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HomeMy Public PortalAbout2002_05_29COUNCIL MEETING May 29, 2002 Council Chambers, 25 West Market Street, 7:30 p.m. Vice-Mayor Umstattd presiding. Councilmembers Present: George Atwell, Mervin Jackson, Leonard McDonald, David Schmidt, Vice-Mayor Kristen Umstattd, and Robert Zoldos. Councilmembers Absent: 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 Finance Paul York, Director of Human Resources Dona Wolf, Tourism Coordinator Marantha Edwards, Assistant to the Town Manager Nicole Ard, Management Interns Adam Brown and Larry DiRe, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Councilmember Schmidt. B. Salute to the Flag was led by Councilmember Atwell. C. Roll Call showing Mayor Webb absent. D. Minutes: On a motion by Councilmember McDonald, seconded by Councilmember Zoldos, the minutes of the May 13, 2002 Work Session were approved with minor edits given to the Clerk by Councilmember Schmidt. On a motion by Councilmember McDonald, seconded by Councilmember Zoldos, the minutes of the May 14, 2002 regular meeting were approved with minor edits given to the Clerk by Councilmember Schmidt, Presentations: a. Certificate of Appreciation - James Timbers Vice-Mayor Umstattd read a certificate of appreciation for ]ames Timbers for his service on the Leesburg Parks and Recreation Commission. b. 75th Anniversary, Rotary Club of Leesburg - Proclamation The following proclamation was presented to Tom Gates on behalf of the Rotary Club of Leesburg. PROCLAMA T. TON OF CONGRA TULA T. TONS 75th Anniversaryz Rotary Club of Leesburg MAY 24, 2002 WHEREAS, the Rotary Club of Leesburg, Virginia was chartered May 24, 1927; and Town Council Minutes for May 29, 2002 Page 2 WHEREAS, the Rotary Club of Leesburg placed a Christmas tree in the Courthouse yard December 1927 and continued to do so most every year since; and WHEREAS,, the Rotary Club of Leesburg reached a world record of 288 consecutive 100 per cent attendance meetings in August 1933, which still stands; and WHEREAS, the Rotary Club of Leesburg has hosted such speakers as General "Billy" Mitchell, Ambassador Patrick .1. Hurley, Senator Clinton P. Anderson, T. Coleman Andrews, Director of Internal Revenue, and General George C. Marshall; and WHEREAS, the Rotary Club of Leesburg is responsible for the building of The Rotary Park on North Street and a number of other projects; sponsored two Ambassadorial Scholars; founded the Rotary Clubs of Herndon, Fairfax, Purcellville and Leesburg Daybreak, and has contributed to the community of Leesburg and its children with scholarships, and the world with its efforts to eradicate polio from every country. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby congratulate the Rotary Club of Leesburg on their 75th anniversary and urge the citizens of Leesburg join in recognizing the contributions made by the Rotary Club of Leesburg and to celebrate the role they continue to play in the history of our community. PROCLAZMED this 29th day of May 2002. C. 10th Annual National Trails Day - Proclamation Councilmember Zoldos accepted the following National Trails Day proclamation on behalf of the Parks and Recreation Commission. PROCLAMA TZON I 0th ANNUAL NATZONAL TRAZLS DA Y JUNE 1, 2002 WHEREAS, the American Hiking Society has established June 1, 2002 as the 10th Annual National Trials Day; and WHEREAS, this recognition is endorsed by the Northern Virginia Regional Park Authority which encourages all Northern Virginia municipalities to participate; and WHEREAS, the Town of Leesburg recognizes the importance of developing and maintaining a trails system in our community; and WHEREAS, trails systems connect people, parks, and communities while enhancing the natural environment; and Town Council Minutes for May 29, 2002 Page 3 WHEREAS, the use of trails provides a positive, leisure recreation opportunity which can improve the health and quality of life for the members of our community. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby recognize Saturday, June 1, 2002 as the :LOth Annual National Trails Day and encourage the citizens of Leesburg to celebrate by participating in their choice of activities and experiences using our public trails system. PROC:LATMED this 29th day of Hay 2002. F. Petitioners Alfred Willis addressed Council with reference to the proposed addition to the Loudoun Rescue Squad on Catoctin Circle. He stated the Loudoun Rescue Squad is expanding and needs an additional five-foot buffer to comply with the Zoning Ordinance. He asked the Town to deed five feet of space along the skate park property to Loudoun Rescue. Council supported this request and asked that this issue return to the June :10, 2002 work session. There were no other petitioners. The petitioner's section closed at 7:50 p.m. G, Public Hearing None H, Council Comments Councilmember McDonald thanked the community for their support during the recent election and during the loss of his mother. He also commented he was pleased to see that work has begun on the Fairview Street improvements. Councilmember Zoldos had no comment. Councilmember Atwell had no comment. Councilmember Jackson had no comment. Councilmember Schmidt thanked Representative Frank Wolf for securing an additional $:L20,000,000 in transportation funds. He stated Scott York is working to apply some of those funds to Loudoun County. Councilmember $chmidt congratulated his son, Willie, on winning the 400-meter competition on May 19th. Vice-Mayor Umstattd urged board and commission members to provide a letter of intent to the Clerk of Council by June 14th. Also, resumes should be submitted by citizens interested in an appointment to a board or commission. Town Council Minutes for May 29, 2002 Paqe 4 She stated that the Council organizational meeting will be .luly Ist and that Council nominations will be discussed. The Vice-Mayor stated that she has received a lot of public comment on the filing of her Council seat. Names mentioned were Frank Buttery, Leonard McDonald, Lyle Werner, Kelly Burke, and Doug Goolsby. Mayor's Comments Mayor Webb was absent from the meeting. Manager's Comments Bob Noe announced that Lara L. Vande Walle has accepted the position as Director of Economic Development. Mr. Noe proposed September 4-12 and November 16-24, 2002 as dates for the Russian Leadership Program. K. Legislation: ORDZNANCES I On a motion by Councilmember Schmidt, seconded by Councilmember Zoldos, the following motion was proposed: 2002-0-8 ORDTNANCE ZOAM-02-0:[ Amending the 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. The motion was adopted by the following vote: Aye: Atwell, .lackson, McDonald, Schmidt, Zoldos, and Vice-Mayor Umstattd Nay: None Vote: 6-0-1(Webb absent) CONSENT AGENDA On a motion by Councilmember Zoldos, seconded by Councilmember McDonald, the following consent agenda was proposed: 2002-75 RESOLUTTON Approving a substitute performance guarantee for Stowers, Phase 1, Section 2. 2002-76 RESOLUTZON Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Stratford-Ryland, Landbay C. 2002-77 RESOLUTTON Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for the Hamlet at Leesburg. Town Council Minutes for May 29, 2002 Page 2002-78 RESOLUTZON Accepting public improvements, releasing the performance guarantee and approving a maintenance guarantee for public improvements at Potomac Crossing Recreation Center. 2002-79 RESOLUTION Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Landsdowne on the Potomac, Section 42 and 43. 2002-80 RESOLTU?ON Authorizing an agreement and approving a performance guarantee and a water extension permit for the McKinley Building. 2002-81 RESOLUTION Correcting Resolution No. 2002-69 regarding 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 adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos and Vice-Mayor Umstattd. Nay: None Vote: 6-0-! (Webb absent) REGULAR AGENDA On a motion by Councilmember Schmidt, seconded by Councilmember Zoldos, the following motion was proposed: 2002-82 RESOLTU?ON Supporting the Northern Virginia sales tax referendum. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, and Zoldos Nay: Vice-Mayor Umstattd Vote: 5-1-! (Webb absent) On a motion by Councilmember Schmidt, seconded by Councilmember McDonald, the following motion was proposed: 2002-83 RESOLUTION Requesting the Virginia Department of Transportation to re-establish the Route 7/15 Bypass widening project and maintain Battlefield Parkway project construction schedule in the Virginia Transportation Development Plan for fiscal years 2002-2003 through 2007-2008. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos and Vice-Mayor Umstattd, Nay: None Vote: 6-0-1 (Webb absent) Town Council Minutes for May 29, 2002 Page 6 On a motion proposed by Councilmember Zoldos, seconded by Councilmember Jackson, the following motion was proposed: 2002-84 RESOLUTION Authorizing the payment to Troutman, Sanders, Mays, and Valentine, the annexation counsel, in the amount of $:[52,081.61 for annexation services and making an appropriation of funds. The motion was adopted by the following vote: Aye: Atwell, Jackson, IVlcDonald, $chmidt, Zoldos, and Vice-Mayor Umstattd. Nay: None Vote: 6-0-:[ (Webb absent) On a motion by Councilmember Jackson, seconded by Councilmember McDonald, the following motion was proposed: 2002-85 RESOLUTION Approving the pick up of the employee's contribution to the Virginia Retirement System for past service credit under Subsection 4:[4(b) of the Internal Revenue Code. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, and Vice-Mayor Umstattd Nay: None Vote: 6-0-:[ (Webb absent) L. BOARDS AND COI~IMTSSTONS [4. NEW BUSTNESS On a motion by Councilmember Schmidt, seconded by Councilmember McDonald, the following motion was proposed: 2002-86 RESOLUT:ZON Authorizing the Town Manager to execute a contract with MCA Urban Planning for a downtown business development strategy and implementation plan billable at a fee not to exceed $58,577,00 and authorizing the Town Manager to execute a contract with The Northern Virginia Regional Commission for a charrette not to exceed $20,000,00, The motion was adopted by the following vote: Aye: Atwell, McDonald, Schmidt, Zoldos and Vice-Mayor Umstattd Nay: Jackson Vote: 5-1-:[ (Webb absent) The following motion was proposed by Councilmember Zoldos, seconded by Councilmember Jackson, and amended by Councilmember Schmidt: Authorizing the Town Manager to cash a $36,000 check from Adelphia Cable and further authorizing the Town Manager, with advice from the Town Attorney, to handle any further negotiations with Adelphia Cable. Town Council Minutes for May 29, 2002 Page ? The motion was adopted by the following vote: Aye: Atwell, .]ackson, McDonald, Schmidt, Vice-Mayor Umstattd and Zoldos Nay: None Vote: 6-0-1 (Webb absent) The meeting adjourned at 8:27 p.m. Town of Leesburg ATTEST: erk of Council ~l:tcmin052902