Loading...
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