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HomeMy Public PortalAbout2000_09_12COUNCIL MEETING September 12, 2000 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding Councilmembers Present: George Atwell, Mervin Jackson, Leonard McDonald, David Schmidt, Kristen Umstattd, Robert Zoldos, and Mayor Webb. Staff Present: Robert Noe, Town Manager, William Donnelly, Town Attorney, Phillip Rodenberg, Deputy Town Manager, Director of Engineering and Public Works Tom Mason, Director of Planning Michael Tompkins, Director of Parks and Recreation Kaj Dentler, Director of Finance Paul E. York, Budget Officer Mike Freda, Zoning Administrator Brian Boucher and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Councilmember Zoldos. B. Salute to the Flag led by Councilmember Atwell. C. Roll Call showing all members present. D. Minutes: On a motion by Councilmember Atwell, seconded by Councilmember Zoldos the minutes of July 10, 2000, July 11, 2000, July 23, 2000, July 24, 2000, August 7, 2000, and August 8, 2000 (as amended) were approved with an abstention from Councilmember Zoldos (July 10 and July 11, 2000 meeting) and Councilmember Atwell (August 8, 2000 meeting). E. Proclamations: On a motion by Councilmember Umstattd, seconded by Councilmember Jackson following proclamation was approved unanimously. PROCLAMATION roi' LEESBUHG DA Y OF REMEMBER/IA~CE WHEREAS, the 1s~r Annual Parents of Murdered Children for the family and friends of those lost to violence, Leesburg Day of Remembrance will be commemorated on September 25, 2000; and WHEREAS, Parents of Murdered Children help survivors deal with acute grief in a safe, non-judgmental environmental and helps them through the maze of the criminal justice system; and Town Council Minutes for September 12, 2000 Page 2 WHEREAS, the annual Day of Remembrance honors the memories of all children and adults lost to murder, allowing their silent voices to be heard and insights into the personal pain and loss of their families and friends; and WHEREAS, the annual Day of Remembrance provides an opportunity for the community to share in remembering those lives lost senselessly to violence. THEREFORE BE IT RESOLVED, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim Monday, September 25, 2000, as Leesburg Day of Remembrance. PROCLAIMED this 12th day of September, 2000. On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd, the following proclamation was approved unanimously. PIlOCL4M IT[OA/ lot' A/,4 TIOA/,4 L UA/D OIA/G R4 CISM O/i Y WHEREAS, by Act of Congress of the United States dated July 2, 1964, the Civil Rights Act of 1964 was adopted banning discrimination because of a person's color, race, national origin, religion, or sex; and WHEREAS, by Act of Congress of the United States dated December 6, 1865, the 13t~ Amendment of the Constitution of the United States was adopted abolishing slavery; and WHEREAS, by Act of Congress of the United States dated July 9, 1868, the 14th Amendment of the Constitution of the United States was adopted giving all persons born or naturalized in the United States the right to due process and equal protection under the law; and WHEREAS, by resolution of the National League of Cities, we declare racism unjust and advocate equal rights for all; THEREFORE BE IT RESOLVED: that the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim September 20, 2000 as "Undoing Racism Day" and urge all citizens to join together to reaffirm our commitment to ensure equality and freedom for all the people regardless of race, religion, sexual preference, or gender. PROCLAIMED this 12th day of September, 2000. On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following proclamation was approved unanimously. Town Council Minutes for September 12, 2000 Page 3 ,4 PHOLTL4MATIOA/ roi' A/A TIOA/AL ALCOHOL AA/D OHUG ADDICTIOA/ llECOVEH¥ MOA~IH WHEREAS, on behalf of the citizens of Leesburg, I am pleased to join in celebrating September 2000 as National Alcohol and Drug Addiction Recovery Month in Leesburg; and WHEREAS, acknowledging September 2000 offers advocates of substance abuse treatment an opportunity to educate the public and policymakers about the effectiveness of treatment, both societal and financial; and WHEREAS, substance abuse is a major public health problem that puts millions of adolescents at risk for alcohol-related and drag-related traffic accidents, risky sexual practices, juvenile delinquency, and developmental problems; and WHEREAS, thousands of health care providers have dedicated their lives to the recovery process and to the education of the public about alcoholism, drug dependence, and treatment issues. THEREFORE BE IT RESOLVED: that the Mayor and Council of the Town of Leesburg in Virginia do hereby proclaim the month of September, 2000 as National Alcohol and Drug Addiction Recovery Month in Leesburg and encourage all citizens to support this year's theme - Recovering Our Future: One Youth at a Time - by supporting adolescents who are in alcohol and drug addiction treatment and recovery. PROCLAIMED this 12th day of September, 2000. F. Petitioners Anne Hart, representing the Blue Ridge Antique Guide, addressed Council presenting the latest edition of the Antique Guide. Kelly Gower, extended an invitation to Council to attend a golf outing sponsored by the Tae Wan Do Academy in support of the "Kick Cancer Out of the World". LaMott Smith, Chairman of the Economic Development Commission, addressed Council and presented a letter requesting support of under- grounding utilities and fiber optic conduit in the Town when current and future road projects are underway. Town Council Minutes for September 12, 2000 Page 4 Dennis Derr., 506 Sherry Court, SE. representing Loudouners Against Power Plants addressed Council. Mr. Derr stated that this organization is united in opposition of power plants. He asked that the Town deny water to the proposed power plant in Loudoun County. Mr. Derr advised that the next meeting of this organization would be Thursday, September 21st at the Leesburg Presbyterian Church. Mayor Webb advised that no application for the proposed power plant has been filed with the Town of Leesburg or Loudoun County thus far. Aledra Hollenbach, addressed Council on an upcoming marriage seminar on September 22 and September 23rd which is being sponsored by 40 churches throughout the area. Dawn Barrett., 204 Lawford Drive, submitted Council a petition with concerns for pedestrian safety on Greenway Drive. Ms. Barrett asked that a 3-way stop sign be considered in front of the community pool on Greenway Drive. Mayor Webb asked that a copy of this petition be sent to the Traffic Task Force for consideration. Steve Geiqer, 608 Curtin Place, addressed Council requesting that the proposed power plant be denied access to Town water. John Groothuis, Chairman of Leesburg Tree Commission, addressed Council asking for support of a proposed arboretum site in Leesburg. Stanley Caulkins, Chairman of the Leesburg Airport Commission, addressed Council reporting on the success of the Leesburg Air Show held at the Leesburg Executive Airport with attendance of approximately 3,500 people. Mr. Caulkins presented a 1937 aerial photo of Leesburg to the Town. G. PUBLIC HEARING Leesburg Commons - Town Plan Amendment TP 99-01, Rezoning ZM-157, Special Exception SE-98-09, and Zoning Text Amendment ZOAM 99-05. Michael Tompkins outlined the Leesburg Commons application and described the site. He recapped staff concerns and the reason they recommend denial. He further added that on March 2, 2000 the Planning Commission recommended approval with several conditions. Councilmember Zoldos asked for a comparison with Leesburg Corner Outlet Mall with reference to the square footage of retail. Mr. Tompkins clarified that the outlet mall has 500,000 square feet of retail. The Leesburg Commons application could build a maximum of 585,000 square feet of retail before any additional office use above 100,000 square feet. Councilmember IVlcDonald verified that the alternative interchange designs are different variations of a diamond interchange. Town Council Minutes for September 12, 2000 Page 5 Vice-Mayor Umstattd asked if the on-site road credits are critical to the success of the project. Mr. Tompkins said they are required to serve the project. Councilmember Atwell verified that an urban diamond interchange requires traffic signalization. Councilmember McDonald verified that cloverleaves at Battlefield Parkway and Leesburg Commons are spaced at a minimum distance according to VDOT standards. Bob Sevila, representing the applicant, addressed Council. Mr. Sevila stated gave a history of the Leesburg Commons property and the need for the retail component at the site in order to attract office users. He explained the different components of this application: (1) Town Plan amendment to the transportation and land use element, (2) rezoning from I-! to B-3, (3) five special exceptions, (4) Zoning Ordinance text amendment and (5) amending the AADP's. He stated the land use element amendment asks for additional retail and support uses. The amendment to the transportation element allows access from Crosstrail Boulevard and Russell Branch Parkway. The Zoning Ordinance text amendment is to increase the building height. Mr. Sevila outlined the proffer statement which will reroute Route 653 with a contribution from KST, will give a no access easement along Rt. 7, provides that all signalization on Rt. 7 and onsite will be paid for by the applicant. Further, they are asking for credits for public streets that are attributed to public use and that the entire site be submitted to the H-2 District regulations. Also their phasing plan calls for construction of 100,000 square feet without a lease in hand and fiber optic cable throughout the site. Peter Crowley, of Land Design Tnc., addressed Council. Mr. Crowley explained the concept plan of this proposal. He discussed they will be working around a main street design with small pod parking and landscaping. Further he showed elevation drawings from Rt. 7 and proposed berming and retaining walls. Marty Wells, of Wells & Associates, addressed Council. Mr. Wells explained that the improvements at River Creek Parkway and Rt. 7 would improve the level of service for that intersection. He explained the different diamond interchange options proposed by the applicant. He also discussed the construction of Russell Branch Parkway from Crosstrail to existing Rt. 653 and the construction of Russell Branch Parkway from the western property boundary to Crosstrail Blvd. Mr. Sevila summarized the application stating that 100,000 square feet of office will be proffered without a lease. The retail will be used to attract office users and will jump start the urban growth area. Councilmember Atwell questioned the traffic study information for the intersection. Mr. $evila stated the information has been analyzed and the proposed development will improve the level of service. The public hearing opened at 9:27 p.m. Town Council Minutes for September 12, 2000 Page 6 Greg Mitchell spoke in opposition to the Leesburg Commons application citing concerns with the amount of retail. Sandra Kane, 815 Kenneth Place, spoke in opposition to the Leesburg Commons application and the possible precedent of allowing a special exception to increase the building height. Kevin McCrory, addressed Council expressing concerns with the traffic impact created by Leesburg Commons and asked that the Town Plan not be modified to allow significant retail on the site. Bill Zawacki, 1107 Rollins Place, addressed Council expressing concern with amending the Town Plan, and the special exception requests, and a less than ideal solution to the transportation issues. Gem Bingol, 205 Primrose Court, addressed Council asking that this application be denied as it does not conform to the Town Plan. The applicant has not proffered adequate transportation dollars. Lisa Speet, 98 Heritage Way, addressed Council with concerns that Leesburg Commons will detract from the downtown of Leesburg. She further stated that office does not need retail and that the height increase will set a precedent. Steve Nicholas, ::[9582 Gleedsville Road, addressed Council in opposition to Leesburg Commons stating it will fundamentally change the town and is not smart growth. The public hearing closed at 9:50 p.m. Mayor Webb advised that Council would conduct a work session on Leesburg Commons on September 18th at 7:00 p,m, in the Lower Level of Town Hall. H. Coun¢ilmember Comments Councilmember Zoldos reported that on Saturday, September 16th there would be an Olde Izaak Walton Cleanup Day. He added that Home Depot is sponsoring the event. Councilmember McDonald .reported that the Cable Commission has brought forth a new ordinance and franchise agreement. Councilmember Atwell had no comment. Councilmember Jackson reported on the Board of Architectural Conference held September 9th. Vice-Mayor Umstattd reported that the Planning Commission has recommended on a 4-3 vote to eliminate private parking courts for Single Family Detached and Duplex units. She also reported on a how well the Loudouners Against Power Plants is organized. Further the VA Association of Planning Districts upcoming GIS conference. Town Council Minutes for September 12, 2000 Page 7 Councilmember Schmidt reported that he would be unable to attend the Leesburg Commons work session, however, he would meet separately with Mr. Sevila. He thanked LaMott Smith for his report on under grounding utilities and Mayor Webb for the stoplight at Woodlea. I. Mayor's Comments Mayor Webb reported that she had attended Morningside House for their National Assisted Care Living Week. She hosted the 1st Board and Commission Chairman's meeting and the Community First Council which will be held quarterly. I. Manager's Report Mr. Noe reported on $7,000 received from the State for expansion of the National Historic Register District. J. Legislation Consent Agenda On a motion by Councilmember McDonald, seconded by Councilmember Zoldos, the following consent agenda was proposed: 2000-166 - RESOLUTI:ON Authorizing time extensions for completion of public improvements and approving performance guarantees for River Creek Parkway South, River Creek Phase I, Section lA, Phases iT & TiT, Section 1: Phase II, Sections 3 & 3A; Phase iV, Section 1; Phase II, Section 2; Phase iii, Section 2B; and the Golf Course Facilities 2000-167 - RESOLUTI:ON Making a reduction of the performance guarantee for public improvements installed in Sycamore Hill Phase 1, Section 4. 2000-Z68 - RESOLUTTON Authorizing an agreement and approving a performance guarantee and water extension permit for Holiday Inn waterline extension. 2000-Z69 - RE$OLUTI:ON Accepting public improvements, releasing the performance guarantee and approving a maintenance guarantee for public improvements at Woodlea Manor Phase 5. The motion was adopted as shown below: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 Regular Agenda On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos the following motion was proposed: 2000-:L70 - RESOLUTZON Awarding a contract for construction of the Anne Street storm drainage improvements project to Rustler Construction, Tnc. in the amount of $118,900 and making a transfer of funds. Town Council Minutes for September 12, 2000 Page 8 The motion was adopted as shown below: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember Jackson, seconded by Councilmember McDonald, the following motion was proposed: RESOLUTZON Initiating amendments to the Subdivision and Land Development Regulations and the Design and Construction Standards Manual delegating to the Director of Engineering and Public Works authority to approve performance guarantees and extensions, reductions and releases thereof. Vice-Mayor Umstattd stated she is in opposition to this proposal because it would eliminate a measure of letting Council know what is going on with performance guarantees, etc. Mayor Webb stated she has concerns with the reduction and extension issues. Councilmember Atwell expressed concerns with the procedure and language of the resolution. He would not like to see Council removed from this process. Councilmember McDonald stated he could only vote to initiate. Councilmember Schmidt stated he could not support this resolution in its current form. Councilmember Atwell made a motion, seconded by Vice-Mayor Umstattd. The motion passed on the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos, and Mayor Webb Nay: None Vote: 7-0 On a motion by Vice-Mayor Umstattd, seconded by Mayor Webb, the following motion was proposed: 2000-171 - RESOLUTION Initiating amendments to the Zoning Ordinance to require special exception approval for a major public utility in the I-1 Industrial Research Park District. The motion was adopted on the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember Jackson, seconded by Councilmember Schmidt, the following motion was proposed: Town Council Minutes for September 12, 2000 Page 9 2000-::t72- RESOLUTZON Initiating amendments to the Zoning Ordinance to require special exception approval or use limitations for office use in the B-1 Downtown Mixed Use Zoning District. Brian Boucher commented that the Zoning Ordnance calls for a mixed use in the downtown. Vice-Mayor Umstattd stated she would be opposing this proposal. It will take away property rights and cause a loss of revenue to property owners. Councilmember Atwell suggested that it would create retail vitality and promote downtown Leesburg. Councilmember Schmidt commented that he would favor forwarding this proposal for discussion. Councilmember McDonald stated he is concerned with limiting what property owners can do with their property. The motion was adopted on the following vote: Aye: Atwell, Jackson, Schmidt, and Mayor Webb. Nay: McDonald, Zoldos and Umstattd Vote: 4-3-0 On a motion by Councilmember Zoldos, seconded by Vice-Mayor Umstattd, the following motion was proposed: 2000-173 - RESOLUTION Awarding a contract to Buchart-Horn, Inc. in the amount of $215,012 for construction management services related to the expansion of the Ida Lee Recreation Center. The motion was adopted on the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos, and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember Zoldos, seconded by Councilmember Jackson, the following motion was proposed: 2000-:t74- RESOLUTION Initiating amendments to the Zoning Ordinance to increase fines for criminal misdemeanors and to specify a ten-day appeal period for certain violations to conform to recent violations to the Code of Virginia. Brian Boucher advised that this amendment is to allow our zoning ordinance to conform to the State Code for enforcement appeal time. The motion was adopted as shown below: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos, and Mayor Webb Nay: None Town Council Minutes for September 12, 2000 Page 10 Vote: 7-0 On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald, the following motion was proposed: 2000-:L75 - RE$OLLITION Awarding a contract for bridge deck rehabilitation of the South King Street Bridge over Tuscarora Creek to Virginia Paving Company in the amount of $130,300. The motion was adopted as shown below: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos, and Mayor Webb Nay: None Vote: 7-0 On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following motion was proposed: 2000-176 - RESOLUTION Authorizing staff to initiate the process to vacate a building restriction line on Lot 38, Section 1, Leesburg Country Club. The motion was adopted as shown below: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos, and Mayor Webb Nay: None Vote: 7-0 On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following motion was proposed: 2000-177 - RESOLUTION Approving the location and major design features of the East Market Street Widening project from E, Loudoun Street to Sycolin Road, The motion was adopted as shown below: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb. Nay: None Vote: 7-0 On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following motion was proposed: 2000-:L78- RESOLUTION Rescheduling the October 23, 2000 and October 24, 2000 Council Meetings to October 30, 2000 and October 31, 2000. The motion was adopted as shown below: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos, and Mayor Webb. Nay: None Vote: 7-0 Town Council Minutes for September 12, 2000 Page 11 Councilmember Zoldos made a motion to table the motions to make appointments to boards and commissions. Councilmember Atwell seconded the motion. The motion failed by the following vote: Aye: Atwell, McDonald and Zoldos Nay: Schmidt, Umstattd, Jackson and Mayor Webb Vote: 3-4-0 Motions to make appointments to boards and commissions were proposed as follows: 2000-:1.79 - RESOLUTI:ON Making appointments to the Airport Commission Vice-Mayor Umstattd made a motion to reappoint Stanley Caulkins to the Airport Commission. Councilmember Jackson seconded the motion. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 Vice-Mayor Umstattd made a motion to appoint Roy Steinfort to the Airport Commission. Mayor Webb seconded the motion. The motion was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: Atwell Vote: 6-1-0 Councilmember Schmidt made a motion to appoint William Whyte to the Airport Commission. Vice-Mayor Umstattd seconded the motion. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos, and Mayor Webb Nay: None Vote: 7-0 2000- ;L80 - RESOLUTION Making appointments to the Balch Library Commission. Councilmember Jackson made a motion to reappoint Joan Rokus and .lames Lucier to the Balch Library Commission. Councilmember Schmidt seconded the motion. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, $chmidt, Umstattd, Zoldos, and Mayor Webb Nay: None Vote: 7-0 Town Council Minutes for September 12, 2000 Page 12 Vice-Mayor Umstattd made a motion to appoint Irene W. Bobich to the Balch Library Commission. Councilmember Schmidt seconded the motion. The motion was adopted by the following vote: Aye: Atwell, Jackson, Mcdonald, Schmidt, Umstattd, Zoldos and Mayor Webb. Nay: None Vote: 7-0 2000-18! - RESOLUTION Making appointments to the Board of Architectural Review. Vice-lVlayor Umstattd made a motion to reappoint Richard Forbes and William Sutton to the Board of Architectural Review. Councilmember Jackson seconded the motion. The motion was adopted as follows: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb. Nay: None Vote: 7-0 2000-182- RESOLUTION Making appointments to the Cable Television Advisory Commission Vice-Mayor Umstattd made a motion to reappointment Charles Dartley, David Hall, and William F. Webb Jr. to the Cable Television Advisory Commission. Councilmember Jackson seconded the motion. The motion was adopted as follows: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb. Nay: None Vote: 7-0 2000-183- RESOLUTION Making appointments to the Economic Development Commission Councilmember Schmidt made a motion to reappoint LaMott Smith to the Economic Development Commission. Vice-Mayor Umstattd seconded the motion. The motion was adopted as follows: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 Vice-Mayor Umstattd made a motion to appoint Kelly Gower to the Economic Development Commission. Councilmember Jackson seconded the motion. The motion was adopted as follows: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 Vice-Mayor Umstattd made a motion to appoint James R. Wynn to the Economic Development Commission. Councilmember Schmidt seconded the motion. Town Council Minutes for September 12, 2000 Page 13 The motion was adopted as follows: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 2000-184- RESOLUTe'ON Making appointments to the Environmental Advisory Commission. On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, Bill Repogle was nominated for reappointment to the Environmental Advisory Commission. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, Sandra Kane was nominated for appointment to the Environmental Advisory Commission. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember $chmidt, seconded by Vice-Mayor Umstattd, Ursula Lemanski was nominated for appointment to the Environmental Advisory Commission. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald, Joseph D. Eichenlaub was nominated for appointment to the Environmental Advisory Commission. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, $chmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 2000-185- RESOLUTION Making appointments to the Parks and Recreation Commission. On a motion by Councilmember Schmidt, seconded by Vice-Mayor Umstattd, Sidney Lord and John Laycock were nominated for reappointment to the Parks and Recreation Commission, The motion was adopted by the following vote: Town Council Minutes for September 12, 2000 Page 14 Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, Cindy Lockler was nominated for appointment to the Parks and Recreation Commission. Councilmember Zoldos commented that he would not be supporting this nomination as he feels there are more qualified candidates for this vacancy. The motion was adopted by the following vote: Aye: Jackson, McDonald, Umstattd, and Mayor Webb Nay: Atwell, Schmidt, and Zoldos 2000-186- RESOLUTION Making appointments to the Tree Commission. On a motion by Councilmember Schmidt, seconded by Councilmember Jackson, Earl Hower and R. Max Peterson were nominated for reappointment to the Tree Commission. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 On a motion by Vice-Mayor Umstattd, seconded by Councilmember Schmidt, William W. Wolf was nominated for appointment to the Tree Commission. Councilmember Zoldos expressed concern with the current Tree Commission chairman not being nominated for reappointment. The motion was adopted by the following vote: Aye: Jackson, Schmidt, Umstattd, and Mayor Webb Nay: Atwell, McDonald and Zoldos Vote: 4-3 On a motion by Vice-Mayor Umstattd, seconded by Councilmember Atwell, the following motion was proposed: 2000-187 - RESOLUTION Authorizing the installation of acorn globe streetlights within the limits of the South King Street improvements project and making a transfer of funds. Tom Mason recommended using power company installed lights and pointed out that acorn globe is a generic term. He added that Virginia Power advised that the acorn type street lights will not provide the same amount of light on S. King Street, but will provide adequate security lighting. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Town Council Minutes for September 12, 2000 Page 15 Vote: 7-0 K. New Business Phil Rodenberg commented that the current extension of the cable franchise expires on September 30, 2000, Councilmember Zoldos discussed several issues that need to be revisited with reference to the franchise, Councilmember Zoldos made a motion to extend the cable franchise until October 31, 2000, The motion was seconded by Vice-Mayor Umstattd and approved by a unanimous vote, L, Closed Session Vice-Mayor Umstattd made the following motion: Pursuant to Section 2.1-344(A)(3) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to discuss possible acquisition of real property for Town government use or for other purposes. The motion was seconded by Councilmember Zoldos and approved unanimously, At 11:10 p.m. the Council adjourned to the Council meeting room for a closed session. Following the closed session Vice-Mayor Umstattd made the following motion: In accordance with section 2.1-344.1 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was seconded by Councilmember McDonald and approved by a roll call vote as shown below: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Webb Nay: None Vote: 7-0 The Council adjourned at approximately 11:35 p.m. /~erk of Council