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HomeMy Public PortalAbout1998_06_09TOWN COUNCIL MINUTES OF JUNE 9, 1998 A regular meeting of the Leesburg Town Council was held on Tuesday, June 9, 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. (arrived at 8:10 p.m.) Jewell M. Emswiller Joseph R. Troeino 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 Engineering and Public Works Thomas A. Mason Director of Utilities Randolph W. Shoemaker Director of Planning, Zoning and Development Michael Tompkins Director of Parks and Recreation Kaj Dentler Landscape Architect John Johnston Airport Manager Juan Rivera Planner Marilee Seigfried Town Attorney George Martin Clerk of Council Barbara Markland 1. INVOCATION was given by Councilmember Jewell M. Emswiller 2. SALUTE TO THE FLAG was led by Councilmember B. J. Webb 3. ROLL CALL all members of the Town Council were present except Councilmember William F. Webb. Councihnember Frank Buttery arrived at 8:10 p.m. CERTIFICATE OF APPRECIATION Mayor Clem presented Joanna Parrott with a Certificate of Appreciation for assisting the rescue squad by performing CPR on a heart attack victim, ultimately saving the individual's life. 5. OPEN FOR BUSINESS: Mr. Pierre Sosnitsky, introduced his new restaurant, The Eiffel Tower located at 207 Loudoun Street, S.W. Dr. Behzad Parva, introduced his new business Parva Plastic Surgery Center, 2 Cardinal Park Drive, S.E. PETITIONERS: Loudoun County Treasurer Roger Zum addressed the Council providing an update on the Project Fairness program. He reported that $61,564 in new levies and $64,383 in back taxes have been given to the Town of Leesburg as a result of the project. John Johnston, EAC Chairman Karen Richardson and EAC Vice-Chairman John Tolbert presented the Environmentally-Minded Teacher Award to Ms. Susan Hower, a pre-kindergarten teacher at Loudoun Country Day School. Ms. Hower introduced her students and stated this award would not have been possible without the help of all her students. Kelly Gower a resident of Clubhouse Drive, S.W., thanked the Mayor and Council for their help in working with VDOT to install crosswalks at the off/on ramps of Route 15. Mayor Clem reported that the crosswalks should be installed next week. -2- 7. COUNCILMEMBER COMMENTS Councilmember Kristen Umstattd stated, "apparently over the last week Cablevision of Loudoun ran an interview that I think did not do credit to the Leesburg Police Department and specifically the Chief of Police. In my opinion, having served on this Council now for one and one-half terms, the current chief, Chief Stiles, is doing a superb job as chief and has been from the day he took over that position. He has instituted probably the highest level of professionalism and excellence in any police department in the Commonwealth and every officer is expected to meet the highest standards. This is not always the case in police departments around the state but it is the case in Leesburg. I believe that we have the finest department with the finest personnel in the town. The equipment that they need to do their job is something Chief Stiles has fought long and hard for and often times against people like myself who feel that we should cut spending to the bone. But in the case of Chief Stiles, I have been happy to support almost all of his requests for funding for equipment because it is the equipment that provides our people, our police officers, with the ability to do their job accurately, efficiently and safely. So I would simply like to say that the Chief of Police has my full support as he continues to make improvements in the departme, nt in personnel. Finally, I would like to add that I have been extremely impressed with his promotional policies. Those officers who were the best and the brightest in the department under the previous chief but were not always promoted to the positions they now hold have been promoted to those positions by the current chief and they are superb officers and we should all be proud of them." Councilmember Joseph Trocino expressed support of the Friends of the Thomas Balch Library. He thanked Mayor Clem for his comments on Saturday, welcoming home the men and women of Charlie Company. Mr. Trocino stated, "ditto what my colleague Ms. Umstattd just underscored and I know that my other colleague Ms. Webb is about to. In the six years that I have been on Council, I think that if we have done one thing right it has been to reshape the police services in this town. And they have had 200 percent support from everyone that sat on this dais. How Chief Stiles could be doing something wrong right now I do not understand. The rumors that I have heard from what I saw on that cable presentation, just can't be correct from all the police officers that I've seen and I simply don't understand where th. at comes from. I think we are doing everything right with the police and they sure have my support and I will continue to do that. I don't think that it is appropriate for our public to think that something is wrong here in that department. We may not do some other things right but we are certainly doing that right." Councilmember Jewell Em. swiller welcomed Charlie Company home and welcomed Leesburg Today to their new home on the comer of King and Market Streets. Ms. Emswiller stated, "in the four years that I have served on Council, one of the things that I am most proud of is that I had something to do with hiring Chief Stiles and I have never regretted, for any time at all, hiring him. He has done a wonderful job for the town, the police deparmaent, for this Council. We can take a great deal of pride in the reflective glory that he brings upon this town by the many, many things that he has done." Councilmember B. J. Webb also welcomed Charlie Company home. Ms. Webb reported on a meeting held at the high school where the issue ofoffsite parking was discussed. Ms. Webb stated the students have thought of some great ideas and are working on solutions to this problem. A another meeting will be held to further discuss the issue. Ms. Webb stated, "we deal with personnel issues, if we have personnel problems, in executive session, at the Personnel Committee or with the Council of the Whole. We do not do it in the press. We do not do it in the media. We don't do it in sound bites. As Chairman of the Personnel Committee, I can tell you that I am not aware of any personnel problems at the police department. I can tell you that on Monday morning and Monday afternoon -3- and Monday night, I had over a dozen phone calls from members of our police department. Many of them long-term police officers. They were greatly disturbed that they had been portrayed as a department with moral problems. They were more greatly disturbed that they had been characterized as perhaps not being as budget conscious as they need to be. One of the officers said to me, and this is an officer who has been here for 20 years, 'you know if there is a problem it is that we have a police chief who has a commitment to excellence and that standard is required of every single person in this department and those that don't live up to that standard obviously don't succeed here.' Since Keith Stiles has been here I think we have seen a level of professionalism that I think is one of the best in the state. I am sorry that if any of the public had a misperception of our police department I want to ensure you that we have top flight professional officers on the street and that we are going to continue to have that level of excellence not only in the police department but we are working to achieve that level in every department of this town. I don't think that we as Council members or as citizens deserve any less. I want to thank the police department for working to achieve that." Ms. Webb wished Councilmember William Webb a speedy recovery. Councilmember Buttery also wished words of encouragement to Councilmember William Webb. Mr. Buttery encouraged the public to attend the open house at the new fire station on Plaza Street, as well as the new Public Safety Center. Mr. Buttery referred to a letter from the Friends of the Thomas Balch Library and asked that the letter be made a part of the official record. MAYOR'S REPORT - Mayor Clem attended a grand opening of a new business, Craftsman Auto Body, where Nascar driver Jeff Gordon was present to greet the citizens. Mayor Clem reported on the ceremony held on Saturday in honor of the men and women of Charlie Company and thanked Chairman Dale Myers and Parks and Recreation Director Kaj Dentler for their help with the ceremony. Mayor Clem attended a meeting with VDOT and town staff to secure TCC funding for the Town of Leesburg. Mayor Clem also wished Councilmember William Webb a speedy recovery. He invited the public to attend the open house of the new fire station and Public Safety Center on Saturday from 10 a.m. to 12 noon. Mayor Clem met with Mayor-elect Patricia Conway of Occoquan. Mayor Clem and Councilmember Buttery will hold a series of meetings with the rescue squad to address their needs. MANAGER'S REPORT - Mr. Brown announced that a Block Party Permit has been issued to the residents of Bethel Court to be held on June 13, 1998 from 1-4 pm. Mr. Brown wished Councilmember William Webb a speedy recovery. Councilmembers Buttery, Emswiller and B. J. Webb disclosed that they met with Jack Manton and Frank McDermott, representatives of Pence-Friedel. Councilmember Umstattd stated she too spoke with these individuals on the phone. 10. LEGISLATION: 10. (a) MOTION: On motion of Councilmember Umstattd, seconded by Councilmember Buttery, the following ordinance was proposed and adopted. 98-0-10 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE98- 04 SHERRI FAWZI, HOME BASED DAY CARE VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb 10. (b) MOTION: On motion of Councilmember B. J. Webb, seconded' by Councilmember Umstattd, the following ordinance was proposed and adopted. 98-0-11 - ORDINANCE - AMENDING SECTION 12.1-17 OF THE TOWN PERSONNEL MANUAL -4- VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, Nay: None Absent: Councilmember William F. Webb B. J. Webb, Mayor Clem 10. (e) (d) (e) (g) (h) (i) (j) (k) MOTION: On motion of Councilmember B. J. Webb, seconded by Counciimember Umstattd, the following resolutions were proposed as consent items and adopted. 98-127 - RESOLUTION - AWARDING A CONTRACT FOR BRICK SIDEWALK REPAIRS 98-128 - RESOLUTION - AUTHORIZING A CONTRACT WITH FUOG-INTERBUILD, INC., FOR DESIGN AND CONSTRUCTION OF AN EQUIPMENT STORAGE BUILDING 98-129 - RESOLUTION - AUTHORIZING REIMBURSEMENT FOR THE SEWER LINE EXTENSION FOR THE XEROX SEWER OUTFALL 98-130 - RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR RIVER CREEK PHASE II SECTION 2B (LANDBAY C) 98-131 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR RIVER CREEK PHASE II, SECTION 2 (LANDBAY C) 98-132 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR CROSSROADS BAPTIST CHURCH 98-133 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR SYCAMORE HILL PHASE I, SECTION I 98-134 - AUTHORIZING THE SALE OF SURPLUS PROPERTY VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb 10. (f) and (1) were referred to the June 16, 1998 Administration and Public Works Committee for further consideration. REGULAR AGENDA 10. (o) MOTION: On motion of Coun¢ilmember Buttery, seconded by Councilmember B.J. Webb, the following resolution was proposed and adopted by a roll call vote of 5-1-1. 98-135 - APPROVING THE BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1999 Councilmember Buttery_ expressed support of the budget. Councilmember Emswiller, as Chairman of the Finance Committee, commended the Town Council and the staff on this year's budget. Ms. Emswiller stated the Council was committed to not increasing taxes which created a challenge. Ms. Emswiller stated she will vote against the budget because the Council took from the town's reserve to balance the budget. Councilmember Umstattd stated the budget accomplishes her goal which was to not raise taxes. Ms. Umstattd stated the town's reserve is in good shape. She thanked Councilmember Emswiller for her hard work as Chairman of the Finance Committee. -5- Mayor Clem concurred that the town's reserve is in good shape. He too thanked Councilmember Emswiller for her hard work as Chairman of the Finance Committee. VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: Councilmember Emswiller Absent: Councilmember William F. Webb 10. (m) MOTION: On motion of Councilmember B.J. Webb, seconded by Councilmember Emswiller, the following ordinance was proposed and adopted. 98-0-12 ORDINANCE AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING REVISED PAY AND CLASSIFICATION PLAN VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb 10. (n) MOTION: On motion of Councilmember B.J. Webb, seconded by Councilmember Emswiller, the following resol, ution was proposed and adopted. 98-137 - AUTHORIZING THE TOWN OF LEESBURG'S PURCHASE OF 8.6289 ACRES OF LAND FROM THE WARD CORPORATION FOR LEESBURG MUNICIPAL AIRPORT Councilmember B. J. Webb stated the Airport Commission has worked long and hard on the airport's strategic plan and this purchase is an essential part of the strategic plan moving forward. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. 1. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb 10. (p) MOTION: On motion of Councilmember Umstattd, seconded by Councilmember Emswiller, the following resolution was proposed and adopted. 98-138 - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE TOWN'S SERVICE VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb 10. (q) MOTION: On motion of Councilmember Umstattd, seconded by Councilmember B.J. Webb, the following resolution was proposed and adopted. 98-139 - ADOPTING THE FISCAL YEARS 1999-2003 CAPITAL IMPROVEMENT PROGRAM Councilmember B. J. Webb stated, the town recently failed to obtain ISTEA funding for the Chancellor Street project. Ms. Webb made a motion to bring forward project #23, the $130,000 in 1999 for engineering and $290,000 for construction of the project. Councilmember Trocino seconded the motion. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, (Mayor Clem voted to consider the motion.) Nay: None Absent: Councilmember William F. Webb -6- Mayor Clem stated he would prefer this matter be referred to a special meeting of the Council because it involves land within the County and negotiating with the County. Councilmember B. J. Webb concurred, stating what she does not want to happen is the CIP would get approved and then have this project languish for another 12 months. VOTE ON RESOLUTION 98-139 Councilmember Umstattd stated, there are a couple of projects that she would not support but the vast majority of the projects are necessary, therefore, she will vote in favor of the CIP. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb NEW BUSINESS: 11. (r) MOTION: On motion of Councilmember Emswiller, seconded by Councilmember Buttery, the following resolution was proposed and adopted. 98-140 - AUTHORIZING REIMBURSEMENT TO CHELSEA GCA REALTY, INC., FOR WATER LINE CONSTRUCTION VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb On motion of, and duly seconded, the meeting was adjourned at 9:15 p.m. Clerk of Council J~ffaes E. Clem, Mayor Supporting the Thomas Balch Library of the Town of Leesburg FRIENDS OF THE THOMAS BALCH LIBRARY~ 1NC. P.O. Box 2184, Leesburg, Virginia 20177 June 15, 1998 Mayor James E. Clem and Leesburg Town Council P. O. Box 88 Leesburg, VA 20177 Dear Mayor Clem and Members of the Leesburg Town Council: The Friends of Thomas Balch Library wish to express our appreciation for the continuing support by the Leesburg Town Council. The renovation and expansion of the Thomas Balch Library is a primary goal of this organization, and will be a major tourist attraction and a great asset to the Town. We are happy to inform you that sixty:two hundred dollars ($6,200) in memorial donations were received just this past week. This brings our total balance raised to-date at thirty-three thousa~ld, four-hundred and eight dollars ($33,408). We are looking forward to working with you to complete this projoct. Sincerely, (Mrs.) Shirley M. Mann President The Friends of Thomas Balch Libra~. . Inc. is a 50l(c)3 corporation.