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HomeMy Public PortalAbout2001_05_08COUNCIL MEETING May 8, 2001 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding. Coun¢ilmembers Present: George Atwell, Mervin ]ackson, 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, Chief of Police Joe Price, Director of Utilities Randy Shoemaker, Airport Director Doug McNeeley, Chief of Capital Projects Nagi Elseswaissi, Tourism Coordinator Marantha Edwards, Planner Kristie Lalire, and Clerk of Council Judy Ahalt. AGENDA ITEMS A, :Invocation by Councilmember Zoldos. B. Salute to the Flag was led by Mayor Webb. C. Roll Call showing all members present. D. I~linutes On a motion by Councilmember Schmidt, seconded by Councilmember Jackson, the minutes of the April 10, 2001 and April 23, 2001 worksession were approved, with Councilmember Atwell abstaining from voting on the April 23, 2001 minutes. E. Presentations: a. On a motion by Councilmember Jackson, seconded by Councilmember Atwell the following Resolution of Respect for George M. Martin was approved. RESOLUTZON OF RESPECT GEORGE t4CCUE MARTIN WHEREAS, George McCue Martin died on April 29, 2001; and WHEREAS, George McCue Martin served as Leesburg Town Attorney from 1954 until his retirement, and Purcellville's Town Attorney from 1962 to 1992; and WHEREAS, Mr. Martin carried years of institutional knowledge and historical background about the town, county and its people; and WHEREAS, Mr. Martin was a graduate of the University of Virginia Law School and a member of the Virginia State Bar Association since 1939; and WHEREAS, Mr. Martin was a senior member of the Loudoun Bar and a recognized expert on municipal law in Virginia; and Town Council Minutes for May 8, 2001 Page WHEREAS, Mr. Martin was a past member of the Rotary Club and charter member of the Leesburg Host Lions Club. THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy to Mr. Martin's family and to all who knew him; 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 his family. PASSED this 8th day of May 2001. b. On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, a Certificate of Appreciation was presented for Trene W. Bobich for her dedicated service to the Town of Leesburg on the Balch Library Advisory Commission. c. On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos, the following proclamation was approved. PROCLAMATZON PEACE OFFTCERS MEF,IORTAL DAY MAY 15, 2001 WHEREAS, the Congress and the President of the United States have designated May 15, 200! as Peace Officers Memorial Day, and the week in which May 15, 2001 falls as National Police Week; and WHEREAS, the members of the Leesburg Police Department play an essential role in safeguarding the rights and freedoms of the Town of Leesburg; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the men and women of the Leesburg Police Department unceasingly provide a vital public service; THEREFORE, the Mayor and Council of the Town of Leesburg, call upon all citizens of Leesburg and upon all patriotic, civic and educational organizations to observe the week of May 13 through 19, 2001, as Police Week with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. FURTHER, RESOLVED, the Mayor and Council call upon all citizens of Leesburg to observe the May 15, 2001, as Peace Officers Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made Town Council Minutes for May 8, 2001 Paqe 3 the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. PASSED this 8t__~h day of May 2001. d. On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos, the following proclamation was approved. PROCLAMATZON HZSTORZC PRESERVATZON WEEK MAY 13-19, 2001 WHEREAS, educating Leesburg's citizens about their heritage will foster greater appreciation for the importance of the past; and WHEREAS, historic buildings and places connect us with that history, providing unique character to the town that enhances quality of life, economic development, education, and tourism; and WHEREAS, historic preservation, because it helps instill a sense of community, is relevant for Leesburg's citizens of all ages, all walks of life, and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals who preserve the tangible aspects of the heritage that shape us as citizens of Leesburg and Virginia; and WHEREAS, "Restore, Renew, Rediscover" is the theme for National Preservation Week 2001, cosponsored by the Town of Leesburg, the Commonwealth of Virginia and the National Trust for Historic Preservation. THEREFORE, the Mayor and Council of the Town of Leesburg hereby proclaim May 13-19, 2001, as Historic Preservation Week, and call upon the people of Leesburg to join their fellow citizens in recognizing and participating in this special observance. PASSED, this 8th day of May 2001. e. On a motion by Councilmember Zoldos, seconded by Councilmember Jackson, the following proclamation was approved. PROCLAMATZON BETTER SPEECH AND HEARZNG MONTH WHEREAS, we are pleased to join with Blue Ridge Speech and Hearing Center and all citizens of Leesburg, Virginia in celebrating May as Better Speech and Hearing Month, and salute the audiologists and speech-language pathologists who work tirelessly to bring better hearing and speech to the one in 10 families in Leesburg who are affected by communication disorders. Town Council Minutes for May 8, 2001 Page 4 WHEREAS, during this annual observance we should focus our attention on the needs of our citizens who have some form of hearing, speech, or language impairment and ensure that everyone has access to the treatment that helps people with communication disorders lead active, fulfilling, and productive lives, WHEREAS, we encourage the efforts of the audiologists and speech- language pathologists of Blue Ridge Speech and Hearing Center, who work together to promote better hearing and speech for all citizens of Leesburg. Together, these professionals are helping thousands of grateful citizens of Leesburg to achieve their full communication potential. THEREFORE, the Mayor and Council of the Town of Leesburg hereby proclaim May as official Better Speech and Hearing Month, and call upon the citizens of Leesburg to join their fellow citizens in recognizing and promoting better hearing and speech for all citizens. PASSED this 8th day of May 2001. f. On a motion by Councilmember Jackson, seconded by Councilmember Schmidt, the following proclamation was approved. PROCLAf4ATZON National Tourism Week WHEREAS, the travel and tourism industry supports the vital interests of Leesburg, Virginia and the United States, contributing to our employment, economic prosperity, international trade and relations, peace, understanding and goodwill; and WHEREAS, travel and tourism ranks as one of Leesburg's largest industries in terms of revenues generated; and WHEREAS, travelers visiting Leesburg contribute more than $7 million in direct benefit to the Town through visitor spending, motor coach travelers, meetings and events; and WHEREAS, travel and tourism produced a payroll of over $362 million in 1999 in Loudoun County, and WHEREAS, people throughout the world become more aware of the outstanding cultural and recreational resources available in Leesburg and the United States, travel and tourism will become an increasingly important aspect in the lives of our citizens; and WHEREAS, given these laudable contributions to the economic, social and cultural well being of Leesburg, it is fitting that we recognize the importance of travel and tourism; THEREFORE, the Mayor and Council of the Town of Leesburg hereby proclaim the week of May 6-12, 2001, as National Tourism Week, and call upon the people of Leesburg to observe this week with appropriate ceremonies and activities. Town Council Minutes for May 8, 2001 Page FURTHER~ that Leesburg Citizens are encouraged to wear red on National Tourism Day, Wednesday, May 9th 2001. PASSED, this 8th day of May 2001. g. Arthur Richmond with Loudoun Museum presented a Map of Historic Leesburg and Loudoun County to Council. The map illustrated 33 sites in the Virginia Historic Landmark Registry or on the National Register of Historic Places. Six sites on the map represented the town. h. Mayor Webb and Board of Architectural Review members, Terri Minchew, Connie Fletcher, Richard Forbes, and Maryanne Naber presented architectural awards to the following: (1) Mr. Thomas Toth, SBE & Associates Ltd, Chamberlain Construction, for new construction in the H-2 Corridor District for the buildings at 606 and 608 S. King Street in the Waverly Park Development. (2) The Town of Leesburg, The Thomas Balch Library Commission, The Friends of Thomas Balch Library, and Bowie Gridley Architects for the restoration of the historic structure and construction of a compatible addition to the Thomas Balch Library. (3) Nick Longworth for new construction at 109 Liberty Street, NW in the Old and Historic District. (4) Taylor McKenzie, Tnc. for rehabilitation and adaptive reuse of the Former Baptist Church at 7 Wirt Street SW. (5) The Virginia Conference Historic Society of the United Methodist Church for landscaping and the installation of an antique fence enclosing the Methodist Cemetery at 106 Cornwall Street NW. Petitioners: Joyce Dwyer, resident of Normandy Village, addressed Council in opposition to the proposed bike path through her neighborhood. She cited concerns with the criminal element that would come with a bike path and suggested the monies be spent for additional improvements on Pershing Avenue or police officers. Mike Wiley, 20 Fairview Street, addressed Council in opposition to the proposed bike trail through his neighborhood and presented a petition with 190 signatures. He expressed concern to keep citizens more informed of proposed trails and improvements. Todd Broward addressed Council in opposition to the proposed bike trail along Catoctin Circle in the Parkview Estates neighborhood. Jennifer Christie, with Blue Ridge Speech and Hearing Center, addressed Council thanking them for their support for Speech and Hearing Month. Robert Ferraro, 297 Whitehorse Court, addressed Council with concerns for a trail extension along Catoctin Circle in the Parkview Estates neighborhood. He suggested that a trail on Catoctin Circle be placed on the eastern side of the road. He cited concerns with the fiscal issues concerning this trail. Town Council Minutes for May 8, 2001 Page 6 Rich Horvath, 292 Whitehorse Court, addressed Council in opposition to a bike trail extension in the Parkview Estates neighborhood. G. Councilmember Comments: Councilmember Schmidt asked that a worksession date be set to discuss trail issues. trails. Vice-Mayor Umstattd also suggested a work session date be set to discuss She reported her attendance at the ceremony for fallen police officers today. Councilmember Jackson agreed that a worksession is needed for discussion of trails. Councilmember Atwell had no comments. Councilmember Zoldos questioned the status of Mt. Tavistock in Tavistock Farms. Mr. Noe reported that development is due to take place on the site this summer with the mountain to be reduced by 35 feet. Councilmember McDonald commented that he would not be making a Planning Commission recommendation tonight. H. 14ayor's Comments: Mayor Webb reported that a new meeting date would have to be scheduled for the downtown meeting with the Economic Development Commission. She reported on the success of the most recent Gallery Walk and the Fife and Drum Muster. Further, she suggested a future work session to discussion gas tax and trail issues. I~lanager's Comments: Bob Noe recognized Doug McNeeley, the newly appointed Airport Director. Mr. Noe invited Council to a picnic at the ]:zaak Walton Park in recognition of Employee Recognition Week. Mayor Webb reminded that there would be a reception in the rose garden on May 11th to honor business for supporting tourism. She made Council aware of the Wings of Wisdom presentation on June 7 and 8 at Rust Library. 3. LEGXSLATTON ORDZNANCES On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following motion was proposed: Town Council Minutes for May 8, 2001 Page ? ORDINANCE 2001-O-6 Amending the Town Code relating to sewer and water connection and availability fees for annexed properties with failing septic systems and/or wells. Councilmember Zoldos suggested a friendly amendment to eliminate the water and sewer pro-rates fees since they did not exist in 1984. Vice-Mayor Umstattd accepted this amendment and asked for clarification from the Town Attorney. Bill Donnelly suggested considering the pro-ratas as a separate issue. Randy Shoemaker clarified the sewer pro-rata was formulated in an agreement with the Loudoun County School Board prior to 1984, however, the water pro-rata was after the 1984 date. ~[t was determined that the ordinance would only relate to the water and sewer connection fees. The pro-rata issue would return to a work session for clarification and the possible elimination of such fees. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos, and Mayor Webb Nay: None Vote: 7-0 CONSENT AGENDA On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd, the following consent items were proposed: 2001-59 RESOLUTION Authorizing a time extension for completion of public improvements and approving a performance guarantee for Potomac Station Section 6EFG. 2001-60 RESOLUTION Authorizing time extensions for completion of public improvements and approving performance guarantees for Stratford Phase A, Section 1; Phase A, Section 2; Phase B, Section I & 3; Phase B, Section 2 & 4. 2001-61 RESOLUTION Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Kincaid Forest, Section 4B. Town Council Minutes for May 8, 2001 Page 8 2001-62 RESOLUTION Authorizing the use of Uran Funds in the amount of $500 for the Loudoun County Chapter of Mothers Against Drunk Driving "Great American Picnic" to be held at Ida Lee Park. The motion was approved by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 REGULAR AGENDA RESOLUTION Approving SE-2001-02 - Loudoun Country Day School This proposed resolution was deferred at last night's work session. 'On a motion by Councilmember Jackson, seconded by Councilmember Schmidt, the following motion was proposed: 2001-63 RESOLUTION Adopting a Capital Improvements Project Policies and Procedure Manual and delegating contract authority for property and easement acquisition up to $100,000 to the Town Manager or his designee. Vice-Mayor Umstattd stated she would only like contract authority be granted to the Town Manager up to $50,000. The motion was approved by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos and Mayor Webb Nay: Vice-Mayor Umstattd. Vote: 6-1 2001-64 RESOLUTION Authorizing the Town Manager to enter into a memorandum of understanding between the Town of Leesburg and the County of Loudoun for development of a Rt. 15/S. King Street Trail between Davis Avenue and Governors Drive. Councilmember Schmidt spoke in opposition to this trail because of safety concerns. Vice-Mayor Umstattd stated this trails would make it safer for those individuals who are already walking along S. King Street. site. Councilmember McDonald stated surveys show this is the most favorable trail Town Council Minutes for May 8, 2001 Paqe 9 Councilmember Zoldos stated this is a good concept, but he is opposed to the trail alignment for safety reasons. Councilmember Atwell also expressed safety concerns with this trail because of the 5 ft. crossing of Tuscarora Creek. Mayor Webb stated she would support the trail in terms of design and engineering. The motion was adopted by the following vote: Aye: Jackson, McDonald, Vice-Mayor Umstattd and Mayor Webb Nay.' Atwell, Schmidt, and Zoldos Vote: 4~3 L. BOARDS AND COI~II4ISSTONS RESOLUTION Making an appointment to the Leesburg Planning Commission. Councilmember McDonald announced at last night's work session that he would defer a recommendation for appointment to the Planning Commission until a later date. M. OTHER BUSINESS On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following motion was proposed. 2001-65 RESOLUTION Directing the Town Attorney to file a notice of participation in opposition to the Tractebel's Power Plant application to the $CC. Vice-Mayor Umstattd stated that hopefully Loudoun County would agree to join Leesburg in participation as a respondent to the Tractebel application. Mayor Webb stated citizens have expressed fear and concern with the proposed plant. She added it would change the character of the town forever. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember Zoldos, seconded by Councilmember ~lackson, the following motion was proposed: 2001-66 RESOLUTTON Authorizing the selection of William Woodard as the artist for the Thomas Balch Library Reading Room Frieze Town Council Minutes for May 8, 2001 Paqe 10 The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember Jackson, seconded by Vice-Mayor Webb, the following motion was proposed: 2001-67 RESOLUT?ON Establishing a Town Facility Naming Policy. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember McDonald the following motion was proposed: RE$OLUT]:ON Rescinding Resolution No. 2000-244, and that the contract for engineering services not be awarded and that no additional funds be spent on the Chancellor Street project. Councilmember Schmidt made a motion to table this issue until the next Council meeting on May 22nd in order to give citizens notice and be addressed again in two weeks. Councilmember Atwell questioned whether this is a legal motion. Town Attorney, Bill Donnelly, stated a motion to rescind anytime after original action requires a two-thirds vote of council. Further, he noted a motion to rescind is appropriate when there has to been a significant change in circumstances. Councilmember Zoldos seconded the motion to table the motion to rescind. The motion to table failed on the following vote: Aye: Schmidt, Zoldos and Mayor Webb Nay: Atwell, Jackson, McDonald and Vice-Mayor Umstattd Vote: 3-4 There was discussion on the original motion to rescind Resolution No. 2000- 244. Mayor Webb stated Council passed a policy to inform the public of issues in a timely fashion, Councilmember Atwell made a motion to postpone discussion on this issue until the next work session. Councilmember Zoldos seconded the motion. Town Council Minutes for May 8, 2001 Page The motion to postpone was approved by the following vote: Aye.' Atwell, Schmidt, Zoldos and Mayor Webb Nay: Jackson, McDonald, and Vice Mayor Umstattd Councilmember McDonald stated that majority of Council does not support spending funds for a Chancellor Street emergency access and asked that no funds be expended for the engineering services prior to this item return to Council, The meeting adjourned at 9:26 p.m. Mayor Town of Leesburg l~rk of Council