HomeMy Public PortalAbout2002_12_10COUNCIL MEETING December 10, 2002
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Frank Buttery, Mervin ]ackson, Melinda Kramer, David
Schmidt, Robert Zoldos, and Mayor Kristen Umstattd.
Councilmembers Absent: Councilmember Martinez absent
Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly, Deputy Town
Manager Phillip Rodenberg, Director of Planning, Zoning and Development Susan Swift,
Economic Development Director Betsy Fields, Chief of Police -loe Price, Director of Parks &
Recreation Kaj Dentler, Assistant to the Town Manager Nicole Ard, Management Intern
Adam Brown and Assistant to the Clerk of Council Deborah Parry.
AGENDA ITEMS
A. Invocation by Councilmember Kramer.
B. Salute to the Flag was led by Girl Scout Troop 4940.
C. Roll Call: showing Councilmember Martinez absent.
D. Minutes:
On a motion by Councilmember Zoldos, seconded by Vice-Mayor Jackson, the
minutes of the November 13, 2002 meeting were approved by a 6-0-1 vote.
On a motion by Councilmember Buttery, seconded by Councilmember Kramer, the
minutes of the November 25, 2002 worksession were approved by a 6-0-1 vote.
On a motion by Councilmember Schmidt, seconded by Councilmember Buttery, the
minutes of the November 26, 2002 meeting were approved by a 6-0-1 vote.
Presentations
a. Special Recognition - Parks & Recreation Commission
Mayor Umstattd presented plaques to ]ohn Laycock and ]ohn Elgin for their
dedication and service to the Parks & Recreation Commission. Plaques will also be
presented to lane Fellows and .lames Timbers who were not in attendance.
b. Special Recogniton - Kaj Dentler
Mayor Umstattd, on behalf of Council, recognized Mr. Dentler for his hard
work and dedication with the Parks & Recreation Department and especially for his
work on the Ida Lee Recreation Center expansion.
F, Petitioners:
Chester DeWitt, Custom Cruisers of Loudoun County, asked Council for a
reconsideration of the decision by Parks & Recreation to deny their request to hold their
annual charity event downtown. He stated moving the event to Ida Lee would not attract as
many participants and the location would be inadequate for their needs.
Town Council meetinq minutes for December 10, 2002 Paqe 2
Paul Ritchy, 221 Shenandoah Street, stated there have been problems in his
neighborhood with children and young adults gathering in the streets. He stated there have
been numerous occurrences of citizens complaining to police and having their cars keyed or
tires slashed. He asked that Council do something to stop this and suggested having the
offenders spend four Saturdays during the summer cleaning up the streets.
Mayor Umstattd asked Bob Noe and Chief Price to look into this issue and advise
Council as to what sort of action should be taken.
Mr. Ritchy further addressed parking issues at Ida Lee and in the Town garage. He
suggested having a meter maid posted or having police regularly checking those areas and
issuing citations for violations.
Robert Brown, 301 W. Market Street, expressed his support of the Custom Cruisers
and asked that the Parks & Recreation decision be reconsidered.
Chuck .]ones, 112 Prince Street, asked that Council look at the NE Improvements as
a whole and that the same improvements be made to all of the streets.
Connie Fletcher, 232 W. Market Street, expressed her support of the downtown
consultants economic development report.
Karen .1ones, 112 Prince Street, stated her support for the Custom Cruisers show in
the downtown. Further she made the following recommendations to Council: (1) better
communication with the Loudoun County Convention and Visitor's Association; (2)
approving the Catoctin Circle Trail as it is an important part of the Town; (3) moving ahead
on the expansion of Town Hall by selecting an architect; (4) allowing the Economic
Development Commission to be involved with the Oaklawn issue; (5) moving forward with
the Town Hall Visitor's Center; and (6) establishing an Ad Hoc committee to assist with the
Comprehensive Plan review.
Linda Callagy, Loudoun County Convention and Visitor's Center, stated her concern
with the removal of their sign at Catoctin & King Streets.
Greq Harp, Loudoun County Convention and Visitor's Center, stated he worked with
Calvin Grow on the placement of the sign at Catoctin Circle and King Street. Further, he
stated the historic district signs have been ordered and should arrive Monday or Tuesday.
Rita McClenny, Virginia Tourism Corporation, stated the Town needs to work with the
Loudoun County Convention and Visitor's Center to support the historic district.
Bob Primack, 217 Shenandoah Street, expressed his support for the Custom Cruisers
event in the downtown. Further, he stated the Loudoun County Convention and Visitor's
Center does a good job of promoting the County. He stated the downtown merchants have
been losing money since the LCVA moved out of the downtown. He further asked that the
sign not be replaced at its original location.
Amy Cross Monroe, Comfort Suites, stated the people who signed Mr. Primack's
petition to move the sign did not know what they were signing. She further stated her
support for returning the sign to its original place.
Rick Knight, 202 Fairview Street, thanked Council for the improvements to Fairview
Street and commended Nagi Elswaissi and Renee LaFollette for their efforts on the project.
Town Council meeting minutes for December 10, 2002 Page 3
He further expressed his support for the Catoctin Street Trail.
G. Public Hearing
None
H. Council Comments
Councilmember Schmidt thanked all citizens for coming out tonight. He further
stated his support for the Custom Cruisers. Further, he wished all citizens happy holidays.
Councilmember Zoldos wished everyone happy holidays and Merry Christmas.
commended the Parks & Recreation staff, street crew and police for a wonderful tree
lighting and parade.
He
Further, he asked that the town staff remove the snow from the W&OD trail between
Dry Mill & Catoctin Circle.
Vice-Mayor Jackson wished everyone happy holidays and asked that people
remember this is the holiday of giving and not receiving.
Councilmember Buttery stated Rick Knight has come before the Council many times
to address issues and it is very reflective on the Town staff that he came tonight to thank
Nagi Elswaissi, Renee LaFollette and all of the staff that worked on the Fairview
[mprovements. Further, he stated that as you go around town you get many compliments
on the Town staff.
Councilmember Buttery congratulated the Stone Bridge High School Football team on
getting to the semi-finals for the state championship. Further, he wished all residents
happy holidays.
Councilmember Kramer stated she lives off Fairview Street and is very happy with
the improvements the Town has done. Further, she stated the Town staff has been
wonderful to all of the residents on the street. She also wished all residents happy holidays.
:[. I~ayor's Comments:
Mayor Umstattd thanked the Custom Cruiser supporters for coming in tonight. She
stated she is trying to find a compromise that would allow the show in the downtown, but
avoid the negative impact on .lock's Exxon, which loses 50% of its business every time the
streets are closed. She asked staff to look into the option of parking the cars along King &
Market and not closing the streets.
Mayor Umstattd thanked Willie Schmidt for his participation in the tree lighting
ceremony and Matt and Katherine Buttery for their participation with the Loudoun Fife &
Drum Corps. Further, she thanked Hr. Zoldos' granddaughter for her participation in the
parade. She commended Kaj Dentler, Abby Kimble and Jennifer Montgomery for a fine job
in organizing the tree lighting and parade and thanked the police, police auxiliary and street
crew for keeping the citizens safe and the streets clear. She wished all citizens a happy
holiday season.
Mayor Umstattd read the following comments from Councilmember Martinez into the
record:
Town Council, Town Staff and Town of Leesburg,
Town Council meeting minutes for December 10, 2002 Page 4
Tt is with regrets that T cannot attend this evening's Town Council meeting. T hope
that in the short time that ! have been a member of the current Town Council, that you
have the optimism for our future as T have. Though we have been through some tough
times in our economy and have to look forward to tougher times, T feel that we can make
the critical, and right choices to continue to bring Leesburg forward while maintaining its
small and historic town appeal.
T was optimistic at the potential that was shown to us by the consultants who
presented their draft of a business strategy for our town. !t will take a creative citizen,
government and business solution to implement the strategy but ! feel if we want it bad
enough, we can do it.
There is more ! would like to say which would include my appreciation of the town
staff, the hard work of the boards and commissions but in lieu of our last couple of council
working sessions and meeting ! will only offer you this:
May god bless you in all things,
May you share your blessings with those in need,
May your prayers be heard,
May your holiday season be long and happy,
May you pass your happiness to others,
Amen,
To Town Council, Town Staff, Boards and Commissions, and the Citizens of
Leesburg (Which includes my wonderful wife and children and grandchildren):
Have a Merry Christmas, and a Happy New Year.
Be safe, ! want to talk to you next year, not about you.
Looking forward to a great and fulfilling New Year.
Sincerely,
Marry Martinez
Councilmember Zoldos also extended his thanks to the Auto Gallery for providing the
cars for the Mayor, Chairman York, Supervisor Herring and himself to ride in during the
parade.
.1. I~lanager's Report:
Mr. Noe thanked Nagi Elsewaissi and Renee LaF°llette for their efforts with Fairview
Street and South King Street projects. He stated the Catoctin Circle project went off
wonderfully.
Further, he stated there would be a full run of the new audio/visual system at the
next Council meeting. He also thanked Adelphia for providing the funds to purchase it.
Mr. Noe, on behalf of all Town of Leesburg employees, thanked Mayor and Council
and citizens for their support this year. Further, to the citizens he wished that people of all
faiths will enjoy peace and tranquility during the holidays and the coming year.
K. Legislation
CONSENT AGENDA
-- On a motion by Vice-Mayor Jackson, seconded by Councilmember Buttery, the
Town Council meetinq minutes for December 10, 2002 Page 5
following consent motion was proposed:
2002-192
RESOLUTION
Authorizing an agreement and approving a performance guarantee and water and sewer
extension permits for Stratford, Landbay E.
2002-19:3
RESOLUTION
Authorizing a time extension for completion of public improvements and approving a
performance guarantee for Stowers, Section 1.
The motion was approved by the following vote:
Aye: Buttery, 3ackson, Kramer, $chmidt, Zoldos, and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
REGULAR AGENDA
On a motion by Councilmember Zoldos, seconded by Vice-Mayor .lackson, the
following motion was proposed:
2002-194
RE$OLUTTON
Authorizing the Town Manager to execute an engineering services agreement with CH2M Hill
and approving task order #1 and #2, in the amount of $104,200.00, for the water filtration
plant expansion project.
The motion was adopted by the following vote:
Aye: Buttery, .]ackson, Kramer, Schmidt, Zoldos and Mayor Umstattd
Nay: None
Vote: 6-0-1 (IVlartinez)
On a motion by Councilmember Schmidt, seconded by Councilmember Kramer, the
following motion was proposed:
2002-195
RESOLUTION
Approving a landscape design (Option B) for a memorial to be constructed at Freedom Park
to honor the victims of the national tragedies that occurred on September 11, 2001, in
addition to inclusion and recognition of other significant dates in American history.
The motion was adopted by the following vote:
Aye: Buttery, .lackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd
Nay: None
Vote: 6-0-1 (IVlartinez absent)
RESOLUTION
Rescinding the November 26th motion to remove the LCVA sign at S. King and Catoctin.
This resolution failed for lack of a motion.
Town Council meeting minutes for December 10, 2002 Paqe 6
On a motion by Vice-Mayor Jackson, seconded by Councilmember Zoldos, the
following motion was proposed:
2002-:196
RESOLUT]:ON
Authorizing funding and approval to proceed with the development of the Catoctin Circle
Trail project in accordance with the 1999 grant award of $100,000 from the Virginia
Recreational Trails Fund and authorizing the use of Ida Lee Park surplus bond funds in the
amount of $225,000.
Councilmember Zoldos reminded the public there is a 1999 grant that was awarded
to the Town in the amount of $100,000, which will be reimbursed to the Town.
Mayor Umstattd stated she could not support this item because of her concern with
the $440,000 shortfall the Town will be facing in the budget. Further, if the bond funds
were used for the opening of Freedom Park; the surplus Freedom Park funds could be
placed into the general fund and would constitute a little over half of the projected shortfall.
Councilmember Buttery stated this is a good move forward because of the amount
the Town is receiving from the State grant.
The motion was adopted by the following vote:
Aye: Buttery, Jackson, Kramer, Schmidt and Zoldos
Nay: Mayor Umstattd
Vote: 5-1-1 (Martinez absent)
On a motion by Vice-Mayor Jackson, seconded by Councilmember Schmidt, the
following motion was proposed:
2002-197
RE$OLUTTON
Selecting an architect for contract negotiation for the Loudoun Street addition to Town Hall.
Mayor Umstattd read the following resolution into the record:
SELECTING AN ARCHITECT FOR CONTRACT NEGOTIATION FOR THE LOUDOUN STREET
ADDITION TO TOWN HALL
WHEREAS, employee work space in Town Hall is becoming scarce as the town
government has added staff to serve a growing population; and
WHEREAS, Town Council has authorized the staff to pursue the services of an
architect to design the Loudoun Street addition to Town Hall; and
WHEREAS, 10 firms responded to the town's request for proposals, four were
interviewed by a staff review panel and two were found to be highly qualified and thus short
listed, based on their prior experience with similar projects in historic districts; and
WHEREAS, on March 25 and November 12, 2002 Council interviewed the firms of
Bowie-Gridley Architects of Washington, DC and Hanno Weber and Associates of Chicago for
the architectural services contract; and
Town Council meeting minutes for December 10, 2002 Page 7
WHEREAS, staff recommends that the Council select one of the firms for contract
negotiations.
THEREFORE, RESOLVED that the Council of the Town of Leesburg in Virginia hereby
selects the firm of and authorizes the Town Manager to negotiate a proposed
professional services agreement with said firm and present the proposed agreement to the
Council for approval.
Mayor Umstattd asked if Vice-Mayor Jackson and Councilmember Schmidt if they
would like to name a particular firm in their motion?
Both stated they would like to name Bowie-Gridley in their motion.
Mayor Umstattd stated the amendment that was suggested to her would eliminate
the language at the very end of the resolution and would have it read, "Therefore, Resolved
that the Council of the Town of Leesburg in Virginia hereby selects the firm of Bowie-
Gridley."
Councilmember Zoldos stated he would like to make a motion that would select the
firm of Bowie-Gridley, but would not enter the Town into a contract.
Vice-Mayor Jackson stated he would accept the friendly amendment.
Councilmember Schmidt stated the purpose is not exactly as Councilmember Zoldos
is stating. He clarified that the current language does not authorize the staff to contract
with the firm, but rather to negotiate and present an agreement to Council that would have
to be approved; therefore, the existing language works and would actually save some time
given that Council will not meet again for a month.
Mayor Umstattd verified that Councilmember Schmidt does not accept the friendly
amendment and it will go forward as a motion to amend, which will take precedence over
the original motion.
Councilmember Zoldos made the motion to amend which was seconded by Vice-
Mayor Jackson.
Councilmember Buttery stated the consensus of Council seems to be that they would
like to select the architect but wait on any negotiations. He stated he agrees with
Councilmember $chmidt regarding the current language. He suggested, rather than enter
into another layer of amendments, the language could be changed to select the firm, but
before the Town Manager negotiates a professional service agreement that further
discussion with the Council and Town staff occur.
Mayor Umstattd asked Councilmember Buttery how that would read?
Councilmember Buttery stated it could read "Authorizes the Town Manager after
further discussion with Council and upon Council's approval to negotiate a professional
services agreement with said firm and present the agreement to the Council for approval."
Mayor Umstattd stated this is a proposed friendly amendment to Councilmember
Zoldos and Vice-Mayor Jackson's motion to amend if they agree to it as such. If not, it will
be taken up as a separate motion to amend the main motion.
Town Council meetinq minutes for December 10, 2002 Paqe 8
Councilmember Zoldos asked the Town Attorney if the original resolution which
states "authorizes the Town Manager to negotiate" means to enter into a contract?
Bill Donnelly stated it is just to negotiate a contract but there would be no binding
contract until it was brought back and approved by the Council.
Further, he stated to just select a firm and just leave it at that, what could staff do
with that type of authorization? He stated The Virginia Public Procurement Act you get a
short list, you pick which is the most qualified. The locality attempts to negotiate a contract
with that individual then the issue is brought back to the Council to approve, disapprove or
send back for further negotiations.
Councilmember Zoldos stated what is confusing is "negotiate professional service
agreement with said firm and present the agreement" which is a contract in my opinion" to
the Council."
Bill Donnelly suggested adding the word proposed.
Mayor Umstattd stated that would read "negotiate a proposed professional services
ag reement"?
Bill Donnelly stated and add "and bring back the proposed contract for approval".
Councilmember Zoldos and Vice-Mayor Jackson withdrew their amendment.
Mayor Umstattd clarified that the final paragraph would read, "THEREFORE,
RESOLVED the Town Council of the Town of Leesburg in Virginia selects the firm of Bowie-
Gridley and authorizes the Town Manager to negotiate a proposed professional services
agreement with said firm and present the proposed agreement to Council for approval."
She further stated this would go back to Councilmember $chmidt and Vice-Mayor
Jackson's original motion.
Vice-Mayor Jackson and Councilmember Schmidt accepted the new language.
The motion was adopted by the following vote:
Aye: Buttery, Jackson, Kramer, and Schmidt
Nay: Zoldos and Mayor Umstattd
Vote: 4-2-1 (Martinez absent)
L. Boards and Commissions
Airport Commission - Councilmember Zoldos stated the next commission
meeting is scheduled for December ~2th at 7:30 p.m.
Thomas Balch Library Commission
No comment
Co
Board of Architectural Review
No comment
d. Cable Commission
No comment
Town Council meetinq minutes for December 10, 2002 Page 9
Economic Development Commission - Councilmember Schmidt stated the
Commission would meet on December 20th,
Environmental Advisory Commission
No comment
information Technology Commission
No comment
Parks and Recreation Commission
No comment
i. Planning Commission
No comment
j. Tree Commission
No comment
Standing Residential Traffic Committee
On a motion by Vice-lVlayor Jackson, seconded by Councilmember
Zoldos the following motion was proposed:
2002-298 RESOLUTTON
IVlaking an appointment to the Residential Traffic Committee - Gabrielle S.
Kelemen.
The motion was approved by the following vote
Aye: Buttery, Jackson, Kramer, Schmidt, Zoldos
and Mayor Umstattd
Nay: None
Vote: 6-0-1 (IVlartinez absent)
New business
a. Oaklawn at Stratford
On a motion by Councilmember Zoldos, seconded by Councilmember
Schmidt, the following motion was proposed:
2002-199
RESOLUTION
Scheduling a Public Hearing on Oaklawn at Stratford Applications.
Mayor Umstattd read the resolution into the record.
SCHEDULTNG A PUBLIC HEAR]~NG ON OAKLAWN AT STRATFORD APPLICATIONS
WHEREAS, the Council desires to conduct a public hearing on Oaklawn at Stratford
(Stowers Family Limited Partnership) ZM-159 Proffer Amendment/Concept Plan Amendment
& Town Plan Amendment TP-02-01 (the "Applications").
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that staff
is directed to schedule a public hearing on the Applications on February 11, 2003.
Town Council meeting minutes for December 10, 2002 Page 10
The motion was approved by the following vote:
Aye: Buttery, .lackson, Kramer, $chmidt, Zoldos and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
b. Closed Session to discuss a personnel matter
On a motion by Mayor Umstattd, seconded by Councilmember Buttery, the
following motion for a closed meeting was proposed:
Pursuant to Sections 2.2-3711 (A)(1) of the Code of Virginia, I move that the
Leesburg Town Council convene in a closed meeting to consider a personnel matter,
specifically the annual performance evaluation of the Town Manager.
The motion was adopted by the following vote:
Aye'. Buttery, .lackson, Kramer, Schmidt, Zoldos and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
Council adjourned in closed session at 9:16 p.m.
Council reconvened at 10:20 p.m. and Mayor Umstattd proposed the following
motion, seconded by Councilmember Zoldos.
in accordance with Section 2.2-3712 (D) of the Code of Virginia, I move that
Council certify that to the best of each member's knowledge, only public business
matters lawfully exempted from open meeting requirements under the Virginia
Freedom of information Act and such public business matters as were identified in
the motion by which the closed meeting was convened were heard, discussed or
considered in the meeting by Council.
The motion was adopted by the following vote:
Aye: Buttery, Jackson, Kramer, Zoldos and
Mayor Umstattd
Nay.' None
Vote: 5-0-2 (Martinez and $chmidt absent)
The meeting adjourned at :~0:20 p.m.
K~isten C~. U-0~r~stattd, Mayor
Town of Leesburg
A~-I-EST:
~erk of Council
2002_tcmin:L210.doc