HomeMy Public PortalAbout2001_02_13COUNCIL MEETING February 13, 2001
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: 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, Chief of
Police Joe Price, and Clerk of Council Judy Ahalt.
AGENDA ITEMS
A. Invocation by Councilmember Jackson.
B. Salute to the Flag was led by Boy Scout Troop 1550.
C. Roll Call showing all present.
D. Minutes:
On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd
the minutes of the January 22, 2001 worksession and January 23, 2001 regular
meeting were approved, as amended by Councilmember Schmidt, with
Councilmember Zoldos abstaining on the January 23, 2001 minutes.
Presentations:
a. A Certificate of Appreciation was presented to Anthony Fasolo for his
dedicated service to the Leesburg Environmental Advisory Commission.
b. A Certificate of Appreciation was presented to Kathryn Kearns for her
dedicated service to the Leesburg Planning Commission.
c. The following Resolution of Respect was passed on a motion by Vice-Mayor
Umstattd and seconded by Councilmember Jackson and presented to the
family of William Washington Nickels.
RESOLUTION OF RESPECT
WHEREAS, William Washington Nickels died on February 1, 2001; and
WHEREAS, William Washington Nickels served as Mayor of Leesburg from 1953
to 1954; and
WHEREAS, during his term as mayor he worked with the town council to separate
from the duties of mayor those of chief magistrate, justice of the peace, and police chief;
and
WHEREAS, Mr. Nickels was educated at the McCallie School in Chattanooga and
at Davidson College and Duke University. He received a LL.B from the University of
Virginia. During the Second World War, he served in the U.S. Navy in the Pacific theater,
reaching the rank of lieutenant j.g.; and
Minutes for Town Council Meeting of February 13, 2001 Page 2
WHEREAS, Mr. Nickels was a past president of the Loudoun Bar Association, and
served in numerous capacities in the Waterford Foundation. He was a member of the
Kappa Alpha fraternity, served on the Board of Directors of the Loudoun Mutual Fire
Insurance Company, and was a Mason.; and
THEREFORE, RESOLVED that the Mayor and members of the Council of the
Town of Leesburg in Virginia extend their sympathy to Mr. Nickels' family and to all who
knew him; 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 his family.
PASSED this 13th day of February 2001.
F. Petitioners:
1. Dean Worester addressed Council on behalf of the Leesburg Rotary Club
reporting on the Rotary Resolution 10K Race and thanking the Town and citizens for
their support, stating the race raised over $15,000. Mr. Worester presented Council
with 10K Race sweatshirts.
2. Charles Beardsley addressed Council on behalf of the Loudoun County
High School PTSA. He thanked the Town of Leesburg for supporting their all night
graduation party. Mr. Beardsley invited Council to their major fund raiser for this
year's party, an art auction at the Leesburg Moose Lodge on Saturday, February 24th.
3. Mike Phillips addressed Council with reference to the failing septic system
at his residence on Evergreen Mill Road. Mr. Phillips stated that currently he is using
a pump and haul system. He asked the Town to approve a pumping station so the
residents of Evergreen Mill Road would have access to water and sewer.
Mayor Webb asked that this item be discussed at a future worksession.
4. Justin Haun addressed Council asking that a new movie theatre be
considered for the Town of Leesburg.
G. Public Hearing
None
H. Council Comments:
Councilmember McDonald disclosed that he had met with the applicant of
Leesburg Commons, the Peterson Company, and asked that consideration be given
to Mr. Phillip's situation.
Councilmember Zoldos disclosed that he had met with the Peterson Company
and asked for some emergency action to help Mr. Phillips.
Councilmember Atwell reiterated that consideration be given to rectify Mr.
Phillips situation.
Councilmember Jackson - no comment.
Vice-Mayor Umstattd announced that Leesburg American Legion Post 34 will
hold their Washington Day Banquet at Tuscarora Mill Restaurant. The guest speaker
Minutes for Town Council Meeting of February 13, 2001 Page 3
will be E. Prescott Engle. She thanked the Leesburg Volunteer Fire Department for
hosting the awards banquet.
Further, she and Councilmember Jackson attended a follow-up meeting with
VDOT and members of the Loudoun Board of Supervisors to explore the accelerated
funding for the Rt. 15 Trail. VDOT has provided preliminary costs for the project and
three members of the Board of Supervisors indicated a willingness to have the
county fund 60% of the cost.
Councilmember Schmidt stated legislation would be initiated later tonight to
install much needed stop signs along Meade Drive.
He stated that he would like to have an update at the next council
worksession regarding the town's obligation to provide an elementary school site.
I. I~layor's Comments:
Mayor Webb stated she has been spending a great deal of time on hospital
issues. Citizens are in Richmond today to talk with the State Health Commission
about the need for more beds. She stated the situation is critical for beds at the
emergency room.
She reported she attended the Loudoun Jewish Congregation meeting on
Wednesday and reported that they are optimistic they have found a building site on
Rt. 621.
Mayor Webb disclosed a meeting with Mark Leader regarding property on
Cardinal Park Drive and with Peter Arundel in reference to the development of the
Loudoun Times Mirror property.
J. Town t4anager's Comments
Mr. Noe introduced Nancy Kosta, new comprehensive planner in the Planning
and Zoning Department.
Mr. Noe requested a closed session at the conclusion of this meeting to
discuss the acquisition of real property.
K. Legislation:
I ORDINANCES ]
On a motion by Councilmember McDonald, seconded by Councilmember
Schmidt, the following ordinance was proposed:
2001-O-3
ORDINANCE
Approving Special Exception Application, #SE-2000-12, Star Concrete.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos and Mayor Webb
Nay: Vice-Mayor Umstattd
Vote: 6-1-0
Minutes for Town Council Meeting of February 13, 2001 Page 4
On a motion by Councilmember McDonald, seconded by Councilmember
Zoidos, the following ordinance was proposed:
200:1-O-4
ORDINANCE
Approving Town Plan Amendment TP-99-02 to remove Davis Avenue from the
Transportation Policy Map.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and
Mayor Webb
Nay: None
Vote: 7-0-0
CONSENT
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos,
the following consent items were proposed:
200:1-:14
RESOLUTION
Authorizing an agreement and approving a performance guarantee and water and
sewer extension permits for Kincaid Forest, Section 7B.
2001-15
RESOLUTION
Authorizing an agreement and waiving a performance guarantee for the County of
Loudoun Central Warehouse.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and
Mayor Webb
Nay: None
Vote: 7-0-0
REGULAR AGENDA
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Schmidt,
the following motion was proposed:
2001-16
RESOLUTION
Adoption of the Residential Traffic Management Plan prepared by the Residential
Traffic Task Force.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and
Mayor Webb
Nay: None
Vote: 7-0-0
Minutes for Town Council Meeting of February 13, 2001 Page 5
Mayor Webb commented the R-I-I-F has done an incredible job and hopefully
the report will be an action plan to help with some of Leesburg's traffic issues,
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Schmidt,
the following motion was proposed:
2001-17
RE$OLUTI'ON
Establishing a Standing Residential Traffic Management Committee.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and
Mayor Webb
Nay: None
Vote: 7-0-0
L. Boards and Commissions
None
New Business
On a motion by Councilmember Schmidt, seconded by Vice-Mayor Umstattd,
the following motion was proposed:
2001-18
RESOLUTION
Authorizing the Town Manager to install all-way stop signs on Meade Drive at
Greenway Drive, Lawford Drive and Moore Place.
WHEREAS, at the February 12, 2001 Town Council work session the Town
Council requested installation of all-way stop signs at various intersections on Meade
Drive in Greenway Farms as requested by residents; and
WHEREAS, the intersections on Meade Drive in Greenway Farms and Woodlea
Manor do not meet the warrants for all-way stop conditions in the Manual on Uniform
Traffic Control Devices (MUTCD); and
WHEREAS, the Director of Engineering and Public Works recommends that if
all-way stop signs are installed on Meade Drive, the criteria in the Traffic Task Force
Report recommend that spacing of multi-way stops should be not more frequent
than at intersections 800 to 1,000 feet apart; and
WHEREAS, all-way stop signs at the intersections of Meade Drive at Greenway
Drive, Lawford Drive and Moore Place generally meet these criteria.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
that the Town Manager is directed to have the appropriate stop signs installed on
Meade Drive at Greenway Drive, Lawford Drive and Moore Place.
Lori Ciafre, representing the residents of Greenway Farms, made a request to
include Fairfield Way because the petitions did not include the Woodlea residents.
Tom Mason stated as outlined in the task force criteria recommended streets
have crosswalks or meet the spacing requirements. Mr. Mason's added it is his
Minutes for Town Council Meeting of February 13, 2001 Page 6
recommendation for three-way stops at Greenway Drive, Lawford Drive and Moore
Place.
Councilmember Schmidt stated he is agreeable with the staff
recommendation.
Ms. Ciafare asked that Greenway residents be allowed to meet with the Town
to talk about alternative traffic calming measures for their neighborhood as they do
not believe the stop signs will alleviate the problem.
Mayor Webb stated the stop signs are only an immediate resolution; long-
term traffic issues will be more appropriately dealt with by working with the
Residential Traffic Management Committee and the engineering staff.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and
Mayor Webb.
Nay: None
Vote: 7-0-0
Phil Rodenberg updated Council on several issues before the General
Assembly.
The issue dealing with exemption or deferral of tax on property for certain
elderly or handicapped individuals has increased the income limit from $52,000 to
$60,000.
Concurrently, Senator Byrne has introduced a bill that would raise the income
limitation from $52,000 to $80,000 and financial worth limit up to $300,000. These
adjustments are maximum levels and could need to be adjusted by a local ordinance.
He asked if Council would want to continue to support to support the Black
Bill and do we want to be included in the Byrne Bill?
Mayor Webb verified that we have the ability to not be obligated to go with
the maximum levels, we can make the determination at the local levels.
Council concurred to support both bills.
Councilmember Zoldos asked that the UGA and Annexation be included on the
next workshop.
Vice-Mayor Umstattd made the following motion, seconded by Councilmember
Zoldos, to convene in a closed meeting:
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 for discussion of
possible acquisition of real property by the Town because discussion in an
open meeting would adversely affect the bargaining position and negotiating
strategy of the Town.
The motion passed on the following vote:
Minutes for Town Council Meeting of February 13, 2001 Page 7
Aye:
Nay:
Vote:
Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor
Umstattd, and Mayor Webb.
None
7-0-O
The Council adjourned from regular session at 8:15 p.m.
The Town Council convened in closed session at 8:25 p.m.
The Town Council reconvened in regular session.
Vice-Mayor Umstattd made the following motion, seconded by Councilmember
McDonald:
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 passed on the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor
Umstattd and Mayor Webb.
Nay: None
Vote: 7-0-0
The meeting adjourned at 8:45 p.m.
Mayor
Town of Leesburg
AT'I'EST:
¢~k of Council