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Home My Public Portal About1999_05_11TOWN COUNCIL MEETING MINUTES OF MAY 11, 1999 A regular meeting of the Leesburg Town Council was held on Tuesday, May 11, 1999, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called by Mayor James E. Clem. COUNCILMEMBERS PRESENT Frank Buttery Mervin Jackson Leonard McDonald Kristen Umstattd B. J. Webb Bob Zoldos Mayor 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 Assistant Town Manager for Economic Development John Henry King Chief of Comprehensive Planning Jerry Mucci Planner Stacey Rothfuss Public Information Officer Susan Farmer Town Attorney George Martin Clerk of Council Barbara Markland 1. INVOCATION: Councilmember Zoldos 2. SALUTE TO THE FLAG: Eagle Scout Peter David Savage 3. ROLL CALL: All members of Council were present. 4. APPROVAL OF MINUTES: MOTION: On motion of Buttery, seconded by McDonald, the regular meeting minutes of April 27, 1999 were approved as written. VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None 5. CERTIFICATES OF ACHIEVEMENT: Mayor Clem presented a Certificate of Achievement to Ms. Theresa Kennedy of Technique Colour Hair Studio. 6. PROCLAMATIONS: a. MOTION: On motion of Buttery, seconded by Umstattd, the following proclamation was proposed and adopted. PROCLAIMING NATIONAL AQUATIC WEEK, MAY 16-23, 1999 VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None b. MOTION: On motion of Webb, seconded by Zoldos, the following proclamation was proposed and adopted. PROCLAIMING EMS AND VIRGINIA VOLUNTEER RESCUE SQUAD WEEK, MAY 16-22, 1999 VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None 7. PETITIONERS Mr. George Seymore a resident of 404 North Street, addressed the Council requesting removal of the barricade on North Street. Mr. Seymore submitted a petition from residents in favor of removing the barricade and requesting that the town provide to them the same services provided -2- to all town residents. Mr. Seymore expressed concern with only one way in and one way out of the street and that emergency vehicles are not able to enter the street. This matter was referred to the May 18, 1999, Administration and Public Works Committee agenda for further consideration. Ms. Ann Quinn thanked the Council and town staff for their help and support during the First Fife and Drum Muster event held in Leesburg. Mr. Peter Dunning representing the Bluemont Concert Series provided the Council with draft recommendations for the temporary relocation of the summer concerts. 8. PUBLIC HEARINGS: a. To consider Special Exception Application #SE-99-01 Meadow Glen of Leesburg. - Ms. Rothfuss provided the staff report. Councilmember Umstattd asked Ms. Rothfuss to state the by-right uses for the property. Ms. Rothfuss read the list of by-right uses from Section 3D-2. Permitted Uses of the Zoning Ordinance. Mr. Mike Barnes a resident on Dry Mill Road, addressed the Council in opposition to the application. Mr. Richard McClellan the applicant, addressed the Council with additional information in support of the application. Mr. Mike Barnes addressed the Council, again requesting denial of the application. Mr. Paul Harris a resident of 206 Rosemeade Place, addressed the Council in support of the application. Mr. Tom Shaffer a resident of 404 Catoctin Circle, S.W., addressed the Council in support of the application. Mr. Glenn Berry_ a resident of 209 Rosemeade Place, addressed the Council in support of the application. Ms. Patty Nelson a resident of 216 Rosemeade Place, addressed the Council in support of the application. Ms. Judy Kearns a resident of 314 Dry Mill Road, addressed the Council in support of the application. ." Mr. Ron Kunes a resident of 210 Rosemeade Place, addressed the Council in support of the application. Mr. J.C. Barnes a resident of 322 Dry Mill Road, addressed the Council in opposition of the application. Ms. Paige Swager, a resident of 220 West Market Street and property owner adjacent to the subject property, addressed the Council in support of the application. No additional public comment was received. The public hearing was closed but will remain open for written comment for 10 days. This matter was referred to the May 18, 1999 Planning and Zoning Committee meeting for additional consideration. b. CANCELED Tc cans!der amcndmcn~ te thc Town Cede regarding censtr'-'-ctien 9. COUNCILMEMBER COMMENTS Councilmember McDonald announced that a public hearing to consider renewal of the town's cable franchise agreement will be held on May 13, 1999 at 7:30 p.m., in the Council Chambers. -3- Councilmember Buttery referenced a letter from Kirby Bowers, on the Route 621 park and asked that this matter be placed on the May 18, 1999, A&PW agenda. Mr. Buttery stated the Balch Library is engaging in a project to encourage young people to get involved in the library and focused in positive directions. He stated a proposal will be forthcoming to appoint a young individual to an "honorary position" on the Thomas Balch Library Commission. He encouraged the Council to think of ways to get young people involved in positive actions. Councilmember Umstattd reported on the progress of the Planning Commission. Ms. Umstattd stated, since the Council is continually chastised by the press for the town's approach to FOIA and because the Council has given the Deputy Town Attorney tacit approval for strictly insisting on exemptions to FOIA, which means less information gets out to the press and the public then if the Council had a more open policy - and given that the Council has never talked about what the Council's approach to FOIA should be - this is something the Council should do. Ms. Umstattd encouraged a meeting with the Town Council and media to discuss their interests and their perception of the public interest in releasing information that is not particularly sensitive. Sometimes there is a knee-jerk reaction to keep everything confidential. Perhaps the Council needs to rethink that approach. The media does have a good argument that we are public servants doing the public's business and the public has a right to know. Councilmember Jackson attended a meeting of the Loudoun House Coalition. He echoed Mr. Buttery's comments regarding the young people and their involvement in positive actions. Councilmember Zoldos agreed with Mr. Buttery's comments regarding the Route 621 park. He congratulated everyone involved in the success of the Flower and Garden Festival. The EAC, Parks and Recreation Commission and Tree Commission held a meeting and discussed improved communication. Vice Mayor Webb reminded the public of the town meeting regarding safety in schools and the responsibility everyone has to the young people of the community, to be held on May 24, 1999 at 7 p.m., at the fire house on Loudoun Street. Ms. Webb attended a luncheon of the Loudoun Tourism Council, as well as, the Town of Leesburg' s Employee Appreciation Day luncheon held at the Public Safety Center. Ms. Webb will be attending a FOIA seminar on May 18, 1999 at NVCC. A meeting of the Personnel Committee will be held tomorrow to discuss amendments to the Personnel Manual. Ms. Webb thanked Judy and David Kearns for their contributions to the Christmas in April House on Loudoun Street. Kids Day will be held at Ida Lee Park. Councilmember Zoldos announced that the site work for the soccer and lacrosse fields has begun at Ida Lee Park. MAYOR'S REPORT Mayor Clem asked Mr. York to provide a list of all the people and businesses who contributed to the Christmas in April project' so that it can be published in the local newspaper. Mayor Clem attended an Eagle Scout raising ceremony on behalf of Peter David Savage. He echoed Ms. Webb's comments regarding the Employee Appreciation luncheon and gave special recognition to 30-year town employee Nelson Downs. Mayor Clem stated, the town has received more checks from Mr. Irwin Uran, 'for the police department, the fire department and to help the less fortunate citizens of Leesburg. Mayor Clem stated he is also concerned about FOIA. "The Council goes into executive session to talk about one of three things. Personnel, land acquisition and law suits. The Council does a good job of staying within the bounds. The Council does need to sit down and talk about FOIA. If I am talking about a personnel issue it does not need to be made public. Land acquisition, we are at a disadvantage in government. We can't negotiate out in the open like the private sector can. It may be good to have the press and everyone come in and sit down and understand how a government has to work. Its different from being in the private sector." Mayor Clem stated the town is ready to advertise for a town attorney. Mayor Clem stated, "in all fairness, I would like to ask Mr. York and I hope the Council will support it, that we approach Ms. Welsh before we enter into any advertising and spend the money and have to go through the process of interviewing o I'd like to recommend that we offer her the position and let her respond back to Mr. York as to what her position is and then Mr. York can let the Council know. If she is interested we will go ahead and negotiate. If she decides she is not interested, then we know to go ahead and advertise. Ms. Welsh has served this town well. It is not the fact that we are hiring a town attorney because we are unhappy with her. In fact to the contrary. But we are so large now and there are so many things going on that we need an attorney to be on our town staff to review things quickly, turn things around and more -4- importantly to be able to attend our various commission meetings when needed, as well as this Town Council." 11. MANAGER'S REPORT Mr. York referenced the written Activity Report and stated the plans for the expansion of the Balch Library are moving along well. 12. LEGISLATION: (a) MOTION: On motion of Buttery, seconded by Umstattd, the following ordinance was proposed and adopted, as amended by Councilmember Buttery. 99-0-12 - ORDINANCE - AMENDING SECTION 11-81(H)(2) OF THE TOWN CODE TO CHANGE THE OPERATING HOURS OF ALL TOWN PARKS VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None CONSENT LEGISLATION: 12. (b), (c) MOTION: On motion of Umstattd, seconded by Jackson, the following resolutions were proposed and adopted. (b) 99-129 RESOLUTION - APPROVING COMPREHENSIVE SIGN PLAN APPLICATION #CSP-99-02 FOR THE POTOMAC STATION MARKETPLACE LOCATED AT THE INTERSECTION OF BATTLEFIELD PARKWAY AND POTOMAC STATION DRIVE (c) 99-130 - RESOLUTION - APPROVING THE VACATION OF TWO WATERLINE EASEMENTS WITHIN MEADOW BROOK FARM ESTATES VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None 12. (d) MOTION: On motion of Webb, seconded by Zoldos, the following resolution was proposed and adopted. (d) 99-131 RESOLUTION AUTHORIZING CONSTRUCTION HYDRANT METER RENTAL VOTE: Aye: Nay: AN AGREEMENT FOR A Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem None 12. (e), (0, (g), (h), (i), (j), (k), (1), (m), (n), (o) MOTION: On motion of Buttery, seconded by McDonald, the following resolutions were proposed and adopted. (e) 99-132 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR DEVELOPMENT AND ADMINISTRATION OF A HIGHWAY SIGNALIZATION PROJECT (f) 99-133 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN POTOMAC STATION SECTION lB (g) 99-134 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN POTOMAC STATION SECTION lC -5- (h) 99-135 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN POTOMAC STATION SECTION 2EF (i) 99-136 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN POTOMAC STATION SECTION 3AB (j) 99-137 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN POTOMAC STATION SECTION 6A (k) 99-138 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN POTOMAC STATION SECTION 3C (1) 99-139 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN POTOMAC STATION SECTION 6EFG (m) 99-140 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR TAVISTOCK FARMS SECTIONS 9, 10, (ll&12), 14, 18, (13, 19, 20 & 21) AND OFFSITE WATERLINE (n) 99-141 RESOLUTION AUTHORIZING A TIME EXTENSION WITH A CONDITION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR TAVISTOCK FARMS SECTION 6 (o) 99-142 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR FINAL PAVING IN EXETER HILLS SECTION 5A VOTE: Aye: Nay: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem None 13. NEW BUSINESS: (p) MOTION: On motion of Webb, seconded by Buttery, the following resolution was proposed and adopted. 99-143 - RESOLUTION - AUTHORIZING THE USE OF THE COUNCIL CHAMBERS VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None (q) MOTION: On motion of Webb, seconded by McDonald, the following resolution was proposed and adopted. 99-144 - RESOLUTION - AUTHORIZING AN AGREEMENT, AND WAIVING A PERFORMANCE GUARANTEE FOR LOUDOUN COUNTY COURTS COMPLEX PHASE I VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None (r) MOTION: On motion of Webb, seconded by Jackson, the following resolution was proposed and adopted. -6- 99-145 - RESOLUTION ACCEPTING A CASH PAYMENT IN LIEU OF CONSTRUCTION FOR A PORTION OF THE FORT EVANS ROAD IMPROVEMENTS FOR FORT EVANS PLAZA VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None (s) MOTION: On motion of Zoldos, seconded by McDonald, the following resolution was proposed and adopted, to include an effort to minimize the associated fees with regard to the event. 99-146 - RESOLUTION - AUTHORIZING A STREET CLOSING FOR THE MARCH FOR JESUS 1999 VOTE: Aye: Nay: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem None (t) MOTION: On motion of Webb, seconded by Jackson, the following resolution was proposed and adopted. 99-147 - RESOLUTION - AUTHORIZING THE NEGOTIATION FOR AN AVIATION MAINTENANCE TRAINING FACILITY AT THE LEESBURG AIRPORT VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None On motion of, and duly seconded, the meeting was adjourned at 10:50 p.m. Jfi/mes E. Clem, Mayor Clerk of Council