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Home My Public Portal About2001_11_27COUNCIL MEETING November 27, 2001 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding. Councilmembers Present: George Atwell, Mervin .lackson, 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 Utilities Randy Shoemaker, Chief of Police ]oe Price, Director of Tnformation Technology Michel Agujia, Chief of Plan Review Paul Gauthier, Chief of Comprehensive Planning Randy Hodgson, Assistant to the Town Manager Nicole Ard, and Clerk of Council .ludy Ahalt. AGENDA ITEMS A. Invocation by Vice-Mayor Umstattd B. Salute to the Flag was led Boy Scout Troop 1159. C. Roll Call showing all present. D. Minutes: On a motion by Councilmember Schmidt, seconded by Councilmember Zoldos, the minutes of the November 13, 2001 Work Session and November 14, 2001 regular meeting were approved. E. Presentations None F, Petitioners Para Gottfried., External Affairs Manager with Dominion Resources Services, THC., introduced herself to Council and discussed the services they provide. She talked about their Energy Share Program and reminded the public of the electric deregulation that becomes effective as of January 2, 2002. Several Council members asked Ms. Gottfried to contact them with reference to specific construction problems the Town needs assistance with. Leslie Winner, 127 Nottoway Street, addressed Council with reference to daycare in Leesburg. He suggested that many daycare providers in Leesburg have more than five children in their care and asked that enforcement action be taken to resolve these violations. Further he asked that the Town provide information to citizens with reference to daycare regulations. Stanley Caulkins, 102 Morven Park Road, addressed Council. Mr. Caulkins discussed the Liberty Street lot suggesting that it should be considered for a parking garage stating traffic and parking is of major concern. Town Council Minutes for November 27, 2001 Paqe 2 He added that the Tally-Ho should not be considered for Town office space; the town should be considering a long-term fix, further, he stated he is in support of the Main Street Program. .lulie Doiron, 879 Tall Oaks Square, addressed Council unveiling a portrait by Mary Villon De Benveniste of former President George Bush and Barbara. This painting will be on display at the Potomac Gallery before it is transferred to the Bush Presidential Library and then the Bush's Kennebunkport home. Public Hearing: a. Charter Amendment - removal of advice and consent requirement of Council when the Town I~lanaqer appoints a Finance Director Phil Rodenberg explained this recommendation to request that the General Assembly amend the Town Charter to remove the advice and consent requirement of the Council when the town manager appoints finance director. The public hearing opened at 8:00 p.m. There were no speakers for this public hearing. The public hearing closed at 8:01 p.m. H. Council Comments: Councilmember McDonald asked Council and the citizens of Leesburg to keep the American servicemen in their thoughts and prayers. He discussed the annexation process, which was initiated by citizens outside the Town asking for inclusion in the town limits. He commented that landowners incorporated into the town would not get greater density. He discussed the impact on the future of Leesburg, the fact that the decision to annex should be made by those who represent us in Leesburg; and his desire to preserve our history and provide better services for the citizens. Councilmember Zoldos asked the Town Manager for an update on the Bradfield Drive opening, that a memo be sent to all daycare providers to inform them of Town requirements over and above the state requirements. Councilmember Atwell thanked Stanley Caulkins for his knowledge and advice to Council. Councilmember Jackson concurred with the comments made by Mr. Caulkins. Vice-Mayor Umstattd agreed staff should contact the Leesburg daycare providers to provide information on town requirements. She concurred with the recommendations made by Stanley Caulkins. Councilmember Schmidt thanked Boy Scout Troop 1159 for leading the Salute to the Flag. He thanked Mike Freda for providing a budget overview to the scouts. He asked staff to investigate the concerns of a citizen who is being penalized because of a late payment due to a mail delay. Town Council Minutes for November 27, 2001 Paqe 3 T. 14ayor's Comments: Mayor Webb reminded citizens of the Holiday Tree Lighting and Parade on December 1st. She asked that we remember those folks lost in the September 11th attack. She commented on the plaque of the Harrison's at the Balch Library Garden, the Holiday Coalition's new site at the Sterling Wal-Mart, Loudoun Country Day School Headmaster Randy Hollister's recognition as headmaster of the year by the Washington Post; the Broad Run High School's Holiday Concert for caregivers on December 9th, Further, the Mayor participated in the Loudoun County Social Studies and History Fair. The Mayor reminded Council of the Salvation Army bell ringing on Saturday and thanked Mr, Winner for his comments on daycare. I~anager's Report: Mr. Noe stated he does not have a Bradfield Drive report at this time. Councilmember Atwell asked the status of the Human Resource and Planning Director appointments. Mr. Noe commented that a decision will be made for the Human Resource Director this week and that the other positions are yet to be screened. K. Legislation: ANNEXATION On a motion by Councilmember McDonald, seconded by Councilmember Jackson, the following motion was proposed: RESOLUTTON 2001-196 Proposing the annexation of certain areas within Loudoun County and appointing a special committee to negotiate with the Board of Supervisors of Loudoun County, Virginia. Vice-Mayor Umstattd, seconded by Mayor Webb, proposed an amendment to the previous motion to eliminate Areas 1 and 3 from the map. Councilmember McDonald did not accept this amendment to his original motion. The motion to amend failed on the following vote: Aye: Mayor Webb and Vice-Mayor Umstattd Nay: Atwell, Jackson, McDonald, Schmidt and Zoldos Vote: 2-5 The original motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, $chmidt and Zoldos Nay: Vice-Mayor Umstattd and Mayor Webb Vote: 5-2 Town Council Minutes for November 27, 2001 Page 4 On a motion by Councilmember IVlcDonald, seconded by Jackson the following motion was proposed: ORDZNANCE 2001-O-23 Rejecting the annexation petition by the owners of the O'Connor Property. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Vice-Mayor Umstattd and Mayor Webb Nay: Schmidt and Zoldos Vote: 5-2 ORDINANCES On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following motion was proposed: ORD]:NANCE 2001-O-24 Approving Rezoning ZM-2001-02 - Tavistock Farms, to amend the Tavistock Farms proffers to allow elevated decks to encroach a maximum of ten (10) feet into the minimum required rear yard setback for all townhouses. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 7-0 CONSENT AGENDA On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos, the following consent motion was proposed: RESOLUTZON 2001-197 Making a reduction of the performance guarantee for public improvements installed in Potomac Station, Section 8F, RE$OLUTZON 2001-198 Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for River Creek, Phase V, Section 3 (Landbay "N"). RESOLUTTON 2001-199 Authorizing the Town Manager to execute an agreement for electric service with Virginia Electric and Power Company. 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 Town Council Minutes for November 27, 2001 Page REGULAR AGENDA On a motion by Councilmember Schmidt, seconded by Councilmember Zoldos, the following motion was proposed: RESOLUT]:ON 2001-200 Awarding a contract to Whitman Requardt & Associates in the amount of $203,6:[7.00 for engineering services for water tank siting and Iow-pressure complaint evaluation. 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 Vice-Mayor Umstattd, the following motion was proposed: RESOLUTION 2001-201 Approving final payment to Bearing Construction for the Biological Nutrient Removal Project in the amount of $:[40,361.00 The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-lVlayor Umstattd and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember McDonald, seconded by Councilmember Zoldos, the following motion was proposed: RE$OLTUZON 2001-202 Requesting the General Assembly to amend the Town of Leesburg Charter to remove the advice and consent of Council requirement when the Town Manager appoints a Finance Director. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and IVlayor Webb Nay: None Vote: 7-0 L. Boards and Commissions On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos, the following motion was proposed: Town Council Minutes for November 27, 2001 Paqe 6 RESOLUTTON 2001-203 Making an appointment to the Information Technology Commission - David Audi The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, $chmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 7-0 t4. New Business On a motion by Councilmember $chmidt, seconded by Vice-Mayor Umstattd, the following motion was proposed: RE$OLUTTON 2001-204 Making an appointment to the Leesburg Cable Commission - Michael Glennon. 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 meeting adjourned at 9:30 p.m. Mayor AFl'EST: rk of Council