HomeMy Public PortalAbout1997_10_28TOWN COUNCIL MINUTES OF OCTOBER 28, 1997
A regular meeting of the Leesburg Town Council was held on Tuesday, October 28, 1997, at 7:30 p.m. in
the Council Chambers, 25 West Market Street, Leesburg, Virginia, Municipal Government Center. The meeting
was called to order by Mayor James E. Clem.
COUNC1LMEMBERS PRESENT
J. Frank Buttery, Jr.
Jewell M. Emswiller
Joseph R. Trocino
Kristen C. Umstattd
B. J. Webb
William F. Webb, Jr.
Mayor James E. Clem
STAFF MEMBERS PRESENT
Town Manager Steven C. Brown
Deputy Town Manager Gary A. Huff
Deputy Town Attorney Deborah Welsh
Director of Engineering and Public Works Thomas A. Mason
Director of Planning, Zoning and Development Michael E. Tompkins
Assistant Town Manager for Economic Development John King
Clerk of Council Pro Tern Mary Mack
I. INVOCATION was given by Councilmember William Webb
2. SALUTE TO TIIE FLAG was led by Town Manager Steven C. Brown
3. ROLL CALL - all members of the Town Council were present.
4. APPROVAL OF MINUTES:
MOTION: On motion of Councilmember B. J. Webh, seconded by Councilmember Buttery, the minutes of
October 14, 1997 and October 8, 1997 were approved as written.
VOTE:
Aye: Buttery Emswiller, Trocino, B. J. Webb, Wm. Webb, Umstattd and Clem
Nay: None
Abstain: Councilmember Umstattd abstaining for the October 14th meeting vote.
5. PETITIONERS
Councilmember B. J. Webb introduced two members of the Dogwood Ball Committee.
Ben Lawrence, Chairman of the Committee outlined the goal of the committee to plant as many Dogwood trees as
possible along the Bypass and asking for the Town's participation stating that they will maintain the trees for the
first year, but then the Committee hopes the Town will take over. He explained that the Committee hopes to have
a blight free variety and announced that four test trees have been planted to observe how they will fare.
Danny Osteen, a member of the committee and a member of the Town's Tree Commission was introduced and
outlined the plans for the planting of the Dogwood trees from Battlefield Parkway to Edward's Ferry Road.
Dave Bowers was present representing the NVBIA Loudoun County Outreach Committee. He spoke of the
recently held NVBIA Leesburg 10K race which donated funds to various organizations. He thanked the town for
their participation in providing police and public works assistance and presented the Council-members with T-
shirts commemorating the race.
John Richardson a resident of Potomac Crossing presented a letter from his wife concerning the evaluation of
damages and education regarding blasting. He emphasized that there is a concern for having no historical data
regarding long term exposure to blasting. Mayor Clem asked that this information be disseminated to the new
Blue Ribbon Committee on blasting.
John Rocca was present on behalf of the Leesburg Kiwanis Club to invite everyone to the Leesburg Halloween
Parade. He outlined the time and date of the parade and urged everyone to participate. He reported, that the
parade route has been changed and will proceed straight on King Street. Mayor Clem thanked him for his efforts.
Fred Flemming was present on behalf of the Loudoun Education Foundation emphasizing the good work of the
Foundation and asked for contributions from the Town through the United Way from the one million dollar gift
recently received by the Town for education.
Karen McGrory a resident of Potomac Crossing was present to request investigation of the number of accidents
that are occurring at the intersection of Battlefield Parkway and the Bypass. Mayor Clem acknowledged the
problem at that intersection and stated staff would review the speed limit on the Bypass again. He also expressed
concern with approaching that intersection from west to east.
Dean Worcester, attorney on behalf of International Pavilion and the Cart Family was present to ask the Council to
not act on the authorization to condemn the property in question for the Chelsea/Bypass connection. Mr.
Worcester spoke of the conflict with the Sheetz application and how his clients would be affected by this action.
He stated he feels this action is premature until someone meets with VDOT regarding the high capacity "T". Mr.
Worcester stated, the proffers on this project address this and that there does not have to be a high capacity "T".
Mr. Worcester stated, if condemnation proceedings are authorized and there is an attempt at condemnation of his
client's property to acquire right-of-way, it will be vigorously contested. He suggested the town staff attempt to
work this out before taking this "drastic" step. Mayor Clem clarified that the road system in the Town Plan was
not designed and adopted for Chelsea. He advised that a letter has been sent to Mrs. Cart to discuss what needs to
be done in that area.
6. COUNCILMEMBER COMMENTS
William Webb spoke of his request to discuss controlling residential growth and stated that if there is going to be
any action taken it needs to happen before January when the legislative matters will be considered.
Mr. Buttery endorsed the news releases regarding the small business pre-startup workshop and the annual leaf
collection schedule. He thanked Senator Waddell for bringing attention to the concerns at the Sycolin Road
interchange. Mr. Buttery pointed out that the police are in the new public safety center which is open for visitors.
Ms. Umstattd echoed Mr. Webb's comments and Mr. Buttery's thanks to Senator Waddell. She spoke of the
Town's need to endorse a policy statement of the NVPDC on trying to prevent local authority over zoning issues
from being pre-empted by the FCC with regard to the siting of proposed large towers in conjunction with the
digitalizafion of all TV signals within ten years. She urged the town's passage endorsing this.
Mr. Trocino .reported on a meeting he attended in Charlottesville. He commented on the letter in the packet
commending two of Leesburg's police officers.
Ms. Emswiller reported, she had attended the Virginia Mtmicipal League in Hampton.
Ms. B. J. Webb reemphasized the United Way campaign and endorsed the Dogwood Ball Committee. She also
reported on her visit to the new police station and urged everyone to observe the technology involved in the design
of the building. Ms. Webb urged every one to vote next week. She reported on the new Cessna 172 at the
Leesburg Airport and the articulation agreement of Shenandoah University with NOVA giving students an
opportunity to transfer after two years with a minimum of red tape. She urged everyone to attend the Halloween
Parade. Ms. Webb met with representatives of International Pavilion.
7. MAYOR'S REPORT
Mayor Clem thanked everyone who participated in the recent retreat held by the Town Council. He attended the
recent opening of the new skate park at Douglass School and reminded everyone that next Tuesday's meetings are
scheduled for Wednesday due to the elections.
Mayor Clem asked Town Manager Steven Brown to find a qualified person to install the chair lift for the Loudoun
Museum and announced the members of the Blue Ribbon Committee on Blasting are Perry Lee, Jeff Flippo, Bruce
Clendenin, Jeff Cowart, Karen Richardson, Mayor Clem with Dr. Edward J. Walker to serve as consultant to the
panel. The first meeting of the committee will be on Thursday, November 6th, at 4:30 p.m., the Town Manager is
requested to attend.
8. MANAGER'S REPORT
Mr. Brown referred everyone to the Manager's report and announced the leaf collection schedule has been
published. The LEDC will hold an informal meeting at Virginia Kitchen on October 29th at 7:45 a.m. The new
hours are in effect at Ida Lee. He thanked Calvin Grow and Vice Mayor Webb for representing the Town at the
TCC technical committee which will propose funding for $700,000 for Battlefield Parkway and $100,000 for
traffic signal coordination.
Mayor Clem also recognized Vice Mayor Webb and Mr. Grow for their efforts on behalf of the Town at the TCC
meetings.
Councilmember Emswiller announced her attendance along with John Henry King at a meeting of the Virginia
Economic Developers Association held at the CIT building.
Mayor Clem congratulated the Mount Zion Methodist Church on North Street on the celebration of their 130~
Anniversary last week. Mt. Zion is the oldest known continuing black church in the State of Virginia.
9. LEGISLATION
MOTION:
On motion of Councilmember William Webb, seconded by Councilmember B. J. Webb, the following resolution
was proposed and adopted:
97-248 - RESOLUTION - INITIATING AN AMENDMENT TO SECTION 5B OF THE ZONING
ORDINANCE CONCERNING THE H-2 CORRIDOR
VOTE:
Aye:
Nay:
Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William Webb, Mayor Clem
None
VOTE:
Aye:
Nay:
Abstain:
97-252 -
PUBLIC
97-251 -
PUBLIC
97-250 -
PUBLIC
On motion of Councilmember William Webb, seconded by Councilmember B. J. Webb, the following resolution
was proposed and adopted:
97-249
RESOLUTION - AUTHORIZING THE DEPUTY TOWN ATTORNEY TO INITIATE
CONDEMNATION PROCEEDINGS TO ACQUIRE THE NECESSARY RIGHT-OF-WAY TO
IMPROVE FORT EVANS ROAD AS REQUIRED BY THE COMPREHENSIVE TOWN PLAN
AND ORDINANCE NO. 97-0-06
Deputy Town Attorney Deborah Welsh explained that this resolution will allow beginning talks and negotiations
with the Cart family.
VOTE:
Aye:
Nay:
Trocino, Umstattd, B. J. Webb, William Webb and Mayor Clem
Buttery and Emswiller
MOTION:
On motion of Councilmember Trocino, seconded by Councilmember Umstattd, the following resolutions were
proposed as consent items and unanimously adopted, with the exception of Councilmember B. J. Webb, abstaining
from the vote on Resolution No. 97-251
RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
IMPROVEMENTS INSTALLED IN OLD WATERFORD KNOLL SECTION 2B
RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
IMPROVEMENTS INSTALLED IN LEELAND HEIGHTS
RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
IMPROVEMENTS INSTALLED IN THE TOWN-ES OF VANDERBILT SECTION 3
97-253 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR POTOMAC STATION
SECTION 6A
97-254 - RESOLUTION - MAKING A REDUCTION OF THE PEROFRMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN SYCAMORE HILL PHASE I SECTION H
97-255 - RESOLUTION - AUTHORIZING SETTELMENT OF THE NORMAN L MYERS, TRUSTEE
VERSUS BOARD OF SUPERVISORS OF LOUDOUN COUNTY, ET. AL. CASE
97-256 - RESOLUTION - ENDORSING THE POLICY CONCERNING THE REVIEW OF
TELECOMMUNICATIONS FACILITIES WITHIN PUBLIC RIGHTS-OF-WAY PROPOSED BY THE
NORTHERN VIRGINIA PLANNING DISTRICT COMMISSION
Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William Webb and Mayor Clem
None
Councilmember B. J. Webb from Resolution No. 97-251
10. NEW BUSINESS
MOTION:
On motion of Councilmember Umstattd, seconded by Councilmember B. J. Webb, the following resolution was
proposed and adopted.
MOTION:
97-257
RESOLUTION RESPONSE TO FCC RESOLUTION NO. 97-296 CONCERNING
PREEMPTION OF STATE AND LOCAL AUTHORITY GOVERNING THE SITING OF
RADIO AND TELEVISION BROADCAST TRANSMISSION TOWERS.
VOTE:
Aye: Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William Webb and Mayor Clem
Nay: None
The meeting adjourned at 9:58 p.m.
~lerk of Council
a~es E. Clem, Mayor