The URL can be used to link to this page

Home My Public Portal About2002_02_26COUNCIL MEETING February 26, 2002 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding. Councilmembers Present: George Atwell, Mervin .]ackson, 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 .]oe Price, Interim Director of Planning, Zoning and Development Lee Phillips, Deputy Director of Utilities Aref Etemadi, Chief of Comprehensive Planning Randy Hodgson, Police Major Michael McVeigh, Budget Officer Mike Freda, Police Captain .]eft Vangilder, Police Lieutenant Cathy Polen, Tourism Coordinator Marantha Edwards, Senior Planner Nancy Kitchens, Assistant to the Town Manager Nicole Ard, Management Intern Larry DiRe, and Clerk of Council .]udy Ahalt. AGENDA ITEMS A. Invocation by Councilmember Zoldos. Salute to the Flag was led by Councilmember McDonald and Boy Scout Troop 982. C. Roll Call showing all present. D. Minutes: On a motion by Councilmember McDonald, seconded by Councilmember Zoldos, the minutes of the February :[1, 2002 work session, February 12, 2002 regular session were approved with edits by Councilmember Schmidt. Presentations: a. Award of Special Appreciation - Leesburg Police Department Mayor Webb presented this award, on behalf of the Loudoun County School Board, to the Leesburg Police Department for their service during and after the fire at Loudoun County High School. b. Award of Special Appreciation - Chief .~oe Price Mayor Webb presented this award, on behalf of the Loudoun County School Board, to Chief Price for his service during and after the fire at Loudoun County High School. c. Certificate of Appreciation - Mike McVeigh Mayor Webb presented this award to Major Mike McVeigh for his service to the Town of Leesburg for the period of February 1977 through May 2002. F. Petitioners Bob Brown, spoke in favor of the barment program and urged Council to implement the program. Town Council minutes for February 26, 2002 Page 2 G. Public Hearing a. 3erry's Chevrolet/Oldsmobile Special Exception - SE-2001-05 Nancy Kitchens outlined the proposed special exception and recommended approval with certain conditions. Rick Lessard, architect for applicant, stated that if the entrance on Market Street is restricted the applicant will not pursue this special exception. .lohn Callow, Patton, Harris &. Rust, stated that an agreement was made with CVS, for another 5,000 square foot of retail. He further stated that the proposed entrance onto IVlarket Street is in compliance with all town regulations. Skip Franzen, of .lerry's Chevrolet, stated that the access on Market Street is vital. The public hearing opened at 8:15 p.m. There were no petitioners The public hearing closed at 8:16 p.m. H. Council Comments Councilmember $chmidt wished a happy birthday to his 6-year old son Sam. Vice-Mayor Umstattd stated that Senator Mims asked that Bridget Bangert be notified that Tractebel is pulling their interests out of Leesburg. She further stated there would be two resolutions at the end of the meeting regarding the equalization of the tax rate. Councilmember Jackson stated that Nelson Downs is home and that he will be paying him a visit. Councilmember Atwell stated that he has had two letter exchanges with Scott York, Chairman of the Loudoun County Board of Supervisors, regarding annexation. Councilmember Zoldos announced his campaign kick-off which is scheduled for Friday night at Sweet Celebrations, and invited Council to attend. Councilmember McDonald stated that he has met with the Environmental Advisory Commission regarding the water situation and new ways to make the public aware of water conservation issues. He further stated that the Cable Commission is holding a community outreach program in the Council Chambers at 7:30 p.m. on March 19th. He further asked that the community remember the family of Daniel Pearl in their prayers. Town Council minutes for February 26, 2002 Page 3 z. Mayor's Comments Mayor Webb stated that she has met with staff from Loudoun County, Loudoun County Fire and Rescue and the Town regarding the Civil War Reenactment last year. She thanked Marantha Edwards and the Police Department for their assistance at that meeting. She reminded the community of two events for Friday night, Gallery Walk and the annual Chocolates Galore at Landsdowne, to benefit Leesburg's YMCA. She further stated that she met with students at Dominion Academy and will be visiting Tolbert Elementary on Friday. .1. Manager's Report Bob Noe thanked Major McVeigh, on behalf of the town staff, for his dedication to the Town. He further stated that pursuant to Council's direction, an ad regarding the annexation will appear in Friday's issue of the Leesburg Today, and a CTP newsletter will be appearing in the March 8th issue. K. Legislation I ORDTNANCES I On a motion by Councilmember McDonald, seconded by Councilmember .lackson, the following motion was proposed: 2002-0-2 ORDTNANCE Amending Town Code Section 11-32 to allow for property owners to designate the Police Department as a "Person Lawfully in Charge Of" as required by State Code Section 15.2-1717. The motion was approved 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 Vice-Mayor Umstattd, seconded by Councilmember McDonald, the following motion was proposed: 2002-O-3 ORDZNANCE Rejecting the annexation petition filed by the owners of the Dunlyn property. The motion was approved by the following vote: Aye: Atwell, .lackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 7-0 Town Council minutes for February 26, 2002 Page 4 CONSENT AGENDA On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd, the following consent agenda was proposed: 2002-28 RESOLUTION Authorizing time extensions for completion of public improvements and approving performance guarantee for Northlake Sections 3 and 8. 2002-29 RESOLUTION Authorizing time extensions for completion of public improvements and approving performance guarantees for Kincaid Forest, Sections 5, 7A, 10B, and 10C. The motion was adopted by the following vote: Aye: Atwell, 3ackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 REGULAR AGENDA On a motion by Councilmember Schmidt, seconded by Councilmember Zoldos the following motion was proposed: RESOLUTION Authorizing financial assistance to Dodona Manor. The motion failed by the following vote: Aye: Schmidt, Zoldos and Mayor Webb Nay: Atwell, Jackson, McDonald and Vice-Mayor Umstattd Vote: 3-4 L. Boards and Commissions M. New Business On a motion by Mayor Webb, seconded by Councilmember .lackson, the following resolution was proposed: 2002-30 RESOLUTION Requesting the Loudoun County Board of Supervisors to roll back the tax rate. The motion was adopted by the following vote: Aye: .lackson, Schmidt, Vice-Mayor Umstattd and Mayor Webb Nay: Atwell, McDonald and Zoldos Vote: 4~3 Town Council minutes for February 26, 2002 Page On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos, the following resolution was proposed: RESOLUTTON Consideration of an equalization tax rate on real property by the Town of Leesburg. The motion failed by the following vote: Aye: Schmidt, Zoldos and Vice-Mayor Umstattd Nay: Atwell, Jackson, McDonald and Mayor Webb Vote: 3-4 Councilmember Zoldos stated that he asked staff to look at the four-metered parking spaces on S. King Street. Staff recommended that the town retain those spots and install pavement-marking tape. He further stated that he concurs with staff's recommendation. The meeting adjourned at 9:00 p.m. B. J. V~bb Mayor /C,~erk of Council