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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