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HomeMy Public PortalAbout2002_05_14COUNCIL MEETING May 14, 2002 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, Chief of Police .loe Price, Director of Information Technology Michel Agujia, Director of Parks & Recreation Kaj Dentler, Director of Engineering and Public Works Tom Mason, Airport Director Doug McNeeley, Director of Human Resources Dona Wolf, Director of Finance Paul York, Budget Officer Mike Freda, Chief of Current Planning Lee Phillips, Tourism Coordinator Marantha Edwards, Purchasing Officer Kathy Elgin, Assistant to the Town Manager Nicole Ard, Management Intern Larry DiRe, and Clerk of Council .ludy Ahalt. AGENDA ITEMS A. Invocation by Councilmember McDonald. B. Salute to the flag was led by Vice-Mayor Umstattd. C. Roll Call showing all present. D. r4inutes: On a motion by Councilmember .lackson, seconded by Councilmember Schmidt, the minutes of the April 22, 2002 work session and April 23, 2002 regular session were approved as presented. Presentations: a. Peace Officers Memorial Day - Proclamation Chief of Police Joe Price was present to accept the following proclamation. PROCLAIVlA TXON PEACE OFFr_CERS AfEIVlOR_rAL DA Y MAY 6-12, 2002 WHEREAS, the Congress and the President of the United States have designated May 15th as Peace Officers Memorial Day, and the week in which May 15th falls as National Police Week; and WHEREAS, the members of the Leesburg Police Department play an essential role in safeguarding the rights and freedoms of the Town of Leesburg; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and Town Council Minutes for May 14, 2002 Page 2 WHEREAS, the men and women of the Leesburg Police Department unceasingly provide a vital public service; THEREFORE, the Mayor and Council of the Town of Leesburg, call upon all citizens of Leesburg and upon all patriotic, civic and educational organizations to observe the week of May 12 through 18, 2002, as Police Week with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. FURTHER, RESOLVED, the Mayor and Council call upon all citizens of Leesburg to observe the May 15, 2002, as Peace Officers Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. PASSED this 14th day of May 2002. b. Asian Pacific American Heritage Month - Proclamation PROCLAMA TZON Asian/Pacific American Heritage Month MAY 2002 WHEREAS, President Jimmy Carter signed a joint resolution declaring the first Asian/Pacific American Heritage Week in 1979; and WHEREAS, President George Bush signed an extension of the celebration to a month in 1992; and WHEREAS,, The United States Congress passed Public Law 102-450 in October 1992 designating May of each year as Asian Pacific American Heritage Month; and WHEREAS, Virginia is home to a rich and diverse population, drawing people from nations around the world; and WHEREAS, Asian/Pacific Americans have grown in prominence and population, it is appropriate to recognize their achievements and continued contributions to Loudoun County THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim the month of May of the Year 2002 as Asian/Pacific American Heritage Month in the Town of Leesburg and urge the citizens of Leesburg join in recognizing the contributions made by our Asian/Pacific Americans and to celebrate the role they have played in our national history. PROCLA:[MED this 14th day of Hay 2002. Town Council Minutes for May 14, 2002 Page 3 c. Business Appreciation Week - Proclamation Karen .]ones, Vice-Chair of the Economic Development Commission, was present to accept the following proclamation: PROCLAIVlA TZON Business Appreciation Week May 12th - 18th, 2002 WHEREAS~ the Town of Leesburg is pleased to have a varied and thriving base of business and industry to support the local economy; and WHEREAS, these businesses provide essential employment opportunities for the citizens of Leesburg; and WHEREAS, these businesses provide local revenues from which the entire local citizenry benefit; and WHEREAS, these businesses also make significant contributions in our communities to promote educational opportunities for our children and promote a variety of activities which increase the quality of life of the area; and WHEREAS, we recognize and appreciate these businesses; THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim the week of May ~.2th - May 18th, the Year 2002 as Business Appreciation Week in the Town of Leesburg and urge the citizens of Leesburg to support our local businesses and do their part to support a healthy economic environment for the town of Leesburg PROCLAZMED this 14th day of May 2002. d. National Tourism Week - Proclamation Linda Callaghy, Chair of the Loudoun Convention and Visitors Association, was present to accept the following proclamation: Proclamation National Tourism Week MAY 4th - 12th~ 2002 WHEREAS~ the Town of Leesburg is proud to be the home of key attractions in the tourism industry; and WHEREAS, these local hospitality businesses provide essential employment opportunities and entertainment for the citizens of Leesburg; and WHEREAS, these businesses provide an historical and cultural benefit to the citizens and visitors; and Town Council Minutes for May 14, 2002 Page 4 WHEREAS, the community appreciates the freedom to travel in and around our town, our state, our country and the world; and WHEREAS, we recognize the stress the tourism and hospitality industry has endured since September 11, 2001; and WHEREAS, we are thankful an economic recovery for the travel and tourism businesses is now apparent. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim the week of May 4th - May 12th, the Year 2002 as the 19th Annual National Tourism Week in the Town of Leesburg and urge the citizens of Leesburg to support our local businesses and do their part to support a healthy economic environment for the town of Leesburg PROCLAZF,tED this 14th day of May 2002. e. Certificate of Recognition - Purchaser of the Year - Kathy Elgin - Finance Department Kathy Elgin was presented a certificate of recognition for achievement from the Virginia Association of Governmental Purchasing as "Purchaser of the Yea r". f. Historic Preservation Week - Proclamation & Award Presentation Richard Forbes and Connie Fletcher, the Board of Architectural Review, were present to accept the following proclamation: Proclamation Historic Preservation Week MAY 12th - 18th, 2002 WHEREAS, the richness of Virginia's history is unparalleled across this vast nation; and WHEREAS, historic buildings and places connect us with that history, providing unique character to the town that enhances quality of life, economic development, education, and tourism; and WHEREAS, historic preservation, because it helps instill a sense of community, is relevant for Leesburg's citizens of all ages, all walks of life, and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals who preserve the tangible aspects of the heritage that shape us as citizens of Leesburg and Virginia; and WHEREAS, "The Spirit of the Place" is the theme for National Preservation Week 2002, cosponsored by the Town of Leesburg, the Commonwealth of Virginia and the National Trust for Historic Preservation. Town Council Minutes for May 14, 2002 Page THEREFORE, the Mayor and Council of the Town of Leesburg hereby proclaim May 12-18, 2002, as Historic Preservation Week, and call upon the people of Leesburg to join their fellow citizens in recognizing and participating in this special observance. PASSED~ this 14th day of May 2002. Board of Architectural Review Awards Presentation: Richard Forbes and Connie Fletcher, of the Board of Architectural Review presented the following awards: 2. 3. 4. A Certificate of Recognition to the Virginia Land Advisors A Certificate of Recognition to Mr. & Mrs. David Miles A Certificate of Recognition to Devine Commercial A Certificate of Recognition to Leesburg Storage LLC Plaques were also given to the families of Emory Plaster and Calloway ]ones in honor of their service to the Board of Architectural Review. Fw Petitioners: There were no petitioners. 3oint Public Hearing with the Planning Commission a. ZOAM-02-01 Amending Zoning Ordinance Sections 4D-2, 4D-8 and Article 18 definitions to permit medical offices and veterinary hospitals as by right uses in the O-1 District. - 3oint Public Hearing with Planning Commission. Brian Boucher outlined this zoning ordinance amendment, which would permit medical offices and veterinary hospitals as by right uses in the O-1 district. Planning Commission members Teresa Minchew, Lyle Werner, Charlotte Cable, Bill Zawacki, and Chairman Clifton Vaughn were present, The public hearing opened at 7:46 p.m. There were no petitioners. The public hearing closed at 7:47 p.m. H. Council Comments CouncJlmember McDonald congratulated the Councilmembers-elect and thanked the citizens for their support over the last 4 years. Councilmember Zoldos congratulated the Councilmembers-elect and thanked the citizens for electing him to another term. He further thanked his family, Dave Kennedy, and Jim Kidwell for their support. Councilmember Atwell congratulated the Councilmembers-elect and thanked Mayor Webb and Councilmember McDonald for their service to the town. He further stated that he has enjoyed the time he has spent on Council. Town Council Minutes for May 14, 2002 Page 6 Councilmember Atwell also asked the newly elected Councilmembers and Mayor to meet with the Annexation Committee in order to gain a better understanding of the process. He further recommended that all work on this project be delayed until the newly elected members can be heard from. Councilmember Jackson congratulated the winners of the election. Vice-Mayor Umstattd stated her respect for all the candidates who ran and thanked everyone for a good campaign. She further stated that she would be interested in meeting with the annexation committee and asked that the Loudoun County's committee be invited as well. Vice-Mayor Umstattd asked that staff look into a large broken tree limb and debris in the street at Valley View Avenue and Belmont Drive. Further, she conveyed a request from the Planning Commission that Council reconsider election of their officers in July. Councilmember $chmidt congratulated the Councilmembers-elect and stated the number of votes, with each candidate exceeding 1,000, was impressive. He thanked Mayor Webb, Councilmembers Atwell and McDonald for their service, stating that they will be missed. He reported attending the Dulles Area Transportation Association dinner. He stated the Northern Virginia Referendum was discussed at that meeting and that he is in support of such a referendum that would authorize a 1/2 cent sales tax in Northern Virginia to develop a transportation fund. Councilmember Schmidt also thanked Phil Rodenberg for his speech on the 2007 Jamestown Celebration at the Rotary meeting and stated that he hopes the town will participate. Mayor's C;omments,' Mayor Webb asked staff to draft something in support of the Jamestown Celebration. She also congratulated the winners of the election and thanked all the volunteers involved. Mayor Webb also reminded everyone of the program honoring police officers at the Police Department on May 16th, Councilmember Atwell asked staff to prepare a proclamation for the next meeting to honor the 75th Anniversary of the Leesburg Rotary Club. .1. Manager's Report: Bob Noe reported on a conversation with Don Miller, Arcadia Development, who stated that he is committed to have Mt. Tavistock removed by September. Councilmember Atwell asked for a status report on the Director of Planning & Zoning and Economic Director positions. Mr. Noe stated there is nothing new to report, he is still considering applications and will continue to advertise. He further stated that he hopes to begin phone interviews for the Director of Economic Development by next week. Town Council Minutes for May 14, 2002 Page '7 K. Legislation [ ORD'rNANCES ] On a motion by Vice-Mayor Umstattd, seconded by Councilmember Schmidt, the following motion was proposed: 2002-O-8 ORDZNANCE ZM-2001-05, Stratford Proffer Amendment - to permit an increase in the proffered building height for the multifamily structures in land bay "E" from 45 feet to 52 feet. The motion was adopted by the following vote: Aye: McDonald, Schmidt, Vice-Mayor Umstattd and Mayor Webb Nay: Atwell, .lackson and Zoldos Vote: 4-3 CONSENT AGENDA J On a motion by Councilmember .lackson, seconded by Councilmember Zoldos, the following consent agenda was proposed: 2002-62 RESOLUTZON Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Georgetown Mews. 2002-63 RESOLUTTON Making a reduction and approving a substitute performance guarantee for completion of the public improvements in Dry Mill Subdivision. 2002-64 RESOLUTZON Authorizing agreements and approving performance guarantees and water and sewer extension permits for Lansdowne on the Potomac, Riverside Parkway, Phase 4 & 5 and the Watermain Extension, 2002-65 RESOLUTZON Accepting public improvements, releasing the performance guarantees and approving maintenance guarantees for public improvements at Potomac Crossing, Sections 2A, 3B-1, and the Sanitary sewer Outfall. 2002-66 RESOLUTZON Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Stratford-Ryland, Landbay D. Town Council Minutes for May 14, 2002 Page 8 2002-67 RESOLUTION Authorizing an agreement and approving a performance guarantee and a water extension permit for Potomac Crossing Battlefield Parkway, Phase !!! road improvements. 2002-68 RESOLUTION Authorizing the use of Town Council Chamber by the Loudoun Museum. 2002-69 RESOLUTION Notice of intention to approve and adopt a boundary line adjustment agreement between the County of Loudoun, Virginia and the Town of Leesburg, Virginia and authorizing publication of a notice. The consent agenda was approved 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 Councilmember Zoldos, seconded by Councilmember Schmidt, the following motion was proposed: 2002-70 RESOLUT]:ON SE-2001-9, Lot 11, Cardinal !ndustrial Park - to permit a vehicle display employee parking lot. The motion was approved 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 Jackson, seconded by Councilmember Zoldos, the following motion was proposed: 2002-71 RESOLUTION Approving a change order to the construction contract with Waynesboro Construction Company to replace the existing metal roof at !da Lee Recreation Center for an amount not to exceed $300,000.00. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 Town Council Minutes for May 14, 2002 Page 9 On a motion by Councilmember .lackson, seconded by Vice-Mayor Umstattd, the following motion was proposed: 2002-72 RESOLUT:~ON Adopting the Fiscal Year 2003 new daily admission rates for the Ida Lee Park Recreation Center. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember Schmidt, seconded by Councilmember .lackson, the following motion was proposed: 2OO2-73 R£$OLUTZON Adopting the budget, General Fund in the amount of $32,441,389, Utilities Fund in the amount of $26,773,169, Airport fund in the amount of $1,215,341, and Capital Projects fund in the amount of $3,041,000, setting the tax rate and making appropriations for the fiscal year ending .lune 30, 2003. The motion was adopted by the following vote: Aye: Atwell, Jackson, Schmidt, Zoldos and Mayor Webb Nay: McDonald and Vice-Mayor Umstattd Vote: 5-2 On a motion by Councilmember .lackson, Seconded by Councilmember Zoldos, the following motion was proposed: 2002-74 RESOLUTe'ON Amending the pay and classification plan, The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos and Mayor Webb Nay: Vice-Mayor Umstattd Vote: 6-1 On a motion by Councilmember Zoldos, seconded by Vice-Mayor Umstattd, the following motion was proposed: 2002-75 RESOLUT]:ON Supporting continuation of the Northern Virginia Regional Partnership. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb Town Council Minutes for May 14, 2002 Page 10 Lm Nay: None Vote: 7-0 Boards and Commissions M. New Business Councilmember Jackson made a motion, seconded by Councilmember Zoldos, to remove a dead pine tree in the easement at 119 Harrison Street. 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 Closed Session: Bill Donnelly stated a closed session is needed to discuss a legal matter involving a potential lawsuit and is unrelated to annexation. On a motion by Mayor Webb, seconded by Councilmember Zoldos, the following motion was proposed: Pursuant to Sections 2.2-3711(A)(7), of the Code of Virginia, ! move that the Leesburg Town Council convene in a closed meeting for discussion of a legal matter. The motion was approved by the following vote Aye: Atwell, 3ackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: Vice-Mayor Umstattd Vote: 6-1 Council convened in a closed session at 8:55 p.m. Council reconvened in a regular session and a motion by Mayor Webb, seconded Councilmember McDonald, was proposed: Tn accordance with Section 2.1-344.! of the Code of Virginia, [ 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 Tnformation Act and such public business maters 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 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 May 14, 2002 Paqe 1! On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald, authorization was given to the Town Attorney to settle the case discussed in closed session. 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 9:35 p.m. Mayor Town of Leesburg ATTEST: of Council