HomeMy Public PortalAbout2001_03_27COUNCIL MEETING March 27, 2001
Council Chambers, 25 West Market Street, 7:30 p.m. Vice-Mayor Umstattd
presiding.
Councilmembers 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 Parks and Recreation Kaj Dentler, Chief of Current Planning Lee
Phillips, Chief of Comprehensive Planning Randy Hodgson, Budget Officer Mike Freda,
Andrew Russell, and Clerk of Council Judy Ahalt.
AGENDA ITEMS
A. Znvocation by Father Brooks
B. Salute to the Flag was led by Councilmember Zoldos
C. Roll Call showing Mayor Webb absent.
D. Minutes
On a motion by Councilmember Zoldos, seconded by Councilmember
McDonald, the minutes of the March 12, 2001 work session and March 13, 2001
regular meeting were approved as amended.
E. Presentations
On a motion by Councilmember McDonald, seconded by Councilmember
Jackson the following Resolution of Respect for Cindy Fields was approved:
RESOLUTION OF RESPECT
ALCTNDA "CI'NDY" CATHERTNE FIELDS
WHEREAS, Cindy Fields served as the Administrative Secretary in the Office of
Economic Development for the Town of Leesburg; and
WHEREAS, Cindy took great pride in her work as a confidential secretary for
major defense contractors, office manager for an animal hospital, and most recently as
the administrator supporting the Economic Development Commission and its
committees; and
WHEREAS, Cindy was a dedicated dog and cat enthusiast, a member of the
Potomac Valley Golden Retriever Club, and the proud owner of a Grand Premier Maine
Coon Cat; and
WHEREAS, Cindy was born Sunday October 17, 1954, in Cumberland,
Maryland; and
Town Council Minutes for March 27, 2001 Paqe 2
WHEREAS, Cindy suffered an untimely death on Thursday March 8, 2001, in
Leesburg, Virginia.
THEREFORE, RESOLVED that the Mayor and members of the Council of the
Town of Leesburg in Virginia extend their sympathy to Cindy's family and our
appreciation for her dedicated service to the Town; and
BE ]:T FURTHER RESOLVED that this Resolution of Respect is spread upon the
minutes of this meeting and that a copy is sent to her family.
PASSED this 27th day of March 2001.
South
asked
Petitioners:
Hub Turner addressed Council stating that a traffic light is critical at Rt. 15
and Woodlea Drive. With reference to the Bradfield Drive connection, he
the Town to proceed with a traffic study and not rescind the 1987 resolution.
Dawn Barrett., 204 Lawford Drive, addressed Council asking for consideration
of the special exception request by St. John's Church for expansion of classroom and
parishioner space and a cemetery expansion.
Chuck Thornton, 315 Foxridge Drive, addressed Council thanking them for
considering the option to place legal and employment advertising in other
newspapers. He reminded Council of the wide circulation area of the Loudoun Times
Mirror.
Earl Hower, 110 Plaza Street, reminded Council that the Loudoun County
Tzaak Walton League would be celebrating its 50th anniversary.
He provided a copy of the Streams and Rivers report for their review and
reported that on April 4,5, and 6th there will be a three-day workshop to discuss
ways to improve stream conditions.
G. Public Hearings
a. SE-2009-St, 3ohn the Apostle Parish
Randy Hodgson outlined this special exception application by St..lohn the
Apostle Parish to erect an addition to the existing parish, add to additional areas for
cemetery expansion, and relocate the church from the location shown on approved
permit.
Bill Atwill, attorney for the applicant, addressed Council asking that the record
reflect that all individuals present and standing were in support of this special
exception. Those present would forego speaking by showing the number of people
in support. Mr. Atwill advised that his clients are in agreement with the conditions
of this special exception.
Vice-Mayor Umstattd asked that the Clerk of Council read the names of those
individuals who had signed up to speak on this matter and who gave up their right to
speak by showing support in numbers.
Town Council Minutes for March 27, 2001 Page 3
Those individuals signed to speak were Joe Ange, Anthony Stasio, Paul
Modolo, Charlie Felix, Merle Garvis, Robert McCurdy, Pat Nolan, Jim Patania, and Jay
Morano.
The public hearing opened at 8:00 p.m.
Anthony Stasi, Catoctin Circle NE, addressed Council stating this special
exception is worthy of consideration as the church is in much need of more room.
Councilmember McDonald suggested that a 60-child limit for the daycare
center might be restrictive in the future.
The public hearing closed at 8:10 p.m.
Councilmember Zoldos made a motion, seconded by Councilmember Jackson,
to suspend the rules and vote on SE-2009 tonight.
Bill Donnelly added a resolution is not necessary, that approval can be made
in accordance with the staff report recommendations.
The motion was approved by the following vote:
Aye: McDonald, Zoldos, Atwell, Jackson, Schmidt, and Vice-Mayor Umstattd.
Nay: None
Vote: 6-0-1
Councilmember Zoldos made a motion, seconded by Councilmember Jackson,
to approve SE-2009 subject to the Planning Commission conditions and as amended
by staff. He added this application meets the general review criteria for a church
and preschool.
The motion was approved by the following vote:
Aye: McDonald, Zoldos, Atwell, Jackson, Schmidt, and Vice-Mayor Umstattd.
Nay: None
Vote: 6-0-:L
Father Brooks thanked the Town Council for their favorable consideration of
this application.
H. Council Comments:
Councilmember McDonald advised it appears Loudoun County will not support
a trail crossing at Dry Mill Road to connect to Chancellor Street. He asked staff to
confirm this with the County. He further suggested that monies slated for a study at
Chancellor Street be transferred to the cost of a traffic light at Country Club Drive.
Councilmember Zoldos commented on Environmental Workshop on April 5,6,
and 7 at the Rust Sanctuary and the Olde Tzaak Walton League Park. He reminded
citizens to come out and support the Leesburg Flower and Garden Show on April 2:~
and 22nd .
Councilmember Atwell asked for an update on the status is of the S. King
Street improvements and a schedule for the Catoctin Circle improvements.
.... Councilmember Jackson thanked Mr. Noe for the new people he has hired.
Town Council Minutes for March 27, 2001 Page 4
Councilmember Schmidt expressed sympathy to the Cindy Fields family. He
reminded citizens how important the budget hearing is and suggested submitting
comments by e-mail if they cannot attend. Councilmember Schmidt stated he
would be suggesting that the Rt. 621 Park and Chancellor Street trail be part of this
budget.
Vice-Mayor Umstattd wished Mayor Webb a speedy recovery. The Vice-Mayor
advised Council would be going into a closed session to discuss legal maters. Also,
under other business the Fife and Drum Corp request for a fee waiver and the office
space task force resolution will be discussed.
Mayor's Comments:
Mayor Webb was absent.
3. Hana§er's Report:
Bob Noe confirmed the Leesburg population from the census bureau to be
28,000. Mr. Noe commended Paul York, Mike Freda, and Andrew Russell for
receiving for the 14th consecutive year the GFOA Certificate of Performance for
Distinguished Budget Presentation.
He reported that a meeting would take place at Simpson Middle School
tomorrow night to discuss the Rt. 621 sewer issues.
K. Legislation:
Ordinances
There were no ordinances.
Consent Agenda
On a motion by Councilmember Schmidt, seconded by Councilmember
Zoldos, the following consent items were proposed:
2001-36
RESOLUTION
Authorizing an agreement and approving water and sewer extension permits and
waiving a performance guarantee for the Heritage High School.
2001-37
RESOLUTION
Finding that competitive sealed bidding is neither practicable or fiscally advantageous
to the public for procurement of certain newspaper advertising services and directing
that such services be procured by competitive negotiation.
2001-38
RESOLUTION
Supporting the Thomas Balch Library's application for a National Preservation Award
for 2001.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd and Zoldos.
Town Council Minutes for IVlarch 27, 2001 Paqe 5
Nay: None
Vote: 6-0-1
REGULAR AGENDA
RE$OLUT:ION
Accelerating the Bradfield Drive connection.
This item was deferred to a future Council meeting.
On a motion by Councilmember Atwell, seconded by Councilmember Zoldos,
the following motion was proposed:
2001-39
RESOLUTION
Adopting a policy for placing overhead utility lines underground on certain streets in
Leesburg.
Councilmember Zoldos suggested deleting Catoctin Circle as a street to have
utilities placed underground.
Councilmember McDonald suggested a friendly amendment to delete "and
Catoctin Circle" from subsection 1 of the resolution. Councilmember $chmidt
seconded the amendment.
The amendment was approved by the following vote:
Aye: McDonald, Zoldos, Atwell, Jackson, Schmidt, and Vice-Mayor Umstattd.
Nay: None
Vote: 6-0-1
The motion to adopt a policy for placing overhead utility lines underground on
certain streets was approved by the following vote:
Aye: McDonald, Zoldos, Atwell, Jackson, Schmidt, and Vice-Mayor Umstattd.
On a motion by Councilmember Zoldos, seconded by Councilmember
$chmidt, the following motion was proposed:
2001-40
RESOLUT]:ON
Awarding contracts for construction management services for capital projects to
Alpha Corporation and Buchart-Horn, Tnc.
The motion was adopted by the following vote:
Aye: McDonald, Zoldos, Atwell, Jackson, $chmidt, and Vice-Mayor Umstattd
Nay: None
Vote: 6-0-1
On a motion by Councilmember McDonald, seconded by Councilmember
Jackson, the following motion was proposed:
Town Council Minutes for March 27, 2001 Page 6
200~.-4::L
RE$OLUT:]:ON
Authorizing the Town Manger to execute a contract with K. W. Poore & Associates for
the Urban Growth Area Annexation Study in the amount not to exceed $155,222.
Councilmember Atwell suggested amending this resolution to appoint a
Councilmanic representative to serve with the consultant and staff during this
process because of the importance of this issue to the Town.
Councilmember Jackson seconded the motion and nominated Councilmember
Zoldos to serve as the Council representative. Councilmember Atwell accepted
Councilmember Jackson's nomination as a friendly amendment.
The motion to amend the resolution was approved as follows:
Aye'- McDonald, Zoldos, Atwell, Jackson, Schmidt, and Vice-Mayor Umstattd.
Nay: None
Vote: 6-0-1
Councilmember Atwell added this is a responsible step to take before
annexation.
The motion to adopt the amended resolution was approved as follows:
Aye: McDonald, Zoldos, Atwell, Jackson, Schmidt, and Vice-Mayor Umstattd
Nay: None
Vote: 6-0-1
On a motion by Councilmember Zoldos, seconded by Vice-Mayor Umstattd,
the following motion was proposed:
RE$OLUT]:ON
Adopting a special events permit policy
Councilmember Atwell made a motion to table this motion. Councilmember
Jackson seconded the motion.
The motion to table was approved as follows:
Aye: McDonald, Zoldos, Atwell, Jackson, Schmidt, and Vice-Mayor Umstattd.
Nay: None
Vote: 6-0-1
On a motion by Councilmember McDonald, seconded by Councilmember
$chmidt, the following motion was proposed:
2001-42
RE$OLIST:I:ON
Award of contract to North Area Development-Ph. !! at Leesburg Executive Airport to
Tyree Organization in the amount of $1,967,284.13.
Councilmember McDonald verified $1,133,821.47 is from town funds; the
remainder is grant funded.
Councilmember Zoldos clarified this project includes a 6-unit executive hangar
and 12 T-hangers.
Town Council Minutes for March 27, 2001 Paqe 7
Councilmember Atwell verified that the bonds have been sold for this project.
The motion was adopted by the following vote:
Aye.' McDonald, Zoldos, Atwell, Jackson, Schmidt, and Vice-Mayor Umstattd.
Nay: None
Vote: 6-0-1
L. BOARDS AND
Councilmember McDonald stated he would be making a recommendation for
an appointment to the Planning Commission at the next meeting.
M. NEW BUSINESS
Vice-Mayor Umstattd stated two resolutions have been prepared in reference
to the request by the Loudoun Border Guards Fife and Drum Corps 2001 Parade and
Muster.
One to waive the fees associated with this event and another to authorize a
contribution in the amount of $3,000 from the economic development contractual
services account.
On a motion by Councilmember McDonald, seconded by Councilmember
Jackson the following motion was proposed:
2001-43
RESOLUT:]:ON
Authorizing a contribution in the amount of $3,000 from the Economic Development
contractual services account to help sponsor the Loudoun Border Guards Fife and
Drum Corps 2001 Parade and Muster.
The motion was adopted by the following vote:
Aye: McDonald, Zoldos, Atwell, Jackson, Schmidt, and Vice-Mayor Umstattd,
Nay: None
Vote: 6-0-I
On a motion by Councilmember Zoldos, seconded by Councilmember
McDonald, the following motion was proposed:
2001-44
RESOLUTe'ON
Urging the Loudoun County Board of Supervisors to adopt the findings of the
Facilities and Office Space Task Force.
Councilmember Atwell commented Loudoun County has committed to keep
the core of the central government offices in downtown Leesburg.
The motion was adopted by the following vote:
Aye: McDonald, Zoldos, Atwell, Jackson, Schmidt, and Vice-Mayor Umstattd
Nay: None
Vote: 6-0-1
The Town Council adjourned from regular session at 8:57 P.M.
Town Council Minutes for March 27, 2001 Page 8
Vice-Mayor Umstattd advised that Council would not be reconvening into open
session after the closed session tonight.
Vice-Mayor Umstattd made the following motion, seconded by Councilmember
Jackson:
Pursuant to Section 2.1-344(A)(7) of the Code of Virginia, I move that the
Leesburg Town Council convene in a closed meeting for discussion of a legal matter.
The motion passed on the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos and Vice-Mayor Umstattd.
Nay: None
Vote: 6-0-1
Following the closed session the following motion was made by Vice-Mayor
Umstattd and seconded by Councilmember Zoldos:
In accordance with Section 2.1-344.1 of the Code of Virginia, T 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 and Vice-Mayor Umstattd.
Nay: None
Vote: 6-0-1
B.J. bb, Mayor
Town of Leesburg
A-I-FEST:
lerk of Council