HomeMy Public PortalAbout1999_11_09TOWN COUNCIL MEETING MINUTES OF NOVEMBER 9, 1999
A regular meeting of the Leesburg Town Council was held on Tuesday, November 9, 1999, at
7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. Mayor Clem called the
meeting to order.
COUNCILMEMBERS PRESENT
George F. Atwell
Mervin Jackson
Leonard McDonald
Kristen C. Umstattd
lfl. J. Webb
Bob Zoldos
Mayor Clem
STAFF MEMBERS PRESENT
Town Manager Robert S. Noe, Jr.
Director of Engineering and Public Works Thomas A. Mason
Director of Planning, Zoning and Development Michael Tompkins
Director of Parks and Recreation Kaj Dentler
Director of Finance Paul E. York
Director of Information Technology Michel Agujia
Director of Personnel Nancy Fixx
Chief of Comprehensive Planning Jerry Mucci
Airport Director Juan Rivera
Assistant Town Manager for Economic Development John Henry King
Planner Stacey Rothfuss
Information Officer Susan Farmer
Town Attorney George Martin
Clerk of Council Barbara Markland
1. INVOCATION: ViceMayor Webb
2. SALUTE TO THE FLAG: Councilmember Zoldos
3. ROLL CALL: All members of Council were present.
4. APPROVAL OF MINUTES:
MOTION: On motion of Jackson, seconded by Webb, the regular meeting minutes of October 26, 1999
were approved as submitted.
VOTE:
Aye:
Nay:
Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem.
None
5. PETITIONERS
Mr. Brian DeQuittner 312 Roanoke Drive, requested a four-way stop sign be installed at the intersection of
Harrison Street and Shenandoah Street. Mr. DeQuittner presented a petition with 150 signatures in support
of the stop sign.
Mr. Steve McKellar 908 Chancellor Street stated I am here with a lot of my neighbors again this year to ask
the Town of Leesburg to listen closely to our pleas. We were quite happy last year when Loudoun County
elected representatives listened to us and decided not to join Leesburg submitting a TEA-21 request for a
Chancellor Street bike path, over our very strong objections.
We were pleased with Virginia State officials who also listened to our objections and decided not to grant
Leesburg's request for TEA-21 funding.
We thought the threat to our neighborhood was over when Leesburg decided this year not to request TEA-
21 funding for this project. We were especially pleased recently when voters in the Greenway voting area
of the Catoctin District soundly rejected a candidate who had pledged to make the Chancellor Street Trail a
reality.
This area is made up of subdivisions supposedly to benefit from this trail. It is somewhat disappointing
again this year that we have to appear once again to plead our case. And it is our understanding that your
staff is preparing a budget request for Leesburg's tax dollars to pay for the entire trail.
We believe that our Town Council members care about the town residents that you all represent. We
believe that you would not intentionally harm residents or neighborhoods without an incredibly important
or overpowering necessity. Therefore, the fact that your staff is still considering this project means that we
have failed to properly explain our concerns to you last year.
This evening we opened tonight's Council meeting with a prayer and we recited the Pledge of Allegiance.
Two reminders of the foundations of this great Country and that the government should be of the people,
for the people and not against the people.
We will try once again to convince you that we are very serious in our concerns about this project, which
does not seem to go away. All we ask is once again that you truly listen to my concerns and the neighbors
who will also speak before in saying that the knowledge that they are real people, families and their
children, we are asking for your help. Thank you very much.
Ms. Sandy Smallwood 901 Chancellor Street showed the Council a picture of the area on Chancellor Street
where the trail is proposed. Ms. Smallwood stated I want you to see this because it is important to
understand the facts in this matter.
Last year many of us in this room sent you a letter with local newspaper articles describing serious crimes
that occurred on bike paths or in accessible wooded areas. You should have in front of you a handout with
our letters from last year as well as articles from local papers this. As you can see, this year there have
already been 11 serious crimes on bike paths or in accessible wooded areas. While a properly designed
path may not increase crime, we believe the proposed path provides an opportunity for a serious crime ~nat
is absolutely unnecessary.
I was a member of the Task Force that was established last year to study this issue. As a part of that task
force we were given a report by the Virginia Rails to Trails Conservancy. These are the people who want
to support trails. Here is page ten of their report, which says trail crime is a legitimate concern of residents
and should be treated accordingly. The design of the trails should eliminate overgrown vegetation and tall
shrubs in order to minimize hiding places along the trail and maintain long sightlines for users.
Ms. Smallwood referred to the picture of the street and stated ladies and gentlemen this is not overgrown
vegetation or tall shrubs. This is a densely wooded area. This doesn't even come close to meeting the
recommended safety criteria. Imagine your children or grandchildren or even yourself riding into a path
cut through these trees. The Trails Conservancy also says to maintain long sightlines for users. The task
force you authorized last year specifically says, on page of their final report, that the proposed alignment
does not allow line of sight access. Again, the proposed trail does not meet the recommended safety
criteria published by the organization that encourages trails.
The task force also received a report from the Leesburg Police Department that there were 29 incidents
reported on the Leesburg W&OD path in 1 year. Including such things as indecent exposure. The
newspaper articles in your hands should convince you that this area is not immune to the danger. We ask
you to please prevent your staff from even considering putting a heavily wooded access into our
neighborhood precisely where our children gather to play.
Councilmembers and Mr. Noe we are concerned about many other things such as increased dog waste,
trash, parking and other impacts on our neighborhood. These other concerns are also documented in the
task force report. We obviously consider all of our concerns important but the safety of our children is
paramount.
Forcing 4 subdivisions to use our street, as an entrance ramp to a Northern Virginia Regional Park makes
absolutely no sense.
We ask you if you truly care about the citizens you represent to have your staff stop pursuing this project.
Thank you.
Mr. Doug Goolsby 906 Chancellor Street stated I believe that one of your primary roles is to wisely
manage the expenditure of town funds and staff resources. Lets pretend for a moment that the residents of
Chancellor Street and surrounding neighborhoods have no objections to this path. Lets ask ourselves the
following questions. Is there an actual need to build this trail? And is it a wise use of town funds? Here is
a 1988 US Geological Survey aerial photograph of the area. Mr. Goolsby presented a picture that showed
the end of Chancellor Street and where the path would start.
Mr. Goolsby stated the proposed path is about one half mile long before it reaches the W&OD Trail.
Woodlea Manor residents are about one mile from the end of Country Club - from the end of Chancellor
Street where they would enter Country Club - and that's on Bradfield Drive and at this point in time
Bradfield Drive is not a complete road so the phrase "direct access" does not really apply to those people.
Greenway Farms residents would also be about one mile from the path where they would enter Country
Club at Nickels Place. These distances are important if common sense is to enter into your decision.
Woodlea Manor and Greenway Farms residents already have a mandatory 3 mile round trip just to get to
the W&OD Trail and that's before they go anywhere.
Now is there a large demand for people willing to bike this far? Last year the town surveyed the residents
of all of these subdivisions. 1054 surveys were mailed in self-addressed and stamped envelopes asking
who supported the path. Almost 70% were either against the trail or did not care enough to return the
survey. That's the majority - who did not care enough to return the survey. Only about 30% said they
favored the trail.
2
A data point that supports the accuracy of this survey is an article in the Post two weeks ago. A major bike
retailer in the area is closing all its stores because bike riding is down by 21%.
If you or I honestly look at ourselves and those we know, we understand that the number of people that
routinely ride bikes for extended distances is very small. The recent election results do also support the
accuracy of your survey. In the voting district that this path would serve the candidate who made a
campaign promise to build the trail was soundly defeated.
Look again at the 1988 photo to help us define the so-called need. Country Club already existed and has
survived another 11 years without this trail. The residents on Chancellor Street and rest of Country Club
bought their homes knowing there was no trail. As you can tell by the vacant area, the Greenway Farms
and Woodlea Manor Subdivisions did not even exist. Those residents bought their homes knowing there
was no trail. And these subdivisions have survived for many years without the trail.
Today there are almost 30,000 people in the Town of Leesburg. All residents have access to the W&OD
Trail from several locations throughout the Town. The vast majority of us packs our bikes and drive to one
of these locations. But we all have access. Can it be called a need when a very small number of people in
3 neighborhoods feel they cannot do what the other 29,000 Leesburg residents are required to do?
In last year's TEA-21 application, the stated purpose of this trail was to provide access to Leesburg's
Historic downtown and to link residential areas to community facilities, jobs and shopping areas. Let's
look at that. Let's assume someone from Woodlea Manor or Greenway Farms wants to go to town as
stated above. Even if they are the lucky ones that live right on the boarder of Country Club they will ride at
least a mile through subdivision streets, ride a half mile along the path and when they reach the W&OD
they now have to backtrack almost two miles before they reach downtown. Then they still face the
minimum of 3 and half-mile trek back home. Are there really a lot of people demanding that opportunity?
Mr. Mayor, Councilmembers and Mr. Noe, even if there were no opposition whatsoever to this project, it is
baffling to us what the priority and the need for it is. We see no cost benefit for this trail. The money
should be put to much better use. To projects that would benefit the majority of Leesburg residents rather
then a small handful. Thank you.
Mr. Thomas Steinhice 904 Chancellor Street stated residents of Chancellor Street and surrounding
neighborhoods are more then willing to work with your staff if given the opportunity. We believe a
solution can be reached to benefit all or none. We also believe that an impartial analysis without a
predetermined outcome would benefit everyone.
If we convey the sense of mistrust it is because the history of this project has included many actions and
decisions without our involvement or knowledge. The trail was added to the Town Plan without notifying
a single Chancellor Street resident. The first TEA-21 application was submitted completely without our
knowledge. There may have been notices in the paper about public hearings but we had no reason to be
looking for them. We only learned of this project by hearing of the meeting at Woodlea Manor that was
staged for the benefit of local politicians.
The task force you established last year was populated from the outset by with proponents for the trail. The
name itself, The Chancellor Street Task Force, implied a predetermined outcome. We experienced no
willingness to seriously explore other alternatives. Even today, we understand the Town's staff authorized
a study of a Route 15 option. This study apparently looked at only one side of the road including building
much more path then necessary and included no citizen participation. We expected to have some input but
were never contacted.
If the past is any predictor of the future, we expect a report will be presented in a negative light and you
will be asked to pursue the Chancellor Street option.
A few weeks ago the Director of Loudoun County Parks and Recreation Mr. Jim Compher received
extremely positive publicity from the County when he met with concerned citizens regarding a park
project. He addressed their concerns, made major changes to the project and the result was beneficial for
everyone. He has indicated a similar willingness to work with us. All we ask of you is to have the Town of
Leesburg staff demonstrate the same willingness to work with the concerned citizens. Thank you.
Mr. Dan McCauliffe 8 Fairview Street stated his concerns regarding the asphalt trail were addressed. He
thanked the Council and town staff. Mr. McCauliffe asked the Town Council to review the final design
plans for the trail to insure the integrity of the neighborhood remains intact.
Ms. Connie Fletcher owner of Cobblestone Antiques requested the installation of directional signage for the
merchants located off the direct path and main corridor of King and Market Streets. Ms. Fletcher asked
Council to move forward on this request before the Christmas season. She requested signs be installed in
the parking garage, at East and West Market Street, East and West Loudoun Street, Wirt Street and King
and Market Streets.
Ms. Klm Andreodis representing KSI requested approval of a temporary signagefoanner for at least 90 days
to make people aware that the newly renovated apartment complex "Mayfair Commons" recently known as
Loudoun House is open for business.
Mr. Jim Humphrey representing Jocks Exxon, 104 West Market Street addressed the Council with regard to
the storm water project and construction on West Market Street. He stated he is not in favor of closing the
streets at any time because of the negative impact this has on his business. He encouraged the Council to
leave the hours of construction at night from 10 p.m. to 5 a.m.
Mr. Andy Johnson and Ms. Gray Wells representing the Loudoun United Way presented Ms. Nancy Fixx
with a plaque on behalf of her hard work for United Way over the years.
Mayor Clem pointed out that the Chancellor Street Trail would be considered during this year's budget
deliberations.
PUBLIC HEARINGS:
a. To consider Special Exception Application #SE-99-06, Leesburg Green, Mini-warehouse, Lot
! of Leegate - Ms. Rothfuss provided the staff report.
Councilmember Umstattd raised concern with permitting these types of smaller uses in the Route 7
Corridor/entrance to Leesburg.
Councilmember Atwell questioned the size office building could be accommodated on the 375 SF
frontage? Ms. Rothfuss stated an office building of between 30,000 and 40,000 SF.
Mr. Randy Minchew representing the applicant provided additional comments regarding the proposed
special exception request.
Mr. William Soltez the applicant stated he is aware of the Council's concern with regard to the Route 7
corridor and is committed to ensuring this project is attractive.
Mr. Joseph Paciulli representing the applicant stated he is currently working on a design for the office use
on the 375 SF piece of property and that it is possible that the size office building could be upwards of
50,000 SF.
Mr. William Soltez stated he is currently working with the adjacent property owners to obtain an easement
to use a portion of their parking lot for an additional access to his property in lieu of sharing the parking
spaces on the mini-warehouse lot.
No public comment was received. The public hearing was closed. This matter was referred to the
December 7, 1999 Planning and Zoning Committee meeting for further consideration.
To consider Special Exception Application #SE-99-07 First Union National Bank, Drive-thru
Ms. Rothfuss provided the staff report.
Mr. Michael Banzhaf representing the applicant was present to address questions.
No public comment was received. The public hearing was closed. This matter was referred to the
December 7, 1999 Planning and Zoning Committee meeting for further consideration.
7. COUNCILMEMBER COMMENTS
Vice Mayor Webb stated 80 percent of the Dogwood trees have been planted along the bypass. Ms. Webb
questioned the status of the town's policy on street closing. With regard to the proposal to consolidate the
Council Committees into a Committee of the Whole, Ms. Webb recommended giving the public an
opportunity to provide their input. Ms. Webb stated as Mr. B. Powell Harrison was recently traveling he
became completely blind and deaf. Mr. Harrison has withdrawn from all future work in the Town of
Leesburg.
Councilmember Zoldos had no comment.
Councilmember Jackson reminded the public to make their cable checks out to Adelphia and not
Cablevision of Loudoun because Adelphia is returning checks that are made out incorrectly. With regard to
the proposal to consolidate the Council Committees into a Committee of the Whole, Mr. Jackson pointed
out that several Board and Commissions meet on Mondays, which would create a conflict with
councilmanic representatives to these Board and Commissions.
Councilmember Umstattd stated the Veteran's Day Ceremonies would be held at Loudoun County High
School on Thursday, November 11, at 9:00 a.m. She encouraged the public to attend. ~
Councilmember Atwell stated Mr. Frank Buttery is interested in serving on the Balch Library Commission.
He suggested the Town Council consider appointing Mr. Buttery to fill the vacancy.
Councilmember McDonald stated the cable franchise renewal is moving ahead and is on schedule. He is
pleased to see the resolution of the Fairview Street path.
8. MAYOR'S REPORT
Mayor Clem asked that a meeting of the AADP members be scheduled as soon as possible. He attended a
County meeting on the gas tax and improvements to Sycolin Road. Positive reaction was received from the
Board. He thanked Virginia Power for the installation of the streetlights along Club House Drive. The
Town received notification of a grant award in the amount of $100,000 from the Virginia Recreation Trails
Fund. Mayor Clem stated with the approval of Shenstone, there needs to be enough funds allocated to
make the necessary improvements to Dry Mill Road and any other roads in Town that will be impacted by
this development.
9. MANAGER'S REPORT
Mr. Noe requested the Council convene in a closed meeting, following the Council meeting, to consider
acquisition of real property and probable litigation.
10. LEGISLATION:
ORDINANCE
(a) MOTION: On motion of Umstattd, seconded by Zoldos, the following ordinance was proposed
and adopted.
99-0-32 - ORDINANCE -APPROVING SPECIAL EXCEPTION APPLICATION #SE-99-08
LEESBURG TOYOTA, CARDINAL INDUSTRIAL PARK, LOT 11
VOTE:
Aye:
Nay:
Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
None
(b) MOTION: On motion of Umstattd, seconded by Webb, the following resolution was proposed
and adopted.
99-330- RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING FOR AN
AMENDMENT TO THE SUBDIVISION AND LAND DEVELOPMENT ORDINANCE TO
UPDATE AND REVISE ARTICLES 7 THORUGH 11 OF THE TOWN OF LEESBURG DESIGN
AND CONSTRUCTION STANDARDS MANUAL
VOTE:
Aye:
Nay:
Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
None
(c) MOTION: On motion of Zoldos, seconded by Jackson, the following resolution was proposed
and adopted.
99-331 - RESOLUTION - RECOMMENDING THAT UTILITIES NOT BE EXTENDED TO THE
PROPOSED DUNLYN PROJECT (LOUDOUN COUNTY REZONING MAP 1999-00188)
VOTE:
Aye:
Nay:
Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
None
CONSENT ITEMS
(d), (e), (g), (h), (i), O), (k), (1), (m), (n), (o) MOTION: On motion of Webb, seconded by Umstattd, the
following resolutions were proposed and adopted:
99-332 - RESOLUTION - REQUESTING THE
BOARD TO ESTABLISH AN ENHANCEMENT
STREET TRAIL
COMMONWEALTH TRANSPORTATION
PROJECT FOR THE SOUTH HARRISON
99-333 - RESOLUTION - AUTHORIZING A CONTRACT WITH EHT TRACERIES
INCORPORATED FOR PHASE III OF THE OLD AND HISTORICT DISTRICT BUILDING
SURVEY IN THE AMOUNT OF $18,000
99-334 - RESOLUTION - AWARDING THE 1999/2000 ROAD SALT PURCHASE CONTRACT
TO CARGILL SALT IN THE AMOUNT OF $21,240
99-335 - RESOLUTION - CANCELING THE DECEMBER 21, 1999, PLANNING AND ZONING,
FINANCE, AND ADMINISTRATION AND PUBLIC WORKS COMMITTEE MEETINGS AND
THE DECEMBER 28, 1999, TOWN COUNCIL MEETING TO OBSERVE THE HOLIDAY
SEASON
99-336 - RESOLUTION - AUTHORIZING THE USE OF THE COUNCIL CHAMBERS BY THE
CHRIST CHAPEL CHURCH ON SUNDAY, JANUARY 9, 2000 AND FEBRUARY 13, 2000 TO
CONDUCT SPECIAL SERVICES AND BY THE ASHTON DOWNS HOMEOWNERS
ASSOCIATION ON WEDNESDAY, DECEMBER 1, 1999 TO HOLD THE ANNUAL MEETING
OF THE HOMEOWNERS
99-337 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
SUBSTITUTE GUARANTEE FOR POTOMAC STATION SECTION 5 AND RELEASING THE
CORPORATE SURETY BOND FROM GOOSE CREEK COMMUNITIES, L.L.C.
99-338 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF
PUBLIC IMPROVEMENTS AND MAKING A REDUCTION OF THE PERFORMANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN GREENWAY FARM PHASE 3,
SECTION 9
99-339 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE FOR HOTEL SQUARED
99-340 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
BEAUREGARD ESTATES PHASE 2 & 3
99-341 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR
RIVER CREEK PHASE I, SECTION 3 AND 4 (LANDBAY A)
99-342 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR
KINCAID FOREST SECTION 10C
VOTE:
Aye:
Nay:
Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
None
REGULAR AGENDA ITEMS:
(f) MOTION: On motion of Webb, seconded by Umstattd, the following resolution was proposed
and adopted.
99-343 - RESOLUTION - AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $61,000
FROM THE GENERAL FUND UNAPPROPRIATED FUND BALANCE FOR THE TOWN'S Y2K
CONTINGENCY PLAN
DISCUSSION:
Councilmember Atwell stated Virginia Power has (pretty much) guaranteed that service will be continued.,
therefore he is reluctant to approve the full amount requested.
Vice Mayor Webb stated the equipment proposed to be purchased will be used despite Y2K. She will
support the request.
Councilmember Umstattd agreed with Ms. Webb's comments.
Mayor Clem asked staff to present a briefing on Y2K for the public's benefit at the next Council meeting.
VOTE:
Aye:
Nay:
Councilmembers Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Counciimembers Atwell
i0. (p) MOTION: On motion of Webb, seconded by McDonald, the following resolution was proposed
and adopted.
99-344 - RESOLUTION - SCHEDULING A PUBLIC HEARING FOR NOVEMBER 23, 1999 TO
CONSIDER A LEESBURG CORPORATE BOUNDARY ADJUSTMENT AT THE NEW HIGH
SCHOOL SITE
VOTE:
Aye:
Nay:
Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
None
10. (q) MOTION: On motion of Webb, seconded by McDonald, the following resolution was proposed
and adopted.
99-345 - RESOLUTION - ENDORSEMENT OF THE PROPOSED NORTHERN VIRGINIA 2020
TRANSPORTATION PLAN WITH REQUESTED AMENDMENTS
VOTE:
Aye:
Nay:
Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
None
11. NEW BUSINESS:
(a) Consideration of work hours for West Market Street Storm Drainage project
Following discussion on this matter, a motion was made by Zoldos, seconded by Umstattd, to change the
hours from 9 pm to 5 am.
VOTE:
Aye:
Nay:
Councilmembers Atwell, McDonald, and Webb
Councilmember Jackson, Umstattd, Zoldos and Mayor Clem
The hours of construction will remain as they presently are, from 10 pm to 5 am.
MOTION: A motion was made by Zoldos, seconded by Jackson, to install an all-way stop sign at the
intersection of Shenandoah and Harrison Streets.
Vice Mayor Webb recommended looking at both intersections.
Mayor Clem stated he would vote against the motion to give Calvin Grow the opportunity to discuss this
matter further.
Councilmember McDonald agreed with Mayor Clem.
VOTE:
Aye: Councilmembers Jackson, Umstattd, Webb and Zoldos
Nay: Councilmember Atwell, McDonald and Mayor Clem
An all-way stop sign will be installed at the intersection of Shenandoah and Harrison Streets.
Mayor Clem asked that the motion to go into closed meeting be read.
Mr. Matt Coughlin with Leesburg Today expressed concern with the accuracy of the notice for the closed
meeting and asked that the town's legal counsel address the issue.
Mr. Martin Casey a resident of Leesburg and Editor of the Loudoun Times-Mirror stated it is his
understanding that the state law requires contemporaneous notification of the public as well as the
members, if there is going to be a closed meeting. To my knowledge there was no advance information. If
you have a guest here that you are going to meet with, clearly people knew there was going to be a meeting.
If the members of Council were notified prior, then it seems to me a violation of the state law. If you were
not notified, so be it, but it would seem like the Town Manager would be telling you as well as the guest
that there is going to be business. You have to make that judgment yourself. You are going to vote for a
motion to go into closed session. I know that all of you are good citizens and want to do the right thing. I
think if adequate notice has not been given to the public you should refrain from going into closed session
at this time.
Mr. Noe stated he is unaware of any notice requirement for a closed session. I would defer to any person
who can give the statute that requires notice for a closed meeting. Ms. Welsh told me there is no notice
requirement for a closed session. I would not recommend that the Town Council ever violate the law and I
am not aware that I am recommending it now.
Vice Mayor Webb stated historically, when the Council has a closed session, our Public Information
Officer notifies the press and the public so that due notice was given. I did not know about part two of this
until I arrived this evening.
Mr. Noe stated the press has not been notified. I am not aware of any notification requirement. This is not
a special meeting. A special meeting requires 3 days notice.
Mr. Casey read from a copy of the FOIA of the State of Virginia, the section about public meetings,
paragraph 3.1-344(d) Notice reasonable under the circumstances of special or emergency meetings, (and
you said this is not that) shall be given contemporaneous. Mr. Casey stated if it is not a special or
emergency meeting then the elements of paragraph (c) are to be met.
Mr. Noe read the motion to go into closed session.
MOTION: On motion of Zoldos, seconded by McDonald, the following motion was made:
Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the Leesburg
Town Council convene in a closed meeting. The authority for this closed meeting is found in Section 2.1-344
(a), Subsection (3) and (7), respectively, of the 1950 Code of Virginia, as amended. The purpose of this
closed meeting is to discuss the acquisition of real property for public recreation and to consult with legal
counsel pertaining to probable litigation regarding a personnel issue.
VOTE:
Aye: Councilmembers Atwell, McDonald, Zoldos and Mayor Clem
Nay: Councilmembers Jackson, Umstattd and Webb
MOTION: On motion of Umstattd, seconded by Webb, the following motion was made:
I move that the closed meeting be adjourned, that the Leesburg Town Council reconvene its public
meeting and that the minutes of the public meeting reflect that no formal action was taken in the closed
meeting.
VOTE:
Aye: Councilmembers Atwell, Jackson McDonald, Umstattd, Webb, Zoldos, and Mayor Clem
Nay: None
MOTION: On motion of Umstattd, seconded by McDonald, the following resolution was proposed and
adopted.
I move that the Resolution certifying the closed meeting be adopted and reflected in the minutes of
the public meeting.
99-347 - A RESOLUTION: CERTIFYING THE CLOSED MEETING OF NOVEMBER 9, 1999
WHEREAS, the Town Council of the Town of Leesburg, Virginia, has this day convened in a closed
meeting in accordance with an affirmative recorded vote of the Leesburg Town Council and in accordance
with the provisions of the Virginia Freedom of Information Act:
NOW, THEREFORE, BE IT RESOLVED that the Leesburg Town Council does hereby certify that
to the best of each member's knowledge, I) only public business matters lawfully exempted from open
meeting requirements under the Freedom of Information Act were discussed in the closed meeting to which
this certification applies; and 2) only such public business matters as were identified in the Motion by which
the said closed meeting was convened were heard, discussed or considered by the Leesburg Town Council.
VOTE:
Aye: Councilmembers Atwell, Jackson McDonald, Umstattd, Webb, Zoldos, and Mayor Clem
Nay: None
MOTION:
On motion of, and duly seconded, the meeting was adjourned at 8:35 p.m.
Clerk of Council
.fl~mes E. Clem, Mayor
Town of Leesburg