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