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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