HomeMy Public PortalAbout2012_tcmin0522COUNCIL MEETING May 22, 2012
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: David Butler, Kelly Burk, Thomas S. Dunn, Katie Sheldon
Hammler, Marty Martinez, Kevin Wright and Mayor Umstattd.
Council Members Absent: None
Staff Present: Deputy Town Manager Kaj Dentler, Town Attorney Jeanette Irby,
Director of Plan Review Bill Ackman, Director of Parks and Recreation Rich Williams,
Economic Development Manager Marantha Edwards, Parks and Public Space Planner
William Ference, Director of Public Works Tom Mason, Business Retention
Coordinator Debi Parry and Clerk of Council Lee Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Council Member Thomas S. Dunn, II
3. SALUTE TO THE FLAG: Mayor Umstattd
4. ROLL CALL: Showing all present.
5. MINUTES
a. Work Session Minutes of May 7, 2012
On a motion by Council Member Butler, seconded by Vice Mayor Wright, the
minutes of the work session of May 7, 2012 were approved by a vote of 7 -0.
b. Regular Session Minutes of May 8 2012
On a motion by Council Member Hammler, seconded by Council Member
Martinez, the minutes of the regular session of May 8, 2012 were approved with edits by a
vote of 7 -0.
6. ADOPTING THE MEETING AGENDA
On the motion of Vice Mayor Wright, seconded by Council Member Martinez, the meeting
agenda was approved as presented by the following vote:
Aye: Butler, Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
7. PRESENTATIONS
a. Resolution of Appreciation and Respect — John W. "Jock" Pumphrey and
Jock's Exxon
On a motion by Council Member Martinez, seconded by Council Member Butler,
the following Resolution of Appreciation and Respect was presented to the Pumphrey
family:
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COUNCIL MEETING May 22, 2012
Resolution of Appreciation and Respect
for
John W. "Jock" Pumphrey and Jock's Exxon
WHEREAS, John W. "Jock" Pumphrey was born on March 7, 1917 and
passed away August 25, 2011; and
WHEREAS, he was a loving husband to his wife, Ruth, and proud father
of three sons, John, Jim, and Jerry; and
WHEREAS, Mr. Pumphrey was the owner of Jock's Exxon which has
been at the location on West Market Street since 1965; and
WHEREAS, Jock's Exxon was one of the oldest and most respected
businesses in Leesburg; and
WHEREAS, Mr. Pumphrey was a significant contributor to the Town
having served on the Town Council from 1959 to 1974; and
WHEREAS, he was also a member of the Leesburg Volunteer Fire
Department, Leesburg Host Lions Club, the Odd Fellows Lodge, Veteran's of
Foreign Wars, and St. James Episcopal Church; and
WHEREAS, the Pumphrey Family and Jock's Exxon served as examples
of how one family or one business can make a difference in their community.
THEREFORE, RESOLVED that the Mayor and Council of the Town of
Leesburg in Virginia hereby commend Jock's Exxon for being an invaluable part
of the Leesburg business community for many years; and
BE IT FURTHER RESOLVED that the Mayor and members of the
Council of the Town of Leesburg in Virginia extend their sympathy and respect
to Mr. Pumphrey's family and to all who knew him and direct that this
Resolution of Respect be spread upon the minutes of this meeting and that a copy
be presented to his family.
PASSED this 22nd day of May, 2012.
b. Resolution of Appreciation - Former Council Member Terry Titus
On a motion by Council Member Martinez, seconded by Council Member Butler,
the following Resolution ofAppreciation was presented to C. Terry Titus:
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Resolution of Appreciation
C. Terry Titus
WHEREAS, C. Terry Titus has served the citizens of the Town of
Leesburg in many capacities over the years; and
WHEREAS, a vacancy existed on Council; and
WHEREAS, a special election could not be scheduled prior April 17,
2012; and
WHEREAS, Council determined the need to appoint a temporary
Council Member to fill this seat until a more permanent Council Member could
be elected; and
WHEREAS, Council selected C. Terry Titus from a field of 22 individuals
interested in serving the citizens of the Town because of his record of outstanding
and dedicated service to the citizens of the Town of Leesburg and County of
Loudoun; and
WHEREAS, Mr. Titus' temporary appointment to the Town Council
involved many hours of work in order to make many difficult decisions.
THEREFORE, RESOLVED that the Mayor and Council of the Town of
Leesburg in Virginia hereby recognize and commend C. Terry Titus for his
tireless efforts and vast expertise which has served to benefit the citizens of the
Town of Leesburg during this appointment and in the past.
PASSED this 22nd day of May' 2012.
C. Proclamation — Celebrating the 90t' Anniversary of the Thomas Balch
Library.
On a motion by Council Member Martinez, seconded by Council Member Butler,
the following was proclaimed and presented to Ron Rust, member of the Friends of Thomas
Balch Library:
PR0CLAM -ATION
Commemorating the 90th Anniversary of Thomas
Balch Library
WHEREAS, Thomas Balch Library was dedicated on May 22, 1922, in
the Town of Leesburg by citizens of Leesburg and sons of the distinguished
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COUNCIL MEETING May 22, 2012
international lawyer and Leesburg favorite son, Thomas Balch, as a center of
learning and culture; and
WHEREAS, Thomas Balch library today continues as a vibrant
public /private partnership between the Town of Leesburg and dedicated citizens;
and
WHEREAS, much of our community's rich and diverse heritage is
contained in documents and records created by and for its people; and
WHEREAS, The Town of Leesburg's Thomas Balch Library is a
repository preserving the historical and genealogical record of Leesburg and
Loudoun County; and
WHEREAS, the archives of Thomas Balch Library collectively contain
over 250 years of unique materials, ranging from hand - written letters and diaries
to typewritten manuscripts, photographs, videotapes, and modern electronic data
systems; and
WHEREAS, through these archives, future generations can more
accurately study the past, learn from accomplishments of predecessors, trace
ancestors, understand a community's pride of place, confirm property rights, and
maintain laws, while celebrating the history of state and local communities; and
WHEREAS, the mission of Thomas Balch Library is to serve the
educational and informational needs of the citizens of Leesburg and Loudoun
County and to provide leadership to ensure identification, preservation, and use
of the region's historical record; and
WHEREAS, the 90th anniversary of the dedication of Thomas Balch
Library will be commemorated on May 22, 2012.
NOW, THEREFORE, be it resolved that the Council of the Town of
Leesburg in Virginia, proclaims May 22, 2012, Thomas Balch Library Day and
urges all citizens to join in commendation of the work of the Library, and to
explore fully this unique asset in our community.
d. Proclamation — Business Appreciation Week
On a motion by Council Member Martinez, seconded by Council Member Butler,
the following was proclaimed and presented to Susan Henson, Manager of the Mason
Enterprise Center:
PROCLAMATION
BUSINESS APPRECIATION WEEK
June 4 - June 8, 2012
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COUNCIL MEETING May 22, 2012
WHEREAS, Governor Robert F. McDonnell has recognized June 4th -
8th, 2012 as BUSINESS APPRECIATION WEEK in the
COMMONWEALTH OF VIRGINIA, and called this observance to the
attention of all citizens; and
WHEREAS, Governor Robert F. McDonnell has designated 2012 as
THE YEAR OF THE ENTREPRENEUR in the COMMONWEALTH OF
VIRGINIA; and
WHEREAS, Virginia and its localities recognize that jobs and investment
follow private businesses that seize opportunities to expand markets, develop new
products, and invest in equipment that improves productivity; and
WHEREAS, the Town of Leesburg has joined the Commonwealth in
developing a business climate of opportunity to encourage entrepreneurial
creativity, investment, and job growth; and
WHEREAS, businesses in Leesburg, Virginia play a significant role in
growing the economy of the Commonwealth when they assume growth plans to
reap the rewards of pursuing opportunity; and
WHEREAS, within the last year, the Mason Enterprise Center —
Leesburg /Loudoun opened its permanent location in Historic Downtown
Leesburg for local entrepreneurs to expand their dreams into reality.
THEREFORE, the Mayor and Town Council of the Town of Leesburg in
Virginia hereby proclaim the week of June 4 — June 8, the Year 2012 as Business
Appreciation Week in the Town of Leesburg and urge the citizens of Leesburg to
support our local businesses and do their part to support a sustainable economic
environment for the Town of Leesburg.
PROCLAIMED this 22" day of Mav' 2012.
e. Certificate of Appreciation — Leesburg Moose Lodge Donation
On a motion by Council Member Martinez, seconded by Council Member Butler, a
Certificate of Appreciation was presented to the Leesburg Moose Lodge #1041 and Moose
Riders Club for theirgenerous donation of an external automatic defibrillator for Freedom
Park.
f. Certificate of Appreciation — Loudoun Soccer Donation
On a motion by Council Member Martinez, seconded by Council Member Butler, a
Certificate of Appreciation was presented to Loudoun Soccer for their generous donation
towards Bermuda grass seed for the soccer field at Ida Lee Park
g. 2012 Tolbert Awards
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COUNCIL MEETING May 22, 2012
Mary Haberl, Vice Chair of the Environmental Advisory Commission,
presented the 2012 Tolbert Awards to Chiara Marie Solitario, Julie Gurnee, and
Felicity Francis for their work in protecting and providing support to those
interested in the environment.
h. Certificate of Recognition — Retiring Employee Larry Fleming.
On a motion by Council Member Martinez, seconded by Council Member Butler, a
Certificate of Recognition was approved recognizing Mr. Fleming's over -31 year
employment history with the town.
8. PETITIONERS
The petitioner's section was opened at 7:58 p.m.
Lily Rose Dunning, Assistant Executive Director of Bluemont Concert Series,
stated they have been granted permission by the Courthouse Committee to move their
concerts back to the old Loudoun Courthouse. She stated they will be having five
Sunday evening concerts in July and would appreciate support from the town in the
form of street closures, police support, and use of the town hall restrooms.
The petitioner's section was closed at 8:01 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member Butler, the
following items were moved for approval as part of the Consent Agenda:
a. PMW Farms Bond Reduction
RESOLUTION 2012 -056
Making a Reduction of the Performance Guarantee for Public
Improvements at PMW Farms, Fort Evans Road, Phase 1 (TLPF 2009-
0014)
b. Downtown Improvements — East End Triangle and Alley — Construction
Contract Award
RESOLUTION 2012 -057
Awarding the Construction Contract for the Downtown Improvements —
Alley Walkway Improvements and East End Triangle Project to Madigan
Construction, Inc. in the Amount of $548,857.60
The Consent Agenda was approved by the following vote:
Aye: Butler, Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
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COUNCIL MEETING May 22, 2012
10. PUBLIC INPUT
a. Town Plan
Irish Grandfield stated this is the first of two opportunities for public input
on the update revisions to the Town Plan.
Summary of Key Points:
• State Code requires towns to have a comprehensive plan and to review the
plan a minimum of every five years.
• The Town Plan is a general guide for decisions related to land
development and public facilities. It guides other processes and tools.
• Planning Commission reviewed all nine elements including input from
other advisory boards and commissions.
• Amendment was initiated by Council in October.
• Amendments include:
• more incentives for protecting natural resources
• addition of urban forestry management plan, stormwater, natural
hazards and integrating natural resources objectives into capital
projects
• identification of funding for purchase of additional park land
• identify recommendations for additional trails
• regular re- evaluation of park master plans
• remove overlapping portions of the H -1 and H -2 with the proposed
crescent form based district
• design guidelines to complement or replace the H -2 district
• need for a comprehensive preservation plan
• support for public art and integration into capital projects, as
warranted
• need to coordinate development with adequate community facilities
• allow for some light industrial uses in town where appropriate
• recognize permitted height increases in the central sector
• small area plan for the Fort Evans Road /Edwards Ferry Road area to
develop a cohesive plan for the area with integrated transportation
facilities
• Addition of car dealerships outside the bypass.
• Change in designation for property on Sycolin Road
• SW Sector designated community commercial center could happen on
either northeast corner or southeast corner of intersection of Rt. 15 and
Evergreen Mill Road
• Amend existing economic development goals and objectives to include
working cooperatively with local businesses and organizations to
create infill projects that target government contracting, research and
development, and education.
• Encourage arts related businesses
• Clarification on undergrounding utilities
• Improve street tree standards
• Seek stakeholder input for public service provisions, i.e. stormwater
• Increase recycling rates
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COUNCIL MEETING May 22, 2012
• Technology and communications strategic plan
• Emphasis added on multimodal transportation systems
• Policy Map Revisions
• Provide a picture relating to the policy language described in the town
plan elements
• Green infrastructure map — remove some urban stream sections
• Green infrastructure map — add streams greater than 100 acres buffered
• Heritage resources map — simplified for easier reading
• Land Use map — Corner of Evergreen Mills /South King Street shows
community commercial on either northeast or southeast corner
• Land Use map — Land east of Izaak Walton changed from open space
designation to downtown land use
• Land Use map — add institutional uses to update map
• Roadway network — updated based on Loudoun road classifications
and fixed bus routes added
• Bicycle and pedestrian facilities map — updated sidewalks and trails
• June 11 Council work session
• June 12 Public Hearing
• Possible additional work session
• Adoption is required by mid -July by state code
• Planning Commission then reviews action program
Ann Bollinger} stated she does not approve of the draft town plan that
would provide a 233% increase in commercial density in the southwest area of
town, particularly at South King Street and Evergreen Mill Road. She requested
the density for this site not be increased. She stated there is no justification for
another grocery store in Leesburg.
Dwight Dopilka, stated the revisions to the town plan will likely have
some financial and economic impacts. He urged Council to weigh those impacts
carefully and noted no economic "score" has been performed to study these
revisions. He stated Objective 6 of the Natural Resources section, Item G, talks
about the Metropolitan Council of Governments regional programs to improve
air quality, promote and protect from air pollution. He questioned whether there
is currently an air pollution problem in Leesburg. He stated if air pollution is not
a problem, then this may invite unnecessary levels of regulation. He pointed out
Objective 8 which talks about unhealthful levels of aircraft noise and prohibiting
development in areas that have highway or aircraft noise levels at certain levels.
He questioned whether there are existing guidelines on development in those
areas. He stated he would like to ensure that businesses and individuals do not
have additional tax burdens placed on them by these amendments.
Molly Novotny, urban planner with Cooley, Goddard, stated they have
been retained by Lowe's to help them with development of their property on Rt.
7, also known as Leesburg Auto Park. She stated Lowe's submitted an
application in 2010 to develop a retail store on the property and they are currently
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COUNCIL MEETING May 22, 2012
preparing responses to the town's last set of comments. She stated the land use
designation of office does not fit with the current trend away from standalone
office parks to mixed use centers. She stated Lowe's is not looking to develop
residential, but would like to develop the store with complimentary uses such as
retail, restaurant and office uses. She stated they support the removal of regional
office as the land use designation; however, there is no guidance for this area.
She stated they would welcome the opportunity to work with town staff on
planning this area now, rather than waiting until a small area plan can be
developed in the future.
Peter Kalaris, expressed his support for the Planning Commission
recommendations that the community commercial designation on his property
have flexibility of location. Further, he stated he supports the Planning
Commission's inclusion in the draft of a 350,000 range in terms of potential size
for the community center because it allows a greater range of uses and design
flexibility. He stated they are working on the plan after meeting with citizen
groups in January. He stated many citizens are excited about the commercial
development and he has not heard any negative comments. He stated this area
is underserved by commercial development and has been for a long time.
Council Comments:
• It was noted that Battlefield Parkway between Evergreen Mill Road and
Route 15 South is funded primarily by VDOT
• Historic map did not address historic areas other than gateways; should
address historic locations
• Provide the source for changes to regional office parks /uses
• What is the guidance in the interim before small area plans are created?
11. RESOLUTIONS AND MOTIONS
a. Parks Master Plan
On a motion by Council Member Martinez, seconded by Council Member Butler,
the following was proposed. -
RESOLUTION2012 -058
Approving Master Plans for 16 Town Owned and Operated Parks
Council Comments:
• Master plan sets expectations
• Provide Council list of items to be taken into consideration when
developing final plans for undeveloped parks
Council Member Dunn made a motion to amend the language of the resolution
adding a whereas stating it Council has expressed interest in determining historic resources
at Veteran's Park prior to final development plans. The motion was seconded by Vice
Mayor Wright.
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COUNCIL MEETING May 22, 2012
The motion to amend was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
The main motion as approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
b. Support for Loudoun County Arts and Cultural District
On a motion by Council Member Burk, seconded by Council Member Butler, the
following was proposed:
RESOLUTION2012 -059
Recommending the Loudoun County Board of Supervisors Direct their Economic
Development Committee to Implement the Establishment of a Loudoun County
Arts and Cultural District to Enhance and Support the Leesburg Arts and Cultural
District
Council Comments/ Questions:
• Expanding arts and culture in the county is very positive
• Where is the proposed district and how will it benefit Leesburg?
Staff answer: Essentially the same boundaries as the Leesburg district.
Leesburg arts and cultural businesses will be able to take advantage of tax
incentives at the county level.
• Hesitation to direct the Board of Supervisors
• County and town mutually supporting each other to help bring the arts
and cultural district into being.
The motion was approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Dunn abstaining)
C. Letter of Support for Funding of the Extension of Miller Drive to Tolbert
Lane
On a motion by Council Member Butler, seconded by Council Member Martinez,
the following was proposed. -
MOTION2012 -010
I move to authorize the Mayor to sign the letter of support for Funding of the
Extension of Miller Drive to Tolbert Lane
Council Comments:
• Hope that the county will work on funding Crosstrail to Rt. 7
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COUNCIL MEETING May 22, 2012
• Proffered road improvement will not occur and road is needed now
Vice Mayor Wright offered a friendly amendment to note that much of the traf}ic
problem was created by the opening of the park and ride and Bolen Park. The friendly
amendment was accepted.
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
12. ORDINANCES
a. None.
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. None.
15. COUNCIL COMNIENTS
Council Member Dunn: Reminded everyone the third smallest national
cemetery, Balls Bluff, is in Leesburg and encouraged them to remember the Nation's
fallen heroes.
Vice Mayor Wright: Noted Relay for Life is coming up on June 2 at Heritage
High School and they are looking for a few more walkers. He thanked everyone for
their support in fundraising efforts. He disclosed a meeting with representatives of
Lowe's and with Ben Leigh regarding a potential project on Sycolin Road.
Council Member Burk: Disclosed a meeting on May 16 with Christine Gleckner
and Andrew Paint from Walsh Colucci on the Toyota appeal. She stated on May 9',
she spoke with the Association of Active and Retired Federal Employees and they
discussed the issues they feel are facing Leesburg. On May 10', she stated she attended
the Greenway kickoff at Clyde's Restaurant. She stated the Greenway donates one
day's worth of tolls to charity once a year. She stated she attended the Business
Appreciation Awards on May 16. She congratulated the nominees and the winners as
these awards highlight businesses of all sizes. She also disclosed a meeting with Peggy
Coleman and noted she is reaching out to all Ken Reid's nominees to see if they are
interested in continuing as her nominees. She stated she attended the VDOT meeting on
the Sycolin bridge. She stated she distributed a memo from Fairfax County on form
based code to everyone.
Council Member Martinez: Apologized for missing so many events. He stated
he is coaching baseball again and has a full schedule on Tuesdays and Thursdays.
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COUNCIL MEETING May 22, 2012
Council Member Hammler: Disclosed a phone call and an email from Hobie
Mitchell on May 11th dealing with an infill development project. She thanked Milt Herd
and Dieter Meyer for meeting with she and Council Member Butler prior to further
discussion on Form Based Code. She stated she met with Senator Herring on May 1 I
and did highlight to him some of the VML proposed budget amendments. She stated
her appreciation for VDOT's presentation about the Sycolin Bridge. She stated she
appreciated the citizens that provided feedback about noise barriers, tree save areas, and
impacts on Market Street due to road closure. She noted the need for some type of
notification of the light at Battlefield Parkway and Rt. 7 so cars have an opportunity to
slow down. She stated Supervisor Reid discussed with her that the Sheriff's office is not
willing to provide assistance at key intersections during peak hours on Sycolin Road.
She encouraged everyone to attend the VML Town Section meeting on Thursday. She
stated she emailed Michael Amyx at VML about the issue of eminent domain and how
the elected officials throughout the state need to be engaged because of the enormous
impacts this referendum will have. She stated Balch Library received a $10,000 grant
from the Loudoun Library Foundation to digitize Wage Radio tapes. She added that
there is a new exhibit at Balch Library called "Movements through a Day in the Life of
a Soldier" about the Civil War. She stated the fountain is up and running, but there is
some issues about the crumbling cement /stone apron around the fountain at Balch. She
congratulated the Utilities Department on the award that they earned from the Virginia
Department of Health. She thanked Terry Titus for his service. She extended her
condolences to John and Debbie Wells on the passing of Debbie's mother.
Council Member Butler: stated his intention to attend the VML Town Section
meeting. He also thanked Terry Titus for filling in on Council. He noted he has
participated in his fourth meatless Monday in a row. He stated he attended the rescue
squad open house. He also stated the Business Appreciation awards were fantastic. He
thanked Council Member Dunn for mentioning Balls Bluff cemetery and noted that
Memorial Day might be a good time to visit. He thanked Milt Herd, Dieter Meyer and
staff for meeting on Form Based Code.
16. MAYOR'S COMMENTS
Mayor Umstattd disclosed a meeting with John Andrews and Bechtel with
regards to the data center they are building outside of town with a power facility. She
stated they have reduced the megawattage down to a maximum of approximately 800
megawatts. She stated they are still looking to use 4 million gallons of treated
wastewater per day. She disclosed a meeting with Mike Banzhaf with regards to the
design of the townhouses and two- over -twos that are proposed for the Village at
Leesburg. She also disclosed a meeting with representatives of Leesburg Toyota
regarding the BAR issues and attempts to reach a compromise.
She thanked everyone for attending the Business Appreciation Awards. She
noted the winner in the Veteran's Affairs category, Knight Solutions, has the contract to
maintain Balls Bluff Cemetery. She welcomed everyone to come out for the Memorial
Day event on the courthouse green.
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COUNCIL MEETING May 22, 2012
17. MANAGER'S COMMENTS
Deputy Town Manager Kaj Dentler had no comments.
18. CLOSED SESSION
None.
19. ADJOURNMENT
On a motion by Council Member Butler, seconded by Mayor Umstattd, the meeting was
adjourned at 9:23 p.m.
AT
Clerk of
2012 tcmi 0522
`Kris e C. mstattd, Mayor
Town of Leesburg
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