HomeMy Public PortalAbout2009_tcmin1110COUNCIL MEETING
November 10, 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: Council Member Dunn arrived at 8 p.m. Council Member
Martinez arrived at 9:05 p.m.
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, Director of Plan Review Bill Ackman, Director of Planning
and Zoning Susan Berry Hill, Director of Finance Norm Butts, Director of Human
Resources Nancy Fixx, Deputy Director of Planning and Zoning Brian Boucher, Zoning
Administrator Chris Murphy, Airport Director Tim Deike, Assistant Director of Capital
Projects Tom Brandon, Assistant Director for Recreation Kate Trask, Deputy Zoning
Administrator Wade Burkholder, Senior Project Manager Lee Phillips, Urban Forester
)ay Banks, and Clerk of Council Lee Ann Green
1. CaII to Order
2. Invocation was lead by Candace Brinkley and Johnny Rocca
3. Salute to the Flag was lead by Council Member Wright
4. Roll Call showing Council Members Dunn and Martinez arriving late.
5. Minutes
a. Work Session Minutes of October 26, 2009
On a motion by Vice Mayor Hammler, seconded by Council
Member Butler, the minutes were passed 5-0-2 (Dunn and Martinez
absent).
b. Regular Session Minutes of October 27, 2009
On a motion by Vice Mayor Hammler, seconded by Council
Member Butler, the minutes were passed 5-0-2 (Dunn and Martinez
absent).
6. Adopting the Meeting Agenda (Amendments and Deletions)
Council Member Wright made a motion to adopt the meeting agenda
after adding an amendment to discuss streetlights in the downtown and defer
the vote on Item lOd. The motion was seconded by Vice Mayor Hammler.
The motion to adopt the meeting agenda passed by the following vote:
Aye: Butler, Hammler, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Dunn and Martinez absent)
Town Council Meeting of November 10, 2009 Page 2
7. PRESENTATIONS
a. Proclamation -Native American Indian Heritage Month
On a motion by Vice Mayor Hammier, seconded by Council Member
Reid, the following was approved 5-0-2 (Dunn and Martinez absent).
PROCLAMATION
NATIONAL AMERICAN INDIAN HERTTAGE MONTH
NOVEMBER 2009
WHEREAS, on November 15, 1994 President Clinton issued a
proclamation based on Senate Joint Resolution 271, designating the
month of November as "National American Indian Heritage Month; and
WHEREAS, American Indians, the first Americans, have made
enormous contributions to the life of our Country and the earliest
beginnings of its history; and
WHEREAS, American Indians have greatly enhanced the culture,
prosperity and greatness of our Commonwealth and nation; and
WHEREAS, local organizations such as the Loudoun Museum and
the Thomas Balch Library both offer a variety of information for
individuals who wish to discover the contributions that American Indians
have made to Loudoun County and nationwide; and
WHEREAS, it is fitting to recognize the many accomplishments
and contributions of American Indians to our shared culture and to the
preservation of our lands and of the tradition of America's first
inhabitants.
THEREFORE PROCLAIMED, by the Council of the Town of
Leesburg in Virginia the month of November of the Year 2009 as National
American Indian Heritage Month in the Town of Leesburg and urge the
citizens of Leesburg, as well as all community organizations, to preserve
and remember the accomplishments of Native Americans throughout the
history of our nation.
PROCLAIMED this 10th day of November 2009.
b. Friends of the Balch Librarv Fund Raising Report
Ron Rust summarized the efforts of the Friends of the Balch Library
group to raise funds to support the library. He thanked the Council for their
continuing support. He detailed the fund raiser at Morven Park. He noted the
Friends netted approximately $13,000 with an increase in sponsors and
donors. He stated the next fund raiser will be in September and will be
publicized as soon as the details are finalized.
Council Member Reid suggested more frequent fund raisers and
partnering with local historic sites.
Town Council Meeting of November 10, 2009 Page 3
c, Loudoun Convention and Visitor's Center Quarterly Update
Cheryl Kilday highlighted some of the activities of "Visit Loudoun". She
stated based on research, Leesburg remains one of the most popular leisure
destinations in Loudoun. She noted the sales team generated over $300,000
in direct visitor spending during the quarter.
8. PETITIONERS
The Petitioners section was opened at 8:05 p.m.
Ann Robinson, Clubhouse Drive, S.W., addressed Council regarding
Phase III of the Southwest Connector Trail. She stated there are over 200
homes in a cul-de-sac in her neighborhood. She stated she developed a
survey at her own expense for every home in the neighborhood. She stated
the returns were taken unopened to a notary public and tallied by her. She
stated of those returns, 75% said no to a multi-use path even if it goes down
the road and does not connect to Chancellor Street. She stated that Town
Staff is telling residents to go through the condominium board to express
themselves in this matter, but the condominium board does not speak for the
majority of residents because many of the homes are rentals and the owners
do not live in the community. She stated there is a prevailing sense of tenant
residents being second class citizens and not having a voice in community
affairs. She stated although Town Staff called a community meeting on
Thursday night, many residents work on Thursdays and will not be able to
attend. She requested the Council accept the survey as representing the will
of the residents of Country Club Green Condominiums.
The Petitioner's section was closed at 8:10 p. m.
9. ADOPTION OF THE CONSENT AGENDA
On a motion by Council Member Butler, seconded by Council Member Wright,
the following consent agenda was proposed:
a, Authorizing a Time Extension and Approving a Performance Guarantee
for Completion of the Public Improvements for Oaklawn Townhouses -
Section II
RESOLUTION 2009-134
Authorizing a Time Extension and Approving a Performance Guarantee
for Completion of the Public Improvements for Oaklawn Townhouses -
Section II
b. Approving an Addendum to the Current Lease with Failmezger
Investments for the Property Known as Oide Izaak Walton Park
RESOLUTION 2009-136
Approving an Addendum to the Current Lease with Failmezger
Investments for the Property Known as Olde Izaak Walton Park and
Authorizing the Town Manager to Execute such an Addendum
c. Lease of Water Tower Space for Communications Antenna
RESOLUTION 2009-135
Town Council Meeting of November 10, 2009 Page 4
Authorizing a Lease Agreement with T-Mobile Northeast, LLC for
Telecommunication Antenna on Carr Tank No. 2
d. Svcolin Road Widening Project Phase II Easements
RESOLUTION 2009-130
Declaring that a Public Necessity and Use Exist, Authorizing an Offer to
Acquire Easements and Rights-of-Way from PIN 190-15-8432-00 and
191-46-1875-000 for Sycolin Road Widening Phase II Project, and
Authorizing Condemnation if the Offer is not Promptly Accepted
The Consent Agenda was approved by the following vote:
Aye: Butler, Dunn, Hammier, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
10. PUBLIC HEARINGS
The following two public hearings were opened concurrently.
Amending Articles 12 and 19 of the Leesburg Zoning Ordinance
Regarding Tree Conservation
b. Amending Article 8 and Appendix A of the Leesburg Design and
Construction Standards Manual
The public hearings were opened at 8:17 p.m.
Wade Burkholder reviewed the proposed amendments to the Leesburg
Zoning Ordinance. He stated the Town Plan is one of the guiding documents
that staff uses as well as the Urban Forestry Management Pian. He stated the
Leesburg Zoning Ordinance is modeled after Section 15.2-961 of the Virginia
State Code, which focuses primarily on the replacement of trees during the
development process and changes to the State Code have enabled
communities in non-attainment air quality areas to adopt legislation to protect
existing trees during development and establish mechanisms to protect and
maintain the tree canopy. He stated the staff was looking for an efficient way
to reach the goals and objectives of the guiding documents in terms of tree
canopy and conservation.
He distributed revised language which exempts site plan waivers, minor
site plans and minor subdivisions because they are smaller scale plans and the
requirements could be onerous, He also noted that projects currently under
review will have time to be reviewed under the old language.
He discussed the tree preservation and tree canopy fund noting it is to
be used when the full canopy requirements cannot be met on site for some
reason. He stated they have established costs for trees fora 20 year canopy.
He stated credits are available for tree canopy and this section was fully
discussed by the Tree Commission and the Environmental Advisory
Commission. The section primarily discusses a minimum 1.5 credit given for
keeping existing mature trees on site.
Mayor Umstattd questioned whether the credit could be revoked if the
building practices of the developer cause the death of a tree.
Town Council Meeting of November 10, 2009 Page 5
Mr. Burkholder stated they would still retain the credit because it is part
of the site plan process; given and documented at the time of the site plan
approval. He stated there are new guidelines being proposed for fencing and
tree inventory in the DCSM which hopefully will keep the trees safe during the
construction process.
Jay Banks stated the Town does have the recourse to extract a
comparable number of trees given a formula that is included in the ordinance.
Mr. Burkholder stated another major change is in the waiver criteria.
He stated the process stays the same; however, it gives the Land
Development Official the permission to ask for payment into the tree fund
which gives the Town more flexibility to make up the landscaping that would
have been lost.
Mr. Banks explained canopy credits. He stated the table shows
different types of canopies and the values. He showed the requirements of
other jurisdictions and how the Town will be bringing its regulations into
alignment with the standards of other Northern Virginia localities.
Mayor Umstattd verified that these amendments will bring the Town
forward in tree preservation.
Mr. Burkholder stated the Definitions section will need to be amended
as well to take into consideration the new language that is contained in the
proposed amendments.
Lee Phillips stated the Design and Construction Standards Manual
(DCSM) revisions are mostly drawings that either add new drawings or
upgrade existing drawings that are already included in the DCSM. He stated
staff has applied the proposed regulations to some actual cases. He described
how the regulations would affect each of those actual cases.
Mr. Burkholder stated staff has met with the development community,
the Tree Commission and the Environmental Advisory Commission. He noted
their comments were taken into consideration when developing these
regulations. He stated these regulations are the first step into coming into line
with the rest of the Northern Virginia area with regards to tree preservation.
Council Member Dunn questioned whether Bradford Pears are
acceptable 20-year trees and how the tree fund is currently used and what
triggers using the fund to add to the tree canopy
Mr. Burkholder verified that Bradford Pears are not included and
currently there is no tree fund; this legislation would enable the establishment
of such a fund.
Council Member Dunn questioned how the money would be used.
Mr. Banks noted there is a tree planting master plan which is waiting
for funding and that guidelines would need to be established.
Town Council Meeting of November 10 2009 Page 6
Vice Mayor Hammier questioned the return based on establishing these
policies, particularly since the Town is almost built out. She questioned why
this has taken so long,
Mr. Burkholder stated the Town will see the biggest benefit in lower
density residential areas. He stated staff looked at the new state enabling
legislation and has taken the time to put together what they feel is the most
effective way to ensure tree conservation and preservation.
Council Member Wright commended the Planning Commission for fully
vetting this before moving it forward.
Council Member Butler verified the Town cannot require a developer to
save trees in by-right development because there is no state enabling
legislation.
Council Member Reid clarified there is money in a fund from proffers
and capital projects for trees and conservation.
Mr. Wells noted there was a special fund set aside for the Virginia Tech
memorial and a fund for proffer monies for the tree development on Battlefield
Parkway.
Mr. Banks verified that money is still in a capital projects fund.
There was discussion regarding things that could qualify for exemptions
including site plan waivers, minor site plans, and minor subdivisions.
Mayor Umstattd expressed concern over using tree fund money for
beautification.
Staff pointed out the tree fund money would be only available for
landscaping and could not be used for art work or other °beautification"
projects and that administrative guidelines would need to be developed if this
ordinance is approved.
Mr. Burkholder noted Fairfax County is recommending the "shall" be
changed to "should" with respect to plans being developed with input by
certified arborists.
Benjamin Leigh, Atwell, Troxell & Leigh, spoke on behalf of Rivercreek
Village. He stated of issue to the development community is the distinction
between grandfathering and vesting. He stated from an administrative
standpoint you need to have regulatory consistency.
Neely Law 213 Lawford Drive, Chair of the Environmental Advisory
Commission (EAC) ,thanked staff for allowing the EAC and the Tree
Commission to speak to specific concerns they had. She stated they felt the
concerns were met in the ordinance to be approved. She stated trees are an
economic development incentive as they increase the liveability of the Town.
She noted this sends a message that this Town values its trees.
The public hearings were closed at 9:22 p.m.
Town Council Meeting of November 10 2009 Paae 7
On the motion of Council Member Reid, seconded by Council Member
Dunn, the following was proposed:
ORDINANCE 2009-0-022
Amending Articles 12 and 18 of the Leesburg Zoning Ordinance
regarding Tree Conservation
Council Member Reid stated the Town can see how this works and if
necessary, petition the General Assembly for more powers. He stated as a
former liaison to the Tree Commission, he was eager to see this legislation
passed at the State level.
Council Member Dunn questioned if there should be a deadline for the
establishment of the guidelines that deal with the funds. He expressed
concern regarding the inclusion of non-profit groups using the funds.
Ms. Irby suggested the following language "no funds will be distributed
until such time Council has approved operating procedures" to avoid delaying
adoption of the ordinance and collection of funds.
Mr. Wells stated staff could have some draft procedures for Council to
look at the first meeting in January.
Council Member Reid made a friendly amendment to accept the
language suggested by the Town Attorney. He also made a friendly
amendment to strike the words "community beautification" and insert the
words "tree planting projects that benefit the community at large". He made
an additional friendly amendment to include the words "including the right of
way on public roads". These friendly amendments were accepted by Council
Member Dunn.
Council Member Hammier stated since this is a priority for the Town, it
might be possible to look at previous developments and see what would have
been offered under this legislation and see if those business/property owners
might be willing to voluntarily support specific projects or tree plantings.
Council Member Wright made a friendly amendment to change the word
"shall" to "should" in the sentence "...be prepared in consultation with an
arborist...".
There was discussion that the enabling legislation allows the Town to
make the requirement mandatory; however, Council consensus was to make it
optional.
Dunn.
This friendly amendment was accepted by Council Members Reid and
Council Member Butler reiterated his thanks to all the commissions for
their hard work on this legislation.
Mayor Umstattd stated she wishes the Town had more authority to
preserve trees during the development process.
Town Council Meeting of November 10, 2009 Page 8
Council Member Reid stated Leesburg has lost 80% of its tree canopy
since the early 1990's. He stated this Town is gung-ho, proactive on trees and
this ordinance sets a good standard. He stated he is proud to be moving this
forward tonight. He thanked the Commissions that worked on the legislation.
The motion passed by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
On the motion of Council Member Butler, seconded by Council Member
Wright, the following was proposed:
ORDINANCE 2009-0-023
Amending Article 8 and Appendix A of the Leesburg Design and
Construction Standards Manual
The motion passed by the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
Endorsing the Application and Authorizing the Town Manager to Execute
the Application for a Transportation Enhancement Grant for the
Downtown Streetlights Project
The public hearing was opened at 9:40 p.m.
Tom Brandon stated the Transportation Enhancement Program is
funded by VDOT and intended to fund "non-traditional" transportation projects.
He stated for the past four years, the Town has applied for this grant and has
been successful for the three out of those four years. He stated successful
application for this grant will allow the project to continue.
Council Member Dunn questioned the location of the streetlights.
Mr. Brandon stated the program includes North King at Cornwall Street
to just south of Loudoun Street, Market Street from just west of Liberty to
Church Street, Loudoun Street from just west of Liberty to Church Street and
Wirt Street between Market and Loudoun Street. He stated based on what has
been received in grants so far, the first phase will be Market and King.
Council Member Dunn stated some citizens on North King have been
waiting for a long time to get street lights. He questioned whether there is
flexibility to go further north on King, rather than east or west on Loudoun.
Mr. Brandon stated there would be design costs involved, but the
project area could be redesigned.
There were no speakers for this public hearing.
Town Council Meeting of November S0, 2009 Page 9
On a motion by Council Member Reid, seconded by Council Member
Wright, the following was proposed:
RESOLUTION 2009-131
Endorsing the Application and Authorizing the Town Manager to Execute
the Application for a Transportation Enhancement Grant for the
Downtown Streetlights Project
Council Member Wright verified that additional funds may be needed to
expand the project to include more of North King Street.
Council Member Dunn questioned whether there was time to defer
voting on this issue until the next Council meeting.
Mr. Brandon stated there is a one block section of Wirt Street that will
be difficult because of the overhead wiring. He stated those lights can be
moved to North King Street.
Mayor Umstattd questioned whether there was anything in the
advertisement that would lead the public to think that Wirt was included and
North King was not?
Mr. Wells stated the CIP is a public document and shows the
parameters of the project. He suggested enlarging the footprint of the project
and moving the lights after an appropriate outreach to the community.
Mr. Brandon stated this is a multi-year project and could be redefined
at any time because additional funding will needed for completion.
The motion passed by the following vote:
Aye; Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
Amending the Town Code to Permit Alcohol at Designated Town
Facilities and Events
The public hearing was opened at 9:52 p.m.
Richard Williams stated that Parks and Recreation worked with the
Leesburg Police Department as well as the Town's insurance provider to
develop a process that would safeguard the Town as well as provide a
mechanism for providing alcoholic beverages on at several Town facilities as
well as at several Town events. He stated the Economic Development
Commission felt this would be a positive economic driver for the Town by
bringing additional people to the Town. Also, the Parks and Recreation
Commission endorsed the policy.
He reviewed some of the highlights of the policy including the right to
revoke permission for alcohol at any time for any reason. He noted any
alcohol served at Town events would be served by outside vendors, who would
be responsible for meeting all requirements of the Virginia ABC laws.
Town Council Meeting of November 10 2009 Page 10
Vice Mayor Hammier questioned whether this policy would include Balch
Library as the Friends of the Balch could use that facility for select fundraising
events.
Mr. Williams stated the code change deals with specifically the Parks
and Recreation section of the Town Code.
There was discussion regarding the Town's ability to revoke permission
for any reason at any time. It was noted this could be used in case the
applicant was not truthful on the application or the event got out of control.
There was additional discussion over small amounts of alcohol being
used at religious celebrations. It was noted that security may be waived if the
type of event does not warrant it.
Ron Rust, Thomas Birkby House, expressed his general support for the
code amendment. He stated he believes it will bring more people into
Leesburg. He commented banquet licenses are not necessary as long as only
invited guests are attending. He discussed insurance requirements and added
only caterers should be serving the alcohol. He suggested being flexible on
the addition of a signature drink to the allowed beverages.
The public hearing was closed at 10:07 p.m.
Council Member Martinez made a motion to suspend the rules to vote
on this item tonight. The motion was seconded by Vice Mayor Hammier.
The motion to suspend the rules was approved by the following vote:
Aye: Butler, Hammier, Martinez, Reid, Wright and Mayor Umstattd
Nay: Dunn
Vote: 6-1
On a motion by Council Member Martinez, seconded by Vice Mayor
Hammier, the following was proposed:
ORDINANCE 2009-0-024
Amending Chapter 26 (Parks and Recreation) of the Leesburg Town
Code to Permit Alcohol at Designated Town Facilities and Events
Council Member Dunn stated this is the first step and the second step
will be expanding the time, and the third step will be to consider additional
locations. He expressed concern that at some point alcohol will be served at
the special needs playground, He stated Council is considering an activity that
might "get out of control". He stated he has reservations about it and does
not feel the income outweighs the risks involved. He expressed concern that
as the policy is expanded, the Town will become more competition to private
enterprise than a help to private enterprise.
Vice Mayor Hammier thanked Mr. Rust and his wife for coming out to
express their support of this amendment. She also thanked the Economic
Development Commission and the Parks and Recreation Commission for their
review. She stated from a business perspective, she is struck by the number
of entrepreneurs that are involved in local beers and wines.
Town Council Meeting of November 10 2009 Page 11
Council Member Wright complimented staff, the Parks and Recreation
Commission and the Economic Development Commission for fully vetting this
policy. He stated Mr. Rust's position surprised him and he thanked Mr. Rust
for taking the time to come out to provide feedback. He stated he has had
reservations about this from the start that the Town does not need to be
getting into this business,
Council Member Butler also thanked staff for the process. He stated he
feels this is a reasonable step as reasonable adults should be able to
participate in this type of activity. He stated he would be supporting this
amendment because there are ancillary economic benefits, such as business
for caterers that this would bring.
Council Member Reid stated he was initially concerned that this would
have a negative impact on businesses and was surprised when the owners of
the Birkby House and other business owners supported the amendment.
Mayor Umstattd stated she has been undecided on this issue ever since
it was initiated. She stated there is always the concern that someone might
drink too much at a Town facility and then injure someone, but this could
happen in any establishment in Town. She noted the environment will be
more securely regulated at Ida lee than other places. She stated some of the
comments made tonight by Council Member Reid, particularly those about
making the facilities available for religious groups who use alcohol as part of
their celebration, and Mr. Rust's comments about offering an alternative, less
expensive location for wedding parties to have rehearsal dinners, have
persuaded her to support this amendment.
Council Member Martinez stated he understands the concerns some of
the Council Members have about this amendment. He stated this is a
community and should offer the opportunity for everyone to use its facilities.
He stated the vetting process has given the community the opportunity for
input.
The motion passed by the following vote:
Aye: Butler, Hammier, Martinez, Reid, and Mayor Umstattd
Nay: Dunn and Wright
Vote: 5-0
11. ORDINANCES
a. None
12. RESOLUTIONS
a. Early Retirement Program
Mr. Wells stated this would be a voluntary early retirement opportunity
for Town employees. He stated currently the Town has 91 employees that
eligible either for full or reduced retirement with 16 eligible for full retirement
and this would change the sick leave payout with aone-time change to 75%.
He stated this would pay for itself by either reduced salaries of new employees
coming into the position, or a decision might be made not to fill the position.
Town Council Meeting of November S0, 2009 Page 14
b. Making an Addition to the Legislative Agenda
On a motion by Vice Mayor Hammler, seconded by Council Member
Butler, the following motion was proposed:
MOTION
Amending the Town`s Legislative Agenda to include provisions to pursue
changes to the State Code to allow for the certification of Property
Maintenance Inspectors that do not require certification in areas such
as plumbing, electrical, heating or air conditioning standards
Vice Mayor Hammler stated this is one specific item related to moving
forward quickly with the Legislative Packet, but will be bringing forth a
comprehensive set of policy recommendations as a result of Council's in-depth
discussion on ways to be very proactive with overcrowding issues in Town.
She stated it takes 18-20 months to certify an inspector when we really need
them to concentrate on this specific problem that is causing a great deal of
quality of life issues for our residents.
Council Member Martinez stated he does not feel this is the right time
to put it on the Legislative Agenda. He stated the County needs to step up to
the plate and perform these inspections. He stated we need to discuss what
the Town wants to do because the impact of changing the regulations will be
too far down the road to do any good now.
Council Member Wright expressed his concern that this is a county
responsibility and he is very leery about assuming more County roles. He
stated there needs to be discussion on how to close the gap between how the
County operates and how it should be operating.
Council Member Butler stated the County should be the first step;
however, he does not see any harm in putting this on the Legislative Agenda
as another tool in the toolbox.
Council Member Reid agreed, saying discussing this with the state and
federal delegations may bring suggestions from them. He stated this does not
preclude with the County to improve inspections, but allows the Town to
pursue it on all tracks.
Vice Mayor Hammler stated the Town could benefit from this type of
specific provision that would empower the Town employees to have the
certification to facilitate what they are already working on. She stated we
need to stay the course to ensure the County serves the Town taxpayers, but
this could be an important enhancement and sends a strong communication
statement because overcrowding needs to be taken very seriously,
The motion passed by the following vote:
Aye: Butler, Dunn, Hammler, Reid, Wright and Mayor Umstattd
Nay: Martinez
Vote: 6-1
c. Downtown Streetlights
Council Member Wright stated this was an initiative by the Planning
Commission and there has been ongoing discussion about the light fixtures
Town Council Meeting of November S0. 2009 Page 15
that have been selected. He noted the Carlyle Acorn had not been previously
considered when the Decorative Acorn was selected. He noted the BAR did
review the Carlyle Acorn and that it is not full cut off, so not completely in
compliance with Town standards.
Ms. Irby stated the BAR made a decision two years ago, so the appeal
period has passed. She stated if the Council wants to look at the Carlyle
Acorn, then the Council needs to initiate a new review.
Council Member Reid made a motion to call it a "beehive", not an
"acorn". The motion died for lack of a second.
15. COUNCIL COMMENTS
Council Member Dunn encouraged everyone to attend the sunrise ceremony at
the National Cemetery at Balls Bluff at 6:30 a.m. He read excerpts from letters from
actual soldiers throughout history.
"I should wrote oftener but have been in expectation of coming home, but this
day find my expectations blasted and have no manner of hope to get home until April.
I have received my coat & boots by Capt. Weycoff and am inform'd you have procured
me some shirts which I am extremely glad of as I shall be in great need of them in a
short time. I'm at this present time in health, and hope these may find you all in
perfect health, if to the reverse at any time, please to give me intelligence thereof and
I shall come home at all Events," Lieutenant William Barton, of the Fourth New Jersey
Regiment, Camp Valley Forge, Feb. 18, 1778
"Tell Sis to tell Jane Roe that I have just got some photographs taken and they
are good ones and I am ready to fulfill my promise now by exchanging with her. I
should have done so before but these are my first pictures which I have had taken
since I saw her. I did not forget my promise to her that I would exchange with her. I
am still at work on the barracks. I must close hoping the money in this letter will
reach you all safe and before you are pressed for need of it. I remain your
Affectionate Son." George F. Elliott, Union Forks, Fort Reynolds, VA, December 11,
1963
"I took a bath and washed my clothes in an Alpine mountain stream this
morning and it was some cold, yes, it was colder than that. But more trifles like warm
bath are things that we have only a kind of hazy recollection of. Suppose that things
are moving along about the same in Ruthven. Corn husking will be on soon. I sure
would like to help pick at Saint's Rest this fall but have more important work cut out
for me. A U.S. farmer would starve to death in this country as he would have to go
back to the pioneer way of farming. I don't see very much difference between the
English and French as far as customs or habits, only that it is quite impossible to
understand a word the French say. It sounds more to me like an oid hen with twenty-
two chicks trying to keep away a bunch of pups. We have gone two days without
tobacco. Can get plenty of the English brand, but it doesn't taste much like tobacco."
Corporal Chester A. Tripp, 351st Infantry Co. C., American Expeditionary Forces,
Somewhere in France, September 22, 1918.
"Darling: We had an early noon mess today, so I may as well write my darlings
letter now while I have time. This morning we had some drilling and another lecture
on rifle ranges and of course our calisthenics. This afternoon we are going to have a
parade. The first one in about 10 days. It is now 12 o'clock and we're not scheduled
to fall out until about 1 p,m. Tonne, I want to get a haircut, it's about one inch long
Town Council Meeting of November S0, 2009 Page 16
already and my side burns are coming back. I'II get "goofed off" if I don't get one."
Private Herbert Beyer, U.S. Army Air Forces, March 15, 1943
We have been going through a real rough time and a week ago we had to
watch as they put a couple of our friends in some body bags. But the care packages
that you have sent really put a smile on all of the soldier's faces and gave them a
piece of home. Some of them broke down and cried and some just sat on the desert
floor and ate the goodies. We are all trying to send a picture to the local newspaper
thanking you and the church personally. I don't know if it will happen, but I want to
personally say I thank God for you and all those who gave." SSGT Arthur L. Felder,
Iraq.
Vice Mayor Hammier thanked Council Member Dunn for his service in the
military. She stated if it was not for the Veterans, this country would not have the
opportunity for entrepreneurs and the type of society that we have to pursue dreams
and opportunities. She stated the Small Business Awards was an incredible evening
noting Ara Bagdasarian's Omnilert won in the Tech business category. She stated a
small business owner mentioned to her that Mr. Wells was wonderful. She stated the
Winter Farmer's Market ribbon cutting was a wonderful event. She noted a new
bakery, Sweetz, has opened in Town and congratulated Wegman's on their grand
opening. She thanked the Kiwanis for the Halloween parade and Target for their
donation of candy for the parade.
Council Member Martinez agreed with the sentiments regarding Veteran's day
and reiterated we have to support the troops all year, not just on Veteran's Day. He
stated he appreciates Senator Webb's continuing efforts in Congress to support the
Veterans and added the State of Virginia is not doing enough to support returning
Veterans. He noted just because they are back and alive, does not mean they are
whole. He stated they do not just need medical help, but help getting on their feet.
Council Member Wright stated the there was a good turnout at the Halloween
Parade. He thanked Council Member Dunn for his comments and thanked all the
Veteran's for their service. He stated the commitment is not just from the servicemen
and women, but their families as well.
Council Member Butler stated he and Council Member Reid attended the
meeting with the residents of Clubhouse Drive and was a good start on moving
towards awin-win. He stated Staff did not select the December SO date, but it is the
date of the Condominium Association's annual meeting. He stated his wife attended
the grand opening of Wegmans. He stated this year's Halloween parade was a lot of
fun. He stated he was very moved by the Native American ceremony at the beginning
of the meeting and suggested Council think about the Native Americans every time
they make a land use decision.
Council Member Reid thanked Council Member Butler clearing up the
misconceptions about the December 10 meeting with Clubhouse Drive residents. He
congratulated the winners in the November elections. He stated he attended a
Veteran's day luncheon at Meadow Gien. He offered condolences to the families of the
victims of the Fort Hood shooting. He announced the next Coffee with Council will be
held at Cool Spring Elementary School on December 5 in conjunction with their Holiday
Bazaar. He announced the Pickwick Player's production of ")oseph and the Amazing
Technicolor Dreamcoat" featuring his daughter, Lara. He also noted )ohn Drury will be
appearing in Sterling Playmaker's production of "Twelfth Night". He stated he was
Town Council Meeting of Nouember 10, 2Q09 Page 17
disappointed u°~ith the I-1 .issue because ik was his recollection the motion was to
include not Drily the 50°la deal, but khe prescriptive use kables. He staked review of the
Zoning ordinance Is a good thing to look at a way to make it easier for ttie;small
business owner. He stated it is very possible the ordinance is geared towards
developers, but ndt the small business owner that wants adaptive reuse of existing
buildings, iie staled he wanted to look at the PD-Tp as we€I and. hopes that staff and
the Planning Commission will Zook outside the county`s box durir7g these discussions.
He thanked everyone for their comments regarding Veterans.
aY~R~~ ~~sMr~-~ri~~
Mayor Umstattd thanked Alexandra Gressitt and the Balch Libraxy Commission
for a fine job on the Balch 1listory Awards and thanked Council Member Martinez for
attending. She congratulated the winners of the awards, She confirmed the sunrise
Veteran's Day ceremony will be head at 6.'30 at BaIIs Bluff Cemetery and noted there is
a short walk from the packing. area. She noted at 10:30 a.m, tf7ere is a ceremony at
Dodona Manor. She stated central seatvng is reserved for the. National .Guard since
this ceremony'is to honor the National Guard. She stated there will be-a tent in case
of rain. She thanked Aisan Malaearne for her efforts in setting up boxes at the Coffee
Bean and Leesburg Pharmacy for items to be donated to servioe members in Iraq.
13. n1ANAG~R'S ~MiB~T
Mr. WeEls had nti cdmments.
18. CL05D §ESI3'~
None
1~. AJOt1i2(~NT
On a motion by Council Nienber Wright; seconded by Council Member Butler,
the meeting was adjourned at 11:28 p, m,
i r ~
i ' ~`t [
Kristen C. U~iistattd, Mayor s
Town of Leesburg
Clerk c~i'
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