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HomeMy Public PortalAbout2000_02_08MINUTES COUNCIL MEETING February 8, 2000 Council Chambers, 25 West Market Street, 7:30 p.m. Vice Mayor Webb presiding. Coun¢ilmembers Present: Vice Mayor B. ]. Webb, Mervin V. Jackson, Leonard McDonald, Kristen C. Umstattd, and Robert Zoldos. Mayor Clem and George Atwell were absent for this meeting. Staff Members Present: Robert S. Noe, Town Manager, William E. Donnelly, Town Attorney, Director of Engineering & Public Works Thomas A. Mason, Director of Planning, Zoning & Development Michael Tompkins, Planner Stacey Rothfuss, Assistant Town Manager for Economic Development John H. King, Public Information Officer Susan Farmer, Acting Clerk of Council Mary Mack AGENDA ITEMS A. Tnvocation was led by Councilmember McDonald. B. Salute to the Flag was led by Councilmember Jackson. Roll Call showing Mayor Clem and Councilmember Atwell absent. D. Approval of Minutes: On motion of Councilmember Jackson, seconded by Councilmember Zoldos the following minutes were approved unanimously with abstention from Councilmember McDonald for the January 24 and 26th meetings due to his absence, and abstention for Councilmember Zoldos for the meetings of January 10 and 11 due to his absence. a. Council Worksession minutes of January 10, 2000 b. Council Worksession minutes of January 24, 2000 c. Council Meeting Minutes of January 11, 2000 d. Council Meeting minutes of January 26, 20 At this time, the following resolution of respect was presented to those present by Vice Mayor Webb: RESOLUTION OF RESPECT Ronald W, Blake WHEREAS, the Honorable R. W., "Ronnie", Blake of Leesburg and Loudoun County died February 6,2000; and WHEREAS, Mr. Blake distinguished himself as a member of the Leesburg Town Council, the Loudoun County Board of Supervisors, the Town's Airport Commission and the County's Planning Commission, serving as Chairman from 1972 to 1975, and WHEREAS, Mr. Blake was deeply involved in the early days of growth in Loudoun County, particularly as the County developed after the construction of Dulles Airport; and WHEREAS, Mr. Blake served in the U. S. Army in World War II, seeing action in Western Europe as a Lieutenant; and WHEREAS, Mr. Blake was married to his wife, Gretha, for 54 years. They have three sons and two daughters, all of whom were very important to Mr. Blake; and WHEREAS, Mrs. Blake, the Council and Community grieve with the family in the passing of this great public servant and family man THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg in Virginia extend their deepest sympathy to Mr. Blake's family and to all who knew him; and Council Meeting Minutes for February 8, 2000 Page #2 BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to his family. E. Petitioners: David Heatwole was present representing the Transcendental Arts Council. He spoke of a previous project and distributed materials to the Council members advising them that they are seeking a reissue of a proclamation of Charity for the Arts within the month, asking for a donation and also requesting a waiver of fees for May 5 and 6 for use of Ida Lee Park. Cheryl Kilday representing the Loudoun Tourism Council. Ms. Kilday introduced members of her staff, and distributed an information packet on the activities of the Council. She also announced that Maryland is launch- lng a Civil War Trails project to connect to Virginia and it will start in Leesburg. Kevin O'Neil resident of Woodlea Manor. Mr. O'Neil was present to urge the Council for promoting the extension of a bike path trail at Chancellor Street, He outlined the support of this trail extension from citizens of the community. He urged that this project be considered during the next budget meeting and that sufficient funds be appropriated. Steven Davis, parent of a small child who attends Cool Spring Elementary School, was present to speak of the overcrowding situation at Cool Spring and to urge the Council to begin dialogue to identify a future elementary school site in order to allow redistricting to begin. F. Public Hearings: To consider a Boundary Line Adjustment Agreement with the County of Loudoun. Town Manager Robert Noe outlined the necessity for this Boundary Line Adjustment Agreement. There were no petitioners to speak for or against this matter. The public hearing was closed. I~IOTION: On motion of Councilmember McDonald, seconded by Councilmember Jackson, the following resolution was adopted: 2000-30 - A RESOLUTION- approval of a Boundary Line Adjustment Agree- ment between the County of Loudoun, Virginia and the Town of Leesburg, Virginia, for the Route 621 high school site. VOTE: Aye: Nay: Absent: Councilmembers Jackson, McDonald, Umstattd, Zoldos and Webb None Atwell and Clem 2. Town consider #ZM-160 Loudoun County Public Schools Concept Plan and Proffer Amendment Planner Stacey Rothfuss was present and made a brief presentation regarding this rezoning request that would allow the Loudoun County High School Maintenance Building to be moved to this new site, thereby allowing additional parking at the existing high school site. There were no petitioners to speak for or against this rezoning. Ms. Rothfuss introduced William Kolster, Director of Facilities Services for the School Board. The Council questioned when the existing maintenance building would be torn down. Mr. Kolster could not answer that question. When asked how many parking spaces might result from removing the building, Mr. Kolster stated 30 to 40. MOTION: On motion of Councilmember McDonald, seconded by Councilmember Umstattd, the following ordinance was proposed: 2000-0-04 - AN ORDINANCE - approving #ZM-160 Loudoun County Public Schools, Concept Plan and Proffer Amendment VOTE: Aye: Nay: Councilmembers Jackson, McDonald, Umstattd, Zoldos and Webb None Council Meeting Minutes for February 8, 2000 Page #3 Absent: Atwell and Clem G. Coun¢ilmember Comments: Councilmember McDonald explained that the Cable Commission meeting for the 15th has been cancelled because they are in the final phase of negotiations with Adelphia. Mr. McDonald asked staff for a report regarding requirements and enforcement of snow removal, stating that he would like to look at this. Councilmember Umstattd called the Council's attention to the information received from the Loudoun Museum regarding the upcoming exhibit "Courage My Soul" which will celebrate the role of historic African-American Churches and Mutual Aid Societies. The opening celebration will be February 13th at First Mt. Olive Baptist Church and will feature an inter-church gospel choir. The performance will begin at 3:00 p.m. The exhibit will run through April 30th from 10:00 a.m. to 5:00 p.m., Monday through Saturday, and 1:00 to 5:00 p.m. on Sundays. She reported on the recent planning commission meeting regarding the relocation of the recreation center at Stratford, and advised the Council that these concerned residents will probably be appearing be for Council. Councilmember Jackson reported that the Stratford residents are meeting with the developer at this time. Councilmember Zoldos complemented the Public Works Department for a wonderful job in snow removal. He asked if the Cable Company is considering "open access". Mr. McDonald stated that it is on the table. MAYOR'S COMMENTS: Vice Mayor Webb reported on attending a recent Chamber meeting and visiting with Ted Leonis of AOL, she stated that he was very interested that Leesburg is taking a serious look at our infrastructure issues. She announced that she will be going to Richmond with VML for Legislative Day and stated that later in the meeting she would be seeking comments from Council members regarding their thoughts on HB #62, which proposes moving municipal elections to November. Manager's Report: Mr. Noe reported that the information he has received is that "Cupid and Kate" will be airing on May 7th. He also acknowledged Matt Coughlin's departure as a reporter for Leesburg Today. Matt was present for the meeting and Carrie Cunningham was introduced as the new reporter. J. Legislation: Motion: On motion of Councilmember Jackson, seconded by Councilmember McDonald, the following ordinance was proposed: 2000-0-05 - AN ORDINANCE: amending Section 4-25 of the Town Code relating to dog waste. Town Attorney William Donnelly advised that he had modeled the proposed ordinance from Loudoun County's ordinance, but that he has made Leesburg's ordinance effective for the entire Town, whereas, Loudoun County's ordinance only applies to residential areas, in answer to Councilmember Zoldos's question if the ordinance can be enforced, Mr. Donnelly, said it would be very difficult, because the officer would have to observe the violation. Councilmember Umstattd asked the Town not be littered with signs regarding this ordinance. The ordinance was then adopted. VOTE: Aye: Nay: Absent: Councilmembers Jackson, McDonald, Umstattd, Zoldos and Webb None Atwell and Clem Motion: On motion of Councilmember McDonald, seconded by Councilmember Umstattd, the following ordinance was proposed: 2000-O-06 - AN ORDINANCE: adding Section 10-97 to the Town Code relating to engine brakes ("Jake Brakes") Town Attorney William Donnelly advised that this ordinance had been modeled from the Town of Middleburg's ordinance regarding the use of engine brakes within the corporate limits. Councilmember Umstattd asked about enforcement Council Meeting Minutes for February 8, 2000 Page #4 for this ordinance and how the truckers are to be alerted. This will need to be investigated. The ordinance was then adopted: Aye: Nay: Absent: Councilmembers Jackson, McDonald, Umstattd, Zoldos and Webb None Atwell and Clem Notion: On motion of McDonald, seconded by Umstattd, the following resolutions were proposed and adopted as amended. CONSENT AGENDA 4. 2000-31 - RESOLUTI:ON: authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Sycamore Hill, Phase I, Section t. 5. 2000-32 - RESOLOTION: making a reduction of the performance guarantee for public improvements installed in Stratford, Phase A, Sections I & 2, Phase B, Sections I & 3 and Phase B, Sections 2 & 4. 6. 2000-33 - A RESOLUTION: making a reduction of the performance guarantee for public improvements installed in Tavistock Farms, Sections 11 & 12, and 13, 19, 20 and 21. 7. 2000-34 - A RE$OLUTI:ON: accepting public improvements, releasing the performance guarantee and approving a maintenance guarantee for public improvements at Stratford, Phase B, Hope Parkway 8. 2000-35 - A RESOLUTTON: rescheduling the Council Work Sessions and Regular meetings of February 21 and 22, 2000 and October 9 and 10, 2000, to February 22 and 23, 2000 and October 16 and :[7, 2000, respectively. These motions were then adopted as shown below: Aye: Nay: Absent: Councilmembers Jackson, McDonald, Umstattd, Zoldos and Webb None Atwell and Clem At this time of the meeting, Vice Mayor Webb ask for comments regarding the House Bill proposal to move the municipal elections to November. There were arguments for and against and it was the consensus of those present that this could be investigated in conjunction with the proposed council review of the Charter and could be proposed at that time. Vice Mayor Webb thanked the Council for sharing their thoughts on this matter agreeing that there are pros and cons for such action. I~IOTI:ON: On motion of Zoldos, seconded by McDonald, the following motion was proposed and adopted. Pursuant to Section 2.:[-344 of the :[950 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, sub paragraph A of Section 7 of the :[950 Code of Virginia, as amended. The purpose of this closed meeting is to consult with legal counsel regarding a proffer interpretation. Vote: Aye: Nay: Absent: Councilmembers Jackson, McDonald, Umstattd, Zoldos and Webb None Atwell and Clem The Council then adjourned to the Conference Room to confer. Following the closed meeting the Council then reconvened in open session. I~IOTION: On motion of Zoldos, seconded by McDonald, the following motion was proposed and adopted: 2000-36 - A Resolution - certifying the closed session of February 8, 2000. Vote: Approved by a roll call vote. Council Meeting Minutes for February 8, 2000 Page #5 Aye: Nay: Absent: Councilmembers Jackson, McDonald, Umstattd, Zoldos and Webb None Atwell and Clem On motion duly made and seconded, the meeting was adjourned.