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HomeMy Public PortalAbout1999_02_09TOWN COUNCIL MEETING MINUTES OF FEBRUARY 9, 1999 A regular meeting of the Leesburg Town Council was held on Tuesday, February 9, 1999 at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia 20178, 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 B. J. Webb (absent) Bob Zoldos Mayor James E. Clem STAFF MEMBERS PRESENT Town Manager Steven C. Brown Director of Engineering and Public Works Thomas A. Mason Director of Parks and Recreation Kaj Dentler Assistant Town Manager for Economic Development John Henry King Public Information Officer Susan Farmer Town Attorney George Martin Clerk of Council Barbara Markland 1. INVOCATION was given by Councilmember Leonard McDonald. 2. SALUTE TO THE FLAG was led by Mayor James E. Clem. 3. ROLL CALL all members of the Town Council were present except Vice Mayor Webb. 4. APPROVAL OF MINUTES MOTION: On motion of Councilmember Umstattd, seconded by Councilmember Buttery, the special meeting minutes of January 25, 1999, January 26, 1999, February 1, 1999 and the regular meeting minutes of January 26, 1999 were approved as written. VOTE: Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem. Nay: None Abstain: Councilmember Zoldos from the January 25, 1999 and February 1, 1999 special meeting minutes. 5. PETITIONERS Mr. Rick Knight, a resident of 202 Fairview Street, Leesburg, expressed concern that Fairview has now become a "thoroughfare" due to the new subdivision at the end of Fairview and the additional traffic. He stated, the street does not have curb, gutter or sidewalk, and there is a blind hill at one point on the street. He urged the Council to expedite the installation of speed bumps and other means to slow the traffic. Mayor Clem asked staff to prepare a written report on this matter. Mr. Jim Ramzy, addressed the Council requesting that he be allowed to continue using the graveled parking lot at 215 Church Street, as a parking lot, without paving it. Mayor Clem asked staff to prepare a written report on this issue. 6. COUNCILMEMBER COMMENTS Councilmember McDonald reported on the recent Cable Commission meeting. A special meeting with the town's consultants will be held on February 24, 1999. The Commission will provide a report to the Council on the outcome of this meeting. He reported that soon there will be additional coverage of the town's Council meetings, by means of an additional camera and equipment. -2- Councilmember Buttery reported on a new event, the Loudoun Drum and Fife Corp, which will take place in the first week in May in the Town of Leesburg. Mr. Buttery encouraged citizens county-wide to support the American Cancer Society's Daffodil Days fundraiser. Councilmember Umstattd, along with Mayor Clem and Councilmember Buttery, attended the Blue and Gold Banquet on Sunday for Boy Scout Troop Pack #958. Ms. Umstattd noted that Planning Commission member Dave Kennedy's son Ryan advanced to the rank of Weeblo. Councilmember Umstattd stated she will be making a motion, during new business, to make available to the public all records regarding the town's American Express credit card. Councilmember Trocino stated, Dr. Zeus' birthday will be honored again this year at Catoctin Elementary School. He encouraged the members of the Council to volunteer to read a book at the school during this celebration. Mr. Trocino pointed out that the new skatepark has attracted over 4,000 users since its grandopening. Mr. Trocino gave his condolences to the family of Frank Patton. Councilmember Zoldos encouraged Leesburg residents to participate in the town's 2000 by 2000 tree planting program. A field trip has been planned to the Sherando Middle School on February 13, 1999, at 9 a.m. This trip has been planned to look at the playing fields at the school. 7. MAYOR'S REPORT Mayor Clem reported on the ground breaking of the new DMV location near the Tractor Supply Company, as well as the upcoming ribbon cutting ceremony for the Lightfoot Caf6. 8. MANAGER'S REPORT Mr. Brown highlighted items from the Manager's Report. 9. LEGISLATION (a) MOTION: On motion of Councilmember Umstattd, seconded by Councilmember Buttery, the following ordinance was proposed and adopted. 98-0-3 - ORDINANCE - AMENDING CHAPTER 17, ARTICLE I, SECTIONS 17-1.1, 17- 1.4, 17-3.1 AND 17-3.4; OF THE TOWN CODE OF THE TOWN OF LEESBURG. EXEMPTIONS FROM REAL AND PERSONAL PROPERTY TAXES FOR ELDERLY AND HANDICAPPED ORDAINED by the Council of the Town of Leesburg that Chapter 17, Article I, of the Town Code of the Town of Leesburg be amended as follows: WHEREAS, the 1950 Code of Virginia, as amended, was amended by the General assembly for tax year 1999 to allow for increased limits for total combined income and maximum net combined financial worth for those individuals applying for exemption from real estate and personal property taxes due to age or handicap status; and WHEREAS, the Town of Leesburg was granted specific permission by the General Assembly to implement these higher limits. SECTION 17-1.1 Tax relief for the elderly and totally and permanently disabled. Total gross combined income means gross income from all sources of the owners of the dwelling residing therein and of any relatives of the owner who reside in the dwelling, provided that the first $6,500.00 of income of each relative other than the spouse of the owner or owners, who is living in the dwelling shall not be included in such total. SECTION 17-1.4 Requirements for exemption or deferral. -3- (3) A dwelling jointly held by a husband and wife may qualify if either spouse is over 65 years of age or is permanently and totally disabled. Such exemption or deferral program such shall be subject to the following restrictions and conditions. (a) The gross total combined income cf thc owner or owners received :~'~:~+="' preceding calendar from all sources during the y~.ar ............. j year the taxable year did by (i) owners of the dwelling who use it as their principal residence and (ii) owners' relatives who live in the dwelling, shall not exceed~{a~.-,~.,~n~ aa $52,000.00, or the income li~ts based upon felly size for the respective metropolitan statistical area, annually published by the Depa~ment of Housing and Urban Development for qualifying for federal housing assistance pursuant to Section 235 of the National Housing Act (12 U.SC., Section 1715z). Any amount up to . Gr~zz come,ned ~ncomc includes al! income from al! :curcca cf the owner or owners' :!aimed; provided that thc Cr:t $6,500.00 of income of each relative , other than thc who is not the spouse, of ~ a~ owner :r :whets, 'z'hc is living in the dwelling shall and who does not ~ such t:tal, qualify for the exemption provided by (3)b hereof may be excluded from the total combined income calculation. Also excluded from gross total combined income is all of the income received by an owner for permanent disability for the preceding year up to a maximum amount of $7,500.00. t~ va!u~ ~t ail azz~, {~c!~i=g ~q~ta~!z ~t~rc~t~, ~f t~c ~w~cr or v':,'~r~ an~ t~ ~':,'~zr'z zp~, a~ ~a!! ~c!~ t~c fair =arkzt If a person qualifies for an exemption or defe~al under this A~icle, and if the person can prove by clear and convincing evidence that the person's physical or mental health has deteriorated to the point that the only alternative to pe~anently residing in a hospital, nursing home, convalescent home or other facility for physical or mental care is to have a relative move in and provide care for the p~rson, and if a relative d~s then move in for that pu~ose, then none of the income of the relative or of the relative's spouse shall ~ counted towards the income limit, provided the owner of the residence has not transferred assets in excess of $5,000.00 without adequate consideration within a three-year period prior to or after the relative moves into such residence. (c) The net combined financial worth, including the present value of all equitable interests, as of December 31 of the immediately preceding calendar year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land, not exceeding one acre, upon which it is situated shall not exceed $195,000.00. Section 17-3.1. Tax relief for the elderly and permanently and totally disabled. Definitions. Amended as follows: Total combined income means gross income~ from all sources of the owners of the motor vehicles and of the spouse of any owner, provided that the first .$7,500.00 of income of such owner, ~ or the spouse of tt~ such owner or-ow-n~-s, shall not be included in such total. Section 17-3.4 Requirements for reduction. -4- (3) A motor vehicle held by a husband and wife may qualify if either spouse is over 65 years of age or if either spouse is permanently and totally disabled. (4) A reduction shall be subject to the following restrictions and conditions: The total combined income of the owner or owners during the year immediately preceding the taxable year did not exceed ~ $52,000.00, or the income limits based upon family size for the respective metropolitan statistical area, annually published by the Department of Housing and Urban Development for qualifying for federal housing assistance pursuant to Section 235 of the National Housing Act (12 U.S.C., Section 1715z). Total combined income includes all income from all sources of-fo.__r the owner of the motor vehicle for which the reduction is claimed, provided that the first $7,500.00 of income of each owner or the spouse of the owner of the motor vehicle, shall not be included in such total. Also excluded from gross total combined income is all of the income received by an owner for permanent disability for the preceding year up to a maximum amount of $7,500.00. (a) The total combined net financial worth of the owner or owners of the motor vehicles as of December 31 of the year immediately preceding the taxable year did not exceed,~e,~v,vvv.vw~ ~ arm r~an $195,000.00. Total combined net financial worth shall include the value of all assets, s~a!! include ~resent equ;.ta~!e va!u~ ,~f all interest of the owner or owners' and the owner's spouse, and shall exclude the fair market value of the principal residence of the owners and the land upon which it is situated, not exceeding one acre. All furniture, household appliances and other items typically used in a home are also hereby excluded. (b) All income and net worth limitations shall be computed by aggregating the income and assets, as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of the motor vehicle wS,v cla:~m: a reduct:,,~n seeks the benefit of the preferential tax rate permitted i~ under this chapter Article, irrespective of how such motor vehicle may be titled. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be effective upon passage. VOTE: Aye: Councilmembers Buttery, McDonald, Trocino Umstattd, Zoldos and Mayor Clem Nay: None Absent: Vice Mayor Webb CONSENT AGENDA 10. (b), (c), (d), (e), (f), (g), (h), (i) MOTION: On motion of Councilmember Buttery, seconded by Councilmember Trocino, the following resolutions were proposed as consent items and unanimously adopted. 99-25 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR POTOMAC STATION SECTION lB 99-26 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR POTOMAC STATION SECTION lC 99-27 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR POTOMAC STATION SECTION 2CD -5- 99-28- RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR GREENWAY FARM SECTION 5 99-29 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR GREENWAY FARM SECTION 7 99-30 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR SYCAMORE HILL PHASE I, SECTION 2 99-31 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR SYCAMORE HILL PHASE II, SECTION 1 99-32 - RESOLUTION - AUTHORIZING THE USE OF THE COUNCIL CHAMBERS VOTE: Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Zoldos and Mayor Clem Nay: None Absent: Vice Mayor Webb REGULAR AGENDA 9. (j) MOTION: On motion of Councilmember Zoldos, seconded by Councilmember McDonald, the following resolution was proposed and adopted. 99-33 - RESOLUTION - SUPPORTING THE BUREAU OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM (LLEBGP) VOTE: Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Zoldos and Mayor Clem Nay: None Absent: Vice Mayor Webb 9. (k) MOTION: On motion of Councilmember Buttery, seconded by Councilmember Umstattd, the following resolution was proposed and adopted. 99-34 - RESOLUTION AWARDING A CONTRACT FOR THE REVIEW OF ENGINEERING CONSTRUCTION DRAWINGS TO WILLIAM H. GORDON ASSOCIATES VOTE: Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Zoldos and Mayor Clem Nay: None Absent: Vice Mayor Webb NEW BUSINESS: 10. (1) MOTION: On motion of Councilmember Umstattd, seconded by Councilmember McDonald, the following resolution was proposed and adopted. 99-35 - RESOLUTION - REGARDING AVAILABILITY OF RECORDS WHEREAS, it is the desire of the Leesburg Town Council to ensure public access to records documenting the use of public funds; and -6- WHEREAS, it is furthermore the desire of the Leesburg Town Council to ensure that all actions of the Town assist, and do not hinder, full investigation of any alleged criminal misuse of public funds. THEREFORE RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Town Council hereby requests its legal counsel, Stephen M. Colangelo, Esquire, of McGuire, Woods, Battle & Boothe, LLP, to provide the Council with the answers to the following questions: 1. Notwithstanding any Virginia Freedom of Information Act exemptions which the Town may rely in keeping records confidential, is the Town of Leesburg permitted under relevant law to make public any and all records relating to the use of the Town's allegedly misused American Express charge card? Do the relevant investigatory authorities, including, but not necessarily limited to, the Commonwealth's Attorney and the Virginia State Police, have any objection to the Town's making said records available to the public? BE IT FURTHER RESOLVED, that Mr. Colangelo is requested to provide to the Town Council the answers to these questions as soon as possible: Should Mr. Colangelo advise the Council that; 1.) the Town is permitted to make said records public; and 2.) the relevant law enforcement authorities have no objections to the publication of such records, then the Leesburg Town Council hereby directs the Town staff, including the Deputy Town Attorney, the Town Manager, and the Director of Finance, to make said records immediately available for public inspection and copying under the rules governing non-exempt documents under Virginia's Freedom of Information Act. SECTION II. The Deputy Town Attorney is directed to transmit a copy of this resolution to Stephen M. Colangelo, Esquire, immediately. DISCUSSION: Councilmember Zoldos asked that this matter be referred to the next committee, stating there are a lot of unanswered questions and that the Council should discuss them before moving forward with this motion. Mayor Clem stated an executive session will be held next Tuesday and recommended this be forwarded to that meeting. Councilmember Umstattd objected to sending the motion to Committee and requested a vote on the motion tonight. Mayor Clem stated, "we have a policy in place - any member can send it back." Councilmember Umstattd stated, "if this does not go through Committee. This is a motion for the full Council." Mayor Clem stated, "we don't have a complete Council here." Councilmember Umstattd stated, "we've never used that argument to propose anything before." Mayor Clem stated, "I recommend that it go to our executive session on Tuesday." Councilmember Umstattd stated, "that would be over my strong objection your Honor." Councilmember Buttery stated, "I understand Ms. Umstattd's position on this, and as I have read this motion I don't have any particular problem with it. I have not had the opportunity to speak with Mr. Colangelo. It is my understanding that it has been the practice and policy that if there is a Councilmember who does wish to send it to a Committee for further discussion then that can be done. That is my understanding. I don't have any particular problem with this." Councilmember McDonald stated, "I do not have a problem with it. Being a former police officer and with the wording of the resolution, as proposed, I know that if it involves the release of any information that would be harmful to the ongoing investigation, they certainly would not release it. I have no problem with the judgment of the attorney that we've hired nor the investigator's performing the investigation." -7- Councilmember Zoldos withdrew his objection. Mayor Clem stated, "I don't mind if we vote on it. I do have some concerns about Section II - that it be done immediately. I think we need to at least sit down with our attorney and understand what we are doing. It says here to transmit this to him immediately. I guess I don't have any problem with transmitting this to him immediately. Then our meeting will be on Tuesday. I just don't want to rely on some letter that has to come back within so many hours." Councilmember Umstattd stated, "this would simply be to send him a copy of this immediately so he can begin to prepare whatever." Councilmember Zoldos stated, "! am not opposed to your resolution. I am opposed to the fact that we have hired a law firm to represent us and I think we should follow their directions which has been up to this point - I think we have. ! think this needs further discussion before we go forward with this. That's my only objection to your resolution." Councilmember Umstattd called for the vote. VOTE: Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Zoldos and Mayor Clem Nay: None Absent: Vice Mayor Webb Councilmember McDonald stated he received a phone call regarding the repairs that are being done to the water line on Loudoun Street. He expressed concern with the quality of the re-paving of the street. Mr. Mason stated he will speak with the utility department, who is managing the contract, and will report back to the Council. Mayor Clem asked Mr. Brown to look into eliminating two parking spaces on North King Street, near the intersection of North King and Market Streets, in order to accommodate valae parking and a right-turn lane. On motion of, and duly seconded, the meeting was adjourned at 8:30 p.m. Clerk of Council Ja . Clem, Mayor We hl,'e r~:ei', ed %he fcd!.':~ing ~,ate?ial th~'c~agh 800-ZS2-2633 ~a:~ 85L..Z'S-B852 CF!~ :.et us help you ~et your ~anumls op-te-date, Ye ca~ ~i~trib~t:: t~m for you fo~ e minimal fee! ~--~J! y~ur or?~ to s ~t ;rds~mai],~u~ice~e.com TO: Ms, Judy Lholt Clerk ~f Counc~ Leesburg~ ~ 2017B