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Home My Public Portal About1999_02_23TOWN COUNCIL MEETING MINUTES OF FEBRUARY 23, 1999 A regular meeting of the Leesburg Town Council was held on Tuesday, February 23, 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 Bob Zoldos Mayor James E. Clem STAFF MEMBERS PRESENT Director of Finance Paul E. York Director of Engineering and Public Works Thomas A. Mason Director of Parks and Recreation Kaj Dentler Zoning Administrator Brian Boucher Assistant Town Manager for Economic Development John Henry King Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Markland 1. INVOCATION was given by Councilmember Leonard McDonald. 2. SALUTE TO THE FLAG was led by Councilmember Zoldos. 3. ROLL CALL all members of the Town Council were present. 4. APPROVAL OF MINUTES MOTION: On motion of Councilmember Buttery, seconded by Councilmember McDonald, the special meeting minutes of January 19, 1999, February 12, 1999, February 16, 1999 and the regular meeting minutes of February 9, 1999 were approved as written. VOTE: Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem. Nay: None Abstain: Councilmembers Umstattd and Zoldos from the January 19, 1999 special meeting minutes. Vice Mayor Webb from the regular meeting minutes of February 9, 1999. 5. PETITIONERS Ms. Kelly Burke, President of the Loudoun Education Association, addressed the Council regarding the celebration of Dr. Seuss' birthday. Ms. Burke invited the Council to participate in the celebration at Catoctin Elementary School. Mr. Ted London and Mr. Leland Mahan, representing the Loudoun County Small Business Development Center, addressed the Council providing an update of the centers progress in the community. A small business workshop is scheduled on Thursday, in the lower level meeting room. Mr. Mahan requested continued funding of the center. Mr. Mark Tate, a member of the Middleburg Town Council, addressed the Council requesting support of the Council for the Loudoun County Board of Supervisors, Mercer District seat. Mr. Josh Skinner along with several other young gentlemen, addressed the Council in support of a bike track. They requested the Council's support in finding a 1/3 acre tract of land in town for the bike track. Mr. Skinner stated no money from the town is requested and that his father will provided the excavation work needed to build the track. Mr. Skinner then provided the Council with a petition 62 signatures also in support of the bike tract. Mayor Clem referred this matter to the Department of Parks and Recreation. -2- Tree Commission Chairperson Katherine Pritchard presented a Certificate of Appreciation to Mr. Chuck O'Brien, owner of U.S.A. Waste Company, for a donation of $1,000, used to purchase six trees which were planted at the Public Safety Center. Ms. Pritchard then presented the Mayor with an award for the town's 2000 by 2000 Program. Tree Commission member Earl Hower provided a presentation of the Tree Commission's 25 Year Strategic Plan. Councilmember Zoldos thanked the Tree Commission for the presentation and their hard work. Mr. Zoldos encouraged the Council to provide the Tree Commission, during the upcoming budget deliberations, with the necessary funding to continue their efforts. 6. PUBLIC HEARINGS: a. To consider Zoning Ordinance amendments to permit by-right office use in the I-1 Zoning District - Mr. Boucher provided the staff report. No public comment was received. This matter was referred to the March 2, 1999 Planning and Zoning Committee for further consideration. b. was removed from the agenda by the applicant. 7. COUNCILMEMBER COMMENTS Councilmember McDonald asked the Council to submit any ideas or changes they would like to have brought before the EAC. He thanked Mr. Skinner for volunteering his services to help build a bike track for the youth of the community. Mr. McDonald expressed support of the Tree Commission's efforts and thanked them for their presentation. Councilmember Buttery_ echoed Mr. McDonald's comments regarding the Tree Commission's presentation. He thanked the youth who appeared this evening as petitioners in support of a bike track. Councilmember Umstattd, stated that the Council members were interviewed by the Commonwealth's Attomey this week in regard to the ongoing credit card investigation. Ms. Umstattd thanked the several individuals for "blowing the whistle" on the credit card situation. "This was a very difficult thing to do." Ms. Umstattd suggested the town begin a search for a new town minager, as Mr. Brown may become more uncomfortable in returning to his position. Councilmember Trocino echoed the comments made regarding the Tree Commission's presentation. He encouraged the Council's participation honoring Dr. Seuss' birthday at Catoctin Elementary School. He welcomed Ms. Kelly King to the Parks and Recreation Department staff. Mr. Trocino stated, "in light of the recent developments involving the credit card investigation I have become aware that the office of the Commonwealth's Attorney has expressed concern for my personal participation of any discussion or action related to the audit of the American Express Card Accounts, may give rise to a conflict of interest prohibited by the State and Local Governments Conflict of Interest Act or may in some way constitute an obstruction of justice. And all though I take serious issue in such a suggestion and I expressly deny any conflict or obstruction on my part, I shall disqualify myself from participating in any deliberations, discussions and any vote in relation to the credit card audit until the current investigation is completed." Mr. Trocino stated, "from the outset I have supported the audit which is currently underway. I supported the move to publicly disclose all of the documents and I have, as have all of you, cooperated in a timely fashion with the State Police in their investigation. The suggestion that I may have a conflict or have obstructed the process is false, specious, salacious and inconsistent with all of the actions I have ever taken. However, to eliminate any suggestions of impropriety, I have decided to take this step." Councilmember Zoldos applauded the Tree Commission for their presentation. The field trip taken to the Sherando Middle School on February 13, 1999, was successful. Vice Mayor Webb attended the YMCA's Chocolate Galore event. The event was a sell-out with over 600 participants. Ms. Webb attended the reception and grand opening of the Lightfoot Caf6. Ms. Webb welcomed the Reverend John Ormer, the new Rector of the St. James Episcopal Church. Ms. Webb disclosed that she met with representatives of the Peterson -3- Company and Waverly Point Apartments. A revised budget and CIP schedule has been submitted to all members of the Council. Ms. Webb thanked Middleburg Councilman Mark Tare for speaking this evening and also thanked Mr. Trocino for his remarks regarding the credit card investigation. Ms. Webb stated this is a difficult time for everyone involved. The investigation is on-going and will take some time, but meanwhile the Town of Leesburg will continue with it's business. 8. MAYOR'S REPORT Mayor Clem stated he received several complaints from residents regarding the loitering around the townhomes on 66 Plaza Street. He stated he was driving by the other day and witnessed what looked to be a drug deal taking place. He requested the Police Department to tighten up matters in this area. Mayor Clem attended the reception and grand opening of the Lightfoot Caf6 stating, "it is a world class restaurant. Mayor Clem performed the marriage ceremony of Tim Jon, of WAGE Radio, and his wife Lisa at the recently held Bridal Show. Mayor Clem spoke of the successful Chocolates Galore event, paying tribute to Ms. Lois Armstrong founder of the event. 9. MANAGER'S REPORT - Mr. York highlighted items in the Manager's Report. Councilmembers Buttery, McDonald, Umstattd and Zoldos disclosed that they had met with representatives of the Brisben Company. 10. LEGISLATION (a) MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Zoldos, the following ordinance was proposed and adopted. 99-0-4 - ORDINANCE - AMENDING SECTION 10-114 OF THE TOWN CODE PERTAINING TO CERTAIN THROUGH TRUCK TRAFFIC PROHIBITED WHEREAS, a public hearing to consider prohibiting certain through truck traffic was held on September 8, 1998; and WHEREAS, one citizen spoke in favor of the proposed amendment; and WHEREAS, all VDOT requirements were followed, notification to the trucking industry was provided, proper signage was posted, and an origin and destination study of the downtown area was performed; and WHEREAS, the traffic study revealed there is a need to prohibit certain through truck traffic in the downtown area. THEREFORE ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-114 should be amended to read as follows: Section 10-114. Motortrucks prohibited upon streets of town except where specifically permitted Cer'~in threugh tr--'-ck traffic prehibited. (a) No motortruck shall be operated in the town upon the following streets or street intersections except when necessary_ for the purpose of receiving loads or making deliveries upon the following streets. Except as prcv;,ded be!c,':,', :.t :ha!! be ',:n!awf'-q for (1) (2) (3) (4) (5) (6) King Street (Route 15 Business) between Battlefield Parkway and Catoctin Circle Market Street (Route 7 Business) between Liberty Street and East Loudoun Street Loudoun Street between Dry Mill Road and East Market Street Dry Mill Road between Catoctin Circle and Loudoun Harrison Street between Catoctin Circle and East Market Street Edwards Ferry Road between Plaza Street and East Market Street -4- (b) The operation of a motortruck on any of the above-designated streets or street intersections shall be considered necessary_ for the purpose of receiving loads or making deliveries within the town only when the place of receipt or delivery may be accessed only by travel upon such street or street intersection and then only to the minimum extent that travel upon such street or street intersection is necessary for ingress-egress to the place of receipt or delivery. (c) For the purpose of this section, "motortruck" is defined as (1) every_ motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of seven thousand five hundred (7,500) pounds, and (2) every_ motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry_ a load other than a part of the load and weight of any vehicle attached thereto. Paragraph (a) above does not apply to the following: origin within the town; (--3-)CD The operation of emergency vehicles upon any street or highway within the town; The operation of motortrucks or vehicles owned or operated by the town, or agents of the town, public utilities, or motortrucks owned or operated by the Virginia Department of H:,ghway: and Transportation or its agents; The operation of moto.rtrucks or vehicles upon any official established detour within the town; ~- ....:' :ha!!" .... ' .... ~:'" "^- any per:on '^ ^p~-~'~ a * .... '- ^- ^'~' ..... ":~' .... :*~' a Market Street. SECTION II. All prior ordinances in conflict herewith are repealed. 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 10. (b) MOTION: On motion of Councilmember Buttery, seconded by Councilmember McDonald, the following ordinance was proposed and adopted. 99-0-5 - ORDINANCE - AMENDING SECTION 10-154 OF THE TOWN CODE TO PROVIDE PASSENGER LOADING/UNLOADING AREA WHEREAS, to establish short term passenger loading/unloading zones along public streets the Town Code must be amended. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: Section 10-154. Manner of using loading zones. -5- (a) Where a loading and unloading zone has been set apart by the municipal manager, the following regulations shall apply with respect to the use of such areas: (1) No person shall stop, stand or park a vehicle for any purpose or length of time, other than for the expeditious unloading and delivery or pickup and loading of materials, in any place marked as a curb loading zone during hours when the provisions applicable to such zone are in effect. All delivery vehicles, other than regular delivery trucks, using such loading zones shall be identified by the owner's or company's name in letters three inches high on both sides of the vehicles. (2) The driver of a passenger vehicle may stop temporarily in a space marked as a curb loading zone for the purpose of, and while actually engaged in, loading or unloading passengers or bundles, when such stopping does not interfere with any vehicle used for the transportation of materials which is waiting to enter or is about to enter such loading space. (b) Where a passenger loading and unloading zone has been set apart by the municipal manager, the following regulations shall apply with respect to the use of such areas: (1) The driver of a passenger vehicle may stop temporarily in a space marked as a passenger loading zone for the purpose of, and while actually engaged in, loading or unloading passengers. (2) Use of a passenger loading zone is restricted to loading or unloadinl~ passengers only, Loading, unloading and delivery or pickup and loading of materials or bundles is not permitted within a passenger loading zone. VOTE: Aye: Councilmembers Buttery, McDonald, Trocino Umstattd, Webb, Zoldos and Mayor Clem Nay: None 10. (c) MOTION: On motion of Councilmember McDonald, seconded by Councilmember Trocino, the following ordinance was proposed and adopted. 99-0-6 - ORDINANCE - AMENDING SECTION 5.2-1(c) OF THE TOWN CODE TO DELETE THE APPOINTMENT OF A PARKS AND RECREATION ADVISORY COMMISSION MEMBER TO THE ECONOMIC DEVELOPMENT COMMISSION VOTE: Aye: Councilmembers Buttery, McDonald, Trocino Umstattd, Webb, Zoldos and Mayor Clem Nay: None CONSENT AGENDA 10. (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p) MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Buttery, the following resolutions were proposed and unanimously adopted. 99-39 - RESOLUTION - AUTHORIZING APPROVAL OF THE BRANDON PARK MASTER PLAN 99-40 - RESOLUTION - APPROVING AN APPROPRIATION OF $20,000 TO THE TOWN MANAGER'S CONTRACTUAL SERVICES ACCOUNT TO FUND THE ENGINEERS AND SURVEYORS INSTITUTE (ESI) PROGRAM IN THE TOWN OF LEESBURG UNTIL JUNE 30, 1999 99-41 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR SYCAMORE HILL PHASE I/OFFSITE STORMWATER POND 99-42- RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN GREENWAY FARM SECTION 7 -6- 99-43 RESOLUTION MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN SYCAMORE HILL RECREATION CENTER 99-44 RESOLUTION MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN SYCAMORE HILL PHASE I, SECTION I 99-45 RESOLUTION MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN SYCAMORE HILL PHASE I, SECTION 3 99-46 RESOLUTION MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN THE POTOMAC STATION COMMUNITY CENTER 99-47 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT EVERGREEN MILL ELEMENTARY SCHOOL 99-48 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT LEESBURG PARK PHASE II 99-49 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE PAXTON CHILD DEVELOPMENT CENTER 99-50 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH THE MARYLAND DEPARTMENT OF ENVIRONMENTAL QUALITY 99-51 - RESOLUTION - DIRECTING THE TOWN MANAGER TO REQUEST RIGHT- OF-WAY FOR TRAILVIEW BOULEVARD ON CARDINAL INDUSTRIAL PARK LOT 5 IN ACCORDANCE WITH RECORDED RESERVATION AND DEDICATION AGREEMENTS VOTE: Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem Nay: None On motion of, and duly seconded, the meeting was adjourned at 9:15 p.m. Clerk of Council Jjrfnes E. Clem, Mayor