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