HomeMy Public PortalAbout2001_11_14COUNCIL MEETING November 14, 2001
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding.
Councilmembers Present: George Atwell, Mervin Jackson, 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, Director of Parks and Recreation Kaj Dentler, Director of Finance Paul York,
Airport Director Doug McNeeley, Director of Utilities Randy Shoemaker, Chief of
Police Joe Price, Acting Director of Planning, Zoning and Development Lee Phillips,
Chief of Comprehensive Planning Randy Hodgson, Assistant to the Town Manager
Nicole Ard, and Clerk of Council Judy Ahalt.
AGENDA ITEMS
A. Invocation: Councilmember Schmidt
B. Salute to the Flag: Councilmember McDonald
C. Roll Call: All present
D. 14inutes:
On a motion by Councilmember Zoldos, seconded by Councilmember Jackson,
the minutes of the October 22, 2001 work session, October 23, 2001 regular session,
October 11, 2001 UGA meeting and October 24, 2001 UGA meeting were approved
as amended. Councilmember Atwell abstained from voting on the October 22nd
meeting and Councilmember McDonald abstained from voting on the October ]1'jth
meeting.
Presentations:
a. Resolution of Respect - Susan Farmer
On a motion by Councilmember Jackson, seconded by Councilmember
Zoldos the following Resolution of Respect was approved.
Resolution of Respect
Susan B. Farmer
WHEREAS, Susan B, Farmer served as Cable Television Administrative
Specialist in the Loudoun County Office of Public Information for over a year
as well as the host of"Inside Loudoun County"; and
WHEREAS, Ms. Farmer served as the Public Information Officer for
the Town of Leesburg for 11 years earning numerous awards from state and
national professional organizations including recent recognition by the Virginia
Municipal League for the "2000 by 2000, Plant a Tree for Leesburg" program,
in which she played an integral role while with the Town of Leesburg; and
Town Council minutes for November 14, 200:1 Paqe 2
WHEREAS,. Ms. Farmer moved to Loudoun County in :1986 working as
a staff writer for the Loudoun Times-Mirror for two years then working as a
copy editor for The Connection newspaper in Reston; and
WHEREAS,. Ms. Farmer served on the Leesburg-Loudoun Arbor Day
Committee for more than a decade, and was a member of Phi Kappa Phi
Academic Honor Society, Pi Sigma Alpha Political Science Honor Society, the
City-County Communication and Marketing Association, the Foundation of the
State Arboretum of Virginia, the Goose Creek Herb Guild, a former member of
the Harrisburg Chapter of Daughters of the American Revolution and was
honored by Who's Who of American Women; and
WHEREAS,. Ms. Farmer graduated Magna cum laude with a degree in
mass communications from Lycoming College in Williamsport, Pennsylvania,
in :1986; and
WHEREAS,. Ms. Farmer suffered an untimely death on October 23,
200:1; and
THERFORE, RESOLVED the Mayor and members of the Council of the
Town of Leesburg in Virginia extend their sympathy to Ms. Farmer's family
and our appreciation for her dedicated service to Loudoun County and the
Town of Leesburg and ask that this Resolution of Respect be spread upon the
minutes of this meeting and that a copy be sent to Ms. Farmer's family; and
BE :I:T FURTHER RESOLVED that the Town of Leesburg will plant a
tree in memory of Ms. Farmer.
PASSED this 14th day of November 200:1.
b. Proclamation - Adoption Awareness Month
On a motion by Councilmember McDonald, seconded by Vice-Mayor
Umstattd, a proclamation was adopted proclaiming November as Adoption
Awareness Month.
Barbara Baird and Beth Hager representing the Adoption Office of
Loudoun County Social Services were present to accept the proclamation.
Also present was the parent of an adoptive child, Judy Kiserling.
c. Proclamation - National American Tndian Heritage Month
On a motion by Councilmember McDonald, seconded by Vice-Mayor
Umstattd, a proclamation was adopted proclaiming November as National
American :Indian Heritage Month. John Rocca was present to accept the
proclamation.
F. Petitioners:
Spencer Ault addressed Council asking that SE-200:1-04 - Rise and Shine
Daycare (Khalid) - be reconsidered by Council. He added that all responding
agencies and the Planning Commission saw no negative impact with the approval of
this special exception.
Leslie Winner, :127 Nottoway Street, addressed Council asking for
reconsideration of the Khalid special exception.
Town Council minutes for November 14, 2001 Paqe 3
Kristin Winner, 127 Nottoway Street, addressed Council asking for
reconsideration of the Khalid special exception.
Katrina Stroud, 22 Wilson Avenue, addressed Council asking for
reconsideration of the Khalid special exception.
Helen Dollarton, 18660 Potomac Station Drive, addressed Council asking for
reconsideration of the Khalid special exception.
Mike Petrarca, 132 Goldsworth Terrace, addressed Council asking for
reconsideration of the Khalid special exception.
Klm Gantt, 602 Duff Road, addressed Council asking for reconsideration of the
Khalid special exception.
Ro Nutter, P.O. Box 4095, Ashburn, addressed Council asking for additional
police patrols and monitoring on Rt. 7 and the Rt. 7/15 Bypass. She discussed the
frequencies of traffic accidents and her concern for pedestrian safety in the Town.
Mayor Webb responded that she has the same concerns with traffic conditions
in Leesburg.
Marjorie O'Leary, 605 S. King Street, addressed Council asking for
reconsideration of the Khalid special exception.
Peter Stockton, 40332 Mt. Gilead Road, addressed Council with concerns of
how the annexation process is being handled. He had issue with the lack of a public
hearing for Leesburg citizens and the construction of Crosstrail Boulevard.
Gem Bingol, 205 Primrose Court, addressed Council with annexation
concerns. She stated the recent ad outlining Leesburg events and project status did
not mention the annexation process. She asked that citizen input be considered in
the process.
Ann Robinson, 125 Clubhouse Drive, addressed Council asking for more
information to be provided to citizens on annexation. She also asked for an open
door policy on annexation deliberations.
Steve Nicklin, 19582 Gleedsville Road, addressed Council in opposition to any
annexation in the UGA. He stated he supports the county efforts for smart growth
and the elimination of the UGA.
Lisa Speet, 10 Royal Street, addressed Council asking that citizen input be
considered in the annexation process.
Kenneth Martin, 14 Adams Drive, addressed Council asking for
reconsideration of the Khalid daycare special exception.
Randall Minchew, addressed Council on behalf of the O'Connor family. Mr.
Minchew read a letter from the family asking for consideration of their petition to
have their property annexed into the Town. He also pointed out that their property
could provide a suitable elementary school site.
Town Council minutes for November 14, 2001 Paqe 4
The petitioner's section closed at 9:05 p.m.
Public Hearing
a. ZM-2001-02 - Tavistock Farms
Randy Hodgson outlined this rezoning request by Arcadia Development
Company to allow the reduction of the rear setback area in the townhouse
sections of Tavistock Farms to allow for elevated decks.
Mayor Webb suggested in the future these issues be resolved by the
developer during the development process.
The public hearing opened at 9:10 p.m.
There were no speakers.
The public hearing closed at 9:11 p.m.
b. Bond Issue for Freedom Park
Paul York outlined a public hearing on the issuance of general obligation
public improvement bonds of the Town in the estimated amount of
$5,000,000 to finance the cost of various parks and recreation facilities.
Mr. York explained bids have been received and the lowest is for a 20-
year bond at 4.02%.
Councilmember Atwell verified that a 10-year bond is available at 3.8%,
which would compute to an average debt service of $295,000 or I cent on the
tax rate.
Mr. York recommended a 20-year bond as it has less of an impact on
our debt service.
Councilmember $chmidt confirmed that a flagpole would be part of the
construction plans for Freedom Park.
Mr. York asked Council to suspend the rules and consider taking action
on this issue at the end of tonight's meeting.
The public hearing opened at 9:19 p.m.
There were no speakers.
The public hearing closed at 9:20 p.m.
H. Council Comments
Councilmember McDonald asked the public to keep the citizens of New York
and our military troops in their prayers.
He discussed an e-mail response to a citizen with reference to the proposed
annexation.
Town Council minutes for November 14, 2001 Paqe 5
Councilmember Zoldos expressed sympathy for the families of those people
aboard the American Airlines flight that crashed in New York.
Councilmembers Atwell and Jackson wished the Mayor Happy Birthday.
Vice-Mayor Umstattd thanked citizens for coming out to speak on annexation
issues. She said that she believes the Town should hold a public hearing and added
it would not jeopardize our legal strategy.
She added she would ask Council to consider scheduling a public hearing
under new business.
Councilmember Schmidt discussed the annexation process and suggested that
more explanation be given the citizens as to how the process works.
He added he believes there is a need to have discussions in a closed session
and that due diligence should take place when Council has to make a decision as to
whether to proceed with annexation.
I~la¥or'$ Comments
Mayor Webb advised Council that the Holiday Decoration Prize Patrol will be
held on December :~7th and asked for any participants to advise the Clerk of Council
by the end of the week.
She added that Leesburg hosted a press conference for MADD for their "Tie
one on for Safety" Program. She asked citizens to please have a safe holiday,
The Mayor discussed her attendance at the Veterans Day events and the
Excellence in Education Banquet.
She discussed the issue of annexation stating it was initiated by three
requests from landowners in our Urban Growth Area through the Council of
Governments. She assured the citizens that the Town's decision whether to
consider the requests will not be done hastily.
.1. 14anager's Report
Bob Noe wished everyone happy and healthy returns for the Thanksgiving
Holiday season.
Councilmember Atwell asked for clarification as to why two firms have been
selected for the tank siting contract award.
Mr, Shoemaker verified that one is for the modeling and the other for design
and construction.
K. Legislation
[ ORDTNANCES ]
There were no ordinances
Town Council minutes for November 14, 2001 Page 6
CONSENT AGENDA
On a motion by Councilmember Jackson, seconded by Councilmember Zoldos,
the following consent motion was proposed:
RESOLUTTON
2001-180
Authorizing an agreement and approving a water and sewer extension permit and
approving a performance guarantee for Potomac Crossing, Section 2E.
RESOLUTZON
2001-181
Authorizing an agreement and approving a water and sewer extension permit and
approving a performance guarantee for River Creek, Phase V, Section 4 (Land Bay
L).
RESOLUTTON
2001-182
Authorizing agreements and approving a performance guarantee and a water
extension permit for Stratford - Ryland Sanitary Sewer Relocation; Lake Facility; and
Stormwater Management Pond.
RESOLUTTON
2001-183
Accepting public improvements; releasing the performance guarantee and approving
a maintenance guarantee for public improvements at Dry IVlill Townhouses, Section 1
Subdivision.
RESOLUT]:ON
2001-184
Accepting public improvements, releasing the performance guarantee and approving
a maintenance guarantee for public improvements at Greenway Farm, Section :~0.
RESOLUTZON
2001-185
Approving a substitute performance guarantee for Exeter Hills, Section 5B.
RESOLUTI'ON
2001-186
Permitting withdrawal without prejudice of Rezoning Application, ZM-2000-07,
Catoctin Square.
RESOLUT]:ON
2001-187
Authorizing a purchase contract with Atlantic Machinery, ]:nc. in the amount of
$~14,227.00 for an Schwarze A7000 Street Sweeper.
RESOLUTTON
2001-188
Opposing increasing truck weight limits on Virginia Roads.
RESOLUTZON
2001-189
Authorizing the donation of surplus property to the Citizens Support Team.
Town Council minutes for November 14, 2001 Paqe ?
The consent motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor
Webb
Nay: None
Vote: 7-0
REGULAR AGENDA
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson,
the following motion was proposed:
RESOLUTION
2001-190
Awarding a contract for construction of the Cardinal Park Drive Sewer and Phase T!
Sanitary Sewer System !mprovements.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor
Webb
Nay: None
VoLe: 7-0
On a motion by Councilmember Jackson, seconded by Councilmember Zoldos,
the following motion was proposed:
RESOLUTZON
2001-191
Authorizing the issuance and sale of $5,000,000 in General Obligation bonds.
Councilmember Atwell stated he could not support this motion since the
issuance of this bond would require a tax increase and the uncertainty of budget
conditions.
The motion was adopted on a roll call vote by the following vote:
Aye: Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb
Nay: Atwell
Vote: 6-1
L. Boards and Commissions
On a motion by Councilmember McDonald, seconded by Vice-Mayor Umstattd,
the following motion was proposed:
RESOLUT]:ON
2001-192
Making an appointment to the Board of Architectural Review - John Nuzum
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and
Mayor Webb
Nay: None
Vote: 7-0
Town Council minutes for November 14, 2001 Paqe $
On a motion by Councilmember .1ackson, seconded by Vice-Mayor Umstattd,
the following motion was proposed:
RESOLUTZON
2001-193
Making an appointment to the Leesburg Standing Residential Traffic Committee -
Andrew .1. McClellan
The motion was adopted by the following vote:
Aye: Atwell, .1ackson, McDonald, Schmidt, Umstattd, Zoldos and
Mayor Webb
Nay: None
Vote: 7-0
On a motion by Councilmember Atwell, seconded by Vice-Mayor Umstattd,
the following motion was proposed:
RESOLUTION
2001-194
Making an appointment to the Tree Commission - Doug Goolsby
The motion was adopted by the following vote:
Aye: Atwell, .1ackson, McDonald, Schmidt, Umstattd, Zoldos and
Mayor Webb
Nay: None
Vote: 7-0
M. New Business
Olympic Torch Relay
On a motion by Councilmember McDonald, seconded by Councilmember
Schmidt, the following motion was proposed:
RESOLUTe'ON
2001-195
Supporting the 2002 Olympic Torch Relay in Leesburg.
The motion was adopted by the following vote:
Aye: Atwell, .1ackson, McDonald, Schmidt, Umstattd, Zoldos and
Mayor Webb
Nay: None
Vote: 7-0
Annexation Public Hearing
Vice-Mayor Umstattd made a motion to schedule a public hearing on
annexation prior to February l, 2001. Councilmember Schmidt seconded the
motion.
Mayor Webb made a motion to table the motion. Councilmember Zoldos
seconded the motion to table.
Town Council minutes for November 14, 2001 Paqe 9
The motion to table was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Zoldos and Mayor Webb
Nay: Schmidt and Vice-Mayor Umstattd
Vote: 5-2
Mayor Webb announced that the Northern Virginia Community Alliance has
selected the Town of Leesburg to receive its annual Community Appearance Award.
The award will honor our recently restored Thomas Balch Library.
Closed Session to discuss leqal matters
On a motion by Mayor Webb, seconded by Councilmember McDonald, the
following motion was proposed:
Pursuant to Sections 2.1-344(A)(7) and 15.2-2907(D), of the Code of
Virginia, ! move that the Leesburg Town Council convene in a closed meeting for
discussion of legal and annexation matters.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos and Mayor Webb
Nay: Vice-Mayor Umstattd
Vote: 6-1
The Town Council adjourned into a closed session at 10:15 p.m.
Town Council reconvened and Mayor Webb proposed the following motion
with a second from Councilmember McDonald:
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 vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and
Mayor Webb
Nay: None
Vote: 7-0
The meeting adjourned.
B. ]. ~Vebb-
Mayc~r
A'I-I-EST:
(~rk of Council