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