HomeMy Public PortalAbout2001_08_14COUNCIL MEETING August 14, 2001
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding.
Councilmembers Present: George Atwell, Mervin Jackson, David Schmidt, Kristen
Umstattd, Robert Zoldos (arriving at 8:00 p.m.), 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, Director of Parks and Recreation Kaj Dentler, Chief of Current Planning Lee
Phillips, Airport Director Doug McNeeley, Director of Finance Paul York, Budget
Officer Mike Freda, Zoning Administrator Brian Boucher, Deputy Director of Utilities
Aref Etemadi, Planner Delane Parks, Intern Larry, Assistant to the Town Manager
Nicole Ard, Tourism Coordinator Marantha Edwards, and Clerk of Council Judy Ahalt.
AGENDA ITEMS
A. :~nvocation by Councilmember Atwell.
B. Salute to the Flag was led by Councilmember Jackson.
C. Roll Call showing Councilmember McDonald and Zoldos absent.
D. Minutes
On a motion by Councilmember Jackson, seconded by Councilmember
Schmidt, the minutes of the June 26, 2001 and July 9, 2001 meeting were approved
with Councilmember Atwell abstaining on the June 26th minutes.
E. Presentations
None
F, Petitioners
J. B. Anderson., 308 Valley View Avenue, addressed Council concerning the
water damage that is caused by flooding of the Town Branch into the yards of homes
on Monroe Street. Mr. Anderson asked that debris from the contractor of the S. King
Street road improvements be cleaned up. He provided a video and power point
presentation to Council of the actual flooding as well as suggestions to help alleviate
the problem.
Larry Barnett, 22 Monroe Street, addressed Council echoing Mr. Anderson's
comments.
Kathy Kennan, 21 Pershing Avenue, addressed Council on behalf of Sara
Wiley and other residents of Fairview Street asking that Council reconsider their
action on the Fairview Street improvements based on the 1997 Town Plan. She
suggested the establishment of a Conservation District.
Greg Wigfield, i West Market Street, addressed Council on behalf of the
Density Church asking for waiver of a $250 temporary use permit fee.
Lyle Werner, 406 S. King Street, addressed Council on behalf of the Ketoctin
Chapter, National Society of the Daughters of the American Revolution, requesting
Town Council Minutes for Auqust 14, 2001 Page
the town's approval to place a NSDAR historical marker on the Thomas S. Balch
Library building.
Tom Dunn addressed Council concerning the needs for the Town to have a
grants writer. He discussed various grants, which are available and suggested there
may be funds available for the expansion of town hall.
Public Hearing
a. Amending the Subdivision and Land Development Regulations and
Zoning Ordinance to increase certain land development fees.
The public hearing opened at 8:05 p.m.
There were no speakers.
The public hearing closed at 8:06 p.m.
H. Council Comments
Councilmember Zoldos commented on positive feedback he had received from
some new residents of Leesburg.
Councilmember Atwell commented on the excellent advertising Leesburg has
received from WHERE Magazine. He complimented Tourism Coordinator, Marantha
Edwards for her efforts in this project.
Vice-Mayor Umstattd read the following comment from Councilmember
McDonald into the record:
RE: TOWN MANAGER'S EMPLOYMENT CONTRACT
A/though Z am away on vacation with my family, Z felt it was very important to
ensure that my comments and thoughts were read into and made a part of Town
Council record.
I regret not being there to reinforce my vote of approval endorsing I~r. Noe's
contract extension with an increase in salary.
A/though Bob and Z at times differ in our fiscal philosophy of local government and/ts
responsibilities, ~T am pleased with the progress Mr. Noe has made to bring a new
perspective to the way the Town of Leesburg does business.
As I have said in the past, government is big business and we need to treat each
taxpayer as a loyal customer. I agree with the direction in which I~lr. Noe is leading
our town staff. His selection of town staff has been excellent and I look forward to
future improvement in the way our Town delivers services to our customer, the
taxpayer.
Vice-Mayor Umstattd stated she is in agreement with Councilmember's
comments.
Councilmember Schmidt commented on the success of the re-enactment and
thanked Tom Dunn and Marantha Edwards for their efforts on the project. He
Town Council Minutes for August 14, 2001 Page 3
complimented Mr. Anderson on his presentation tonight and asked staff to look into
the flooding issue.
I. Mayor's Comments:
Mayor Webb reported that she had attended the NE Coalition picnic.
She commented that her experience with the re-enactment was not a positive one
with the exception of the fire and rescue services and the police department who did
an excellent job under the circumstances.
The mayor reminded the public of the establishment of a Historic District
Citizens Association who will hold their first meeting on September 12 at 7:00 p.m.
on the lower level of town hall.
.1. Manager's Report:
Bob Noe reported that the Town of Leesburg has received an award from the
Virginia Municipal League for there 2000 by 2000 Program.
He added the Town will be publishing a newsletter in the local newspaper and
asked for feedback from the public.
He introduced the new intern, Larry DiRe.
IVlr. Noe advised Council of the need for a closed session following this
meeting to discuss the possible acquisition of real property for public purposes.
Councilmember Atwell asked for a report on the water treatment plant
expansion with reference to the failure to complete the project.
K. Legislation
ORDINANCES
On a motion by Councilmember .lackson, seconded by Councilmember
Schmidt, the following motion was proposed:
2001-O-14
ORDTNANCE
Amending the Zoning Ordinance Section 11A-4 to require a Planning Commission
public hearing for Special Exception applications
The motion was adopted by the following vote:
Aye: Atwell, Jackson, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor
Webb
Nay: None
Vote: 6-0-1 (McDonald absent)
On a motion by Councilmember .lackson, seconded by Vice-Mayor Umstattd,
the following motion was proposed:
Town Council Minutes for August 14, 2001 Page 4
2001-O-15
ORDINANCE
Restricting thru truck traffic on Lawson Road
The motion was adopted by the following vote:
Aye: Atwell, .lackson, Schmidt, Zoldos, Vice-Mayor Umstattd and
Mayor Webb
Nay: None
Vote: 6-0-1 (McDonald absent)
CONSENT AGENDA J
On a motion by Vice-Mayor Umstattd, seconded by Councilmember .lackson,
the following consent motion was proposed:
2001-136
RESOLUTION
Declaring the Town's intention to reimburse the Town from the proceeds of a
financing for various public improvements and capital equipment purchases.
2001-137
RESOLUTION
Endorsing the Tourism Plan
2001-138
RESOLUTION
Authorizing a time extension for completion of public improvements and approving
substitute performance guarantees for Exeter Hills Sections 6A &. 7A.
2001-139
RESOLUTION
Authorizing a time extension for completion of public improvements and approving a
substitute performance guarantee for Potomac Station Section 6BCD.
2001-140
RESOLUTION
Authorizing agreements and approving performance guarantees and water and sewer
extension permits for Edwards Landing, Phase 2A and Edwards Landing Battlefield
Parkway, Phase TI Road Improvements.
2001-141
RESOLUTION
Accepting public improvements, releasing the performance guarantees and
approving maintenance guarantees for public improvements at Greenway Farm
Section 8, Phase 3, Section 9 and the Meade Drive and Route 15 Improvements.
2001-142
RESOLUTION
Authorizing the donation of surplus property.
The consent motion was adopted by the following vote:
Aye: Atwell, .lackson, Schmidt, Zoldos, Vice-Mayor Umstattd, and
Mayor Webb
Nay: None
Town Council Minutes for Auqust 14, 2001 Page
Vote: 6-0-1 (McDonald absent)
REGULAR AGENDA
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos,
the following motion was proposed:
2001-143
RESOLUTTON
Authorizing a contract extension to Amliner East, !nc. in the amount of $210,346.00
for Phase II! of the Sanitary Sewer Relining Project.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, Schmidt, Zoldos, Vice-Mayor Umstattd, and
Mayor Webb
Nay: None
Vote: 6-0-:[ (McDonald absent)
On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd,
the following motion was proposed:
2001-144
RESOLUTZON
Awarding a contract for the final development phase of the !da Lee Park Tennis
Complex (pavilion and restroom) to Loyko Vetter Construction Company, in the
amount of $370,000.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, Schmidt, Zoldos, Vice-Mayor Umstattd, and
Mayor Webb
Nay: None
Vote: 6-0-:[ (McDonald absent)
On a motion by Councilmember Zoldos, seconded by Councilmember Jackson,
the following motion was proposed:
RESOLUTZON
Reclassifying the Economic Development Director Position to Chief of
Downtown/Mainstreet Development.
The motion failed on the following vote:
Aye: None
Nay: Atwell, Jackson, Schmidt, Zoldos, Vice-Mayor Umstattd, and
Mayor Webb
Vote: 0-6-:[ (McDonald absent)
Mayor Webb added it is the consensus of Council to retain the Economic
Development Director position and bring on a Downtown Coordinator.
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson,
the following motion was proposed:
Town Council Minutes for August 14, 2001 Page 6
2001-145
RE$OLTUION
Appropriating $22,044.90 for the local share of a Federal Aviation Administration
grant to purchase snow removal equipment, and authorize the Town Manager to
execute two purchases requisitions for the equipment in the amounts of $165,600 to
Vernon E. Step and $54,849 to U.S. Municipal Supply.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, Schmidt, Zoldos, Vice-Mayor Umstattd, and
Mayor Webb
Nay: None
Vote: 6-0-! (McDonald absent)
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Schmidt,
the following motion was proposed:
2001-146
RESOLTUTON
Authorizing an amendment to the employment contract between the Leesburg Town
Council and Town Manager Robert S. Noe, Jr.
Councilmember Zoldos commented that he cannot support a salary increase
for Mr. Noe and outlined his reasons for this decision (comments attached). Further
he asked that a roll call vote be taken on this resolution.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, Schmidt, Vice-Mayor Umstattd, and Mayor Webb.
Nay: Zoldos
Vote: 5-1-1 (McDonald absent)
L. Boards and Commissions
None
t4. New Business
On a motion by Councilmember Zoldos, seconded by Councilmember Jackson,
the following motion was proposed:
2001-147
RESOLTTON
:Initiating amendments to the Subdivision and Land Development Regulations to
establish an administrative review and approval process for preliminary development
plans and preliminary subdivision plats except in planned developments.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, Schmidt, Zoldos, Vice-Mayor Umstattd, and
Mayor Webb
Nay: None
Vote: 6-0-1 (McDonald absent)
On a motion by Councilmember Zoldos, seconded by Vice-Mayor Umstattd,
the following motion was proposed:
Town Council Minutes for August 14, 2001 Paqe ?
2001-148
RE$OLTUION
Recommending to the Planning Commission and directing staff to place a high
priority on the completion of the comprehensive revision to the Zoning Ordinance.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, Schmidt, Zoldos, Vice-Mayor Umstattd, and
Mayor Webb
Nay: None
Vote: 6-0-1 (McDonald absent)
Vice-Mayor Umstattd asked Council if there was a motion to reconsider Ms.
Kennan's request to reconsider the Fairview Street Trail?
Council did not present a motion.
Closed Session
On a motion by Councilmember Schmidt, seconded by Councilmember
Jackson, the following motion was proposed:
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
acquisition of real property for public purposes 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: Atwell, Jackson, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor
Webb
Nay: None
Vote: 6-0-1 (McDonald Absent)
The Town Council convened in a closed session at 8:55 p.m.
Council reconvened and proposed the following motion:
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: Atwell, Jackson, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor
Webb
Nay: None
Vote: 6-0-1 (McDonald absent)
Town Council Minutes for Auqust ::[4, 2001 Paqe 8
rk of Council
Mayor