HomeMy Public PortalAbout2010_tcmin0914COiJNCIL MEETING September 14, 2010
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding
Cooncil Members Present: Thomas Dunn, II, David Butler, Katie Sheldon
Hammier, Marty Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor
Umstattd.
Council Members Absent: None
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy
Town Manager Kaj Dentler, Public Works Director Tom Mason, Information
Technology Director Wendy Wickens, Deputy Director of Parks and Recreation Kate
Trask, Drector of Finance Norm Butts, Deputy Town Attomey Bazbara Notar and
Clerk of Council Lee Ann Green
1. CALL TO ORDER
2. INVOCATION was lead by Council Member Reid
3. SALUTE TO THE FLAG was lead by Council Member Martinez
4. ROLL CALL showing all present.
5. MINUTES
a. Work Session Minntes of August 9, 2010
On a motion by Council Member Martinez, seconded by
Council Member Butler, the work session minutes were passed 7-0.
b. Regolar Session Minutes of August 10, 2010
On a motion by Council Member Martinez, seconded by
Council Member Butler, the minutes were passed 7-0.
6. ADOPTING THE MEETING AGENDA (Amendments and
Deletions)
Mayor Umstattd made a motion to adopt the meeting agenda as
presented after moving Items 12b and 12a after approval of the Consent
Agenda. The motion was seconded by Council Member Martinez.
The motion to adopt the meeting agenda passed by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor
Umstattd
Nay: None
Vote: 7-0
7. PRESENTATIONS
_ a. Resolution of Appreciation -Law Camp
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COUNCIL MEETING September 14, 2010
On a motion by Council Member Martinez, seconded by Counci]
Member Butler, the following Resolution of Appreciation was approved:
RESOLUTION OF APPRECIATION
Recognizing the 10`h Year of Law Camp,
the Organizers and the Participants
WHEREAS, "Leadership in the Law" or, as it has become
affectionately labeled, "Law Camp" celebrated its 10'" year of
introducing high school seniors to a program that develops critical
thinking, team building, and an appreciation for the law; and
WHEREAS, each yeaz twenty-four high school seniors are
challenged intellectually, socially, and physically as they team first-
hand about the legal system; and
WHEREAS, student legal teams take on the rolls of legal
professionals as they receive a case outline, study the facts, visit the
crime scene, interview wimesses and experts, analyze evidence, develop
exhibits and prepare wimesses and experts for trial; and
WHEREAS, the program culminates in a mockjury trial, in
which students assume the roles of lawyers; and
WHEREAS, the campers learn valuable skills from experienced
practitioners through instruction and hands-on demonstrations; and
WIIEREAS, the Leadership in the Law Summer Camp was
created by the Loudoun County Bar Association; and
WHEREAS, Judge Thomas D. Home, lawyers, law clerks and
other professionals have dedicated countless hours to the preparation
and completion of Law Camp.
THEREFORE, RESOLVED, by the Council of the Town of
Leesburg in Virginia and all citizens of the Town congamlate the
organizers, volunteers, graduates, and Judge D. Home for the 10'~ year
of Law Camp.
PASSED this 14'" day of September, 2010.
b. Certificates of Appreciation -Law Camp Participants
On a motion by Council Member Martinez, seconded by
Council Member Butler, certificates of appreciation were approved for
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COUNCIL MEETING September 14, 2010
organizers and participants of 2010 Leadership in the Law Summer
Camp:
__ Judge Thomas Home Jeanette Irby
Brandon Altamirano Henry Benitez
Nicholas Braddock Ellie Burnett
Raisha Chowdhury Nico Climaco
Cody Donald Brittany Felder
Kayla Ferrell Preston Foote
Elizabeth Gayheart Sarah Gilmore
Jawaid Hamidzada David Hams
Creston Irby Annemarie Lord
Hanna Metuda Lawen Notar
Mackenzie Orr Michael Schwinabart
Yasamin Sharifzadeh Tyler Smith
Alan Whang Jacob Zent
c. Proclamation -National Pa yroll Week
On a motion by Council Me mber Martinez, seconded by
Council Member Butler, the followi ng was proclaimed:
PROCLA MATION
National Payroll Week
September 6-10, 2010
WHEREAS, the American Payroll Association and its 23,000
members have launched a nationwide public awareness campaign that
pays tribute to the more than 156 million people who work in the United
States and the payroll professionals who support the American system by
paying wages, reporting worker earnings and withholding federal
employment taxes; and
WHEREAS, payroll professionals in Leesbwg, Virginia, play a
key role in maintaining the economic health of Leesburg, carrying out
such diverse tasks as paying into the unemployment inswance system,
providing information for child support enforcement, and carrying out
tax withholding, reporting and depositing; and
WHEREAS, payroll departments collectively spend more than
$16 billion annually complying with myriad federal and state wage and
[ax laws; and
WHEREAS, payroll professionals play an increasingly important
role ensuring the economic security of American families by helping to
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COUNCIL MEETING September 14, 2010
identify noncustodial parents and making sure they comply with their
child support mandates; and
WHEREAS, payroll professionals have become increasingly
proactive in educating both the business community and the public at
lazge about [he payroll tax withholding systems; and
WHEREAS, payroll professionals meet regularly with federal
and state tax officials to discuss both improving compliance with
govemment procedures and how compliance can be achieved at less cost
to both govemment and business.
THEREFORE, the Mayor and CouncIl of the Town of Leesburg
in Virginia hereby proclaim the week in which Labor Day falls as
National Payroll Week and support the efforu of the people who work in
Leesburg and the Payroll profession.
PROCLAIMED this 14'" day of September 2010.
d. Proclamation -Constitution Week
On a motion by Council Member Martinez, seconded by Counci]
Member Butler, the following was proclaimed:
PROCLAMATION
Constitution Week
September 17-23. 2010
WHEREAS, September 17, 2010, marks the two hundred
twenty-third anniversary of the drafting of the Consdmdon of the
United States of America by the Cons[imtional Convention; and
WHEREAS, it is fitting and proper to accord official
recognition to this magnificent document and its memorable
anniversary; and to the patriotic celebrations which will commemorate
the occasion; and
WHEREAS, Public Law 915 guarantees the issuing of a
proclamation each yeaz by the President of the United States of
America designating September 17 through 23 as Constitution Week,
THEREFORE, PROCLAIMED, by the Council of the Town
of Leesburg in Virginia the week of September 17 through 23, 2010 as
Constitution Week in the Town of Leesburg and further ask our
citizens to reaffirm [he ideals of that the Framers of the constitution had
in 1787 by vigIlandy protectittg the freedoms guaranteed to us through
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COUNCIL MEETING September 14, 2010
this guardian of our liberties, remembering that lost rights may never be
regained.
PROCLAIMED this 14'" day of September 2010.
8. PETTTIONERS
The Petitioners section was opened at 7:51 p.m.
Father John Mosimann, 101 Oak Crest Manor Drive, NE, thanked Council
for their assistance in moving the approvals for the church expansion along. He
invited the CouncIl to a ceremonial groundbreaking on October 2, at 2 p.m. with
Bishop Loverde. He stated the head of the building committee told him it was a great
joy to work with the town staff on this process.
Alan Hansen, Director of Architecture at PBI, encouraged the Council to
proceed with the downtown improvements project. He stated that following the CivIl
War, Leesburg's proximity to Washington speeded its economic recovery. He noted
during that era, Leesburg was an agrarian economy, but today is a mix of legal and
government offices, specialty shops, professional offices and restaurants. He stated
the sidewalks serve a greater function than a five foot wide path. He stated that
Kennedy Smith, a nationally renown expert on downtown revitalization, has said that
"historic downtowns must make it easy to develop downtown. Risk must be reduced
and rewards increased. They must be about public or street theatre, they must be
__ quirky and when they are, small industries come back downtown". He stated the
proposed downtown improvements must be implemented.
Frances Belote, stated with the state of the economy of the entire United
States, using tax dollars to pay for the Southwest Connector trail would be the wrong
thing to do. She questioned whether this service will be offered to all quadrants of
town if they want a bike path. She expressed concern for the church expansion and
the safety of the Dominion Academy students and [he bikers.
Fabian Saiedi, stated the problem in the downtown is not lack of sidewalks,
but is lack of traffic He stated the majority of the downtown business owners are not
in favor of widening the sidewalks. He stated lack of parking on the streets wtl] kill all
the businesses. He stated everyone will lose. He stated older people come downtown
and don't like to park in the parking garage.
Don Devine, stated he is thrilled about the major slate of improvements. He
stated connectivity is very important and believes that people should be able to walk
al] over downtown. He stated the alley needs to be improved. He stated he only
attended the last stakeholder's meeting and i[ did not seem like [he King Sneet
improvements would go anywhere. He stated the parking garage is full on weekdays
and weekends so there is nowhere for shoppers to park. He stated widening the
sidewalks on King Street will be the death of the merchants. He stated the
- construction, regardless of how it is phased, will tun out all of his tenants on King
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COUNCIL MEETING September 14, 2010
Street. He stated he cannot understand why they are widening only one side of King
Street. He stated the Leesburg is not broken. He stated every single tenant on King
Street is against the loss of street parking.
Stephanie Weiss-Wood, stated she just opened a retail business on S. King
Street. She stated she has no assigned parking and is extremely concerned that her
loading and unloading area might be taken away. She stated her customers are telling
her that they wiB stop coming if they cannot do it easily. She stated the businesses
that are trendy and can be presented to the 25-45 year old age group will be
successful. She stated her business is at stake because she cannot operate a business
without parking.
James Atkins, Box 2044 Middleburg, stated he is the chairman of the Board of
the Cherry Blossom Breast Cancer Foundation, which serves the women of Loudoun
and Fauquier Counties funding mammogams, treatment, detection technology and
education. He stated they partrrer with INOVA Loudoun Hospital, Loudoun
Volunteer Caregivers, Loudoun Community Health Center, Breast Cancer Network
of Snength and Fauquier Hospital. He stated thew major annual fundraiser is
October 10 when they hope to raise $300,000 with 1,000 participants at Morven Park.
He stated 80% of the money raised stays in Loudoun and Fauquier Counties. He
invited Council to come to Morven Park and represent the Town of Leesburg.
Amber Campbell, 422 Lawford Drive, stated in the economic downturn she
does not understand the spending of millions of dollars on a bike path that does no[
benefit al] the citizens of Leesburg. She stated if Council does this for one quadrant,
they must do it for all quadrants. She stated it is not pendent to spend taxpayers
money m this direction. She stated Council listened to the residents of Linden Hill
and helped create a solution. She stated that Leesburg does have an image problem of
not being business friendly. She stated she cannot understand why Council would
consider putting a bike trail in front of a church that has been around 125 years which
would compromise their ability [o expand and gow for the future. She reminded
Council that they represent the needs of the voters, not the ad hoc committee.
Charles Smith, 716 Donaldson Lane, stated he has lived in town for 48 years.
He urged Council to cancel the entire Southwest Connector Trail project. He stated it
is inappropriate in this environment. He urged Council to use that funding for public
safety or lowering taxes.
Kim Ritz, 313 Riding TraIl Court, stated she has 400 petitions against the
Southwest Connector, Phase I. She stated there will be some improvements, but they
will not be as old as the trees that will be lost. She stated as a Leesburg resident, she
does not understand fiscally why the town would spend [his much money on the trail.
She stated she understands that the School Board is separate from the town
government, but the perception is that the money could be better spent.
Mary Hope Worley, 312 Evergreen MID Road, SE, summarized her remarks
from August by urging the Council to vote no to the plan to take land from the
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COUNCIL MEETING September 14, 2010
Community Church for the purpose of building a bike trail. She stated removing
acreage for any purpose will significantly interfere with the plans for growth as
envisioned by this church. She stated the church property represents a huge financial
investment of many people in the town. She stated the church is heavily used seven
days a week starting at 6 a.m. for the early program at Dominion Academy. She
stated recently the church has increased leadership m hosting seminars and Dominion
Academy easily generates 600 vehicles crossing the proposed bike trail daily. She
stated inconsideration for the safety and security of the church and the safety of the
residents who would use the bike traB, she urged Council to vote no.
Stanle~Caulkins, 102 Morven Park Road, SW, stated his father came here in
1937 as a Baptist preacher. He stated the audio system is working for the first time in
years. He requested the Southwest Connector Trail be removed from the Capital
Projects program. He stated that sight distances at the corner of Lee Avenue and Dry
Mill Road is too short. He stated making a safe crossing is impossible. He stated the
Bade from the church property to the country club is too steep for the bridge. He
noted there is no curb and gutter on the Lutheran Church property. He also stated the
town has an easement on the Rodgers property and questions why another easement
is needed.
Max Peterson, stated he has some experience locating trails. He stated one of
the fast things you look at is where you mix trails and traffic. He stated the church
has three driveways that [he path wIll have to cross, which is a dangerous situation.
He stated another problem is the path will be a route to the high school.
Ken Parks, comer of Lee Avenue and Dry Mill Road, stated he is also
speaking for Betty Phillips, who lives across the street. He commented that this is too
much money for too litfle benefit for too few people. He stated there are many better
uses for the money with more benefit for a larger number of citizens of Leesburg. He
recommended citizens of the town attend Council work session meetings because
they will be impressed by the difficulty of a Council Member's job and how hard [hey
work.
Kristen Kalina, Hamilton, Virginia, stated she represents the 300+ parents of
Dominion Academy students, which is located at Leesburg Community Church. She
reiterated the Academy's firm opposition to the Southwest Connector trail as it passes
through Dominion Academy and Leesburg Community Church property. She stated
this proposed trail crosses through Dominion Academy's only sports playing field and
threatens to interrupt the morning and afternoon carpool and aeate a dangerous
simation for everyone involved. Further, she added it invites strangers on to
elementary school property. She stated the parents, who are taxpayers and voters, are
concerned about the number of problems that will be created by this situation and
urged Council to vote to remove this from the town's CIP.
Kevin Murrav, stated he is an engineer who has worked with Leesburg Baptist
Church over the last decade to help them develop their plans for their property. He
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COUNCIL MEETING September 14, 2010
stated the constituents ask Council to make wise choices and be fiscally responsible.
He stated the time is not right for this bike trail.
__ Kent Ballard, thanked Council for their time and effort evaluating this
Connector Trail. He stated he lives in Waterford and has been a member of Leesburg
Baptist Church for over 10 years. He stated he has been on the Board at Dominion
Academy for the past two years and served as the architect for the church expansion.
He noted that plans for the expansion of Dominion Academy have had to change
because the Wage Drive storm drainage easement took away valuable land. He
stated the driveway entrances to the church property will have to be crossed by the
trail and will set up a potential accident problem.
Alan Stansford, 314 Riding Trail Court, stated he is the senior pastor of
Leesburg Community Church. He thanked the Council for hearing the church's
concerns. He stated the church is unanimous in the feeling that the three easements
will make it impossible to do the things that the church plans to do. Further, he
added that peak usage times for the trail are also peak usage times for the church.
Bill Hudsueth, 605 Hillview Place, SW, discussed the benefit of prayer in
schools. He stated Dominion Academy is able to educate students for a third of what
it costs public schools to educate a child. He stated this is the wrong project at the
wrong place at the wrong time.
Dennis Matheson, 512 Fortress Circle, SE, stated he is a member of Leesburg
Community church and currently serves as the Chairman of the Board of the church.
He thanked staff for working with them to look at altematives. He stated the church
is not here to propose alternatives because they do not feel it would be right to put it
on someone else's property. He stated the church is opposed to the project as a
church. He stated even staff is very amazed at the amount of traffic on Lee Avenue
and Davis Drive in the afremoon. He questioned whether the timing is right from an
economic standpoint. He stated a better use of funds would be to look at ways to
bring in new business.
Timothy Schott, 703 Country Club Drive, SW, stated the town has done a
poor job of keeping residents informed about this project. He stated the town's
project web page is out of date as the most recent update mentions the June 14
Community Input Meeting but a summary is not posted. He stated this is nothing
new and cited the example of the Wage Drive project. He stated it should not be
necessary for residents to send emails or make phone calls to get basic information on
what is happening with town projects. He stated the South King Street traIl is not a
safe substitute for the Southwest Connector Trail. He stated that safety should come
fast and southwest residents deserve a pedestrian overpass across the bypass at some
location in the southwest, which was a key conclusion from the hard work done by
the TraIls Task Force. He encouraged the Council to proceed with the Southwest
Connector or continue work towards another location for a pedestrian bridge over the
bypass. He stated that residents of southwest Leesburg have been without a safe
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pedestrian connection to the downtown since the bypass divided the town 38 years
ago.
_ Brenda Gill, 593 Edmonton Terrace, stated this is the wrong project at the
wrong time and wrong price. She requested that al] phases be removed from the CIP.
She stated the minutes are not recorded correctly for the June 14 meeting at the high
school. She stated her concern that some of the statements were not true, including
that all speakers at the meeting felt that Phase I should be built. She corrected her
comments by saying in this economy people cannot have everything that they want
and must look at what they absolutely have to have versus what you want to have.
She stated this is a want to have project. Further she stated that her experience is that
bike traIls do not increase traffic calming. She stated her main concerns are price, the
economy and the number of people who would be served by the trail. She stated she
does not support any portion of this project.
Dina Gallahan, stated she heard a comment at the work session that some
people feel they are not getting anything for their tax dollars, especially if the bike trail
is not built. She stated she used to feel that way too. She stated her children are
grown and she does not need the public schools anymore, but she still supports them.
She stated she only wants to fly her kite at Ida Lee, but she isn't allowed to do it on a
soccer field. She stated the bike trail would not get her to any of her activities, but she
still feels fortunate to live where she does. Further, she stated the more money the
town collects, the more it spends. She reiterated the position of the Board of Country
Club Green that the project has a lot of safety hazards and the money could be better
spent.
Dorothy Barker, stated she has nothing against bike riders and loves the bike
trail. She stated she lives on Valley View Avenue in Prospect Hills and can see people
on the bike trail continue without stopping at the stop sign. She stated she is totally
against the bike trail in front of the church for safety purposes. She stated she lost her
father riding a bike.
Scott Lizan stated he has 23 years of fire and rescue experience and reiterated
the dangers of mixing pedestrian/bicycle and vehicular traffic. He stated his
opposition for all the reasons that have been listed. He stated a CIP project from 2001
to improve Dry Mill Road was cut in 2008-09. He requested the funds be reallocated
to improve the sidewalks, curbs and drainage on Dry Mill Road.
Francis Vitt, stated he represents Samuel H. Rogers, Jr., 440 Dry Mill Road.
He stated Mr. Rogers and his wife bought the property in 1953 and have had a horse
farm there for 57 years. He stated they have been good neighbors and good members
of the community. He agreed with the things [hat were said about notice. He stated
it would be easier for everyone if they had notice of what was happening prior to just
a few days ago. He stated there will be an adverse effect on the community between
Dry Mi11 Road, Davis and Lee Avenue. He requested Council give up this project.
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COL7NCIL MEETING September 14, 2010
Mike Sierra, 908 Chancellor Sneet, stated he ran across notice of this meeting
in the Leesburg Today. He stated he has an interest in the Southwest Connector
Trail, but his portion is not part of the discussion this evening as Phase III was set
aside during the work session. He stated the concerns of his fellow townspeople have
been very illuminating to him. He stated 10 years ago, there was a moment to have a
connector trail out of his neighborhood. He stated this was a point of contention so a
consensus was built which brings us here tonight. He stated he would like to have a
voice for those in the southwest quadrant as altematives are sought.
Dee Dunn, 26 South King Street, stated she is a business tenant. She reviewed
several downtown improvement projects in other localities that did not effect the
desired change. She stated in this economic situation healthy businesses cannot
sustain long periods without foot traffic or drive by advertising. She stated to take out
parking for the sake of a few restaurants does not serve the whole. She suggested
installing speed bumps, taking out the alley and planting trees.
Paul Reimers, 217 Cornwall Street, NW, stated he is in support of the
downtown improvements. He takes issue with anyone who says this project has not
been well advertised. He stated those people have not been paying attention. He
stated there cannot always be parking in front of everywhere people want to go and
this is an unreasonable expectation for a thriving downtown. He stated he never has
difficulty finding pazking downtown, but agrees the downtown needs better signage to
direct people to the parking.
WIDiam Haun, 211 Queen Street, NE, stated he has been a member of
Leesburg Community Church since 1972. He stated he is opposed to the SW
Connector trail as it impacts the church. He stated he is also against it as a citizen
because his tax money is going to go to something he feels is an unsafe project. He
stated that the citizens elect Council to go about doing the business of the citizens and
safety is the primary concern. He stated CouncIl needs to look at other altematives.
David Paul, 41481 Blincoe Court, Leesburg, urged Council to vote no to the
SW Connector Trail. He stated his family has benefited from some of the services
offered by the church and various organizations that are mn out of the building. He
stated that facility is used seven days a week and loss of the field in front of the
property would hamper the activities of the church.
Paul Corcoran, 212 Lawford Drive, SW, stated he is potentially risking the
wrath of God by speaking in favor of the SW Connector. He stated he has heard a lot
of [he concerns over safety and cost. He stated a trail for the southwest of Leesburg
still has a lot of benefits. He stated there are many constituents who see the value
helping people get out of their cars and ride bikes. He stated when he voiced his
concern many years ago, he was invited to join the ad hoc committee, which worked
very hard. He questioned whether it makes sense for citizens to be involved or is it
just a waste of time.
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COUNCIL MEETING September 14, 2010
Neely Law, 213 Lawford Drive, SW, stated her support for the SW Connector
trail. She stated every project has a physical location and this is a community project
which creates a need for a safe connection to points elsewhere in Leesburg such as the
high school. She noted that currently Greenway/Country Club/Linden
Hill/ Woodlea high school students have to walk to school using undesignated paths
through the woods. She stated Meadowbrook will bring more residents. She stated
the trail is consistent with the goals of the Town Plan to providing a quality of life in
Leesburg. She stated that although recreational projects aze the first to be deleted
during times of economic straits, the town should still focus on quality of life so that
when the community heads out of the economic downturn, this is still a vital
community. She stated she does not believe the South King Street trail is the needed
connection for reasons of safety adding that traffic is projected to increase. She
requested Council support Phase I of the trail as this was designated as a need by
Council for the past 20 years.
Brian Patlen, 616 Meade Drive, SW, stated he is in support of the Downtown
Improvement Project. He stated those who are opposed to it are the voice of the past
which is killing the vitality of [he downtown.
Rebecca Moden, Hamilton, Virginia, stated she attends Leesburg Community
Church. She stated in terms of safety, the bike trail is good. She stated she utilizes
the bike trail all the time and she loves it, but the route is not the most appropriate
route. She stated trails open up the area to transient people which creates a safety
issue for the children. She stated by putting this trail in front of the church, Council
would be creating the opportunity for someone to be hit.
Copy McEntee, 704 Country Club Drive, stated there is no unified voice for
how to fmish the SW Connector, but everyone can agree on a need for safe passage to
town for thousands of people in four neighborhoods in the southwestern part of
Leesburg. She stated she would like to see one more attempt to use already allocated
funds for the completion of the connector.
Dieter Mever, co-chairman, Downtown Improvement Associarion, stated the
DIA does support passage of the plan as currently proposed. He stated this has been
well vetted. He stated the DIA represents many of the property owners m the
downtown.
Uba Sanchez, 880 Buttonwood Terrace, NE, stated he loves to bicycle. He
stated bicyclists like to conserve energy by not stopping at stop signs. He stated they
like long trails with curves. He encouraged Council to redesign the trail and make it
longer and more sinuous, but away from driveways and without stop signs.
Td Howard, stated he is a member of Leesburg Community Church. He stated
he is a maIl carrier in Leesburg and currently works out of the annex on Lawson
Road. He stated the off-site parking lot is on the north side of the bike traIl. He stated
bikes do not stop. He stated that safety has to be the major concern. He added that
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COUNCIL MEETING September 14, 2010
he would hate to see the bike trail on the Rogers property as well as it is a lovely oasis
of Been inside the town.
_ Robin Blous, Hamilton, Virginia, stated she is a member of the Community
Church and she always has to slow down for a biker on Dry Mill. She stated this
portion of the SW Connector Trail is not a solution to anything and it is not worth the
risk of someone getting hurt or losing their life.
Brace Dewar, S Memorial Drive, spoke in favor of the Downtown
Improvements. He stated this has been a well vetted project with staff doing a terrific
job of hearing everyone's input and shaping the project. He stated it is not a perfect
project, and he would like to see more parking on King rather than less, but he is
willing to live with what has been put together because there is no perfect plan that
everyone will agee with.
Peter Burnett, 105 Loudoun Street, stated he is in favor of the downtown
improvements. He stated change is often very difficult. He stated Bruce Brownell
often came before Council and proposed change, but without it, the town would not
have Market Station, Westgeen, Chesterfield, and Brown's Meadow. He stated
many wonderful features of town were not unanimously accepted at the time of
proposal.
Barbara Bavles Roberts, 206 Meadows Lane, NE, stated she would like to see
some of the money spent on snow removal on her street. She stated she would like to
change the elections for CouncIl and Mayor from May to November. She stated her
feeling that the issues in the town do not get as much attention in the town. She
suggested a public input session to discuss the change. She stated people want more
of a say and an election in November would increase the number of votes.
Mike O'Connor, 38685 Montpelier Road, Leesburg, stated the DIA came
together to try to effect what Leesburg is going to become. He stated this project will
allow Leesburg to move into the fuNre. He urged the Council to vote for the
downtown improvements.
The Petitioners section was closed at 9:36 p. m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member
Wright, the following consent agenda was proposed:
a. Authorizing an Aereement and Approvine a Performance Guarantee
and Water and Sewer Extension Permits for Saint John the Anosde
Church
RESOLUTION 2010-120
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COUNCIL MEETING September 14, 2010
Authorizing an Agreement and Approving a Performance Guarantee
and Water and Sewer Extension Permits for Saint John the Apostle
Church
b. Extending the Comcast Franchise Agreement for Three Months
RESOLUTION 2010-121
To Provide for an Extension Until February 1, 2011 the Term of the
Cable Television Franchise Agreement Held by Comcast of California/
Maryland/ Pennsylvania/ Virginia/ West Virginia, LLC ("Comcast"
or "the Franchisee") to Complete Renewal Discussions
c. NOVEC Easement Dedication for Airport ILS
RESOLUTION 2010-122
Dedicating an Easement to NOVEC for the Instrument Landing
System (ILS) Project at the Leesburg Executive Airport
d. Design Chance Order for Battlefield Parkway - Rt 15 to Evergreen
Mill Road
RESOLUTION 2010-123
Battlefield Parkway -Route 15 to Dulles Greenway Project Change
Order No. 2 for Design and Engineering Services
e. Amending_the Fiscal Year 2011-2015 Capital Improvements Program
by Creative a Project and Approvine a Supplemental Appropriation for
Acguisiion of Easements to Improve Storm Drainage for the Re-
Development of the Douglass School Site
RESOLUTION 2010-124
Amending the Fiscal Year 2011-2015 Capital Improvements Program
by Creating a Project and Approving a Supplemental Appropriation for
Acquisition of Easements to Improve the Storm Drainage for the Re-
Development of the Douglass School Site
f Making~pointments to the Thomas Balch Library Advisory
Commission
RESOLUTION 2010-125
Making an Appointment to the Thomas Balch Library Advisory
Commission (Paine)
The Consent Agenda was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 7-0
13P ~~.
COUNCIL MEETING September 14, 2010
11. PUBLIC HEARINGS
a. Amending Sections 34-29 (Availability Charges for Water Service) and
__ 34-127 (Availability Charge for Sewer Service) of the Town Code
The public hearing was opened at 11:28 p.m.
Jeanette Irby stated several months ago at the behest of Council, the
EDC looked at the issue of easing the burden to those coming into town who
needed availability fees for water and/or sewer. She stated presently there is a
two year payment plan available for indebtedness that arise from avaIlabllity
fees. The proposal is to raise the payment period to a five year payment period
and wID not place a significant financial burden on the town. She stated it
would facilitate businesses opening up.
Vice Mayor Wright stated questioned whether there is a concern about
deferring the collection of these revenues with respect to the status of the
utilities fund.
Mr. Wells stated the number of items that would be relatively nominal
over time and would not make a material difference in the stams of the fund.
Council Member Dunn expressed his desire to go further as the impact
will only be minimal. He stated he hopes the town can build upon this.
Dieter Mever, 214 Andover Court, stated his ageement with Council
Member Dunn, but noted it is a good start.
Giei Robinson, 207 Prince Street, stated she wholly supports the
investigation into the entire utility fund, a review that would cover the services
the town will provide within the next five years, who will get them, how the
town wID provide them, the cost and the corresponding pricing structure. She
stated this is a large undertaking and those within the town and outside the
town will be interested in the process, sharing of knowledge and the end result.
She stated this proposal being offered by the EDC is one aspect of what needs
to be reviewed and is a part of how the town's water utility wants to operate
but only one part. She recommended the resolution be tabled until the Utility
Rate Advisory Committee examines the current process, articulates to the
Council any weaknesses and proposes fixes. She stated once the process is
agreed to by the Council, the URAC can determine the cost and extrapolate
fees and rates. She stated [he citizen/Council model can be invoked yearly as
part of a defmable, repeatable, and predictable process that can be used on
other enterprise funds in [own. She stated to automatically gran[ an option for
payment financing for commercial customers raises several questions. Why do
the citizens want the town to become anon-FDIC lender of choice? Why is
just the H-1 district exempt from the increase? How is the cost established for
water or sewer availability funds? Why aren't residential property owners
granted the same option for [own financing? Why does a business have to pay
14 P.~yc
COiJNCIL MEETING September 14, 2010
availability fees if the size of the pipe does not have to be changed? Why the
rush? She stated that Council can grandfather or set the start date retroactively
to any date they wish, therefore a review by the URAC would not have an
impact. She stated left out of the equation is an examination of curzent pricing
assumptions. She questioned whether availability fees areaway to pay for
capital expenses? She questioned whether curent buildout, lack of new homes
or commercial space, or even lazge additions are failing to support the utilities
capital expenses? She questioned how the town will address what comes with
maturity such as infill, rehab, rezoning, which typically will not bring in
capital dollars as proposed under the current system. She stated the resolution
appears to address primarily the historic downtown commercial population.
She stated the town needs atown-wide and JLMA inclusive plan. She
questioned who will perform the credit check on the potential borrower and
who takes the fall if the lendee defaults on the loan? She stated the utility
would be out the potential capital dollars which is bad since the fee, like a
mortgage is not paid until further in the 60 month term. She stated becoming
a bank is not how to create a business friendly atmosphere. She stated if the
town's rates and fees are within 5-10 percent of a competitive location, that
will go into a business model and become a pretty insignificant blip, however,
if rates and fees are so out of line that it becomes a major stumbling block,
loans are not the answer. The Council needs to look at costs when fees are so
exorbitant. She stated what will make the town the location of choice is
predictability and consistency. She stated businesses want the town to show
willingness to share information such as published rates and published fees and
accountability and have equity in handling and clarification of direction. She
urged Council to consider giving this resolution to the URAC and allow them
to incorporate it into the total study of the enterprise fund.
Ms. Robinson stated that should Council decide to go forward with this
despite her arguments, there are few things that need to be addressed. She
suggested a clarification of what surety is acceptable and specifically when it
will be required. She added that water rates and fees should be avaIlable on
the town website and there should be charts regarding what would trigger new
availability fee or fees. She also pointed out that the website lists 2009 rates.
The public hearing was closed at 11:39 p.m.
On the motion of Council Member Reid, seconded by Council Member
Dunn, the following was proposed:
ORDINANCE 2010-0-019
Amending Section 34-29 (Availability Charges for Water Service) of
Article II (Water System) and Section 34-127 (Availability Charge for
Sewer Service) of Article III (Sewers and Sewage Disposal) of Chapter
34 (Utilities) of the Code of the Town of Leesburg, Virginia, 2009, as
Amended, to Extend the Time of Payment of Availability Fees to
Coincide with a Commercial Lease but for no More than Five Years of
15~P:~,<
COUNCIL MEETING September 14, 2010
the Fee in Excess of $10,000 for Water Service and $15,000 for Sewer
Service Upon Approval of the Installment Contract by the Town
Manager
CouncIl Member Reid questioned the difference between water and
sewer availability fees.
Ms. Irby stated that is the historical minimum chazge and any
availability fees lower than that would not qualify for the payment plan and
would need to be paid in full.
Council Member Reid questioned whether changing the minimum
could be done.
Ms. Irby stated this was not advertised as part of the change.
Council Member Reid stated Ms. Robinson raises some valid points
about having URAC look at this. He stated URAC will be looking at the
bigger issue of how the fees are calculated and they have a lot on their plates so
it would not be advisable to have them look at the fee payback schedule too.
He stated URAC will come up with something and hopeffilly Council will
listen to [hem.
Council Member Dunn stated he sees this as a marketing tool which
will help fill empty spaces throughout town by reducing a business' up-front
costs and not as acting as a lender.
Council Member Wright stated there are still several Council members
who are looking interested citizens willing to serve on the Utility Rate
Advisory Committee. He stated this is a good first step because he feels there
are flaws with how the availability fees are calculated. He stated he believes
this will give the town a way to recruit businesses that will help increase the
tax base.
Councff Member Martinez stated he is glad to move forward on this.
Council Member Hammier questioned whether there is any reason to
defer to look into Ms. Robinson's comments.
Ms. Irby stated Ms. Robinson raises some interesting points, but they
can be addressed at a later date.
Council Member Butler stated this is a minor, but good change.
Mayor Urnstattd stated Ms. Robinson has raised some good points, but
she has been hoping to move forward with this for at least 18 years. She stated
16
COUNCIL MEETING September 14, 2010
she does not feel the town will lose revenue in the long run because the fees
will be collected eventually.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor
Umstattd
Nay: None
Vote: 7-0
b. Public Input Session: Proposal by Comcast to Renew the Cable
Television Franchise
Dieter Mevers, 214 Andover Court, related that whenever the town is
doing work in his neighborhood, they are terrific about keeping the
neighborhood informed about what is going on. He stated there is an
easement in the rear of his yard Por phone/cable, etc. He stated in the current
Comcast contract, there is a two-day minimum notification period before
Comcast can enter a property to do work unless there is an emergency. He
stated without any knowledge, he came home to find his rear yard spray
painted and covered with flags. He stated he was unsuccessful in finding out
who put the spray paint and flags in his yard. He stated a few days later,
because his gate was locked, Comcast removed a portion of his fence and
began digging a 12 inch deep trench without any notice.
He urged Council to put some teeth into the ordinance to ensure
-_ Comcast comply with the agreement by giving the homeowner appropriate
notice. He also urged Council to increase the length of the required notice.
JB Anderson, 308 Valley View Avenue, SW, stated that a lot of people
have had problems with all the providers in town. He stated as the town
proceeds forwazd with the Comcast franchise, a lot more complaints will come
forward. He stated he will provide Council with a spreadsheet of the problems
that have been occurring as have been reported to the Technology and
Communication Commission. He stressed that the Technology and
Communication Commission is moving forward with technology
advancements to offer the town's citizens the best possible methods of
communication.
12. ORDINANCES
a. None
13. RESOLUTIONS
a. Southwest Connector Trail
On a motion by Council Member Dunn, seconded by Council Member
Hammier, the following was proposed:
RESOLUTION 2010-126
COUNCIL MEETING September 14, 2010
Amending the FY 2011-2015 Capital Improvements Program to Delete
the Southwest Connector Trail Phases I, II, and III Projects
_ Council Member Hammier stated for the record, she initiated the
resolution both to pause on Phase III after hearing the significant opposition
from voices that had not been heazd from Country Club Green
Condominiums. She stated she also initiated the resolution during the budget
cycle to pause to be able to allow for additional public input for Phases I and II
given the significant cost and the percentage of the capital budget that was
allocated for this single construction project. She stated she has been struck by
the new voices that had not been heard from before.
Council Member Butler stated he is disappointed and feels bad for the
entire southwest and thousands of people who filled out multiple surveys
expressing interest in having a safe trail. He stated he also felt bad for the
members of the trails committee that spent six weeks of their time meeting at
the behest of Council to look at all the altematives for the Chancellor Street
trail. He noted they unanimously approved the SW Connector Trail and
CouncIl for years approved it as part of the CIP. He noted that changes have
been made to the design to mitigate the concems of Clubhouse Drive, the
Church and Dominion Academy. He stated there has been $300,000+ spent
on design and years of anticiparion by the residents of the southwest, but right
as construction is about to begin, Council pulls it off. He stated Council
should work with residents to come up with altematives. He stated some
people think that the South King Street traff is an alternafive, but if it was an
altemative, then the Council would never have commissioned the SW
Connector trail in the fast place.
He stated the northeast quadrant also needs connectivity to town and
the CouncIl could commission a trails committee for this quadrant. He
questioned who would join since afer putting in six months of work, years of
attending meetings, and having the project yanked at the last minute, no one
will volunteer.
Council Member Butler questioned what the concems are that remain.
He stated the safety concerns can be mitigated by putting it on the other side of
the road and the Phase III can be deleted. He stated the only other possible
argument is the cost. He gave the example of the extra investment town
residents make for public safety. He stated the extra public safety that town
residents are willing to pay for is 54 x as much as the SW Connector. He
displayed a five gallon bucket and stated it represents all the money that the
town spends. He stated three tablespoons of water equal the total cost of the
SW Connector trail in relation to the total amount of money spent by the town
in 20 years.
He stated everyone talks about traIls and changing the culture of the
town to a more pedestrian friendly place, but not for the southwest quadrant.
18P,>~
COUNCIL MEETING September 14, 2010
He stated Council is considering a $10 million dollar pedestrian bridge for
those who refuse to take a free bus.
Council Member Martinez stated the Council makes commitments to
the town and investments in recreational facilities. He stated all the
investments have not made everyone happy but have been for the benefit of the
entire town. He stated he feels the investment was needed for the southwest.
He stated he has teamed that Leesburg Community Church needs some traffic
improvements. He stated he feels the trail was needed. He stated there is no
money to save because this would have been financed through bonds. He
expressed his desire for a solution that would have made the church happier
and still build the trail. He stated it is wrong to segment the town and Council
needs to take the risk by investing in the town.
Council Member Wright stated that in looking at the way this process
has gone, the town has failed in the process. He stated the CIP is the Council's
promise to the community of what they will build and when they wID build it.
He stated over the years, the Council has worked hard to reform the CIP
process and pledged better communications. He stated whether you are for the
traIl or against the trail, the town has failed to get good information out in a
timely manner. He stated he is concerned that the website status is wrong. He
stated he supports the church and Dominion Academy as they are a huge asset
to the community. He stated his vote tonight may not reflect that. He stated
he was hoping that there would be a way to have an alternative that would
satisfy everyone. He stated there still needs to be not only a safe access into
town, but safe pedestrian connections for the church/school.
He commented that he did not think the connection [o the W&OD trail
was the most important connection and this would have been a different type
of trail, more of a pedestrian connection for vazious community uses such as
the schools and the churches. He encouraged everyone to work together to
address the challenges to pedestrian connectivity. He expressed his
appreciation for all the community involvement because everyone is trying to
do their best for the town.
Council Member Reid pointed out when he was the liaison to the
Standing Residential Traffic Committee, there was a discussion on a time ban
for taking left rums off of Lee to cut down on cut through traffic. He stated the
town needs to hear from citizens on that street to see if they want something
like that. He stated the best way to mitigate traffic on these roads is to make
sure that traf&c can move on the bypass which is why the Council is working
hard to obtain funding for the Sycolin Road Flyover and the Route 7 climbing
lane west of town. He stated he opposed the Southwest Connector when it
fast came up in 2007. He stated he was the lone voice on Council a[ that time.
He stated there have been some serious problems with [he way the
-" town has handled this project and other capital projects. He stated he asked in
19Pc,
COUNCIL MEETING September 14, 2010
2008 whether the various property owners had been contaared, but he was told
staff was beginning to do that. He stated by the time all the property owners
had been contacted in April of 2009, some $250,000 had aheady been spent on
design of the bridge. He stated people were not asking him about the SW
Connector when he was campaigning, but they were asking him about the
South King Street trail. Further, he noted that the public tum out at the
meetings in support of the SW Connector trail has been pretty underwhelming.
He stated he supports removing it from the CIP and looks forward to a town-
wide pedestrian/bicycle access plan.
Council Member Reid offered a friendly amendment to direct up to
$50,000 of unallocated, unspent funds from the SW Connector to fmance
safety crossing lights at South King Sneet trail and the Leesburg bypass as per
the staff memo of June 18, 2010, which lists vazious safety improvements. He
requested that staffreportback to the Council on the cost/feasibility of the
Tuscarora Trail otherwise known as the South King Street Trail extended.
Council Member Dunn accepted [his as a friendly amendment.
Council Member Hamrnler stated she would not accept this. She stated
in two months, staff is bringing forward a bike accessibIlity plan for the entve
town which would be the best time to look at these things, including the safety
improvements on South King Street.
Council Member Reid withdrew his amendment.
Mayor Umstattd stated she intends to support the motion to delete the
SW Connector trail and all of its phases from the CIP. She thanked those on
both sides of the issue who came out to speak to this subject. She stated the
members of Council who support continuing forward with the SW Connector
are doing so out of a really heartfelt commitment to the town, but she
personally feels this is a very expensive project in a very slow economy. She
expressed her feeling that the town will have several very difficult budget
cycles in the next few years when it will be very difficult to meet critical needs
in public safety and road maintenance and construction. Further, she stated
she knows it is difficult for the members of the trails task force to see all thew
hard work come to nothing but she stated the anxiety that this project has
created for those communities most directly impacted has just been more than
the town can expect the public to bear. She stated while it would be a
wonderful enhancement for those members of the community who want the
nail, there are equal numbers in those communities who do not want it. She
stated it would be imposing a serious burden, emotionally and fmancially,
upon other members of the community for a recreational nail.
Council Member Hammler thanked everyone. She stated she originally
voted and supported the ad hoc committee because it was soon after the
Council supported the $5 million Lowenbach improvements and she felt that
20 P:~ec
COUNCIL MEETING September 14, 2010
the goup had done a stellar job coming to a consensus with something that
had been a previously contentious issue. She stated she was taken aback by
the cost initially, but supported the process. She noted that Ann Robinson had
pointed out to her flaws in the process, where her community had not been
given information. Further, she discussed the need to deal with density issues
because the town cannot buIld capital intensive bridges everywhere. She
stated she is looking forward to a bike accessibIlity plan that can make bikes
and walkers safe because everyone wants to go so many places around town.
Council Member Dunn stated this goes back a long time ago to the
Chancellor Street Trail. He stated at that time, he was the liaison from the
Economic Development Commission to the town's Parks and Recreation
Commission and Marty was the county's liaison to the town's Parks and
Recreation Commission. He stated the Chancellor Street trail was one or two
votes from being m existence today. He stated sometimes things that are
promised seem like a good idea at the time, and this is one of those hurdles
that cannot be overcome. Further, he added this is too costly and would be
even in good economic times. He stated staff will not build an unsafe trail, so
South King Street is safe.
He stated this is not about those who oppose the trail, but is about the
information process. He questioned whether the ad hoc committee would
have considered other alternatives given the level of opposition they are
hearing now from the church, homeowners, and the condominiums. He noted
that it is not about everyone getting their fair share for their section of town,
but about what is best for the entire town. He expressed his belief that
Chancellor Street could still be an alternative and noted that once Battlefield
Parkway is buIlt, there will be a trail. He urged volunteers not to be
discouraged and stated just because someone does a lot of work on a project, it
does not mean that project will be approved.
The motion was approved by the following vote:
Aye: Dunn, Hammler, Reid, and Mayor Umstattd
Nay: Buller, Martinez, and Wright
Vote: 4-3
b. Downtown Improvements Proiect
On a motion by Vice Mayor Wright, seconded by CouncIl Member
Dunn, the following was proposed:
MOTION 2010-007
Directing Staff to Proceed with Design and Construction of the
Downtown Improvements Project as Indicated on the Key Map and the
Full List of Proposed Projects on the Order of Magnitude Construction
Cost Estimate as Discussed
21~Pa~
COUNCIL MEETING September 14, 2010
Vice Mayor Wright stated there has been a lot of community feedback
with regards to this project. He discussed the town's responsibIlity to provide
adequate public infrastmcture for the downtown.
Council Member Butler stated he supports the project as presented. He
stated it is not perfect because unfortunately to widen the sidewalks, parking
has to be removed, but moving forward with the Arts, Entertainment and
Dining district will require this. He stated he was interested to see the number
of locations that had entertainment during the past First Friday and felt that
they would have all benefited from wider sidewalks. He encouraged staff to
see how narrow the street can be made to widen the sidewalks as much as
possible. Further, he stated it is important to make some of the changes to the
parking garage that are proposed including additional lighting and better
signage. He noted he has directed staff to look into the possibility of making
the entire pazking garage free in order to mitigate removing the on-street
parking on King Street.
Council Member Hammler questioned what input was received from
business owners and property owners about the impact of removing parking on
King Street.
Scott Parker stated he spoke to over 44 property owners, business
owners, and individuals along King Street and Loudoun Street. He stated of
those people on King Street, approximately 70-80% of the business owners had
significant concems about the removal of parking on King Street. He noted of
those 70%, some indicated a compromise could be reached. He noted that
everyone stated the signage to and visibility of public parking was poor.
Council Member Martinez stated he supports this project.
Council Member Reid expressed his appreciation for the downtown
business owners who came out. He stated he did not feel that a good
committee of the whole discussion occurred on King Sneet. He urged Council
to think about this carefully because Council will be eliminating parking on
King Street forever, which will have serious impacts to businesses. He stated
he would rather see the money spent to automate and beautify the town hall
garage to rather than these sidewalk beautification projects. He stated besides
getting rid of the on-street pazking, the mid-block crosswalk will have 13,000
cars per day going over a speed hump. He stated there will be ample
complaints and there are safety concems with pedestrians using this crosswalk.
He questioned the precedent of putting in a mid-block crosswalk, noting that
other streets have asked for amid-block crosswalk, but have been denied. He
stated this one facet of [he project needs to be deferred. He noted there is no
opposition to the other parts of the project.
22 i~
COUNCIL MEETING September 14, 2010
Council Member Reid made a motion to defer the King Street sections
of the project until it can be discussed at a future work session. The motion
was seconded by Council Member Dunn.
Council Member Butler stated that King Street is the reason for the
entrre project and defertal of King Street dampens his enthusiasm for the
remainder of the improvements.
Council Member Hammler stated she has consistently been leaning
towards the most transformadve solution possible. She stated she supports the
mid-block crosswalk. She stated it is important for the downtown ro have an
official voice. She requested an official endorsement from the DIA requesting
the downtown improvements go forward. She stated the Council has heard
from individuals, but not from the organization.
Council Member Dunn stated the major changes are on King Street,
and he questions those changes since they are different from what was
suggested by the ULI study. He stated they recommended bump outs where
there was no parking, but we are proposing complete expansions where there
is parking. He expressed concern over the amount of positive impact the
expansion of the sidewalks will have especially when the expansion will occur
in front of restaurants that cannot even fill up the tables inside. He stated a 30
day delay is not unreasonable since construction is not slated to begin until
2012. He expressed further concern about the mid-block crosswalk as it is a
safety issue. He stated pedestrians will think they have the right of way
regardless of traffic.
Vice Mayor Wright stated he understood the emaIl from the DIA
represented the official position of the DIA.
Council Member Martinez stated that Mr. Meyer has been before
CouncIl at least three or four times representing the DIA in support of this
project. He stated the motion to defer the King Street portion of the project
reminds him of the meeting two months previous where the proposal was
everything but King Street and the reason why Council could not make a
decision at that time was there was no core project. He stated adding street
trees and widening sidewalks have been defined as being of significant benefit
to commercial areas. He stated the main purpose of the mid-block crosswalk is
to add traffic calming. He stated reducing the importance of the car and
increasing the importance of the pedestrian downtown is what the business
community has asked for.
Council Member Reid reminded Council about the SW Connector. He
stated there was an enthusiastic group that came before CouncIl in 2006 for
that project and now it's dead. He stated there is significant opposition by the
business owners to the removal of parking on King Street.
23 ~ r' ., ,; ~:
COUNCIL MEETING September 14, 2010
Mayor Umstattd stated there are a few projects that she feels are
important from a public safety standpoint, such as the Loudoun/Harrison
Street Intersection and the sidewalks on Loudoun to Market. She expressed
her concern about the elimination of street parking anywhere in town. She
stated the problem with trying to change public expectation that they should
use the parking garage is that other town centers have ample street parking
even when they have parking garages. She stated removing 20-21 street
parking spaces is a major negative for the downtown merchants. Further, she
pointed out historically during major downtown improvements, a number of
businesses are lost. She expressed her concern that businesses will be lost
during the construction phase and with the elimination of on-street parking.
She stated the sidewalk widening will only be able to accommodate two
person tables, which will not bring a noticeable increase in on-street dining.
She questioned whether the street trees will be beautiful if it means losing
merchants.
Council Member Hammier requested a five minute recess.
Council recessed at 11:04 p.m.
Council reconvened at 11:13 p.m.
Council Member Reid stated he feels the King Street project can be
severed and looked at more carefully, particularly the mid-block crosswalk.
He stated they can look at alternative parking for those spaces that will be lost.
The motion to defer was defeated by the following vote:
Aye: Dunn, Reid and Mayor Umstattd
Nay: Butler, Hammier, Martinez, and Wright
Vote: 3-4
Council Member Reid made a motion to divide the question to allow
for a separate vote on the King Street projects. The motion to divide the
question was seconded by CouncIl Member Dunn.
The motion to divide the question was defeated by the following vote:
Aye: Dunn, Reid and Mayor Umstattd
Nay: Butler, Hammier, Maninez, and Wright
Vote: 3-4
Council Member Reid made a motion to allow parking on weekends
and Holidays on Wirt Street between Loudoun and West Market to provide
some extra street parking.
Vice Mayor Wright questioned whether this is germane to the question
since it is no[ a CIP project.
24[~.:y~
COUNCIL MEETING September 14, 2010
Mayor Umstattd stated she does not feel it is germane either.
Council Member Dunn stated that germane is not in Robert's Rules.
Mayor Umstattd stated this would be an entirely separate discussion
and would feel more comfortable voting on that afrer talking to the
neighborhood.
Council Member Hammier stated she appreciates the public feedback,
but the main point is to move forward. Further, she added that there has been
a tremendous amount of stakeholder involvement for several years. She stated
deferral for 30 days would cause any additional changes but in light of the SW
Connector trail vote, she will continue to hear the public and hopes that staff
will be dfligently bringing the status of design to Council which will allow
additional input, debate and consensus building as the project moves forward.
Council Member Reid stated he had a request from Ron Rust for a
crosswalk at Wirt, Market, and Loudoun. He questioned whether a brick
stamped crosswalk could be provided.
Mayor Umstattd stated there are still details that will need to be worked
out for these projects and will be opportunities for Council to weigh in on
different aspects.
_ Council Member Reid stated staff will start spending money at
CouncIl's direction to start [he detailed design and down [he road there will be
criticism about the project. He questioned why the question cannot be divided
so he will not have to support the parts of the project he does not support.
He made a motion for reconsideration of division of the question.
Ms. Irby stated the chair can decide.
Mayor Umstattd stated she will allow division and Council will vote
individually on each portion of [he project.
Vice Mayor Wright stated his concern is if Counci] ends up without a
package of improvements, there will be problems. He discussed the addition
of the parking garage downtown. He stated during [he time [here was no flat
lot parking, people continued to visit the Tally Ho. He expressed his hope that
the downtown improvements move forward as this is a community project that
will provide needed infrastructure that will allow the downtown to complete
with the newer centers that are trying to replicate the downtown. He stated
this is the beginning of the design process and the community will need to stay
engaged to ensure that the town gets the best return on its investment.
25~i'
COUNCIL MEETING September 14, 2010
Council votes on each element of the Downtown Improvements Project
were:
Al - Kina Street: Royal to Loudoun was approved by the following
vote:
Aye: Butler, Hammier, Martinez, and Wright
Nay: Dunn, Reid, and Mayor Umstattd
Vote: 4-3
A2 -King Street: Loudoun to Market was approved by the following
vote:
Aye: Butler, Hammier, Martinez, and Wright
Nay: Dunn, Reid, and Mayor Umstattd
Vote: 4-3
A-3 -King Street: Market to Cornwall was approved by the following
vote:
Aye: Butler, Hammier, Martinez, and Wright
Nay: Dunn, Reid, and Mayor Umstattd
Vote: 4-3
A-4 -King Street: Cornwall to North was approved by the following
vote:
Aye: Butler, Hammier, Martinez, and Wright
Nay: Dunn, Reid, and Mayor Umstattd
Vote: 4-3
B-1 -Loudoun Street: King to Harrison was approved by the following
vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid and Wright
Nay: Mayor Umstattd
Vote: 6-1
B-2 -Loudoun and Harrison Streets Intersection was approved by the
following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor
Umstattd
Nay: None
Vote: 7-0
B-3 -Loudoun Street: Harrison to Market was approved by the
following vote:
Aye: Butler, Dunn, Hatnmler
Umstattd
Nay: None
Vote: 7-0
Martinez, Reid, Wright, and Mayor
26~r:,;
COUNCIL MEETING September 14, 2010
C - Garage to King Walkways was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid and Wright
Nay: Mayor Umstattd
Vote: 6-1
D -East End Triangle was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid and Wright
Nay: Mayor Umstattd
Vote: 6-1
E -Market Sidewalk Infrastructure Repair was approved by the
following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid and Wright
Nay: Mayor Umstattd
Vote: 6-1
c. Change in Election Date
On the motion of Council Member Reid, seconded by Council Member
Dunn, the following was proposed:
RESOLUTION 2010-127
Authorizing a Public Input Session to Solicit Comments to Change
Election Date from May to November
Council Member Reid stated this does not commit the Council to doing
anything, just holding an input session.
Council Member Dunn stated this will allow the citizens to have a
voice to let the Council know whether they have interest in changing the
elections and increasing voter turnout.
Council Member Buder questioned why another public input session is
being held.
Council Member Dunn stated the majority of Council opted not to
move forward because of the time constraints of getting it done before the
election; not because it was rejected outright.
Council Member Butler questioned whether there are any deadlines
associated with changing the election to November of odd years.
Ms. Irby stated the Department of Justice has 90 days to review the
request, not taking into account the regulations imposed by the Loudoun
County Board of Elections. She noted that the timing is too fight for 2011, but
not too tight for 2012 or 2013.
27 ~~ :~
COUNCIL MEETING September 14, 2010
Council Member Butler stated he is disappointed they have missed the
deadline again.
Council Member Hamniler stated she would support this m order to get
as much public comment as possible.
Vice Mayor Wright stated he is concerned that the public will assume
the Council is moving the elections to November. He stated he does not
support moving the election to November as there aze elections all year round
and the town issues will get a lower profile. He stated when looking at
Blacksburg, a community that actually has changed their election date from
May to November, he saw that the active votes for the local election did not
significantly increase. He stated more people were presented with a town
ballot to consider, but more people did not fill it out. He stated the town's
mmout has not always been low. He stated that changing the election date
will not solve the problem of voter apathy.
Mayor Umstattd stated she does not have a problem supporting another
public input session. She stated that Betsy Mayr has shared with her that 50%
of the voters who go to the poll hi November never turn the ballot over and
town council races will always be on the other side of the ballot. She stated
you may have twice as many voters turning out, but you may not have twice
as many ballots. She stated that the downside to November elections for
Council is that town issues wID be completely swallowed by national, state or
county issues and there will be even less consideration of town issues.
Council Member Martinez stated that Hillsboro did this and it did not
do anything for them. He stated if the town changes, they cannot change
back. He agreed with the Vice Mayor stating that holding the input session
wID give the public reason to expect that Council will continue with the
change.
Council Member Dunn stated that sometimes there is not a great
turnout, but if a lot of people expressed the desire to change the election date,
then Council would have to consider it. He stated that a number of comments
made tonight are contrary to what the Board of Elections told CouncIl at their
work session. He stated according to the Board of Elections, there was not
much fall off from the front of the ballot to the back of the ballot. Further, he
stated the town does not get much press coverage for the elections in the larger
papers anyway. He stated it is presumptuous to assume that the additional
voters will not have educated themselves on the local issues. He stated it is
important that the Council is willing to hear from the public.
The motion was approved by the following vote:
Aye: Dunn, Hammier, Reid, and Mayor Umstattd
Nay: Buller, Martinez and Wright
Vote: 4-3
COUNCIL MEETING September 14, 2010
14. UNFIlVISHED BUSBVESS
a. None
I5. NEW BUSINESS
a. Resolution Regarding the Chesapeake Bav Act
On a monon by Vice Mayor Wright, seconded by Council Member
Martinez, the following was proposed:
RESOLUTION 2010-125
Concerning Board of Supervisors Action on the Chesapeake Bay Act
Council Member Reid asked for a friendly amendment to respectfully
request the Board of Supervisors hold off on a vote on the Chesapeake Bay
Protection Act unN the town's issues are addressed.
The amendment was accepted as friendly.
Council Member Butler pointed out a typographical error in #3
The amended motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor
Umstattd
Nay: None
Vote: 7-0
16. COUNCII, COMMENTS
None.
17. MAYOR'S COMMENTS
None.
18. MANAGER'S COMMENTS
None.
19. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Council Member
Butler, the meeting was adjourned at 12:10 a.m., Wednesday, September 15, 2010.
i
~'ls n C. mstattd, 1 ayor
.f. Town of Leesburg
Clerk of u cil
201 p_rcmin0914
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