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Home My Public Portal About2000_01_11MINUTES COUNCIL MEETING 3anuary 2000 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Clem presiding. Councilmembers Present: Mayor .]ames E. Clem, Vice Mayor B..1. Webb, George F. Atwell, Mervin V. ~lackson, Leonard McDonald, Kristen C. Umstattd, and Robert Zoldos was absent. Staff 14embers Present: Robert S. Noe, Town Manager, William E. Donnelly, Town Attorney, Director of Engineering & Public Works Thomas A. Mason, Director of Parks and Recreation Kaj Dentler, Director of Finance Paul E. York, Director of Utilities Randolph W. Shoemaker, Director of Planning, Zoning & Development Michael Tompkins, Planner Stacey Rothfuss, Assistant Town Manager for Economic Development .lohn H. King Public ]:nformation Officer Susan Farmer, Clerk of Council Barbara Markland. AGENDA ITEMS A. ]:nvocation was led by Councilmember Atwell. B. Salute to the Flag was led by Councilmember McDonald. C. Roll Call all members were present except Councilmember Zoldos. D. Petitioners Ms. Pat Kessel., representing Christmas in April, thanked the Council for Mr. Uran's donation. Mr. Randy Bozarth a resident of 316 Nickels Drive, S. W., spoke in support of the Chancellor Street Trail. Mr. Mat Foist, a resident of 217 Davis Avenue, expressed concern about the level of noise from traffic on Route 7 and requested the Council's help in getting sound barriers installed along the Route 7 bypass E. Certificates of Award: Presented to the winners of the Annual Christmas Decoration Contest. F. Presentation of the Town of Leesburg's Annual Audit. G. Council Comments: Councilmember McDonald stated the Cable Commission has changed its meeting days to the 3rd Tuesday of each month. Councilmember Atwell stated the Balch Library Commission changed its meeting days to the 2nd Wednesday of each month. Councilmember Umstattd asked the Council to consider a tax decrease during this year's budget deliberations. Vice Mayor Webb thanked the Department of Parks and Recreation for the Christmas tree lighting event. Ms. Webb stated high-tech infrastructure should be made a priority. Mayor's Comments: Mayor Clem asked that Mr. McGregor with the Loudoun County Transportation Association be present at the next Council meeting to provide a presentation on transportation and commuter bus service. I~lanager's Report: Mr. Noe announced that East Market and King Streets will be closed from 9 am to 11 am to accommodate the Martin Luther King March. Tda Lee Parks and Recreation will celebrate its 10th anniversary with an open house on January 23. Mr. Noethanked Mr. Agujiaand Ms. Richards for their efforts with Y2K. A closed session is scheduled following the Council meeting. LEESBURG TOWN COUNCIL MEETING MINUTES JAN. 11, 2000 Page #2 3. Legislation: ORDINANCES Motion: On motion of Jackson, seconded by Webb, the following ordinance was proposed and adopted. 1. 2000-0-1 - AN ORDINACE: amending the Leesburg Town Code Article VII Compensation for Boards and Commissions and adding a new Article XI Establishing the Information Technology Commission VOTE: AYE: COUNCILMEMBERS ATWELL, JACKSON, MCDONALD, UMSTA-I-FD, WEBB, CLEM NAY: NONE ABSENT: COUNCILMEMBER ZOLDOS MOTION: On motion of McDonald, seconded by Webb, the following ordinance was proposed and adopted as amended. 2. 2000-0-2 - AN ORDINANCE: approving Special Exception Application #SE- 99-06 Leesburg Green, Mini-warehouse, Lot I of Leegate, to permit a mini- warehouse facility VOTE: AYE: COUNCILMEMBERS ATWELL, JACKSON, MCDONALD, WEBB, CLEM NAY: COUNCILMEMBER UMSTA1-FD ABSENT: COUNCILMEMBER ZOLDOS CONSENT AGENDA MOTION: On motion of Webb, seconded by McDonald, the following resolutions were proposed as consent items and adopted. 3. 2000-1 - A RESOLUTION awarding a purchase contract to Vernon E. Stup Equipment Company in the amount of $74,780 for a front-end loader 4. 2000-2 - A RESOLUTION awarding a purchase contract to Washington Air Compressor Rental Company in the amount of $15,750 for a solar powered message board 5. 2000-3 - A RESOLUTION awarding a purchase contract to Browning Equipment, Inc., in the amount of $52,728 for a tractor mounted boom mower 6. 2000-4 - A RESOLUT:ION making a reduction of the performance guarantee for public improvements installed in the Potomac Station/Xerox Sewer Outfall, Potomac Station drive (Phase I), and Potomac Station Section 6H 7. 2000-5 - A RESOLUTION making a reduction of the performance guarantee for public improvements installed in River Creek Phase I, Section 2 (Landbay B), River Creek Phase II, Section 2 (Landbay C), River Creek Phase II, Section 2A (Landbay C), River Creek Phase II, Section 2B (Landbay C), River Creek Phase II, Section 2C (Landbay C), River Creek Phase III, Section 3 (Landbay G), and River Creek Phase III, Section 6 (Landbay R) 8. 2000-6 - RESOLUTION making a reduction of the performance guarantee for public improvements installed in the Sycamore Hill Phase I, Offsite Stormwater Management Pond, Sycamore Hill Recreation Center, Sycamore Hill Phase I, Section 2, Sycamore Hill Phase I, Section 3, Sycamore Hill Phase II, Section 1, Sycamore Hill Phase II, Section 2, and Sycamore Hill Phase II, Section 3 VOTE: AYE: COUNCILMEMBERS ATWELL, JACKSON, MCDONALD, UMSTA-I-FD, WEBB, CLEM NAY: NONE ABSENT: COUNCILMEMBER ZOLDOS REGULAR AGENDA I~IOTION: On motion of McDonald, seconded by Webb, the following resolution was proposed and adopted. LEESBURG TOVVN COUNCIL MEETING MINUTES JAN. 11, 2000 Page 9. 2000-7 - A RESOLUTION authorizing the Town Manager to enter into a 90- day contract with Deborah C. Welsh of Welsh and Lanham, P.C., to provide legal consultation and to assist with the transition to full-time Town Attorney VOTE: AYE: COUNCILMEMBERS ATWELL, JACKSON, MCDONALD, UMSTATTD, WEBB, CLEM NAY: NONE ABSENT: COUNCILMEMBER ZOLDOS MOTION: On motion of McDonald, seconded by Webb, the following resolution was proposed and adopted. 10. 2000-8 - A RESOLUTION authorizing award of a contract to L.A. Merrell · Construction Company, Inc., in the amount of $9,425,000 for construction of the Biosolids Management Upgrade at the Water Pollution Control Facility VOTE: AYE: COUNCILMEMBERS ATWELL, JACKSON, MCDONALD, UMSTAI-I'D, WEBB, CLEM NAY: NONE ABSENT: COUNCILMEMBER ZOLDOS MOTION: On motion of Webb, seconded by Atwell, the following resolution was proposed and adopted as amended. 11. 2000-9 - A RESOLUTION making appointments to the Residential Traffic Task Force VOTE: AYE: COUNCILMEMBERS ATWELL, JACKSON, MCDONALD, UMSTA1-FD, WEBB, CLEM NAY: NONE ABSENT: COUNCILMEMBER ZOLDOS 12. APPROVAL OF MINUTES: MOTION: On motion of Jackson, seconded by Webb, the minutes of December 7, 1999 Planning and Zoning, Finance, and Administration and Public Works Committee meetings, Town Council meeting minutes of December 14, 1999 and Town Council special meeting minutes of December 15, 1999 were approved as written and corrected by Councilmember Umstattd. VOTE: AYE: COUNCILMEMBERS ATWELL, JACKSON, MCDONALD, UMSTAI-I-D, WEBB, CLEM NAY: NONE ABSENT: COUNCILMEMBER ZOLDOS K. NEW BUSINESS: I~IOTION: On motion of Jackson, seconded by Webb, the following resolution was proposed and adopted as amended. 2000-10 - A RESOLUTION urging Shenandoah University to select a site within the corporate limits of the Town of Leesburg VOTE: AYE: COUNCILMEMBERS ATWELL, JACKSON, MCDONALD, UMSTA1-FD, WEBB, CLEM NAY: NONE ABSENT: COUNCILMEMBER ZOLDOS I~IOTION: On motion of McDonald, seconded by Umstattd, 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), Subsections (3) and (7) respectively, of the 1950 Code of Virginia, as amended. The purpose of this closed meeting is to consult with legal counsel regarding the acquisition of the Balls Bluff Civil War Site VOTE: AYE: COUNCILMEMBERS ATWELL, JACKSON, MCDONALD, UMSTA1-FD, WEBB, CLEM NAY: NONE ABSENT: COUNCILMEMBER ZOLDOS LEESBURG TOWN COUNCIL MEETING MINUTES JAN. Il, 2000 Page #4 HOTION: On motion of, and duly seconded, the following resolution was proposed and adopted. 2000-11 - RESOLUTION - CERTIFYING THE CLOSED MEETING OF JANUARY 11, 2000 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, 1) 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, UMSTA'I-I-D, WEBB, CLEM NAY: NONE ABSENT: COUNCILMEMBER ZOLDOS I~OTION: On motion of, and duly seconded, the meeting was adjourned. · Clem, Mayor Clerk of ~:ouncil'