HomeMy Public PortalAbout2002_11_13COUNCIL MEETING November 13, 2002
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Frank Buttery, Mervin Jackson, Melinda K:ramer, Marry
Martinez, David Schmidt, Robert Zoldos, and Mayor Kristen 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, Director
of Planning, Zoning and Development Susan Swift, Director of Human Resources Dona Wolf,
Chief of Comprehensive Planning Randy Hodgson, Comprehensive Planner Nancy Kitchens,
Assistant to the Town Manager Nicole Ard, and Assistant to the Clerk of Council Deborah
Parry.
AGENDA ITEMS
A. Tnvocation by Mayor Umstattd.
B. Salute to the Flag was led by Eagle Scout Donald K. Lew, Jr.
C. Roll Call showing all present
D. Minutes:
On a motion by Councilmember Buttery, ~econded by Vice-Mayor Jackson, the
minutes of the October 21, 2002 meeting were approved by a 5-0~2 vote (Zoldos and
Martinez abstaining).
On a motion by Councilmember Zoldos, seconded by Councilmember Kramer, the
minutes of the October 22, 2002 meeting were approved by a 5-0-2 vote (Buttery and
Martinez abstaining).
Presentations
a. Proclamation - The 2002 Russian Leadership Group
On a motion by Councilmember Buttery, seconded by Councilmember
Martinez, the following proclamation was read into the record and presented to the
Russian Leadership Group:
A PROCLAIVlA TZON
for
THE 2002 RUSSZAN LEADERSHZP GROUP
WHEREAS, The National Peace Program, an affiliate of the Library of Congress,
is authorized by Congress to administer the Open World Russian Leadership Program;
and
WHEREAS, since it's start in :1999, over 2,600 Russians have visited the
United States, fostering exchange of information on culture, government and
economics through exposure to U.S. democratic institutions and political systems,
interrelations among elected officials, the public, business and media, and non-profits
Town Council meetinq minutes for November 13, 2002 Page 2
and a foundation for continued dialogue and cultural and commercial cooperation
between communities; and
WHEREAS, Leesburg, along with Anchorage, Alaska; Denver, Colorado; New
Orleans, Louisiana; and San Diego, California were selected by the National Peace
Foundation to participate in the prestigious Open World 2002 Program of the Center
for Russian Leadership Development at the Library of Congress to host the Russian
leaders; and
WHEREAS, the theme for the Leesburg visit is "Women as Leaders"; and
WHEREAS, a committee of community volunteers have created a schedule to
include tours of town and county facilities, schools, businesses and non-profit
agencies, meetings with several local community organizations, a luncheon with
Leesburg's Mayor and Council and female elected officials from throughout Loudoun,
attendance at a Loudoun County High School football game and various other activities
in our Nation's Capitol.
THEREFORE, RE$OLVED~ the IVlayor and Council of the Town of Leesburg in
Virginia hereby welcome the Russian Leadership Group to the Town of Leesburg and
extend their gratitude to the Library of Congress, the National Peace Program and the
Open World Russian Leadership Program for selecting Leesburg as a host community
for their 2002 program.
The motion was adopted by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
b. Proclamation - Native American Heritage Month
On a motion by Councilmember Zoldos, seconded by Councilmember
Martinez, the following proclamation was read into the record and presented to Mr.
John Rocca:
A PROCLAMATZON
for
NA TZONAL AMtERZCAN ZNDZAN HERZTAGE MtONTH
NOVEMtBER 2002
WHEREAS, on November 5th, 1994 President Clinton issued a proclamation
based on Senate Joint Resolution 27::[, designating the month of November as
"National American Indian Heritage Month; and
WHEREAS, American ~[ndians, the first Americans, have made enormous
contributions to the life of our Country; and
WHEREAS~ American Indians have played a vital role in the life of our country,
and their many contributions have greatly enhanced the culture, prosperity and
greatness of our Commonwealth and nation; and
Town Council meetinq minutes for November 13, 2002 Page 3
WHEREAS, approximately 20,000 American ]:ndians live within the borders of
Virginia; and
THEREFORE RESOLVED, the Mayor and Council of the Town of Leesburg in
Virginia hereby proclaim the month of November of the Year 2002 as National
American ]:ndian Heritage Month in the Town of Leesburg and urge the citizens of
Leesburg, as well as community organizations to preserve and remember the
accomplishments of Native Americans throughout the history of our nation.
The motion was adopted by the following vote:
Aye: Buttery, Jackson, Kramer, IVlartinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
c. Certificate of Recognition - Donald K. Lew, 3r. - Eagle Scout
Mayor Umstattd presented Donald K. Lew, Jr. with a certificate of recognition
and congratulated him on achieving the rank of Eagle Scout
Certificates of Recognition - Open World Program participants, host
families, host committee and volunteers
Mayor Umstattd presented certificates to the following participants in the
Open World Russian Leadership Program:
Russian Delegation: Tatyana Viktorovna ]~vanova, Yelena Borisovna
Garysheva, Yelena Gennadyevna Korobeynikova, Angelina Grigoryevna Korovina
Anna Dmitriyevna Savelyeva,Tatyana Viktorovna Kirillova, Alisa Borisovna
Morgoyeva, Svetlana Vladimirovna Garmatarova, Nina Guzerovna Yemuzova and
Anna Aleksandrovna Komolyatova.
Volunteer Translators: Olena Kolomiyets and Ashley Martin
Host Committee: Nicole Ard, Til Bennie, Gladys Burke, Marantha Edwards,
Leslie Hansbarger, Zoya Mesh, Jennifer Montgomery, Siebert Murphy, John Nuzum,
James Spurlock and Dona Wolf.
Host Families: Georgia Bange, The Beauchamp Family, The Hynes Family,
The ]acobson Family, The Kemper Family, The Kirwan-Ryan Family, The Konur
Family, The Phoebus Family and The Thornell Family
Petitioners:
a. Karen ]ones - Downtown Consultant Report Update
Ms. ]ones reported the downtown consultants would be presenting their
report to Council on November 26th at 6:30 p.m. Further, she stated the important
issues with the Loudoun Street expansion proposal are customer service, public
restrooms and a tourism facility. She urged Council to vote on an architect tonight,
adding the Arcom proposal is not in the best interest of town staff.
Ms. Jones also commented on her support of the annexation petition. She
stated the expansion of the town is critical to increase the tax base, preserve the
airport and Lo maintain a steady level of economic vitality for the town.
Town Council meetinq minutes for November 13, 2002 Paqe 4
Cameron Riley, 829 Catoctin Circle, NE, stated his concern of the proposed
widening of Dry Hollow Road due to construction of the new school. He stated the
mature trees that line the road are in danger and urged Council to preserve them.
Lou Kerestesy, 845 Macalister Drive, SE, urged Council not to withdraw the
annexation petition.
Amy Eversmeyer, 825 Catoctin Circle, NE, stated her concern with the
widening of Dry Hollow Road and the construction traffic on Balls Bluff Road.
Linda Gwinn-Casey, 823 Catoctin Circle, NE, stated her concern with the
increased construction traffic on Balls Bluff Road and the subsequent noise and car
pollution. She urged Council to keep the road intact for family recreation use.
Gem Binqol, 205 Primrose Court, SW, urged Council to withdraw the
annexation petition and to reject the Landowner's petition. She stated dragging on
the process would only cost the taxpayers more money.
Hike Banzhaf, Reed Smith, urged Council not to reject the landowner's
petition for annexation. He further stated refiling the petition at a later date
shouldn't be a problem.
Bill Michell, Leesburg Economic Development Commission, stated Leesburg
has become a bedroom community and is only getting worse. He urged Council to
continue with the annexation peitition.
Annexation Discussion with Carter Glass, Special Counsel on annexation
Councilmember Zoldos asked Carter Glass, the town's annexation attorney, to
compare Big Stone Gap's recent annexation with what Leesburg is trying to
accomplish.
Carter Glass stated Big Stone Gap has had a very small amount of growth in
the past as opposed to Leesburg, but many of the factors are the same. He stated in
reviewing annexation petitions, the Council on Local Government will look at what is
in the best interest of the residents; the proposed needed tax base and how much
vacant land is currently within the boundaries of a town. He further stated that if the
Council were to continue the annexation petition, it would have a good chance of
winning.
Councilmember Buttery asked about state statute 152.3327, which deals with
the moratorium to avoid excessive annexations by any given locality and how it
would apply to Leesburg.
Hr. Glass stated if the town's petition is heard by the Council on Local
Governments and goes before the three-panel jury, the town would not be allowed
to file again for 10 years. ]:f the town's petition were heard by the Council on Local
Government's and stops there, the town would be allowed to refile after two years.
:If the petition is withdrawn now, the town should be allowed to refile at anytime.
Councilmember Buttery asked if Big Stone Gap planned to develop the
annexed property towards the current boundaries or out towards the new
boundaries?
Town Council meetinq minutes for November 13, 2002 Paqe 5
Mr. Glass stated he wasn't sure.
Councilmember Buttery asked if the town withdraws support or rejects the
landowner's petition, what effect would that have on the landowners?
Mr. Glass stated if the town withdraws support, it would hurt the landowners;
however if the town rejects the petition, if would effectively kill the landowners
efforts.
Councilmember Buttery verified there would be no liability to the town if it
rejects the landowner's petition.
Councilmember Schmidt asked that given the time that has been put into the
annexation and the fact that the public has not had a chance to fully participate in
the discussions, does it make sense to quit now?
Mr. Glass stated Council needs to make its own policy. However the town
does have a sound legal basis and a strong chance of winning, but there is no
guarantee.
Public Hearing
a. SE-2002-03 - First Citizens Bank
Randy Hodgson outlined the proposed site for the bank, which lies at Catoctin
Circle and Market Street. He stated the property is surrounded by B-2 on the east
and west and R-6 on the north. Further, the applicant plans to raze two old buildings
and an old barn on the property, rvlr. Hodgson stated the reason for the special
exception is that the bank would like to have four drive-thru lanes on the property,
one of which would be a 24-hour ATM.
To protect the neighboring residents, the applicant has established a 25-foot
buffer of trees along Catoctin Circle and a sidewalk on East Market Street. He stated
the staff and Planning Commission are recommending conditional approval.
Councilmember Schmidt stated the residents have asked for a condition of
approval stating that the buffer trees be holly or evergreen.
Randy Hodgson stated holly would be allowed, however, the Town Arborist
does not recommend the use of just one species of tree.
Councilmember Zoldos concurred with Councilmember Schmidt.
Councilmember Kramer stated her pleasure with the cooperation of the
residents and suggested following the Town Arborist's advice with regards to the
buffer trees.
Steve Robin, attorney for the applicant, stated the issue regarding the type of
trees used for the buffer was discussed at the Planning Commission. He asked that
the options for the types of trees be investigated and brought back to Council before
the vote.
Councilmember Schmidt clarified the residents are not asking for holly
exclusively, but that it be mixed with other evergreens.
Town Council meetinq minutes for November 13, 2002 Paqe 6
The public hearing opened at 9:30 p.m.
C. Michael Rich, 313 Edwards Ferry Road, stated the residents support this
application and are asking for holly and other evergreen trees to be used as the
buffer to provide year around screening. Further, he stated there are two 25-year-
old pine trees that the residents would like to see preserved.
The public hearing closed at 9:35 p.m.
Councilmember Martinez asked that the preservation of the two pine trees
and the use of holly or evergreen for the buffer be included as conditions of
approval.
b. SE-2002-02 - God's Children Childcare
Nancy Kitchens outlined the proposed childcare site, which is located at 101
Davis Avenue. She stated the property is zoned B-2 and part of the H-:[ Overlay
District which requires approval by the Board of Architectural Review.
Ms. Kitchens stated the proposed childcare would accommodate 49 children
between the ages of two and one-half and five, as well as five staff members.
Further the applicant is exceeding the requirements for landscaping, buffering and
parking.
Councilmember Schmidt stated his concerns with stacking on Davis Avenue
and the enforcement of the applicant's left turn only sign, especially during rush
hour.
Steve Robin, attorney for the applicant, addressed the traffic concerns stating
the applicant has done everything she can to meet or exceed the requirements of the
special exception. He stated a traffic study was done which showed moving the
entrance to the property from Davis Avenue to Valley View Avenue and installing a
left turn only sign, would relieve the possible congestion in the neighborhood.
He stated this type of business is heavily regulated by the State.
Councilmember Buttery stated the law does not require that sprinklers be
installed, but questioned if the applicant is complying with the spirit of the law.
Mr. Robin stated sprinklers are very expensive, and the applicant has done
everything she can to meet and or exceed every requirement for this site.
Councilmember Kramer asked Calvin Grow if traffic does become a problem,
could the town install its own sign directing people to make a left turn only out of the
site?
Calvin Grow stated the sign would be on private property and cannot be
enforced by the town.
The public hearing opened at 10:13 p.m.
Dino Sammarco, 821 L South King Street, Southgate Business Park, stated
his opposition to this application and cited traffic using the Southgate parking lot as a
cut-thru to King Street.
Town Council meetinq minutes for November 13, 2002 Paqe 7
Gary Barnes, 821 B&C South King Street, Southgate Business Park, stated his
opposition to this application and cited the traffic using the Southgate parking lot as
a cut-thru to King Street.
Paul Supan, Southgate Business Park, NE, stated his opposition to this
application and cited the traffic using the Southgate parking lot as a cut-thru to King
Street.
Alicia Wilson, 709 Duff Road, stated her support of the application and cited
the need for daycare in Leesburg. She further stated drivers would continue to cut
thru the parking lot whether or not there is a daycare center at 101 Davis Avenue.
Les Winner, 127 Nottoway Street, SE, stated his support of the application
and cited the need for daycare in Leesburg.
Michelle Bailey, 321 Davis Avenue, SW, stated her opposition to the
application and cited the increased traffic resulting from approval of this application.
Jessica Martinez., 507 .lared Square, NE, stated her support of the application
and cited the need for daycare in Leesburg.
The public hearing closed at 10:47 p.m.
c. ZOAM - 02-02 - Home Occupation - WISP exterior antenna
Brian Boucher outlined this proposed change in the home occupation
regulations. He stated other home occupation regulations do not allow anything on
the exterior of the home, but this would allow an antenna no more than five feet
high and two inches wide. He stated it is possible that signals being sent from this
antenna could interfere with electronics in the surrounding area, but it would be the
duty of the operator to stop the interference or have their permit revoked. He
further stated the regulation would allow for only one antenna per house.
The public hearing opened at 10:55 p.m.
Paul Supan, Southgate Business Park, addressed the issues facing the
amateur radio operators and asked what would be done if the signal from one of the
antennas interfered with them. He further stated the important role amateur radio
operators serve during a time of emergency in a community.
The public hearing closed at 11:00 p.m.
Brian Boucher mentioned the antenna could cause interference with amateur
radio operators, however any added language would be unnecessary as the Federal
Communication Commission has jurisdiction.
H. Council Comments
Councilmember Schmidt stated Mac McCIoud, who was instrumental in the approval
of Freedom Park, passed away in October. He asked that a resolution of respect be placed
on the agenda for November 26th.
Councilmember Schmidt also asked that Council revisit the option of voting to
approve an architect for the Loudoun Street expansion tonight.
Town Council meetinq minutes for November 13, 2002 Page 8
Further, Councilmember Schmidt stated it has been the policy of Council to recognize
those wishing to speak at a Council worksession and that he should have spoken up for
Karen Jones to have been given the opportunity to speak at last night's meeting.
Councilmember Martinez concurred with Councilmember Schmidt that a resolution
should be done for Mac McCIoud. He further stated no mention had been made of Veteran's
Day and thanked all veterans for their dedication to this Country.
Councilmember Martinez further stated the Balch Ball was a wonderful event and
should become a yearly one,
Further, Councilmember Martinez reported Dry Hollow Road is no longer a dead-end.
It has been graded, graveled and is experiencing an increasing amount of construction
traffic. He also thanked the Open World program for choosing Leesburg to host the Russian
delegation and thanked the families for hosting them.
Councilmember Zoldos thanked the Friends of the Balch for the wonderful ball. He
further thanked the Kiwanis Club for another enjoyable Halloween parade. In addition,
Councilmember Zoldos thanked Nicole Ard for organizing the Russian visit and asked that
Council recognize her in a more substantial way.
Vice-Mayor Jackson concurred with Councilmember Schmidt's comments on the
landscaping requirements for the bank special exception.
Councilmember Buttery had no comment
Councilmember Kramer thanked the Friends of the Balch for the wonderful ball and
the Kiwanis club for the Halloween parade. She further commended Chief Price for his hard
work during the recent sniper attacks.
I. Mayor's Comments:
Mayor Umstattd reminded everyone that the November 26th Council meeting would
begin at 6:30 p.m. with the Downtown Consultant report. Mayor Umstattd further stated
Council is scheduled to hold a closed session at the end of this meeting, but due to the late
hour, it may be best to postpone it.
Mayor Umstattd asked that anyone wishing to speak at a Council worksession let her
know before the beginning of the meeting.
Further, she stated that she had mentioned at the last Council meeting that residents
were encouraged to observe a moment of silence at 11:11 a.m. on November 11th in
observance of Veteran's Day. She thanked the Presbyterian and Episcopal churches for
ringing their bells during the observance.
.1. Manager's Report:
Bob Noe recognized Nicole Ard for her efforts during the Open World Program
Russian Leadership visit.
Town Council meetinq minutes for November 13, 2002 Paqe 9
K. Legislation
CONSENT AGENDA
On a motion by Vice-Mayor Jackson, seconded by Councilmember Martinez, the
following consent motion was proposed:
2002-176
RESOLUTI:ON
Authorizing an agreement and approving a performance guarantee and a sewer extension
permit for the Rehau extension project.
2002-177
RESOLUTTON
Authorizing an agreement and approving a performance guarantee for a water extension
permit for the Beeler property.
2002-178
RESOLUTZON
Authorizing an agreement and approving a performance guarantee for Leesburg Baptist
Church, Phase V-A.
2002-179
RESOLUTTON
Authorizing a time extension for completion of public improvements and approving a
performance guarantee for Dry IVlill Subdivision Phase 2A and 2B.
The motion was approved by the following vote:
Aye: Buttery, Kramer, Jackson, Martinez, Schmidt, Zoldos, and Mayor Umstattd
Nay: None
Vote: 7-0
REGULAR AGENDA
On a motion by Vice-Mayor Jackson, seconded by Councilmember Martinez, the
following motion was proposed:
2002-180
RESOLUTTON
Authorizing award of a contract in the amount of $152,000 to Norair Engineering
Corporation for the Kenneth B. Rollins Filtration Plant sludge storage tank-mixing project.
The motion was adopted by the following vote:
Aye: Buttery, Kramer, .lackson, IVlartinez, Schmidt, Zoldos and Mayor Umstattd
Nay: None
Vote: 7-0
Town Council meetinq minutes for November 13, 2002 Paqe 10
On a motion by Vice-Mayor Jackson, seconded by Councilmember Martinez, the
following motion was proposed:
2002-18!
RESOLUTION
Amending the Pay and Classification Plan
The motion was adopted by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Vice-Mayor Jackson, seconded by Councilmember Zoldos, the
following motion was proposed:
2002-182
RESOLUTION
Authorizing the issuance and sale of general obligation refunding bonds, Series 2003.
The motion was adopted by a roll call vote:
Aye: Buttery, Jackson, Kramer, Martinez, $chmidt, Zoldos and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Councilmember Schmidt, seconded by Councilmember Zoldos, the
following motion was proposed:
RESOLUTION
Selecting Bowie Gridley as the architect for contract negotiations for the Loudoun Street
addition to Town Hall.
Councilmember Schmidt stated Bowie Gridley presented the case very well and
offered a lower cost option. He further stated the parking needs should not impede the
selection of an architect for the Town Hall expansion.
Councilmember IVlartinez stated that building now is the best option.
Mayor Umstattd stated the cheapest possible solution was Hanno Webber's
suggestion for reconfiguring the third floor of the current building. She stated she would
like to proceed with the Arcom proposal for space because it will be less detrimental to
businesses. She further stated you could lease the space for less per square foot than
building it.
Councilmember Zoldos stated the staff should meet with Arcom and come back with
a report in December.
Councilmembers Jackson and Buttery concurred with Councilmember Zoldos.
Councilmember Kramer stated Arcom's proposal is cheaper, but does not provide the
best value for the money.
On a motion by Councilmember Martinez, seconded by Councilmember Kramer, the
following motion was proposed:
Town Council meetinq minutes for November 13, 2002 Paqe 11
Deferring the selection of an architect for contract negotiations for the Loudoun
Street addition to Town Hall until the December 10th Council meeting.
The motion was adopted by the following vote:
Aye: Buttery, Jackson, Kramer, IVlartinez, Zoldos and Mayor Umstattd
Nay: Schmidt
Vote: 6-1
RESOLUTION ~, ,
Amending Chapter 12.1, Article 24 of the Personnel Manual regarding gifts, gratuities and
expenses.
!t was the consensus of Council to have this resolution broken up into three parts
and brought forward at the next meeting.
On a motion by Councilmember Buttery, seconded by Councilmember Martinez the
following motion was proposed:
2002-18:3
RESOLUTION
Directing Counsel to withdraw the Town's annexation petition, with the right to refile
at any time, and to withdraw the Town's support for the landowners' annexation petition.
Councilmember Buttery stated, "The town should withdraw its petition at this point
and time. With respect to the Landowners petition, as ! understand it exists at this time, !
can not support that because ]: do not support, at this point and time, annexing of land west
of the toll road and south of either 653 or 643. !'ve reviewed the comprehensive plan and,
as a matter of fact T along with Kristen, and Bob, T don't believe you were on the Council in
1997 when we implemented the Town Plan. One of the provisions that it called for in the
Town Plan and ! know it has been in the process and been planned for quite some time and
some people have certainly made comment about this concept being in place for 30 years,
more or less. ! would indicate that T've read the plan thru and nowhere have ! found any
type of timeline with respect to the Comprehensive Plan. Tt does talk about planning for the
future. The Town Plan has been a very good plan and it certainly gave some good
indication of what the future, around and in the urban growth area, would be."
"One of the questions ! asked Mr. Glass earlier this evening was with respect to the
Big Stone Gap petition for annexation and he wasn't clear, and it probably wasn't a fair
question to him with respect to whether or not it was Big Stone Gap's intention to proceed
outward, that is from its corporate limits as it exists now out, and he wasn't sure of that and
as ! said its probably not a fair question to him. But, in the Town Plan, in section 1-2, it
talks about an orderly and efficient outward growth. My concept of that would be moving
from the existing town limits outward in an efficient manner. T understand, and there have
been very good arguments and T'd like to commend Mr. Zoldos especially for the hard work
and others on this Council and the Council that existed previous to this with respect to their
concerns regarding traffic and other issues. Some of those issues we may respectfully
disagree with, but it certainly doesn't mean ! take those issues lightly. We just respectfully
disagree."
"The issue with respect to Crosstrails T think is very important at the proper time.
One of the areas mentioned in the Town Plan is with respect to a circle that was drawn at
the projected area of Crosstrails and the Dulles Toll Road. !f you read the town plan it says
"could possibly be" or "could be an area for a commercial center" T remember at the time
we were discussing that, and T've got to say ! was not in favor of putting a commercial area
Town Council meeting minutes for November ::[3, 2002 Page 12
right at that intersection at that point and time. ! voted for the Town Plan because its
pretty much like not every document, but a massive document like this ! doubt that there is
anyone on this Council that could read the whole town plan and that there would not be one
or two or more issues that we might personally disagree with. Certainly there are areas of
compromise and one of the areas of compromise was to have the language put as "could
be" instead of "should be". ! know that as time goes on other people look at that, and
certainly that may occur one day. ! don't think that day is now and ! don't think, with
respect to the town, that the amount of cost that would need to be expended can justify
moving forward with the petition."
"There are a lot of good deals out there but a lot of times you can't afford a good
deal. Again, there may be respectful disagreement on this Council, ! can appreciate that.
Certainly the cost would be immediate and long term, and certainly nobody here, and ! wish
we did, has a crystal ball to where we can actually predict with certainty what will occur.
But what T'm looking out for is the best interest of the citizens of this town today as well as
the citizens of the Town of Leesburg tomorrow."
"! cannot support, at this time, a petition that seeks to annex areas into town west of
the Toll Road. We have heard from the Toll Road, and that's an interesting issue there in
and of itself because we're not dealing with a state agency. We're not dealing with Virginia
DMV or Virginia Department of Transportation. We're dealing with a private entity there
that has certain rights and there's some really interesting issues there with respect to
access to that road at any area of Crosstrails Boulevard. So that's an issue for the future.
know that there's been some discussion with respect to the county's thought about what
they have proposed by way of a compromise. !'ve got to tell you ! can't support that, !
don't think that's in the interest of the Town of Leesburg what that compromise, if you will,
was. !t seemed to be all cost to the town with some benefit, but not with as much benefit
as should occur in my opinion with respect to when and if annexation does occur."
"The issue with respect to settling the law suit, Mr. Donnelly spoke to us the other
night and certainly, and T appreciate the word of advice there with regard to certainly it's in
the town's interest if we can resolve potential litigation. T'm a little bit concerned about
resolving it in the context of annexation when we don't know what it is the landowners
would then be proposing, and ! certainly don't want to do something carte blanc. With
regard to that, ! think that's certainly something we can address separately and apart or in
the context of an overall annexation situation."
"With respect to the area of Balls Bluff and the Waldee tract ! don't know how other
people feel. ! certainly see that as a totally separate issue with regard to the annexation
going to the south and east of town and ! would certainly hope that the town and county
could certainly reach an agreement with regard to that. ! can't imagine that being an
issue."
"Basically, in summary, that's my feeling with regard to that. !'ve followed this issue
closely and !'ve got to say that when the issue first came out when the initial proposal filed
as such came out it really caused a lot of people in the town to recoil and a lot of people
have not recovered from that. !'m not criticizing, and again i wish that we all had a crystal
ball, ! wish we knew every decision we made was the right decision. ! know that there have
been votes in that past i wish ! could have back. But ! think that the public was very
concerned about that and ! could not support and certainly it has been pared down from
what the original proposal was. ! do believe that at the appropriate time that most areas
with in the urban growth area should come into the town; it's a question of timing to have
expedient and orderly development. ! don't know of any business, and there may be some
Town Council meetinq minutes for November :[3, 2002 Paqe 13
~[ just don't know of any, that want to move in there and that could make the difference
too. '
Councilmember Martinez stated, "Tn essence Frank spoke well on a lot of my
concerns. One is why are we really annexing? Are we annexing just to annex? Everyone is
talking about cost benefit, what is the cost and what are we getting? T have not seen any
numbers, I have not heard of any businesses that we had turned away. T have not seen
any businesses screaming for us to annex so they can move into the area. Are we talking
about tax revenue? I have asked for, and have not seen, any numbers that really show that
we are going to generate enough tax revenue to offset increased costs in the next four or
five years for services. I would like to propose, if this motion goes thru, that we look at Ms.
Swift's recommendation to go through the Town Plan and to do that with a public process."
"Strategically look at what we want'~o do, when do we want to do it, and when will it
benefit the town most. With that we can invite different parties to join us. Perhaps a
private citizens group like VSS to voice their concern, the Economic Development
Commission and Betsy, our Economic Development Director. We're talking about the
Planning Commission, we can invite parties from the County to participate so that when we
have this Town Plan, when we have this strategy on how we are going to annex, that its
done with full public and county and town input."
Councilmember Schmidt stated "I cannot support this. With all the talk about crystal
balls and the future the fact is you're voting tonight without enough input. If you vote to
kill this you have cut out any further input. Essentially, not taking action leaves our options
open. There is no final decision tonight on what land we would annex, et cetera. So this is
all bullying tactics by the Board of Supervisors and by some activist groups. I am not
convinced that it represents the will of the town citizens."
"A comment was made last night by my distinguished colleague, I would agree, and
he should feel right, that we all are elected with mandates and there were two new
Councilmembers elected in the last election who opposed annexation. They could rightfully
claim a mandate, but to say that all of the town would support that direction based on those
elections is inaccurate. Mr. Zoldos, who obviously has been the champion of annexation
was the number one vote getter. Every other candidate who lost actually supported
annexation. If you count the votes of the Council race, 2 to :[, two-thirds supported
candidates in favor of annexation. A third supported Ms. Kramer and Mr. Martinez, again
they should be congratulated on their victories. That does not mean that all residents are
opposed to annexation. The IVlayor who is obviously opposed to annexation in the
campaign, even if you threw in her votes, a very lop-sided victory, the majority of the votes
cast in the last Council election were for candidates in support of annexation. These are
candidates with some courage, with some vision, thinking about not just the cost over the
next year."
"The cost to this town 20 or 30 years from now is what this is all about. I'm not
ready to make any final decisions, but voting to support this resolution to kill annexation
now is a pretty darn final decision. I think it's a wrong decision, it's a lack of leadership, a
lack of vision and ! won't be a part of it."
Councilmember Zoldos asked to defer his comments till later.
Councilmember Kramer stated, "I want to thank Mr. Zoldos, I think he's done a fine
job and he has some very well thought out proposals and ideas in the package. I think in
the short term the cost to the town is insurmountable based on legal fees alone and what
Town Council meetinq minutes for November 13, 2002 Page
we have paid and what we should be proposed to pay. Tt is my impression from one county
meeting in particular that ! attended, we were discussing past annexation the town had
approved and historically I'm not convinced it was the best thing for the town, so T go into
this feeling that it's a win-win situation by proven history."
"T'm disappointed that we never got to the stage of public discussion where T felt like
the town was completely involved in the discussion process. T would support at this point
withdrawing support from the landowners petition. Giving them the right to go forward if
possible. ! would like to go with the softer approach. And ! don' t feel in any way we are
giving up any opportunity as a town. Tt's just something that T feel inside that ! have been
convinced by all the discussion that we're not giving up anything at this point. ! feel we've
done everything we can to move the political situation forward and it hasn't happened."
"Mr. Schmidt, with all due respect, but then again it seems pretty natural that I'm up
here to kind of debate with you guys, when T ran for my election it became a situation
where the discussion of annexation came up constantly, and speaking in my own personal
experience in the most recent past everyone spoke about annexation. The majority of the
people were not interested in annexation, but it was for many reasons and ! have to say it
had a lot to do with not being well informed and not feeling included in the decision. I feel !
can honestly say the people that have come to me and spoke to me are not interested in
aggressively perusing annexation."
Mayor Umstattd stated "! will be supporting this motion. This does not outright kill,
in anyway, the landowners petition. This allows them to continue forward. Nor does it kill
our ability to refile for annexation and according to what we heard from our special counsel,
Carter Glass, if we withdraw now we, in and of that act alone, preserve our right to refile at
anytime. This does not decide the issue one way or another."
"With regard to Councilmembers Martinez and Kramer on how well they did in the
last election. !t is rare you get two unknown first time candidates doing that well and
actually being elected over folks who had either run before or who had served on a
prominent board or commission. Mr. Martinez was within a handful of votes of Mr. Zoldos
who is very well known in the town having run before, and Ms. Kramer was right up there
as well."
"I would like to say that the idea that we might spend between $375,000.00 and
$450,000.00 more of tax payer's funds on pursuing a contested annexation fight is not
something that appeals to me. You are looking at over one penny on the tax rate, which
would be a 5% increase in the tax rate should we try to fund that kind of battle. ! was
concerned about a conversation ! had recently with one of the large landowners on his plans
for the large parcel of land, which he would like annexed into the town. !n that his only
plans for it were residential in character. !f any of us value protecting the future of the
Leesburg airport we can not put more residential around that airport whether it is a
retirement community or a subdivision of young families with school children. No matter
what age residents we put in there they will have increasing complaints about the noise
from increasing number of flights in and out of the airport."
"From everything !'ve seen, and !'ve said it before and ! continue to believe it, the
area around the airport does not have the potential in these market conditions in the next
10 years for building out as office park. Once that land is brought into the town, with town
water and sewer, it would take a very strong Council to resist the petitions we will receive to
rezone it to higher density residential. And our track record as a Council has not been good
on resisting that kind of pressure from the developers."
Town Council meeting minutes for November 13, 2002 Page 15
"Let me again state, Mr. Buttery's motion does not in anyway prohibit the
landowners from perusing their own annexation petitions. Tt would require them to do it at
their own expense rather than at the town's expense, i've gone door to door throughout
the town twice, once in 2000 and once in 2002. What i have heard from the public is
resounding opposition to annexation. The public that lives adjacent to the proposed
annexation area is probably happier with what the county has proposed, which is essentially
20 acres per unit, than they are with any alternate plans including office park. For example,
in Santmyer Drive, Tavistock Farms, they're appalled that office parks might go up. Their
feeling is we want a land use plan that preserves that rural feel to the parcels adjacent to
US."
"A second large landowner wants to put a retirement community in. Again, it's the
same problem, no matter what age of the people you put around the airport, they will begin
to exercise political clout eventually to either shut down the airport or restrict the hours
people can fly in and out of Leesburg. So you have to determine what role the airport is
going to take and T think Mr. Buttery's motion is probably the wisest approach because it
preserves at this point the further economic utility of the Leesburg airport. For those
reasons T will be supporting it tonight."
Vice-Mayor Jackson stated, "]: will not support this because it says we withdraw the
support from the landowners and i think Mr. Donnelly has said if we don't support them it
doesn't give us any pull at all. Also, i think that unlike you, after talking to Paul York and
Mike Freda about going up one cent or something like that on the tax rate for the
$450,000.00 or 475, 000.00 i think Mr. Zoldos and i agreed to that, but i don't agree with
withdrawing the town's support from the landowners.
Councilmember Zoldos stated, "First of all, clearly i don't support this for a lot of
reasons and i'd like to go thru those. With regards to Frank's comment about orderly and
efficiently moving from outwards of the town, that works okay if you have sufficient parcels
that fit. When someone comes here with a large corporation that would like to build a
university or a bio-tech facility or something like that, then what do you do with them?
There's no place in the town 50 acres or larger that they would fit. If you look at the
remaining properties, parcels, over 50 acres, even less than that, the majority percentage
of that is residential."
"Secondly i guess Yve got to ask you all when is the right time to do this? Again, no
one has a crystal ball, but the fact remains, you have to spend money to make money. The
annexation issue, in my opinion should be viewed as a long-term investment that provides
long-term benefits to the town. Regardless of whether $400,000, $800,000 or $1,000,000
is spent towards annexation the return on the investment will be much greater than that.
Clearly you can easily say here at this dais that we would like to vote on the architect for
the Loudoun Street. it appears no one seems to have a problem with spending up to
$375,000 for that. ]ust for the architectural drawings, rather than putting that towards
annexation."
"We have to have a petition pending or we have no bargaining power whatsoever
with the county. Let me remind you that when Shellhorn was purchased there was no
exchange of ideas between the County of Loudoun and this body. The last two resolutions
that they sent us, and I think Marty you said you didn't like what they did, T think that's
what you said last night, didn't do anything for the town. The EDC: strongly supports going
forward to provide a strong economic engine, and I commend them for their support."
Town Council meeting minutes for November 13, 2002 Page 16
"We don't eliminate the issue, which you your honor have talked about the
Southeast transportation issues. Those are major problems that are here today that are not
going to go away. Tf you think somebody is going to give us $192,000,000.00 in
transportation funds anytime soon, T think you're greatly mistaken. The development of the
park, the Phillip A. Bolen Park is not going to happen. The County of Loudoun does not
have the money, the Parks & Recreation Director has clearly stated that publicly. The issue
of the water and sewer utilities, ! think the question is if they're going to be extended who
in the heck is going to pay for them? Well, it would be better that we had a bunch of people
paying their fair share in a pro rata matter than us just footing it alone. ! have some other
questions about that also, as far as the water and sewer issues."
"The three basic reasons why we said to annex, one was the town economy, to make
it a vital economy for years to come and to balance the tax base as Karen Jones said earlier
this evening. The second was to protect the Leesburg Executive Airport. That's a big
investment we have out there and T think we need to act on it. The third one was the
transportation initiatives. The bottom line here, in my opinion, is ! can't support this
particular thing because we are not supporting the landowners petition, that's my reason
and the bottom line is there in no risk to the town to support the private petition, but there
are many benefits coming out of the bottom of that. ! see no reason why we shouldn't
support them."
Councilmember Martinez stated, "! would like to make a couple of comments. First,
what ! was elected for, ! don't remember saying ! was elected to knock down annexation.
When ! campaigned it was because ! was not happy with the process the past Town Council
took, which did not include the public input, which did not include any other type of
planning. !t seemed like it just came out of a box and was thrown at you and you had to
accept it. ! am not against annexation. ! do not have a problem annexing some of the
southeast areas. What ! do not approve of is going out and doing it because we think it's
the best thing to do. We don't have crystal balls, we don't have mandates, we have to
make smart decisions on this."
"! have no problem going out, looking at the areas, getting input from the public,
getting input from other Town Council areas, getting input from other commissions that are
involved, if we can come to a consensus and agree that this is a smart thing to do then we
should do it. But, we shouldn't just do it because the annexation committee says that that's
what we have to do. We have not gotten that and we need it."
"The other thing Mr. Zoldos said about $192,000,000.00 for transportation. You are
not going to tell me annexing the southeast corridor is going to give us $192,000,000.00.
There is no way we are going to do it. As far as protecting the airport, ! 100 percent agree
with you on that. We have to find a way to do that, but before we do that we have to make
sure that airport is self-sufficient. Currently it is having issues. We are subsidizing it. We
have a budget for it. !f that airport is going to be an asset to this town we cannot subsidize
it. !t has to be able to run on its own two feet. Right now, until we fix that problem, we
can talk about saving the airport, but it isn't going to do any good if it ends up going under.
Not that it will, we just have to look at these things for what they are."
"Going back to the people of Leesburg speaking, along with Melinda, ! have not
talked to anybody who has been for annexation out on the street. When ! see my
neighbors, when ! see people out on the street who recognize me and they ask me about
this annexation, ! have not seen overwhelming groundswelling support for annexation. !
don't say its not needed, its just that we have to get the town and the people's support for
it. Right now its not there. We talk about businesses coming into town, where are they?
Town Council meeting minutes for November 13, 2002 Page 17
Have we turned away people? Have we actually lost business because we did not annex?
Not only that, if there is somebody willing to come into our town who needs our services we
can handle that when it happens. !f, in rumor, if somebody wants to come and put a
building next to the airport and that needs to be put under BLA. We can do that then. We
don't have to annex in anticipation that in five years there will be people there. We can
handle those on a case by case basis."
"! still believe that when we sit down and we look at the Town Plan, include some of
these groups, come up with a strategic plan for annexation. Not only will that be the smart
thing to do, but we will have that support and we will not have to have these discussions,
we will not have to be so emotionally involved in it and we will be able to make a decision
we can live with and is visionary."
Councilmember Jackson asked, "Madam Mayor could we bring this to a vote? We have
people talking about on another and not bringing this to a vote and if T sit here and listen to
this when T go to church on Sunday T can not look the Lord in his eye when 1~ have a log in
my eye so ! think we need to go on after IVlr. Zoldos."
Councilmember Zoldos stated, "The final thing T would like to say is what we are
tossing away here is 20 years of planning through the town and the county. You all know
that Loudoun County, for the past 20 years has worked with the town in the Town Plan and
talked about expansion of the town into the UGA area and the expansion of the town south
of Leesburg way back to 1982, maybe before some of you guys were born."
"The County of Loudoun has supported developing and incorporating land
immediately adjacent to the Town of Leesburg for the past 20 years. You talked about the
Town Plan, all of these things that we talked about the Town Plan, the policies, business
development is in this."
"One last comment, with regards to the Leesburg Executive Airport, and this is a
little off track here but I'm going to respond to your comment Marty and that was about not
making any money. The reason we're not making any money there is because we have a
service debt for the hangers there. Once they're paid off this airport will flourish and
become very profitable."
Mayor Umstattd read the following resolution into the record:
2002-183
RESOLUTZON
DI'RECTI'NG COUNSEL TO W'rTHDRAW THE TOWN'S ANNEXATTON PETTTI'ON,
WTTH THE RI'GHT TO REF]'LE AT ANY TTME~ AND TO WI'THDRAW THE TOWN'S
SUPPORT FOR THE LANDOWNERS' ANNEXATI'ON PETI'TZON
WHEREAS, the Town Council desires to withdraw the Town's annexation petition with
the right to refile at any time; and
WHEREAS, the Town Council desires to withdraw the Town's support for the
landowners' annexation petition.
THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows:
Town Council meetinq minutes for November 13, 2002 Page 18
Counsel is directed to withdraw the Town's annexation petition, with the right to
refile at any time, and to withdraw the Town's support for the landowners' annexation
petition.
The motion was adopted by the following vote:
Aye: Buttery, Kramer, Martinez and Mayor Umstattd
Nay: Jackson, Schmidt and Zoldos
Vote: 4-3
There was a motion by Councilmember Martinez to disband and commend the
annexation committee, which failed for the lack of a second.
L. Boards and Commissions
Airport Commission
Councilmember Zoldos reported the next meeting is November 14th,
Thomas Balch Library Commission
No comment
Board of Architectural Review
No comment
d. Cable Commission
No comment
Economic Development Commission
No comment
Environmental Advisory Commission
No comment
Tnformation Technology Commission
No comment
ho
Parks and Recreation Commission
No comment
i. Planning Commission
No comment
j. Tree Commission
No comment
k. Standing Residential Traffic Committee
Vice-Mayor Jackson stated there is currently a vacancy on the Committee and
an advertisement has been placed in the paper.
Town Council meetinq minutes for November 13, 2002 Page 19
New business
a. Closed Session to discuss a personnel matter.
Tt was the consensus of Council to defer this closed session to the next
Council meeting.
The meeting adjourned at 12:10 a.m., November 14, 2002.
~C. Umstattd, Mayor /
Town of Leesburg
Ali-EST:
2002_tcmin 1113.doc