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HomeMy Public PortalAbout1998_04_14TOWN COUNCIL MEETING MINUTES OF APRIL 14, 1998 A regular meeting oftbe Leesburg Town Council was held on Tuesday, April 14, 1998 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. Webb William F. Webb, Jr. (absent) Mayor James E. Clem STAFF MEMBERS PRESENT Town Manager Steven C. Brown Deputy Town Manager Gary A. Huff Director of Finance Paul E. York Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning and Land Development Michael Tompkins Director of Parks and Recreation Kaj Dentler Planner Marilee Seigfried Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Assistant Town Manager for Economic Development John King Clerk of Council Barbara Markland 1. INVOCATION was given by Councilmember Jewell M. Emswiller 2. SALUTE TO THE FLAG was led by Councilmember Joseph R. Trocino 3. ROLL CALL all members of the Town Council were present except Couneilmember William F. Webb, Jr. 4. APPROVAL OF MINUTES MOTION: On motion of Councilmember Buttery, seconded by Councilmember Emswiller, the special meeting minutes of March 17, 1998, and the regular meeting minutes of March 24, 1998 were approved as written. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb 5. CERTIFICATES OF APPRECIATION: Councilmember Umstattd and Mayor Clem presented certificates to The Loudoun County Branch of the NAACP and to Mr. Charles C. Thornton, Jr., for their efforts and participation in the first U. S. Vice-Presidential Forum on School Construction, held on April 8, 1998, in Loudoun County, and for bringing national attention to the educational needs of the children in the Town of Leesburg and Loudoun County. MOTION: On motion of Councilmember B. J. Webb, and seconded by Councilmember Umstattd, the following resolution of respect was presented and unanimously adopted. Resolution of Respect in memory of Ma Lois Armstrong WHEREAS, Lois Armstrong of Leesburg died Sunday, April 12, 1998, at the age of 81; and WHEREAS, Ms. Armstrong was born in 1917 in Galveston, Texas, living most of her early childhood years in Honduras; and WHEREAS, after the Great Depression, Lois moved to Columbus, Ohio, where she began taking dance classes and at the age of 13, began teaching dance; and -2- WHEREAS, Ms. Armstrong moved to Chicago as a young woman, dancing professionally with well-known celebrities such as Jimmy Durante, Eddie Kanter, Eddie Duchin, Sr., and the Bob Crosby Orchestra; and WHEREAS, Lois took part in the first USO show; and WHEREAS, at the age of 25, Lois married Frank Armstrong, Jr., and moved to New York City where she gave birth to two sons, Frank C. Armstrong III andFred M. Armstrong; and WHEREAS, while living in Darien, Connecticut, Ms. Armstrong was president and publicity chairman of the YWCA. There she taught dance for the YWCA and was heavily involved in fimdraising; and WHEREAS, in 1959, the Armstrongs moved to Loudoun County, where Lois was a volunteer for many Loudoun organizations. She was a 10 year member of the board of Keep Loudoun Beautiful, a five-year member of the board of the American Red Cross, served on the Republican Committee, and the YMCA; and WHEREAS, Ms. Armstrong began the Soroptomist Club in Loudoun County and with the help of Francis Ratio, Helen Hunt and many others began a thrift shop now known as Blossom and Bloom; and WHEREAS, Ms. Armstrong worked with Barbara Dutton to raise money for the Loudoun Museum by putting on fashion shows; and WHEREAS, for the past 10 years, Ms. Armstrong has worked as a member of the YMCA and, with the help of Marilyn Naylor, initiated the Chocolates Galore fund-raiser which has become one of the most successful fundraising events; and WHEREAS, Lois's numerous fundraising efforts have always been directed to providing children with oppommities to improve their mind, spirit and body. THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy to Ms. Armstrong's family and to all who knew her; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to her family. VOTE: Aye: Councilmembers Buttery, Em. swiller, Trocino, Umstattd, B. $. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb MOTION: On motion of Councilmember B. J. Webb, and seconded by Councilmember Buttery, the following resolution of respect was presented and unanimously adopted. RESOLUTION OF RESPECT in memory of CARL WILLIAM GREGG WHEREAS, Carl William Gregg of Leesburg died Sunday, April 5, 1998, at the age of 86; and WHEREAS, Mr. Gregg served the Town of Leesburg as a member of the Leesburg Airport Commission from April 27, 1977, until June 30, 1987, and was appointed Chairman in the late 80's; and WHEREAS, after resigning from the Airport Commission in 1987, Mr. Gregg continued to work with the Airport Commission as a consultant for many years thereafter. THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy to Mr. Gregg's family and to all who knew him; and BE ri' FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to his family. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb MOTION: On motion of Counciimember B. J. Webb, and seconded by Councilmember Buttery, the following proclamation was presented and unanimously adopted. -3- PROCLAMATION in honor of NATIONAL DA Y OF PRA YER VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb MOTION: On motion of Councilmember Buttery, and seconded by Councilmember Emswiller, the following proclamation was presented and unanimously adopted. PROCLAMATION in honor of ARBOR DAY FOR THE TOWN OF LEESBURG VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattck B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb 6. PETITIONERS - Mayor Clem announced, due to the number of speakers that have signed up and the length of the Agenda, the five-minute rule will be in effect. Mr. Charles Thornton addressed the Council regarding the Loudoun County High School Lacrosse team. He thanked the Council for the use of the Ida Lee Park fields. Mr. Thornton expressed support of the lighted balls fields proposed in the Ida Lee Park Master Plan. Mr. Hubbard Turner a resident of the County Club Subdivision addressed the Council regarding the proposed legislation on blasting. Mr. Turner expressed concern with the pre-survey inspection of homes, stating this violates the privacy and security of the homeowners. Mr. Turner stated, all information received from a pre-survey inspection should be returned to the homeowners. Mr. Turner expressed concern with the exposure of radon at~er blasting, and that the proposed ordinance supports non-instrumental blasting. Ms. Kelly Gower a resident of the Country Club Apartments addressed the Council regarding pedestrian access to downtown Leesburg. Ms. Gower requested that crosswalks be painted on the Route 7 off-ramps and on Davis Avenue at South King Street. Mayor Clem assured Ms. Gower that these crosswalks would be installed. Mr. Tim McDonough a resident of Ashton Downs addressed the Council requesting lighted balls fields at Ida Lee Park as proposed in the master plan. 7.a. PUBLIC HEARING TO CONSIDER THE PROPOSED BUDGET FOR FISCAL YEAR JULY 1, 1998 - JUNE 30, 1999 Mr. Brown provided a slide presentation and the staff report. Mr. Ted London and Mr. Leland Mahan, representing the Loudoun County Small Business Development Center, addressed the Council requesting continued funding. Ms. Lynne Vlad representing MotherNet Loudoun, addressed the Council requesting funding. Councilmember Buttery asked how much funding is received from Freddie Mac? Ms. Vlad stated, a $400,000 grant over a 3 year period. Councilmember Umstattd asked if MotherNet was a national organization? Ms. Vlad stated, yes. Ms. Tracie Gillespie, Director of the Loudoun Museum, thanked the Council for their support and requested funding of $10,000 for fiscal year 1998/99. Councilmember B. J. Webb asked, how many walking tour brochures are given out to the public per year? Ms. Gillespie stated, a couple of thousand. Ms. Kristine Young, Treasurer of the Loudoun Tourism Council, requested funding in the amount of $89,400. Mr. Frank Ratio a resident of Leesburg, addressed the Council stating the town is in good shape, citing the utility's fund balance. He suggested including the town's debt service in next year's budget. Mr. Ratio complimented the Council and town staff on the proposed budget. Mr. Craig Lane a resident of 613 Cobbler Terrace, addressed the Council regarding the budget. Mr. Lane pointed out the difference in services received by single family homeowners compared to town house owners. He spoke in opposition to the increase in the tax rate. Ms. Shirley Mann, representing the Thomas Baleh Library, requested continued funding. Ms. Mary_ Fishback representing the Thomas Balch Library, requested continued funding and urged the Council to move forward with the renovation of the library. Ms. Cufleen Addison representing the Loudoun House Coalition requested funding of $10,500. Ms. Brenda Douglas representing the Library Foundation/August Court Days requested funding of $7,100. Ms. Winifred Rapp addressed the Council in support of the Thomas Balch Library and a Teen Center in Leesburg. Mr. Rick diZerega, President of the Leesburg Volunteer Fire Company addressed the Council requesting additional funding. Mr. Chuck Wyatt Treasurer of the Leesburg Volunteer Fire Company stated it may be time to address a fire tax. Mr. Sydney Lord a resident of Woodlea Manor urged the Council to move forward with the connection of the W&OD Trail to Chancellor Street. Mr. Randy Bozarth a resident of the Country Club Subdivision spoke in support of the trail connection at Chancellor Street. He requested the Council to allocate the necessary funds for this project. Mr. Steve Robin representing the Bluemont Concert Series requested continued funding and an additional increase of $15,000. Mr. Howard Dawlay representing the Loudoun County Rescue Squad requested an increase in funding. Ms. Patti Russell, President of the Loudoun County Rescue Squad requested an increase in funding to $80,000. Mr. Harry Householder President of the Loudoun County Rescue Squad Auxiliary, requested an increase in funding. Mr. Leonard McDonald a resident of Leesburg expressed support of the increased funding for the Leesburg Volunteer Fire Company and the Loudoun County Rescue Squad. He stated the loss at the Leesburg Airport needs to be reduced and the Council must set their priorities with regard to the Capital Improvement Program. Mr. Andrew Remuzzi, representing the Loudoun County Rescue Squad requested an increase in funding. The public hearing was closed. No additional comment was received. This matter was referred to the April 15, 1998 budget work session for further consideration. -5- 7.b. PUBLIC HEARING TO CONSIDER AN INCREASE IN MEALS TAX - Mr. Brown provided the staff report. Mr. Leonard McDonald stated, the majority of meals taxes are paid by Leesburg residents not by out of town visitors. Mr. McDonald spoke against the proposed increase. No additional public comment was received. The public hearing was closed. This matter was referred to the April 15, 1998 budget work session for further consideration. 7.c. PUBLIC HEARING TO CONSIDER AN INCREASE IN THE 1998 REAL PROPERTY TAX RATE - Mr. Brown provided the staff report. No public comment was received. The public hearing was closed. This matter was referred to the April 15, 1998 budget work session for further consideration. 8. COUNCILMEMBER COMMENTS Councilmember Frank Buttery pointed out that on April 15, 1998 the Leesburg Police Support Team will be recognized as Loudoun County's 1997 Outstanding Volunteer Adult Team. Councilmembcr Kristen Umstattd had no comment, given the lateness of the hour. Councilmember Joseph Trocino also had no comment, given the lateness of the hour. Councilmember Jewell Emswiller stated, if all town residents gave a minimum of $5.00 to the fire company and rescue squad, these volunteers would not have to come to the town requesting additional funding. Ms. Emswiller spoke in favor of the increase in meals tax. Councilmember B. J. Webb spoke of safety concerns on the bike trail, stating the NVRPA rejected the suggestions of the Leesburg Police Department. Ms. Webb stated the Council needs to discuss this matter in detail. Ms. Webb received correspondence from Congressman Wolf regarding the slot rule and perimeter roles at the Reagan National Airport. Ms. Webb suggested the Council adopt legislation in support of Congressman Wolf's suggestions. Councilmember Trocino suggested inviting Mr. McCrary of the NVRPA to a Town Council meeting to address Ms. Webb's concerns about the bike trail. Councilmember B. J. Webb commented on the public meeting to be held by Loudoun County's Director of Parks and Recreation Cindy Welsh on Banshee Reeks Park and pointed out that this meeting is scheduled at the same time the Town Council meeting is. Ms. Webb requested full support and attendance by the Town Council at the April 15, meeting on the proposed courts complex. 9. MAYOR'S COMMENTS Mayor Clem asked staff to look into the crosswalks, lights and signs for pedestrian crossing. He thanked the Loudoun County Board of Supervisors for their support of the proposed water tank site. Mayor Clem also thanked Mr. Brown and Chief Stiles for sending an employee to attend the upcoming suicide prevention seminar. 10. MANAGER'S REPORT - Mr. Brown had no further comment from what was contained in the report. 11. LEGISLATION ll.a. MOTION: Councilmember Trocino made a motion to remove the time restriction contained in the special exception. This motion failed due to the lack of a second. MOTION: On motion of Councilmember Umstattd, seconded by Councilmember Emswiller, the following ordinance was proposed and adopted as written. 98-0-04 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-97- 08 CORNERSTONE CHAPEL DAY CARE/PRESCHOOL -6- VOTE: Aye: Coun¢ilmcmbers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Coun¢ilmcmber William F. Webb 11. (b) MOTION: On motion of Coun¢ilmember B. J. Webb, seconded by Couneilmember Troeino, the following resolution was proposed and adopted. 98-87 - RESOLUTION - AMENDING THE ENVIRONMENTAL ELEMENT OF THE 1997 TOWN PLAN CONCERNING IMPACTS RESULTING FROM NEW DEVELOPMENT VOTE: Aye: Councilmembers Buttery, Emswiller, Troeino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb 11. (c) MOTION: On motion of Councilmember B. I. Webb, seconded by Councilmember Trocino, the following ordinance was proposed and adopted as amended by Councilmember Umstattd. 98-0-05 - ORDINANCE - AMENDING THE TOWN CODE TO ADOPT FURTHER REGULATIONS REGARDING BLASTING VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, UmstattA, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb 11. (d) MOTION: On motion of Councilmember B. J. Webb, seconded by Coun¢ilmember Umstattd, the following ordinance was proposed and adopted. 98-0-06 - ORDINANCE - AMENDING SECTIONS 12.1-17 AND 12.1-26 OF THE TOWN CODE AND PERSONNEL MANUAL VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb 11. (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o) MOTION: On motion of, and duly seconded, adopted. the following resolutions were proposed and 98-88 - RESOLUTION - INITIATING AND REFERRING AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE TO DEFINE AND PERMIT ASSISTED LIVING RESIDENCES 98-89 - RESOLUTION - INITIATING AND REFERRING AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE TO REQUIRE SUBMISSION OF PROOF OF PAYMENT OF DELINQUENT REAL ESTATE TAXES 98-90 - RESOLUTION - ADOPTING THE FY 99 PASS FEE SCHEDULE FOR THE IDA LEE PARK RECREATION CENTER 98-91 RESOLUTION - AWARDING AN ADDITIONAL SERVICE TO BOWIE GRIDLEY ARCHITECTS FOR FURNITURE DESIGN FOR THE THOMAS BALCH LIBRARY RENOVATION AND EXPANSION PROJECT -7- 98-92 - RESOLUTION - AUTHORIZING AN EASEMENT TO NORTHERN VIRGINIA ELECTRIC COOPERATIVE (NOVEC) FOR RELOCATION OF AERIAL UTILITIES FOR SYCOLIN ROAD IMPROVEMENTS 98-93 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT EXETER SUBDIVISION SECTION 6 98-94 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT LEELAND HEIGHTS 98-95 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN POTOMAC CROSSING 3B-1 98-96 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR WOODLEA MANOR PHASE 4 98-97 - RESOLUTION - AUTHORIZING THE MAYOR TO EXECUTE A LETTER TO THE TOWN'S FEDERAL LEGISLATORS COMMENTING ON THE PROPOSED INTERNET TAXATION FREEDOM ACT 98-98 - RESOLUTION - AUTHORIZING A STREET CLOSING FOR THE LOUDOUN MUSEUM'S GARDEN TOUR VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: Councilmember Umstattd fi.om 11 .(h) Abstain: Councilmember B. J. Webb from 11. (k) Absent: Councilmember William F. Webb 12. NEW BUSINESS MOTION: On motion of Councilmember Trocino, seconded by Councilmember Buttery, the following motion was made. Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the Leesburg Town Council convene in Executive Session. The authority for this Executive Session is found in Section 2.1-344 (a), Subsection (5) of the 1950 Code of Virginia, as amended. The purpose of this Executive Session is to discuss the expansion of an existing business. The Town Manager, Assistant Town Manager for Economic Development and Deputy Town Attorney are requested to remain for the meeting. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb MOTION: On motion of, and duly seconded, the following resolution was proposed and adopted. 98-99 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF APRIL 14, 1998 VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb -8- MOTION: On motion of, and duly seconded, the meeting was adjourned at 11:00 p.m. J~es E. Clem, Mayor Clerk of Council