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Home My Public Portal About2002_10_22COUNCIL MEETING October 22, 2002 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmernbers Present: Mervin Jackson, Melinda Kramer, David Schmidt, Robert Zoldos, and Mayor Kristen Umstattd. Councilmembers Absent: Frank Buttery and Marty Martinez 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 Utilities Randy Shoemaker, Director of Planning, Zoning and Development Susan Swift, Deputy Director of Utilities Aref Etemadi, Comprehensive Planner Nancy Kitchens, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. :]:nvocation by Councilmember Schmidt. B. Salute to the Flag was led by Councilmember Kramer and her children, Jordan and Drew. C. Roll Call showing Councilmembers Buttery and Martinez absent. D. I~linutes: On a motion by Vice-Mayor Jackson, seconded by Councilmember Kramer, the minutes of the October 7, 2002 meeting were approved by a 4-0-2-1 vote (Schmidt abstaining, Buttery and Martinez absent). On a motion by Vice-Mayor Jackson, seconded by Councilmember Kramer, the minutes of the October 8, 2002 meeting were approved by a 4-0-2-:[ vote (Schmidt abstaining, Buttery and Martinez absent). Presentations There were no presentations. Petitioners: a. Karen Jones - Downtown Consultant Study Update Karen Jones reported the consultants would be ready to make a report to Council on November 26th at 6:30 p.m. b. Rod Huebbers - Loudoun Hospital Center Mr. Huebbers addressed Council and introduced Mark Lowers, Chairman of the Loudoun Hospital Board. Mr. Lowers advised Council that the Loudoun Hospital Board has voted to begin development of the Cornwall Campus into the Western Loudoun Medical Center. He stated they have already announced plans for a full service emergency ambulatory department, which includes diagnostic imaging and a full service laboratory at the site. Further, he stated they would like to discuss with the Town and County the consolidation of health services at the site. Town Council meeting minutes for October 22, 2002 Page 2 Mr. Lowers discussed their commitment to the community in developing the Western Loudoun Medical Center at the Cornwall Campus. He advised Mayor Umstattd that he would like to bring forward her name as an appointee to the Western Loudoun Medical Center Development Committee. Councilmember Zoldos asked when the development would begin? Mr. Lowers stated the emergency room should be on line in January. The development committee will be convened within the next three weeks and they hope to get additional beds ready within two to six months. Councilmember Kramer expressed her support for the project. G. Public Hearing None H. Council Comments Councilmember Schmidt recognized John Creamer of the Utilities Department. Mr. Creamer has been recognized by the Town of Purcellville for his assistance with a water emergency. He reminded citizens of a public input meeting at Harper Park Middle School with reference to the boundary line adjustments for schools. Further, he asked staff for an update on blasting at the school site in northeast Leesburg, the sinkhole in Exeter, and paving on Catoctin Circle. Councilmember Schmidt stated he is appreciative of the light at the W&OD Trail crossing on Catoctin Circle. Councilmember Zoldos reported on his attendance at the Virginia Municipal League Conference in Norfolk. He shared information on different sessions he attended. He suggested we take a look at new legislation that allows a public/private partnership on any infrastructure development as long as it is a public use project. Further, he was impressed with the economic efforts by the City of Norfolk and Suffolk and their vision beyond five years. Councilmember Zoldos also commended John Creamer for his assistance to the Town of Purcellville in a utility emergency. Vice-Mayor Jackson had no comment. Councilmember Kramer disclosed a meeting with Mike Banzhaf and Chip Burton relating to a Town boundary line adjustment. T. I~ayor's Comments: Mayor Umstattd commented that American Legion Post 34 is requesting citizens to observe three minutes of silence on November 11th at 11:00 a.m. in observance of Veterans Day. The Mayor reported on attendance at the 135th Anniversary ceremonies at Mt. Zion United Methodist Church in Leesburg. Town Council meeting minutes for October 22, 2002 Page 3 She thanked Economic Development Commission members, Susan Horne and Karen Jones, for their efforts on the Business Appreciation Awards ceremony. The Mayor discussed possibly enacting further rules of order for Council. She asked that staff provide copies of previous rules enacted by Council. .1, Manager's Report: Bob Noe asked Tom Mason to respond to previously requested information by Councilmember Schmidt. Mr. Mason reported that paving on Catoctin Circle began today, October 22nd, and should be finished by the end of the week. He addressed the issue of blasting at the school site in the northeast section of town. He said that a rough grading permit has been issued which would allow blasting no closer than 800 feet from existing structures. Mr. Mason further discussed other procedures in place for blasting as well as the Fire Marshall's role. Mr. Mason reported on a sinkhole located on private and homeowners association property in the Exeter Subdivision. The street department has installed safety fence around the perimeter of the area. The site has been inspected and is being monitored by the Fire Marshall, Loudoun County Health Department and soil specialists. Mr. Noe advised Council that pursuant to {}2.2-3711 (A)(20) a closed meeting will be requested following tonight's meeting to discuss a threat to public safety. K. Legislation CONSENT AGENDA Councilmember Schmidt asked that Item 3 be removed from the consent agenda. On a motion by Vice-Mayor Jackson, seconded by Councilmember Zoldos, the following consent motion was proposed: 2002-:1.7! RESOLUT]:ON Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Potomac Station Drive and Battlefield Parkway Phase ! & II public improvements (interim and ultimate), traffic signal installation, Battlefield Parkway/Potomac Station Drive. 2002-:1.72 RESOLUTe'ON Authorizing a time extension for completion of public improvements and approving a performance guarantee for Potomac Station, Section :IA. The motion was approved by the following vote: Aye: Kramer, Jackson, Schmidt, Zoldos, and Mayor Umstattd Nay: None Vote: 5-0-2 (Martinez and Buttery absent) Town Council meeting minutes for October 22, 2002 Page 4 REGULAR AGENDA On a motion by Councilmember Zoldos, seconded by Councilmember Schmidt, the following motion was proposed: 2002-173 RESOLUT]:ON Adopting a 2003 Legislative Program Councilmember Schmidt asked that recommendation # :[0 - making seat belts violations a primary offense - be removed. Mayor Umstattd read the three recommendations of the October 16th memo from staff. After consideration of last year's list, Council decided to include :Items 1-6 from the 2002 Legislative Program. Councilmember Zoldos discussed the Virginia Municipal League Legislative Committee resolution addressing the inadequacy of state funding for K-12 education and the need for tax restructuring. Councilmembers Zoldos and Schmidt accepted the amended motion. The Mayor stated the motion as now presented includes the three items recommended by staff, and items 1-6 from last year's recommendation. The motion was adopted by the following vote: Aye: Kramer, Jackson, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Buttery and Martinez absent) On a motion by Vice-Mayor .lackson, seconded by Councilmember Zoldos, the following motion was proposed: 2002-174 RESOLUT]:ON Approving SE-2002-0:~ - Used auto sales and service at 309 Parker Court, S.E. The motion was adopted by the following vote: Aye: .lackson, Kramer, $chmidt, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Buttery and Martinez absent) Councilmember Zoldos asked that Condition No. 4 be amended to change the Sunday hours of operation from 9:00 a.m. to 5:00 p.m. The amended motion was adopted by the following vote: Aye: Jackson, Kramer, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Buttery and IVlartinez absent) On a motion by Vice-Mayor Jackson, seconded by Councilmember $chmidt, the following motion was proposed: Town Council meeting minutes for October 22, 2002 Paqe 5 2002-175 RESOLUT]:ON Modifying the 1987 Water System Master Plan The motion was adopted by the following vote: Aye: .lackson, Kramer, Schmidt, Zoldos and Mayor Umstattd Nay.' None Vote: 5-0-2 (Buttery and Martinez absent) L. Boards and Commissions Airport Commission Councilmember Zoldos reported the next meeting is October 23rd at which time they will be discussing the lease for hangar rental. Thomas Balch Library Commission No comment Board of Architectural Review No comment Cable Commission No comment Economic Development Commission Councilmember Schmidt reported on the successful business awards ceremony. He also reported the next meeting is October 25th. Environmental Advisory Commission No comment Information Technology Commission Councilmember Zoldos reported on broadband meeting held with Council and the Economic Development Commission on October ~6th. Parks and Recreation Commission Vice-Mayor .lackson reminded citizens that the Halloween Parade would be held on October 31st. i. Planning Commission No comment j. Tree Commission No comment Standing Residential Traffic Committee No comment M. New business Mayor Umstattd, seconded by Councilmember Zoldos, proposed the following motion. Town Council meeting minutes for October 22, 2002 Page 6 Pursuant to Section 2.2-3711(A)(20) of the Code of Virginia, ! move that the Leesburg Town Council convene in a closed meeting to be briefed by staff regarding a threat to public safety. The motion to convene in a closed meeting was adopted by the following vote: Aye: Jackson, Kramer, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Buttery and Martinez) Councilmember Buttery joined the closed meeting while in session. Council reconvened in regular session and Mayor Umstattd, seconded by Councilmember Buttery, presented the following motion: ~[n accordance with Section 2.2-3712(D) of the Code of Virginia, ! 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 :Information Act and such public safety matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was adopted by the following vote: Aye: Buttery, Jackson, Kramer, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) The meeting adjourned at 9:08 p.m. -Kfis~en C. Umstattd, Mayor Town of Leesburg