HomeMy Public PortalAbout1999_03_23 (2)MINUTES OF MARCH 23, 1999
A regular meeting of the Leesburg Town Council was held on Tuesday, March 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
Mervin Jackson
Leonard McDonald
Kristen C. Umstattd
B. J. Webb
Bob Zoldos
Mayor James E. Clem
STAFF MEMBERS PRESENT
Acting Town Manager Paul E. York
Director of Engineering and Public Works Thomas A. Mason
Director of Parks and Recreation Kaj Dentler
Director of Planning, Zoning and Development Michael Tompkins
Chief of Current Planning Lee Phillips
Assistant Town Manager for Economic Development John Henry King
Deputy Town Attorney Deborah Welsh
Clerk of Council Barbara Markland
1. INVOCATION was given by Councilmember Zoldos.
2. SALUTE TO THE FLAG was led by Vice Mayor B. J. Webb.
3. ROLL CALL All members of the Council were present.
4. APPROVAL OF MINUTES:
MOTION: On motion of Councilmember McDonald, seconded by Councilmember Buttery, the
special meeting minutes of February 23, 1999, March 1, 1999, March 2, 1999, March 16, 1999
and the regular meeting minutes of February 23, 1999 and March 10, 1999 were approved as
written.
VOTE:
Aye: Councilmembers Buttery, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
Abstain: Councilmember Jackson. Vice Mayor Webb abstained from 4. a, b, and c.
Councilmember Buttery abstained from 4. a, regarding discussion on the high school site and
from 4. c. Councilmember Zoldos abstained from 4. f.
5. PETITIONERS There were no petitioners.
6. PUBLIC HEARINGS:
To consider the vacation of a front yard building restriction line at 245 Loudoun Street,
S.W. - Mr. Phillips provided the public hearing staff report. No public comment was
received on behalf of this application. The public hearing was closed and deferred for
further consideration under the legislation portion of the agenda.
b. To consider an additional refuse collection day for businesses in the limited historic
downtown district - Mr. Mason provided the public hearing staff report.
Ms. Linda Callaghy addressed the Council, on behalf of the Downtown Committee a
subcommittee of the Leesburg Economic Development Commission, in support of the additional
refuse c.vllection day.
lVh'. W~lliam Zawacki a resident of Leesburg expressed support of the additional refuse collection
day an.; extending the area of pick up to include the Leesburg fire house and adjoining doctor's
office. Mr. Zawacki expressed concern that businesses block the sidewalks with their trash
receptacles and that the town's refuse service blocks the sidewalks when the receptacles are put
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back. He also urged the Council to enforce the town code regarding removal of snow from
sidewalks.
Mr. Chuck Thornton representing the Leesburg Economic Development Commission Downtown
Committee expressed support of the additional collection day.
Councilmember Buttery asked staff to look into the cost of extending the collection to the fire
house.
The public hearing was closed. This matter was referred to the April 6, 1999 Administration and
Public Works Committee agenda.
c. To consider the FY 99-2000 Budget - Mr. York provided the public hearing staff report and
slide presentation.
Mr. Leland Mahan, Mr. Keith Troxel and Mr. Randy Collins represented the Small Business
Development Center and requested funding and support in the amount $10,000.
Ms. Tracy Gillespie and Ms. Eileen Broom representing the Loudoun Museum requested
continued funding in the amount of $14,000.
Ms. Julie Ems[, representing the Meadows Lane Homeowners Association requested a donation
in the amount of $10,000 to help offset the cost of playground equipment.
Mr. Kelly Yost representing the YMCA requested funding in the amount of $20,000.
Ms. Linda Callaghy representing the Loudoun Tourism Council requested funding in the amount
of $89,400.
Mr. Craig Lane, a resident of Cobler Terrace, Kincaid Subdivision, addressed the Council with
the concern that townhouse owners do not receive the same level of services even though they
pay the same tax rates. Mr. Lane stated, "the 133 townhouses in Kincaid Forest are being forced
to pay an additional $17,550 in taxes every year to HOA for the specific purpose of maintaining,
repairing and replacing roads, gutters and sidewalks in and around the townhouse areas. This
does not include snow removal. We are forced to take of items that other residents in Leesburg
have serviced by the town using tax revenues collected from real property taxes, personal
property taxes and other sources. These are the same tax revenues that the townhouse owners
pay at the same accessed rate as those residents who receive these services from the town." Mr.
Lane asked, "why doesn't the Town maintain the roads in the dead end cul-de-sac known as
Cobler Terrace, in the Town, when it maintains other dead end cul-de-sacs within the Town
limits? Mr. Lane stated, "another of the Town services provided to the Town citizens is public
lighting. The Town is expected to pay upwards of $193,000 for maintaining and operating
expenses associated with street lights. This is an expense paid for by tax dollars collected from
all residents of Leesburg. None of the residents in Kincaid Forest can count public lighting as a
service they receive for their Town tax dollar. In 1998, the residents of Kincaid Forest
collectively paid an additional $4,700 in HOA tax that paid for public lighting in our community.
This figure is likely to double when the subdivision is completed. Why doesn't the Town
provide the service of public lighting to the Leesburg residents living in Kincaid Forest when it
provides public lighting to other Leesburg residents in other parts of the Town?" Mr. Lane asked
that he and all residents who live and pay taxes within the Town of Leesburg, receive the same
public services that other residents in the Town receive. Mr. Lane asked, "does the Council
believe that the inequitable distribution of public services is wrong and if so will you help me
correct these problems, identified this evening, to help ensure that in the future all residents in
the Town will receive the same high quality services that at present, only the privileged or the
wealthy seem to enjoy."
Ms. Patti Russell representing the Loudoun County Volunteer Rescue Squad requested funding
of $80,000.
Mr. Marty Mantell representing the Leesburg Volunteer Fire Company requested funding in the
amount of $110.000.
Mr. Bob Sevila, Chairman of the Loudoun County Chamber Public Policy Committee and Mr.
Randy Collins introduced Dr. Drew Luce, a new member of the Committee.
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Mr. Ron Amick representing the Loudoun House Coalition requested a $10,000 contribution.
Mr. Amick stated the coalition will be expanding to serve the entire northeast quadrant of town.
The coalition is currently in the process of changing its name to the Northeast Coalition.
Ms. Elizabeth Lewis Clark representing the Blue Ridge Speech and Hearing Center requested a
contribution of $10,000.
Mr. Mark Humphrey representing First Night Leesburg requested continued funding in the
amount of $2,500. Mr. Humphrey, on behalf of the Loudoun Library Foundation requested
funding of $7,100. (Note: Application form did not specify amount.)
Mr. Steve Robin and Mr. Peter Dunning representing the Bluemont Concert Series requested
continued funding plus an additional $5,000 for a cooperative marketing effort. For a total of
$20,000.
Mr. Chuck Thornton representing the Downtown Committee of the LEDC requested new trash
cans and benches for downtown at a cost of $33,300. Mr. Thornton also asked the Council to
urge VDOT to not compromise pedestrian crossing on Catoctin Circle due to VDOT's widening
project.
Mr. Doug Goolsby a resident of Chancellor Street urged the Council to not install the bike trail
connection from Chancellor Street to the W&OD trail.
7. COUNCILMEMBER COMMENTS
Councilmember Buttery welcomed Councilmember Jackson. He announced that a VDOT public
hearing on the proposed Catoctin Circle Widening Project will be held tomorrow at 7:30 p.m., in
the lower level meeting room.
Councilmember McDonald attended the March 22, 1999 meeting of the EAC. He encouraged
comments and suggestions from the Town Council. He reported on dumping of asphalt into the
Tuscarora Creek and asked staff to look into this matter. Mr. McDonald asked that additional
copies of the Stormwater Master Plan be forwarded to the EAC. Mr. McDonald addressed a
letter to the Editor of the Loudoun Times-Mirror written by Ms. Diana Love. He stated, "first of
all, I would like to state to her - if she knew me and knew me personally, she would know that
the comments she made were totally uncalled for. First of all, its in reference to a recent
situation which I believe we have attempted to handle in a proper manner. My concern is the fact
that certain things or actions that the Council took were attacked. One in particular has to do
with the fact of providing health insurance to Mr. Brown for six months until August 31, 1999.
Whether or not Mr. Brown committed any offenses or not, whether or not he committed any lack
of judgments or not, I did not feel that like the rest of this Council felt that the health of his
children should be put in jeopardy. That is one of the reasons I supported that. Secondly, the
agreement that was struck ! think Ms. Love needs to direct some attention to the Commonwealth
Attorney's office because that is who formed the agreement, who wrote the agreement as it was
presented to us. I don't think that we had much of a decision in it. Also if she will play close
attention, I think that I'll let Vice Mayor Webb address this but I do believe the Town is
currently continuing its audit and will provide answers to the public in reference to anything to
do with those funds and the card."
Councilmember Umstattd stated, a public hearing was held by the Planning Commission on the
CIP. The Planning Commission voted unanimously to recommend that Council amend the CIP
to include two projects. A sidewalk or asphalt trail along Harrison Street from Catoctin Circle
north towards Market Station. Funds were proffered, as part of the Middleburg Bank project.
The second project is a storm drainage project for the Woodberry Road area.
Mayor Clem asked Mr. York to look into these two project and include them in the Council's
packet.
Councilmember Jackson stated he is blessed to be on the Council. It is an outstanding Council to
work with. He thanked the town staff, boards and commissions, and legal staff for all their hard
work.
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Councilmember Zoldos, welcomed Councilmember Jackson. He stated a meeting of the Tree,
Parks and Recreation and EAC commissions will be held on April 26, 1999 at the Rust Library.
A steering committee will meet on April 9, 1999 to determine the agenda for the meeting. A
total of 566 trees have been planted do date in support of the Town's 2000 by 2000 project. He
encouraged the citizens support. The Flower and Garden Show is scheduled for April 24 and 25,
1999. The Tree Commission, Department of Parks and Recreation, Virginia Department of
Forestry, Isaac Walton League of America, Leesburg Arbor Day Committee, Citizens and
Volunteers of Virginia and Chesapeake Bay Restoration Fund, Loudoun Soil and Conservation
District and the Loudoun Wildlife Conservatory is seeking volunteers for a Leesburg forest
restoration and repair project. Volunteers are needed to help plant seedlings at Ida Lee Park.
The Arbor Day tree was planted at the new middle school. The Arbor Day Celebration will be
held on April 17, 1999.
Vice Mayor Webb stated, Officer T. J. Moore and the Leesburg Police Department is sponsoring
a Christmas in April house on Loudoun Street. Officer Moore has sponsored this house with his
own money. There will be additional funds needed to complete the project. Ms. Webb asked
that additional contributions be forwarded to the Leesburg Police Department. Ms. Webb asked
the members of the Council to provide lunch for the volunteers in April when everyone is out
there working on the house. Ms. Webb urged residents to contribute to the volunteer rescue
squad. Ms. Webb attended a meeting of the Loudoun County High School/Business Partnership.
Ms. Webb met with Mr. Starzinski of the high school regarding the parking situation and
suggested that a meeting be held with the area citizens to see what can be done. At the Airport
Commission meeting, discussion was held regarding the noise overlay zone. Supervisor Rokus
has been raising funds for the new ball fields for the new high school site. Ms. Webb asked that
the budget work session be rescheduled for Saturday, March 27, 1999. Ms. Webb welcomed
Councilmember Jackson.
Councilmember Zoldos commended Mr. York and town staff for the outstanding job on the
budget, as well as the street department for their hard work removing snow from the streets.
MAYOR'S REPORT Mayor Clem attended the tree planting at the new middle school.
Leesburg Pharmacy which has been in business for 25 years, celebrated a grand re-opening
and expansion of their business. Mayor Clem congratulated Peter Banzhaf for obtaining the
level of Eagle Scout. Mayor Clem asked the zoning staff to look into correcting the signage
violations around town. He pointed out that the town's independent auditor's report will be
presented to the Town Council on April 27, 1999 regarding the town's American Express
credit card. Mayor Clem welcomed Councilmember Jackson.
9. MANAGER'S REPORT - Mr. York referred to the written activity report, soliciting
any questions from the Council.
LEGISLATION
(a) MOTION: On motion of Councilmember McDonald, seconded by Councilmember Buttery,
the following ordinance was proposed and adopted.
99-0-8 - ORDINANCE - ELIMINATING A 35' BUILDING RESTRICTION LINE
ON LOTS 1, 2, AND 3 OF THE LOUAYR SUBDIVISION
WHEREAS, Robert Montagne of Walnut Street Development Co. has requested the
elimination of the 35-foot front yard building restriction line (B.R.L.) on lots 1, 2, and 3 of the
Louayr Subdivision; and
. WHEREAS, the elimination of the 35-foot front yard B.R.L. is consistent with the
current zoning district setback requirements; and
WHEREAS, the elimination of the front yard B.R.L. will not adversely impact the
adjacent properties; and
WHEREAS, a public hearing was held on March 23, 1999, to consider the elimination of
the front yard B.R.L.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
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SECTION I. The elimination of the front yard B.R.L. is hereby approved for lots #1, 2,
and 3 of the Louayr Subdivision as shown on the plat entitled "Vacation of 35' Building
Restriction Line, Lots 1, 2, & 3 Louayr Subdivision", prepared by Wolford &Chen, P.C., dated
February 3, 1999.
SECTION II. This ordinance shall be in effect upon its passage.
VOTE:
Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
CONSENT AGENDA
(b), (c), (d), (e), (f), (g), (i), (j), (k), (1), (m), (n), (o), (p), (q), (r) MOTION: On motion of
Councilmember Buttery, seconded by Vice Mayor Webb, the following resolutions were
proposed and unanimously adopted.
99-72 RESOLUTION - AUTHORIZING AN APPROPRIATION FROM THE
UNAPPROPRIATED GENERAL FUND BALANCE INTO THE PARKS AND
RECREATION REPAIRS AND MAINTENANCE ACCOUNT FOR MODIFICATIONS
TO THE FRONT DOORS AT THE IDA LEE PARK RECREATION CENTER
99-73 - RESOLUTION - AUTHORIZING THE SUBMISSION OF A 1999 VIRGINIA
RECREATION TRAILS FUND PROGRAM APPLICATION FOR FUNDING
ASSISTANCE FOR THE DESIGN AND CONSTRUCTION OF CATOCTIN
CIRCLE/W&OD TRAIL CONNECTOR
99-74 - RESOLUTION - AUTHORIZING THE SUBMISSION OF A 1999 VIRGINIA
RECREATION TRAILS FUND PROGRAM APPLICATION FOR FUNDING
ASSISTANCE FOR THE DESIGN AND CONSTRUCTION OF THE IDA LEE
PARK/NORTH KING STREET TRAIL
99-75 - RESOLUTION - MAKING AN APPROPRIATION FOR RENOVATIONS TO
THE THIRD FLOOR OF THE TOWN OFFICE BUILDING
99-76 - RESOLUTION - ESTABLISHING A CAPITAL PROJECT AND MAKING AN
APPROPRIATION FOR ROAD WIDENING AND A SIDEWALK ON THE NORTH
SIDE OF EAST MARKET STREET FROM LOUDOUN STREET TO HARRISON
STREET
99-77 - RESOLUTION - AUTHORIZING A CONTRACT FOR CONSTRUCTION OF
THE KENNETH B. ROLLINS WATER FILTRATION PLANT EXPANSION
99-78 RESOLUTION - REQUESTING THE VIRGINIA DEPARTMENT OF
TRANSPORTATION TO ACCEPT CERTAIN STREETS
99-79 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION
OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR LEESBURG GATEWAY CONDOS
99-80 - RESOLUTION - AUTHORIZING A TIME EXTENSION WITH CONDITIONS
FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A
PERFORMANCE GUARANTEE FOR EXETER HILLS SECTION 5A
99-81 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION
OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR EXETER HILLS SECTION 6A
99-82 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION
OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR POTOMAC STATION SECTION lA
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99-83 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION
OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR POTOMAC STATION SECTION 1D
99-84 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION
OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR POTOMAC STATION SECTION 1E
99-85 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION
OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR POTOMAC STATION SECTION 2AB
99-86 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION
OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR POTOMAC STATION SECTION 2GH
98-87 - RESOLUTION AUTHORIZING A CONTRACT WITH J. HAMILTON
LAMBERT & ASSOCIATES TO ASSIST THE TOWN OF LEESBURG WITH VARIOUS
PROJECTS
VOTE:
Aye: Councilmembers Buttery, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
Abstain: Councilmember Jackson
10. (h) MOTION: On motion of Councilmember Zoldos, seconded by Vice Mayor Webb, the
following resolution was proposed and adopted.
99-88 RESOLUTION - AUTHORIZING THE SETTLEMENT OF THE
MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY VERSUS THE COUNTY
OF LOUDOUN, VIRGINIA ET. AL., AT LAW NO. 18621
VOTE:
Aye: Councilmembers Buttery, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
Abstain: Councilmember Jackson
10. (s) MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Buttery, the
following resolution was proposed and adopted.
99-89 - RESOLUTION - AUTHORIZING AN ADJUSTMENT IN COMPENSATION FOR
THE ACTING TOWN MANAGER
VOTE:
Aye: Councilmembers Buttery, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
Abstain: Councilmember Jackson
10. (t) MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Zoldos, the
following resolution was proposed and adopted.
99-90 - RESOLUTION - AUTHORIZING THE USE OF THE COUNCIL CHAMBERS
VOTE:
Aye: Councilmembers Buttery, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
Abstain: Councilmember Jackson
11. NEW BUSINESS:
MOTION: On motion of Councilmember Zoldos, seconded by Councilmember Buttery, the
Budget work session scheduled for Friday, March 26, 1999, is rescheduled for Saturday, March
27, 1999, from 9 am to 12 noon.
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VOTE:
Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
MOTION: On motion of Councilmember Buttery, seconded by Councilmember McDonald, the
following resolution was proposed and adopted.
99-91 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS
FOR RIVER CREEK - PHASE IV, SECTION lB (LANDBAY "E")
VOTE:
Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
MOTION: On motion of Councilmember Buttery, seconded by Councilmember Zoldos, the
following resolution was proposed and adopted.
99-92 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS
FOR RIVER CREEK - GOOSE CREEK SANITARY SEWER PUMP STATION
VOTE:
Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
Councilmember Zoldos stated he and Mayor Clem have reviewed the letters of interest from the
applicants who applied to serve the town on the Information Technology Committee and have
narrowed the list down to seven.
MOTION: On motion of Councilmember Zoldos, seconded by Vice Mayor Webb, the following
resolution was proposed and adopted.
99-93 - RESOLUTION - MAKING APPOINTMENTS TO THE INFORMATION
TECHNOLOGY COMMITTEE
WHEREAS, it is the desire of the Leesburg Town Council to create an Information
Technology Committee (ITC) that would participate in the evaluation of the town's information
systems and provide the Town Council and Town Manager with recommendations including
options/priorities and budgetary impacts; and
WHEREAS, the ITC shall consist of seven members of the community appointed by the
Town Council, a councilmanic representative and the Director of Information Technology; and
WHEREAS, at the direction of the Town Council, advertisements were placed in the
Leesburg Today on January 29, 1999, and January 27, 1999, soliciting letters of interest from the
Leesburg community; and
WHEREAS, as a result of the advertisements, an overwhelming response was received;
and
WHEREAS, a lengthy review of all the candidate's profiles was conducted during the
first two weeks of March, 1999.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Richard T. Adamson, Erin Barbee, Ichiro Hoshiyama, Alicia Crawford
Lindsey, Josh Morton, Michael R. Rogers, II, and James L. Russell are appointed to the
Information Technology Committee.
SECTION II. Councilmember Robert Zoldos will serve as the Councilmanic
representative along with the Director of Information Technology.
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VOTE:
Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
The Council asked staff to place the matter of Councilmember Jackson's appointment to the
Planning and Zoning Committee and Councilmember McDonald's appointment to the
Administration and Public Works Committee on the April 6, 1999 committee agenda.
The meeting was adjourned at 10:40 p.m.
Clerk of Council
Jatr~es E. Clem, Mayor