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HomeMy Public PortalAbout2002_10_08COUNCIL MEETING October 8, 2002 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Frank Buttery, Mervin Jackson, Melinda Kramer, Marry Martinez, Robert Zoldos, and Mayor Kristen Umstattd. Councilmembers Absent: Councilmember Schmidt 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 Economic Development Betsy Fields, Director of Parks and Recreation Kaj Dentler, Director of Planning, Zoning and Development Susan Swift, Tourism Coordinator Marantha Edwards, Assistant to the Town Manager Nicole Ard, Management Intern Adam Brown, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Vice-Mayor Jackson. B. Salute to the Flag by Cub Scout Pack 965, Den 7 C. Roll call showing Councilmember $chmidt absent. D. Minutes: On a motion by Councilmember Buttery, seconded by Vice-Mayor Jackson, the minutes of the September 23, 2002 work session were approved by a vote of 6-0-1 (Schmidt absent). On a motion by Councilmember Martinez, seconded by Councilmember Kramer, the minutes of the September 24, 2002 meeting were approved by a vote of 6-0-1 (Schmidt absent). Presentations: a. Resolution of Respect - Joshua C. Poyant The Resolution of Respect was read by Mayor Umstattd and presented to the Poyant family. The resolution was approved by a vote of 6-0-1 (Schmidt absent). Resolution of Respect Joshua Poyant WHEREAS, Joshua Poyant was a life long resident of Virginia and a graduate of South Lakes High School in Fairfax County and Ferrum College in Ferrum, Virginia; and WHEREAS, Joshua joined the Leesburg Parks & Recreation Department on September 10, 1997 as Recreation Program Supervisor; and Town Council minutes for October 8, 2002 Page 2 WHEREAS~ shortly after joining the Parks & Recreation Department, Josh was diagnosed with Non-Hodgkin's Lymphoma; and WHEREAS~ Joshua continued to work until September 20, 1999 when he went on disability; and WHEREAS, Joshua returned to work on December 30, 1999 as a part-time Program Assistant; and WHEREAS, in early 2002 Joshua's condition worsened to the point where he was no longer able to continue working; and WHEREAS, On September 15, 2002 Joshua suffered an untimely death at the age of 28. THERFORE, RESOLVED the Mayor and Council of the Town of Leesburg in Virginia extend their sympathy to the Poyant family and their appreciation for his dedicated service to the Town of Leesburg and ask that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be presented to the Poyant family. b. Resolution of Appreciation & Certificate of Honor and Respect - Grand Master Eung Gil Choi The Resolution of Appreciation was read by Mayor Umstattd and presented, along with a Certificate of Honor and Respect, to Grand Master Eung Gil Choi. The Resolution of Appreciation was approved by a vote of 6-0- I (Schmidt absent). c. Proclamation - Legal Assistants Week The Proclamation of Legal Assistants Week was read by Mayor Umstattd and presented to Rebekah Pathirana, Paralegal for the Town of Leesburg. The Proclamation was approved by a vote of 6-0-1 (Schmidt absent). F. Petitioners: Marantha Edwards, Tourism Coordinator, provided an update to Council on the downtown consultants stating they would be in town on Thursday and Friday to meet with the Downtown Committee as well as the Economic Development Commission. Further, Ms. Edwards stated the zip code survey collected data for one week. Sixteen downtown merchants participated and the data showed customers from 40 states and 7 countries. She further stated the downtown merchants are not receiving support from local residents. Mike Lockle[, 913 Chancellor Street, spoke in opposition of the Chancellor Street Trail as part of the 20-Year Parks & Recreation Plan. He further stated his support for Doug Goolsby's recommended amendment to the resolution. Douq Goolsby, 906 Chancellor Street, stated his support of the South King Street Trail and discussed the availability of TEA-2:[ funds for the trail. He stated he would present this information to the Parks & Recreation Commission. Town Council minutes for October 8, 2002 Page 3 Chip Groff, 107 Carlton Street, spoke about his concerns with pedestrian crossing at certain locations within the Town. Public Hearing a. SE 2002-0:L, 309 Parker Court - Used Auto Sales and Service Nancy Costa outlined this application, location map and concept plan. She further stated issues were raised by Utilities, Fire Department and Police Department during their review, but all issues were resolved before the Planning Commission's vote which resulted in a 6-0 recommendation for conditional approval. Ms. Costa stated the main concerns with the application were lighting, storage of waste and tractor/trailer movement. Vice-Mayor Jackson confirmed the applicant would be utilizing the Town's trash pick-up for all auto parts. Councilmember Zoldos stated his concern with the hours of operation from 7:00 a.m. to 10:00 p.m., seven days a week. Councilmember Martinez stated his concern with the hours of operation and with the underground tank for waste storage. Nancy Costa stated the Fire Department would oversee the waste storage. Councilmember Zoldos asked if the applicant would consider reducing the Sunday hours to 9:00 a.m. to 5:00 p.m. The public hearing opened at 8:13 p.m. There were no speakers The public hearing closed at 8:14 p.m. b. Adopting a street name change for Sycolin Road Liz Whiting, Chairman, Leesburg Standing Residential Traffic Committee, outlined this item and stated the source of discussion on this item was the Traffic Committee's report, which was adopted by Council in October, 2000. Nick Colonna stated two notifications were sent to the residents on April Ist and September 24th indicating what was being proposed. He further stated about 10-14 addresses would be affected. Mr. Colonna further outlined the current street signs along this portion of Sycolin Road. The public hearing opened at 9:26 p.m. Gregory Daniel, 207 Grafton Way, questioned the benefit of extending the Plaza Street name. He stated this would create more confusion. Town Council minutes for October 8, 2002 Page 4 Vice-Mayor Jackson stated Mr. Caglone stated he could not attend the meeting due to a family emergency. Mayor Umstattd stated Mr. Caglone has stated his opposition to the name change. The public hearing closed at 9:30 p.m. On a motion by Councilmember Martinez, seconded by Councilmember Zoldos, a motion was proposed to suspend the rules of Council and vote on this application under new business: Councilmember Zoldos suggesting changing the street signs to reflect the block number range. Councilmember Martinez suggested naming one part of the road Sycolin Road N.E. and the other simply Sycolin Road. Councilmember Buttery stated after listening to the presented information he believes the suggestion does make sense. Councilmember Kramer stated her support for Councilmember Zoldos' proposal. The motion to suspend the rules was approved by the following vote: Aye: Buttery, Vice-Mayor Jackson, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 6-0-1 (Schmidt absent) H. Councilmember Comments Councilmember Kramer congratulated Mayor Umstattd on her honorary black belt from Grand Master Choi's Tae Kwon Do Academy. Councilmember Buttery congratulated Master Choi and thanked him for his dedication to the community and the residents of Leesburg. Mr. Buttery asked Bob Noe for information regarding the sidewalk master plan for the Town. He cited the urgent need for pedestrian safety in the town. Vice-Mayor Jackson agreed with Councilmember Buttery's comments. Councilmember Zoldos reported on the Loudoun County Board of Supervisors Annexation proposal. He informed residents of a public meeting on Thursday October 6th at 7:30 p.m. He further stated the Loudoun County Annexation Committee met on September 30th and forwarded their recommendations to the Board of Supervisors. The Board of Supervisors made a motion to endorse and forwarded to the Town their new position contingent upon the town rejecting the landowner's petitions and meeting several requirements. Town Council minutes for October 8, 2002 Page Councilmember Zoldos further stated that this proposal does everything for the County and nothing for the Town. Councilmember Martinez extended his congratulations to Grand Master Choi and commented on his service to the community. Further, he expressed his condolences to the Poyant family. He commented on the lack of sidewalks on Edwards Ferry Road, stating this is an issue that needs to be addressed. Councilmember Martinez stated his would miss the next Council meeting and possibly the first in November as well. Councilmember Zoldos disclosed his meeting with Reed Smith regarding a parking garage and expansion of the Times-Mirror building. Mayor's Comments Mayor Umstattd stated a Girl Scout troop had visited town hall and thanked .ludy Ahalt and the Police Department for putting together packets for them. Mayor Umstattd stated over the weekend she attended some events, including the Leesburg Volunteer Fire Department Open House and Grand Master Choi's tournament to raise money for the American Cancer society. Mayor Umstattd stated now is the time to begin looking at next years C:IP. She further stated consideration should be given as to whether to request the Town Manager to prepare an alternate budget that could balance out at the current tax rate. .1. Manager's Report Bob Noe reported last Saturday the Town kicked off Customer Service Week at the Leesburg Wal-Mart. He stated many town employees participated and distributed 50 recycling bins, water conservation kits and samples of the Tuscarora Landscapers Choice, as well as information from eight different departments. He further listed the other activities scheduled for this week including tours of various town facilities. Bob Noe introduced Betsy Fields, the new Economic Development Director for the Town. Further, the National :institute of Governmental Purchasing Agents has selected Kathy Elgin as runner-up for Manager of the Year. K. Legislation: CONSENT AGENDA On a motion by Vice-Mayor .lackson, seconded by Councilmember Kramer, the following consent motion was proposed: Town Council minutes for October 8, 2002 Page 6 2002-:1.66 RESOLUTION Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Potomac Station Drive & Battlefield Parkway, Phase ! public improvements. The consent agenda was approved by the following vote: Aye: Buttery, Vice-Mayor Jackson, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 6-0-1 (Schmidt absent) REGULAR AGENDA On a motion by Vice-Mayor Jackson, seconded by Councilmember Martinez, the following motion was proposed: 2002-::L67 RE$OLUT]:ON 20-Year Comprehensive Plan for Parks, Recreation, open spaces, trails and greenways. Councilmember Zoldos confirmed this alternate resolution, which has been provided, does not specifically exclude any trail options. Mayor Umstattd stated there has been a citizen request to amend the alternate resolution to include language to read the "Chancellor Street Trail shall be considered only if there is no alternative." Vice-Mayor Jackson and Councilmember Martinez agreed to accept the additional language as an amendment to their motion. Councilmember Zoldos stated the additional language is redundant. Councilmember Buttery and Councilmember Kramer concurred with Councilmember Zoldos. Mayor Umstattd stated she supports the language, which specifically names Chancellor Street. The motion, as amended, failed by the following vote: Aye: Vice-Mayor Jackson, Martinez and Mayor Umstattd Nay: Buttery, Kramer and Zoldos Vote: 3-3-1 (Schmidt absent) Councilmember Zoldos, seconded by Mayor Umstattd, proposed a motion to approve the alternative resolution without the additional language. The motion was approved by the following vote: Aye: Buttery, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: Vice-Mayor Jackson Vote: 5-1-1 (Schmidt absent) Town Council minutes for October 8, 2002 Page '7 On a motion by Councilmember Zoldos, seconded by Vice-Mayor Jackson, the following motion was proposed: 2002-168 RESOLUTION Requesting transfer of routes in the secondary system of state highways from the Virginia Department of Highways and Transportation to the Town. The motion was approved by the following vote: Aye: Buttery, Vice-Mayor Jackson, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 6-0-1 (Schmidt absent) On a motion by Councilmember Martinez, seconded by Councilmember Kramer, the following motion was proposed: 2002-169 RESOLUTTON Denying the street name change for Sycolin Road. Councilmember Buttery stated the resolution is confusing because it doesn't state the original recommendation of the Residential Traffic Committee. Councilmembers Martinez and Kramer concurred with Councilmember Buttery and accepted his suggestion as an amendment to the original motion. The motion was approved, as amended by the following vote: Aye: Vice-Mayor Jackson, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: Buttery Vote: 5-1-1 (Schmidt absent) BOARDS AND COMMISSIONS a. Airport Commission - Councilmember Zoldos stated the Airport Commission would meet on Thursday, October 10th at 7:30 p.m. Thomas Balch Library Commission - Councilmember Kramer stated the invitations for the Friends of the Balch Ball have been sent. Board of Architectural Review - Vice-Mayor Jackson stated the BAR meeting has been moved to the lower level. d. Cable Commission - no comment. e. Economic Development Commission - no comment. f. Environmental Advisory Commission - no comment. go Tnformation Technology Commission - Councilmember Zoldos stated the Information Technology Commission would be hosting a worksession with all of the players available to answer questions and to decide if the Town will get into the policy of regulating broadband. Town Council minutes for October 8, 2002 Page Parks & Recreation Commission - Councilmember Martinez thanked Council for passing the Parks & Recreation 20-Year plan. Planning Commission - no comment. Tree Commission - no comment. k. Standing Residential Traffic Committee - no comment. M. New Business On a motion by Councilmember Zoldos, seconded by Councilmember Martinez, the following motion was proposed: Making an appointment to the Parks & Recreation Commission - Fred P. Lillis The motion was approved by the following vote: Aye: Buttery, Vice-Mayor .lackson, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: none Vote: 6-0-1 (Schmidt absent) a. Closed Session - Discussion of a personnel matter. The Town Council adjourned at 9:15 p.m. on the following motion by Mayor Umstattd, seconded by Councilmember Zoldos, to convene in a closed session for discussion of the evaluation of the Town Attorney. Pursuant to Sections 2.2-3711(A)(:[) of the Code of Virginia, ! move that the Leesburg Town Council convene in a closed meeting to consider a personnel matter, specifically the semi-annual performance evaluation of the Town Attorney. The motion was approved by the following vote Aye: Buttery, Vice-Mayor .lackson, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: none Vote: 6-0-1 (Schmidt absent) Council reconvened in regular session. On a motion by Councilmember Buttery, seconded by Councilmember Kramer, the following motion was proposed: ]:n accordance with Section 2.2-3712 (D) of the Code of Virginia, T 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 ]:nformation Act and such personnel matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. Town Council minutes for October 8, 2002 Page 9 The motion was adopted by the following vote: Aye: Buttery, Vice-Mayor ~lackson, Kramer, Martinez, Zoldos, and Mayor Umstattd Nay: None Vote: 6-0-1 (Schmidt absent) The meeting adjourned at 10:00 p.m. -K-~t ~ ~-C. ~ m s t a t t-'aT, N-"~o'r / Town of Leesburg A-I-I-EST: of tcminl00802