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.
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Town of Leesburg
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