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Home My Public Portal About1997_11_12TOWN COUNCIL MINUTES OF NOVEMBER 12, 1997 A regular meeting of the Leesburg Town Council was held on Wednesday, November 12, 1997 at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia 20175, Municipal Government Center. The meeting was called to order by Mayor James E. Clem. COUNCILMEMBERS PRESENT J. Frank Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd B. J. Wel~b William F. Webb, Jr. Mayor James E. Clem STAFF MEMBERS PRESENT Town Manager Steven C. Brown Deputy Town Manager Gary A. Huff Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning & Development Michael Tompkins Chief of Comprehensive Planning Jerry Mucci Assistant Town Manager for Economic Development John Henry King Planner Marilee Seigfi-ied Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Markland 1. INVOCATION was given by Councilmember B. J. Webb 2. SALUTE TO THE FLAG was led by Councilmember William F. Webb, Jr. 3. ROLL CALL all members of the Town Council were present. 4. APPROVAL OF MINUTES MOTION: On motion of Ms. Umstattd, seconded by Ms. Webb, the regular meeting minutes of October 28, 1997 and the special meeting minutes of October 22, 1997 were approved as written. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None 5. PROCLAMATIONS MOTION: On motion of MS. Webb, seconded by Ms. Umstattd, the following proclamation was proposed and unanimously adopted. PROCLAMATION November 15, 1997 America Recycles Day WHEREAS, to focus the nation's attention on the importance of recycling, businesses, government, nonprofit organizations and individuals have joined together to celebrate "America Recycles Day" and are encouraging their employees and customers to pledge to start or enhance recycling programs and buy recycled products on November 15; and WHEREAS, participating in America Recycles Day is one way citizens can help raise awareness about the need to reduce waste by reusing, recycling and buying recycled products; and WHEREAS, recycling saves millions of dollars in disposal costs, creates jobs and is recognized as an easy way for everyone to help protect the environment by avoiding unnecessary use of important THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim Saturday, November 15, 1997, as America Recycles Day in the Town of Leesburg and urge all citizens of Leesburg to pledge to enhance their recycling efforts and buy recycled products. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None MOTION: On motion of Mr. Webb, seconded by Ms. Umstattd, the following proclamation was proposed and unanimously adopted PROCLAMATION NOVEMBER 16 - 22, 1997 AMERICAN EDUCATION WEEK WHERF~S, America's schools are the backbone of our democracy, providing each new generation with the tools to maintain our nation's precious values of freedom, civility, and equality; and WHEREAS, schools are the prima~y influence in children's lives aside from their fatllilies; and WHEREAS, by equipping young Americans with both practical skills and broader intellectual abilities, schools give them hope for, and access to, a productive future; and WHEREAS, schools are community linchpins, bringing together adults and children, educators and volunteers, business leaders and elected officials in a common enterprise; and 14qIEREAS, education employees - be they custodians or teachers, bus drivers or librarians - work tirelessly to serve our children and communities with care and professionalism; and WHERF. Z4S, there is nothing more crucial to the health and the future of our nation than education. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim November 16- 22, 1997, as American Education Week. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Willia/n F. Webb, Mayor Clem Nay: None MOTION: On motion of Ms. Umstattd, seconded by Mr. Buttery, the following proclamation was proposed and unanimously adopted PROCLAMATION NOVEMBER 16°, 1997 ST. JAMES' EPISCOPAL CHURCH 100rH ANNIVERSARY A T CORNWALL STREET WHEREAS, on Sunday, November 16, 1997, the congregation of the St. James' Episcopal Church will celebrate 100 years in the 14 Cornwall Street church building; and WHEREAS, the St. James' worshipers have congregated in Leesburg since 1734, 262 years, in what was first knova, as Cameron Parish and subsequently subdivided as Shelbourne Parish in 1769; and WHEREAS, the St. James' Episcopal Church has grown, along with the community it has so faithfully served, from an old log church called "The Chapel of Ease for the comfort of the people above Goose Creek" until 1801, then worshipping in the Presbyterian Church facility until their second church home was completed in 1812 and expanded in 1834 at the intersection of Market and Church Street which was called the "Old St. James's Church", moving to their present Cornwall church facility in 1897; and WHEREAS, the members of St. James' Episcopal Church have served the community for the betterment of our citizens in keeping with their baptismal covenant; and WHEREAS, the Presiding Bishop of the United States, The Most Reverend Edmond I. Browning will serve as Chief Celebrant and Preacher in concert with The Reverend John M. Smith, Rector and the congregation in worship and celebration of this auspicious anniversary on November 16, 1997. NOW THEREFORE BE IT RESOLVED, that the Mayor and Town Council of the Town of Leesburg in Virginia do hereby proclaim November 16, 1997, as St. James' Day in Leesburg and congratulate the congregation on the 100th Anniversary of the 14 Cornwall Street Church and BE IT FURTHER RESOLVED, that a copy of this proclamation be permanently included in the official records of thc Town of Leesburg. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None 6. PETITIONERS Mr. Ed Modzeleski, addressed the Council in support of opening a teen center in Leesburg. Mrs. Wiuifred Rapp, addressed the Council in support of opening a teen center in Leesburg. Ms. Gen Bingol, addressed the Council in support of opening a teen center in Leesburg. Mr. Jared Fausnaught addressed the Council in support of opening a teen center in Leesburg. Mr. Robert Palmer, representing thc YMCA, addressed the Council in support of opening a teen center in Leesburg. Mr. Adam Modzeleski, addressed the Council in support of opening a teen center in Leesburg. 7. PUBLIC HEARING: WAS DEFERRED 8. COUNC1LMEMBER COMMENTS Mr. Webb stated the Town Council needs to address the General Assembly this year regarding the control of residential growth in the Town of Leesburg. Mr. Webb stated the town's tax base needs help. Mr. Buttery announced that a presentation on Loudoun's History will be presented at the Balch Library on November 16, 1997. Mr. Buttery spoke of the Veteran's Day ceremony and thanked John Henry King for his efforts in assuring a successful ceremony. Ms. Umstattd echoed Mr. Buttery's comments regarding the Veteran's Day Memorial event. Ms. Umstattd stated the town needs to be prepared if action is taken to eliminate the personal property tax. Mr. Trocino welcomed Mr. Jay Banks, the town's new arborist. Mr. Trocino stated the VML's Legislative Committee will be holding a meeting regarding the elimination of the personal property tax at which the town needs to have a position ready to present. Mr. Trocino agreed with Mr. Webb's comments, stating the town needs more non-residential development. Ms. Emswiller agreed that if the personal property tax is eliminated, the town needs to have a plan in place to take it's place. Ms. Webb attended a Leadership Workshop on Saturday at the CIT building. Ms. Webb thanked Kiwanis Club member John Rocca for his efforts in the successful Halloween Parade. Ms. Webb congratulated Delegate Mims and May for a successful re-election, and congratulated all the candidates in the recent elections, as well. 9. MAyoR'S REPORT Mayor Clem attended the Tree Commission meeting and the Small Business Start-Up Workshop held on November 6, 1997. The first meeting of the Blasting Committee was held on November 6, 1997. 10. MANAGER'S REPORT Mr. Brown briefly reported on issues in the Manager's Report. 11. LEGISLATION (a) MOTION: On motion of Mr. Webb, seconded by Ms. Webb, the following ordinance was proposed and adopted. 97-0-37 - ORDINANCE - APPROVING REZONING APPLICATION #ZM-118 DRY MILL MANOR, BY KL OLDE TOWN, L.L.C. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None (b) MOTION: On motion of Mr. Trocino, seconded by Mr. Buttery, the following ordinance was proposed and adopted. 97-0-38 - ORDINANCE - AMENDING SECTION 4-8, AUTHORITY FOR ANIMAL WARDEN, OF THE TOWN CODE VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None MOTION: On motion of Ms. Wcbb, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 9%259 RESOLUTION - URGINING COUNTY ADHERENCE TO ESTABLISHED TRANSPORTATION PLANS AND RESPECT FOR TOWN DEVELOPMENT VOTE: Aye: Councilmembcrs Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None (d) MOTION: On motion of Ms. Webb, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 97-260 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING FOR ISTEA ENHANCEMENT GRANT PROJECTS VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None (e) through (j) MOTION: On motion of Ms. Webb, seconded by Ms. Umstattd, the following resolutions were proposed as consent items and adopted. 97-261 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN OLD WATERFORD KNOLL SECTION 3 9%262 - RESOLUTION DECLARING THE DEVELOPER OF KINCAID FOREST SUBDIVISION SECTION 10A IN DEFAULT OF ITS CONTRACT FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND AUTHOI~IZ~NG THE TOWN MANAGER TO PREPARE AND SIGN THE DOCUMENTS NECESSARY TO REQUEST PAYMENT OF THE PEROFMRANCE GUARANTEE FUNDS 9%263 - RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PER}ORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR POTOMAC STATION SECTION :}AB 9%264 - RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR POTOMAC STATION SECTION 2EF 9%265 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR RIVER CREEK PHASE IV, SECTION I (LANDBAY E) 97-266 - RESOLUTION - CANCELING THE DECEMBER 16, 1997, PLANNING AND ZONING, FINANCE AND ADMINISTRATION AND PUBLIC WORKS COMMITTEE MEETING AND THE DECEMBER 23, 1997, TOWN COUNCIL MEETING VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None Abstain: Cotmcilmember Trocino from 1 Id, j) On motion of, and duly seconded, the meeting was adjourned at 8:45 p.m. Clerk of Council ./~es E. Clem, Mayor