HomeMy Public PortalAbout2000_06_27COUNCIL MEETING ]une 27, 2000
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Clem presiding.
Councilmembers Present:
George F. Atwell, Leonard McDonald (joined the meeting at 7:40 p.m.), Mervin
Jackson, Kristen C. Umstattd, Vice Mayor Webb, Robert Zoldos and Mayor Clem.
Staff Members Present:
Bob Noe, Town Manager, Phil Rodenberg, Deputy Town Manager, William E.
Donnelly, Town Attorney, John King, Director of Economic Development, Michael
Tompkins, Director of Planning, Zoning and Development, Tom Mason, Director of
Engineering and Public Works, Paul York, Director of Finance, Nancy Fixx, Director
of Personnel, Joe Price, Chief of Police, Mike Freda, Budget Officer, Brian Boucher,
Zoning Administrator, Kathy Elgin, Purchasing Officer, Planner Stacey Rothfuss and
Judy Ahalt, Clerk of Council.
AGENDA ITEMS
Tnvocation was led by Councilmember Jackson
Salute to the Flag was led by Councilmember Umstattd
Roll Call (showing Mr. McDonald arriving late and Mr. Atwell arriving at 8:10
pm.)
Presentation of Certificates:
Dewey Hill was presented a certificate of appreciation for serving on the
Airport Commission from June 10, 1987 to June 30, 2000.
Vice-Mayor Webb presented Mayor Clem a plaque in recognition for
serving as Mayor from 1992 to 2000 and in appreciation of four terms of
distinguished leadership in serving the citizens of the Town of Leesburg. This
was presented on behalf of the citizens, fellow council members and
employees of the Town.
Mayor Clem talked about his service to the Town and said it has been an
honor to serve the citizens of Leesburg.
Petitioners:
1. Lew McClellan, a member of the National Shooting Sports Foundation,
discussed a national firearms safety lock program for guns, which will be
available Town and County residents. He asked for support from the
Town.
Rob Horne, Llamas & Lightning Lacrosse Team, addressed Council
thanking the Town for allowing Loudoun County High School lacrosse
teams to use the fields at [da Lee Park.
Kelly Gower, Director of Special Events for the Cystic Fibrosis Foundation,
addressed Council with reference to a benefit concert at George Mason
University on November 15, 2000. She encouraged all to attend in
Town Council Minutes for June 27, 2000 Page 2
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support of the Cystic Fibrosis Foundation. Ms. Gower thanked Mayor
Clem for providing transportation for her over the years.
The president of the Meadows Lane Homeowner's Association addressed
Council and thanked them for their support in improving their
community. Mayor Clem added that the police department played a
major part in the revitalized of their community.
PROCLAMATION
On a motion by Vice-Mayor Webb, seconded by Councilmember Jackson the
following proclamation was proposed.
The motion passed unanimously.
RECREATTON AND PARKS MONTH
JULY 2000
WHEREAS, parks, recreation activities, and leisure experiences
provide opportunities for young people to live, grow, and develop into
contributing members of society; and
WHEREAS, parks and recreation create lifelines and enrich life
experiences for older members of our community; and
WHEREAS, parks and recreation generate opportunities for people to
come together and experience a sense of community through fun
recreational pursuits; and
WHEREAS, park and recreation agencies provide outlets for physical
activities, socialization, and stress reducing experiences; and
WHEREAS, parks, playgrounds, nature trails, open spaces,
community and cultural centers, and historic sites make communities
attractive and desirable places to live, work, play, and visit, and contribute to
our ongoing economic vitality; and
WHEREAS, parks, greenways, and open space provide a welcome
respite from our fast paced, high tech lifestyles while protecting and
preserving our natural environment; and
WHEREAS, parks and recreation agencies touch the lives of
individuals, families, groups, and the entire community which positively
impacts upon the social, economic, health, and environmental quality of our
community.
NOW, BE TT THEREFORE RESOLVED, that the Mayor and Council
hereby proclaim July as Recreation and Parks Month in the Town of Leesburg
and encourage all citizens to celebrate by participating in their choice of
pleasurable recreation, park, and leisure activities with family, friends, and
neighbors.
PASSED, this 27th day of June, 2000.
By: James E. Clem, Mayor
MZNUTES
On a motion by Councilmember McDonald, seconded by Councilmember
Zoldos, the minutes of the May 23, 2000 regular meeting and the minutes of
the June 12, worksession were approved as presented by the following vote:
Aye: Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem.
Nay: None
Town Council Minutes for June 27, 2000 Page 3
Public Hearing
A. ZOAM-00-01 - MC District Elderly Housing
This public hearing opened at 8:00 p.m.
Mr. Boucher outlined this amendment to require Special Exception approval
to include elderly housing and to set a maximum density of 16 multi-family
housing units. He added that elderly housing would not have a detrimental
impact on the character of the MC District.
There were no petitioners for this public hearing.
The public hearing closed at 8:05 p,m. There were no Councilmember
comments.
Council Comments
Vice-Mayor Webb stated that she attended a Loudoun County Board of
Supervisors meeting on the Shenstone application. She added that VDOT
announced they had released the Commission Permit for an entrance onto
Rt. 7.
Councilmember Zoldos invited all citizens to the 4th of July Celebration at Ida
Lee Park. He suggested that everyone consider taking part in the National
Shooting Group project presented by Mr. McClellan.
Councilmember Zoldos congratulated the Leesburg Tree Commission has
reached its goal of 2000 by 2000.
Councilmember Zoldos commented it has been a pleasure working with
Mayor Clem over the past years.
Councilmember Jackson also commented that it has been a pleasure working
with Mayor Clem. He passed on news that Chuck Bos' daughter had passed
away over the weekend and asked that the Clerk read the obituary.
Councilmember Umstattd asked that a formal resolution of respect be
presented for Margot Bos Stambler at the next council meeting as well as a
certificate of appreciation for Susan Farmer.
She commended Mayor Clem on his tireless work on the Town Council and
added she has enjoyed working with him.
Councilmember Atwell reported that his lateness was due to his attendance
at the Leesburg Daybreak Rotary Club 10th Year Anniversary Celebration.
He commented that he too has enjoyed working with Mayor Clem.
Councilmember McDonald reported that he had met with Bob Sevila and
representatives of Leesburg Commons. He expressed regret that Susan
Farmer will be leaving the Town. Councilmember McDonald also thanked
the Mayor for his encouragement over the years added that he has enjoyed
working with him.
Mayor's Comments:
Mayor Clem chose to reserve his comments to the end of the meeting.
Town Council Minutes for June 27, 2000 Page 4
Manager's Report:
Mr. Noe reported that 400 students attended the all night graduation party
at Tda Lee.
He gave notice that a special organizational meeting of the Town Council is
scheduled for,luly 5, 2000 at 7:30 p.m. Also, the Council will be convening
at the July 4th Celebration at Ida Lee at approximately 7:30 p.m. for the
purpose of introduction only.
Mr. Noe thanked Mayor Clem on behalf of town employees for his leadership
provided the town though the years.
L. Legislation:
[ ORDINANCES J
On a motion by Vice-Mayor Webb, seconded by Councilmember Zoldos, the
following ordinance was proposed:
2000-0-:1.9 - ORDINANCE
Amending Chapter 12.1 of the Town Code revising the pay and classification plan
effective July 1, 2000.
The motion was approved as shown below:
Vote: Aye: Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos, and Mayor
Clem
Nay: None
There was no discussion.
On a motion by Councilmember Zoldos, seconded by Councilmember
Umstattd, the following ordinance was proposed:
2000-0-20 - ORDINANCE
Amending the Town Code by adding Article IV(A) Consisting of Sections 17-95.1
through 17.95.7, and to repeal Article Iv (Sections 17-95 through 17-109) relating
to Meals Tax.
The motion was approved as shown below:
Vote: Aye: Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor
Clem
Nay: None
Paul York advised that the General Assembly has changed the way certain
prepared foods are taxed. Guidelines have been provided to the Town merchants to
help them clarify what prepared foods are subject to a meals tax. This ordinance will
become effective on .luly I and has no impact on the restaurants in Leesburg.
Councilmember Umstattd verified this is a housekeeping ordinance to comply
with state law.
On a motion by Councilmember McDonald, seconded by Councilmember
Jackson, the following ordinance was proposed:
2000-0-21 - ORDINANCE
Town Council Minutes for June 27, 2000 Page 5
Amending Section 10-131 of the Town Code to authorize a change in the speed limit
on the Route 15 Bypass.
The motion was approved as shown below:
Vote: Aye: Atwell, Jackson, McDonald, Umstattd, Zoldos, Webb and Mayor
Clem
Nay: None
Tom Mason verified that this would only affect the 55 mph speed limit on the
thru lanes from Rt. 7 to the North corporate limits. This is based on the congestion
at the Ft. Evans Road and Edwards Ferry intersections.
Vice-Mayor Webb talked about an equally congested situation on the
southwest side of Rt. 7 at Sycolin Road. Mr. Mason stated that segment of the
bypass is controlled by VDOT. He added that he will contact them suggesting that
the speed limit be changed to 45mph to Sycolin Road.
Councilmember Atwell suggested that we urge VDOT to reduce the speed
limit in the Sycolin Road for safety reasons.
Council echoed similar comments with respect to the speed and congestion
on the bypass at the Sycolin Road area. Vice-Mayor Webb suggested this issue be
taken up with the CTB and ask for help from our appointed official who represents
Loudoun County.
Tom Mason pointed out this ordinance change would be effective July 10,
2000.
On a motion by Councilmember Umstattd, seconded by Vice Mayor Webb,
the following ordinance was proposed.
2000-0-22 - ORDINANCE
ZOAM-00-01 - MC District Elderly Housing
An ordinance to consider Zoning Ordinance amendments to the Medical-Hospital
Center Zoning District to require special exception.
The motion was approved as shown below:
Aye: Atwell, Jackson, McDonald, Umstattd, Zoldos, Webb and Mayor Clem
Nay: None
Vice-Mayor Webb commended town staff for their excellent work on this
ordinance.
CONSENT AGENDA
Vice-Mayor Webb asked why an extension of the cable television franchise is
being requested?
Susan Farmer responded that an extension is needed to accommodate the
state code public notice requirement and, adding a draft will be forwarded to the
July 10th Council Work Session.
Vice-Mayor Webb asked that Item #6 be removed from the consent agenda
so that it can be discussed at workshop.
Town Council Minutes for June 27, 2000 Page 6
Mayor Clem commented on Item #7 stating that this is one of the most
important projects as it currently has heavy foot traffic. Vice Mayor Webb
expressed concern with the foot traffic from Ft. Evans Road onto the Rt. 15 Bypass.
Councilmember Umstattd asked that at next the Commonwealth
Transportation Board hearing a pedestrian overpass/crossover be considered for the
area.
Mayor Clem added that Council should lobby as much as possible for a
crossover,
Councilmember Jackson confirmed with Tom Mason that Edwards Ferry Road
has an interchange plan which will have a bridge constructed over the bypass. This
is in the CIP program and in a request to the CTB for funding. However, there are
no resources available unless there is a special appropriation from the CTB to get it
underway.
Vice-Mayor Webb moved the following consent calendar, seconded by
Councilmember Jackson.
2000-111 - RESOLUTTON
Approving an extension of the cable television franchise to September 30, 2000,
and authorizing public notice of a proposed new franchise.
2000-112- RESOLUTTON
Awarding a contract for engineering and design of the Fort Evans Road
improvements project to Michael Baker, Jr., Inc. in the amount of $94,904.
2000-113- RESOLUTTON
Authorizing an agreement and approving a performance guarantee and water and
sewer extension permits for Beauregard Heights.
2000-114- RESOLUTTON
Authorizing an agreement and approving a performance guarantee and water and
sewer extension permits for CVS/Pharmacy #1415-2.
2000-115- RESOLUTTON
Authorizing an agreement and approving a performance guarantee and water and
sewer extension permits for Leesburg Green.
2000-116- RESOLUTION
Authorizing an agreement and approving a performance guarantee and water and
sewer extension permits for Kincaid Forest, Section 11.
2000-117 - RESOLUTZON
Making a reduction of the performance guarantees for public improvements installed
in Kincaid Forest, Sections 7A & 10C.
2000-118- RESOLUTZON
Making a reduction of the performance guarantees for public improvements installed
in Northlake, Sections 1,2,4,5 & Northlake Lake.
2000-119 - RESOLUTTON
Authorizing Monday, July 3, 2000 as a paid holiday for town employees.
Town Council Minutes for June 27, 2000 Page 7
These motions were approved as shown below:
Aye' Councilmembers Atwell, Jackson, McDonald, Umstattd, Zoldos, Webb
and Mayor Clem
Nay: None
On a motion by Councilmember Webb, seconded by Councilmember
Umstattd, the following motion was returned to Committee.
RESOLUTTON
Re-authorizing the agreement between the Town of Leesburg and the Engineers and
Surveyors Institute (ESI) to continue the Leesburg ES:[ program.
The motion was approved as shown below:
Aye: Councilmembers Atwell, Jackson, McDonald, Umstattd, Zoldos, Webb
and Mayor Clem
Nay: None
REGULAR AGENDA
On a motion by Councilmember Zoldos, seconded by Councilmember Zoldos,
the following motion was proposed.
2000- :!.28 - RE$OLUT]:ON
Appointing Information Technology Commission members.
Vice-Mayor Webb added that historically commission appointees are split so
that terms expire at the same time as Council. In order to have consistency with
other boards and commissions, the motion was amended to read that three
commission terms expire June 30, 2004 and four terms expire June 30, 2002. Two
of the already appointed members will have their term determined at the next
commission meeting.
The amended motion was approved as shown below:
Aye.' Councilmembers Atwell, Jackson, McDonald, Umstattd, Zoldos, Webb
and Mayor Clem
Nay: None
2000-:1.20 - RESOLUTTON
Awarding contracts for property and casualty insurance coverage for the fiscal year
beginning July 1, 2000.
Councilmember Zoldos excused himself from discussion on this item and left
the dais.
Councilmember Atwell asked for clarification as to why the consultant has
changed the recommendation of two weeks ago.
Ms. Kelly Briner, the consultant, recapped that she had met with staff to
discuss coverage issues, risk exposures and the financial security of the VMLP pool
raised at the last council meeting. After further research and having the time to
discuss with administration the needs of the Town, she found that she no longer had
concerns with the pooling concept.
Town Council Minutes for June 27, 2000 Page 8
Councilmember Atwell made a motion, seconded by Vice Mayor Webb, to
accept the VMLP proposal.
Councilmember Umstattd asked Ms. Briner if she thinks an objective analysis
was made in her revised recommendation without political influence?
Ms. Briner said that it was. She added that the first proposal was very
rushed.
Councilmember Umstattd stated she was impressed by the original PENCO
proposal and that she would like to hear from VMLP and AH&T representatives.
Vice-Mayor Webb commented that she is troubled with the way in which this
was handled and having to make an 11th hour decision.
Councilmember Atwell added that he is concerned about the stability of
PENCO's pricing and what will happen as the market tightens and the fact that St.
Paul has been non-renewing around the State.
Councilmember McDonald talked about VMLP pooling and his concern with a
sizeable loss. Further he is concerned the Town would be assessed to cover losses
of another member.
Ms. Briner said that would be covered by the reinsurance.
Mr. David Smith, VMLP Underwriter, addressed Council. He discussed the
reinsurance issue and the concern with the Town having to cover pool losses for
other jurisdictions. Mr. Smith explained how their reinsurance program works,
stating that the coverage for liability is unlimited and they are financially secure.
Councilmember Umstattd stated she is uncomfortable with politicians or
city/county managers or VlVlLP's board acting as insurance professionals. IVlr.
Smith stated they only provide guidance.
Mr. Smith handed out a list of participating jurisdictions in the VMLP liability
program.
rvlel Whitely, representing AH&T, addressed Council. Mr. Whitely pointed out
the differences in coverage with PENCO and VML. He further commented that a
local company provides better service, AH&T is A-rated and is subject to the state
guarantee fund.
Mr. Smith added that VMLP could provide environmental protection coverage
although it is not in the quotation. He added that with VMLP you are dealing
directly with the claims personnel and underwriter; there is no middle person.
Mayor Clem reminded Council there is a motion on the floor made by
Councilmember Atwell, seconded by Vice- Mayor Webb.
Councilmember McDonald stated that he still has concerns with the pool.
Councilmember Umstattd stated that her preference remains with PENCO.
The changed recommendation in favor of VMLP was weaker than the original PENCO
recommendation.
Councilmember Jackson stated he would abstain.
Town Council Minutes for June 27, 2000 Page 9
Vice-Mayor Webb echoed Councilmember Atwell's comments on making a
rush decision. She stated she would probably vote to support the recommendation
of the consultant and staff.
Mayor Clem commented that he supports VMLP, however, he does not want
to be part of a pool in this changing market. Further, he will support the local
company, AH&T.
Mayor Clem called for a vote on the motion to award this contract to VMLP.
Vote:
Aye: Councilmember Atwell and Webb
Nay: Councilmember Umstattd, McDonald and Mayor Clem
Abstain: Councilmember Jackson and Zoldos
The motion failed.
Councilmember Umstattd moved the alternate resolution awarding contracts
for property and casualty insurance coverage for the fiscal year beginning July 1,
2000 to PENCO through their agent, Armfield, Harrison & Thomas, the Airport
liability awarded to Phoenix Aviation through their agent A.W. Hargrove, and the
environmental liability awarded to American International Specialty Lines Insurance
Company through their agent, Armfield, Harrison & Thomas. There was a second by
Vice Mayor Webb.
The motion was approved as shown below:
Aye: Councilmember Atwell, McDonald, Umstattd, Webb and Mayor Clem
Nay: None
Abstain: Councilmember Jackson and Zoldos
On a motion by Vice-Mayor Webb, seconded by Councilmember McDonald,
the following motion was proposed:
2000-::L2:~- RE$OLUTTON
Amending the budget resolution to reflect the establishment of a debt reduction
contingency account in the FY 2001 Budget.
Mayor Clem clarified that $609,000 was put in a contingency account for
debt reduction during the budget process. However it was left out of the budget
resolution; this action is a correction.
The motion was approved as shown below:
Aye: Councilmembers Atwell, Jackson, McDonald, Umstattd, Zoldos, Vice
Mayor Webb, and Mayor Clem.
Nay: None
On a motion by Vice-Mayor Webb, seconded by Councilmember Zoldos, the
following motion was proposed.
2000-:~22- RESOLUTZON
Initiating a Town Plan amendment to consider amending the land use
element with respect to Potomac Crossing and surrounding area.
Stacey Rothfuss stated that the resolution has been revised.
Town Council Minutes for June 27, 2000 Page 10
Councilmember Umstattd commented that she is concerned with the process
of voting on this proposed amendment when it was first presented to Council at last
night's worksession.
She stated this proposal is a significant increase in density and she would be
voting against initiation of this amendment.
Vice-Mayor Webb concurred with Councilmember Umstattd concern with the
process of this resolution being voted on tonight. She also expressed concern with
the density issue.
Councilmember Jackson stated he too would be opposed to higher density.
Mayor Clem reiterated that staff thinks there are some merits to this
proposal; however, staff is not sure how the town plan can be amended. He added
this application might provide an opportunity to improve on some areas of Potomac
Crossing.
Councilmember Atwell stated that he would be willing to let this proposal go
through the process and return to the Council.
Councilmember McDonald commented that he would like to have the public
input, staff comments, and he is encouraged by the decrease in student population.
The motion carried was approved as shown below:
Aye: Councilmembers Atwell, McDonald, Zoldos and Mayor Clem
Nay: Councilmembers Umstattd, Jackson and Vice Mayor Webb
On a motion by Vice-Mayor Webb, seconded by Councilmember Zoldos, the
following motion was proposed:
2000-123 - RESOLUTION
Agreement to become a signatory agency and member of the Northern Virginia
Criminal Justice Training Academy.
Chief Joe Price advised Council that Leesburg is a participant in the Northern
Virginia Criminal Justice Training Academy but not a signatory agency. This
resolution will authorize the Town Manager to sign the agreement that formalizes
the establishment of the Northern Virginia Criminal Justice Training Agency and
makes the Town Manager and Chief of Police members of the executive board.
Councilmember McDonald clarified that the Town is providing staff to the
academy on an ad hoc basis. Chief Price added that once we reach 65 officers, a
staff member would have to provide to the academy.
The motion carried by the following vote:
Aye: Councilmembers Atwell, McDonald, Jackson, Umstattd, Vice-Mayor
Webb, Zoldos and Mayor Clem
Nay: None
On a motion by Councilmember Zoldos, seconded by Vice-Mayor Webb, the
following motion was proposed:
2000-124 - RESOLUTION
Awarding a purchase contract to Enviro Systems Furniture, Tnc. (ESRT) in the
Town Council Minutes for June 27, 2000 Page 11
amount of $58,431.78 for the purchase and installation of modular system furniture
on the first floor of the Town Office building.
The motion was approved as shown below:
Aye: Councilmembers Atwell, McDonald, Jackson, Umstattd, Vice-Mayor
Webb and Mayor Clem
Nay: None
Councilmember Zoldos clarified this contract, which includes delivery, and
installation was the lowest of seven bidders.
M. New Business
Councilmember Zoldos made a motion that Leesburg participate in Project
Home Safe for gun locks as proposed by Mr. McClellan earlier this evening.
Councilmember Umstattd seconded the motion.
The motion carried on a unanimously vote.
Mayor Clem commented that he has enjoyed working with the Town Council,
staff and the citizens of Leesburg.
Mayor Clem ceremonially passed the gavel to incoming Mayor Webb.
The meeting adjourned at :t0:10 p.m.
B. J. Webb, Mayor
L/~erk of Council