HomeMy Public PortalAbout1999_04_13MINUTES OF APRIL 13, 1999
A regular meeting of the Leesburg Town Council was held on Tuesday, April 13, 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 (absent)
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
Public Information Officer Susan Farmer
Assistant Town Manager for Economic Development John Henry King
Town Attorney George Martin
Clerk of Council Barbara Markland
1. INVOCATION was given by Councilmember Zoldos.
2. SALUTE TO THE FLAG was led by Boy Scouts Bryan Phillips and Sam Drumheller from
Pack 982.
3. ROLL CALL All members of the Council were present except Councilmember Buttery.
4. APPROVAL OF MINUTES:
MOTION: On motion of Vice Mayor Webb, seconded by Councilmember McDonald, the
special meeting minutes of March 30, 1999 and the regular meeting minutes of March 23, 1999,
were approved as written.
VOTE:
Aye: Councilmembers Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
Absent: Councilmember Buttery
5. PROCLAMATION:
MOTION: On motion of C(~hncilmember Zoldos, seconded by Councilmember Umstattd, the
following proclamation was proposed and unanimously adopted.
Proclaiming Arbor Day for the Town of Leesburg
VOTE:
Aye: Councilmembers Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
Absent: Councilmember Buttery
6. PETITIONERS:
Mr. Steve Gruner, Real Estate Specialist and Mr. John Bolish, Facility Specialist with the U. S.
Postal Service addressed the Council stating the postal service is beginning to plan for a new
facility in the Town of Leesburg within the 20176 area. Approximately 3.5 acres is required.
Mr. Gruner stated he will keep in close contact with the town as this project progresses.
Mr. Earl Hower addressed the Council with an update and progress report of the Ida Lee Park
forest repair project.
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Mr. Hower and Ms. Gem Bingol presented two "ceremonial" checks from the Loudoun Wildlife
Conservatory and the Loudoun County Chapter of the Isaac Walton League in the amount of
$1300 each.
Ms. Kelly Gower, addressed the Council on behalf of Child Abuse Prevention Month. Ms.
Gower passed out blue ribbons and encouraged the Council to wear them for the next two weeks
in support of Child Abuse Prevention Month.
Mr. Bill Zawacki a resident of Chesterfield Place, S.W., addressed the Council stating the fire
company has, within the last week, turned the siren back on. He requests the Council's help in
getting the siren turned back off and encouraged the adoption of legislation to permanently
disconnect the siren. He stated the fire company will not justify reasons for the siren.
Mr. Gary Cavanaugh, a resident of Chesterfield Place, S.W., addressed the Council in support of
silencing the fire siren.
Ms. Sonia O'Brien a resident of Chesterfield Place, S.W., addressed the Council in support of
silencing the fire siren.
Ms. Del Marsh, a resident of Chesterfield Place, S.W., addressed the Council in support of
silencing the fire siren.
Mr. Gene Haislip a Leesburg resident addressed the Council in opposition to the fire siren. He
stated it seriously impacts the quality of life for the surrounding residents. He requested the
Council's support in this matter.
Ms. Gem Bingol, Chairman of the Coalition for Leesburg's Future, addressed the Council
regarding town processes and policies. "The coalition wants to go on record to request the
Council to review and officially embrace more public and open operational policies. It is our
hope that in that review process you will consider a guiding set of democratic and human values,
ethos, if you will which would make up the heart of governance in Leesburg. Then we hope you
would translate these values into policies. In embracing such an ethos it might help ease some of
the considerable challenge inherent in the job. Such a review and revision would also represent a
healthy step toward a participatory democracy which is more in keeping with the changing
dynamics of today's world. In the past governance in small communities like Leesburg followed
a command and control model of management. Power was fairly closely held with information
distributed on a need-to-know basis. A few town fathers determined what was in the
community's best interest and the system may have been fairly effective. Today however,
Leesburg's growing population and diversity combined with the explosion of new information
and problems demands that governance shift to a more open management model. Recognizing
that a multitude of perspectives and information are required to effectively meet the needs of the
whole community. We recognize the great personal commitment involved in serving on the
Town Council and are gratefdl to you for taking that role despite the many personal sacrifices.
We hope that you don't take this request for a process and policy review personally. Rather we
would hope that you recognize it as an opportunity to improve the institution of our government.
It is in Leesburg's best interest to keep the channels of information flowing in both directions so
that you can receive input and come up with decisions that serve the common interest of the
community while enga. ging citizens in the democratic process. We are all aware of a public
disinclination to fully engage in the responsibility of citizenship for many reasons and we know
that both community and society suffer from that disengagement. Although we can't force
public involvement the Coalition sees itself in partnership with you in keeping citizens more
informed and involved in an open and inviting public process of government and hope that you
will consider our input seriously.
Mayor Clem stated, with regard to the fire siren, "we will talk about this in our workshop and
formulate some direction and make sure the siren is eliminated."
7. PUBLIC HEARING: To consider amendments to the Town Code pertaining to the
Leesburg Municipal Airport, Airport Commission and Airport Fees. - Mr. York provided
the public hearing staff report.
Mr. John Rocca, CEO of Brothers Signal Company and owner of a corporate aircraft at the
Leesburg airport, addressed the Council in opposition to the proposed increase in user fees. Mr.
Rocca stated he would support a flat fee of $100.00 per airplane. Mr. Rocca objected to the 30
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day residency provision, as proposed, and suggested a date of residency. He stated there are
other ways of generating revenues, such as landing fees. He urged the Council to reconsider the
proposed amendments and fee increases.
Ms. JoAn Keefe, representing Pro Pilots, Inc., stated the advertisement for the public hearing
states current user fees "-0-". Ms. Keefe stated she has been paying user fees and asked if they
were legal and if the town was supposed to be collecting them? Ms. Keefe asked, with regard to
the user fees, if is was once a day, once a year or once a month? With regard to the aircraft user
type fee, current fee is $2.00 increasing to $5.00, is this once a year? Mr. York stated, this is a
daily fee. Ms, Keefe asked if this was included in the tie-down fee? Mr. York stated, he did not
believe it was. The tie-down fees are not proposed to be increased. Mr. Caulkins stated, this is a
fee charged to visitors that have the town/airport take care of their aircraft. Ms. Keefe asked that
this be clarified because it is misleading. Ms. Keefe asked that notification of Airport
Commission meetings be given out in advance of the meetings.
Mr. Roy Stienford, owner of an aircraft housed at the Leesburg Airport, addressed the Council
encouraging support of the airport and opposing the increase in fees.
This matter was referred to the Airport Commission for further consideration. The public
hearing was closed.
8. COUNCILMEMBER COMMENTS
Councilmember McDonald stated the town's review of the cable franchise is moving ahead. A
public hearing is scheduled on May 13, 1999 at 7:30 p.m. He stated there has been talk about the
Mayor stepping down from his position as Mayor because he is running for a seat on the Board
of Supervisors. Mr. McDonald stated, "this is ludicrous."
Councilmember Umstattd reported on the Planning Commission's recent meeting where the
application of Meadow Glen, an assisted living residence, was heard. Ms. Umstattd stated, the
surrounding residents continue to be opposed to the project. This matter is scheduled for a
Council public hearing on May 11, 1999.
Councilmember Jackson disclosed that he met with residents on Memorial Drive, who are
requesting to plant trees in the median, a four-way stop and parking for two homes on West
Market Street. Mr. Jackson stated he is glad to see the Woodberry Road project in the CIP for
2000.
Councilmember Zoldos reminded the public of the Arbor Day celebration to be held on April 17,
1999 on the town green from 10 am to 1 p.m., with festivities continuing at Ida Lee Park, and the
Flower and Garden show on April 24 and 25. Mr. Zoldos complemented the Parks and
Recreation Department for the successful Easter Egg Hunt. He commended Mr. York and town
staff for this year's budget.' 'lie encouraged the public to support the Town's 2000 by 2000
project.
Vice Mayor Webb asked Mr. York to schedule a meeting with County Administrator Kirby
Bowers regarding an agenda for the town/county joint meeting. Mr. York and Chief of Police
Keith Stiles are continuing to work with representatives of the NVRPA regarding barrment
notices for the W&OD bike trail. Officer T. J. Moore and the Leesburg Police Department is
sponsoring a Christmas in April house on Loudoun Street. Ms. Webb met with the group of
Scottish students visiting the town government.
9. MAYOR'S REPORT Mayor Clem also met with the Scottish students. He stated, "the
quality of young adults is getting better and better every year." The bike ride for MS was
postponed. Loudoun Healthcare will report back to the Council regarding the use of the former
hospital site. He requested the police to continue to monitor traffic on Fairview Street, he stated
a child was hit. He congratulated Sgt. Smith of the Leesburg Police Department for graduating
from the FBI National Academy.
Vice Mayor Webb thanked Leesburg resident Tom Madaglia for his gift to the town of a 20-
person conference table and chairs.
10. MANAGER'S REPORT - Mr. York referred to the written activity report, soliciting
any questions from the Council.
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11. LEGISLATION
(a) MOTION: On motion of Vice Mayor Webb, seconded by Councilmember McDonald, the
following ordinance was proposed and adopted.
99-0-9 - ORDINANCE - AMENDING CHAPTER 8 OF THE LEESBURG TOWN CODE
TO ADD REFUSE COLLECTION ON FRIDAY IN A LIMITED AREA OF THE
HISTORIC DOWNTOWN DISTRICT
VOTE:
Aye: Councilmembers Jackson, McDonald, Umstattd, Webb, Zoldos, Mayor Clem.
Nay: None
Absent: Councilmember Buttery
(b) MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Jackson, the
following ordinance was proposed and adopted.
99-0-10 - ORDINANCE - AMENDING CHAPTER 12.1 OF THE TOWN CODE
REVISING THE PAY AND CLASSIFICATION PLAN
Discussion was held by Mayor Clem regarding the Assistant Town Manager for Economic
Development's pay grade, and raising it to a grade 15. This matter was referred to the April 20,
1999, Finance Committee meeting for further consideration.
VOTE:
Aye: Councilmembers Jackson, McDonald, Umstattd, Webb, Zoldos, Mayor Clem.
Nay: None
Absent: Councilmember Buttery
CONSENT AGENDA
11. (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q) MOTION: On motion of Vice
Mayor Webb, seconded by Councilmember Jackson, the following resolutions were proposed
and adopted.
99-98 - RESOLUTION - INITIATING AND REFERRING AMENDMENTS TO THE
LEESBURG ZONING ORDINANCE TO PROVIDE FOR NOISE ATTENUATION AND
OVERFLIGHT NOTIFICATION PROCEDURES IN THE AIRPORT SAFETY
OVERLAY DISTRICT
99-99 - RESOLUTION - AWARDING A CONTRACT FOR SITE DEVELOPMENT AND
IRRIGATION OF THE SOCCER/LACROSSE FIELDS AT IDA LEE PARK
99-100 - RESOLUTION - AWARDING A CONTRACT FOR SANITARY SEWER
99-101 - RESOLUTION - AWARDING A CONTRACT FOR CONSTRUCTION OF
EVERGREEN WELL g2A
99-102 - RESOLUTION - MAKING AN APPROPRIATION FOR THE ECONOMIC
DEVELOPMENT OFFICE RELOCATION
99-103 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE
AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS
AT OLD WATERFORD KNOLL, SECTION 2A
99-104 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION
OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR OLD WATERFORD KNOLL, SECTION 3
99-105 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND A SEWER EXTENSION PERMIT FOR
POTOMAC CROSSING SANITARY SEWER OUTFALL
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99-106 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION
OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR POTOMAC CROSSING SECTION 2A
99-107 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION
OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR POTOMAC STATION SECTION 2AB1
99-108 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION
OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR POTOMAC STATION COMMUNITY CENTER
99-109 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION
OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR POTOMAC STATION SECTION 4
99-110 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS
FOR FORT EVANS PLAZA
99-111 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING FOR
TOWN CODE AMENDMENT - OPERATING HOURS OF TOWN PARKS
99-112 - RESOLUTION - AUTHORIZING ENROLLMENT OF THE LEESBURG
POLICE DEPARTMENT IN THE VRS LAW ENFORCEMENT RETIREMENTS
SYSTEM
REGULAR AGENDA
11. (r) MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Zoldos, the
following resolution was proposed and adopted by a roll call vote.
99-113 - RESOLUTION - APPROVING THE BUDGET AND MAKING
APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 2000
VOTE:
Aye: Councilmembers Jackson, McDonald, Umstattd, Webb, Zoldos, Mayor Clem.
Nay: None
Absent: Councilmember Buttery
(s) MOTION: On motion of Councilmember Zoldos, seconded by Vice Mayor Webb, the
following resolution was proposed and adopted by a roll call vote.
99-114 - RESOLUTION - ADOPTING THE FISCAL YEARS 2000-2004 CAPITAL
IMPROVEMENT PROGRAM
VOTE:
Aye: Councilmembers Jackson, McDonald, Umstattd, Webb, Zoldos, Mayor Clem.
Nay: None
Absent: Councilmember Buttery
(t) MOTION: On motion of Councilmember McDonald, seconded by Councilmember Jackson,
the following resolution was proposed and adopted.
99-115 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES
IN THE TOWN'S SERVICE AND MAKING AN APPROPRIATION
VOTE:
Aye: Councilmembers Jackson, McDonald, Umstattd, Webb, Zoldos, Mayor Clem.
Nay: None
Absent: Councilmember Buttery
(u) MOTION: On motion of Councilmember Jackson, seconded by Vice Mayor Webb, the
following resolution was proposed and adopted.
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99-116 - RESOLUTION - AUTHORIZING A STREET CLOSURE FOR A PARADE
SPONSORED BY THE LOUDOUN BORDER GUARDS FIFE AND DRUM CORPS AND
THE LOUDOUN MUSEUM
VOTE:
Aye: Councilmembers Jackson, McDonald, Umstattd, Webb, Zoldos, Mayor Clem.
Nay: None
Absent: Councilmember Buttery
(v) MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Zoldos, the
following resolution was proposed and adopted.
99-117 - RESOLUTION - MAKING APPOINTMENTS TO THE PLANNING AND
ZONING AND ADMINISTRATION AND PUBLIC WORKS COMMITTEES AND
APPOINTING A CHAIRMAN OF THE ADMINISTRATION AND PUBLIC WORKS
COMMITTEE
VOTE:
Aye: Councilmembers Jackson, McDonald, Umstattd, Webb, Zoldos, Mayor Clem.
Nay: None
Absent: Councilmember Buttery
(w) MOTION: On motion of Councilmember McDonald, seconded by Councilmember Jackson,
the following resolution was proposed and adopted.
99-118 - RESOLUTION - AUTHORIZING THE MAYOR TO ENTER INTO A
MEMORANDUM OF UNDERSTANDING WITH THE NORTHERN VIRGINIA
REGIONAL PARK AUTHORITY
VOTE:
Aye: Councilmembers Jackson, McDonald, Umstattd, Webb, Zoldos, Mayor Clem.
Nay: None
Absent: Councilmember Buttery
12. NEW BUSINESS:
(x) MOTION: On motion of Councilmember McDonald, seconded by Vice Mayor Webb, the
following resolution was proposed and adopted.
99-119 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE FOR FORT EVANS PLAZA TRAFFIC
SIGNALIZATION
VOTE:"
Aye: Councilmembers Jackson, McDonald, Umstattd, Webb, Zoldos, Mayor Clem.
Nay: None
Absent: Councilmember Buttery
MOTION: On motion of Councilmember Zoldos, seconded by Councilmember Umstattd, the
issue of the fire siren, as discussed by petitioners this evening, is referred to the Public Safety
Committee and that a neighborhood meeting be scheduled as soon as possible to discuss the
concerns raised tonight by the citizens.
VOTE:
Aye: Councilmembers Jackson, McDonald, Umstattd, Webb, Zoldos, Mayor Clem.
Nay: None
Absent: Councilmember Buttery
Councilmember Zoldos pointed out that the town has hired Michel Aguija, Director of
Information Technology.
Councilmember Zoldos stated, "I think we need to talk about an issue that has been somewhat
confusing I guess regarding the town's participation and our position as stated in a letter to the
editor in the Loudoun Times-Mirror and Leesburg Today on March 30, 1999. This letter was the
personal opinion of Chief Stiles. I believe neither the Council nor this town administration had
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any participation in the drafting of this letter. I think the Council is somewhat dismayed with the
comments made concerning former Police Chief James Kidwell and the people, his officers who
served on his staff. I think the Council appreciates the 35 years of service that Chief Kidwell
gave to the Town of Leesburg and that performance, himself and his staff during those years. I
think we owe Mr. Kidwell and his officers who served under him a public apology and I would
like to make that in this point and time in that regard. I think this is not a good thing for us."
Mayor Clem stated, "is that in the form of a motion sir?" Councilmember Zoldos stated, "I'd
like to make this in a form of a motion that we put this in both papers and make it public."
Mayor Clem, "do I have a second?" Councilmember McDonald "second."
Mayor Clem, "Zoldos, McDonald, okay we have a motion on the floor by Mr. Zoldos, seconded
by Mr. McDonald, discussion?"
Councilmember Umstattd stated, "Mr. Mayor I will strongly oppose that motion so that if it does
go forward out of Council it will not be unanimous. I know Mr. Zoldos has been concerned. He
sent an email out to Council members along these lines. But having read that letter I do not
believe there was any misstatement of fact in that letter and I don't think any one could dispute
that there were some officers on the force under the prior Chief who were an embarrassment to
the town and the Council and that embarrassment was widely printed in the press on a number of
occasions. I also think that the Chief of Police has a first amendment right to speak his mind. I
thought that letter was a good morale booster for the very fine officers who are in the department
and I would strongly oppose this Council taking the position suggested by Mr. Zoldos."
Mayor Clem, "anyone else? If not, we have a motion on the floor by Mr. Zoldos, seconded by
Mr. McDonald. Those in favor please signify by saying aye."
Aye: Councilmembers: Jackson, McDonald, Webb, Zoldos
Mayor Clem, "Those opposed?"
Nay: Councilmember Umstattd
Mayor Clem, "and the chair will vote aye."
Absent: Councilmember Buttery
The meeting was adjourned at 10:15 p.m.
Ja~es E. Clem, Mayor
Town of Leesburg
Clerk of Council