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HomeMy Public PortalAbout2011_tcmin0726COUNCIL MEETING July 26, 2011 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: David Butler, Thomas Dunn, II, Fernando "Marty" Martinez, Katie Sheldon Hammler, Kenneth "Ken" Reid, Kevin D. Wright, and Mayor Umstattd. Council Members Absent: Council Member Dunn arrived at 7:35 p.m., Council Member Martinez arrived at 7:37 p.m., Council Member Butler arrived at 7:40 p.m., Council Member Reid arrived at 7:56 p.m. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Director of Public Works Tom Mason, Deputy Director of Utilities Aref Etemadi, Human Resources Director Nancy Fixx, Capital Projects Manager for Design and Engineering Tom Brandon, Land Acquisition Manager Keith Wilson, Economic Development Manager Marantha Edwards and Clerk of Council Lee Ann Green AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION: Council Member Hammler 3. SALUTE TO THE FLAG: Council Member Martinez 4. ROLL CALL: Council Member Hammler, Vice Mayor Wright, and Mayor Umstattd present. Council Member Dunn arrived at 7:35 p.m., Council Member Martinez arrived at 7:37 p.m., Council Member Butler arrived at 7:40 p.m., Council Member Reid arrived at 7:56 p.m. 5. MINUTES a. Work Session Minutes of June 27, 2011 On a motion by Council Member Butler, seconded by Vice Mayor Wright, the minutes of the June 27 work session were approved 6 -0 -1 (Reid absent) b. Regular Session Minutes of June 28, 2011 On a motion by Council Member Butler, seconded by Vice Mayor Wright, the minutes of the June 28 regular session were approved 6 -0 -1 (Reid absent) 6. ADOPTING THE MEETING AGENDA On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the meeting agenda was approved as presented by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 6 -0 -1 (Reid absent) 7. PRESENTATIONS COUNCIL MEETING July 26, 2011 a. Certificate of Appreciation Judy Craun On a motion by Council Member Martinez, seconded by Council Member Hammler, Judy Craun was presented with a Certificate of Appreciation for her service to the Town of Leesburg and its citizens as a member of the Commission on Public Art. b. Proclamation National Payroll Week On a motion by Council Member Martinez, seconded by Council Member Hammler, the following was proclaimed: PROCLAMATION National Payroll Week September 5 -9, 2011 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 Leesburg, Virginia play a key role in maintaining the economic health of Leesburg, Virginia, carrying out such diverse tasks as paying into the unemployment insurance system, providing information for child support enforcement, and carrying out tax withholding, reporting and depositing; and WHEREAS, payroll departments collectively spend more than $15 billion annually complying with myriad federal and state wage and tax laws; and Whereas payroll professionals play an increasingly important role ensuring the economic security of American families by helping to 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 large about the payroll tax withholding systems; and WHEREAS, payroll professionals meet regularly with federal and state tax officials to discuss both improving compliance with government procedures and how compliance can be achieved at less cost to both government and businesses; and THEREFORE PROCLAIMED by the Council of the Town of Leesburg in Virginia that the week in which Labor Day falls as National Payroll Week in 2 I Page COUNCIL MEETING July 26, 2011 the Town of Leesburg and the Council gives additional support to the efforts of the people who work in Leesburg, Virginia and of the payroll profession. PROCLAIMED this 26 day of July, 2011. c. Certificate of Appreciation Randy Shoemaker, Retiree On a motion by Council Member Martinez, seconded by Council Member Hammler, Randy Shoemaker was presented with a Certificate of Appreciation for his service to the Town of Leesburg. 8. PETITIONERS The petitioner's section was opened at 7:43 p.m. Kelly Burk, Leesburg District Supervisor, stated that as soon as Mr. Hemstreet receives the letter from Mr. Wells regarding making Edwards Ferry Road a scenic /historic road, the Board of Supervisors will get started immediately. She encouraged the Council to note that the west end of Edwards Ferry Road is also historic and recognizing those would help her. She encouraged Council to allow the 9 -11 bikers to go through town. She stated this event is a reminder of how precious liberty is. She requested that Council not let their fear of inconvenience to keep them from going through town. She stated freedom isn't free and this is a prime example. She stated it will be inconvenient, it will be loud, but it most certainly will be something significant and very important. Richard French, 1204 Periwinkle Way, president of Fairway Manor Homeowner's Association, a small HOA in the back of Country Club. He stated they strongly object to the access road between Linden Hill and Country Club. He stated it is a much better option to make a right hand turn south and make a U -turn at Greenway. He stated they have never had the opportunity to come to a Council meeting. Further, he stated they are against the spending of additional money to purchase the home. He stated there are already three homes on Country Club in foreclosure. Allison Jenkins, P.O. Box 492, Leesburg, stated she understands the concerns being expressed about the 9/11 ride. She stated she comes from a first responder family with Army, Navy, Air Force, Marines, firemen, paramedics, and police officers in active service at the moment. She stated the 9/11 ride is not only about honoring those that perished on September 11, but honoring those that perished in the line of duty, like her uncle Tim, who's name is on the National Fallen Fire Fighter's Memorial. She stated the ride is a rolling memorial that honors the heroes among us and she is honored to be able to participate in an event and organization such as this. She stated this foundation, without hesitation, has helped across the nation without question. She stated Leesburg should be proud to know that this national foundation is in Leesburg's back yard. She stated the downtown area closes for many things including political rallies, car shows, homecoming parades, holiday parades, and two day festivals. She stated she cannot think of anything more important than honoring the past and present heroes. She asked that the memorial ride be allowed to continue with tradition and travel through the 31 Page COUNCIL MEETING July 26, 2011 downtown area. She thanked the Council, the Leesburg Police and the state police for their time and consideration for their safety. Doris Kidder, stated she is here for three reasons tonight. She expressed her appreciation for the resolution regarding the 9/11 ride. She stated when she heard it might not go down King Street, she felt badly because these kinds of memorials, the purpose is to remind people and get as much visibility as possible. She stated she likes the resolution regarding preserving the historic and natural beauty of Edwards Ferry Road. She stated two of the objectives in the 2005 Comprehensive Plan for Land Use are very appropriate to the motion to protect Edwards Ferry Road. She stated two of those objectives are as follows: "The wetlands located near the intersection of Edwards Ferry Road and Battlefield Parkway should be preserved as a unique natural resource" and "Preserve and protect the integrity of historic and archeological resources She stated it would be fabulous to protect the Red Rock overlook area and the civil war buildings. She stated she loves the shade from the trees on Edwards Ferry Road. She stated the third reason for her attendance, is she found out at 4 p.m. this evening that the issue for the contract for Woodberry Drainage Project would be on the agenda. She stated she got a few signatures on a petition requesting that the sidewalk to be installed on Woodberry Road be installed at a four foot width, not including the curb. The sidewalk that winds around to Woodberry from North Street at the north end of the block is four feet wide. The section to be built at the end of the block towards Edwards Ferry Road is scheduled to be 4 feet to mitigate the damage to the property at the end of the block. She stated it makes sense for the sidewalk to be the same width for the entire one block and in addition to consistency, there would be a savings of $7,500. Scott Warner, Downtown Saloon, asked the Council to support the 9/11 ride to come through the downtown area. He stated it makes a statement for the town to be patriotic and show support for the ride. He stated his belief that not all of the 1700 who have signed up for the ride will come through town. He stated they have spent a lot of time and effort to obtain funds to support the ride. He stated people coming out to watch shows that the community supports them. He stated by putting them on the bypass going around Leesburg, they will not get the opportunity to see the citizens supporting them. Tom Toth, 40863 Robin Circle, stated he supports the 9/11 ride coming through the center of town. He stated it sends a bad message for the tenth anniversary to put it on the bypass. He stated he brings greetings from Chairman Boykin who is in Oshkosh. He commended Kaj Dentler for a fantastic job out at the airport. He stated this is the first year that Parks and Rec will be involved in the air show which will be held on October 1. He stated they have a budget of $60,000, which is a significant increase. He stated this will set a template for future years. He stated they have raised almost $55,000. He stated Rachel and Kate are phenomenal. He asked each Council member to find a business that is interested in being a sponsor. He stated the website is going to be spectacular with links to the sponsor's websites. Don Richards, 130 Chesterfield Place, stated he has been a resident for over 10 years in downtown Leesburg. He stated he supports the 9/11 ride coming through 4 1 Page COUNCIL MEETING July 26, 2011 Leesburg. He stated he lives in downtown Leesburg for this very reason as the shows are part of the charm. He stated he recently became involved with the America's 9/11 foundation and co- hosted a barbecue with them this weekend. He stated one of the things he has heard was the concern over the numbers. He stated he recalls 2008 when Obama came to Ida Lee, 35,000 people came to Leesburg and this ride will not be as large. Jimmy Czimadia, 115 Carleton Street, stated he is with the foundation and would like Council to let them come through town. He stated there is no other feeling like coming through Leesburg. Tom Wright, Gleedsville Road, he stated to see the tears and the smiles on the riders and citizen's faces is worth the 15 minutes to half hour delay of traffic. He stated his wife and Scott Warner have been sponsoring people and buy flags to hand out to citizens. He also put up patriotic banners on the courthouse fence and take them back down. He stated the town and county should be proud that this is the only town that the ride goes through. Cheryl Wright, 20247 Gleedsville Road, stated she is opposed to rerouting the motorcycle parade to the outskirts of town. She stated the 9/11 foundation founder who live in Loudoun have tirelessly planned this ride through his own hometown to honor the victims of the brutal attacks on 9/11. She stated the police department's plan to reroute the parade to avoid delays in traffic is disgraceful and disrespectful. She stated the spectators enjoy seeing how many folks take time out of their busy lives to ride their motorcycles and visit landmarks of the fallen. She stated the riders feel a great sense of pride knowing that they are raising money to assist in a great memorial tribute to those that lost their lives. She stated it is ashame that we can take time out for other various holiday parades, but not to remember those that lost their lives on 9/11. Raymond Jones, 33 Linden Hill Way, stated he appreciates that there is some action that could be taking place tonight with respect to Linden Hill and asked Council to continue its prior commitment to the residents. He stated they have a lot of friends in Country Club and don't want to impact them. He stated they will get a second left hand turn lane, which will improve their access to town. He stated they pay taxes, but don't get town road maintenance services. Chris Martin, 132 Pine Crest Lane, stated he supports his fellow friends and riders for the 9/11 ride. He stated there are all kinds of people where who have spoken up in support; however, no one has objected. He stated if it were important for them to reroute the ride, they should have spoken up. Gary Katz, 24 Linden Hill Way, stated he is a new resident to Leesburg. He stated he came to support the access road for Linden Hill Way, but feels also that it is important for Leesburg to allow the 9/11 ride to go through Leesburg. Further, he added that no one has objected to that. He seconded what Mr. Jones said about the importance of the access road. He stated it was his understanding that the decision had 5 1 Page COUNCIL MEETING been made about the road, and that affected his decision process to purchase a house in Linden Hill. Steve Tesla, 10 Linden Hill Way, stated he is one of the residents who is in support of the bypass for Linden Hill. He stated it is important for the 36 families that live there. He stated the amount of traffic is minimal, especially with the suggested design of two left turn lanes. Council Member Reid read the following into the record: July 26, 2011 Unfortunately I will not be able to attend your meeting regarding the issue of America's 911 Foundation ride through your city. If you would be so kind to read my e -mail into the record at the public portion of your meeting I would be grateful. My name is Master Sergeant Jim Vigilante; I have served on the Parsippany Troy -Hills Township Council for over 12 years. I am born and raised in Parsippany, NJ. I am a member of the United States Air Force Reserves stationed out of Joint Base McGuire Dix Lakehurst, NJ. My Airmen and I are Aerial Porters (2T2's). Basically what we do is we load those big cargo planes you see, whether it is people, equipment or vehicles. We work in a place called "The Port" similar to any commercial airport you have traveled through. I have participated in Americas 9/11 Ride for the last several years; unfortunately I will not be able to participate this year because I am currently serving in the war against terrorism in Afghanistan. As disappointed and upset as I am not being able to ride in this year's event, I am equally proud to be serving my country with so many great men and women of the Armed Forces. I have been tracking this ride from the trenches of southern Afghanistan and it was brought to my attention that the city of Leesburg, VA is considering not allowing the ride through the center of town and may have them use the bypass. I would strongly and respectfully request that you keep to the tradition of allowing them to ride through the center of town. One of the highlights of this ride is riding down the center of King Street to see the doctors who stand there wearing their scrubs, office workers, city workers, employees from all types of businesses, the faces of the children, and just ordinary folks from your wonderful town. Being a former councilman I truly understand the costs and time that burdens the city for those few moments. The whole reason your Armed Forces are making the daily sacrifices and for some the ultimate sacrifice in this war is due to the horrific events of 9/11. Please keep the tradition of the ride through the center of town, especially on the anniversary of this life changing event. I will be flying a flag on a bombing mission of our enemies on 9/11/2011 in an A -10 Thunderbolt II fighter plane in honor of "America's 911 Foundation, Inc." if you would reconsider and allow the ride through the center of your town, it would be my honor to do the same for the City of Leesburg and present it to you at a council meeting upon my return from the war. 6 1 Page COUNCIL MEETING So what does half -mast mean; it means when I get to work that I will have the honor of loading an airplane with the body of an Airmen, Soldier, or Marine that made the ultimate sacrifice. There is always a transfer ceremony unless there are only body parts then it is what we call a DE (Dignified Effects). They will send all the Transfer cases to Dover, DE. That is where they will prep the HR (Human Remains) to be delivered to their respective funeral parlors throughout the country. The DE will be identified by DNA. The Transfer Cases are treated with the up most respect and there is protocol to be followed and it is our job to make sure of it. IT IS ALWAYS OUR HONOR. Basically my job consists of getting people on airplanes that are returning from their deployment and heading home to be with their families and friends (that is a good part) or sending people down range that will be on the front line fight to fight the Taliban. Wondering if I will ever have the chance to send them home without a transfer ceremony. Twice I have loaded HR (Human Remains) on an airplane and recognized their names from when I sent them a few days down range earlier. That is hard and I am trying to learn to adjust to that, not easy. The rest of the time I am basically a customer service rep, putting out fires and solving people's problems. Sorry to give you the harsh reality but it is what it is!!! If you have any questions, please feel free to contact me via e-mail. Proud to Serve, MSgt. Jim Vigilante Nightshift NCOIC PAX Terminal Kandahar Airfield The petitioner's section was closed at 8:16 p.m. July 26, 2011 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the following items were moved for approval as part of the Consent Agenda: a. Delegation of Authority to the Town Manager During August Recess for Performance Bonds MOTION 2011 -023 I move the Town Council delegate authority to the Town Manager for the Acceptance of Performance Guarantees, Reduction of Performance Guarantees, and Acceptance of Work and Release of Performance Guarantees for Land Development Projects from July 28 until August 30, and that the Town Manager will report to the Town Council any Approvals Granted under this Temporary Authority at the August meeting. 7 I t)a COUNCIL MEETING b. Contract Award Navigational Aids Upgrades Construction July 26, 2011 RESOLUTION 2011 -096 Awarding the Construction Contract for the Airport Navigational Aids Upgrade and Authorizing the Town Manager to Execute the Grant Agreements from the Federal Aviation Administration and Virginia Department of Aviation c. Authorizing Task #1 Under Talbert Bright's Construction Management Services Contract RESOLUTION 2011 -097 Authorizing Talbert Bright's Task #1 for the Navigational Aids Upgrade Project Inspection and Construction Management Services Under the Professional Airport Planning, Engineering, and Architectural Services for the Leesburg Executive Airport Contract d. VDOT Revenue Sharing Agreement Turn Lane at Sycolin Road Tavistock Drive Project RESOLUTION 2011 -098 Approving Turn Lane at Sycolin Road and Tavistock Drive Intersection Improvement Project Town /VDOT Administrative Agreement and Authorizing the Town Manager to Execute this Agreement e. Approving the Next Art Exhibit for the Town Hall Art Gallery RESOLUTION 2011 -099 Town Hall Art Gallery Approval of the Next Art Exhibit by Tom Lussier and Amy Dykovsky f. Making An Appointment to the Commission on Public Art (Butler) g. RESOLUTION 2011 -100 Making an Appointment to the Commission on Public Art Deborah Cooke Edwards Ferry Road Protection of Natural and Historic Resources MOTION 2011 -024 I move that the Town Council direct the Town Manager to write a letter to the County Executive to request that the Loudoun County Board of Supervisors consider the establishment of an Historic Access Corridor District along the 1.13 mile stretch of Edwards Ferry Road from the Town Corporate Limit Line east to River Creek Parkway due to its association 8 Page COUNCIL MEETING July 26, 2011 with events that have made a significant contribution to local and national history The Consent Agenda was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 10. PUBLIC HEARINGS a. Authorization for Acquisition of Easements Required for the South King Street Widening Project The public hearing was opened at 8:19 p.m. Keith Wilson: Good evening, Madam Mayor and Council Members, Keith Wilson, Land Acquisitions in Capital Projects. The Route 15, South King Street, Widening Phase 1 project is a funded capital project for the widening of the roadway to a four lane divided street with a multi -use trail along the west side of the road. Utility relocations are currently underway on the east side of Route 15, South King Street, for the project. Land rights were needed from 12 land owners along the west side of Route 15, South King Street, for the widening project. Eleven of the 12 land owners have agreed to the acquisitions of the necessary land rights and signed the deed of easement agreements. The remaining property is subject to a foreclosure sale and is scheduled for the first part of August 2011 with the land owner appearing to have moved from the dwelling. Capital Projects is currently working with the mortgage lenders on four of the 11 parcels where the land owners have agreed to the acquisitions. These parcels are subject to a mortgage lien where the lender holds a prior security interest in the property. The mortgage lenders have been contacted requesting the area of permanent easements be released from the mortgage liens. The mortgage holder will need to subordinate the mortgage lien to the permanent easements releasing the permanent easement from the mortgage lien prior to consent to the acquisition. We are requesting Council to authorize condemnation on the properties where the land rights cannot be secured by negotiations and /or release or consent of the mortgage lien holders cannot be obtained. Reid: I am just concerned about the timing because this project was approved by stimulus in the spring or summer of 2009 and I am concerned as to whether in fact these... why weren't the easements and stuff brought to Council earlier? I guess that's my question. It's a process question. Wilson: Council only authorized negotiations of the easements in April of 2011 and we have only at that time had the plans designed that we were in a position to be able to acquire and recognize the easements needed. Reid: But this is not going to hold it up? 9 1 f'ag COUNCIL MEETING July 26, 2011 Wilson: No, this is not going to hold it up, right. Reid: Okay, thank you. Hammler: For the sake of the public, this is an interesting scenario as it relates to another property that is in foreclosure in which we are seeking condemnation. Jeanette, could you clarify why, for instance, we wouldn't seek acquiring the property and then reselling it as we are for, say, the Linden Hill easement road versus in this case just seeking the condemnation. In other words, perhaps, specifically dealing with there is not a significant impact on the property. Irby: This is the same property, but this is a much smaller area that is needed outside of the Linden Hill Access Road. This is a narrow strip that we are requesting from all of the property owners. I believe it is less than 200 square feet, so what we are working with this bank and other banks of the same property, is they have to subordinate their interest to the town. So, it's a deminimus taking that does not really materially affect the value of the property. Hammler: As it relates to it being related, why wouldn't it be aggregated as one act of the town? Irby: Because the design portion for this acquisition is completed with respect to South King and we know what we have to take. The design process for the rest of it just began at Council's direction a couple of weeks ago so we don't know the complete amount that we are going to need to take should we pursue condemnation against the rest of the property. There were no speakers wishing to address Council with regards to this public hearing. The public hearing was closed at 8:25 p.m. On a motion by Vice Mayor Wright, seconded by Council Member Butler, the following was proposed: RESOLUTION 2011 -101 Declaring that a Public Necessity and use Exists, Authorizing an offer to Acquire Permanent and Temporary Easements PIN 273 -49- 6457 -000, PIN 273 -49- 8582 -000, PIN 273 -49- 8096 -000, PIN 272 -19- 9401 -000, PIN 272 -19- 9809 -000, PIN 272 -10- 4060 -000, PIN 272 -10 -3151, PIN 272 -10- 5379 -000, and PIN 272 -20- 7005 -000 For Route 15 (South King Street) Widening Phase I Project, and Authorizing Condemnation if the Offer is not Accepted The motion was approved by the following vote: 101 Page COUNCIL MEETING July 26, 2011 Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 b. Authorization for Acquisition of Easements Required for the Virts Corner Improvements Project The public hearing was opened at 8:26 p.m. Keith Wilson: Madam Mayor and Council Members, the Virts Corner Improvement Project is a funded capital project to improve the intersections of Gleedsville Road and Mason's Lane and Mason's Lane and South King Street. There is little or no separation at the intersection of Gleedsville Road and Mason's Lane at South King Street. To provide for better traffic flow, it is necessary to realign the intersection of Gleedsville Road and Mason's Lane to the east of its current location. The realignment of the intersection of Gleedsville Road and Mason's Lane will provide for vehicle storage at the intersections of Mason's Lane and South King Street and allow for the installation of a traffic signal at this intersection. Land rights were needed from six land owners for the Virt's Corner Improvements Project. Four of the landowners have agreed to the acquisitions of the necessary land rights and signed the deed of easement agreements. Negotiations with the two remaining property owners will continue to try to reach an amicable solution. The town must acquire utility easements if a capital project requires the utilities to move from an existing utility location onto private property. Existing overhead Dominion Virginia, Verizon Virginia and Comcast utility lines along South King Street and Masons Lane and existing underground Verizon Virginia utility lines along Gleedsville Road will need to be relocated as a part of the Virts Corner Improvements Project. Replacement utility easements are required for the utility relocations. We are requesting Council to authorize condemnation if negotiated settlements cannot be concluded for the remaining parcels. Reid: How long did it take to negotiate the Dominion and Verizon easements? Wilson: I have been negotiating on these parcels for the better part of five months. Reid: Well, something has to give on this Is this the last hurdle for this project? This is a very important project. I mean the intersection is dangerous and Mason's Lane has become the defacto Battlefield Parkway for folks in Woodlea and Greenway trying to get over there. So this is it. We are going to see construction, but not until next year. Wilson: We are expecting with the acquisition of the remaining land rights to be able to commence utility relocations in the fall of this year, which will allow construction to begin in the springtime. COUNCIL MEETING July 26, 2011 Reid: At the appropriate time, John, I would like to have a memo or some kind of a briefing on what it was like to negotiate this and why it took so long because VML tomorrow, when we adopt our transportation policy statement, we are going to be asking the legislature for a study commission to look at utility relocation in the state and how we can accelerate it and make it easier for municipalities and VDOT to get these projects moving. But, I would like to maybe talk to you off line about it or get a memo. Thank you. There were no speakers wishing to address Council on this public hearing. The public hearing was closed at 8:29 p.m. On a motion by Council Member Reid, seconded by Council Member Butler, the following was proposed: RESOLUTION 2011 -102 Declaring that a Public Necessity and Use Exists, Authorizing an Offer to Acquire Right -of -Way Dedications and Easements from PIN 273-18 -0838- 000, PIN 273 -18- 6256 -000, PIN 274 -47- 3967 -000, PIN 273 -18- 2708 -000, and PIN 274 -47- 8862 -000 For the Virts Corner Improvements Project, and Authorizing Condemnation if the Offer is not Accepted Reid: I would just like to let the media and others know that this is an important project and I am very happy that we are going to be... this is a hurdle that as Mr. Armstrong is it? I forgot your last name... Wilson, I'm sorry. Mr. Wilson has been negotiating for five months. I am hoping that we can see dirt pushing very soon. Thank you. 11. ORDINANCES a. None The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 12. RESOLUTIONS AND MOTIONS a. September 11 Memorial Ride On a motion by Council Member Reid, seconded by Council Member Hammler, the following was proposed: MOTION 2011 -025 I move that the Town Council direct the Town Manager to work with Leesburg Police Department to inform the Virginia State Police of the Council's strong support for the 9/11 Ride on August 19, 2011 along Business Route 15 121 1'ag COUNCIL MEETING July 26, 2011 and to coordinate appropriate resources within the town to mitigate the impacts of the road closures to the degree possible and coordinate with other public safety agencies in the region. The Town Manager is further directed to take the necessary proactive public relations actions to inform the public of the Ride and its impacts. Reid: I want to thank the members of the 9/11 foundation, which is based here in Leesburg for bringing this to our attention, but more importantly bringing to the attention of the public the importance of keeping alive the memory of the victims of September 11 The fact that you each spend an average of $1,000 of your own money and take this ride from Shanksville where United 93 crashed through Leesburg... and we are honored you go through Leesburg... down to the Pentagon and up to New York is really very, very heroic and it is wonderful because when the folks see you riding, they hopefully will remember and keep remembering and will never forget and never forgive what happened that day. Even though this is the tenth anniversary, I am certain that once the media coverage is over, a lot of folks are going to forget that this county is still at war with the terrorists. As the Mayor and others mentioned last night, yes, there is going to be some inconvenience factor here... no question, but the country was also terribly inconvenienced and the Washington area was terribly inconvenienced on 9/11. So were the people in New York. This is what... but I am very appreciative... we have done this. Madam Mayor, I think we should all be proud. I would like to just say that it is going to be extremely important for all of us as the leaders of this community to get the word out and for the foundation to get the word out and also to help us deal with the complaints afterward, because we are going to get some. There is always going to be a couple of people who are going to be extremely frustrated and upset and they are going to want to blame the official authorities, so I hope you will be there and stand with us after August 20 or August 19 when this happens. But communication is going to be very, very key ahead of time, but also we are going to have to deal with some folks afterwards, but I am prepared to take the heat and I think my colleagues are too. I am confident that the state police and our Leesburg police are going to be able to deal with the street closings and so forth. Again, thank you all for pressing your case with us. Thanks to Sgt. Vigilante, who in addition to sacrifice in Afghanistan spent 12 years on the Parsiphany /Troy Hills Town Council. I can tell you, being from New Jersey, that is also a sacrifice. Not the same, but it is... trust me... that is an interesting town and interesting Council. Hammler: It must be epidemic in New Jersey, because I read a lot of local papers about a lot of the antics of councils up there. If I may build on Council Member Reid's comments. I appreciate everything you said, Ken, in terms of the importance of everything. The sacrifice of the riders and very much helping us to remember the victims and their families. If I may, though, you are also helping us to recognize the importance of some really important heroes, which were the first responders who were there on the scene, 9/11, who also lost their lives as well. Not just those in the twin towers or at the Pentagon. First of all, I too want to say thank you to the state police as well as our local police and everyone 131 Page COUNCIL MEETING July 26, 2011 involved in helping to prepare for the logistics. I think, as Council Member Reid was pointing out, certainly there will be impacts from a traffic perspective, but what I heard last night was a red flag being raised relative to heightened security and the security concerns as relates to this being the 10 anniversary. That would be the reason that we would even consider moving this to the bypass. My reaction to that and I know others concurred last night, such as our Mayor, if we were to move it to the bypass, that is really us kind of succumbing to a fear, which I don't believe is in our hearts as Americans. We are standing against that and really standing against the fear of any terrorist act because this is the wonderful part of the nation that we live in. So, I appreciate the fact that you have got wonderful people such as our town manager who will really be setting the expectations from a communication perspective so that certainly those that may need to be alerted before that day that there will be traffic concerns, that they can make other plans. It is certainly not our intention to keep people in traffic, so that they may think long and hard about the sacrifices that certainly those in uniform continue to make on a daily basis in the heat of the summer and throughout the year. We try to avoid those types of annoyances, but in particular it's actually not on 9/11, it's on a different day so obviously it won't be intuitive. It is clear we will have get that word out that in particular the hospitals that may really need to have contingency plans as relates not being able to get to Cornwall. I will look forward to getting one of those flags, being on the roads cheering you on as you are coming through our downtown, but I do hope those that do take the time, will realize that it is a really important day that you have allowed us to pause and to reflect for everyone and all of us who will always and continue to be impacted by 9/ 11. Dunn: I did have a question for staff. Maybe John will be able to answer this How would we manage, for example, I don't think we have anyone from Parks and Recs here. With Ida Lee being there and I don't know what type of kids programs and even adult programs, that seemed to come into my mind. Other than the hospital, and the hospital has a way around town, but Ida Lee is kind of stuck there. What are we going to do to manage that process. Wells: Actually, Council Member Dunn and Council Members, there is a number of different facilities we are going to have to be looking at in town. Certainly Ida Lee, the library, the hospital, the schools that are along King Street in town. We will get into August football practice. Other sports will start to have practices at the athletic fields. Marching band usually starts in August. There will be a number of activities that go on. At Ida Lee, we are checking on camp and the camp registrations. Pool will be open. We will be coordinating with all of the different leadership groups, school administration, hospital administration, our own parks and recreation staff. We may be looking at potentially early closures that day or rescheduling, but I don't want to say too much at this point because we have to pull all these people together. I didn't want to get ahead of a Council vote at this point and begin to make those preparations, but what we are doing is developing the inventory of who we will need to work with. This is a community wide effort. We are going to be talking to the Chamber of 14 1 F' g COUNCIL MEETING July 26, 2011 Commerce, the different business associations, the HOAs, because it's not just a business issue. It's also going to be residential as well. I know a number of the complaints that I receive regarding parades in town are from those residents who live on streets that have one access to King Street, so they have a difficult time getting out. We are going to pool all of our knowledge from all of those events and take appropriate steps. There may be different action plans for each of those, but we are on it and assuming a vote tonight to the positive, we will be coordinating different teams around the organization. I spoke to Mr. Dentler and Chief Price today in terms of getting ready for that starting tomorrow. Dunn: I just wanted to say, as I mentioned last night, I had a good friend of mine, who was on his way to a business trip in California, leaving out of National when the terrorists turned the plane around they probably thought they were just going to go back to National They came down a little short of that. They hit the Pentagon. His family had three young children and the thought of him, his family, doesn't often pass my memory. I just say that because I do appreciate the work and the effort that you all do and put into this. I would say, though that the ride is what is most important because of the way that it remembers 9/11. That is what we really have to keep in mind through this whole process. The ride is what is most important. I think that is recognized by the fact that there are a number of towns on the route that you may not be going through. To me, one road over another it doesn't mean a whole lot one way or the other. Whether this ride was originally on the bypass, would it be then to say it would have been much better if it had gone through town, no. Because the ride is what is most important. After that, are you folks. The people who are taking the time, the effort, even your finances to be a part of this ride and those people who are supporting you for this ride. Next, what is most important are those people along the route that are recognizing you for your efforts and the time and commitment that you have done and who are taking the time out of their day to remember what is most important about the efforts that you are doing and reminding us that 9/11/2001 was not too long ago. I am often reminded that when I drove into town that night, coming back from work and seeing a heavy construction equipment blocking the FAA center and realizing that was our best efforts at first responding. That next, the people that I can't take too lightly, though, the police officers who were here last night advising us about the safety of this. After all, those are the people who you are riding for. Those are the people who you are recognizing. They are still here and many of those people are the ones that were there on 9/11 providing first responder assistance. I can't take too lightly their advice and I think that the message I took from last night was that our chief was saying I'm going to be spread pretty thin and I'm going to need a lot of help from the state police to get this done. I think John has shared a little of that in just a few weeks, we are going to have a lot to do to be able to make this happen for you all. For me, it was more of a management issue and we should not take those comments by the police too lightly. Again, I do support your efforts and I thank you all for what you do. For me personally, again 9/11 is still a tough day. That is still tough. Thank you very much. 15 I Page COUNCIL MEETING July 26, 2011 Wright: Thank you, Madam Mayor. It has been an interesting couple of weeks as this issue came up as the town manager will remember when I first got the first email on this, I was actually on travel on business and I got it and I forwarded it to John. I'm like this is a mistake, right? He was like, no. And then the conversation continued. In looking at this issue. We got our briefing last night and obviously a lot of public feedback and kind of as I have been working through it, one of the things that I took note and kind of in addition to the some of the other comments that we have already had is the past practice. This ride has gone through downtown. It had been the expectation. I am always a kind of a process person, so the other thing that kind of stood out in my mind is the 9/11 foundation comes through the town of Leesburg, had filed a special event permit, had noted the higher number of riders and that was approved. So it was a little bit of a change in process based on other things. So, that was there. One of the overwhelming things was the public feedback and I had a concern that maybe they were only responding to the emotion of it. So, I put on my Facebook page and other communications, hey, worst case scenario and I acknowledge this is the worst case scenario in that the foundation has indicated probably a much shorter time period, but worst case scenario is we are talking about a two to three hour window and the responses I got back including from some core downtown businesses was "yah, and... So, the public has been very firm in we want this ride to come through downtown. I did a poll, which was nonscientific but the last count was 250 to 7. It's not one of those where you have to do a whole lot of struggling to understand where the public stands. In acknowledging the impact, I think one of the things that was the most helpful from the common stand... I definitely appreciate everyone coming out. What was reminding us about the Obama political rally and the impact to drivers for that and that was an inconvenience and remembering 9/11 is certainly far more important than any political events or anything of that nature. That helped really put this whole discussion into a better perspective. I think it's important that we acknowledge the impact, we prepare for the impact and we communicate. I know in years past, our communications have maybe focused day of. I think all of us have had conversations with the town manager that we need to be communicating much more aggressively starting tomorrow. That would have been the same regardless of the route. I am still in my mind... even the bypass route has its cons as well as far as from a traffic impact standpoint and delay standpoint. I think there are ways that route could have almost been worse. So, for me the overwhelming thing when you kind of weigh all of that is the public feedback and the desire for the community and the importance of what the ride and the folks that are taking the time represent. So, that's where I am at. Martinez: One of the things that I wanted to mention about the ride was that no sooner had this story broke that there then started being dialogue on Facebook. I want to thank Deena for coming out right away. The story had no sooner broke than she wrote a comment "what is going on here?". I have the same feeling. I have looked at this ride more as it's bigger than just the ride. It is a symbol for our anger, our sadness at the horrible event that happened. For me when I see the ride and I see the people on the sidewalk, what I am looking at 16 1 Page COUNCIL MEETING July 26, 2011 is the coming together of our patriotism, our community and the fact that we are proud to be Americans. For me, I really am at a loss at all of this dialogue and all this conversation. For me, from day 1, I had no problem supporting this. I had no problem having it go through downtown Leesburg. I am going to be on the sidewalk watching these guys go by. I may have some tears thinking about all the things that happened. I would bet, just as a lot of us older folks who knew where we were when President Kennedy was assassinated, we all remember where we were when 9/1 1 happened. So, as our flag and one of the reasons I talked about our flag before we said the pledge of allegiance, it is a symbol for us. It is bigger than just the words we speak. It is embedded in us. As this ride has become a symbol for 9/1 1 as the flag is a symbol for our patriotism and for our freedom. Again, I don't think this was something we needed to talk about a lot. For me it's a no brainer and I am going to support it. Butler: I have a little bit different perspective on this issue. First, I reject the notion that we will be honoring the 9/1 1 victims less because we picked a different road to go through town. The analogy with a political event is false because the choice with a political event is to hold it or to not hold it. In this case, we are not stopping the 9/11 riders at the border. They would still be coming through either way, it is just an alternate route that our police, both at the state level and at the local level say is a much safer route and would cause far less disruption. Now I appreciate the people in town, businesses and residents, saying that sure they love this 250 to 7, or whatever it is. But we also have a responsibility as a council to look at other people who will be affected and the risk with bringing it through town is there is a number, many more riders than there have been normally. The police estimate they may have to close the roads for up to three hours. If that happens, we are into Friday rush hour. What we do in Leesburg is going to affect potentially hundreds of thousands of people that will be coming home from work on a Friday afternoon. Because this ride doesn't end in Leesburg, it continues on through Leesburg and goes into Alexandria. So, potentially there are roads all along there that will have to be closed, but not in a convenient time in mid afternoon, but at an inconvenient time in the middle of rush hour so there may be many, many people that will spend hours more in traffic because of a decision we made and they will not have the benefit of seeing 9/1 1 riders or spending time in their cars and they will not be thinking about 9/1 1 victims. The will be thinking about who are the Einsteins on Council that did this on a Friday afternoon, the worst possible time of the week. So, this is not a no brainer. It is not a simple solution when we have state and local police men that are all coming out and saying this is not the right decision for us to make. We need to give a due and I don't believe the council is doing that. Nevertheless with all of this, I will stand with my colleagues and accept both the credit for doing this as well as the criticisms that will certainly come our way. I will be supporting this and I appreciate Dave's comments. I just want to say that for the minority of citizens and businesses that have asked us to support the bypass route, the emails and conversations that I was either privy to or received were very thoughtfully crafted. Even those that prefer the bypass route 17 I Page COUNCIL MEETING July 26, 2011 are very supportive of the cause that everybody is riding for, but it occurs to me that the route through downtown Leesburg is the route through small town America all across this country and the riders who are taking time out of their work schedule to ride, I think deserve to be able to see hometown America out there waving flags for them. I have been extraordinarily impressed with the businesses and residents of Leesburg who support the downtown route despite the inconvenience that will occur because they want to sacrifice. Because they understand how important this cause is and sometimes I think it is important to let Americans say we are willing to give up our convenience, we are willing to band together and support a cause greater than ourselves. This is for freedom and this is for the American way of life so it will be my great pleasure to vote tonight to support the downtown route. Reid: Thank you Madam Mayor. I don't want to belabor this, but I think that what Council Member Hammier said is just so beautiful that yes, it was a job of the police and state police to give us the worst case scenario. Some of us were wincing when they started talking about the potential for terrorists but what Ms. Hammier said is we can never, ever, ever show fear. We must look them in the eye and we should go on with what we have planned. Besides, I can't imagine how terrorists would want to take on 1500 guys and women on bikes, most of them wearing goatees like the guys in this room here tonight. Mayor: Well, the women aren't. Reid: The women aren't, that's true, but still... Mayor: I know some members of your family and none of the women have goatees. Reid: 1500 folks wearing leather, zooming along on Harleys. I think you guys are going to work it out with the police fine. I think it's going to work out. God is watching over you. God bless you. Let's fire up those engines. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 b. Easement Authorization for Alleyway and the East End "Triangle" Area Capital Project On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the following was proposed: RESOLUTION 2011 -103 18 I Page COUNCIL MEETING July 26, 2011 Declaring that a Public Necessity and Use Exists and Authorizing an Offer to Acquire Permanent and Temporary Easements for the East End Triangle Area and Alleyway Capital Project The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 c. Contract Award Woodberry Road Improvements On the motion of Vice Mayor Wright, seconded by Council Member Reid, the following was proposed: RESOLUTION 2011 -104 Awarding the Construction Contract for the Woodberry Road Drainage and Street Improvements Project to Madigan Construction, Inc., in the Amount of $698,551.26 Wright: Where we are at on this project is we have got a design, time to move forward. Reid: I would like to offer a friendly amendment at the end of where it says project to say "Further Resolved, that the entire sidewalk on Woodberry Road shall be 4 ft. wide Mayor: Kevin, do you accept that as a friendly amendment? Wright: I do not. Mayor: Ken, do you want to make a motion to amend? Reid: Yes, I would. Mayor: Ken has made a motion to amend this to decrease the width of the sidewalk from I believe five feet to four feet. Is there a second to that. Okay, second by Tom. Ken, do you have any initial comments? Reid: If you have looked at your emails the last week or so, Doris Kidder has talked to the residents on the street. What she wants to do is essentially... the residents support a four foot wide sidewalk for the entire sidewalk length. As you will recall, when we approved the sidewalk in 2009, we agreed to a four foot width towards the end of the block on Edwards Ferry Road so it would not impact the Kemp and Patton properties and I think one other property. Ms. Kidder raised a very good point that the sidewalks in the Lowenbach subdivision are 4.5 feet wide. But a lot of the sidewalks... as you will recall Woodberry Road has sidewalks here and there already and they are four feet wide. All we are 191 Page COUNCIL MEETING July 26, 2011 doing here is making a 4 foot wide sidewalk. The staff has argued that this won't meet ADA requirements, that Lowenbach was approved during that period of time when it was allowed, but the fact is that the town council can approve it. There are several driveways along there that allow for turn arounds for... the reason they have a five foot wide width is because of wheelchairs. Potentially someone coming down with a wheelchair cannot get by if it is four feet wide, but there are driveways throughout Woodberry Road. So, it's not like a lot of streets in the historic district where there are no driveways and curb cuts. So, all we are doing here is just responding to citizen requests to make the sidewalk uniform and I wanted to propose it at four feet wide. Dunn: Just a question and I was willing to second just for discussion purposes, but I do realize that there is the ADA and having a son with special needs and knowing that there are people on that street with special needs that we should consider that. I would think that the ADA has good reason for having five foot wide sidewalks. However, I would ask anyone from staff who could tell me what are the consequences of going with four foot wide sidewalks When will the ADA cops be coming to John's door? Irby: Council Member Dunn, I don't know that the ADA cops will be coming to the door, but certainly reducing the sidewalk from five foot to four foot violates the spirit and intent of the law. The ADA has given specific guidelines with respect to recommendations. I think there is a confusion among some. There is a clear width minimum that is fit for passage and that is not considered a sidewalk width recommendation by the ADA. Particularly with respect to children who may be using the sidewalk, their minimum width with recommendation for children using sidewalks in residential areas is five feet. This sidewalk was designed for five feet and there is no reason for us to design to a minimum. The minimums are in the ADA guidelines in case there are impediments and inability to make a sidewalk wider but that is not the case here. The conditions warrant a five foot sidewalk, we have planned for it, we have paid for it. Even if Council decides to go to a four foot sidewalk, we don't get our money back from the residents where we have acquired the land rights to those properties and I think we have acquired most of those land rights already and we have already designed it, so we will not be saving $7,500. Wells: You will save, Council Member Dunn... that's just one aspect of the cost. There are other costs that will be associated with making the change in terms of design and lost value in terms of the easements that have already been acquired, so the net effect is something less than half of that. Dunn: I guess just to follow -up for further clarification is are there legal consequences... fines that could be imposed upon us by not following ADA requirements. 20 1 Page COUNCIL MEETING July 26, 2011 Irby: There could be a suit that is brought, but I am not going to say that somebody would do that; however, it does violate the spirit and intent of the ADA law. Wright: So, it's my understanding this has been designed so... I also remember having this discussion before and making this decision before when we had you go design it. If we were to make this change now, having been in the construction business from time to time, we are talking about a change order. You are not going to get the full value of the change order. We are also talking about a design change and if we are going to be trying to document we are somewhat meeting the spirit of the ADA, it is not just going to be someone doing a post it note on the drawings, we are going to need a new set of drawings. All due respect, John, I don't usually disagree with you, but you are going to spend $7,000 getting a new set of drawings. So, there is no money to be saved here. The other thing I would remind Council is when we felt we had a pulse of the whole community, we usually don't. I just envision we make this decision, we get a line of people here in September. We do this again. I think we have put this neighborhood through enough. We made the decision. This is just simply the administrative act of awarding the construction contract. It is not the time to be redesigning the project. Martinez: I have to agree with Kevin. When we went back and voted on the sidewalks, the reason we voted on the sidewalks was residents came and wanted the sidewalks and there was a lot of discussion. I have to agree with Kevin also that it is going to cost more than $7,500 and I am talking about staff resources. Here is what I envision. We change it to four. Somebody comes in and wants 4 and a half. Somebody else wants 5. We end up spending another two to three Council sessions discussing what is the right width. We made the decision. I sympathize with Doris. She is a favorite person of mine, but on this I have to disagree. I think we need to stick with the drawings that we have. Also one of the things that is different between Lowenbach area and Woodberry Road is that if we could have put five foot there, we would have. The problem was the width of the street itself. We have to look at we are doing this because, one, we are complying and the street can handle the width. In this case, we need to continue on. This is just another vote to complete the design and move forward. Hammler: The only thing I would add to the discussion because I concur that we should move forward as planned is that it would even be contrary to all of the time, effort and Council priorities as it relates to increasing pedestrian walkways, ultimately narrowing street widths to create traffic calming and I wholeheartedly support wide sidewalks. Butler: I had a question for staff. If we change the sidewalks to four feet, are there major trees or shrubbery or anything else that may be saved that now would be removed? 21 1 F ag COUNCIL MEETING July 26, 2011 Dentler: Narrowing the sidewalk will not save any trees that have already been identified. No sidewalk will save it, but with the sidewalk four feet or five feet or anywhere in the middle doesn't save anything. Butler: Okay. So we are really talking about... about the only thing we are talking about is the width of the sidewalk. The change in the streetscape will... that's the only difference. Reid: I'm just a little surprised because I brought this forward because Ms. Kidder said she had neighbor support. In her email, even said that Council Members Butler and Martinez were going to support it, so I really thought I had the support for this. If there is no support for this on Council, I'm going to withdraw it. But I thought... I swear that I saw the email that there was other Council Members who were behind it. If Kevin is saying that members of the community... that there are some members of the community that are not going to like this and if Mr. Dunn says there are folks on that street who have disabilities, then I am not going to bring this forward and I am sorry to waste everyone's time. I will withdraw the motion because... I am just surprised. Mayor: We are back to the main motion. Ken has withdrawn his motion to amend. Is there anybody that wants to speak to the main motion? Martinez: I had talked to Doris about it and maybe I misunderstood her. Maybe my perceptions were wrong. I apologize if she thought I was leaning one way versus another. I just wanted to make... Reid: Hey Marty, I apologize for wasting everyone's time. The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 c. Mason Enterprise Center Memorandum of Agreement /Membership Change and Advertisement On a motion by Vice Mayor Wright, seconded by Council Member Butler, the following was proposed: MOTION 2011 -026 Whereas, according to the Memorandum of Understanding between the Town of Leesburg and George Mason University, be it therefore resolved that the MOU reflect a Board of Advisors for the Mason Enterprise Center (MEC) Leesburg be represented by four members of the Town of Leesburg, three from Loudoun County, three from George Mason University, two from the Loudoun County Chamber of Commerce and three At -Large 22 I Pant. COUNCIL MEETING July 26, 2011 The motion was approved by the following vote: Aye: Butler, Dunn, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6 -0 -1 (Hammier abstaining) 13. UNFINISHED BUSINESS a. None 14. NEW BUSINESS a. Linden Hill Access Road On a motion by Council Member Reid, seconded by Council Member Dunn, the following was proposed: MOTION 2011 -027 The Town Council authorizes the Town Attorney or her designate to attend the auction of 1 Country Club Drive at the Loudoun County Court House on August 8, or an alternative date and bid on the respective property Dunn: I would say that while I was not at the closed session discussing this last night, I have a pretty good handle on the issue. I would think that our probability of securing the property is pretty good, unfortunately though it is an auction. You do have the public there. You have representatives of the banks there. You are putting at risk the possibility that we do not secure this property because it is a public auction. We have limited the amount that the Town Attorney can spend and if somebody chooses to spend more than that, then they can secure the property and we have to deal with these issues all over again. I had hoped that what originally brought this on was the Meadowbrook purchase, which brought on the South King Street widening, which resulted in having to do this. I was not for either one of those. I wish that we had gone ahead and had a majority on Council if only to offer full price for this. We opted not to do that. We opted not to go into a joint purchase with another interested party. The majority of Council opted not to do that. Now we are putting this project still at risk by going to a public auction. I wish that we weren't having to do this, but these are the cards that the majority of Council is willing to operate under. So, I am supporting it because we have to, but I wish we were taking a more direct route to get this moving forward. Wright: I will not be supporting this. As I have said throughout this process, I don't think this is a wise use of taxpayer dollars. I don't think once this is built and utilized... it will be utilized as much. I think the Linden Hill residents will ultimately migrate to making the right turn and the U -turn as that being more convenient than this cross property. I continue to think that the cost of this will continue to climb as this moves along or drags along, depending. Martinez: I am kind of... I wasn't at the closed session so I really don't know exactly what is going on. I hate abstaining. I also mentioned that I 23 I P age COUNCIL MEETING July 26, 2011 thought we were out of the real estate business and that we were going to go ahead and put the design in. When it came time to take care of the property, we take care of it then. It seems like we trying to do all these stop -gap provisions and so I am really uncomfortable doing this. I just don't feel comfortable. I don't think it is the right thing to do. Like I said, we have the access road in the plans. As far as I am concerned, I would rather go ahead and just see what happens and whoever owns it, we just go after the easement. I am concerned. Hammier: I will be supporting this and I appreciate everybody coming out. I know last time you were here, it seemed like there was a lot of discord on Council as far as that more convoluted way. But, there has been a dramatic change, which is this time around there actually is an auction, so we will be participating in it. Yes, there is a risk. This has not been a simple process, but we are going to hopefully move forward this evening. Council Member Wright said something earlier tonight that struck me. He is a process person. This is part of the process at this point. As it relates to the fact that we all agreed we would be widening Route 15, that there were impacts to Linden Hill. It is not an ideal scenario as it relates to any number of things. Certainly you wish you could continue to turn left, which you no longer can. We will be getting a bike trail down there for all of our troubles as well. As it relates to specifically us getting into the real estate business, clearly one needs to question that, but as it relates to my perspective as we have debated, this will minimize ultimately the easement costs, so to me it makes sense to move forward as best we can with the auction and be well assured that there will also be a plan B as necessary because the other thing in our favor is the market value of that home. Butler: I want to let everybody know that we are not going down to this auction because we initiated it. This got initiated by the bank, as it always does. We really should participate in it. I think the chance of... how should we say it... somebody who wants to acquire the property long term is probably somebody other than us, is unlikely to win the bid. That is my guess, but of course anything can happen. Who knows? In any case, I am satisfied with this resolution. Mayor: Thanks Dave. Before I turn it back to Ken for final comments, I will be supporting this. I want to say to Mr. French, I really appreciate your coming out. But the reason that I have to vote against the concerns you have raised and we have heard those concerns, as you know from other members of the Country Club community, is I do support the widening of South King Street. We are anticipating significant increases in traffic on South King over the years to the extent that it may be impossible for Linden Hill residents to make a left onto South King Street even if the widening project weren't going forward. Because the widening project and our cutting off Linden Hill from their long standing access on South King, on their ability to make a left I feel that they are now at a disadvantage, or they will be at a disadvantage when the widening project is done and I feel that we have an obligation when a new public works project puts a community at a disadvantage and takes away some of the rights they are used to relying on, that we have to try to mitigate the damage that is done to that 241 Page COUNCIL MEETING July 26, 2011 community. I appreciate Mr. French, you have expressed your sympathy for the Linden Hill residents. I am sure they appreciate it as well. But this is while not an ideal situation, I think it is the only solution we can come up with to try to make it easier for them to carry out their day to day business. The risk of going forward and only condemning an easement is that the courts could say sorry, but that easement is going to cost you the value of the entire property but you don't get the entire property, all you are going to get is that strip. At least this gives the town the opportunity to re -sell the home and Mr. French, you are an expert in real estate, as I am not and I know you are skeptical of the ability of the town to resell it should we be able to acquire it. But we would make back some level, I think, the majority of what we spend. I have supported this proposal from the beginning. It has been very frustrating for Linden Hill to have to come back and back to meeting after meeting, but I do appreciate the residents of Linden Hill who took the time once again to join us here. I will be voting for this tonight and Ken, you get final remarks. Reid: Again, this is not what we really wanted to do this and go through all of this. We wanted to have a median break so folks could take a left. We were confounded by our engineers. They would not work on the project or approve it because it did not meet the VDOT design. That would have been the best solution. So, this is what we are left with. I just hope that we can resolve this on August 8. What time is the auction? Irby: It is one or two o'clock. Reid: Very good. Thanks again to folks for coming out and also to Mr. French for being here tonight. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, and Mayor Umstattd Nay: Wright Vote: 6 -1 15. COUNCIL COMMENTS Council Member Dunn: had no comments. Council Member Reid: I really appreciate my colleagues supporting the 9/11 ride and again I stress the importance of advance communication. But that means the Council members should also be communicating with constituents that week on your Facebook pages, emails and so forth. I think it is going to work out. I attended a very interesting conference. I wanted to hand this to Mr. Dunn, if you will look at that. That is pervious concrete. I went to a meeting at... Mike Rolhband from Wetland Solutions sponsored a conference with the Virginia Redi -Mix Concrete Advisory Council. You have seen pervious concrete before? It is actually not new. At Wetland Solutions, they actually have a whole parking lot made of this. I discovered at the meeting how concrete is not the favored material for a lot of the state highway departments, but it is something that has come down in price tremendously because of the cost of oil going up 25 1 Pan COUNCIL MEETING July 26, 2011 and asphalt going up in price and concrete lasts a lot longer. You can pave a road or a street with concrete and it will last maybe 20 years. It will have to be patched. What I have in my hand is really only good for parking lots and streets with maybe only 25 mph speed limits, but this could be a solution to our situation with trying to keep the phosphates and other chemicals from getting into the system. It is going to take a major cultural change with VDOT and local public works department to try to get away from $800,000 a year milling and paving and instead resurface streets with concrete or major highways. Concrete does take a while to settle, unlike asphalt, but it is longer lasting and it is coming down in price. So, again that was a very interesting conference that I attended. Our town staff was there too. Tom Rust and I, Delegate Tom Rust and I were the only elected officials there. He was there primarily because he is in the engineering business and he was getting continuing education credit, like all others. So, with that, I just want to wish everybody a very happy August. If you happen to be driving any roads with concrete, please tell me where they are because I am curious. Because they used to buckle. They used to jump up. We used to drive these roads in New Jersey and you are going up and down, up and down. They have apparently fixed that problem. So anybody who wants to learn more about concrete, please come over here. Thank you. Vice Mayor Wright: Sorry, that I missed you guys last set of meetings. I did hear you managed to get out in record time, so I didn't feel too guilty for you all, because I think my training class which started in the morning was still going by the time you all had wrapped up your council meeting, but I did miss you guys. I think that is the first set I have missed. I am looking forward to the August break. My daughter does not appreciate my current approach as we walk by the Back to School section and I'm like "oh yeah, next month you go back to school She doesn't like the way that is worded but obviously the summer is a little shortened since they moved the start of school back into August. I do know that our town staff will be very busy, specifically our capital projects department working to close out some capital projects and I won't steal all of John's thunder since he has got that coming up. I wish all you guys a good break. I have been out... the Mayor and I have been busy cutting ribbons. There are times we are both out at the same time. We have definitely been welcoming a lot of new businesses to town as well as I had the honor of being there along with Dave for the Vintner's ribbon cutting after their reinvestment and refurbishing of their business, which was very nice as well. Council Member Martinez: Just remember, Kevin, they get older, they go to college, then they come back home. Then they eat all the time. I have got a full house and our food bill has gone up tremendously, but what is even worse is the water bill has gone up because they love to take showers. It is a good thing... it could be worse, I guess. The Mayor and I went to the Little League banquet, which was absolutely fantastic. You would be amazed at the kids and people who are there, families. John, I did want to mention something. I have been watching over... it caught my eye about two weeks ago and I have been watching... every time I make a left turn on King Street and approach Ida Lee, there are a lot of rolling stops. A couple of times, I almost hit somebody going left and the guy is going right. What they do is they see me coming and they judge "oh he's going about 35" and they take off. They don't even stop. They 26 I E' a g COUNCIL MEETING July 26, 2011 rolling stop. Either we put a sign or we put a cop car parked there or something. I'm just thinking about all the kids who are using that crosswalk going back and forth and somebody not seeing it. So, if you could just keep an eye out there. I apologize for not being here last night. For the last week I have been score keeping, pitch counting, announcing and I even volunteered to sign the National Anthem, but they said "no thank you I have been doing that... I did it all weekend and last weekend. Last night I was doing the score book. I came back home not feeling good because of the heat so I watched you guys on TV. Kevin and Jeanette got my emails. They probably wish they didn't, but they did. I will say on this state tournament, we have had nothing but praise for our fields, and for our staff and also for the Little League organization that did it and the Little League organization is very appreciative of us helping them out. It has been a fantastic tournament and I threw out the first pitch today. Like I said, it was a fast ball down the middle. Actually, it broke a little to the left, but everybody was just like "wow, he really threw the ball So, there you go. The last thing is a really sad note. One of our fields is named for Bob Huber. He passed away last night. Bob Huber was instrumental in Little League doing fields, umpiring, coaching, being on the Board. He is going to be sorely missed. If anybody knew Bob Huber, they know why we named the field after him. Like I said, he will be sorely missed. My condolences go out to the family. Council Member Hammier: Just one last comment on the 9/11 ride, which Ken just reminded me. As it relates to communications, I know we mentioned this, John, but just the importance of safety precautions from a heightened security perspective for citizens, those who maybe participating on the parade route just as those who go to airports and other heightened security areas that we clearly are taking security concerns to heart. A couple of quick things... one is a quick disclosure. I was invited by a business partner to actually visit something I didn't really know existed in Leesburg which is the information security... the information systems cybersecurity management center of the FAA at our airport and that Christopher Garcia, the director and Mr. Ward, the deputy director. I bring that up because they were aware that I do wear a second hat which is the Council hat and a raised concern about something that had happened that I just want everyone to be aware of because I was there for a different private reason which is that a group of autistic children had come to take a special helicopter ride and in fact they were not able to because town staff deemed that they could not. It was not clear to them why from a regulatory perspective and so there was a great deal of frustration at the town at that point. I know that John is working directly and will be rescheduling it. But, Madam Mayor, to the extent that you may be available or our Vice Mayor, that we really put our best foot forward with the proper Leesburg tone when that is rescheduled. I know they would deeply appreciate that. Also, how remarkable that FAA facility is. They are expanding and some tremendous ideas for the future of the airport and are just a wonderful partner of ours in the town. A couple of other comments and I'll be brief. One, we talked about H -1 parking and I just wanted to follow -up on that topic as it relates to the fact that I really love the new parking signs in downtown Leesburg. The ones that, you know it's not just this strange looking word like what the name of the parking lot is, that anyone from out of town would have no idea what that is. It's finally, see a big P. It's obvious. Sets that tone that there is parking available. So, I love that. It did remind me that I am often stopped when I am 27 rage COUNCIL MEETING July 26, 2011 just taking a walk down 15 by people who are just plain lost who are looking for the outlets. It is quite obvious to me that the sign that people see either coming from the east or west into the town or even north into town from the north, is that sign that gives this broader premium center doesn't really make it obvious that the outlets are take the bypass, it's up... in other words, if there was a single sign that could help visitors given that we have so many visitors coming from different directions, I think would be a wonderful and appreciated set of progress. Very quickly, I am heading with Dave down to the Coffee with U.S. Senator Warner tomorrow morning. I know we don't have an official national set of objectives, but I am sure things like the Chesapeake Bay costs and things will come up and we will do a debrief. That is awesome that we were invited for coffee and we will do our best to represent all of us collectively. I will be attending the VML committee meetings. I chair the economic one and I know there was an update to via email about our city status issue which did not in fact pass the legislative committee, so John will be updating us on that and some related types of key issues such as the status of annexation plans, so we will debrief everybody on that as well. I wanted to just finally say two things. One, congratulations to Olivia Corso who is going to be in tenth grade at Tuscarora High School and she did win the Balch Library Commission History Fair award. I know she is going to hopefully be coming to Council to receive that. She is a delightful person. I have known her since she was in kindergarten at Leesburg Elementary and she was as bright as a daisy then and obviously continuing to do amazing things. So, congratulations, Olivia. She has a wonderful family. I must end on one of the most important notes, which is to say happy 20 anniversary to my dearly beloved husband, Rich. Council Member Butler: It would be hard to top that. This past Saturday, I gave blood again. I like to mention that each time, if it even encourages one person to go and give blood, I think that's a good thing. I want to encourage everybody to maybe do some YIP deals. I don't know if you have heard of that, but there have been a number of Leesburg establishments that have specials on the YIP deals. I personally have taken advantage of ones from Palio, Milwaukee Frozen Custard, and Tally Ho, at least a couple of times each, probably. So, that's a good thing. Also, near Milwaukee Frozen Custard, I visited the Subway. They were having 2 for 1 deals on Saturday. The new Subway that is over there. I also went to, as Vice Mayor Wright mentioned, I was at the Leesburg Vintner grand reopening but unlike Vice Mayor Wright, I did partake in the free wine tasting from Tarara that was there and it was all very good and I recommend that people shop there and buy some wine. Last, it reminded me when Council Member Hammler was talking about Parking that as I was coming in tonight one of the reasons why I was a couple of minutes late was because a car was driving into the parking garage and it had a bicycle vertically mounted on the top of the car, so there was no accident with the bike, but it was like "brrrp, wait I have a bike here so they had to get the bike down from the car and load it in and then pull into the parking garage. A good time of all the bystanders was had by all. So, in any case I am not going to recommend that we increase the height of the parking garage opening, but I just thought that was an amusing moment of the week. Martinez: I have two addendums that I forgot to mention. One was Chris McCarthy who did our national anthem was fantastic. She must have done a half a 28 I ['age COUNCIL MEETING July 26, 2011 dozen or more games over the weekend and everytime she did a fantastic job. Championship game for the 12U state tournament is tomorrow at 7:30 at Reavis. Everybody should go. It is going to be a good game and it is fun watching all the dynamics, it really is. 16. MAYOR'S COMMENTS I want to thank Kevin for doing all the ribbon cuttings he has been doing lately. I think this has been the busiest few months for ribbon cuttings we have ever seen in the history of the town, so we have a lot of new businesses. We have another one coming up tomorrow morning at 11:30, Loudoun Learning has moved to Fort Evans Plaza II, so they will be having their ribbon cutting there. Other success stories in the town, Stilson Greene's Acoustics on the Green concert series. This has been the most successful season ever for that and we are typically running over 400 people there every Saturday night. So, thank you to Stilson for his hard work. Marty did a great job with the Little League folks. It was a great banquet. We had 16 teams from around the state, all the way from Abingdon all the way up to Loudoun County. They were all thrilled. As I put in an email to John and Council, they just are so impressed with our Parks and Rec staff and with the quality of the fields in Leesburg. They said there is nothing like this anywhere else in the state. I want to thank Frank and the other members of the Loudoun County disability services board for their hard work getting the Village at Leesburg to put in additional non required handicapped parking spaces. We did the ribbon cutting on that last week. It has been a very, very busy season. I have one disclosure to make which is this morning John Wells, Barbara Notar, and I met with Tom Magazine. He is debating a special exception expansion of the Station Car Wash, which has been, as you know, a very successful business in town. Reid: Madam Mayor, if you don't mind. I want to introduce my neighbor, Chris Bisecker, who is in the audience. Martinez: John, I did on my Facebook root for the Pirates when they broke 500. 17. MANAGER'S COMMENTS Thank you, and Madam Mayor, actually the first comment I was going to make was when Council Member Martinez mentioned that he could not be at the meeting last night and he "watched I thought what he was going to say he watched was actually the Pirates playing on National TV for the first time in nine years against the Atlanta Braves. He watched the Council meeting instead. Understood. A couple of quick notes before I go into a couple of minutes of a presentation for some materials I think will be helpful. One is you have all received an email from Jason Seibel from the Utility Rate Advisory Committee. Based on the Council's direction to that committee to work on some ideas regarding what the overall policy direction might be for the town before a utility rate consultant was engaged, you all received a survey from that committee to solicit information from you that can then be put together and brought back for further discussion. Just be aware that is there. There is some question as to whether all the appropriate FOIA regulations have been met. The short answer to that is yes. So, the current survey that you have in your current email is okay to follow -up on and part of what you all had directed as part of your motion on URAC a few meetings ago. 291 Page COUNCIL MEETING July 26, 2011 Council Member Wright has mentioned to me and Council Member Hammler mentioned this evening, publically, the new parking signs as part of the some of the efforts. I know that Council has a list of issues we have tried to look at in terms of improving parking both around town and at the garage. The new signs are progressing up as you begin to see them. Some of them are more noticeable than others. There have been a few up for quite a while that I know that folks haven't seen, but some of the others are much more noticeable. Second one, the other thing is we had a number of complaints about the noise from the fans in the garage. If you happen to walk by there, you will not hear them quite as loud as you did before. Staff worked on the fans themselves, new motor, different size blades, change in the rpms, still meeting all the regulations for the removal of carbon monoxide, but a significant difference in terms of noise, so as we are looking at potential uses of the alleyway, you will actually be able to walk next to somebody and talk to somebody and they will be able to hear you as compared to the fairly loud fans that we had out there before. Next, up in the garage, you should see some additional lighting come in. We are putting in the brighter lights and the safety lights, will be coming up later this fall. So, as funds permit and as we are able to work through those matters, you will continue to see some progress along the way dealing with parking both on and off the streets. One of the things that I wanted to share with you... we didn't go over it last night. I will make it very brief. Under tab 15 in your binders. You don't need to pull it out tonight, but you are welcome to. You can also review it later on is going to be the document that I will be updating for Council on a regular basis that identifies your work program for FY 12. It was the format you had seen a couple of weeks ago. We have now started to fill in some status as work is underway into July and now into August. Where projects have been completed, we will be noting that. If there are any changes in the status, or as we are moving along with those, those are noted on... again on that report on Tab 15 and we will be adding to the July /September list of significant projects the effort on the 9/11 ride since that will probably be our big project for August in many ways. CIP, as Council Member Wright mentioned and I appreciated him not giving all the secrets away. We did have some significant projects moving forward in our CIP this year and we know, I think it has been about seven years ago since I first worked here and we had about... I think the number was 88 projects in our CIP at that point. We are now down into the 30s and we are making some very significant headway on those. I have a chart. If I can get the microphone... a little differently last night, but I think timing wise, it was better to save it for this evening. We will be providing to the Council updates on our capital program on a regular basis and I know one of the important notes that Council has made is if anything falls off the track to be sure to let you know that right away so if project costs are going up because of some particular change, don't wait until the end or wait until the budget to bring that up. So, I don't have any of those to bring up for you this evening. What I do have for you is our short list of projects. This map is usually sitting inside my office. Hammler: Madam Mayor? I'm sorry to interrupt, John. I would assume that if anyone is watching or is planning to watch, if you could turn that around, we have already seen it. I thought the cameras where over there that they are using. Kevin knows all. 30 1 Pays: COUNCIL MEETING July 26, 2011 Wells: On the capital sheet, we have all the projects listed. There are six projects we will finish this year. We are going to be working on most all of them in one way, shape or form, but we will be working on six that will actually finish and not appear in next year's capital budget when we propose the CIP. A couple of them are coming up fairly shortly. The Battlefield Parkway extension, Sycolin Road widening, the three drainage projects, Dry Mil Wage and Anne, the Turner Harwood Project, the Woodberry Road Drainage project and the Nav -Aids project out at the airport. Two of those construction awards were made this evening. That will put then all six of them into some phase of construction effectively tomorrow morning. Progress is being made on all of those. We are doing fairly well on Battlefield Parkway, Lowenbach is also moving along. We will keep you posted on these on a very regular basis and keep you up to date. There will be a lot of opportunities for ribbon cuttings this fiscal year. Reid: I just wanted to remind you that if the interchange... if the intersection at Battlefield and Edwards Ferry is not opened on the 26 of August, you are going to notify the community in advance? Wells: Certainly will and we are tracking fairly closely what the time line is on that. I know with the Council being on break, probably expect to see a number of emails from me on a regular basis kind of letting you know what's going on in town so you don't have to wait until next month to find out "oh, what happened while I was gone So, if I appear to be annoying. I am not looking for responses to anything. More so just to let you know what is going on so... Reid: No, it's a good thing because some residents, they are skeptical. They don't know how construction works and they think that it is going to take longer. Wells: Right now, we are at or ahead of schedule right now. So, I don't want to get ahead of myself. Anything can happen on a daily basis, weather being a big factor. We will keep you posted as we go along the way. This is something we will be tracking very closely. Again, expect to see those six projects finished this fiscal year. The other thing that I wanted to highlight for you. This is one that is a little complicated to look at and I'll leave it around the Council Chambers for the Council and the public to see. It is a two part... it's kind of like our class project. I wanted to provide the Council an opportunity to really get a look at... more so it's more the concept as opposed to what you are actually going to be able to read. What we did is to try to give the Council and the public the opportunity to get a good perspective of what the town government does. A lot of times if folks are just simply watching what is going on TV, what happens in the town is what happens at the dais... or maybe if they only go to Ida Lee, their perspective is limited by just based on what they do. A lot of times, I know Council members I'm asked what am I getting for my tax dollars? What does the town do? A lot of times, I know when the Mayor and I will talk to Scout troops when they come in, we will talk about what... did you see a traffic light this morning? Did you see a policeman? Did you have a drink of water? All of those things are town services. So what we did was for a time period of between 9 and 11 o'clock on Monday, July 18, I had every member of the organization through their supervisor identify what they were doing so that throughout the town government, this was what the entire organization was doing town 311 Page COUNCIL MEETING July 26, 2011 wide. Ida Lee, water treatment plant, water pollution control, Balch Library, virtually every operation in the town is represented by this map and where they are at. Our staff at the airport that morning happened to be mowing and fixing a light on the runway. Detectives were doing a number of different things, but they are all listed on here and as you get a chance to look at these, I think it gives you a broader perspective of what we do and what the organization does at all levels. There is a whole lot more people that work for the town than who you see here. A lot of them do work but never get thanked or never get identified. This was a way to really kind of bring that out and we will want to highlight this and use this in a number of different settings. To highlight again, this was a snapshot of what the entire organization was doing. I couldn't fit... Town Hall is kind of a concentrated group. This is the entire effort at Town Hall in terms of working with meetings on bonding and project review, a management team meeting in the Planning Department, reviewing our fee documents. Jeanette was reviewing the town code, so we know what she was doing. I was meeting with the Administrative Associates that morning. So, basically, if you want to know what we were doing at that point, it shows you the full width and breadth of what the organization does at any point in time and it's changing all the time. When you look at Ida Lee, the tennis lessons, the different camps that go on. I had an opportunity to work the front counter at Ida Lee a few weeks ago. I only do that a couple of hours. I was there from 8:30 until 10. Martinez: I heard they had to crack the whip to get him to stop socializing. Wells: They had to crack the whip. They had to teach me how to answer the phone properly, but... Reid: That's what Herb Kelliher used to do with Southwest Airlines. He was the chairman of Southwest and just out of the blue just work the counter. He would work baggage. He instilled this culture. Wells: You learn a lot by doing that. There are some things I am not allowed to do anymore. I have been showing up in all departments. I am not allowed to mow grass anymore since I got the mower stuck in the ditch at Ida Lee. So, public works.... Hammler: John, we want to follow you on Twitter, so you could set up an official account. Wells: The John Cam. I think there is some really good information. I know Council gets asked a lot of times, at the grocery store, hey, what am I getting for my tax dollar? What am I doing? Take the opportunity to look at this. I haven't duplicated this. It isn't electronic. It almost crashed Chip Umbaugh's computer just because of the amount of memory with all the pictures and everything. Take an opportunity to look at it. I'll leave it up in the Council Chambers and you can really see the depth of what is going on in the organization and how much public contact goes on... not just from the folks at the front counter, but the front counters all around the organization. Again, you can learn a lot from doing that. It's a good experience. I can really say I haven't been everywhere yet. Some people are afraid if I come by for fear of what I might break when I get there. This is a really good organization. 32 1 rag COUNCIL MEETING July 26, 2011 Reid: How about Ida Lee? Wells: I don't swim because I can't float. If I am coming to save you, it's not a good thing. Reid: I'd love to see that when I go swimming. See John Wells as a life guard. Wells: It's some really good information. I'm really proud of the work the staff does. More importantly, it's not just for a pat on the back. It's just a good opportunity to see what all happens. It's not just in Leesburg. We have people out of town... whether it was a... I think Susan Berry Hill was at a training session. The Police Department was doing some things down at the Criminal Justice Academy that day. So, while you might be wondering, "Gee, what all is happening it is a fairly expansive list. Again, I will be happy to answer any questions later as you look at that. I don't want to stand between me and vacation for all of us. I will be disappearing at midnight tonight and I will be out until next Tuesday. 18. ADJOURNMENT On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the meeting was adjourned at 9:52 p.m. 2011 tcmin0726 Kristen C. Umstattd, Mayor Town of Leesburg 33 I Page