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Home My Public Portal About2002_02_12COUNCIL MEETING February 12, 2002 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding. Coun¢ilmembers 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, Chief of Police Joe Price, Director of Finance Paul York, Director of Human Resources Dona Wolf, Parks and Recreation Facilities Manager Rich Williams, InterimDirector of Planning, Zoning and Development Lee Phillips, Deputy Director of Utilities Aref Etemadi, Budget Officer Mike Freda, Tourism Coordinator Marantha Edwards, Assistant to the Town Manager Nicole Ard, Management Tntern Larry DiRe, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. ]:nvocation by Councilmember Schmidt. B. Salute to the Flag was led by Councilmember Atwell. C. Roll Call showing all present. D, Minutes: On a motion by Councilmember Jackson, seconded by Councilmember Zoldos, the minutes of the January 22, 2002 work session, January 23, 2002 regular session and January 30, 2002 public hearing were approved with Councilmembers Zoldos and Schmidt abstaining. E. Presentations: Gladys Burke and Louetta Watkins were present to accept a proclamation for Black History Month. PROCLAMA TZON BLACK Hr_STORY MONTH FEBRUARY 12, 2002 WHEREAS, in February of :[926, sixty-one years after the ratification of the 13th amendment to the United States Constitution, Dr. Carter Woodson, a noted historian, desired to recognize the achievements and contributions of Black Americans in this country; and WHEREAS, the month of February was appropriately chosen to recognize the achievements of Black Americans as it contained the birth anniversaries of Abraham Lincoln and Frederick Douglass; and WHEREAS, the traditional one-week observance was expanded in :[976 to include the entire month of February; and Town Council minutes for February 12, 2002 Paqe 2 WHEREAS, the members of the Loudoun Chapter of the NAACP sincerely desire to preserve and carry forth this American tradition which is relevant and insightful to all families of our community. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim the month of February of the Year 2002 as Black History Month in the Town of Leesburg and urge the citizens of Leesburg join in recognizing the contributions made by the Loudoun Chapter of the NAACP and other community organizations to preserve and remember the accomplishments of Black Americans throughout the history of our nation. PROCLA]:I~IED this 12th day of February 2002. F, Petitioners Mayor Webb provided a tape for viewing from the Sorenson Institute on political ethics. Randy Collins, Loudoun County Chamber of Commerce, addressed Council advising of the relocation of their offices to Miller Drive. He also spoke in support of the revised annexation plan. Steve Nicklin., 19582 Gleedsville Road, spoke in opposition to the proposed annexation. Bridgett Bangert, 857 Santmyer Drive, addressed Council stating she is in concurrence with the 50-year plan process presented by Dick Keller and Milt Herd at the Council work session. She stated she is in favor of public involvement in the process and completion of the comprehensive plan before going forward with annexation. Gem Bingol, 205 Primrose Court, addressed Council asking that they listen to the citizen outcry against annexation. She suggested a review of the comprehensive plan should come first. The petitioner's comments closed at 8:00 p.m. H. Council Comments Councilmember Schmidt advised citizens that the spill in Hagerstown would have no impact on Leesburg's drinking water. He also discussed the issue of trash on the roadways along Rt. 15 South and Rt. 7 East and West. Vice-Mayor Umstattd thanked the petitioners for their comments on annexation. She discussed the motion adopted by the Loudoun County Negotiating Team stating that it makes sense, adding there should be a community planning process. She stated it is premature to go forward at this time stating she would be asking Council to put the process on hold. Town Council minutes for February 12, 2002 Page 3 Councilmember Jackson had no comments. Councilmember Atwell discussed the lack of cooperation by the Loudoun County Board of Supervisors in the annexation negotiations. He commented that the motion adopted by the Board of Supervisors is very close to what Council is proposing with the scaled back annexation area. Councilmember Zoldos asked staff to look into citizen concerns with lights from Dulles Motor Cars shining into the Brandon neighborhood. He also asked staff to explore the removal of 5 parking spaces along S. King Street. Councilmember Zoldos wished Randy Shoemaker a speedy recovery. Councilmember McDonald commented the 50-year plan proposed by Milt Herd and Dick Keller was a very good plan, He suggested further negotiations on annexation since the County's proposal on annexation is close to what Council is now proposing. Mayor Webb reported attending a meeting with the County on Shellhorn stating the biggest issues are transportation and utilities. The Mayor extended condolences to the Romesh family who lost their 6-year old son to a drunk driver, She discussed the ongoing traffic gridlock in Leesburg and thanked the transportation planners for their report at last night's Council meeting. The Mayor verified with Aref Etemadi, Deputy Director of Utilities, that the drinking water in Leesburg is safe. .1, I~lanager'$ Report Bob Noe reported all jurisdictions affected by Hagerstown, Maryland spill have been contacted by the Council of Governments. ~[t was reiterated that there is no threat to Leesburg's drinking water. Mr. Noe advised that Planning Director interviews will begin next week and that the Economic Development Director position is in the screening process. Further, he advised that he would be asking for an executive session at the conclusion of tonight's meeting. K. Legislation [ CONSENT AGENDA ] On a motion by Councilmember .lackson, seconded by Vice-Mayor Umstattd, the following consent agenda was proposed: Town Council minutes for February 12, 2002 Page 4 2002-:16 RESOLUTTON Accepting public improvements, releasing the performance guarantee and approving a maintenance guarantee for public improvements at Fort Evans Plaza Traffic signalization. 2002-:17 RESOLUTION Making a reduction of the performance guarantees for public improvements installed in Kincaid Forest Sections 4B, 7B, and 12A. 2002-:18 RESOLUTTON Making a reduction of the performance guarantee for public improvements installed in the Airport Commerce Park. 2002-:19 RESOLUTION Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Potomac Crossing, Section 9. 2002-20 RESOLUTTON Receiving the Zoning Administrator's Annual Report for 2001. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor 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: 2002-2:1 RE$OLUTTON Approving amendments to the FY 2002 Budget and making appropriations for the Fiscal Year ending June 30, 2002. Councilmember Schmidt proposed an amendment to include a $33,000 appropriation for streetlights on Bradfield Drive. Vice-Mayor Umstattd and Councilmember Jackson accepted the friendly amendment. After further discussion Council decided to vote on Bradfield Drive streetlights as a separate issue. The amendment to include Bradfield Drive streetlights failed on the following vote: Aye: Schmidt, Zoldos and Vice-Mayor Umstattd Nay: Atwell, Jackson, McDonald and Mayor Webb Town Council minutes for February :~2, 2002 Page Vote: 3-4 (Motion failed) The original motion was adopted by the following vote: Aye: Atwell, .lackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember Zoldos, seconded by Councilmember McDonald, the following motion was proposed: 2002-22 RE$OLUT:ZON Awarding of bids in the total amounts of $291,437 for the purchase of exercise and fitness equipment for the ida Lee Recreation Center Expansion Project to Southern Fitness Products in the amount of $60,304, Spring River Corporation in the amount of $34,203, Fitness Resource in the amount of $133,170, Leisure Fitness incorporated in the amount of $42,350, Equipment Tncorporated of Maryland in the amount of $:~,610, and Destine Fitness in the amount of $19,800. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember Zoldos, seconded by Councilmember Schmidt, the following motion was proposed: 2002-23 RESOLUT]:ON Awarding the Freedom Park Construction contract to Tucon Construction Corporation for a total lump sum of $2,386,727 that includes use of alternate I in the amount of $27,727 to sod the baseball fields instead of seed. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember .lackson, seconded by Vice-Mayor Umstattd, the following motion was proposed: 2002-24 RESOLUTZON Report by Standing Residential Traffic Committee regarding revisions to the Leesburg Traffic Management Plan. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: None Town Council minutes for February 12, 2002 Page 6 Vote: 7-0 On a motion by Councilmember McDonald, seconded by Vice-Mayor Umstattd, the following motion was proposed: 2002-2S RE$OLLIT:I:ON Making an appointment to the Economic Development Commission - Thomas A. Toth The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember .lackson, seconded by Councilmember McDonald, the following motion was proposed: 2002-26 RESOLUT]:ON Making an appointment to the Leesburg Standing Residential Traffic Committee - Rick Knight The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 M. New Business (a) On a motion by Councilmember Atwell, seconded by Councilmember Zoldos, the following resolution on annexation was proposed: RESOLUT]:ON NO. 2002-27 A resolution of the Town Council of Leesburg, Virginia concerning annexation territory in Loudoun County. Councilmember Zoldos proposed an amendment to delete language with reference a covenant on the Hunter Dowdy property. Bill Donnelly, Town Attorney, advised that no changes be made to the resolution. Councilmember Zoldos withdrew his amendment. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos and Mayor Webb Nay: Vice-Mayor Umstattd Vote: 6-:L (b) Vice-Mayor Umstattd proposed the following motion: Town Council minutes for February 12, 2002 Page ? RE$OLUT:~ON Rescinding Resolution 200~.-196 and the resolution on annexation adopted on February 12, 2002. The motion failed for the lack of a second. (¢) Bob Noe advised Council of the annexation request by Clara B. Phillips. ~[t was the consensus of Council to postpone discussion of this request to the next work session. The meeting adjourned at 9:40 p.m. B..1 ~,~/V e b b Mayor C(~kTM Council