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Home My Public Portal About2002_07_23COUNCIL MEETING July 23, 2002 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Frank Buttery, Mervin Jackson, Melinda Kramer, Marry Martinez, David Schmidt, Robert Zoldos, and Mayor Kristen Umstattd. Councilmembers Absent: None 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 Parks and Recreation Kaj Dentler, Chief of Police Joe Price, Director of Planning and Zoning Development Susan Swift, Airport Director Doug McNeeley, Chief of Engineering Paul Gauthier, Transportation Engineer Calvin Grow, Zoning Administrator Brian Boucher, Tourism Coordinator Marantha Edwards, Senior Planner Nancy Kitchens, Assistant to the Town Manager Nicole Ard, and Clerk of Council Judy Ahalt. AGENDA ITEMS B. C. D. Tnvocation by Vice-Mayor Jackson. Salute to the Flag was led by Councilmember Kramer. Roll call showing all present. Minutes: On a motion by Councilmember Schmidt, seconded by Councilmember Zoldos, the minutes of the July 1, 2002 meeting were approved with minor edits by a vote of 6-0-1 (Buttery abstaining). On a motion by Councilmember Zoldos, seconded by Vice-Mayor Jackson, the minutes of the July 8, 2002 meeting were approved with minor edits by a vote of 6- 0-1 (Buttery abstaining). E. Presentation: On a motion by Vice-Mayor Jackson, seconded by Councilmember Buttery the following presentations were made. Resolution of Appreciation - Reverend Gene Frame the following proclamation was presented to Reverend Frame. RESOLUTION OF APPRECIATION Reverend Gene Frame WHEREAS, Reverend Gene Frame volunteered to become one of the first police chaplains for the Leesburg Police Department; and WHEREAS, Reverend Frame has faithfully served as Chaplain by ministering to many of our police officers; and Town Council minutes for July 23, 2002 Page WHEREAS, Reverend Frame has provided solace to families within our community while assisting the Police Department with death notifications; and WHEREAS, Reverend Frame joined and completed the first Community Oriented Police Studies (COPS) class conducted by the Leesburg Police Department; and WHEREAS, Reverend Frame became an originating and charter member of the Leesburg Police Department Citizens Support Team ]:nc.; and WHEREAS, Reverend Frame has for many years assisted the Leesburg Police Citizens Support Team with numerous community support events such as neighborhood watch patrols; traffic control during emergencies including street closures at fire scenes and/or special events such as parades and town festivals; searches for lost children, adults and occasional criminal being sought by the police; public safety days for our children; volunteering time for events like Special Olympics fund-raisers; and WHEREAS, Reverend Frame has contributed over 600 hours of volunteer service toward the betterment of the quality of life within the Town of Leesburg and to it's citizens. THEREFORE, RESOLVED the Mayor and Council of the Town of Leesburg in Virginia hereby recognize Reverend Gene Frame for his dedication to serving the residents of Leesburg, the Leesburg Police Department and the Leesburg Police Citizens Support Team. RESOLVED this 23rd day of July 2002. b. Resolution of Valor - .lames Scambos Mayor Umstattd stated that a copy of the following resolution will be sent to the Scambos family. RESOLUTION o£ VALOR WHEREAS, On July 6th, 2002 United Airlines Pilot, ]ames M. Scambos, sacrificed his life while attempting to safely land his private plane; and WHEREAS, his plane landed in the driveway of 4:[5 Tudor Court, NE Leesburg without loss of life or damage to property on the ground; and WHEREAS, his years of skill aided him in saving the lives of many residents of Leesburg as well as the life of his own son; and WHEREAS, his regard for human life and selflessness is an inspiration to all. THEREFORE, the Mayor and Town Council of Leesburg in Virginia hereby honor the heroic efforts of ]ames M. Scambos and offer heartfelt condolences to his family. Further, the Mayor and Town Council ask that this Town Council minutes for July 23, 2002 Page 3 Resolution of Valor be spread upon the minutes of this meeting and a copy be presented to the Scambos family. RESOLVED this 23rd day of July 2002. c. Certificate of Appreciation to Corporate Sponsors of July 4th - Leesburg Today, Tire Shop and Toth Financial Mayor Umstattd presented certificates and plaques to Norman Styer of Leesburg Today and Mr. & Mrs. Toth of Toth Financial. d. Certificate of Recognition - Citizens, Law Enforcement, Fire & Rescue and Town Staff Mayor Umstattd presented Certificates of Recognition, for their efforts at the site of the July 6th plane crash involving Mr. James Scambos and his son, to the residents of Tudor Court, a resident of Georgetown Court, members of the Loudoun County Department of Fire and Rescue, members of the Loudoun Volunteer Rescue, members of the Ashburn Volunteer Fire Company, members of the Hamilton Volunteer Fire Company and Volunteer Rescue, members of the Leesburg Volunteer Fire Company, rescue workers Todd and Dwight Crone, member of the State Police, members of the Loudoun County Sheriff's Department, members of the Leesburg Police Department and Support Team, Leesburg Executive Airport Staff, Scott Lincoln of the Leesburg Utilities Department and Bill Allison, Bob Lilly and Robert Ferris of the Leesburg Engineering & Public Works Department. Petitioners: The petitioners section opened at 7:55 p.m. ].B. Anderson, addressed Council urging action be taken to maintain the Town Branch. He provided a slide presentation showing the lack of care by the Town and resulting flooding. Mayor Umstattd asked that this issue be addressed at the next Council Work Session Mr. Noe ensured Mr. Anderson that the Town will respond. He further stated Council approved funding for work on the Town Branch in the 2003 Mayor Umstattd directed staff to clean the creek to cut down on further flooding. Councilmember Kramer stated Mr. Anderson's input on the matter would be beneficial to the Environmental Advisory Commission. Steve Axeman, Chairman, Leesburg Airport Commission, thanked Council for his appointment to the Airport Commission and encouraged the citizens and Council to attend the Commission's meetings. The petitioner's section closed at 8:15 p.m. G. Public Hearing None Town Council minutes for .luly 23, 2002 Page 4 H. Council Comments Councilmember Schmidt expressed his appreciation for the actions of the citizens who were honored tonight for the assistance they provided at the site of the airplane crash on June 6th, He thanked Paul Gauthier for his briefing on the Southeast traffic alternatives at the work session and stated this is one of the serious challenges facing Leesburg. Further, he stated that a potential solution for some of the Leesburg's traffic problems is the half-cent tax increase initiative, which will be on the ballot for this fall. Councilmember Martinez stated he visited many of the Loudoun County parks with the Loudoun County Parks & Recreation Advisory Board. He further stated he received many positive remarks about Freedom Park and the new soccer fields at Tda Lee. Councilmember Zoldos expressed his appreciation and thanks to the many fire and rescue, law enforcement and citizens who came together on July 6th and their cooperative efforts during the rescue effort. He also complimented the Airport staff for responding to the site of the crash. Further, he will be addressing topics about South East Leesburg alternatives and a possible boundary line adjustment under new business. Vice-Mayor .lackson had no comment. Councilmember Buttery stated it was good to be back on the Town Council. Further, he thanked those recognized at tonight's meeting and commented on the service of Chief diZerega. Councilmember Kramer had no comment. T. Mayor's Comments Mayor Umstattd congratulated those recognized tonight and commented on the level of cooperation that was shown at the site of the plane crash. She informed Council of a letter at their place from John Rixy which addresses the Coalition of Loudoun Towns resolution of last week. The Resolution stated due to concerns with the sources of data used in the Health Care Task Force report, the Coalition of Loudoun Towns will not endorse the report. 3. Manager's Report Bob Noe introduced Susan Swift, the new director of Planning, Zoning and Development. He further stated that a letter was sent to Exeter residents stating the street barricades will be removed on August 1st. K. Legislation: CONSENT AGENDA Town Council minutes for ~luly 23, 2002 Page On a motion by Councilmember Buttery, seconded by Councilmember Zoldos, the following consent motion was proposed: 2002-139 RESOLUTION Authorizing an agreement and approving a performance guarantee for the Stratford- Ryland Recreation Center. The consent motion was adopted by the following vote: Aye: Buttery, Vice-Mayor Jackson, Kramer, Martinez, Schmidt, Zoldos, and Mayor Umstattd Nay: None Vote: 7-0 REGULAR AGENDA ] On a motion by Councilmember $chmidt, seconded by Councilmember Kramer, the following motion was proposed: 2002-140 RESOLUTION Overturning the Zoning Administrator's interpretation of the composition of the neighborhood retail convenience center for #ZM-90 Greenway Farm planned residential neighborhood. Mayor Umstattd read a letter received by Mr. Sevila which stated the conditions they would agree to. Councilmember Schmidt stated he would consider amending the resolution to allow up to 10,000 square feet in gross floor area as opposed to the 8,000 stated in the resolution. Councilmember Martinez stated he would like to see the resolution amended to include all of Mr. Sevila's conditions. Mayor Umstattd asked if item 3 stating, "Any changes to the remainder of the Neighborhood Retail Center will have to be submitted to and approved by the Town Council," should be removed and if 10,000 square feet for the medical building should replace the 8,000 square feet stated in the resolution. Councilmember Martinez withdrew his amendment. The resolution was amended to reflect 10,000 square feet for the medical building. The motion was approved by the following vote: Aye: Kramer, Martinez, Schmidt and Mayor Umstattd Nay' Buttery, Vice-Mayor Jackson and Zoldos Vote: 4-3 On a motion by Councilmember Kramer, seconded by Councilmember $chmidt, the following motion was proposed: Town Council minutes for July 23, 2002 Page 6 RESOLUT]:ON 2002-141 Overturning the Zoning Administrator's interpretation of the sign detail plan for ZM- 145 Edwards Landing Planned Residential Neighborhood. The motion was approved by the following vote: Aye: Kramer, Martinez, Schmidt and Mayor Umstattd Nay: Buttery, Vice-Mayor Jackson and Zoldos Vote: 4-3 TTRES PLUS Councilmember Schmidt, seconded by Mayor Umstattd, made a motion to grant a deferral to SE-2001-07 - Tires Plus. The motion failed by the following vote: Aye: Buttery, Schmidt and Mayor Umstattd Nay: Vice-Mayor Jackson, Kramer, Martinez and Zoldos Vote: 3-4 Councilmember Zoldos, seconded by Vice-Mayor Jackson made a motion denying SE-2001-07 - Tires Plus. Denying SE-2001-07, Tires Plus The motion was approved by the following vote: Aye: Vice-Mayor Jackson, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: $chmidt Vote: 5-1-1 (Buttery abstaining) BOARDS AND CO[41~ITSSTONS None New Business On a motion by Mayor Umstattd, seconded by Councilmember Buttery, the following motion was proposed: Appointing Councilmember Martinez to the Town's Annexation Committee, The motion was adopted by the following vote: Aye: Buttery, Vice-Mayor Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Councilmember Zoldos, seconded by Vice-Mayor Jackson, the following motion was proposed: To consider granting a three to six month study of a proposed Boundary Line Adjustment between the Town of Leesburg and the County of Loudoun. Councilmember Zoldos stated this is a proposal to grant a 3-6 month study for the Southeast area to look into the possibility of a boundary line adjustment in lieu of annexation. :It would be a complete analysis of each issue and would protect Town Council minutes for July 23, 2002 Page the Leesburg Airport, prevent another power plant application, and would have the potential for an increased tax base. Councilmembers Schmidt, iVlartinez, Buttery and Kramer expressed their support for the study. Mayor Umstattd stated she would rather see this option taken to the County's annexation team before a full study is begun. Councilmember Zoldos accepted the Mayor's amendment. The motion was approved by the following vote: Aye: Buttery, Vice-Mayor Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 The meeting adjourned at 9:23 p.m. · ~ ~ Town of Leesburg t ATTEST: of Council tcmin072302