. He stated if
Banyan Cove fails or is delayed, the Town may want to reserve the right to
place that project into the CIP.
Council Member Reid agreed that is a very good point that there is an
approved site plan including a sidewalk for Edwards Ferry.
The motion was approved by the following vote:
Aye: Butler, Hammier, Martinez, Reid, Wright and Mayor Umstattd
Nay: Dunn
Vote: 6-1
Town Council Meeting of October 27 2009 Page 23
b. Aoorovina a Memorandum of Understanding for the Business Incubator
On a motion by Vice Mayor Hammier, seconded by Council Member
Reid, the following was proposed:
RESOLUTION 2009-127
Approving a Memorandum of Understanding with the George Mason
School of Public Policy's Mason Enterprise Center
Vice Mayor Hammier stated a great deal of time and effort was put into
this by staff, the EDC and the County Economic Development team.
Mayor Umstattd asked for clarification on what the MOU would include.
Marantha Edwards stated this would be a Memorandum of
Understanding for Phase I, which includes working with Keith Segerson on
evaluating the proposals that have been received.
Mr, Wells noted there is no cost associated with the service that Mr.
Segerson is providing. He added this does not commit the Town past the
evaluation of the proposals.
Ms. Edwards stated they will return to the November 23rd meeting with
a Phase II MOU which would include more specific information regarding space
planning and financial elements.
Council Member Reid stated he is looking forward to getting moving
and having an incubator in Leesburg.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
14. OLD BUSINESS
a. Rules of Order/Ethics
This item was deferred.
Council Member Butler made a motion to suspend the rules. The
motion was seconded by Council Member Reid.
The motion to suspend the rules passed by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
Council Member Butler made a motion to initiate an I-1 Text
Amendment to move the 50% stipulation for recreational uses in the I-1
district so that a recreational facility would be by-right regardless of the
percentage of the building used. The motion was seconded by Council Member
Reid.
Town Council Meeting of October 27, 2009 Page 24
Vice Mayor Hammler stated she would like to look at this as it relates to
a broader set of uses.
Council Member Martinez made a motion to table to the next work
session for discussion. The motion to table was seconded by Vice Mayor
Hammler.
The motion to table was approved by the following vote:
Aye: Hammler, Martinez, Reid, Wright and Mayor Umstattd
Nay: Butler and Dunn
Vote: 5-2
15. COUNCIL COMMENTS
Council Member Reid noted he was the only Council Member present at the
meeting with Senator Herring. He stated they discussed the legislative program. He
stated Senator Herring was asking whether he should ask the State Police to pick up
some of the patrol duties in Town. He stated that is something Council may need to
think about concerning resources. He stated Senator Herring offered to write letters of
support to get something in the federal transportation authorization bill in case the
TIGER Grant falls through. He stated he has been pushing for a few years to expand
the Flower and Garden Show, so they will be expanding to Wirt Street. He stated he
feels this is a good thing.
Council Member Butler stated something that needs to be talked about is
encouraging Council to have a two week delay on divisive issues. He stated there are
a number of citizens that want to provide input. He suggested updating letters from
staff so they will clearly state that Council may make a decision at a meeting. He
stated he attended the HOA meeting on Clubhouse Drive and the owners of trailers are
very concerned over where they can park trailers over the winter. He stated he was
sorry he missed the Jasmine Sushi ribbon cutting. He stated he is looking forward to
the Halloween Parade.
Council Member Wriaht disclosed a meeting with Market Square Potomac
Station concerning their continuing development on the property.
Council Member Martinez stated he had the honor of picking up the awards at
the VMt_ conference. He stated they won the Go Green Competition, which was
accompanied by a $3,000 check. He stated the achievement award was for Kaj
Dentler and the Parks and Recreation Department and Commission taking the
Symington donation and turning it into such a great project. He stated he attended
sessions on social networking, public/private partnerships, and said he would
summarize the information and send it out in an email. He stated he is excited so
many residents came out to voice their opinions about issues in their neighborhoods.
He thanked the Boy Scouts for coming out.
Vice Mayor Hammler thanked Council Member Martinez for taking time off work
to attend the VML conference. She stated it has been tough to juggle the additional
meetings with legislators, so she would appreciate going back to evening meetings
with the legislators. She stated there is now running water at the Dog Park so owners
do not have to bring bottled water thanks to the Friends of the Dog Park group. She
welcomed the new county administrator, Tim Hemstreet. She disclosed a meeting
with )an Zacharias. She stated it was an honor to be part of listening to all the
Town Council Meeting of October 27 2009 Page 25
petitioners who came forward. She stated Bob Twigg is in her prayers. She thanked
Marantha on the phenomenal job that was done with the first annual Small Business
Development Center business plan competition. She stated all the ideas coming
forward were completely energizing.
Council Member Dunn stated he was working on his Halloween costume.
16. MAYOR'S COMMENTS
Mayor Umstattd sent her best wishes to Bob Twigg.
17. MANAGER'S COMMENTS
Mr. Wells had no comments.
18. CLOSED SESSION
None
19. AD]OURNMENT
On a motion by Council Member Martinez, seconded by Mayor Umstattd, the
meeting was adjourned at 12:11 a.m., Wednesday, October 28, 2009.
w. I.
`Kris n C. Umstattd, Mayor
Town of Leesburg
Clerk of Council
2009_TCMIN1027