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Home My Public Portal About2001_09_25COUNCIL MEETING September 25, 2001 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding. Councilmembers Present: George Atwell, Mervin Jackson, David Schmidt, Leonard McDonald, Vice-Mayor Kristen Umstattd, Robert Zoldos, and Mayor Webb. Staff Present: Town Attorney William Donnelly, Deputy Town Manager Phillip Rodenberg, Director of Engineering & Public Works Tom Mason, Director of Parks and Recreation Kaj Dentler, Director of Finance Paul York, Director of Utilities Randy Shoemaker, Airport Director, Doug McNeeley, Chief of Police Joe Price, Chief of Current Planning Lee Phillips, Budget Officer Mike Freda, Zoning Administrator Brian Boucher, Management Intern Larry DeRi, Tourism Coordinator Marantha Edwards, and Assistant to the Clerk of Council Debi Parry. AGEN DA ITEMS A. Invocation: Annie Medaglia B. Salute to the Flag: Councilmember Schmidt C. Roll Call: Showing all present D. Minutes On a motion by Councilmember Schmidt, seconded by Councilmember Jackson, the minutes of the July 10th, July 23rd, July 24th, August 13th, August 14th, and September 10th were approved by the following vote: Aye: Nay: Vote: Atwell, Jackson, Schmidt, Umstattd, Zoldos and Mayor Webb None 6-0-1 (McDonald abstaining) Presentations a. Proclamation - National Day of Remembrance On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald, the proclamation was adopted by the following vote: Aye: Nay: Vote: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb None 7-0 Chief Joe Price commented nothing is more important in the healing process for victims than to realize the community support. Town Council Minutes for September 25, 2001 Page 2 b. Proclamation - National Alcohol and Drug Addiction Recovery Month On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the proclamation was adopted by the following vote: Aye: Nay: Vote: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb None 7-0 c. Proclamation - Legal Assistants' Week On a motion by Vice-Mayor Umstattd, seconded by Councilmember .lackson, the proclamation was adopted by the following vote: Aye: Nay: Vote: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb None 7-0 d. Certificate of Appreciation - Kitty Boyd A certificate was read by Mayor Webb and presented to Ms. Kitty Boyd for her service to Leesburg as a volunteer over the past three decades. e. Resolution of Appreciation - Alan D. Stanford On a motion by Councilmember Umstattd, seconded by Councilmember Jackson the resolution was approved by the following vote: Aye: Nay: Vote: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb None 7-0 f. Resolution of Support for the President~ our Country and the victims of September 11~ 2001 as well as their families On a motion by Councilmember Jackson, seconded by Councilmember McDonald the resolution was approved by the following vote: Aye: Nay: Vote: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb None 7-0 F. Petitioners Andy Johnson, NE Coalition, addressed Council thanking them for their assistance to the NE Coalition and informing them about their current programs. Caroline Mansi, Small Business Development Center, addressed Council asking for monetary support and identified some of the ways that the Small Business Development Center benefits our community. Dr. David Goodfriend, Loudoun County Health Department, addressed Council to introduce himself as the new director of the Health Department. Dr. Goodfriend Town Council Minutes for September 25, 2001 Page 3 updated Council and the citizens of Leesburg on steps they have taken to prevent the spread of the West Nile Virus in the community. Mayor Webb confirmed that a shortage of the flu vaccine is not expected for this year. Vice-Mayor Umstattd inquired as to the roll that the Health Department will play in the investigation of the recent terrorist attacks with the threat of biological warfare. Ron Eamich, NE Coalition, thanked Council for their support of the coalition and presented Mayor Webb with a picture from their 2000 picnic. G. Public Hearings None H. Council Comments Mayor Webb thanked Chief Joe Price and Airport Director Doug McNeeley for their efforts during the recent terrorist attacks. She asked that Council be provided with a report on various security issues in place since the September 11th attacks. Doug McNeeley informed Council the Leesburg Airport is open and is providing most of its traditional services. He added he would be glad to meet with Council to outline the new security details. Joe Price informed Council that many security operations are now in place or being developed and offered to meet in closed session to discuss them. He added every step has been taken to ensure the health and safety of the citizens of Leesburg. Councilmember Schmidt commended the various members of the community for their efforts in supporting the victims, families and rescue efforts, also the Mayor for her leadership through this time. He also recommended that the Route 621 park be named "Freedom Park" to symbolize this time and to ensure that it is never forgotten. Vice-Mayor Umstattd thanked citizens for their small tributes placed around the town. Councilmember .lackson thanked the citizens and asked that they pray for the President and the Country. Councilmember Atwell stated that this is only the beginning of what we will have to do in the future. Councilmember Zoldos commended the residents for their patriotism and renewed sense of community. Also, he thanked the town crews who were out in the storm last night and the staff who worked on the August Court Days. Councilmember McDonald urged residents to unite and support our troops and to remember the families that were affected by this act. He also urged citizens to celebrate our diversity and to stand behind the president. Town Council Minutes for September 25, 2001 Paqe 4 I~layor's Comments: Mayor Webb thanked the staff for their assistance with the prayer service and candlelight vigil, and the police department and all emergency personnel for keeping the community safe and calm. She also thanked the community for their patriotism and generosity and urged them to not discriminate against the Muslim community, but instead to unite and celebrate our diversity. The Mayor also reminded Council of the Dogwood Ceremony on September 29th at 10:00 a.m. I~lanager's Report: Phil Rhodenberg informed Council of the upcoming Catoctin Circle widening project update meeting on Thursday October ist at 7:00 p.m. in the lower level of the Town Hall and urged all concerned citizens to attend. K. Legislation l ORDTNANCES ] On a motion by Councilmember McDonald, seconded by Councilmember Zoldos, the following ordinance was proposed: 2001-O-16 ORD]:NANCE Amending the Zoning Ordinance regarding various application fees The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember McDonald, seconded by Councilmember Jackson, the following ordinance was proposed: 2001-O-17 ORD?NANCE Amending the Subdivision and Land Development Regulations regarding various application fees. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember Schmidt, seconded by Councilmember McDonald, the following ordinance was proposed: Town Council Minutes for September 25, 2001 Page 200;L-O-;~8 ORDINANCE Amending Chapter 17, Article VIII, Sections 17-163 (c) and 17-197 (b) of the Town Code to change the due date and calculation method for business, professional and occupational licenses. The motion was adopted by the following vote: Aye: Atwell, ~lackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember Zoldos, seconded by Councilmember .lackson, the following ordinance was proposed: 2001-O-:1.9 ORDINANCE Amending Chapter 15, Article III, Section 15-62 (a)(1) and Chapter 19, Article III, Section 19-43(a)(1) of the Town Code to require all residential and small commercial water and sewer customers to pay a deposit for service. The motion was adopted by the following vote: Aye: Atwell, .lackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember Schmidt, seconded by Councilmember McDonald, the following ordinance was proposed: 200::L-O-20 ORDINANCE Amending Chapter 10, Article VI, Division 3, Section 10-188, of the Town Code for parking fees for spaces rented on a monthly basis in the parking garage. The motion was adopted by the following vote: Aye: Atwell, .lackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember Zoldos, seconded by Vice-Mayor Umstattd, the following ordinance was proposed: 200;~-O-2~ ORD]:NANCE Amending Section 13-18 of the Town Code regarding the establishment of Planning Commission Committees, their respective review authorities and their meeting frequency. The motion was adopted by the following vote: Aye: Atwell, ~lackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Town Council Minutes for September 25, 2001 Paqe 6 Nay: None Vote: 7-0 CONSENT AGENDA On a motion by Councilmember McDonald, seconded by Councilmember Schmidt, the following consent motion was proposed: 200:1.-:1.49 RESOLUT:~ON Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Potomac Station Section 8H, 2001-150 RESOLUTION Making a reduction of the performance guarantees for public improvements installed in Sycamore Hill Phase :[, Sections 4&5 and approving a substitute performance guarantee for Sycamore Hill Phase T, Section 4. 2001-151 RESOLUTION Making a reduction of the performance guarantees for public improvements installed in Dry Mill Townhouse Subdivision Phase 2A and approving substitute performance guarantees for Dry Mill Townhouse Subdivision Phase 2A and 2B, 2001-152 RESOLUTION Authorizing a time extension with conditions for completion of public improvements and approving a performance guarantee for Leesburg Gateway Condos. Councilmember Zoldos requested that this item be removed from the consent agenda, 200Z-::L53 RESOLUTION Authorizing time extensions for completion of public improvements and approving performance guarantees for Northlake Section 1; Northlake Section 4; Northlake Lake and Northlake Road improvements. 200::L-154 RESOLUTION Making a reduction of the performance guarantee for public improvements installed in Leesburg Green. 200~.-;!.55 RESOLUTION Amending the FY2002 Utility Department staffing plan for the Water Supply Division. Town Council Minutes for September 25, 2001 Paqe ? 2001-156 RESOLUTTON Approving a change order related to the Ida Lee Park Tennis Center (Phase 1) in the amount of $23,583.66. 2001-157 RESOLUTZON Authorizing a street resurfacing plan for FY2002. 2001-158 RESOLUTZON Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Potomac Station Section 8]:. The consent motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 7-0 On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald the following resolution was proposed: 2001-152 (cont'd) RESOLUTTON Authorizing a time extension with conditions for completion of public improvements and approving a performance guarantee for Leesburg Gateway Condos. Councilmember Zoldos confirmed that that developer has had the completion date for these items extended eight times. Tom Mason stated the March 2002 extension was for the completion of the last condominium building and some public improvements. He further stated if the developer does not meet the November 9th deadline for public improvements, he could be in default. After further discussion it was decided by Council to grant an extension to March 2002 on the public improvements and the additional condo building. However if the November 9th deadline for the picnic area, tot lot and fence is not met, Council could find the developer in default. Mayor Webb agreed to meet with the developer and instructed staff to send a letter to the developer informing him of the impending deadline. The motion was adopted by the following vote. Aye: McDonald, Schmidt, Vice-Mayor Umstattd and Mayor Webb Nay: Atwell, Jackson, Zoldos Vote: 4-3 REGULAR AGENDA On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald, the following resolution was proposed. Town Council Minutes for September 25, 2001 Paqe 8 2001-159 RESOLUTTON Authorizing public hearings on ZM #2000-05, Potomac Crossing PRC and Town Plan amendment TP 2000-02. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember Jackson, seconded by Councilmember Zoldos, the following resolution was proposed. 2001-160 RESOLUT:I:ON Approving Town Attorney's Employment Agreement The motion was adopted by the following vote: Aye: Atwell, Jackson, Schmidt, Zoldos and Mayor Webb Nay: McDonald and Vice-Mayor Umstattd Vote: 5-2 On a motion by Vice-Mayor Umstattd, seconded by Councilmember Schmidt, the following resolution was proposed: 2001-161 RESOLUTZON Tnitiating amendments to the Zoning Ordinance for the definition of Duplex, Administrative Review in the H-1 District, numbers and dimensions of off-street parking spaces, aisle widths, increased buffer requirements and elimination of the 15 percent maximum buffer yard limitation and authorization of a joint public hearing. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember Zoldos, seconded by Councilmember Jackson, the following motion was proposed: 2001-162 RESOLUT]:ON Authorizing the Town Manager to sign a grant agreement with the U.S. Department of Housing and Urban Development in the amount of $643,581 for preservation and infrastructure improvements at Dondona Mandor, and a related sub-grant agreement with the George C. Marshall Home Preservation Fund. Town Council Minutes for September 25, 2001 Page 9 The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember McDonald, seconded by Vice-Mayor Umstattd, the following motion was proposed: L. Boards and Commissions RESOLUTION Making an appointment to the Board of Architectural Review Councilmember McDonald stated his nomination of Thomas A. Finn to the BAR. The motion failed on the following vote: Aye: McDonald, Zoldos and Vice-Mayor Umstattd Nay: Atwell, .lackson, Schmidt and Mayor Webb Vote: 3-4 On a motion by Councilmember Atwell, seconded by Councilmember Zoldos, the following motion was proposed: 2001-163 RESOLUTION Making an appointment to the Thomas Balch Library Commission Councilmember Atwell stated his nomination of Francis Fera to the Library Commission. The motion was adopted by the following vote: Aye: Atwell, .lackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 7-0 M. New Business Councilmember Zoldos confirmed, with Bill Donnelly, that the purpose of the annexation time extension is to give the town time to prepare a submission to the Commission on Local Government and to give all parties time to see if an agreeable annexation can be negotiated. Bill Donnelly assured Council the 90-day time extension is needed by Carter Glass in order to get all the submissions together for our petition. He further stated if the landowners agree to the extension they would be the ones to make the request. The town would support it or state that there is no objection. Town Council Minutes for September 25, 2001 Page 10 Closed Session On a motion by Mayor Webb, seconded by Councilmember Schmidt, 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 legal matters with Counsel. Vice-Mayor Umstattd confirmed that the legal matters to be discussed have nothing to do with the annexation. Bill Donnelly stated that the legal matters have to do with a construction project that the town is involved in. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 7-0 The Town Council convened in a closed session at 9:15 p,m. Council reconvened and the following motion was proposed by Mayor Webb, seconded by Vice-Mayor Umstattd: In accordance with Section 2.1-344.1 of the Code of Virginia, ! 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, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 7-0-1 (Zoldos absent) k of Council B. J. ~V~ebb, Mayor