HomeMy Public PortalAbout1998_09_08TOWN COUNCIL MEETING MINUTES OF SEPTEMBER 8, 1998
A regular meeting of the Leesburg Town Council was held on Tuesday, September 8,
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
Frank Buttery
Leonard McDonald
Joseph R. Trocino
Kristen C. Umstattd
Vice Mayor B. J. Webb
Bob Zoldos
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 and Development Michael Tompkins
Chief of Police Keith A. Stiles
Director of Parks and Recreation Kaj Dentler
Zoning Administration Brian Boucher
Chief of Comprehensive Planning Jerry Mucci
Public Information Officer Susan Farmer
Town Attorney George Martin
Assistant Town Manager for Economic Development John King
Clerk of Council Barbara Markland
l. INVOCATION was given by Councilmember Joseph R. Trocino
2. SALUTE TO THE FLAG was led by Vice Mayor B. J. Webb
3. ROLL CALL all members of the Town Council were present.
4. APPROVAL OF MINUTES
MOTION: On motion of Councilmember Buttery, seconded by Vice Mayor Webb, the regular
meeting minutes of August 11, 1998 were approved as written.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
5. CERTIFICATES OF APPRECIATION:
6. PETITIONERS - There were no petitioners.
7. PUBLIC HEARINGS:
a. To consider prohibiting certain through truck traffic within the Town of
Leesburg
Mr. Brown provided a brief staff report. Chief Stiles was present to address any questions.
Ms. Terry Simmons a resident of South King Street spoke in support of the proposed
amendments.
Councilmember Buttery suggested adding the intersection of Catoctin Circle and Dry Mill Road.
The public hearing was closed. This matter Was referred to the Administration and Public Works
Committee agenda of September 15, 1998 for further consideration.
b. To consider Special Exception Application gSE-98-05 World Gym Fitness
Center at Battlefield Shopping Center
-2-
Mr. Mucci provided the staff report. No public comment was received. The public hearing was
closed. This matter was referred to the Planning and Zoning Committee agenda of September
15, 1998 for further consideration.
c. To consider an amendment to the Leesburg Zoning Ordinance regarding
reduction of the minimum lot width in the B-2 Zoning District
Mr. Boucher provided the staff report. No public comment was received.
Councilmember Umstattd reported that Planning Commission member Schonberger expressed
concern with this proposal creating higher density. Ms. Umstattd stated, in her opinion, "a
proposal that would give the town more options for revitalization or flexibility in the commercial
districts is good."
Mayor Clem asked staff to identify all applicable lots and the uses on these lots.
The public hearing was closed. This matter was referred to the Planning and Zoning Committee
agenda of September 15, 1998 for further consideration.
do
To consider amendments to the Leesburg Zoning Ordinance Articles 3, 8, 11
and 18 to define and permit assisted living residences in the R-4 and R-22
Zoning Districts
Mr. Boucher provided the staff report.
Councilmember Umstattd stated she has received citizen concern regarding the proposed assisted
living residence in the R-4/R-22 districts. Ms. Umstattd asked if the town could deny an
application for a crack-cocaine rehabilitation halfway house? Mr. Boucher explained an assisted
living residence is for adults and adult does not necessarily mean elderly according to the state
code. "You could be 18, have some mental impairment in which you need some help. The
forms of these disabilities are relatively minor. They are not the chronic types that require a
much higher degree of care. A crack-cocaine rehabilitation halfway house is not what is
intended here and is not really what the state wants to be created in this type of environment.
The facilities tend to house elderly people. People who are not yet ill enough to be in a nursing
home or an acute care facility. They are able to function on their own. When they become more
ill they are typically transferred out to the other types of facilities." Ms. Umstattd asked if Mr.
Boucher is comfortable with his answer should the state change its definition? Mr. Boucher
stated, "this is a tough question because this type of facility is licensed by the state. The town
could refer to its definition in the ordinances which states.., non-medical supportive services."
Ms. Umstattd asked if the town had the ability to regulate who would be permitted in this type of
facility - "could we say no one with a criminal history would be permitted to be a resident in this
facility?" Mr. Boucher stated, "it would be very difficult to take a criteria like that and apply it
to this."
Councilmember Zoldos asked, of the six lots in the town that met this criteria, how many of those
lots are in the R-4 district? Mr. Boucher stated, the six lots are in the R-4 district.
Vice Mayor Webb stated the Planning Commission recommended that this be considered as a
special exception application. Ms. Webb asked if the residents have had an opportunity to
review the applicant's and staff's reports? Mr. Boucher stated, all of the procedures have been
followed and that he has talked with some of the residents.
Ms. Cindy Perry a resident of 320 Dry Mill Road addressed the Council expressing several
concerns with the proposed application. Ms. Perry stated, "many family members that are placed
in assisted living are unmanageable at home which could denote a lot of reasons such as medical,
psychological and someone requiring a high level of care. This type of use does not have a place
in a residential neighborhood. Particularly on Dry Mill Road because Dry Mill Road is narrow
and has open ditches with no shoulders and is a high traffic road with drainage issues." Ms.
Perry expressed concern with inadequate drainage and flooding after this facility is built with 20
parking spaces. She expressed concern with employees coming and going in three shifts,
deliveries to the facility creating a commercial traffic flow. Additional concerns were noise from
the generators, dumpsters and commercial air conditioning units and lighting. Ms. Perry
questioned the need for an additional assisted living residence in Leesburg, pointing out that beds
-3-
are still available at Sunrise and MorningSide House. Ms. Perry urged the Council to deny this
application.
Ms. Perry read a petition, signed by approximately 50 residents in the area, opposing the
proposed application. The petition is attached and made a part of the official record.
Mr. Robert E. Sevila representing the applicant addressed the Council in support of the proposed
amendment. Mr. Sevila stated, "this has been under consideration with the staff and Planning
Commission since early spring. During that period of time, we have been trying to identify those
kinds of issues which Ms. Perry has brought up and have addressed them in the special exception
criteria. This may be the longest list of special exception conditions in the town's zoning
ordinance. This is attributed to the hard work of the Planning Commission and staff in this
process to make sure that we meet three needs. One is there is a growing need for assisted living
facilities in our community. We are being encouraged by the state code to locate within our
communities, assisted living facilities. It is important to note that the people who live in assisted
living facilities don't want to be placed in industrial tracts, business tracts. They do not want to
be warehoused. There is a desire to locate these kinds of facilities in residential districts because
it is where our elderly parents, grandparents, aunts and uncles and ultimately ourselves want to
live. Our job is to make sure that if we do that in our R-4 district that we don't do any harm to
our existing R4 residences. We put a lot of work into this process to make sure that doesn't
happen. Mr. McClellan, the applicant, currently owns and operates two of these facilities both in
rural towns, both in residential districts and he is familiar with a lot of the impacts, both real and
perceived that these facilities might have. The best example that this town has is Sunrise. In
fact, we have modeled what we are trying to do here after the Sunrise example because it is a
very good one. The fear that this may have an adverse impact on property values is not the case.
The fear that there will be harsh, non-residential impacts within neighborhoods doesn't
materialize. What really happens, is these facilities move into residential communities, the
residents live there and they have little or no affect. With a tightly drawn ordinance, such as the
one proposed, with special exception criteria in place, the Council is given the opportunity to
examine the criteria and make sure that these facilities do not adversely affect the residential
character of our neighborhoods. I expect you to challenge Mr. McClellan to meet the burden that
this ordinance would place on him as an applicant to show that the facility he proposes will in
fact satisfy all of those criteria."
Mr. Richard McClellan, the applicant addressed the Council providing additional information in
support of the proposed special exception application.
Vice Mayor Webb questioned the safety and security issues, in terms of Alzheimer patients and
the safety for the' people within the facility as well as the adjacent properties. Mr. McClellan
stated, his two facilities do not handle Altzheimer patients. "It takes a special unit. This issue is
carefully controlled at the state level and would take a special facility, physical monitoring and a
secured area for these people to get out and walk. They would not be free to wonder the
neighborhoods. This is a special subset of assisted care which requires the proper licensing and
proper facility. It is not by definition assisted living. It does not necessarily mean that you
would have an Alzheimer unit. At this point I would not suggested either way, that I will study it
and see what the needs are."
Councilmember McDonald asked how many assisted living beds are available now in Loudoun
County and Leesburg and what the market demand is over the next 5 to 10 years? Mr. McClellan
stated this information is contained in the staff report. The statistics give a positive indication
that there is a need for new modem facilities.
Vice Mayor Webb pointed out that the Loudoun County Social Services has some outstanding
information on the aging population in Loudoun County and the fact that it is the fastest growing
segment of the population.
Mr. McDonald questioned the yearly number of rescue calls dispatched to Sunrise. Mr. Boucher
stated approximately 57 a year or 3 a month.
Councilmember Umstattd questioned the concerns of the neighboring residents regarding noise
and lighting. Mr. McClellan stated these are design issues that can be dealt with.
Ms. Susan Coats, a resident on Dry Mill Road, expressed concern with the kinds of residents that
could possibly live at an assisted living facility, as well as noise, a decrease in property values
-4-
because of traffic impacts and increased traffic on Dry Mill Road. Ms. Coats pointed out that the
home in question is an historic residence surrounded by many very old trees.
Ms. Page Swager, adjoining property owner, expressed full support of the proposed facility. Ms.
Swager stated she visited one of Mr. McClellan's facilities. "The elderly residents do not make
any noise. There is not much traffic and the facility is very tastefully decorated, with regard to
the landscaping, the residence and furnishings. This is a very good idea for this property."
Vice Mayor Webb stated, "the Council at this point is looking at an amendment to the Zoning
Ordinance that is not site specific. This is a zoning ordinance amendment that may or may not be
incorporated within the town's Zoning Ordinance. This ordinance is either good for the Town of
Leesburg or not good for the Town of Leesburg. It always concerns me when we start looking at
what the market will or will not bare. We are still a free market economy not only in the
Commonwealth of Virginia but in this Country and we cannot decide if someone should open a
hardware store or an assisted living facility. We are here to make good land use decisions and
that is the basis of what we will be doing."
Councilmember Umstattd asked staff to provide the Council with information as to what other
areas in town could accommodate an assisted living residence under the current definition.
Councilmember Trocino concurred with Vice Mayor Webb's comments regarding the market
arguments, stating "we have not done that other places. We are not monopolistic. We are land
use oriented people." Mr. Trocino, referred to Heritage Square, Sunrise and MorningSide House
and asked staff to compare and contrast property values, both before and after those facilities
were built to see.-what impact they have. Mr. Trocino stated he is concerned, from a land use
point, what stresses these facilities place on existing neighborhoods.
The public hearing was closed. This matter was referred to the Planning and Zoning Committee
agenda of September 15, 1998 for further consideration.
8. COUNCILMEMBER COMMENTS
Vice Mayor Webb thanked the many applicants who applied for vacancies on the town's boards
and commissions. There was an overwhelming response. The United Way kickoff will be held
on September 18, 1998 at 8 a.m., at the County Courthouse. Ms. Webb encouraged everyone's
participation. Ms. Webb pointed out that Pence Friedel has not yet paid their application fees for
the two new applications that they submitted.
Councilmember Zoldos disclosed that he met with representatives of Leegate. The Chancellor
Street Task Force will be meeting on September l0th at 7 p.m., the public is welcome.
Councilmember Trocino disclosed that he met with Mr. McClellan regarding the assisted living
facility. A City Summit will be held in Charlottesville that he will be attending on October 13,
1998. The Town Council is invited to participate. A job fair was held for the Premium Outlet
Mall where 800 to 1000 jobs were available. A list of potential members for the Information
Technology Committee will be presented to the Council in the near future.
Councilmember Umstattd stated the Loudoun House check vouchers will be available at the end
of September. Ms. Umstattd disclosed that she met with representatives of Leegate, Mr.
McClellan and Shenandoah University. Ms. Umstattd stated she will be teaching a law class for
Shenandoah University, therefore, will abstain from the vote of 11. (b).
Councilmember Buttery disclosed that he met with representatives of the HP Company and Mr.
McClellan. Mr. Buttery questioned the status of Kincaid Forest. Mr. Brown stated the
agreement has been executed and construction should begin within the next two weeks.
Councilmember McDonald disclosed that he met with representatives of Leegate and Mr.
McClellan. He reported on the Loudoun Tourism Council and is impressed with the numbers
reported for the year 1997, stating over $620 million dollars were generated in tourism. The
Tourism Council intends to erect directional/information signs, the cost will be approximately
$8,000 to $10,000. These funds will come from the town's annual $40,000 contribution.
Loudoun Transit will be providing transportation to and from the Chelsea Mall.
9. MAYOR'S REPORT
-5-
Mayor Clem apologized for not attending the Barn Raising this weekend. He asked that the
Council forward their retreat agenda items to the Town Clerk by Friday, September 11th. Mayor
Clem asked that the COuncil meet with members of the Parks and Recreation Commission and
Economic Development Commission on October 20, following the committee meetings.
10.
MANAGER'S REPORT - Mr. Brown highlighted issues in the Manager's Report and
reported that a block party is planned in Greenway Farms on September 12, 1998 from 5
p.m. to midnight and on Claggett Street from 4 p.m. to 8 p.m.
1 ~. LEGISLATION
i 1. (a) MOTION: On motion of Councilmember Umstattd, seconded by Councilmember Zoldos,
the following ordinance was proposed and adopted.
98-0-23 - ORDINANCE AMENDING LEESBURG ZONING ORDINANCE ARTICLE 2 TO
REQUIRE SUBMISSION OF PROOF OF PAYMENT OF DELINQUENT REAL ESTATE
TAXES PRIOR TO INITIATION OF CERTAIN LAND USE APPLICATIONS
WHEREAS, the General Assembly of the Commonwealth of Virginia has amended
Section 15.2-2286 of the Code of Virginia to authorize local governments to require the
submission of satisfactory evidence of payment of real estate taxes due and owed to the locality
prior to the initiation of land use applications authorized by Chapter 22, Article 7 of Title 15.2 of
the Code of Virginia; and
WHEREAS, pursuant to authority granted to the Town under Chapter 22, Article 7 of
Title 15.2 of the Code of Virginia, the Town has established within the Zoning Ordinance land
use applications for Zoning Map Amendments, Zoning Concept Plan Amendments, Special
Exceptions, Variances, Development Plans and Zoning Permits; and
WHEREAS, the Town Council believes that the growth of the community must be
consistent with the efficient and economical use of public funds; and
WHEREAS, requiring the submission of satisfactory evidence of payment of real estate
taxes due and owed to the Town prior to the initiation of any of the above enumerated land use
applications will help to ensure that growth of the community will be consistent with the efficient
and economical use of public funds.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I: Section 2A of the Leesburg Zoning Ordinance is hereby amended to include
the text as stated below:
ARTICLE 2. GENERAL REGULATIONS
Section 2A-8. PROOF OF PAYMENT OF REAL ESTATE TAXES
(1) Submission Requirement. Prior to initiation of an application for a Zoning
Map Amendment, Zoning Concept Plan Amendment, Special Exception, Variance,
Development Plan or Zoning Permit approval, applicant shall provide satisfactory
evidence from the Director of Finance that any real estate taxes due and owed to the
Town which have been properly assessed against the property have been paid.
SECTION II. All prior ordinances in conflict herewith are hereby repealed.
SECTION III. Severability. If any provision of this ordinance is declared invalid by a
court of competent jurisdiction, the decision shall not effect the validity of the ordinance as a
whole or any remaining provisions of the Zoning Ordinance.
SECTION IV. This ordinance shall be in effect upon its passage.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
-6-
11. (b) MOTION: On motion of Councilmember McDonald, seconded by Councilmember
Trocino, the following ordinance was proposed and adopted.
98-0-24 - ORDINANCE - AMENDING LEESBURG ZONING ORDINANCE SECTION 4F-
l PURPOSE AND INTENT; SECTION 4F-2 PERMITTED USES; SECTION 4F-3
SPECIAL EXCEPTION USES AND ARTICLE 18 DEFINITIONS TO PERMIT GENERAL
HIGHER EDUCATION IN THE MC DISTRICT
WHEREAS, on July 28, 1998, Council initiated and referred Resolution 98-166 to
consider an amendment to the Town Zoning Ordinances to permit general higher education with
associated administrative offices in the MC Medical-Hospital Center Zoning District; and
WHEREAS, the Leesburg Zoning Ordinance does not permit non-medical related
education facilities in the MC Medical-Hospital Center District; and
WHEREAS, it is the desire and intent of Council to provide educational diversity in the
Town of Leesburg; and
WHEREAS, the Council and the Planning Commission considered the amendments at a
joint public hearing on August 11, 1998; and
WHEREAS, the Planning Commission forwarded a recommendation to Council after
due deliberation; and
WHEREAS, the proposed amendment is intended to promote the public health, safety
and welfare, and will increase educational opportunities within the Town.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I: Section 4F and Article 18 of the Leesburg Zoning Ordinance are hereby
amended to include the text as stated below:
Section 4F - MC MEDICAL-HOSPITAL CENTER ZONING DISTRICT
Section 4F-1. PURPOSE AND INTENT
The MC District is established to provide areas for specific medical land uses and related
facilities and institutions of higher learning. District development should be planned,
constructed and managed on an integrated and coordinated basis.
Section 4F-2. PERMITTED USES
(3) Institutional and Community Service Uses
a. Hospital
b. Nursing School
c. Dormitory, to be used for training nurses and medical technicians
d. College or University up to 12,000 square feet
Section 4F-3. SPECIAL EXCEPTION USES
(3) Institutional and Community Service Uses
a. None College or University over 12,000 square feet
ARTICLE 18 - DEFINITIONS
COLLEGE OR UNIVERSITY
An institution of higher education authorized by the State to award baccalaureate or
higher degrees.
SECTION II. All prior ordinances in conflict herewith are hereby repealed.
SECTION III. Severability. If any provision of this ordinance is declared invalid by a
court of competent jurisdiction, the decision shall not effect the validity of the ordinance as a
whole or any remaining provisions of the Zoning Ordinance.
-7-
SECTION IV. This ordinance shall be in effect upon its passage.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Zoldos and Mayor Clem
Nay: None
Abstain: Councilmembers Umstattd and Webb
11. (c) MOTION: On motion of Councilmember Umstattd, seconded by Councilmember
Trocino, the following ordinance was proposed and adopted.
98-0-25 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION
gSE98-08 SERVICE STATION FOR EXXON CORPORATION
WHEREAS, Exxon Corporation has requested special exception approval to renovate
and expand their existing service station site, including car wash located at 344 and 346 East
Market Street; and
WHEREAS, the property is located in the B-2 Established Corridor Commercial Zoning
District; and
WHEREAS, on August 6, 1998, the Planning Commission recommended conditional
approval of special exception application #SE98-08, Exxon Service Station; and
WHEREAS, on August 11, 1998, the Town Council held a public hearing on this
application; and.
WHEREAS, the proposed use meets the general review criteria set forth in the special
exception regulations of the zoning ordinance.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Special exception application #SE98-08 Exxon Service Station by Exxon
Corporation identified as Tax map 48 Parcel 113 and 120 (portion) in the land records of
Loudoun County and as shown on the Special Exception Plat prepared by The Plan Source dated
May 11, 1998 and submitted August 3, 1998, is hereby approved, together with a modification to
Section 11A-7(12)a of the Zoning Ordinance to permit non-automotive accessory retail sales of
2,050 square feet, conditioned upon:
1. Development of the site is in general conformity with the Special Exception Plat
prepared by The Plan Source dated May 11, 1998, submitted August 3, 1998.
2. Development of the property is subject to Board of Architectural Review
review and approval subject to the H-2 Corridor Design Guidelines.
3. Prior to issuance of a zoning permit, a boundary line vacation plat shall be
submitted for signature and recordation to locate the proposed structure on a
single lot in compliance with the zoning ordinance.
4. The attached comments, dated August 3, 1998, are addressed to the
satisfaction of the Director of Engineering and Public Works.
SECTION II. Approval of the special exception concept plan does not authorize
modifications to any other requirements of the Design and Construction Standards Manual,
Subdivision and Land Development Regulations, or the Zoning Ordinance except as specifically
set forth in this ordinance.
SECTION III. This ordinance shall be in effect upon its passage.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
CONSENT AGENDA
11. (d) through (q) MOTION: On motion of Councilmember Zoldos, seconded by
Councilmember Umstattd, the following resolutions were proposed and adopted. Agenda
item 11. (p) was adopted as amended by Councilmember Buttery.
-8-
98-187 - RESOLUTION - APPROVING THE VACATION 'OF A PORTION OF A
WATERLINE EASEMENT WITHIN STRATFORD PHASE B
98-188 - RESOLUTION - APPROVING THE VACATION OF A PORTION OF A
SANITARY SEWER EASEMENT WITHIN GREENWAY FARMS SECTION 10
98-189 - RESOLUTION - APPROVING THE VACATION OF A PORTION OF AN
OVERLAND RELIEF EASEMENT WITHIN TAVISTOCK FARMS SECTIONS 20 AND
21
98-190 - RESOLUTION - APPROVING THE VACATION OF PORTIONS OF A STORM
DRAINAGE AND STORM SEWER EASEMENT WITHIN TAVISTOCK FARMS
SECTIONS 13, 12 AND 19
98-191 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO EXECUTE A
LEASE WITH LOUDOUN MUSEUM, INC.
98-192 - RESOLUTION - ENDORSING A CONCEPT PLAN FOR THE EXPANSION OF
THE LOUDOUN MUSEUM
98-193 - RESOLUTION - AUTHORIZING PURCHASE OF VEHICLES FOR THE
UTILITY LINES DIVISION
98-194 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS AT OLD WATERFORD KNOLL SECTION 2B
98-195 RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN OLD WATERFORD
KNOLL SECTION 3
98-196 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS
FOR RIVER CREEK PHASE II, SECTION 2A
98-197 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS
FOR RIVER CREEK PHASE II, SECTION 2C
98-198 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS
FOR WOODLEA MANOR PHASE 6
98-199 - RESOLUTION - AUTHORIZING THE PREPARATION OF FINAL DESIGN
FOR THE NORTH STREET SIDEWALK PROJECT INCLUDING A DRIVEWAY FOR
211 NORTH STREET
98-200 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO INSTALL AN
ALL-WAY STOP AT ASHTON DRIVE AND RIVER FRAYS DRIVE
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
REGULAR AGENDA
11. (r) MOTION: On motion of Councilmember Buttery, seconded by Vice Mayor Webb, the
following resolution was proposed and adopted.
98-201 - RESOLUTION - MAKING AN APPOINTMENT TO THE THOMAS BALCH
LIBRARY COMMISSION
WHEREAS, George F. Atwell tendered his resignation from the Thomas Balch Library
Commission on June 30, 1998.
-9-
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
Donald Dellinger is appointed to the Thomas Balch Library Commission for a two year term to
expire on June 30, 2000.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
11. (s) MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Umstattd, the
following resolution was proposed and adopted.
98-202 RESOLUTION - RE-APPOINTING MEMBERS TO THE BOARD OF
ARCHITECTURAL REVIEW
WHEREAS, the terms of office of BAR members Richard Forbes and Patricia Devine
expired on June 30, 1998; and
WHEREAS, Mr. Forbes and Mrs. Devine have expressed a desire to continue serving on
the BAR; and
WHEREAS, interviews were held for candidates interested in serving on the BAR.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows: Richard Forbes and Patricia Devine are re-appointed to the Board of Architectural Review
for two year terms to expire on June 30, 2000.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
11. (t) MOTION: On motion of Councilmember Umstattd, seconded by Councilmember
McDonald, the following resolution was proposed and adopted.
98-203 RESOLUTION RE-APPOINTING MEMBERS AND MAKING
APPOINTMENTS TO THE CABLE ADVISORY COMMISSION
WHEREAS, the terms of office of Cable Commission members David Hall, Leslie Lloyd
and Charles Dartley expired on June 30, 1998; and
WHEREAS, Cable Commission member Roy Ott tendered his resignation effective
immediately; and
WHEREAS, interviews were held for candidates interested in serving on the Cable
Commission.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. David Hall, Charles Dartley, and William F. Webb, Jr. are re-appointed and
appointed, respectively, to the Cable Advisory Commission for two year terms to expire on June 30,
2000.
SECTION ri. Ralph Marr is appointed to the Cable Commission to fill the un-expired
term of Roy Ott, whose term of office shall expire on June 30, 1999.
SECTION llI. Charles Dartley shall serve as the franchisee appointee.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
1 i. (u) MOTION: On motion of Councilmember Trocino, seconded by Councilmember Zoldos,
the following resolution was proposed and adopted.
-10-
98-204 RESOLUTION RE-APPOINTING MEMBERS AND MAKING AN
APPOINTMENT TO THE LEESBURG ECONOMIC DEVELOPMENT COMMISSION
WHEREAS, Ellen Wall tendered her resignation from the Leesburg Economic
Development Commission (LEDC) effective June 30, 1998; and
WHEREAS, the terms of office of LEDC members Charles Fincher and Anne Gravely
expired on June 30, 1998; and
WHEREAS, Mr. Fincher and Ms. Gravely have expressed a desire to continue serving on
the LEDC; and
WHEREAS, interviews were held for candidates interested in serving on the LEDC.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
Charles Fincher, Anne Gravely and LaMott Smith are re-appointed and appointed, respectively, to
the Leesburg Economic Development Commission for two year terms to expire on June 30, 2000.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
11. (v) MOTION: On motion of Councilmember Umstattd, seconded by Councilmember
McDonald, the following resolution was proposed and adopted.
98-205 RESOLUTION RE-APPOINTING MEMBERS AND MAKING
APPOINTMENTS TO THE ENVIRONMENTAL ADVISORY COMMISSION
WHEREAS, Caroline Sadler tendered her resignation from the Environmental Advisory
Commission (EAC) effective June 30, 1998; and
WHEREAS, Laura Thomson tendered her resignation from the EAC effective August 24,
1998; and
WHEREAS, the terms of office of EAC members Charles Forbes, Jim Dorsey, and John
Tolbert, Jr., expired on June 30, 1998; and
WHEREAS, Mr. Forbes, Mr. Dorsey and Mr. Tolbert have expressed a desire to continue
serving on the EAC; and
WHEREAS, interviews were held for candidates interested in serving on the EAC.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Charles Forbes, John W. Tolbert, Jr. and Jim Dorsey are re-appointed to
the Environmental Advisory Commission for two year terms to expire on June 30, 2000.
SECTION II. Brooks Romedy is appointed to the EAC to fill the unexpired term of
Laura Thomson, whose term of office shall expire on June 30, 1999.
SECTION III. Anthony Fasolo is appointed to the EAC to fill the un-expired term of
Caroline Sadler, whose term of office shall expire on June 30, 1999.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
Il. (w) MOTION: On motion of Councilmember Umstattd, seconded by Councilmember
McDonald, the following resolution was proposed and adopted.
98-206 - RESOLUTION - RE-APPOINTING MEMBERS AND MAKING AN
APPOINTMENT TO THE PARKS AND RECREATION COMMISSION
-11-
WHEREAS, Catherine Dodds tendered her resignation from the Parks and Recreation
Commission effective June 30, 1998; and
WHEREAS, the terms of office of Parks and Recreation Commission members Emie
Chandler and John Laycock expired on June 30, 1998; and
WHEREAS, Mr. Chandler and Mr. Laycock have expressed a desire to continue serving on
the Commission; and
WHEREAS, interviews were held for candidates interested in serving on the Commission.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
Emie Chandler, John Laycock and Sidney Lord are re-appointed and appointed, respectively, to the
Parks and Recreation Commission for two year terms to expire on June 30, 2000.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
11. (x) MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Umstattd, the
following resolution was proposed and adopted.
98-207 RESOLUTION
COMMISSION
MAKING AN APPOINTMENT TO THE PLANNING
WHEREAS, one vacancy exists on the Planning Commission; and
WHEREAS, interviews were held for candidates interested in serving on the Planning
Commission.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
Kathryn Kearns is appointed to the Planning Commission for a four year term to expire on June 30,
2002.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
11. (y) MOTION: On motion of Councilmember Zoldos, seconded by Councilmember
Umstattd, the following resolution was proposed and adopted.
98-208 RESOLUTION RE-APPOINTING MEMBERS AND MAKING AN
APPOINTMENT TO THE TREE COMMISSION
WHEREAS, Danny Osteen tendered his resignation from the Tree Commission effective
June 30, 1998; and
WHEREAS, the terms of office of Tree Commission members Victoria Bell, John
Groothuis, and Earl Hower expired on June 30, 1998; and
WHEREAS, Ms. Bell, Mr. Groothuis and Mr. Hower have expressed a desire to continue
serving on the Tree Commission; and
WHEREAS, interviews were held for candidates interested in serving on the Tree
Commission.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Victoria Bell, John Groothuis and Earl Hower are re-appointed to the Tree
Commission for two year terms to expire on June 30, 2000.
-12-
SECTION II. J.D. Hicks is appointed to the Tree Commission to fill the unexpired term
of Danny Osteen, whose term of office shall expire on June 30, 1999.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
12. NEW BUSINESS:
MOTION: On motion of Councilmember Zoldos, seconded by Councilmember McDonald, 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 (3) of the 1950 Code of Virginia, as amended. The purpose of this
Executive Session is to discuss the acquisition of real property.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
12. (a) MOTION: On motion of, and duly seconded, the following resolution was proposed and
adopted.
98-209 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF SEPTEMBER 8, 1998
WHEREAS, the Town Council of the Town of Leesburg, Virginia, has this day convened
in Executive Session in accordance with an affirmative recorded vote of the Leesburg Town
Council and in accordance with the provisions of the Virginia Freedom of Information Act:
NOW, THEREFORE, BE 1T RESOLVED that the Leesburg Town Council does hereby
certify that to the best of each member's knowledge, 1) only public business matters lawfully
exempted from open meeting requirements under the Freedom of Information Act were discussed in
the Executive Session to which this certification applies; and 2) only such public business matters
as were identified in the Motion by which the said Executive Session was convened were heard,
discussed or considered by the Leesburg Town Council.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
12. (b) MOTION: On motion of, and duly seconded, the following resolution was proposed and
adopted.
98-210 - RESOLUTION - AUTHORIZING THE DEPUTY TOWN ATTORNEY TO
INITIATE CONDEMNATION PROCEEDINGS TO ACQUIRE THE NECESSARY
RIGHT-OF-WAY TO IMPROVE FORT EVANS ROAD AS REQUIRED BY THE
COMPREHENSIg'''~ TOWN PLAN
WHEREAS, the adopted town Comprehensive Plan shows Fort Evans Road as a four-
lane divided road; and
WHEREAS, the town has not received the necessary deeds of dedication from adjacent
property owners.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the
Deputy Town Attorney is hereby authorized to initiate negotiations and initiate condemnation
proceedings necessary to acquire the right-of-way necessary to improve Fort Evans Road as
required by the Town Plan to extend the width to four lanes divided.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
-13-
On motion of, and duly seconded, the meeting was adjourned.
a~mes E~. ClemSaycr~~
Clerk of Council