HomeMy Public PortalAbout2011_tcmin0830COUNCIL MEETING
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: David Butler, Katie Sheldon Hammler, Kenneth "Ken"
Reid, Kevin D. Wright, and Mayor Umstattd.
Council Members Absent: Thomas Dunn, Fernando "Marty" Martinez.
August 30, 2011
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Director of
Parks and Recreation Rich Williams, Director of Plan Review Bill Ackman, Director of
Planning and Zoning Susan Berry Hill, Deputy Director of Public Works Charlie
Mumaw, Capital Projects Manager for Design and Engineering Tom Brandon, Deputy
Director of Capital Projects Renee LaFollette, Parks and Public Space Planner Bill
Ference, Environmental Planner Irish Grandfield, Land Acquisition Manager Keith
Wilson, Deputy Director of Planning and Zoning Brian Boucher, Research and
Communications Manager Betsy Fields, IT Project Manager John Callahan, and Clerk
of Council Lee Ann Green
AGENDA
1. CALL TO ORDER
2. INVOCATION: Vice Mayor Wright
3. SALUTE TO THE FLAG: Council Member Butler
4. ROLL CALL: Showing Council Members Dunn and Martinez absent.
ITEMS
5. MINUTES
a. Work Session Minutes of July 11, 2011
On a motion by Council Member Butler, seconded by Mayor Umstattd,
the minutes of the July 11 work session were approved 4 -0 -2 -1 (Dunn /Martinez
absent, Hammler abstaining).
b. Regular Session Minutes of July 12, 2011
On a motion by Council Member Hammler, seconded by Council
Member Butler, the minutes of the July 12 regular session were approved
approved 4 -0 -2 -1 (Dunn /Martinez absent, Hammler abstaining).
c. Work Session Minutes of July 25, 2011
On a motion by Council Member Butler, seconded by Council Member
Hammler, the minutes of the July 25 work session were approved 5 -0 -2
(Dunn /Martinez absent).
d. Regular Session Minutes of July 26, 2011
On a motion by council Member Hammler, seconded by Council Member
Butler, the minutes of the July 26 regular session were approved 5 -0 -2
(Dunn /Martinez absent).
11 Page
COUNCIL MEETING August 30, 2011
6. ADOPTING THE MEETING AGENDA
On a motion by Vice Mayor Wright, seconded by Council Member Reid, the
meeting agenda was approved after moving Item 13C directly after the Petitioners
Section by the following vote:
Aye: Butler, Hammler, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 5 -0 -2 (Dunn /Martinez absent)
7. PRESENTATIONS
a. None.
8. PETITIONERS
The petitioner's section was opened at 7:34 p.m.
Stephanie LaLumiere, 604 Country Club Drive, stated she is against the service
road from Country Club Drive for Linden Hill Way. She displayed some pictures
showing the location. She stated the location so close to Country Club Drive and Route
15 is impractical and dangerous. She stated the Linden Hill residents will have to cross
lanes of traffic in the morning to get to the left hand turn lane. She stated they will have
to cross traffic to get back on the road to get back into Linden Hill. She stated the
Country Club residents have some ideas of how to spend these taxpayer dollars. She
noted the sidewalks in Country Club are cracked and of different colors. She stated
there are missing sidewalks and very few streetlights. She stated there has to be another
way to help the residents of Linden Hill Way without inconveniencing everyone in
Country Club. She asked Council to consider not buying this house and finding a new
way of doing this. She stated she does not want them not to be able to make a left hand
turn, but this is a potential hazard.
Marla De Criscio, 2 Country Club Drive, stated she will be living right across
from the road that the Council is proposing to build if they are able to purchase the
house. She questioned whether this is the way to spend tax dollars. She questioned
what benefit she will reap from this except for a lower property value on her home. She
stated other communities across the United States have to make a u -turn out of their
neighborhoods. She stated Council needs to reconsider wasting tax dollars.
Dennis Negran, 16 Country Club Drive, stated Country Club has become busier
and busier as neighborhoods are connected to Country Club. He stated this side road
will cause a traffic jam. He stated the increased traffic on Country Club has also caused
an increase in speeding. He stated for 35 homes, this does not seem to be a good
expenditure of taxpayer money.
Timothy Schott, 703 Country Club Drive, stated he has walked the neighborhood
and talked to many long time residents. He stated some are older folks not comfortable
standing up to a microphone. He stated the proposal to fund, design and build a one
way road from Linden Hill to Country Club Drive is unacceptable to Leesburg Country
Club. He stated the proposed response to the inconvenience to Linden Hill residents
should not be to alter the long standing nature and character of the main gateway to
2 1 Pa ge
COUNCIL MEETING
Leesburg Country Club. He stated this proposal will cause additional traffic back ups
and questioned whether an inability to sell the nonconforming lot will have a negative
affect on the property values of the neighboring homes. He stated these are lean fiscal
times and asked that Council not spend $1 million in tax dollars on this unconventional
plan.
Thomas LaLumiere, 604 Country Club Drive, stated he would like to speak on
behalf of the children who reside in Country Club. He stated there are safety issues from
the lack of sidewalks, limited lighting and speeding. He asked that the safety of the
children of Country Club be taken into consideration.
John Fisher, 708 Country Club Drive, questioned whether someone is advocating
these changes that is not apparent. He asked Council to ask themselves why they are
doing this. He stated this is a quality of life issue and will have an extremely adverse
affect on them. He questioned what other possible alternatives are out there.
Neil Zimmerman, stated he is a retired special forces officer and works with the
U.S. Government. He stated the Special Operations Warrior Foundation puts the
children of the fallen soldiers through school. He asked that the fees for this event be
waived. He stated he will pay the insurance. He stated he has bikers coming in from
California, Canada and Florida and would like to have some EMS support as well.
Further, he stated that speeding is a problem in his neighborhood in Lansdowne as well.
Mayor Umstattd noted that all members of Council are invited to participate in
the motorcycle ride on Saturday, September 17.
The petitioner's section was closed at 7:56 p.m.
August 30, 2011
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Vice Mayor Kevin Wright, seconded by Council Member Dave
Butler, the following items were moved for approval as part of the Consent Agenda:
a. Dry Mill, Wage and Anne Storm Drainage Project Construction Change
Order
RESOLUTION 2011 -097
Approving Change Orders No. 5, 6, 7, and 8 for the Dry Mill, Wage and
Anne Storm Drainage Project, Authorizing the Town Manager to Execute
Them, and Increasing the Project Budget
b. Lower Sycolin Sewage Conveyance System Easement Acquisition
Authorization
RESOLUTION 2011 -098
Declaring that a Public Necessity and Use Exists and Authorizing an
Offer to Acquire Permanent and Temporary Easements for the Lower
Sycolin Creek Sewage Conveyance System Project
3 1 Page
COUNCIL MEETING August 30, 2011
c. Church Street Improvements Easement Acquisition Authorization
d. Initiation of the 2011 Zoning Ordinance Batch Amendments
e. Edwards Ferry Road at Route 15 Bypass Right Turn Lane Improvements
Proiect
f. Old Waterford Road Sidewalk Project Easement Acquisition
Authorization
g.
RESOLUTION 2011 -099
Declaring that a Public Necessity and Use Exists and Authorizing an
Offer to Acquire Right of Way Dedications and Easements for the Church
Street Improvements Phase I Project
RESOLUTION 2011 -100
Initiating Amendments to Various Articles and Sections of the Leesburg
Zoning Ordinance as Part of the 2011 Annual "Batch" Amendments
Addressing Minor Changes to Implement Town Plan Goals and
Objectives, to Make Corrections and Clarifications, Changes Necessary to
Comply with Annual State Code Legislative Changes and to Address
Minor Town Council Directives
RESOLUTION 2011 -101
Declaring that a Public Necessity and Use Exists and Authorizing an
Offer to Acquire Right of Way Dedications and Easements for Edwards
Ferry Road at Route 15 Bypass Right Turn Lane Improvements Project
RESOLUTION 2011 -102
Declaring that a Public Necessity and Use Exists and Authorizing an
Offer to Acquire Right of Way Dedications and Easements for the Old
Waterford Road Sidewalk Project
Supporting the Tour Des Trees Event
RESOLUTION 2011 -103
Town Council Recognizes and Supports the Tour Des Trees Event on
October 7, 2011 and Authorizes Staff to Work with the Tour Sponsors to
Conduct the Program and to Incur Expenses Up to $200.00 in Support of
the Event
h. Accepting the Public Improvements, Releasing the Performance
Guarantee and Approving a Maintenance Guarantee for Rivercreek Phase IX,
Section 1, Landbay "K"
RESOLUTION 2011 -104
4 1 Page
COUNCIL MEETING August 30, 2011
Accepting the Public Improvements, Releasing the Performance
Guarantee and Approving a Maintenance Guarantee for Rivercreek-
Phase IX, Section 1, Landbay "K"
i. Authorizing an Agreement and Approving a Performance Guarantee and
Water and Sewer Extension Permits for PMW Farms, Sections 3 and 5
RESOLUTION 2011 -105
Authorizing an Agreement and Approving a Performance Guarantee and
Water and Sewer Extension Permits for PMW Farms, Sections 3 and 5
The Consent Agenda was approved by the following vote:
Aye: Butler, Hammler, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 5 -0 -2 (Dunn /Martinez absent)
10. PUBLIC HEARINGS
a. Approval of Special Exception TLSE 2010 -0009 Leesburg Toyota to
Permit Expansion of an Existing Vehicle Sales and Service Operation
The public hearing was opened at 8:05 p.m.
Irish Grandfield: I'm here to talk about special exception 2010 -0009. It's
for Leesburg Toyota. They have an existing vehicle sales and service operation,
which I'm sure you have seen on Cardinal Park Drive at E. Market St. The
special exception request is for expansion of that business. The existing dealership
has been here since the mid- 1980s. At that time, it was a by right use in the B -3
zoning district. The zoning ordinance has changed since the 1980s and now it
requires a special exception in order to expand the use. So the special exception is
for the expansion of an existing business to have vehicle sales and service.
Included with this request, the applicant is asking for modifications to
landscaping and buffering requirements. The site... consists right now as far as to
the eye, if you drive down you see on lots 1, 3 and 5 on the west side of Cardinal
Park Drive, you see the dealership there. So, you have the sales office, which
was built in 1989 at 1 Cardinal Park Drive, that's lot 13. You have a service
facility that was built in 1985. At one time those were two different dealerships,
but they are combining now that Honda has moved on. In 1999, Town Council
approved a special exception to allow open sales on lot 11. Those three parcels
are part of the existing business. Lot 4 at 8 Cardinal Park Drive, the applicant
has owned for some time, but has not used and it is currently in a vacant state.
Aerial view of the site you can see the existing operations on the west side of
Cardinal Park Drive and then down at the intersection with Trailview Boulevard,
you see the proposed expansion area. Zoning and surrounding uses. Around
Cardinal Park Drive, all the lots that front Cardinal Park Drive are B -3. Beyond
that, in each direction except for across East Market Street, the area is zoned for
I -1. So, there are still some undeveloped parcels in this neighborhood, this
Cardinal park subdivision, but a lot of it has been developed with uses consistent
with I -1 or B -3 uses. Across the street, across East Market Street, there is a
5 1 Page
COUNCIL MEETING
August 30, 2011
vacant parcel that is currently zoned R -1. We will look at the Comprehensive
plan and see that is planned for a community office type development. Planned
land use. This site, the parcels are in an area designated for regional office, which
is a campus style office development. That designation was established in the
2005 Town Plan but it does not reflect the existing uses that are out there today
nor does it reflect the zoning, which I just showed you, was B -3 and I -1 zoning.
Town Plan Compliance. Staff has thoroughly reviewed the application and finds
that the proposal meets a number of the objectives in the town plan, but fails to
meet one land use objective. So, I am going to take you through and show you
the objectives that this application furthers, or is consistent with in the Town Plan
and talk about that one that they are not consistent with. So we will start with
the natural resource objectives. Objectives two and five talk about protecting and
restoring streams and protecting water quality. The existing condition. This site
developed before we had storm water management requirements. So the water is
running from the site directly into a storm sewer and then into our streams. So we
have no storm water management happening on the site now. Not only quantity
but also quality, what we refer to as best management practices or BMPs. So as
far as furthering the natural resource objectives an argument could be made that
this does improve and help restore water quality in town streams because if
redeveloped, we are going to have BMP treatment on this site. When it is
redeveloped, all the storm water running off the site will be treated before it
leaves the site. Natural resource objective number six says encourage energy
saving site design and building design. The existing condition is a 1980s sales
building. If redeveloped, the applicant has expressed an intent to develop a Leed
certified sales building, so there's an energy- saving design that would result in
approval of this application as well. Natural resource objective seven talks about
reducing glare. The existing condition, you can see out there. If redeveloped
Claire will be reduced because our regulations now require full cut off lighting.
As far as community design objectives, the first objective talks about improving
community design. The existing condition is a building that was built before we
had our H2 core door guidelines and is a design that is not of the same quality we
would expect today. If redeveloped, we will get an improved design and the
drawing on the bottom is a sample of what it may look like which the board of
architectural review will review and act on at the time of site plan. They did look
at the special exception and state that there is not an issue with this based on
scale are massing or location. They will look at the detailed design during the site
plan process. We have an economic development objective in the town plan to
promote business and employment growth. Leesburg Toyota is a major in
business employer in the town. From the transportation objectives, we have
objectives to provide sidewalks for safe walking environment. There will be a
sidewalk system provided. Right now, there is a sidewalk along Trailview
Boulevard on the south side of lot 4 and that sidewalk will connect if this is
approved. The applicant will build the sidewalk to connect along Trailview
Boulevard along the front of lot four on the Eastside and then on the west side
and front of their property there. Transportation objective number seven, seek
commitments for road improvements. They will be doing road frontage
improvements and they have provided right -of -way reservation for Trailview
61 Page
COUNCIL MEETING
August 30, 2011
Boulevard, I'm sorry Cardinal Park Drive should we build the town plan planned
overpass at that location and need to use that land. Now the land -use guidance is
the one part where this application is not consistent with the town plan.
Specifically, the objectives says new industrial auto dealership auto service, auto
service uses are not appropriate in their route 7/4 or an existing uses can be
expanded or updated if the land area is not increased. Obviously, the existing
operation is one thing and then this lot for that is on the other end is another. Per
the land -use guidance, this is not consistent with the land -use guidance. So, I
think we're doing what we're doing on this application as were doing a weighing
operation. Like all things the guidance of the town plan there are objectives that
you will meet and objectives that you will probably be conflicting with when you
do any project. So due to the unique circumstances here, staff is recommending
approval of the application and the planning commission has forwarded a
recommendation of approval. We note that this application is consistent to many
of the town plan objectives as noted. We also believe it is important to support
existing businesses, especially ones that were originally here by right and
operating since the mid -80s. We have taken a look at existing uses, they are I -1,
B -3 uses; they are compatible with this use. Doing the town plan review right
now that we have been doing over the last year with planning commission, we
have found that the market conditions are changing and this land -use category
that we have played and here, regional office, there hasn't been a demand for it.
We know that there are no buildings proposed for lot for so if there becomes a
market for regional office it will be easier to redevelop. We want to continue to be
consistent and continue to have this economic benefit to the town. Also during
the discussions for town plan review, the planning commission who will be
forwarding recommendations to you this fall have discussed this and believe that
it is time to take another look at whether this is the properly planned use for this
area.
There are four modifications that the applicant is requesting to facilitate
development of this site. One is by zoning ordinance definition is approvable by
the town land development official and we have granted conditional approval
subject to you all providing approval of the special exception and three require
Council approval tonight or at an upcoming meeting. So, we will take a look at
each one of those. The first one, Modification A is a screening and buffer yard
requirement on lot 4, that's the additional lot that they are adding adjacent to
Chesterbrook Academy. The required yard and screening is a 50 foot yard, is the
distance and the screening material is in the zoning ordinance, the S -2 category,
which describes the number and types of plants that go in that screening. In
order to use Lot 4, the applicant believes that they cannot provide that and
believes that they can achieve the same goal of what we are trying to accomplish
with our buffering and screening by providing a 15 foot S -2 buffer and they have
offered to supplement it with a solid, continuous fence so that provides a visual
barrier to Chesterbrook Academy. Modification B, screening and buffer yards is
on Lot 4 adjacent to the Guardian Self Storage, so this is at the back of that extra
lot, Lot 4. Here, 25 foot S -1 buffer is required and they are asking... they will
keep their 25 foot buffer and do the S -1 plantings except without a set of required
71 Page
COUNCIL MEETING
August 30, 2011
canopy trees. So, we would be going without a few trees on the back side, but
there is already quite a grade difference and we believe that the buffering and
screening will be sufficient without those. Modification C is on Lot 11 adjacent
to Southern Electric. Here, instead of a 25 foot S -2 buffer, they are proposing to
do a 20 foot S -1 buffer and they are going to add some additional evergreen
plantings to beef up that buffer between those uses. Modification D is the one
that is done by the land development official, staff, the Planning Director. It has
been conditionally approved. The requirement is for street trees, one for forty
linear feet of street frontage. They propose providing what looks to the casual
driver or user of that road... it's going to look like a continuous row of street
trees, but some of the trees technically under the zoning ordinance are counted as
perimeter parking lot landscaping trees, so it is really a nuance. It's whether you
call a rose a rose. There will be a consistent line of trees that look like street trees.
So, to show you in sum what this all looks like with the modifications, this slide
shows landscaping and it shows that there is a continuous row of trees along all
streets, that adjoining properties are appropriately screened and there is
significant improvement over the existing condition out there today.
For special exception approval, the zoning ordinance has two areas that
have specific use standards. One for vehicle sales and one for vehicle service.
Staff has evaluated those and the Planning Commission has concurred they meet
all of those specific use standards. There are also approval criteria that are for
any special exception and those criteria include no impact... adverse impact on
neighboring properties, compliance with zoning and town plan, does not present
a hindrance to development of nearby lands and traffic generation is not going to
create a problem. Those conditions have all been met. We are recommending
several conditions of approval with this special exception. Many of them are
standard type conditions of approval like the site plan must be in substantial
conformance with what they have shown us on the special exception. Some go
beyond that in terms of sidewalks. The sidewalk special exception condition, we
are getting a crossing and they are going to build some sidewalk for us in our
right of way that they normally would not have to do, but they have agreed to a
condition to do that. We have conditions for roadway reservation, lighting,
hours of operation and so on. So, the recommendation. Planning
Commission... they held a public hearing on this on August 4. There were no
speakers at the public hearing. They voted unanimously to recommend approval
of this special exception including the modification request and staff concurs.
Andrew Painter: My name is Andrew Painter with Walsh Colucci,
speaking tonight on behalf of the applicant, Leesburg Motors, LLC, or as it is
more affectionately known, Leesburg Toyota. For the record, Madam Mayor,
this public hearing has been duly advertised and notices have been sent out in
accordance with town ordinance requirements. Irish did such a good job
summarizing this application. I just wanted to take a quick minute to briefly
highlight a couple of aspects of the proposal. First of all, we do appreciate staff's
involvement in this Not only with Irish, he has been great to work with, but also
with Ryan with zoning and the folks at Plan Review. What you see before you
gIPtge
COUNCIL MEETING August 30, 2011
this evening is definitely in better shape than it was when we initially submitted it
last October. As many of you know, the existing or former Leesburg Honda
dealership moved to the Sterling area of Loudoun County late last year. I am a
Honda driver. Please do not hold that against me, especially for my client. But
Toyota is now looking to expand their existing business and remain within the
town's corporate limits. The proposal allows the dealership's continued
operations in two ways. First, it provides sufficient sales and service areas that
meet Toyota's franchise requirements that have become a bit of a burden for us to
meet on this site and two, it helps the company remain competitive with newer
dealerships elsewhere in Loudoun and in Fairfax Counties. As Irish mentioned,
part of this project sits within the H -2 corridor district. This applicant has gone
through multiple iterations of the design to bring sort of the design down to
human scale and we are comfortable... at least BAR staff has expressed the level
of comfort that this is a design for which they could recommend approval
without any type of commitment to that end. As far as the proposal itself, just to
talk about some of the environmental features. The environment has been a
major issue with this application, but it has really turned into something that we
think is a win -win for both the town and for the applicant. Staff is considering
even though this is a built out site, sort of a redevelopment. Staff is considering
this to be a BMP hot spot which means we have to treat it as though it were a
greenfields site. To that end, the applicant is going to be installing multiple BMP
features throughout the site and as Irish mentioned impervious surface run off
treatment is big. We are going to be treating at least three acres from the adjacent
Jerry's Ford Dealership, which is shown at the top of your screen as well as least
one half of an acre from Cardinal Park Drive on our eastern side. These are
above and beyond town ordinance requirements. Additionally, at staff's request,
we are going to be providing at least one half of an acre of porous, pervious
concrete around the site. Most of it is going to be located on lot 4 with some of it
being located in front of the showroom itself. Even though we cannot commit to
it this evening, it is our firm intent to build this building or at least the showroom
building to a Leed certification level. I'm not sure which Leed certification level
that is going to be, and frankly I am not sure we can get through the voluminous
paperwork that it takes to have certification, but that is our intent to at least build
it to that standard. Landscaping has also been an issue with this application. As
Irish mentioned, we are seeking a couple of modifications. We have dealt with
severe easement and parking issues that have really had an impact on our
landscaping and our ability to provide it. Thank you very much, Council man
Reid for your suggestions as well. We are pleased, however, to report that what
you see before you this evening will provide a more uniform row of trees along
Route 7, Cardinal Park and Trailview Boulevard and we are also beefing up the
landscaping on the interior of the site as well. As far as traffic, traffic is always an
issue with any application and much to my surprise, I was surprised to learn that
even with the expansion and the use of Lot 4, traffic emanating from the site will
remain a small percentage of the overall trips on Cardinal Park Drive and the
level of service will not change. Nevertheless, we are seeking to offset whatever
impact we may have and we are doing a couple of things that Irish mentioned.
For pedestrians, we are going to be providing a sidewalk all along Cardinal Park
9 1 Page
COUNCIL MEETING August 30, 2011
Drive and that will tie into connections along Trailview Boulevard and one of the
biggest things, we are going to be closing the entrance closest to Route 7. So, we
will be losing an entrance. We are also committing to a reservation, if it is ever
built, for the eventual Cardinal Park overpass over Route 7. Perhaps, the biggest
thing that we are going to be doing or that I am pleased to report that we have
been able to do, anyone that has observed semi -truck vehicle deliveries on this
site, knows that when trucks back into the site or pull out of the site, traffic can
queue along Cardinal Park Drive. It's a problem. Through this redevelopment,
we have designed the building and the parking lot layout and we have modeled it
successfully such that semi vehicle trucks delivering vehicles to the site can do a
full turn movement on the interior of the site so there will hopefully be no more
backing out on Cardinal Park Drive or backing into the site either.
Irish did mention that there is one outstanding issue. We have spent a
significant amount of time and worked with staff to resolve all of the technical
issues and they have been voluminous. But there is this one outstanding issue for
the town council's dissection and that does relate to the use of lot 4. It is
presently vacant. We anticipate that it will be used purely for outdoor vehicle
sales, but when I say that, I really should be a little more clear. Customers that
interface with employees will first go to the showroom. That is what we are
anticipating. That is where there will be customer parking. On that side of the
street, that is where a vast majority of the available inventory with the make and
models will be for customers to view. Only if there is, after visiting the showroom
and seeing what is over on that side of the street... only if there is a color or a
model that is not offered next to the service building or the sales building, will an
employee go to lot 4 and bring the vehicle to the customer at the showroom. It is
our intent that there will be no customer parking on lot 4 and that a very small
percentage of customers, if any will ever venture onto lot 4 to view vehicles. Use
of lot 4, though, does conflict with the town policies. We cannot get around that,
but the applicant did purchase lot 4 prior to the adoption of the 2005 Plan with
the intent of expanding it's use on this parcel. The surrounding uses, as Irish
mentioned, are compatible. We also anticipate that lot 4 could be more easily
converted to a higher intensity use once market conditions dictate and certainly
it's use as a parking lot in the interim can aid in that transformation with the
landscaping, the lighting, the curb and gutter and the paving that is going to be
taking place on this otherwise vacant site. But the bottom line is that Leesburg
Toyota wants to stay and expand and thrive in the town. After a diligent search
on our end as well as with staff, we were at a loss to find a single property within
the corporate limits on which a new vehicle dealership could locate. So, we
really are trying to make the best of our situation and stay within the town. So,
in conclusion I would just say that this proposal seeks to modernize two older
dealerships and it does so in two ways. The first being it brings them up to date
with environmental regulations in a way that exceeds town ordinance
requirements and two it hopes to improve the physical characteristics of the site
by bringing on line new buildings that meet H -2 corridor district guidelines and
provide more uniform rows of landscaping. The applicant is serious about
making a significant investment in the town. It believes that this application is a
10 1 Page
COUNCIL MEETING August 30, 2011
win -win for the town and for the applicant. We are in agreement with all of the
proposed conditions of approval. We have resolved all the outstanding technical
issues and I respectfully ask for your vote of approval this evening, should you
deem it fit to do so.
Reid: Can you point out where you are going to put the impervious
concrete? It's impervious concrete, right? Can you point out where you are
going to do that? Is it going to be on the new lot as well as the expanded lot?
Painter: I believe there is going to be a section that is going to be located
here and then in front of the dealership as well. As I mentioned, when I was
describing the Leed certification, with the environmental improvements that we
are seeking to do... the dealership at least... is really intent on showing this off as
a show piece for the dealership or for the franchise.
Reid: So you are not going to put it where the cars are going to be parked?
Painter: Cars will be parked... I should have been a little bit clearer.
Reid: So not the whole lot?
Painter: Not the whole lot.
Reid: Irish, why is that? Why not the whole lot?
Grandfield: I'm not sure why they chose to do that. Typically, some of
the porous pavements are better used in the areas that aren't travel ways, so it is
often times used along more of the parking areas than the travel ways themselves.
Reid: Oh, yeah. Definitely not the travel ways because of plows. We
definitely don't want to put it on the travel ways. But it just looks like those are
all cars over there.
Adman: Probably the clearest answer is pervious pavement is very, very
expensive. The reason why they are using it at all is because I have determined
this is a hot spot with the use, which increases the need for additional BMP...
additional water quality. Because of how big the site is and how much area is
going to be impervious now, that creates even a higher range of filters required to
clean the water. One of the ways that the state looks at BMPs, is if you can add
some perviousness to the paved aisles, that would allow you to reduce your BMP
requirements. What that does... by using a certain amount of pervious concrete,
it brings down the BMPs to the technology that exists today. If the applicant
could, they wouldn't do any but because there is only a certain amount of
technology out there today through filters and other types of things, they had to
do something to offset that to be able to meet the hot spot criteria.
111 Page
COUNCIL MEETING August 30, 2011
Reid: And this would be the first pervious concrete parking lot in the
town of Leesburg.
Ackman: Second.
Reid: Second? Where is the other?
Ackman: It's the Kid's Domain out on 15 South by Greenway Farms.
That was the first. So, what we will do... you are exactly right... it will be in the
parked car area. It won't be in the travel ways.
Reid: But you see, you can now advertise that you are the first car
dealership in the town of Leesburg to have a pervious parking lot. Believe me,
you will get a lot of people coming there to look at your cars because of that. I
walked out... I saw a lot today at the board of education meeting and it is really
remarkable. It is really good stuff. I did have a question about the tree canopy. I
was talking to the applicant about this. I might as well just say for the record that
I was a little concerned that tree canopy is being required on this lot when it is
not even in a residential area. I guess there might be some environmental issues.
I can certainly see the buffering for the day care center and along Cardinal Park
Drive and Route 7, but is it true, Irish, that our tree canopy ordinance does not
give the applicant any kind of alternative in terms of shrubbery versus trees or in
lieu of trees putting funds into our tree fund so then the town can plant trees
where it feels are needed the most.
Grandfield: That is true. Unlike... there are some sections of the zoning
ordinance that can be modified. They have asked for modifications on some of
those, as I have explained tonight, but the tree canopy coverage cannot be
modified unless we move that standard. The only way to get a modification from
that is to prove that there is nowhere to put the tree and they have already shown
that they can put the trees to meet the 10% canopy requirement here so we could
not grant a modification.
Reid: And it's also because of the state law... the statute says trees?
Grandfield: It's our zoning ordinance that...
Reid: So we could in theory... we do have authority at some point to
have in lieu of trees, shrubs in certain places, or the applicant proffering to put
funds in our tree bank.
Irby: That's not quite correct. The town adopted a whole tree ordinance
package and part of that was maintaining the 10% canopy. You can't modify
that and still take some of the benefits that the tree ordinance gives the town.
Reid: Okay, because you see that was what I found was a little...
Jeanette, I think you can see... if you can see this from a policy standpoint, what
12 1 Page
COUNCIL MEETING August 30, 2011
my concern is, is that you are putting trees on this lot on Trailview Boulevard.
Unless there is an environmental stormwater mitigation or some kind of
requirement there, I just don't know what value the trees provide there. I am
sorry the applicant has to actually pay for that because I think you would be
better off if you were just to put shrubs or to pay money into a tree fund where we
could put trees elsewhere. But, what you are saying, Jeanette, is we don't have
any wiggle room under the current ordinance. Or is it also the statute that we
don't get any wiggle room under?
Irby: Under the enabling legislation, it allows some variances, but I don't
know that it allows it in this particular case.
Reid: I see, okay.
Wright: I have questions for both sides. First, I wanted to complement
you on working towards the Leed standards and having done construction
management, totally get work towards the Leed standards first and then if you
are motivated, have budget left, whatever, fill out all the paperwork to get the
certificate second. So, I endorse that strategy as well. I think that was the main
note that I have for you. I guess on the tree issue, I did see a bumper sticker on a
car in the parking lot when I was coming in that said "Trees are the answer So,
I don't know if I have a lot of tree questions. Irish, for you, the resolution that we
have before us. Does passing that resolution also adopt the buffer approvals or
do you need a separate action?
Grandfield: That would also adopt the modifications.
Wright: Okay. Then Condition 8 for the hours. Is that required? I
always get nervous when we have hours where there is a day missing so like, I
think Sunday is missing because they are traditionally not open but if there is a
sales event or something then all of a sudden... do we have to have that condition
in there? I just would hate to have a special exception hearing so they could have
a Sunday sales event.
Grandfield: The dealership is open seven days. It's only the service
facility that would be open six days. That's the difference.
Wright: Are you guys worried about that at all? Are you good with it?
Painter: No, we are fine with that. We ran that by the applicant.
Wright: If you don't care, then I won't worry about it. We talked about
the surface and the expansion area. Irish, I did want to compliment you and the
team on your Town Plan analysis. I thought it was fair and balanced and the
tone of it was fair because you did have to do that weighing of you have done
these things well. There was this direction that was given by the Town Plan that
is not in that... but I wanted to compliment you guys on how you did your
13 I j)ag
COUNCIL MEETING August 30, 2011
analysis and I thought it was very fair. And then the buffering... we always seem
to run into this where we have got certain buffer requirements and the density of
those buffer requirements between similar uses. Is that something we are going
to be looking at in the batch amendments. We seem to get in neighborhoods like
this... I mean I get the buffering against a child care use, but you almost have two
car dealerships at times having to build a fence between one another based on our
requirements. Is that something we are going to try and fix?
Grandfield: It's a concept that we are moving away from. With form
based code area, it moves away from that concept. As to whether something in
the batch amendments, I'll ask Brian...
Wright: I was glad you asked Brian, because if he didn't get to get up I
thought he was just going to explode.
Boucher: I would say that we have something dealing with landscaping,
but it wasn't tackling the overall kind of suburban style buffer matrix that we
have, but that is something that is coming.
Hammler: Madam Mayor, I will be abstaining.
Butler: Just want to say, I echo the Vice Mayor's comments about the
Leed certification, of course. The Leed building... whether you are certified or
not, I think that's an extra bonus, but I do applaud you for moving in that
direction. I think it makes sense from a lot of standpoints. I am also glad that we
have trees. As the liaison to the Tree Commission, the more trees that we have
and the larger our tree canopy, the better off we are and moves towards one of
our goals. Anyway, I appreciate it.
Mayor: No questions. I appreciate your commitment to the various
enhanced environmental features of this project. So, thank you very much. We
have two folks who have signed up to speak as part of this public hearing.
Peter Hart, PO Box 1912, stated he does not see any proposal for off street
parking for employees. He stated that historically they have made employees
park along Cardinal Park Drive and Trailview. He stated there are no side walks
in front of Southern Electric and there are no crosswalks. He stated the traffic on
that road is very dangerous and employees have been forced to park far away and
walk through inclement weather across a muddy path on private property. He
asked that off street parking be looked at for the employees.
Frederick Cox, 10 Cornwall Street, stated there are probably 50 employee
vehicles that have to park. He stated this is a beautiful plan and it is long
overdue, but those 50 employees have a long walk in dangerous conditions. He
stated the women in the office have to walk after dark in the winter on unlighted
roads. He stated he is concerned about street lighting. He asked that the area be
14 1 Page
COUNCIL MEETING August 30, 2011
well lit. He stated it is kind of creepy at night. He stated the expanded facility
will employ more people.
Wright: Can we get a follow -up response on employee parking? How this
application may impact that... if there is adequate parking on site from both staff
and the applicant?
Grandfield: Absolutely. The site was developed in the 80s, when there
was a different standard for parking. As it is redeveloped, they will have to meet
today's standards for parking. There is sufficient employee parking and customer
parking on site so that they should not be parking on the side of the street or
around the block. So, during the site plan process... they have shown on the
special exception plat how they can provide all the parking that is required.
During the site plan process, our plans review department will make sure that
they provide all the necessary parking.
Painter: Yes. I would echo that. The point of the application really is to
deliver a much improved situation there. From an environmental perspective,
from a parking perspective. We are overloaded on our current site as it is now.
Hopefully with the use of Lot 4, we will get a lot more wiggle room.
Reid: I guess the gentlemen are with Southern Electric and that is why
you are concerned? You work back there and that is why they are concerned
about safety in terms of sidewalks or... sorry about that. Is there a sidewalk being
built?
Grandfield: There is a sidewalk being built along Cardinal Park drive in
front of the Toyota and then it will cross over to get to lot 4. They will have to...
they have agreed to a special exception condition to build a portion of sidewalk
that is not on their property, but is in our right of way in front of Chesterbrook.
Then they will build the sidewalk along Trailview. So, there will be a sidewalk,
continuous pedestrian movement along Trailview from the back of Lot 4 around
the corner onto Cardinal Park then across the street along the entire frontage of
the other side of the street.
Reid: Would a painted crosswalk help going from one side of Cardinal
Park to the other?
Grandfield: Our transportation department has not endorsed a painted
crosswalk in a mid -block type situation.
Reid: Not midblock. I am talking about the corner of Trailview and
Cardinal park. I don't believe there is a crosswalk there. Put that up on the
screen. Would a painted crosswalk help? There is also Grand Master Choi's
facility on the corner. I don't know. There could be some increase in pedestrian
traffic there that I am not aware of. I am wondering whether a painted crosswalk
would be helpful right at Trailview and Cardinal Park.
15I Page
COUNCIL MEETING August 30, 2011
Grandfield: I think the way that we have done this, is that we do not own
sufficient right of way along Cardinal Park Drive in front of Southern Electric in
order to build a sidewalk all the way to Trailview Boulevard. If you did that, it
would make sense to have a crosswalk there. As it is, if you put a crosswalk
there, there is not a sidewalk...
Reid: There is no sidewalk there.. Okay.
Grandfield: We could not require the applicant to condemn... they would
have to us to do it on their behalf... condemn land. The solution that we found
that works best was to use where we have enough right of way on the other side
in front of Chesterbrook and develop a pedestrian system that way.
Reid: But no mid -block crosswalk.
Grandfield: It's not going to be a painted crosswalk.
Reid: It won't be a painted crosswalk. Okay, thank you.
The public hearing was closed at 8:47 p.m.
On a motion by Vice Mayor Wright, seconded by Council Member
Butler, the following was proposed:
RESOLUTION 2011 -106
Approving Special Exception TLSE 2010 -0009 Leesburg Toyota on the
Property having PIN Numbers 189 -29 -3771, 189 -29 -2450, 189 -29 -1134,
189 -19 -2989 on Cardinal Park Drive
Wright: I appreciate the application, the recommendation from staff, the
recommendation from the Planning Commission. I am satisfied this meets the
conditions for the special exception. I also note that it was stated on the record
both by staff and the applicant's representatives that the off -site employee parking
issues will be resolved as part of this application.
Butler: No comments. I just appreciate the flexibility from staff and the
planning commission on this application.
The motion was approved by the following vote:
Aye: Butler, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 4 -0 -1 -2 (Hammier abstaining, Dunn /Martinez absent)
b. Authorization for Acquisition of Easements Required for the Woodberry
Road Drainage and Street Improvements
The public hearing was opened at 8:49 p.m.
16 J Wage
COUNCIL MEETING August 30, 2011
Keith Wilson: The Woodberry Road Drainage and Street Improvements
Project is a funded capital project for drainage and street improvements to
include curb and gutter and a brick sidewalk along the east side of Woodberry
Road between Edwards Ferry Road and North Street. Land rights are needed
from 16 properties along the project area for drainage and street improvements
project. Fourteen of the 16 property owners have agreed to the acquisition of the
necessary land rights and have signed the deed of dedication and easement or
deed of easement agreements. Capital projects is working with the mortgage
lenders on four of the 14 parcels where the land owners have agreed to the
acquisition. These four properties are subject to a mortgage lien whereby the
mortgage lender holds a prior surety interest in the property. The mortgage
lenders have been contacted requesting to release or consent to the acquisition of
the dedication of permanent easement areas needed for the project. The
mortgage holder will need to release or subordinate the mortgage lien for the
dedication area of permanent easement before completion of the acquisition. We
are requesting Council to authorize the use of condemnation for the properties
where the land rights cannot be acquired by negotiation or release of consent of
the mortgage lien holder cannot be obtained.
Wright: Okay, so I think what I heard you say is in general you have
talked to the land owners, you are good with the land owners. You are working
through with the mortgage holders and this action is proactive as part of our
process to work through your overall process.
Wilson: There are two outstanding... one of the landowners is currently
out of the country. We have not been able to get ahold of. The other landowner
rents the property and is coming in next week, so negotiations are still going to
continue on with the property.
Wright: Okay, so this is part of our normal process. Negotiations are
ongoing.
Wilson: Yes.
Hammler: Do you have any proactive updates on any other neighbor
comments? Things you have heard from the community on the street?
Wilson: There has been a mixed bag. All of the landowners that I have
talked to are for... are in agreement to the project... are either for just to
neighborhood continuity and peace. I have not heard any opposition to the
project, but again, I think that Capital Projects has done a good job talking to the
landowners who understand the project and are now anxious to get it under
construction.
There were no speakers wishing to address Council on this public hearing.
The public hearing was closed at 8:52 p.m.
17 1 f) a
COUNCIL MEETING August 30, 2011
On a motion by Vice Mayor Wright, seconded by Council Member Reid,
the following was proposed:
RESOLUTION 2011 -107
Declaring that a Public Necessity and Use Exists, Authorizing an Offer to
Acquire Right of Way Dedications and Easements from PIN 231-30 -6928-
000, PIN 231 -30- 7643 -000, PIN 231 -30- 9593 -000, PIN 231 -40- 9503 -000,
PIN 231 -40- 9813 -000, PIN 23- 140 6249 -000, PIN 231 -30- 7375 -000, and
PIN 231 -30- 7891 -000 For the Woodberry Road Drainage and Street
Improvements Project and Authorizing Condemnation if the Offer is not
Accepted
The motion was approved by the following vote:
Aye: Butler, Hammler, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 5 -0 -2 (Dunn /Martinez absent)
c. License Agreement Between the Town of Leesburg and PAETEC
Communications, Inc., A Telecommunications Provider
The public hearing was opened at 8:53 p.m.
Jeanette Irby: From time to time I bring before you some license
agreements that through the passage of time have expired. We have been
negotiating, actively negotiating the renewal of this agreement for the past six
months. Since the period of 2005 until 2010, clearly telecommunications has
changed which has required an update to the agreements. It's really... it's not
digging up any right of way. It's not adding anything additional. They are going
to continue to use the facilities that they have. The town will continue to collect
it's right of way fee pursuant to state code. This facility does service in -town
customers.
Mayor: Is this town initiated, or did PAETEC initiate this? Do we have a
representative?
Irby: We do not have a representative. We review these license
agreements and when they expire, we bring them before Council.
Reid: I did have a question. I noticed that Cavalier... is this actually
Cavalier or is it PAETEC?
Irby: It was Cavalier. It is now PAETEC.
Reid: Because Cavalier, I think, was in bankruptcy. So...
Irby: PAETEC purchased the assets of Cavalier and took over their
license responsibilities.
181 Fag
COUNCIL MEETING August 30, 2011
Reid: So, they would be okay with meeting their obligations and so forth?
Irby: Yes.
There were no speakers wishing to address Council on this public hearing.
The public hearing was closed at 8:55 p.m.
On a motion by Council Member Butler, seconded by Vice Mayor
Wright, the following was proposed:
11. ORDINANCES
a. None
RESOLUTION 2011 -108
Authorizing the Town Manager to Execute a Renewal License Agreement
Between the Town of Leesburg and PAETEC Communications, Inc. a
Telecommunications Provider
The motion was approved by the following vote:
Aye: Butler, Hammler, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 5 -0 -2 (Dunn /Martinez absent)
12. RESOLUTIONS AND MOTIONS
a. Wolf Furniture Sign
On a motion by Vice Mayor Wright, seconded by Council Member Reid,
the following was proposed:
RESOLUTION 2011 -109
Authorizing the Issuance of a Sign Permit Pursuant to Zoning Ordinance
Section 15.9.7 Unusual Site Constraints for Wolf Furniture Situated on
Fort Evans Road, NE on Property Identified by Loudoun County Land
Records as Parcel Identification Number 188 -18 -6716
Reid: This is a good example of Leesburg doing a good job for an
applicant, who as we know had some serious problems with the town back in
2006 and 2007. I am very pleased that our staff has brought this forward. There
are still some folks who have a misnomer about the town and our sign ordinance.
I must say, I actually brought to staff a couple of weeks ago about somebody who
said that they couldn't put a now hiring sign out, and staff was like, no one has
approached us. We would be more than happy to sit down with these folks and
that is what I like to hear. This is a perfect example of where the town is just so
proactive in helping this applicant do something that is a little bit outside the box.
So, I very much want to thank Wade Burkholder and other folks on the staff for
19 1 Page
COUNCIL MEETING August 30, 2011
doing this. I look forward to the day when Wolf Furniture will actually open it's
door.
Butler: I would just like to say, I think this would be a good idea
regardless of the history of Wolf Furniture. That just happened to be something
else that was added into the story.
The motion was approved by the following vote:
Aye: Butler, Hammler, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 5 -0 -2 (Dunn /Martinez absent)
b. Battlefield Parkway Agreement with Virginia Department of
Transportation
On a motion by Vice Mayor Wright, seconded by Council Member
Hammler, the following was proposed:
RESOLUTION 2011 -110
Approving Battlefield Parkway Route 15 to Dulles Greenway
Town /VDOT Administrative Agreement and Authorizing the Town
Manager to Execute this Agreement
Wright: Just in general, this allows us to secure funding from VDOT for a
sizable portion of this project.
Hammler: I just wanted to say this was a top priority for Council given
that we were planning to allocate all local funds from the town of Leesburg
taxpayers for this section of the road, so this is significant that we will be saving
$4.8 million. We still will be putting in local funds; however, and to that end, I
would appreciate us considering the kind of signs that they have further down
15... there is a big sign. I can't remember quite frankly the jurisdiction
unfortunately, but local funds were used to build this road. I just think we are
going to make this happen because it is a priority but it is a team effort and
certainly we have our own taxpayers to thank.
The motion was approved by the following vote:
Aye: Butler, Hammler, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 5 -0 -2 (Dunn /Martinez absent)
13. UNFINISHED BUSINESS
a. None
14. NEW BUSINESS
a. 2012 Legislative Agenda
Betsy Fields: Before we actually talk about the Legislative Agenda,
another legislatively related item is the VML Conference, which is October 2, 3,
20 I E a g c
COUNCIL MEETING August 30, 2011
and 4. At the Awards Banquet on October 4, the town of Leesburg will be
receiving a VML Achievement Award for our Land Development Process
Improvements. This is a very tremendous accomplishment on the part of the
town. So, I note that Council Member Reid and Council Member Martinez will
be at the VML Conference. You are looking at me like you haven't...
Hammler: I think that was last year. I know I will be there this year. But
perhaps Marty and Ken will go as well.
Fields: My mistake. But, we would like to offer those of you who aren't
going to the full conference, if you would like to just go down for the banquet and
come back that evening. It is in Henrico County. So, that is Tuesday, October 4.
If you are interested in just going for the banquet and the awards presentation, if
you would send me an email, please.
Wells: I will be driving.
Mayor: Ooh, that's always exciting.
Wells: I will be driving down and back that night. This is such an
important event for the Council. We wanted to provide that opportunity. We
will also have some additional staff that have been integral in this. The more the
merrier.
Mayor: I will go and join Katie down there if we can get down there and
back that day.
Hammler: Rumor has it that there is an issue with the municipalities
hotel. I got that on good word from their Council person the last time I was at a
committee meeting so better check the venue.
Reid: I would also like to add that the Wolf Furniture is not because of
Wolf, they would have done it for any applicant too. So that's an example... we
are getting an award for being proactive and that's what I love to see. Thank
you.
Butler: What's the official name of the award?
Fields: It is the VML Achievement Award and we won in our population
category.
Butler: Okay.
Fields: So, on to Legislative Agenda. In your packets you have two
documents. We have divided the Legislative Agenda in to two separate
documents this year. The first is the actual legislative agenda with those specific
action items that we are requesting from our delegation. Those are listed in no
21I Page
COUNCIL MEETING August 30, 2011
particular order. They are not in priority order and they are a combination of
requests for legislation and requests for funding. So, budget items as well as
actual legislation. The position statement... the second document is the position
statement and it contains your positions in general with regards to general
assembly actions and then your position on specific issues that have come up in
the past and we believe are likely to come up in next year's general assembly
session. The importance of this document... this position statement and for you
to approve this is as you know when legislation is moving its way through the
general assembly sometimes we have to react on very short time lines and so to
have this in place enables staff to communicate with our legislators what your
position is on specific issues without having to come back to you and waste time
in doing all that. So, that's a very important document. Most of these are
straight from last year. We have added some that have been brought up by the
town of Herndon and then some other issues that have come up during the year.
Then the legislative agenda, the ten action items that you see here... most of
those are from last year's agenda... things that we didn't get accomplished or
things that were not really action items but we felt it prudent to move them up to
an action item status. So, I am happy to answer any questions about specific
items...take suggestions from you for items that you would like to see added to
that. One of the things that we have not addressed, this is our legislative agenda
for the state. We might also want to put together an agenda for federal issues.
Reid: Thank you, Madam Mayor. If need be, we may have to do a
committee of the whole on this because we haven't had a work session discussion
so I would like my colleagues to consider that. What about legislation dealing
with the situation with Cornerstone matter where municipalities may be required
to... should we add something? Is this the subdivision one? Conditional zoning
actions?
Fields: I'm sorry, I could not hear....
Reid: Yeah, so that's code for saying... well...
Wright Well, it actually is code. It's what's in the code.
Reid: You know, I'm used to it being Cornerstone.
Hammler: Madam Mayor, just a If I may... a quick update on that.
As part of the committee meetings with the Virginia Municipal League, we did
bring that down and it is moving forward the committee structure, but just as
importantly they are actively working with the homeowner's builder's association
to coordinate introducing legislation because it has far reaching impacts, but I
know that a number of the other jurisdictions around the state were just watching
us and particularly keeping an eye on the appeal. So, a lot of people are deeply
involved, getting behind us and actively supporting us.
Reid: Are we going to adopt this tonight.
22 1 r
c
COUNCIL MEETING August 30, 2011
Fields: No sir.
Wells: It's up to you.
Fields: We had not intended...
Reid: There could be some other ideas and so forth that some of us may
want to put forward. I guess what I want to know is this... because we have new
districts and we have the potential for new legislators and we have a 60 day
session that is going to be dealing with the budget primarily, how are we going to
get on these folk's radar range... radar screen. How are we going to get on their
agenda. Are we going to talk to the candidates? Should we talk to just the folks
when they win? There is going to be this tight window. Once they win, there is
going to be this period where everybody in the state is going to be trying to talk to
them. So...
Wells: I would suggest this evening, let's work on the legislative packet
which includes a whole strategy that needs to be worked out. We are working on
our third year of probably doing something different than we have. We haven't
quite hit the right combination yet. I would like to spend a little time to put a
package or an idea together. I can't tell you I have that plan tonight but we have
been moderately not successful in various ways. It's a good point, but let's save
that...
Reid: Well, in terms of... are we going to talk about priorities tonight?
How we are going to position these?
Fields: My suggestion would be that actually we take the numbers off so
there doesn't appear to be any sort of priority order.
Wells: As a practical matter, I have never been asked whether...
Reid: Well, I will tell you this...
Hammler: Maybe we should have a work session because I know we
didn't have one last night which is probably why we are trying to do this tonight
but I just don't think this is the right format.
Wells: I think the idea is let's just get it on the table. Let's hear what is
out there and we bring something back more refined based on what we heard
tonight.
Reid: Unless you want to have a work session right now.
Mayor: I don't think I am hearing that.
23 1 Page
COUNCIL MEETING August 30, 2011
Wright: We are halfway there anyway. This is what we do at a work
session.
Reid: I will tell you this General positions is fine, but you know I think
we should put the water rate thing right at the top there right after the town
charter amendment. I want to basically put every single legislator on notice that
we are going to fight tooth and nail if anybody tries to take away our town's
authority on utility rates, out of town or in town so that number 6 really has to be
way up there. Unless what we need to do is seek legislation... do proactive and
seek legislation to affirm a town's authority to set out of town water rates.
Maybe that's what we should do instead of waiting for somebody to come in and
stab us in the back, maybe we should ask for legislation to reaffirm the town
council's authority to set in town and out of town water rates. Dave is smiling.
That is all I really wanted to say. I am comfortable with all of the other matters
that you have here.
Wright: Just a couple of things. One, I like the format. Usually when I
read this, I get fired up or upset about something and either my sedatives are
working or the format was good, so good job, whichever one of those you did.
Question on the... and this is probably more of a nit, but on the charter
amendment, if the elections are moved, I assume all of the terms would need to
be adjusted both 2012 and the 2014 terms.
Mayor: Yes, good point.
Fields: (inaudible)
Wright: Okay, kind of with that edit. On the eminent domain, I saw we
had that captured in the general guidance... there was something bouncing
around in my head that there was some specific legislation down there that we
may have wanted to be opposing. Is that still there or?
Fields: Right, so it passed on first reading so it will be back this session for
the second reading.
Wright: So, I would probably suggest that goes onto specific actions as the
opposition to that second reading. And then, on predatory lending, I thought we
got that. No? Your expression answers the question.
Fields: All of those bills were killed in committee. I mean a lot of people
submitted those bills, but they all... well not a lot, but three or four... they all got
killed in committee.
Hammler: I did forward our draft off to our friends at VML and they
provided some quick updates in terms of code change for revenue sharing and
some other things so I will make sure that Council gets that. I certainly support a
work session on the state as well as the federal legislation and county... because I
241 Pagc
COUNCIL MEETING August 30, 2011
think there are a couple of key things we want to jump on right after the election.
Certainly the annexation committee and things of that nature. So, I will look
forward to all of those items. Just a quick idea I had. Given that we were one of
ten municipalities that were designated best small towns in the country, it
occurred to me one way to get our voice heard at the federal level would be to
reach out to our other municipalities on that list and come up with a short list of
things we feel would help us all given that we are wonderful communities, but we
still need xyz accomplished at the federal level. It just might... back to how to do
we get our voices heard... it might help us. Just a thought. We could work
together on that and I would be happy to take the lead.
Butler: Looking through this, I think it is an excellent list. It includes
everything I would have thought of. Now, the good news is that one way or the
other, we will end up with at least one legislator who is a resident of the town
although on the house side, that person will be a freshman. I don't know how
that will work, but clearly I think that with the redistricting that happened in
April, there will be more legislators in Northern Virginia and in the Central
Loudoun area. I think that can't help but help us. So, there is more people that
we will be able to engage in some of these issues and I think that is a good thing.
Mayor: Betsy thank you very much. Ken, one more?
Reid: I had an idea. Could we get legislation to allow us to build the 15
widening project with a median break for Linden Hill so we don't have to do the
access road? Could we get legislation for that?
Betsy: I do not know the answer for that. We will research it.
Butler: it is unlikely because the bottom line is you are still going to have
to have a professional engineer sign off on it and if it causes issues, then that
professional engineer will still have some concerns and even if it is... unless...
that would be a change you would need to make at a federal level, I believe.
Reid: You really think so? So we couldn't have state legislation
indemnifying the engineers if we had an open break for Linden Hill?
Butler: You can try that, but I wouldn't give it a snowball's chance.
Reid: So, do you not want to research it, folks?
Mayor: I think they already have done a lot of research.
Hammler: One thing that I do think is going to be really important is if we
have an ability to very quickly articulate all the things that we have actively tried
to do given that we are widening the road. We tried everything we could to
figure out how to come up with a left hand turn. We don't have that quick list of
facts and /or the diagram in terms of the design at the 2 Country Club entrance
25 1 Pag
COUNCIL MEETING August 30, 2011
and I think that will be real important as we continue to seek a way to alleviate
the aggravation of Country Club and obviously the concerns from Linden Hill.
Reid: Well, if there is some way to just look to see whether in fact it can
be done. We can always ask your legislators for anything, but you may not get it.
In terms of city status, I don't know if I briefed Katie on this, but I had to go... I
went to that General Laws thing.
Hammier: Rob Lohr called me right after that meeting. I got the update
from Mark Flynn as well. If you would like to share with us.
Reid: Well, they didn't want to do anything with their policy statement
and I just told them even though there are members of the Town Council of
Leesburg that differ on whether we should be a city, we shouldn't have our hands
tied and I think they stuck with the same language, so I am wondering whether
we really even need to have this in here. Again, I guess I am getting hung up on
numbers because we got really hung up on numbers and priorities last year.
Wright: Take the numbers off.
Fields: All right, we will take the numbers off.
Reid: I don't know but if my colleagues want to keep pursuing this, but it
just seems that the general assembly and VML are not with us in terms of giving
us the flexibility on city status.
Fields: If I may, Council Member Reid, I think that our best opportunity
for success there is to very narrowly define which towns can seek city status such
that it is not opening a big door. That is the concern, I think at the state.
Reid: I guess what I am saying, is maybe we should put that in general
positions and take it out of legislation because what happens is that last year... at
least judging from the article in the paper, the legislators got fixated on that and
they started talking about that and whenever we have a meeting with them, I
think we want to talk about concrete things that we can be dealing with and not
city status or political things that are not really worth the time of day. I am just
suggesting this should maybe go into in legislative positions and take it out of the
legislative agenda.
Hammier: Madam Mayor, I am happy to continue to talk tonight, but my
short answer is ironically your earlier issue about the water rates may tie nicely
into this particular issue that we are going to have to work hard for as our own
municipality short of whatever else is going on around the state. So, that's all I
think I need to say tonight.
Wells: If I may, Madam Mayor? I think the key for this evening is as we
have gotten the feedback, we will put this on your next work session meeting...
261 Pag
COUNCIL MEETING August 30, 2011
work session coming up in September. You can have a more broader discussion.
Now that you have seen it for the first time, between the feedback tonight and
other thoughts that you might have... certainly provide those to us and I think
your next work session can be more specific and then we can take action at your
discretion shortly thereafter. But this has been helpful just to get some quick
reactions and we will drop the numbers off the items.
Reid: I know that you are not going to get into the process of when you
are going to do the dinner and how we are going to talk to these folks, but again I
would strongly urge my colleagues to talk to the candidates now... democrat or
republican or independent if there any. Button hole them, talk to them. I have
already talked to one or two candidates about the water situation to impress upon
them... actually three candidates... that we are going to be pit bulls. Literally pit
bulls, if they are going to try to take away our rights to set out of town water rates
and give it to the board of supervisors, which does not have any kind of money or
any kind of involvement with our utility system. So, I don't want to see that bill
come up again. It basically died on a 6/6 vote thanks to the lobbying of the
mayor and the vice mayor. Especially the vice mayor going down to
Richmond... the Mayor was ill but she was lobbying, she was making calls. We
were all making calls. I don't want to see us do that again. Let's try to talk to
these candidates now folks. That's what I am going to do and I hope my
colleagues will do that too.
Mayor: Sounds like a good plan, Ken. Thanks. Betsy thank you very
much. We will be taking this up at the next work session. Yeah, Kevin doesn't
want to have to go back down.
b. Board of Architectural Review Appeal Procedures
On a motion by Vice Mayor Wright, seconded by Council Member Reid,
the following was proposed:
MOTION 2011 128
I move that the Rules of Procedure for Appeals to the Town Council
From the B.A.R. be Adopted as Proposed for Appeals that May Come
Before the Town Council Incorporating the Correct Standard of Review
as Legally Required
Wright: What is different about this one from the last one we adopted?
Irby: They are almost exactly the same, except that your standard of
review is remarkably different. Prior to that, it was arbitrary and capricious. This
is almost a de novo review but this is again to let the appellant and appellee know
what your process is going to be when you hear the case.
Wright: Because the last one we did was for a specific one that was under
the old standards. This is just updating for the new standard.
27 I P. ge
COUNCIL MEETING August 30, 2011
Reid: Can I ask about the Star case, or is it still...?
Irby: I know nothing about it, other than Star Pontiac has appealed the
decision of the B.A.R. There is an internal meeting tomorrow to discuss the
particulars. I think it has more to do with the corporate decision with respect to
the design as opposed to what the applicant may have presented to the B.A.R. I
think he was ambivalent. Again, this is second and third hand; however,
corporate has indicated that they want a different standard. Under the new
appeal rules, Town Council gets a de novo, so you will be presented with all of
the information in which to make a decision.
Reid: There is no other... not a counter appeal but has anybody
intervened to oppose the sign?
Irby: Well, your rules are fairly liberal to allow anyone who has an
interest to appeal. It is my understanding that the applicant, Star Pontiac, has in
fact filed an appeal.
Reid: What I am concerned about is a competing dealer or anybody next
door that wants to come in like the Dodona Manor fence. We can't restrict that.
Irby: No, but the time is running and so I think they have less than two
weeks to do and Council can give that whatever weight they deem appropriate
under the new standard with respect to why a third party would appeal in this
particular instance.
Reid: But in this case, here under the rules we will be able to do a de novo
review if need be. We can look at the evidence and so forth.
Irby: Yes, you can look at everything that was presented to the B.A.R.
and make an independent decision.
Mayor: I think this change is a good idea. I would like us... I have said it
before, but I would like us to have de novo review authority.
Wright: Just a clarification... we have de novo review for any B.A.R.
application moving forward, I believe, correct? I just wanted to clarify we had
already done that, so this is housekeeping.
Irby: Yes. This is just the procedural rules under which folks will be
guided. If we run this appeal and the rules don't work, then you can change
them for the next appeal. This is to let parties know what the game plan is going
to be.
The motion was approved by the following vote:
Aye: Butler, Hammler, Reid, Wright and Mayor Umstattd
Nay: None
28 I g
COUNCIL MEETING August 30, 2011
Vote: 5 -0 -2 (Dunn /Martinez absent)
c. Special Operations Warrior Foundation 8 Annual Battlefield Run
On a motion by Council Member Reid, seconded by Council Member
Hammler, the following was proposed:
RESOLUTION 2011 -111
Approving the Waiver of Fees for the Eighth Annual Battlefield Run in
Support of the Special Operations Warrior Foundation
Hammler: I'll lace up my running shoes and follow everybody and I still
have my combat boots in my closet... I can grab those. I just appreciate all of
your efforts and sincerely everything you symbolically represent for all of our
troops around the world and it will be our honor.
The motion was approved by the following vote:
Aye: Butler, Hammler, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 5 -0 -2 (Dunn /Martinez absent)
Mayor: congratulations, Col. We will see you on September 17. In the
meantime, we will also pass along to... We can inform the sheriffs department of
the County about the problems with speeding in Lansdowne. It's outside the
town limits so we don't have jurisdiction there but we can pass along your
concerns to the sheriffs depaitnment. Councilmember Reid has suggested... John
if you could look into the issue of the cracks and weeds on the sidewalks and
country club as well as the feasibility of extending the sidewalk... that could run
into a requirement for condemnation of private property which would complicate
it but I don't know if that is within our right -of -way or not.
Hammler: Mdm. Mayor, I was going to follow up after the meeting in
terms of not just those issues but the Street lighting as well. So if you could plan
to follow -up on those.
Reid: if I also may add, the standing residential traffic committee looked
at speeding on country club about five years ago and there was a task force that
was convened... I'm going by memory and the only traffic calming that was
requested was that hump over near the golf course which to my mind doesn't
really do a lot of good. Also, there is the lady who has always complained about
people running the stop sign at either Governor's in Country Club where there is
another road there... Yes, and the problem with that street is that it was built as if
it were an airport runway back in the 1960s and it's just way, way too wide. It
will cost an incredible amount to narrow it. I would strongly suggest if the
residents are really concerned about speeding and the traffic light situation, to
talk to the SRTC again, or talk to the town and do some speed studies. A driver
feedback sign may be warranted on country club. The speed trailer is one thing
but I think I fixed speeding sign... That traffic sign at governors and country
29 1 P <a
COUNCIL MEETING
August 30, 2011
club... I think it's Patricia Walsh... is that her name? A nice elderly lady, she's
right at the corner. She says that people are always running that stop sign and
maybe more just needs to be done to be dealing with that situation.
Wright: Mdm. Mayor, since everyone else jumped in, I'll ask the question
I think the residents asked. Is there any interest to change the direction to the
town tourney by members of Council to have her not attend the upcoming
auction.
Mayor: Thank you, Kevin.
15. COUNCIL COMMENTS
Council Member Reid: First, I want to disclose that I had a meeting with Chris
Gleckner and Mark Baker, Chris from Walsh Colucci and Mark Baker from Bowman
Consulting about the special exception for the Leesburg Toyota and yet another phone
call from Mike Banzhaf about the Village at Leesburg proffers. Welcome back
everybody. I think that this was a good idea to have the August meeting at the last week
of the month. I hope that we will continue to do this. I also want to offer my
condolences to the Pumphrey family on the sad death of Jock Pumphrey who was the
founder of Jock's Exxon. I was unable to attend the funeral today, but I did attend the
viewing and I enjoyed the nice ceremony the Lion's did last night. It was really
unbelievable and I am sure that practically everybody in Leesburg was there at the
church today, but I was not able to attend. I did also attend the opening day of the
Central Loudoun Youth Football League and the tailgate at Tuscarora High School
where the Tuskie's won their first game. It was a wonderful event and they now have a
senior class and everything is going really well there. I have some video of this on my
Facebook page, Ken Reid, Leesburg. If anybody wants to see it. I also want to thank
Kate Trask and our Parks and Rec department for providing an opportunity for the
America's 9/11 Foundation board members to present the town with three flags, each of
which were flown at the sites that the terrorists attacked on 9/11. I would like to also...
I have also sent an email today to Ms. Trask, and I think the Mayor about a lady in
town who's husband was killed on the plane that hit the pentagon and Ted Sjuseth
mentioned that he could maybe try to get her to attend, a lady by the name of Taylor
who apparently lived in Reston at the time and she has since moved to Leesburg.
The 9/11 ride through Leesburg was, I would say, probably one of the most
spectacular parades that we have ever had. The... I think what made it the best was the
fact that there was so much fear and doubt ahead of time about what was going to
happen. I think that the town did yeoman's work putting all these ads in the
Washington Post and getting everybody prepared for potentially the worst. As it turns
out, Ted Sjurseth was right. He estimated that with even 1800 motorcycles that they
would make it through in 50 minutes. It was probably about an hour and 20 minutes
that the cross streets were blocks, so it really did not cause a significant inconvenience as
far as I know. I don't know if there was anybody prevented from going to the
emergency room or anything like that, but I think what really made it so wonderful was
that it enabled us to basically get away from our worries about the economy, our
concerns about jobs, our concerns about the debt and to focus, for at least a brief
30 1 P g
COUNCIL MEETING August 30, 2011
moment on the one incident that has probably changed this country and has had the
biggest impact on our economy and that was the terrorist attack on 9/11. This country
is engaged in two wars now. You can debate whether Iraq was a good war or not,
whether it was necessary, but the reality is there have two administrations, republican
and democrat that have maintained and stayed the course in fighting the terrorists, not
just there, but around the globe. This was an excellent kick off to the 10 anniversary
celebration. The town and just the outpouring of love and respect for the motor cyclists
was just unbelievable. You can see why Leesburg was the fourth ranked in that survey.
It probably would have been the first if people had seen it that day. I couldn't... just the
number of kids in the scout uniforms. The Mayor just told me the VFW was down at
Safeway. Tom Reed from the school board wore his American Legion outfit and he was
sweating too. I remember this young lady sitting next to us going like this to the cyclists
as they went by... I love you. I love you symbol. The one thing that I thought was
interesting after I drove home was the kids at Open Arms Daycare drew these signs and
they put it out on the fence saying God Bless America, We love you. Because they
knew the cyclists were going to go down there and they could see that. So, it was just
really terrific and I am just very pleased that we are going to have the folks involved with
this... the organizers of this event at our 9/11 ceremony. I still would like to see a
report, John, on what costs the town incurred. I think that is important. I would also
would like to see a copy of this letter that the Chief apparently sent to some police
officers who were pulled over, if that's possible. It's interesting, I told Channel 4, they
asked me well is this going to bring a lot of money into Leesburg... is there going to be a
lot of business. I said, well, if anything businesses are probably going to shut down for a
while and it is costing us a lot. But that is not the purpose of this. Now, I have
discovered that Leesburg was the highlight for all the motorcyclists. It was the highlight
of the trip. Now other towns, Frostburg, Maryland and others want the cyclists to go
through the middle of their town. They don't want them to use any bypasses. So, this
was truly spectacular and I am just very very proud of our Mayor and our Council for
essentially not just doing what staff wanted, which is often my criticism, but actually
sticking up for doing what was best for our residents, to actually see the riders up front.
It was a wonderful day and I am looking forward to our 9/11 ceremonies on the 11t of
September 2011.
Vice Mayor Wright this is actually a good August break. I was thinking about
our past couple of summers. The news stories that have come about either during the
summer or the August break have not necessarily been the most favorable of news
stories, but if we keep this route like this August break, we should do more of this
extended break because we had the town of Leesburg is #4 in the top places to live in the
Country so that was outstanding news... the 9/11 ride was.... I definitely agree, we
made the right decision. It was very well executed. I actually had through a unique set
of circumstances... I was in Arlington at a training class that ended up actually being in
the host hotel so we could tell that the ride was going on time when the hotel started
shaking as all of the motor cycles made their way into the parking garage. So, I had the
pleasure of when I came out of that class seeing a lot of the riders there in the lobby who
did echo what Ken was saying... that was really the highlight of that day for them. It
was really neat to see and hear all the reports from the town and see the pictures of the
outpouring in the community. I did want to and I see Kaj has wandered out. I did want
31 I Pabu
COUNCIL MEETING August 30, 2011
to pass along to John really outstanding work by your team and your staff for the 9/11
ride... all the logistics to make that appear seamless. I know that there was a lot of work
behind the scenes to make it happen that way and really appreciate all of the efforts to
make sure that was a safe and enjoyable event for everybody. The town was fortunate
with both the earthquake and the hurricane in the same week that we had no significant
damage or significant events, but that does not minimize the amount of response effort
and coordination effort and communication effort that had to happen by our staff. I
think Kaj was on point for both of those as several of us were out of town. I found out
there was an earthquake after getting off of a ride at Universal Studios in Florida. My
comment was I leave town for one day and they have the most significant earthquake on
the East coast in 114 years. Then was reminded that John was also out of town. I could
tell by just the text alerts that I was getting not only had the event occurred, but there
was no significant damage. The phone lines were jammed, but the texting alerts seemed
to do very well. I was really impressed with the staff...
Reid: Kevin, the lines were jammed because of all those automated robocalls
that those candidates were sending out.
Wright: I did have a large quantity of voice mail when I returned. But, really,
really impressed with how well your team pulled together in both of those
circumstances. I did want to extend my congratulations... now I can say it.. I was trying
to figure out when in the meeting you were going to say publicly that we had gotten that
award. I did want to extend my congratulations on that. I think that is an
acknowledgement of several years of hard work by the overall team to make our
development process more customer friendly and more efficient. A lot of residents may
hear that and go okay we are just making it more developer friendly, which I don't know
that is necessarily the case from kind of the expletive way you might say that, but it is
making sure that the process is fair and efficient so that both the developers, the business
community, and residents are all treated in a fair and efficient manner. I think that we
have seen the rewards of that in a lot nicer ways than the plaque. But I will be with you
in the car to go pose for the picture with the plaque. I did have a couple of housekeeping
items. On Linden H ill Way, I would like to get an update on when that auction is and
see if there is any will on Council to perhaps not attend that. On the public art
commission, Madam Mayor, I wanted to thank you for the email on that vacancy. We
do have two applications and I would like to see that on the agenda, if either the Council
Member that has the vacancy can indicate who they would like to fill it, or we will
follow our ordinance with that. Other than that, glad we are all safe... sort of glad we
are safely back in school. It kind of just feels wrong to be in school before Labor Day.
Here we are, everybody is safely in school and back to the fray.
Council Member Hammler: Thank you to my two colleagues for so eloquently
discussing all of the news so that I can be short, as it relates to the tremendous things like
the 9/11 ride. I truly felt it was one of the most emotionally overwhelming parades that
I have been able to be part of just walking down the street. I think what I was most
struck by when I just turned left on King Street was the fire engines and the magnificent
flag welcoming the riders into the town and then seeing my Mayor on the right and just
an incredible number of people. I knew we had gotten the word out that it was coming
32 1 Page
COUNCIL MEETING August 30, 2011
through downtown but until you see the sheer number of people and really feel what it
was like being on the street in terms of the spirit and the unity... to me that's... through
tragedy being able to bring a community and a nation together... we really represented
that. This is what Leesburg has always represented for me is those values that we are
able to bring people together. I was just very proud of our town that day.
The CNN Money article was wonderful to see. I was getting messages from all
over the country, so it was quite remarkable really and something that we can leverage, I
think, in a lot of really important ways. I look forward to brainstorming around that. I
think again, reflective of our values and things that we have held close and dear and our
quality of life. Not that we don't have our challenges and appreciate your both still
staying and following up on your key issue. The advent of my first official earthquake...
at first I thought what darned major appliance is causing this racket in my home. After
10 seconds, I thought wait... can't just be the icemaker or the dryer or the washing
machine. Then, fortunately Irene not causing as much damage but I will say I was
amazed at how quickly John was returning emails when he was out of town. And I
quickly said, you know John you are just not going to be able to leave anymore because
the earth moves when you are not hear. I will be introducing the amendment to your
contract that we will no longer allow you to leave the town of Leesburg. But fortunate
for us, you did designate Kaj as his deputy and we had wonderful staff taking good care
of our communications efforts and our 24 hour emergency operations center. I know
that Captain Van Gilder was actively involved. Jeff Fletcher from the County. I just
really appreciated all of the updates on the website and the communication and public
works... you know with the tree going down on Battlefield getting cleared so very
quickly.
A couple of other just quick things. I had a friend who originally sent the link
from Coke about the $100,000 grant for the parks... voting for best park and of course
we know we have the best park in the nation, but what I was most impressed by was
how quickly staff put together a viral campaign to get the word out that we all vote in
our hearts that we know it's remarkable when we think about the facilities and the
passive park that we have as well at Ida Lee. So, I want to thank staff for doing that.
Who knows, maybe we will come out with a grant. I guess on the flip side of that, I was
scratching my head just trying to quite frankly understand what my personal property
tax bill was less than four weeks from now and you can get that information on line at
the county, but we still can't do that in the town of Leesburg. So, I guess my point there
is we have remarkable things happening from an innovation perspective in the case of
Parks and Rec going online and being able to sign up for classes, use a credit card and
yet it is almost like we need a no department left behind program as relates to some
pretty basic functionality. I know John is on top of that, but to me it is an added
incentive that I know we can do it, John. A couple of other... I guess I will put them in
important town business categories. Also, in the good news we know that Catoctin is
almost done... the $2.2 million improvements. We have been working hard on all those
many streets in Lowenbach and that area. There has been a number of changes in terms
of the timing of construction so fortunately Catoctin will be open. We did the design,
land acquisition, road construction, the two traffic circles so major improvements. I am
also starting to get quite a number of calls and I am expecting we will be getting a
33 Page
COUNCIL MEETING August 30, 2011
number of petitioners in a couple of weeks and hope that Council will be very open to
ensuring that we get all the proper input to hear everybody's views about the status of do
we wait until 2014 or make that tremendous amenity available so I look forward to
perhaps getting the SRTC involved. Certainly, the Lowenbach committee and
determining how we can get a specific public input session as well as I am sure we will
be hearing from petitioners in a couple of weeks. I wanted to just mention a big thank
you to Mayor Lazaro from Purcellville who drove me down to the last VML committee
meeting. I appreciated that. I was very impressed with their hybrid vehicle. I know we
will be getting an update about our status of whether we will be able to start
implementing hybrids. I will be going to the next meeting on Thursday, so just FYI on
that. Wanted to wrap up by mentioning my sincere condolences to the Pumphrey
family and Mrs. Pumphrey, Jock's wife of 61 years. Mr. Pumphrey was a town council
member for 15 years and I just thought it was a wonderful homily in terms of what it
represented in terms of his being... he truly was a pillar of the community and as I was
listening and reflecting on his service to the community, to his country, it really struck
me that it really is this.. it is everything that is Leesburg. I will get home at 6 o'clock to
have dinner with my family. These fundamental values. The many, many years that he
contributed to all of us. It was just an honor to be part of the service today and the many
wonderful people like the Mayor, John, Norm was there. Just from our perspective our
appreciation from a town community for everything that he was for all of us. And then,
as I know we will be doing, inviting the family into Council, one person did mention
that our esteemed honorable Supreme Court Justice Bill Mims really wished that he
were here today but couldn't because obviously they are in session this week, but if it
were possible that we could invite him to come to Council when we do bestow
condolences and perhaps even time it around when he might be available I am sure that
he would sincerely appreciate knowing what Mr. Pumphrey and how much he meant to
him as well as Leesburg member.
Council Member Butler: You know it is a deadly combination when we have a
relatively short meeting and then we haven't had Council Member Comments for like
five weeks. Anyway, Katie and I had the opportunity as Council Members to go visit
with Senator Warner at a coffee a few weeks ago and that was excellent. We actually
had a chance for a couple of minutes to discuss the situation at the time in congress and
I wish there were more people like him in congress, like about you know 99 more in the
senate and then I think we could actually get things done rather than have the kind of
situation that we have. Yeah, the 9/11 ride was awesome. I was able to watch it at the
corner of Loudoun and Market. So, that was a lot of fun and I was really pleased that
things seemed to go off pretty much without a hitch. I think there was extra advertising
ahead of time, which I appreciated and there was a number of people spreading the
word including me recommending that people work from home on that Friday
afternoon just in case and I know a number of people who did. So, all in all, it went
very well. I think next year, presumably we will be back down to the normal number of
motor cycle riders so it won't be a concern. Battlefield Parkway is now open. People
like it a lot. I just can't wait for the other two lanes to get open in a couple of months,
but at least in the meantime, certainly for me it's an alternate way to get to Target rather
than going down the bypass, which is good. It looks like, unfortunately, there were four
Virginians that lost their lives in the hurricane or damage related to the hurricane. My
34 P a g
COUNCIL MEETING August 30, 2011
condolences and prayers go out their families. Although, I do have to admit that there
were some people in some states that my sympathy is not quite as high... like I think
there was a 68- year -old that was out there windsurfing because the waves were so nice
and big and then there was another guy... there was a few people at a party and they
decided that this would be.. Saturday night would be a great night to camp in the back
yard. So they were out in tents in the back yard and anyway a tree fell on the tent. So,
everybody around in this area, stay safe when these things happen. Do not... always
heed the warnings of the personnel that know a lot more about these things than you do.
Also, the flooding in Vermont is absolutely phenomenal in a bad way. But on the
lightest note, with Leesburg being the fourth best place to live, Leesburg airport being
the 3r highest in the state for economic activity and aVML achievement award, there is
a lot of great things that Leesburg is doing, so I would not be surprised for the next two
months, some of these robo calls were people either currently or previously on Council
taking full credit. Glad to be back.
16. MAYOR'S COMMENTS
Welcome back to Jonathan Wells, who is safely on American soil now. Thank
you for his service on the front lines in Iraq. It will just be repeating what everybody
said, but I really appreciate the Council members who supported unanimously
supported the 9/11 ride coming through town. I very much appreciate the hard work
that both the state police and our own police department and our staff did to ensure that
went smoothly. We had more advertising on this because we wanted to warn people,
but it also had a nice side benefit is that it brought a lot more Leesburg citizens out. We
have just received an amazing number of thank yous from people through town who
were able to watch this and it meant a great deal. As Katie mentioned, it was great
seeing Katie and Kathryn walking along King Street as they went down to meet up with
Ken down at the center of town and Dave. Of course, we had our outlier down in
Arlington waiting to greet them down there, so we covered all the bases. Kevin
admitted that the way he got home was he went the opposite way of what his GPS told
him to go and he got home just fine. But, it was quite moving. The VFW guys, I was
with were just thrilled. It was being little kids again as these bikes came through and so
many of the motorcyclists saluted the VFW guys that where there and were saluted back
and there were yells of thank you and there was the victory sign. It was great. Katie
mentioned the two ladder trucks with the big US flag right over King Street. That was
quite an entrance. I do appreciate everything the police department did to make sure the
route was safe through the entire ride. Katie and I and John and Norm as Katie as said
were able to attend Jock Pumphrey's funeral and it was incredibly moving. Katie and I
got to watch the procession from St. James Church to Union Cemetery. Jock's coffin
draped in an American flag went along Wirt Street in the old historic fire truck with the
fire fighters walking ahead and behind and everybody at the church walking along. It
was really a beautiful ceremony and the Pumphrey family as always was extremely
gracious. And Stilson Greene was there. Thank you again to Stilson for letting us all
know that this was happening because as Stilson said, you know if the scheduling of the
funeral misses the papers, people don't tend to find out. But Stilson was the guy making
sure we all knew and we really appreciate that.
351 1'age
COUNCIL MEETING August 30, 2011
Kaj Dentler did a superb job as other Council members have said while John was
in Texas greeting Jonathan and it appears every other battalion that was coming home
to Texas from Iraq... John and Debbie were there to greet the troops coming in. Kaj was
handling getting information out on the hurricane and he really did a wonderful job. He
got information out to the Council on a regular basis and that was really well done. The
police did a wonderful job staying on top of things. One of the things that came out of
the governor's briefings... something that we could take a lesson from... the state of
Virginia wanted to get, as you all know, a price gouging hotline up and running with
Verizon, but they didn't get on that until after the hurricane had come in and left, so I
think our staff has gotten pretty good at thinking about what might happen and doing it
in advance. I actually did run into a gas station that did attempt to apply a $10
hurricane surcharge to the gas bill and I said I'm not paying it. I said I'm leaving and he
said I have already got the pump in your car. I started the car and he said I'm just
kidding. It was not in Leesburg. But you have to be aware of things that can happen.
He hadn't actually started pumping, he had just put the pump in so I did not steal any
gas. When he said he was kidding, I let him fill the tank and paid the normal amount.
Just be aware that people out there will try to get away with something and if they are
not called on it, we probably would have had to pay an extra $10 and I don't know if
that was per gallon or for the total tank.
Anyway, I wanted to disclose that I did meet with representatives of Toyota this
morning. I also want to end up by thanking Mr. Shotton and Ms. De Criscio for
spending the entire evening with us. It can't have been the most entertaining evening of
your life, but we really appreciate your diligence and your commitment to your
community.
17. MANAGER'S COMMENTS
Just a few quick items. First off, thank you for your words and everybody's well
wishes on Jonathan's return. We are really happy that he is waking up each morning on
American soil and I think there will be a few less gray hairs sprouting on my head as a
result of that over the next several months. I appreciate everyone keeping his best
wishes in their thoughts and prayers, so thank you for that. On to one bit of procedural
business, if you recall before the August break, you granted the authority in the event I
needed to sign anything significant while you were gone. Nothing happened on that
front. However, on the other front, as you have all mentioned, the earthquake, the
hurricane, the 9/11 ride were all some significant events. And the bears... we can't
forget about the bears. I was trying to put some things into perspective, as you were all
talking as it ties in with both the CNN Money recognition of being #4 in the country
and certainly the VML award for the development process, so what came to mind is the
things that we have done a good job on whether it is development process, whether it is
preparing for the 9/11 ride, emergency management planning... those are all genuinely
team efforts. A lot of preparation, planning, and hard work go in behind the scenes.
When those events happen, they don't happen by accident. We are not #4 in the
country because it just happened that way. We didn't get the development process
award because we just worked a little harder. There was direction from Council, there
was planning options, execution by staff. The 9/11 ride, I will present a separate report
on that, because I could literally go on for two hours regarding what had to occur behind
36 1 Page
COUNCIL MEETING August 30, 2011
the scenes to make that all work. Not just at the staff level, but the riders and what they
did to get started, catch up because they started late, maintain a good pace.. there is a
lot of story to tell with that. The earthquake and the hurricane... just the amount of
emergency management planning separate from the special event planning. It's the
same group with just a different book in front of them, if you will in terms of planning
and preparation. Certainly, my compliments to Kaj. I knew everything that was going
on as you were learning it along the way in keeping in touch. That is the key role for
Kaj and my role, is to keep you all as informed as possible because you are getting
questions from the community... you are getting questions from the media and the
public as to what is happening, so he did an outstanding job on that front as did the
other staff behind the scenes in doing that and doing all the work that they do whether it
is scouting out and clearing storm drains ahead of time or making sure that lights are still
on and street lights are working after the fact. There is a lot of detail that goes into all of
those things. But in the end, it came out good. Staff did an outstanding job but those
collective efforts, whether they are council directed, whether they are things that work
through the community very well... that's why we end up with a number 4 ranking.
That's why we end up with the VML award. It is really something that we can all take a
lot of pride and credit in at the Council level, citizens in the community and staff as well.
I will end with thank you.
18. ADJOURNMENT
On a motion by Vice Mayor Wright, seconded by Council Member Butler, the
meeting was adjourned at 9:56 p.m.
2011 Jcmin0830
Kristen C. Umstattd, Mayor
Town of Leesburg
37 1 Page