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HomeMy Public PortalAbout2001_01_09COUNCIL MEETING January 9, 2001 Council Chambers, 25 West Market Street, 7:30 p.m. Vice-Mayor Umstattd presiding. Councilmernbers Present: George Atwell, Mervin Jackson, Leonard McDonald, David Schmidt, Kristen Umstattd, and Robert Zoldos. Councilmembers Absent: Mayor Webb Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly, Deputy Town Manager Phillip Rodenberg, Director of Engineering and Public Works Tom Mason, Director of Planning, Zoning and Development Michael Tompkins, Director of Finance Paul York, Chief of Police Joe Price, Chief of Current Planning Lee Phillips, Budget Officer Mike Freda, Tourism Coordinator Marantha Edwards, Andrew Russell, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Councilmember Schmidt. B. Councilmember I~lcDonald led the salute to the flag. C. Roll Call showing Mayor Webb absent. D. I~linutes: On a motion by Councilmember McDonald, seconded by Councilmember Zoldos, the minutes of December 11, 2000 and December 12, 2000 were approved with minor corrections by Councilmember Schmidt. E. Presentations: a. Vice-Mayor Umstattd presented a Certificate of Appreciation to Airport Director Juan Rivera for his service to the Town of Leesburg. She congratulated Mr. Rivera on his appointment as Airport Director for the City of Manassas and wished him well. b. Bonnie Westfall representing the Holiday Decoration Contest thanked everyone who helped with this project and additionally Middleburg Bank for their sponsorship. Vice-Mayor Umstattd presented Certificates of Congratulations to the contest winners. c. Mark McGregor representing the Loudoun County Transportation Association Board of Directors presented the Town of Leesburg an award as Government Partner of the Year. d. The following resolution of respect was passed for Town of Leesburg employee Linda Hellwig. Town Council Minutes for January 9, 2001 Page 2 RESOLUTION OF RESPECT LINDA HELLWIG WHEREAS, Linda Hellwig served as a Public Facility Inspector in the Department of Engineering and Public Works for the Town of Leesburg for 15 years; and WHEREAS, Linda inspected and took great pride in her work on construction projects such as Leesburg Gateway, Ashton Downs, Leesburg Corner Premium Outlet Mall, and most recently the County Courts Complex Expansion; and WHEREAS, Linda was a dedicated horse enthusiast and a member of the American Quarter Horse Association; and WHEREAS, Linda suffered an untimely death on January 3, 2001; and THEREFORE RESOLVED, that the Mayor and members of the Council of the Town of Leesburg extend their sympathy to Linda's family and our appreciation for her dedicated services to the Town; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to her family. PASSED this 9th day of January 2001. e. Jeff Mitchell, Mitchell & Company, presented the Comprehensive Annual Financial Report to Council. He stated the auditor's opinion report finds the Town's accounts to be in order. The Town has received an Achievement of Excellence in Financial Reporting Award. Further, the internal controls report shows Leesburg to be in compliance with the laws and regulations. Petitioners 1. Merv Forney and Karen Humphries with the Salvation Army addressed Council thanking them, staff, citizens and Loudoun County for their support of their 2000 Kettle Campaign. Ms. Humphries also thanked Council for their contribution to the Salvation Army on behalf of Mr. Uran and thanked the Mayor for attending their kickoff meeting. 2. Joseph McMurrer, 407 Mosby Drive, addressed Council with concerns of their potential purchase of Dodona Manor. Mr. McMurrer asked Council to not appeal the decision of the Stiles decision and that the Town not funds Mr. York's assessment. Further, Mr. McMurrer further asked that Mr. York, Mr. Noe, and Mr. Donnelly be fired. He further asked that Councilmember McDonald, Councilmember Zoldos and Mayor Webb resign. 3. J. Douglas, 47B Catoctin Circle, addressed Council with an invitation to the St. Jude's Research Hospital Kick-A-Thon on February 10th at Tiger Claw Taekwondo on Catoctin Circle. Town Council Minutes for January 9, 2001 Page 3 4. Robert Lorenz, 310 Loundsberry Court, addressed Council. IVlr. Lorenz commented that the Leesburg Police Department needs to be strengthened with more officers, especially in the patrol division. Mr. Lorenz also asked that Council not appeal the Stiles decision. asked for the resignations of Mr. Donnelly, Mr. Noe, Councilmember McDonald, Councilmember Zoldos and Mayor Webb. He 5. Bill Zawacki, 1107 Rollins Place SW, addressed Council in objection to the process being used for the Leesburg Commons application. He stated the applicant has failed to make numerous commitments to council work sessions and the public has not been kept informed about the changes that have taken place with this application. 6. Chuck Shotton, 204 Loudoun Street, addressed Council in reference to the extension of the H-1 District. Mr. Shotton stated that he feels the quality of life in Leesburg is second to none in Northern Virginia. He added that the cost to homeowners in the historic district is normal for old homes. Mr. Shotton recommended approval of the H-1 expansion with an amendment stating the south entrance to Leesburg has been neglected and that utilities be buried. 7. Tom Steinhice, 904 Chancellor Street, addressed Council in opposition to the Town's decision to study the Chancellor Street trail. He stated the issue was improperly voted on and asked that Mr. Donnelly explore the issue and respond. He stated the motion should be rescinded. 8. Douq Goolsby, 906 Chancellor Street, addressed Council in reference to the Chancellor Street extension. Mr. Goolsby stated Councilmember Zoldos lead the vote without a public hearing after Town staff recommended against the extension. Further, the Chief of Police and Fire and Rescue Department said the trail was not necessary. Mr. Goolsby asked Council to please make a motion to stop the waste of taxpayer money. The petitioner's section closed at 8:30 p.m. Public Hearings a. Special Exception SE-2000-11, Jafari Auto Service Councilmember Jackson abstained from discussion on this application. Lee Phillips outlined this application and the site for a proposed auto service or sales facility located at 40 Sycolin Road. He stated the applicant prefers the auto service use and staff believes this a good use for the site. Mr. Phillips pointed out that the Planning Commission did recommend denial of this application on a 3-2 vote. Further, Mr. Roncaglione has submitted a letter in opposition to approval of this special exception citing the lack of sufficient parking. Mr. Jafari presented photos of the site and the surroundings. The public hearing opened at 8:55 p.m. Town Council Minutes for January 9, 2001 Page 4 There were no petitioners or council member comments for this application. The public hearing closed at 8:56 p.m. b. Amending the FY-20OI Budget Public Hearing Vice Mayor Umstattd reminded the public that action would be deferred on this item. Bill Zawacki, addressed Council with concerns on the budget amendment. He stated Council needs to know have an accounting of expenditures. Further their commitment to pay down the debt is not being followed. Vice-Mayor Umstattd asked advice from Mr. Donnelly as to how to keep this public hearing open to allow for public comment after a staff presentation. Mr. Donnelly stated that it could be done by consensus or by vote. He stated it is unusual to allow speakers at a second meeting. Councilmember Atwell stated the normal procedure has been to hold the public hearing open for ten days to allow for written comments. Vice-Mayor Umstattd stated this item would return in two weeks with a staff presentation. Councilmember Schmidt stated he believes we have had an incomplete public hearing since staff did not make a presentation. Councilmember $chmidt made a motion to keep this public hearing open until the next council meeting in two weeks. Vice-Mayor Umstattd seconded the motion. Councilmember McDonald verified that an item-by-item vote would be taken on January 23rd, Councilmember $chmidt accepted the item-by-item vote as a friendly amendment to the motion. The motion carried as follows: Aye: Atwell, McDonald, Schmidt, Umstattd, and Zoldos Nay: Jackson Vote: 5-1-1 H. Council Comments: Councilmember McDonald thanked the citizens for their concern for his mother's health. Councilmember Zoldos had no comments. Councilmember Atwell stated he has received applications and will be conducting interviews for the Planning Commission vacancy. He will have a recommendation at the January 23rd Council meeting. Town Council Minutes for January 9, 2001 Page 5 He personally thanked Juan Rivera for his efforts at the Leesburg Municipal Airport. He also commented on the community spirit and involvement in the Holiday Decorating Contest. Councilmember Jackson commended Charles Mumaw of the Engineering and Public Works Department on his recent award from the Engineering Services Institute. Councilmember Schmidt commented on the removal of the barricade between the Woodlea and Greenway Farms neighborhoods. He expressed resident's concerns with the traffic and the need for stop signs. Vice-Mayor Umstattd wished Mayor Webb a speedy recovery. rm Mayor's Comments: Mayor Webb was absent. J. Manager,s Report: Mr. Noe advised he has received a letter from Kirby Bowers advising that the Board of Supervisors had approved a resolution appropriating $20,000 for installation of bus shelters. Mr. Noe asked Mr. Mason to report on the status of the Meade Drive traffic problem since the removal of the barricade. Mr. Mason said they are following the process as recommended by the Residential Traffic Task Force. The police are proceeding with monitoring the traffic. Chief Price will meet with the communities and Calvin Grow is looking at where more speed limit signs can be placed. Councilmember Schmidt asked if a determination has been made for definite stop signs? Mr. Mason stated the police are following their process for dealing with speeding and traffic. The last step would be physical measures. Councilmember Atwell added to his comments and thanked Mr. York and his staff for achieving another Certificate of Excellence in Financial Reporting for the 13th consecutive year. K. Legislation: ORDINANCES None CONSENT AGENDA On a motion by Councilmember Schmidt, seconded by Councilmember Jackson the following consent items were proposed. 2001-1 - RESOLUTION Authorizing an agreement and approving a substitute performance guarantee for Potomac Station Section 8A and releasing the corporate surety bond from Goose Creek Communities, L.L.C. Town Council Minutes for January 9, 2001 Page 6 2001-2 - RESOLUTION Accepting public improvements, releasing the performance guarantee and approving a maintenance guarantee for public improvements at Crossroads Baptist Church, 2001-3 - RESOLUTION Approving the vacation of a portion of a sanitary sewer easement of Parcel B-2 of the Board of Supervisors of Loudoun County. 2001-4 - RESOLUTION Approving the vacation of a portion of a storm sewer easement within Potomac Station, Section 7A. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, and Zoldos Nay: None Vote: 6-0-:[ REGULAR AGENDA On a motion by Councilmember McDonald, seconded by Councilmember Zoldos, the following proposed resolution was read into the record as follows: 2001-5- RESOLUTION RESOLUTION: AUTHORIZING THE TOWN TO APPEAL THE JUDGMENT TN THE STILES CASE. WHEREAS, on December 14, 2000 judgment was entered in favor of Keith Stiles against the Town and Paul York in the amount of $3.0 million compensatory damages, joint and severally, and $100,000 punitive damages against Mr. York; and WHEREAS, the Town Attorney recommends that the Town should appeal for the following reasons: 1. Outside counsel assigned by our insurer did not present our best case. 2. Paul York was justified in firing Mr. Stiles based upon information he had received from apparently reliable sources that there were serious management and morale problems in the Police Department. 3. The amount of the verdict was excessive. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the Town Attorney is directed to appeal the judgment in the Stiles case. PASSED this 9th day of .]anuary 2001. Councilmember McDonald stated the judgment in this case is excessive and more than what Mr. Stiles asked for. It is only sensible and logical that the Town exercises their right of appeal. Town Council Minutes for January 9, 2001 Page 7 Councilmember Zoldos commented was that what you see depends on where you stand and he will be voting for this appeal. Councilmember $chmidt stated Council is obligated to appeal since the judgment was an excessive amount whether it was justified or not. The citizens of Leesburg are the ones who would be punished. Vice-Mayor Umstattd commented she would be voting against this resolution for three reasons. She cannot agree that outside counsel did not present our best case. Her observation was that outside counsel did the best job with what he had to work with. She cannot agree that Mr. Stiles was justifiably fired. Lastly, the amount of the verdict is large and it will be a reach for the Town. She stated her research shows we only have about a 40% chance of winning this appeal. Further the appeal process and interest on the judgment may reach an additional $750,000 in fees. The motion was approved by the following vote: Aye: Atwell, McDonald, Schmidt, and Zoldos. Nay: Umstattd Abstain: Jackson Vote: 4-1-1-1 On a motion by Councilmember Zoldos, seconded by Councilmember McDonald, the following motion was proposed: 2001-6- RESOLUTION Amending the 2001 Legislative Program adopted October 31, 2000. Phil Rodenberg commented this request is to update the 2001 Legislative Program to include a request for construction funding in addition to design funding for the $ycolin Road/Route 7/15 Bypass Widening Project. The motion was approved by the following vote: Aye: Atwell, McDonald, Jackson, Schmidt, Zoldos and Vice-Mayor Umstattd. Nay: None Vote: 6-0-1 Boards and Commissions No items New Business Councilmember Atwell proposed a motion that only the Town Plan Amendment of the Leesburg Commons Application be voted on at the next meeting, January 23rd, and that all subsequent applications to follow at the ensuing Council meetings. Councilmember Jackson seconded the motion. Councilmember Atwell added the Land Use Element is the key to the Leesburg Commons application. Town Council Minutes for January 9, 2001 Page 8 Councilmember Zoldos stated he thinks we need to look at this application in its entirety. He will be voting against this motion. Councilmember McDonald expressed concern stating in the past we have looked at applications in their entirety. Further the public will not get the opportunity to see the entire application with the changes since leaving the Planning Commission. Vice-Mayor Umstattd expressed concern with how proffers are tied in with the rezoning. Also this applicant should not be treated any differently than other complex applications. She will be voting against this motion. The motion failed on the following vote: Aye: Atwell, Jackson Nay.' Umstattd, $chmidt, Zoldos and McDonald Vote: 2-4-1 Mr. Donnelly questioned the scheduling of the Leesburg Commons application. Councilmember Zoldos made a motion to have Leesburg Commons on the January 22nd work session with a vote scheduled on January 23rd. Councilmember $chmidt questioned whether we should schedule this item until the applicant has answered questions from staff and the mayor. Councilmember Jackson questioned whether copies of the revised application have been provided to all staff members who need to review them. Michael Tompkins stated staff did receive a copy, but it was incomplete. Mr. Tompkins commented there are some time constraints to being able to present this application at the work session on January 22nd; it may not be ample time to complete a concise report. Councilmember Zoldos recommended that we schedule a work session on the 12th of February for the entire application and a vote on 13th of February. Mr. Noe stated there have been numerous deferrals and the applicant has been given reason to believe they will be on the agenda for January 22nd. Councilmember Zoldos withdrew his motion and referred to the original motion of a January 22nd work session with a vote on January 23rd in its entirety. Councilmember McDonald seconded the original motion, however, he will be asking that we not vote on the 23rd to allow time to look over all the information provided by staff. He also asked that the applicant provide a synopsis of the changes that have taken place since the Planning Commission. Councilmember Jackson expressed concern that staff hasn't had time to look at this application. Vice-Mayor Umstattd suggested the motion be split. The staff will make a presentation of the entire project on January 22nd, Councilmember Zoldos agreed to accept this suggestion as a second to the motion. Town Council Minutes for January 9, 2001 Page 9 The motion approved as follows: Aye: Jackson, McDonald, Schmidt, Zoldos and Vice-Mayor Umstattd Nay: Atwell Vote: 5-1-1 The meeting adjourned at 9:40 p.m. /Clerk of Council Mayor