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Home My Public Portal About1998_07_28TOWN COUNCIL MEETING MINUTES OF JULY 28, 1998 A regular meeting of the Leesburg Town Council was held on Tuesday, July 28, 1998 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 Clem. COUNCILMEMBERS PRESENT Frank Buttery Leonard McDonald Joseph R. Trocino Kristen C. Umstattd B. J. Webb Robert Zoldos Mayor James E. Clem STAFF MEMBERS PRESENT Deputy Town Manager Gary A. Huff Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning & Development Michael Tompkins Director of Parks and Recreation Kaj Denfler Assistant Town Manager for Economic Development John King Planner Marilee Seigfried Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Markland 1. INVOCAT/ON was given by Vice-Mayor B. J. Webb 2. SALUTE TO THE FLAG was led by Deputy Town Manager Gary A. Huff 3. ROLL CALL all members of the Town Council were present. 4. APPROVAL OF MINUTES MOTION: On motion of Councilmember Buttery, seconded by Councilmember Umstattd, the special meeting minutes of June 24, 1998, July 21, 1998 and the regular meeting minutes of July 14, 1998 were approved as written. VOTE: Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem Nay: None Abstain: Councilmembers McDonald and Zoldos from 4. (a). Mayor Clem from 4. (c). CERTIFICATES OF APPRECIATION were presented to George F. Atwell and Catherine Dodds for their years of service as members on the Thomas Balch Library and Parks and Recreation Commissions, respectively. Mayor Clem also presented a certificate to John Chambless for his years of service reporting the town's news as a reporter with the Leesburg Today. 6. PETITIONERS Ms. Cheryl Kildav, representing the Loudoun Tourism Council (LTC) addressed the Town Council providing an update of LTC's accomplishments. Ms. Kilday provided the Council with a copy of a feature story of Leesburg and Middleburg in Southern Living Magazine. Mr. Bruce Duer a resident of 5 Memorial Drive, N.W. addressed the Council suggesting the installation of streets lights which are more compatible with the historic district, tree planting in the center island of Memorial Drive and the installation of a stop sign to slow traffic. 7. a. PUBLIC HEARI31G to consider Special Exception App~iication #SE-98-07 Mount Zion United Methodist Church addition. -2.:- ~,, ~ Ms.. Seigfried provided the staff report. General Charles Williams representing Mt. Zion was present and addressed the Council. Mr. Bruce Mitchell, construction manager for the project, addressed the Council thanking Ms. Seigfried for her help throughout the process. -2- No additional public comment was received. The public hearing was closed. This matter was referred to the August 4, 1998 Committee agenda for further consideration. 7. b. PUBLIC HEARING to consider Special Exception Application #SE-98-05 World Gym Fitness Center at Battlefield Shopping Center was postponed to September 8, 1998. 8. COUNCILMEMBER COMMENTS Vice-Mayor B. J. Webb stated, the NVRPA has been reluctant in the past to assist the Lecsburg Police Department with barring individuals from the bike path who are drank in public, or obstructing individuals who use the bike path for recreational purposes, until they received notice from the State Supreme Court that these individuals can be served with a bannent notice. Ms. Wcbb asked that this matter be placed on the next agenda of the Public Safety Committee. Ms. Webb stated Dally Bread is having a difficult time keeping their food closets full and has asked for donations from individuals who have gardens producing an abundance of home-grown vegetables. Ms. Webb expressed concern that the Town of Leesburg is not as handicapped-friendly as it should be. Ms. Webb asked that this matter be looked into. Ms. Webb stated, as a new business item on tonight's agenda she would like to schedule an executive session to discuss personnel matters, as well as the Town Manager's annual performance evaluation. Vice-Mayor Webb stated, "personnel matters are handled by this Council in Executive Session. They are not handled on the streets of Leesburg or the back rooms of restaurants. If someone has a problem with any member of the town staff, they talk to Mr. Brown and if that is not successful then we go into executive session as a Council. Anytime gossip, innuendo and roomer take over, we put this entire town in jeopardy because this government functions with the Town Manager and the Council. We need to conduct ourselves appropriately and professionally. This was a very heated topic at last Wednesday's Personnel Committee meeting and I can assure you as I have assured the staff members who have called me - and I have had a tough time with some of those phone calls because I have to remember it is my job to discuss policies and not personalities. It is our job as councilmembers to not jeopardize this town in any manner and not jeopardize our staff in any way and not to affect productivity in a negative way by having staff worry more about what is going on behind closed doors and behind people's backs then what is going on with the business of this town." Councilmember Zoldos disclosed that he met with representatives of the Peterson Company. Chancellor Street Task Force is moving forward. The Councilmember Trocino reported on the LEDC meeting and stated the LEDC is requesting to meet with the Town Council. Mr. Trocino referred to the comments made by the Memorial Drive resident and suggested it is time for staff to take an in depth look at neighborhood plans. Councilmember Umstattd stated she fully shares the comments made by Vice-Mayor Webb regarding personnel issues. MS. Umstattd disclosed that she met with representatives of HP and representatives of KSI regarding Loudoun House. Ms. Umstattd attended a three-day conference of the Virginia Planning District Commissions where the year 2000 problem was discussed. Local governments are vulnerable in a number of areas and this Council needs to be briefed on the issues facing the town. The NVPDC is concerned with the possibility of a loss of the 50 percent state match for the cost of the town meeting the biological nutrient reduction requirements. Councilmember Buttery suggested the Council meet with its state legislators in September instead of later in the year. He referred to HB 599 which provides funding to localities that have their own police departments. Mr. Buttery asked staff to find out why Leesburg is 5th on the list to receive funding and to also obtain the criteria and make it available for the Town Council. Mr. Huff stated it was his understanding that those funds were frozen. Mr. Buttery commended MS. Kilday and the Loudoun Tourism Council for their work and also commended Mr. Atwell on receiving the Certificate of Appreciation for his years of service to the Town of Leesburg. Councilmember McDonald reported that the Cable Commission re-elected Mr. Richard Herndon as their Chairman for another term. Mr. McDonald also reported on the EAC meeting. Cmments were forwarded ~~~MMENTS .IVI~ ~or Clem welcomed the new business, Body Works of Leesburg. He -' - ~ted out tlmi Loudoun c~mtg is havin.,.~.a full discussion this evening about Loudoun House and the relocation of the residents. Mayo~-~Clem met with Congressman Wolf on Friday to discuss this issue. 10. MANAGER'S REPORT Mr. Huffbriefly highlighted items in the Manager's Report. 11. LEGISLATION -3- MOTION: Councilmember Trocino made a motion to adopt agenda item ?.(a) under new business. The motion was seconded by Councilmember Umstattd. VOTE: Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos, Mayor Clem Nay: None 11. (a) MOTION: On motion of Vice-Mayor Webb, seconded by Councilmember Umstattd, the following ordinance was proposed and adopted. 98-0-17 - ORDINANCE - ADOPTING A PUBLIC RIGHTS-OF-WAY USE FEE PURSUANT TO ARTICLE 1 OF CHAPTER 15 OF TITLE 56 OF THE CODE OF VIRGINIA DISCUSSION: Councilmember McDonald stated he will vote against this ordinance because "the assumption was made even before it came before this Council that the funds would be there and because it is just another tax." VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, Webb, Zoldos, Mayor Clem Nay: Councilmember McDonald 11. Co) MOTION: On motion of Councilmember Trocino, seconded by Councilmember Zoldos, the following ordinance was proposed and adopted. 98-0-18 - ORDINANCE - AMENDING SECTION 10-46 (b) OF THE TOWN CODE PERTAINING TO DISPLAY OF DECAL REQUIRED FOR OPERATION OF MOTOR VEHICLE VOTE: Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos, Mayor Clem Nay: None 11. (c) through 11. (,j) MOTION: On motion of Councilmember Buttery, seconded by Councilmember Umstattd, the following resolutions were proposed as consent items and adopted. 98-166 - RESOLUTION - INITIATING AND REFERRING AMENDMENTS TO THE LEESBURG ZONING ORDINANCE TO PERMIT GENERAL HIGHER EDUCATION IN THE MC DISTRICT AND AUTHORIZING A NOTICE OF JOINT PUBLIC HEARING TO CONSIDER THE AMENDMENTS 98-167 - RESOLUTION - APPROVING THE VACATION OF A PORTION OF A WATERLINE EASEMENT WITHIN POTOMAC STATION, SECTION 6EFG 98-168 - RESOLUTION - AWARDING A CONTRACT TO COMMUNITY POOLS FOR THE REPLACEMENT OF THE POOL WHITE COAT AT THE IDA LEE RECREATION CENTER 98-169 - RESOLUTION - DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A FINANCING FOR CERTAIN EQUIPMENT 98-170 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO INSTALL AN ALL- WAY STOP AT OAKCREST MANOR DRIVE AND WILDMAN STREET 98-171- RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR POTOMAC CROSSING SECTION 4 98-172 - RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT LEELAND HEIGHTS LOTS 1, 2 AND 3 98-173 RESOLUTION DECLARING THE DEVELOPER OF KINCAID FOREST SUBDIVISION SECTION 4A IN DEFAULT OF ITS CONTRACT FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND AUTHORIZING THE TOWN MANAGER TO PREPARE AND SIGN THE DOCUMENTS NECESSARY TO REQUEST PAYMENT OF THE PERFORMANCE GUARANTEE FUNDS VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, Webb, Zoldos, Mayor Clem Nay: None Abstain: Vice-Mayor Webb from 11. (c) and (i) and Councilmember Trocino from 11. (j) 4- 12. NEW BUSINESS MOTION: Vice-Mayor Webb made a motion to hold an executive session on Tuesday, August 4, 1998 immediately following the Administration and Public Works Committee meeting to discuss personnel issues and the Town Manager's annual performance evaluation. The motion was seconded by Councilmember Umstattd. MOTION: On motion of Councilmember Trocino, seconded by Councilmember Umstattd, the following ordinance was proposed and adopted. 98-0-19 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-98-07 MT. ZION UNITED METHODIST CHURCH VOTE: Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos, Mayor Clem Nay: None On motion of, and duly seconded, the meeting was adjourned 9 p.m. Clerk of Council Clem, Mayor