HomeMy Public PortalAbout2001_06_26COUNCIL MEETING June 26, 2001
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding.
Councilmembers Present: Hervin 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, Chief of Police Joe Price, Director of Utilities Randy Shoemaker, Director of
Finance Paul York, Director of Parks and Recreation Kaj Dentler, Director of
Personnel Nancy Fixx, Zoning Administrator Brian Boucher, Budget Officer Mike
Freda, Tourism Coordinator Marantha Edwards, Budget Analyst Andrew Russell, and
Clerk of Council Judy Ahalt.
AGENDA ITEMS
A. Invocation by Councilmember Jackson.
B. Salute to the Flag was led by Councilmember Zoldos.
C. Roll Call showing Councilmember Atwell absent.
D. On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson,
the minutes of the May 21, 2001 work session and May 22, 2001 regular session
were approved.
Presentations:
a. Certificate of Appreciation - Lt. Doug Hickman
Mayor Webb presented a Certificate of Appreciation for dedicated
service to the Town of Leesburg for the period July 1973 through June
2001.
b. Certificate of Appreciation - Keith Kitzmiller
Mayor Webb presented a Certificate of Appreciation for Town for
dedicated service to the Town of Leesburg for the period April 1975
through June 2001.
c. Certificate of Appreciation - Officer Jason Shatarsky
Mayor Webb presented a Certificate of Appreciation on behalf of the
Town for providing unusual and timely service in the delivery of Calyx
Castel, born on April 23, 2001 in her parent's automobile. Officer
Shatarsky worked together to deliver Clayx Elizabeth, including assisting
her to take her first breath and also attended to her mother and father
until the Loudoun Rescue Squad arrived to transport mother and child to
the hospital.
d. Certificate of Appreciation - Officer Paul Holzerland
Mayor Webb presented a Certificate of Appreciation on behalf of the
Town for providing unusual and timely service in the delivery of Calyx
Town Council Minutes for .lune 26, 2001 Page 2
Castel, born April 23, 2001 in her parent's automobile. Officer Holzerland
worked with Officer Shatarsky to deliver Clayx Elizabeth, including
assisting her to take her first breath and also attended to her mother and
father until the Loudoun Rescue Squad arrived to transport mother and
child to the hospital.
e. Resolution of Appreciation - Reverend Peter 3. Wuebbens
On a motion by Vice-Mayor Umstattd, seconded by Councilmember
Jackson, the following resolution was adopted:
RESOLUTZON OF APPRECTATTON
WHEREAS, The Reverend Peter J. Wuebbens is retiring after forty
years in the ministry, the past ten years as the Pastor of the Holy Trinity
Lutheran Church in Leesburg; and
WHEREAS, Pastor Wuebbens, who received his Master of Divinity
from the Trinity Lutheran Seminary in Columbus, Ohio and a BA in History
from Capital University in Columbus, began his service as a Pastor in 1964 for
the Peach Lutheran Church in Wayland, Massachusetts. He accepted a calling
to Our Savior Lutheran Church in Edison, New Jersey in 1968; and in 1978
began his service as Pastor of the Good Shepherd Lutheran Church in
Charlotte, North Carolina; and
WHEREAS, in July 1991, Pastor Wuebbens began his ministry with the
Holy Trinity Lutheran Church in Leesburg; and
WHEREAS, in his effort to become a more effective pastor and to help
the members of his congregation be better citizens, he successfully graduated
as a member of the Leadership Loudoun Class of :1994. He served as a
member of the Leadership Loudoun Board, as President of the Volunteer
Services Board, and was instrumental in spearheading the Loudoun Hospital
Volunteer Chaplancy program.
THEREFORE, RESOLVED the Mayor and Council of the Town of
Leesburg hereby thank The Reverend Peter J. Wuebbens for his service to the
residents of Leesburg and County of Loudoun and extend their best wishes to
him upon his retirement.
PASSED, this 26th day of June 200:1.
On a motion by Councilmember Jackson, seconded by Vice-Mayor
Umstattd, the following resolution of support for the Loudoun County 4-H
Wildlife Habitat Evaluation Team was adopted:
2001-123
RESOLUTZON: SUPPORTZNG THE LOUDOUN COUNTY 4-H
WZLDLZFE HABTTAT EVALUATZON TEAM
Town Council Minutes for June 26, 2001 Paqe 3
WHEREAS, the Loudoun County 4-H Wildlife Habitat Evaluation
Team, home based in Leesburg, participated in the Virginia 4-H state
tournament at the Holiday Lake 4-H Center in Appomattox, Virginia on
May 11 - 12, 2001; and
WHEREAS, the Loudoun Team brought home the Virginia state
championship title as well as the top four individual titles; and
WHEREAS, as a result of winning the Virginia state title, the
Loudoun County 4-H team has been invited to represent Virginia and
to participate in the national tournament in Grand Targhee, Wyoming
on July 29 thru August 2, 2001; and
WHEREAS, these young men and women represent some of
the best of the youth of Leesburg and Loudoun County, and have
demonstrated that our future is in good hands.
THEREFOREf RESOLVED the Mayor and Town Council of the
Town of Leesburg support the positive efforts and applaud the
accomplishments of the Loudoun County 4-H Wildlife Habitat Team
and urges the business community to support their efforts by
sponsorship of their trip to participate in the national tournament.
PASSED this 26th day of ~lune 2001.
F. Petitioners:
Jeff McCarthy, 416 S. King Street, addressed Council. Mr. McCarthy outlined
the following items, which have impacted his home as a result of the S. King Street
improvement project. They are: (1) his water heater was destroyed, (2) the main
sewer line crushed, (3) one water meter was removed, (4) his driveway entrance
was relocated, (5) his front yard frontage was reduced, (6) a maple tree was
damaged, replacement cost is $60,000, and (7) gas line by Washington Gas.
Mr. McCarty stated Mr. Noe has denied his request to remove the tree from
his yard and asked Council for assistance in resolving the issue.
G. Public Hearing
None
Council Comments:
Councilmember McDonald had no comment.
Councilmember Zoldos extended sympathy to Randy Shoemaker and his
family on the loss of Mr. Shoemaker's father.
He thanked Town employees for their efforts during the recent storm. He
also reminded the public of the Tndependence Day Celebration at Ida Lee Park on
July 4th,
Councilmember Jackson had no comment.
Vice-Mayor Umstattd thanked Chief of Police Joe Price for the efforts of the
Police Department during the recent storm.
Town Council Minutes for June 26, 2001 Page 4
The Vice-Mayor disclosed that she had a call with reference to the
development of property behind the Food Lion on S. King Street. The proposal is for
apartments, single-family and commercial with retail and office.
Councilmember Schmidt commented on the recent incident of a pedestrian
being struck on the bypass and wished him a speedy recovery.
Mayor's Comments
Mayor Webb commented on Fairfax County Mayor John Marsh's report to
Council on transportation issues facing Northern Virginia. She further stated the
Loudoun County Comprehensive Plan does not address traffic issues in Leesburg.
The Mayor suggested investigating a Bus Rapid Transit system extending to
the west of Leesburg with a station in the Rt. 7/Rt. 9 area and a station in Leesburg
adjacent to the Greenway.
.1. I~lanagers Report:
None
K. Legislation:
ORDINANCE
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson,
the following motion was proposed:
2001-O-8
ORDINANCE
ZOAM-01-02 - Amending Zoning Ordinance Sections 5C and 740 to reference the
latest FEMA Floodplain Maps in the F-! 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 (Atwell absent)
On a motion by Councilmember Schmidt, seconded by Councilmember
Mcdonald, the following motion was proposed:
ORDINANCE
Amending Chapter 10, Article VI, Division 3, Sections 10-187 &10-188, of the Town
Code for hours of free parking and for parking fees for spaces rented on a monthly
basis in the parking garage.
Councilmember Mcdonald suggested no change to the 2 hr. free parking.
Councilmember Schmidt asked for removal of the incentive of parking eight
vehicles. Further, he suggested asking downtown merchants to leave spaces for
visitors.
Town Council Minutes for .lune 26, 2001 Page
Councilmember Zoldos proposed a friendly amendment to the original motion
to leave the 2 hours of free parking and with the discount to remain at $25 per
month.
Vice-Mayor Umstattd seconded the amended motion.
The motion failed by the following vote:
Aye: Jackson, Zoldos and Vice-Mayor Umstattd.
Nay: McDonald, Schmidt and Mayor Webb
Vote: 3-3-1 (Atwell absent)
On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald,
the original motion was tabled.
On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald,
the following motion was proposed:
2001-O-10
ORDZNANCE
Approving the Dominion Telecom Franchise Agreement.
The motion was adopted by the following vote:
Aye: Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor
Webb
Nay: None
Vote: 6-0-1 (Atwell absent)
CONSENT AGENDA
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos,
the following consent motions were proposed:
2001-109
RE$OLUT]:ON
Making a reduction of the performance guarantee for public improvements installed
in Stowers, Section 1.
2001-110
RESOLUT]:ON
Authorizing up to $10,000 in FY 2002 Economic Development funds for the Saf-T-
Ride Shuttle Bus Pilot Program.
The consent motions were adopted by the following vote:
Aye: ~lackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and
Mayor Webb
Nay: None
Vote: 6-0-1(Atwell absent)
REGULAR AGENDA
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Schmidt,
the following motion was proposed:
Town Council IVlinutes for June 26, 2001 Page 6
2001-111
RESOLUT/ON
Amending the Pay and Classification Plan and implementing the Hendricks and
Associates Study,
Bob Noe verified there are three minor amendments to the amended plan,
two title and one grade change,
The motion was adopted by the following vote:
Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and
Mayor Webb,
Nay: None
Vote: 6-0-Z(Atwell absent)
On a motion by Councilmember Jackson, seconded by Councilmember Zoldos
the following motion was proposed:
2001-112
RESOLUTION
Adopting the Fiscal Years 2002-2006 Capital Tmprovements Program and authorizing
and making an appropriation for the Evergreen IVlill Road Sewer Forcemain Project in
FY 2002.
Councilmember Schmidt amended the motion to change Item #45 (Harrison
Street Sidewalk) to fiscal year 2003. Councilmember Zoldos accepted the
amendment.
The motion was adopted by the following vote:
Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-lVlayor Umstattd, and
Mayor Webb
Nay: None
Vote: 6-0-Z(Atwell Absent)
On a motion by Councilmember Zoldos, seconded by Councilmember Jackson,
the following motion was proposed:
2001-113
RESOLTUION
Approving a Special Event Permit Policy.
Kaj Dentler verified the Payne's charity bike rides would take place once each
month from May thru September, He added the Town would discontinue barricading
the streets from Cornwall to Market for this event,
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 absent)
On a motion by Councilmember Jackson, seconded by Councilmember
Schmidt, the following motion was proposed:
Town Council Minutes for June 26, 2001 Page ?
2001-114
RESOLUTION
Awarding contracts for property, casualty, and liability insurance coverage for the
Fiscal Year beginning July 1, 2001.
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 absent)
On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd,
the following motion was proposed:
2001-115
RESOLUTION
Amending Resolutions 9:~-:~72, 92-21 and 98-:~17 relating to water connection
prorata fees for annexed homes with failing wells.
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 absent)
L. Boards and Commissions
On a motion by Mayor Webb, seconded by Councilmember Jackson, the
following motion was proposed:
2001-116
RESOLUTTON
Making an appointment to the Board of Architectural Review - Michael J. Boyle.
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 absent)
On a motion by Councilmember McDonald, seconded by Councilmember
Zoldos the following motions were proposed:
2001-117
RESOLUTTON
Making an appointment to the Airport Commission - Steve Hutchens
2001-118
RE$OLUTTON
Making an appointment to the Balch Library Advisory Commission - Frank Buttery
Town Council Minutes for June 26, 2001 Page 8
2001-119
RESOLUTTON
Making an appointment to the Cable Television Advisory Commission - Richard
Herndon
2001-120
RE$OLUTTON
Making an appointment to the Parks and Recreation Advisory Commission -
Frederick P. Lillis
2001-121
RE$OLUTTON
Making an appointment to the Tree Commission - J. D. Hicks
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 absent)
Councilmember McDonald made a motion to appoint Teresa Minchew to the
Planning Commission. Vice-Mayor Umstattd seconded the motion.
Mayor Webb asked that this appointment be tabled until the July 10th Council
meeting at which time a resume will be provided by Ms. Minchew.
t4. New Business:
On a motion by Councilmember Schmidt, seconded by Councilmember
McDonald, the following motion was proposed:
2001-122
RESOLUTZON
Amending the fiscal year 2002 budget and appropriating $50,000 from fiscal year
200:~ to fund a sign assessment and implementation plan from the Economic
Development Department account.
Vice-Mayor Umstattd recommended amending the resolution to include
installation of the signage.
Councilmember Schmidt agreed with the 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(Atwell absent)
Councilmember Zoldos discussed changes to the Code of Federal Regulations
(CFR) with reference to web sites on the internet and assisted listening for the
visually impaired. Staff was asked to see if the Town of Leesburg website complies
with this regulation CFR 508.
Town Council Minutes for June 26, 2001 Paqe 9
Councilmember Zoldos made a motion, seconded by Councilmember Schmidt,
to defer the design and engineering for the Chancellor Street emergency access
study.
The motion failed on the following vote:
Aye: Zoldos, Schmidt, and Mayor Webb
Nay: McDonald, Jackson and Vice-Mayor Umstattd
Vote: 3-3-:~ (Atwell absent)
The meeting adjourned at 8:55 p.m.
B~~3 We b
of Council