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HomeMy Public PortalAbout2002_01_23COUNCIL MEETING January 23, 2002 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding. Councilmembers Present: George Atwell, Mervin Jackson, Leonard McDonald, Kristen Umstattd, and Mayor Webb. Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly, Deputy Town Manager Phillip Rodenberg, Director of Finance Paul York, Director of Engineering and Public Works Tom Mason, Chief of Police Joe Price, Director of Human Resources Dona Wolf, Interim Director of Planning, Zoning and Development Lee Philips, Deputy Director of Utilities Aref Etemadi, Management/Budget Officer Mike Freda, Assistant to the Town Manager Nicole Ard, Management Intern Larry DiRe, and Clerk of Council Judy Ahalt. AGEN DA ITEMS A. :]:nvocation by Councilmember Jackson B. Salute to the Flag was led by Vice-Mayor Umstattd C. Roll Call showing Councilmembers Schmidt and Zoldos absent D. Minutes: On a motion by Councilmember Jackson, seconded by Councilmember McDonald, the minutes of the January 7, 2002 work session and January 8, 2002 regular meeting were approved with Councilmembers Schmidt and Zoldos absent. Presentations a. Resolution of Respect - James W. Ritter On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd the following Resolution of Respect was approved with Schmidt and Zoldos absent; Resolution of Respect .lames W. Ritter WHEREAS, James W. Ritter was a resident of Leesburg for over 30 years; and WHEREAS, Mr. Ritter served the Town of Leesburg as Town Manager from 1963 to 1975; and WHEREAS~ Mr. Ritter was a member of the Loudoun Sketch Club and the Leesburg Baptist Church; and WHEREAS~ Mr. Ritter died on December 28th, at the age of 91. Town Council Minutes for January 23, 2002 Page THERFORE, RESOLVED the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy and appreciation to the Ritter family for his dedicated service to 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 the Ritter family. PASSED this 23rd day of January 2002. Mayor Webb presented copies of this resolution to the members of the Ritter family who were present. b. Leesburq Fire Department Awards Mayor Webb presented a Certificate of Recognition to Billy Fiske in honor of Mr. Fiske receiving the inaugural Donohoe Award for Lifetime Achievement with the Leesburg Volunteer Fire Department. Mayor Webb also presented a Certificate of Recognition to Jimmy Csizmadia in honor of Mr. Csizmadia receiving the Firefigher of the Year Award for his work with the Leesburg Volunteer Fire Department. Mayor Webb also recognized LVFD President Gary Gaither, Chief Wayne Whetsel and treasurer Marty Mantel and thanked them for their efforts in fighting the fire at Loudoun County High School on January 22nd. Petitioners There were no petitioners. Public Hearing a. FY-02 I~lid-year Budqet Mike Freda outlined the proposed items for the budget. The Public Hearing opened at 7:37 p.m. Charlotte Cable - Vice-Chair of the Leesburg Planning Commission, spoke in support of a Senior Planner position in the Planning Department. She cited their increased involvement in various commissions and boards in addition to the Leesburg population increase. The public hearing closed at 7:48 p.m. b. Pollin,q and Precinct Places Betsy Mayr discussed a change in the proposed precinct description. Bill Donnelly commented that if the precinct description were changed from what was originally advertised for this public hearing, the town would have to re-advertise. Vice-Mayor Umstattd suggested that Council not change the precinct descriptions that were advertised. Mr. Donnelly concurred with the Vice- Mayor's suggestion. Town Council Minutes for .lanuary 23, 2002 Page 3 was the consensus of Council to go ahead with the original proposal. The public hearing opened at 8:00 p.m. Robert Dube - :~23 Chesterfield Place commented that he is opposed to Northwest residents being forced to travel to Southwest Leesburg to vote. The public hearing closed at 8:02 p.m. H. Council Comments: Councilmember McDonald read a prepared statement and commented on statements made by members of the Board of Supervisors after the joint annexation negotiation meeting of the town and county. Councilmember McDonald further suggested that staff contact Carter Glass and ask that he prepare a presentation for the January 30th annexation public hearing. Councilmember Atwell provided an annexation update and stated that the next negotiating meeting is scheduled for February 5th. Councilmember Atwell further stated that he has been given an assignment with Rotary International that begins in July 2002, therefore, he will not be seeking reelection to the Town Council. Vice-Mayor Umstattd stated that Councilmember Atwell has been a great addition to Council. She further expressed her appreciation to the Loudoun County Volunteer Rescue Squad for their work. Vice-Mayor Umstattd advised that due to the lack of public support for annexation she is bringing forward a motion under new business to rescind Resolution 200:b196, Councilmember Jackson had no comment. ]:. Mayor's Comments: Mayor Webb thanked Councilmember Atwell for his dedicated service to the Town of Leesburg and the Council. Mayor Webb advised that the Friends of the Balch Library are holding a gala on November 2, 2002 to present the frieze to the community. Mayor Webb further commented that she attended the Loudoun County Rescue Squad banquet and praised the volunteers. She also commented that Loudoun County is paying for other fire department buildings, including Cascades, and asked again that the County forgive the debt for Leesburg's Fire Department building. Mayor Webb informed the Loudoun Environmental Indicators Project Steering Committee would hold a public information meeting in March, She further informed the public that the Health Department's free clinic has reopened, Town Council Minutes for .lanuary 23, 2002 Page 4 Mayor Webb advised Council the Shellhorn meeting with Chairman York was cancelled and that she will advise them when a new date is set. She also reminded the citizens of the briefing at Shenandoah University on Friday at 5:00 p.m. with Gen. John P. Jumper, Secretary of the Air Force, regarding the domestic and international security issues. .1. 14anager's Report: Bob Noe added to the report given by Mayor Webb on the fire at Loudoun County High School. He reported that a citizen who was passing by the school had called 911 and that most of the damage was smoke and water related. He further stated that he would be asking Council to convene in closed session, at the end of tonight's meeting, to discuss the Tnglenook lease. K. Legislation: ORNIANCES On a motion by Councilmember McDonald, seconded by Councilmember Jackson, the following motion was proposed: ORDINANCE 2002-0-1 Amending Sections 6-1 and 6-2 of the Town Code relating to precincts and voting places. The motion was approved by the following vote: Aye: Atwell, Jackson and McDonald Nay: Vice-Mayor Umstattd and Mayor Webb Vote: 3-2-2 (Schmidt and Zoldos absent) CONSENT AGENDA On a motion by Councilmember McDonald, seconded by Vice-Mayor Umstattd, the following consent motion was proposed: RESOLUTION 2002-12 Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Kincaid Forest, Section 12B. RESOLUTION 2002-:~3 Accepting pubic improvements, releasing the performance guarantee and approving a maintenance guarantee for public improvements and Fort Evans Road improvements, Phase II. RESOLUTION 2002-14 Approving a substitute performance guarantee for Sycamore Hill Phase I, Section 5 and releasing the Letter of Credit from Wells Fargo Bank, N.A. The consent motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 5-0-2 (Schmidt and Zoldos absent) Town Council Minutes for January 23, 2002 Page REGULAR AGENDA On a motion by Councilmember McDonald, seconded by Vice-Mayor Webb, the following motion was proposed: RESOLUTTON 2002-15 Adopting pro-rata fees for the Xerox/Potomac Station Sanitary Sewer Outfall. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 5-0-2 (Schmidt and Zoldos absent) L. Boards and Commissions I~1. New Business Vice-Mayor read the following Resolution into the record: Resolution to Rescind Resolution 2001-196 WHEREAS, on November 27, 2001, the Leesburg Town Council passed Resolution 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; and WHEREAS, the Board of Supervisors has requested that the Leesburg Town Council not go forward with any annexation proposals until the Board and Council have had an opportunity to further study all annexation proposals and work together outside the deadlines imposed by the Commission on Local Government; and WHEREAS, the Board of Supervisors held a public hearing on annexation on January 17th and the citizen comment on annexation was overwhelmingly negative; and WHEREAS, the Leesburg Town Council decided to hold its own public hearing on annexation on January 30, 2002; and WHEREAS, it is the desire of the Town Council to work closely with the Loudoun County Board of Supervisors and the public to ensure that any proposed annexation is in the best interest of the citizens of the Town and the County. THEREFORE, BE ZT RESOLVED, that the Leesburg Town Council hereby rescinds Resolution 2001-:L96; and BE ]:T FURTHER RESOLVED, that the Leesburg Town Council agrees to recommend to the Commission on Local Government rejection of any annexation proposals until such time as the Leesburg Town Council and the Loudoun County Board of Supervisors have had an opportunity to together fully research all implications of annexation and have come to an agreement Town Council Minutes for 3anuary 23, 2002 Page 6 on the desirability, or lack thereof, of the Town's annexing any area or areas into the Town. Mayor Webb seconded the motion, Councilmember Atwell, seconded by Councilmember Jackson, made a motion to table this motion until all members of Council are present. The motion to table was approved by the following vote: Aye: Atwell, Jackson, IVlcDonald and Mayor Webb Nay: Vice-Mayor Umstattd Vote: 4-1-2 (Schmidt and Zoldos Absent) Councilmember McDonald expressed his agreement with Councilmember Atwell and stated that in the future he may ask that Council delay action on the annexation until the VDOT update of the Traffic Study is in, Closed Session On a motion by Mayor Webb, seconded by Councilmember Jackson the following motion was proposed: Pursuant to Section 2.:L-344 of the Code of Virginia, ! move that the Leesburg Town Council convene in a closed meeting for discussion of a legal matter involving the inglenook lease. Council convened in a closed session at 8:35 p.m. Council reconvened and Mayor Webb, seconded by Vice-Mayor Umstattd, proposed the following motion: in accordance with Section 2.1-344.:~ of the Code of Virginia, ! move that Council certify that to the best of each member's knowledge, on public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Tnformation Act and such public business matters 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, McDonald, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 5-0-2 (Schmidt and Zoldos Absent) Mayor A~i-i-EST: ,,4 lerk Of Council