HomeMy Public PortalAbout2002_07_01COUNCIL MEETING July 1, 2002
Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Umstattd presiding.
Councilmembers Present: Mervin Jackson, Melinda Kramer, Marry Martinez, Dave
Schmidt, Robert Zoldos, and Mayor Umstattd.
Councilmembers Absent:
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 Human Resources Dona Wolf, Director of
Economic Development Lara Vande Walle, Assistant to the Town Manager Nicole Ard,
Management intern Adam Brown, Assistant to the Clerk of Council Deborah Parry,
and Clerk of Council Judy Ahalt
AGENDA [TENS
B.
C.
D.
E.
Tnvocation by Councilmember Zoldos
Salute to the Flag was led by Mayor Umstattd.
Roll Call showing all present.
Mayor's Greeting:
Legislation:
1. Makinq an appointment to fill a vacancy on the Town Council
Mayor Umstattd opened the floor to nominations.
Councilmember Zoldos stated Council should follow the procedure,
established in 1992, of appointing the candidate who received the 4th highest
number of votes, Leonard McDonald.
Mayor Umstattd stated she would be nominating Frank Buttery to fill
the vacancy on the Town Council.
Councilmember Schmidt nominated Lyle Werner citing her
contributions to the Planning Commission and the community.
That nomination failed for lack of a second.
On a motion by Councilmember Zoldos, seconded by Councilmember
Jackson, the following motion was proposed:
RESOLUTTON
Appointing Leonard McDonald to fill the vacancy on the Town Council
Town Council Meeting Minutes for July 1, 2002 Page 2
The motion failed by the following vote:
Aye: Jackson, Schmidt and Zoldos
Nay: Kramer, Martinez and Mayor Umstattd
Vote: 3-3
On a motion by Mayor Umstattd, seconded by Councilmember
Martinez, the following motion was proposed:
2002-114
RESOLUTION
Appointing Frank Buttery, Jr. to fill the vacancy on the Town Council
The motion was approved by the following vote:
Aye: Kramer, Martinez and Mayor Umstattd
Nay: $chmidt and Zoldos
Vote: 3-2-1 (Jackson abstaining)
2. Appointinq a Vice-Mayor
2002-115
RESOLUTZON
Appointing a Vice-Mayor
Mayor Umstattd opened the floor to nominations
Councilmember Schmidt nominated Councilmember Zoldos to fill the
position of Vice-Mayor citing his tenure on Council and his dedication to the
Town.
CouncJlmember Jackson seconded the nomination.
Councilmember Martinez nominated Councilmember Jackson to fill the
position of Vice-Mayor citing his previous tenure on the Planning Commission
and his dedication to the Town,
On a motion by Councilmember Schmidt, seconded by Councilmember
Jackson the following motion was proposed:
Appointing a Vice-Mayor - Robert Zoldos
The motion failed by the following vote:
Aye: Jackson, Schmidt and Zoldos
Nay: Kramer, Martinez and Mayor Umstattd
Vote: 3-3
On a motion by Councilmember Martinez, seconded by Councilmember
Kramer the following motion was proposed:
Appointing a Vice-Mayor - Mervin Jackson
The motion was approved by the following vote:
Aye: Kramer, Martinez and Mayor Umstattd
Nay: $chmidt and Zoldos
Vote: 3-2-1 (Jackson abstaining)
Town Council Meeting Minutes for July 1, 2002 Page 3
3. Makinq Councilmanic Appointments to the Town's Boards &
Commissions.
2002-116
RESOLUTTON
Making Councilmanic appointments to the Town's Boards & Commissions
Mayor Umstattd opened the floor to volunteers for each Commission.
Councilmember Zoldos and Martinez both asked to be the councilmanic
representative for the Airport Commission.
Mayor Umstattd suggested this be put to a vote.
Councilmember Martinez, seconded by Vice-Mayor Jackson, proposed
the following motion:
Councilmember Robert Zoldos be named as the Councilmanic
representative to the Airport Commission.
The mOtion was approved by the following vote
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 6-0
The other appointments were as follows:
Airport Commission: Robert Zoldos
Balch Library Commission: Melinda Kramer
Board of Architectural Review: Mervin Jackson
Cable Advisory Commission: Frank Buttery
Economic Development Commission: David Schmidt
Environmental Advisory Commission: Melinda Kramer
Tnformation Technology Commission: Robert Zoldos
Parks and Recreation Commission: Fernando "Marty" Martinez
Planning Commission: Kristen Umstattd
Tree Commission: David $chmidt
Residential Traffic Committee: Mervin Jackson
Dulles Area Transportation Authority: Fernando "Marry" Martinez
Northern Virginia Regional Commission: Kristen Umstattd
Northern Virginia Transportation Authority: David Schmidt
Annexation Area Development Policy: Kristen Umstattd
Mervin Jackson
Virginia Municipal League/National League of Cities: David Schmidt
4. Makinq Appointments to Boards & Commissions
RESOLUTTON
Making appointments to Boards & Commissions
Mayor Umstattd asked that Councilmembers Martinez, Zoldos and
Kramer make their nominations individually and that each be voted on
individually.
Town Council Meeting Minutes for July 1, 2002 Page 4
2002-:t::1.8
RESOLUTION
Making appointments to the Airport Commission
Councilmember Martinez, seconded by Mayor Umstattd nominated .Bob
Jones for appointment to the Airport Commission.
That motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
Councilmember Zoldos, seconded by Councilmember Kramer,
nominated David Burton for re-appointment to the Airport Commission.
That motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
Councilmember Kramer, seconded by Councilmember Martinez,
nominated $id Lissner for appointment to the Airport Commission.
That motion was approved by the following vote:
Aye: Jackson, Kramer, IVlartinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
Mayor Umstattd, seconded by Councilmember Zoldos, nominated
Steve Axeman, Sr. for appointment to the Airport Commission.
That motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 6-0
2002-1:~9
RESOLUTION
Making appointments to the Thomas Balch Library Commission
Councilmember Martinez, seconded by Mayor Umstattd, nominated
Martha Schonberqer, for appointment to the Thomas Balch Library
Commission.
Town Council Meeting Minutes for July 1, 2002 Page 5
James
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 6-0
Councilmember Zoldos, seconded by Mayor Umstattd, nominated
Hershman, for re-appointment to the Thomas Balch Library
Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, $chmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 6-0
Councilmember Kramer, seconded by Councilmember Zoldos,
nominated Francis Fera for re-appointment to the Thomas Balch Library
Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
Mayor Umstattd, seconded by Councilmember Zoldos, nominated
Thomas C. Marshall for appointment to the Thomas Balch Library
Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
2002-:~20
RESOLUTION
Making appointments to the Board of Architectural Review
Councilmember Martinez, seconded by Councilmember Zoldos,
nominated Bobble Elliot for appointment to the Board of Architectural Review.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
Councilmember Zoldos, seconded by Councilmember Schmidt,
nominated Teresa Minchew for appointment to the Board of Architectural
Review.
Town Council Meeting Minutes for July 1, 2002 Page 6
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 6-0
Councilmember Kramer, seconded by Councilmember Martinez,
nominated Suzanne Kidney for appointment to the Board of Architectural
Review.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, $chmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 6-0
Mayor Umstattd, seconded by Councilmember Martinez, nominated
Cathleen Burk for appointment to the Board of Architectural Review.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 6-0
2002-;L21
RESOLUTION
Making appointments to the Economic Development Commission.
Councilmember Martinez, seconded by Mayor Umstattd, nominated
Katie Hammler for appointment to the Economic Development Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, $chmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 6-0
Councilmember Zoldos, seconded by Councilmember Kramer,
nominated Tom Dunn for re-appointment to the Economic Development
Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 6-0
Councilmember Kramer, seconded by Councilmember Schmidt,
nominated Bill Michell for appointment to the Economic Development
Commission.
Town Council Meeting Minutes for July 1, 2002 Page 7
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 6-0
Mayor Umstattd, seconded by Councilmember Zoldos, nominated
Karen Jones for re-appointment to the Economic Development Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 6-0
2002-::L22
RESOLUTION
Making appointments to the Environmental Advisory Commission
Councilmember Martinez, seconded by Councilmember Zoldos,
nominated Greg Phillips for appointment to the Environmental Advisory
Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 6-0
Councilmember Zoldos, seconded by Councilmember Martinez,
nominated George Panos, for re-appointment to the Environmental Advisory
Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 6-0
Councilmember Kramer, seconded by Councilmember Martinez,
nominated Gem Bingol, for appointment to the Environmental Advisory
Commission.
Councilmember Schmidt expressed concern with the appointment of
Ms. Bingol, stating her employment with the Piedmont Environmental Council
already gives her substantial input, and her appointment takes away an
opportunity for another citizen to participate.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: Schmidt
Vote: 5-1
Town Council Meeting Minutes for July 1, 2002 Page 8
Mayor Umstattd, seconded by Councilmember Martinez, nominated
John Elgin for appointment to the Environmental Advisory Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
2002-::L23
RESOLUTION
Making appointments to the Information Technology Commission
Councilmember Martinez, seconded by Councilmember Kramer,
nominated Steve Lewkovich for appointment to the Information Technology
Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
Councilmember Zoldos, seconded by Vice-Mayor Jackson, nominated
James Russell for re-appointment to the information Technology Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
Councilmember Kramer, seconded by Councilmember Zoldos,
nominated Mike Rodgers for re-appointment to the Information Technology
Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
Mayor Umstattd, seconded by Councilmember Martinez, nominated
Sandra Smallwood for appointment to the information Technology
Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
Town Council Meeting Minutes for July 1, 2002 Page 9
2002-124
RESOLUTION
Making appointments to the Parks and Recreation Advisory Commission.
Councilmember Martinez, seconded by Councilmember Zoldos,
nominated Rob Fulcer for appointment to the Parks and Recreation Advisory
Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
Councilmember Zoldos, seconded by Vice-Mayor Jackson, nominated
Perry Ballard for re-appointment to the Parks and Recreation Advisory
Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
Councilmember Kramer, seconded by Councilmember Zoldos,
nominated Laurie Burke for appointment to the Parks and Recreation Advisory
Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, $chmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
Mayor Umstattd, seconded by Councilmember Martinez, nominated
Sarah Wiley for appointment to the Parks and Recreation Advisory
Commission,
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
2002-125
RESOLUTION
Making appointments to the Planning Commission
Councilmember Martinez, seconded by Councilmember Zoldos,
nominated Bridgett Banqert for appointment to the Planning Commission,
Town Council Meeting Minutes for July 1, 2002 Page 10
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
Councilmember Zoldos, seconded by Vice-Mayor Jackson, nominated
John David Kennedy for re-appointment to the Planning Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, $chmidt, Zoldos, and Mayor Umstattd
Nay: Martinez
Vote: 5-1
Councilmember Kramer, seconded by Councilmember Martinez,
nominated Earl Hoovler for appointment to the Planning Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, $chmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
Mayor Umstattd, seconded by Councilmember Zoldos, nominated
James E. Clem for appointment to the Planning Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, $chmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
2002-126
RESOLUTION
Making appointments to the Tree Commission
Councilmember Martinez, seconded by Councilmember Zoldos,
nominated Pete Bessa for appointment to the Tree Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
Councilmember Zoldos, seconded by Councilmember Schmidt,
nominated Kathleen Burke-Prichard for re-appointment to the Tree
Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Town Council Meeting Minutes for July 1, 2002 Page 11
Vote: 6-0
Councilmember Kramer, seconded by Mayor Umstattd, nominated
Debbie Perry for appointment to the Tree Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
Mayor Umstattd, seconded by Councilmember Kramer, nominated
Doug Goolsby for re-appointment to the Tree Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
2002<1.27
RE$OLUTON
Making appointments to the Cable Television Advisory Commission.
Councilmember Martinez stated he was not ready to make a
nomination at this time.
Councilmember Zoldos, seconded by Councilmember Kramer,
nominated Billy Fiske for re-appointment to the Cable Television Advisory
Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
Councilmember Kramer, seconded by Councilmember Zoldos,
nominated Chuck Shotton for re-appointment to the Cable Television Advisory
Commission.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
Mayor Umstattd, seconded by Councilmember Zoldos, nominated
Richard Herndon for re-appointment to the Cable Television Advisory
Commission,
Town Council Meeting Minutes for July 1, 2002 Page 12
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
Vice-Mayor Jackson, seconded by Councilmember Kramer, nominated
Liz Whitinq, Andrew McClellan, Rick L, Knight, and Wayne Henderson for
re-appointment to the Standing Residential Traffic Committee,
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos, and
Mayor Umstattd
Nay: None
Vote: 6-0
5. Directinq Town Attorney to consult with Loudoun County and to
I~repare appropriate leqislation for Council consideration as
possible vote at the July 22"d - 23rd Council rneetinqs to
withdraw town petition and support for annexation.
Mayor Umstattd stated that she was bringing two resolutions forward,
option A & B. She further stated that option A, would simply withdraw the
annexation petition and withdraw support for the landowner's petition while
option B, would withdraw the annexation petition and reject the landowner's
annexation petition.
Mayor Umstattd made a motion for approval of option A, which failed
for lack of a second.
On a motion by Councilmember Kramer, seconded by Councilmember
Martinez, the following motion was proposed as option B:
RESOLUTI:ON
Directing the Town Attorney to consult with Loudoun County and to
prepare documents for consideration by the Town Council to withdraw the
Town's annexation petition, with the right to refile at any time [within a
reasonable time], and to reject the landowner's annexation petition.
Councilmember Zoldos stated this action is flawed and premature. He
further stated that Council voted for a continuance to allow for more time on
June 26th,
Councilmember Martinez stated he was voted into office because he
opposed annexation and would be supporting this resolution.
Councilmember Schmidt stated he cannot support this resolution,
because it is not in the best interests of the town.
Mayor Umstattd stated that this resolution only directs the Town
Attorney to prepare documents.
Town Council Meeting Minutes for July 1, 2002 Page 13
The motion failed by the following vote
Aye: Kramer, Martinez and Mayor Umstattd
Nay: Jackson, Schmidt and Zoldos
Vote: 3-3
6. Settinq the Town Council calendar.
On a motion by Councilmember Zoldos, seconded by Councilmember
Kramer the following motion was proposed:
2002-117
RESOLUTTON
Setting the Town Council calendar
Councilmember Zoldos asked that the motion be amended to change
the start time of the worksession meetings to 7:30 p.m.
The amended motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 6-0
F. Councilmember Comments
Councilmember Schmidt congratulated Vice-Mayor Jackson and
Councilmember Frank Buttery.
He further stated he would bring two resolutions forward at the next meeting.
The first to formally recognize the process of scheduling non-regular Council
meetings and the second to state the Council's intent to use the Pledge of Allegiance
in the un-edited form.
Councilmember Martinez stated his appreciation for being elected to Council.
Councilmember Zoldos and Vice-Mayor Jackson had no comment.
Councilmember Kramer stated she is humbled by the number of volunteers
willing to serve on the Town's boards and commissions.
G. t4ayor's Comments
Mayor Umstattd stated her delight with the courtesy the Council has shown to
one another during the appointment process. She also asked Council to think about
the system currently in use for making appointments to boards and commissions and
discuss, at a later date, if there is a need to change that process.
Councilmember Kramer stated there might be a way to have a formal
reappointment pool which new Councilmembers could pull from to make their
nominations.
H, t4anager's Report
Bob Noe introduced Lara Vande Walle, the Town's new Director of Economic
Development.
Town Council Meeting Minutes for July 1, 2002 Page 14
1. Discussion of Shellhorn Property
Mr. Noe outlined the issue and the County's desire to have utilities
extended to the Shellhorn tract.
Tom Mason pointed out the exact area of the Shellhorn tract on a map
and stated that as a result of the County's new jail on their 92 acre property
the burn center will have to be moved to the Shellhorn tract.
Councilmember Kramer stated there doesn't seem to be a choice, if
the town wants the jail moved we have to extend the water and sewer.
Mr. Noe stated the County would like to have a timely decision on this.
It was the consensus of Council to discuss the issue at the next
worksession and a possible vote for the following night.
2. Discussion of Council retreat
Bob Noe stated the importance of the Council retreat. He further
stated the fee would be between $4,000 - $5,000 for a day and a half retreat.
Mayor Umstattd stated the downtown consultant and the charette will
be coming up and asked if Council would like to add another thing to their
schedule.
Councilmember $chmidt stated the experience of the last retreat was
very beneficial, but a retreat is not worth having if there is not 100%
participation from Council.
Mayor Umstattd stated Councilmember Schmidt makes a good point
about participation. She further stated that she would only support a retreat
if a press briefing were made a part of it.
It was the consent of Council to discuss this item at a later meeting.
T. New Business
None
The meeting adjourned at 8:38 p.m.
ATTEST:
lerk of Council
.1: clerk/minutes/tcmin070102
~Cn~t-eh C. Utnstattd, Mayor
Town of Leesburg