HomeMy Public PortalAbout2001_04_24COUNCIL MEETING April 24, 2001
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding.
Councilmembers Present: Mervin Jackson, Leonard McDonald, David Schmidt,
Kristen Umstattd, Robert Zoldos, and Mayor Webb.
Councilmembers Absent: George Atwell
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 Finance Paul York, Deputy Town Manager for Economic
Development John Henry King, Personnel Director Nancy Fixx, Chief of Current
Planning Lee Phillips, Chief of Comprehensive Planning Randy Hodgson, Budget
Officer Mike Freda, Planner Nancy Costa, and Clerk of Council Judy Ahalt.
AGENDA ITEMS
A. Invocation by Candace Brinkley.
B. Boy Scout Troop 969 led Salute to the Flag.
C. Roll Call showing George Atwell absent.
D. Minutes
On a motion by Councilmember Zoldos, seconded by Councilmember
McDonald the minutes of the March 27, 2001 and April 9, 200:1 meeting were
approved as amended.
E. Presentations
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos.
the following Resolution of Respect for Reginald Gheen was approved.
RESOLUTION OF RESPECT
REGT~NALD KENNETH GHEEN
WHEREAS, Reginald Kenneth Gheen, a life-long Loudoun resident and civic
leader, died on April 8, 200:[; and ·
WHEREAS, Reginald Kenneth Gheen served on the Leesburg Town Council
from 1954 to 1957 and on the Leesburg Planning Commission from 1986 to :[990; and
WHEREAS, Mr. Gheen was a past member and served as chairman of the
Loudoun County Sanitation Authority; and
WHEREAS, Mr. Gheen was a graduate of Lucketts High School and served in
the U.S. Army's 3rd Armor Division in World War [[; and
Town Council Minutes for April 24, 2001 Paqe :2
WHEREAS, Mr. Gheen was a past president of the Loudoun National Bank of
Leesburg, and was a long time leader of the Boy Scouts and his dedication was
recognized when he was honored with the Silver Beaver Award.
THEREFORE, RESOLVED that the Mayor and members of the Council of the
Town of Leesburg in Virginia extend their sympathy to Mr. Gheen's family and to all
who knew him; and
BE IT FURTHER RESOLVED that this Resolution of Respect is spread upon the
minutes of this meeting and that a copy be sent to his family.
PASSED this 24th day of April 2001.
Mayor Webb presented a Certificate of Appreciation to Boy Scout Troop
969 for their efforts in cleaning the grounds of the Tsaac Walton Park.
On a motion by Councilmember Zoldos, seconded by Councilmember
McDonald the following proclamation was approved.
PROCLAMATTON
NATZONAL DAY OF PRAYER
WHEREAS, the annual National Day of Prayer is held on the first Thursday of
May; and
WHEREAS, on Thursday, May 3, 2001, people in towns and cities across
America will be observing the 50th anniversary of the annual National Day of Prayer;
and
WHEREAS, citizens will join together to pray for our national, state and
community leaders; and
WHEREAS, this year's theme "One Nation Under God" will be highlighted by
reading of scripture and historical quotes from past leaders of our nation; and
WHEREAS, this year's program will be held Thursday, May 3, 2001 in the
Loudoun County Board of Supervisors board chambers from noon to 1:00 p.m.
THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia
hereby proclaim May 3, 2001 as The National Day of Prayer and urge all town
citizens to participate in this ceremony.
PASSED this 24th day of April 2001.
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos,
the following proclamation was approved. LaMott Smith and James Wynn were
present from the Economic Development Commission to accept this proclamation.
Town Council Minutes for April 24, 2001 Page 3
BUSZNESS APPRECI'ATTON WEEK 2001
WHEREAS, the Town of Leesburg is pleased to have a thriving base of
business and industry to support the local economy; and
WHEREAS, these businesses provide essential employment opportunities for
the citizens of Leesburg; and
WHEREAS, these businesses provide local revenues from which the entire
local citizenry benefit; and
WHEREAS, these businesses also make significant contributions in our
communities to promote educational opportunities for our children and promote a
variety of activities which increase the quality of life of the area; and
WHEREAS, we recognize and appreciate these businesses;
THEREFORE, RESOLVED that the Mayor and members of the Council of the
Town of Leesburg hereby recognize our existing businesses, and by virtue of this
proclamation give notice to the citizens that the businesses of Leesburg are "Setting
the Prosperity Standard."
BE ]:T FURTHER RESOLVED, that the week of May 13-19, 2001 is hereby
proclaimed Business Appreciation Week in Leesburg.
PASSED this 24th day of April 2001.
F. Petitioners
Fran Sborz, 306 Whitehorse Court, presented a petition in opposition a
proposed bike trail to connect Tda Lee Park to the W&OD Trail. The concern is with
the length from West Market Street to Foxridge Park.
John Elqin, 208 Plaza Street, addressed Council on behalf of the children of
Leesburg and the Parks and Recreation Advisory Commission in appreciation of their
support of the Rt. 621 Park.
Walter McCIoud, 915 Catoctin Circle NE, representing the Central Loudoun
Little League thanked Council for their support of the Rt. 621 park.
.lay Brawley, Franklin Court, addressed Council thanking them for their
support of the 62:[ park funding.
Gm
Public Hearing
This public hearing opened at 8:53 p.m.
a. Special ExcePtion -SE-2001-02 - Loudoun Country Day School
Mayor Webb advised she is a member of the Board of Directors for
Loudoun Country Day School and would recuse from discussion on this
application.
Planner Nancy Costa outlined this application and the current changes.
Town Council Minutes for April 24, 2001 Page 4
The changes were the removal of the gymnasium from the plan and the
relocation of classroom #1 and #2 further away from adjoining residences.
Also traffic circulation has been put on the plan and parking tabulations
corrected.
She outlined the major concerns with this application as being noise from
the air-conditioning units and visual impact on adjoining residents.
She further added that staff has recommended a condition to relocate the
air-conditioning units to the ground and fencing. She also advised that
classrooms without roof units would cause a delay in their delivery.
Councilmember Jackson discussed noise concerns and suggested further
landscaping.
Councilmember Schmidt verified these trailers would be placed on a
permanent fixture and meet BOCA code requirements.
Vice-Mayor Umstattd verified the parking lot would be paved and that
staff is recommending approval subject to eight conditions.
Councilmember Schmidt stated he would like to review the noise
ordinance and its enforcement.
Ms. Costa verified that existing screening at the site meets ordinance
requirements.
Randy Hollister with Loudoun Country Day School addressed Council. He
gave a brief overview of the history of the school and their need to have
additional classrooms. He added they have followed all of the Town's
requirements and the Planning Commission has recommended approval
subject to certain conditions.
Mr. Hollister stated moving the air-conditioning units to the ground would
be a major obstacle to their development plans. He asked Council to please
not delay a vote on this application as they are on a tight schedule.
The public hearing opened at 8:50 p.m.
Peter Chopivsky, 306 W. Market Street, addressed Council and discussed
the merits of the Loudoun Country Day School programs.
3ohn French, 310 Locust Knoll Drive, addressed Council with concerns of
the direct impact these trailers will have on their neighborhood. He added
they were not notified of the school's plans at the Planning Commission level.
Further, the proposed screening is not sufficient to protect the neighborhood.
Ann Doss, 312 Locust Knoll Drive, addressed Council with noise concerns
and provided photos that showed the lack of screening currently on the site.
She asked that action on this application be delayed to allow more time to
analyze the facts.
Town Council Minutes for April 24, 2001 Paqe 5
Mitch Barney, 314 Locust Knoll Drive, addressed Council asking that noise
issues be considered in this application.
Melinda Kramer, 304 Locust Knoll Drive, addressed Council. She was
concerned that when the school leaves the premises in 3 years the trailers
will remain. Further the school has not been responsive to prior air-
conditioning noise issues and the screening is inadequate.
Michael Glennon, 313 Locust Knoll Drive, addressed Council stating there
are too many unknowns with this application.
Russ Malone, Riding Trail Court, addressed Council stating the school has
been a good neighbor in the past, but he would like to see a delay until more
information can be gathered.
Eleanor Fall, an instructor at the school, addressed Council in support of
this special exception application.
Amy Warner, LCDS teacher, addressed Council in support of the special
exception application.
Pam Larimer, employee of LCDS, addressed Council stating the school
provides a needed alternative to crowded public schools and asked for
consideration of this special exception.
Odqa Vess, teacher at LCDS, addressed Council in support of this
application.
Tim Beauchemin, 542 Breckenridge Square, addressed Council and
discussed the school's relationship to the Leesburg community.
Christie Adams, teacher and parent of LCD$, addressed Council and asked
that their need for growth be considered.
Laura Stroup, Clatterbuck Lane, addressed Council and asked that the
school and community work together to resolve the issues.
Delmara Bayliss-Segal, addressed Council expressing concern with the
statement made that the neighbors will suffer greatly because of these
additional classrooms. She reminded Council their decision would affect the
future of the school and requested they not be treated differently than the
public school system.
Patrick Huqe', a member of the LCDS Board of Trustees, addressed
Council concerning the process and lack of notification given to the
surrounding property owners. He added they have met or exceeded the
regulations. Mr. Huge urged Council to take action on this application as
soon as possible.
Kim Martino, employee of LCDS, addressed Council in support of this
special exception application, She pointed out this private school saves the
town citizens taxpayer money, She added the school is in compliance with
Town Council Minutes for April 24, 2001 Page 6
the parking requirements and the developer of Old Waterford Knoll removed
some of the screening in question.
Steve Ramp, parent of LCDS student, addressed Council in support of this
special exception application. He added the school would not accept a noisy
building.
Bill Atwill addressed Council in support of this application. He asked for
reasonable government support. He stated the LCDS has adhered to the
process, and if not acted upon promptly it will have considerable cost
implications on the school.
Victoria Fanning, Old Waterford Knoll resident, addressed Council asking
for a delay on this special exception vote to allow time to determine the
impact of this application on the neighborhood. She cited concerns with
traffic parking in the residential neighborhood.
Dinah Blackman, Old Waterford Knoll resident, addressed Council with
traffic concerns. She asked that a vote be delayed to allow further review of
this application.
Scott Bessette, 348 Lake View Knoll, addressed Council asking for a delay
of this project. He expressed concerns with the rapid nature of this project,
for further exploration of this project, and its impact on the neighborhood.
Meredith French, 310 Locust Knoll Drive, addressed Council stating the
classrooms will not be aesthetically pleasing. She asked for consideration of a
permanent structure on the site and more time to consider the issues.
Mary Ann Glennon, 3:~3 Locust Knoll Drive, addressed Council in
opposition to this special exception application. She cited screening issues
and inadequate notification to the citizens.
Frank Lamagra, 308 Locust Knoll Drive, addressed Council in opposition to
this application. He referenced noise and screening and traffic concerns.
Further, he asked that a vote be delayed.
Jack Brown, 316 Locust Knoll Drive, addressed Council in support of the
issues outlined by the other homeowners.
Brad Brown, member of LCDS trustees, addressed Council in support of
this application. He stated the school has followed the town requirements for
these classroom trailers.
Fred Schafield., parent of LCDS student, addressed Council asking for
approval of this application. He added air-conditioning units should not be an
issue and any delay of this project will endanger the project.
Rick Ross addressed Council in support of this special exception
application.
Town Council Minutes for April 24, 2001 Page ?
Diane Perry, 321 Lake View Way, addressed Council with concerns for
screening and traffic safety. She stated there are no lights or crosswalks at
the school. Further, she asked for a delayed vote on this application.
Rand Kramer, 304 Locust Knoll Drive, addressed Council asking for a
delay in this special exception application to allow more time to review the
issues.
Rick Knight, 202 Fairview Street, addressed Council asking that this
special exception not be approved until the Town takes the responsibility for
the road improvements on Fairview Street.
.lulie Chapin, 16 Cornwall Street, addressed Council in support of this
application in a timely manner.
Bob Sedian, LCDS parent, addressed Council stating the school has
adhered to the regulations and for support of this application.
Bob Noe, Town Manager, suggested adhering to the process Council has
established and consideration of this application again on May 8th'
Vice-Mayor Umstattd asked for a consensus from Council on when to take
action on this application.
It was discussed that the community and school should meet to address
the issues.
Councilmember Schmidt commented that in the future citizens should be
involved earlier in the land development process. Further, that consideration
be given to making changes with the process.
The public hearing closed at 10:30 p.m.
Councilmember Zoldos made a motion, seconded by Councilmember
McDonald, to delay a vote on this application until May 8th.
The motion passed on the following vote:
Aye: .lackson, McDonald, Zoldos, Schmidt, and Vice-Mayor Umstattd
Nay: None
Vote: 5-0-1-1
b. Windsor at Fieldstone
Bill Donnelly stated this is a public hearing on a bond refinancing for
Windsor at Fieldstone. The Suffolk Redevelopment and Housing Authority
issued the bonds for the initial construction of the project. The new owner is
refinancing and the bonds must be approved in the locality where the
property is located. He emphasized that approval of the bonds does not
constitute indebtedness to the Town in any way. Mr. Donnelly recommended
a vote on this request tonight.
The public hearing opened at 10:45 p.m.
Town Council Minutes for April 24, 2001 Paqe $
Steve Johnson, counsel for the applicant, addressed Council. He stated
they are seeking permission to issue refunding bonds in order to extend the
existing bond issue as part of a Federal tax law requirement.
Councilmember Zoldos verified that 20% of the units are designated as
moderate-income units.
The public hearing closed at 10:50 p.m.
It was the consensus of Council to vote on this issue as a new business
item.
c. Proposed Real Property Tax Zncrease
Mike Freda stated the proposed tax rate is .22 cents.
The public hearing opened at 10:55 p.m.
There were no speakers on this issue.
The public hearing closed at 10:56 p.m.
H. Councilmember Comments
Councilmember McDonald had no comments.
Councilmember Zoldos thanked staff for their hard work on the Flower and
Garden Show.
Councilmember ~lackson had no comments.
Vice-Mayor Umstattd asked staff to provide a certificate of appreciation for
Irene Bobich for her service on the Balch Library Commission to the next meeting.
Councilmember $chmidt thanked Council for their support of the Rt. 621 Park.
· r. Mayor's Comments:
Mayor Webb asked staff to identify a surplus vehicle that could be made
available to the Leesburg Volunteer Rescue Squad.
Councilmember Zoldos made a motion, seconded by Councilmember
McDonald, to direct the Town Manager to make available to the Leesburg Volunteer
Rescue Squad a vehicle that has been determined to be surplus. The motion was
adopted on a 6-0-! vote.
Mayor Webb commented the FCC has advised the County Attorney they may
be able to hold a local public hearing on the Tractebel application if so requested.
Councilmember McDonald made a motion, seconded by Vice-Mayor Umstattd,
to forward a letter to the Federal Communications Commission requesting a local
hearing on the Tractebel application. The motion was adopted on a 6-0-! vote.
Mayor Webb advised that she is asking Congressman Frank Wolf for
assistance with the overcrowded post office situation.
Town Council Minutes for April 24, 2001 Page 9
Mayor Webb advised there would be a brief closed session following this
meeting.
.1. Town Manager Comments:
Bob Noe advised Council that he has appointed Doug McNeeley as Airport
Director effective May 3rd. Mr. McNeeley has been airport director in Montgomery
County since 1986.
K. Legislation
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos,
the following motion was proposed:
2001-O-5
ORD]:NANCE
Approving rezoning application - ZM-2000-06 Richlynn Proffer Amendment.
The motion was adopted by the following vote:
Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and
Mayor Webb
Nay: None
Vote: 6-0-:1
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson,
the following consent motion was proposed:
2001-52
RESOLUT]:ON
Approving a substitute performance guarantee for Leesburg Airpark Lot D.
2001-53
RESOLUT?ON
Accepting public improvements, releasing the performance guarantees and
approving a maintenance guarantee for public improvements at the River Creek
Goose Creek Pump Station.
The motion was adopted by the following vote:
Aye: ~lackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and
Mayor Webb
Nay: None
Vote: 6-0-:1
On a motion by Councilmember Jackson, seconded by Councilmember Zoldos,
the following motion was proposed:
2001-54
RESOLUT]:ON
Adopting the budget, General Fund in the amount of $30,074,286, Utility fund in the
amount of $:19,645,387, Airport Fund in the amount of $4,292,837, and Capital
Projects Fund in the amount of $9,9:19,500, setting the tax rate, and making
appropriations for the fiscal year ending June 30, 2002.
Town Council Minutes for April 24, 2001 Page 10
Councilmember McDonald verified this budget would represent approximately
an 181/2-cent debt service.
Vice-Mayor Umstattd stated she is pleased to support a budget that holds
both the real estate and property tax rate at their current levels.
Councilmember Schmidt acknowledged the debt issues, but stated we are
making a tremendous investment in our children.
Councilmember Zoldos thanked staff for their budget preparation.
Mayor Webb stated that follow-up legislation would be coming forward to deal
with parking rates, fines, and senior citizens on fixed incomes.
The motion was adopted by the following vote:
Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and
Mayor Webb.
Nay: None
Vote: 6-0-1
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson,
the following motion was proposed:
200:[-55
RESOLUTION
Awarding a street maintenance contract for milling and resurfacing to Francis O. Day
Co., Inc.
Mayor Webb asked if the asphalt costs have increased because of the increase
of petroleum?
Tom Mason stated the increase is approximately 15%.
The motion was adopted by the following vote:
Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and
Mayor Webb
Nay: None
Vote: 6-0-1
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson,
the following motion was proposed:
2001-56
RESOLUTION
Receiving the final draft of the Hendricks & Associates Pay and Classification Study.
Mayor Webb urged staff to handle pay inequities as soon as possible.
The motion was adopted by the following vote:
Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and
Mayor Webb
Nay: None
Vote: 6-0-1
Town Council Minutes for April 24, 2001 Page
On a motion by Vice-Mayor Umstattd, seconded by Councilmember .lackson,
the following motion was proposed:
2001-57
RESOLUTTON
Initiating amendments to the zoning ordinance to reference the latest FEMA
floodplain maps in the F-1 and FHD Districts.
The motion was adopted by the following vote:
Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and
Mayor Webb
Nay: None
Vote: 6-0-1
Boards and Commissions
New Business
On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald,
the following motion was proposed:
2001-58
RESOLUT]:ON
Recommending bond financing for Windsor at Fieldstone.
The motion was adopted by the following vote:
Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and
Mayor Webb
Nay: None
Vote: 6-0-1
In reference to the Loudoun Country Day School public hearing,
Councilmember Zoldos requested that a staff member act as liaison to ensure that
the two groups meet to reach an agreement.
Mayor Webb commented that she could not discuss this issue.
Vice-Mayor Umstattd added that staff could offer, however, it is not required.
Mayor Webb asked that the special exception process be amended to include
a public hearing at the Planning Commission level.
Councilmember Zoldos suggested consideration be given to establishing a
citizen's task force that would enhance the Planning Commissions ability to ensure
that the public is notified.
The Town Council adjourned at 11:10 p.m. on the following motion by
Councilmember Jackson, seconded by Vice-Mayor Umstattd, to convene in a closed
session.
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 the possible
Town Council Minutes for April 24, 2001 Paqe 12
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 was adopted by the following vote:
Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and
Mayor Webb
Nay: None
Vote: 6-0-1(Atwell)
Following the closed meeting the following motion was made by Vice-Mayor
Umstattd, 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 was adopted by the following vote:
Aye: .lackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and
Mayor Webb
Nay: None
Vote: 6-0-1(Atwell)
Mayor
Town of Leesburg
A-I-I'EST:
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