HomeMy Public PortalAbout2003_01_28COUNCIL MEETING January 28, 2003
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Frank Buttery, Mervin Jackson, Melinda Kramer, Marry
IVlartinez, David Schmidt, Bob Zoldos, and Mayor 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
Information Technology Michel Agujia, Director of Human Resources Dona Wolf,
Budget Officer Mike Freda, Assistant to the Town Manager Nicole Ard, Management
Intern Adam Brown, Clerk of Council Judy Ahalt, and Assistant to the Clerk Debi
Pa try.
AGENDA ITEM.~
A. Tnvocation by Councilmember Zoldos.
Salute to the Flag by Councilmember Buttery.
a. The National Anthem preformed by Paul Ritchey
C. Roll Call showing all present.
D. Minutes:
On a motion by Councilmember Buttery, seconded by Councilmember
Martinez, the minutes of the January 13, 2003 worksession were approved with
editorial changes by a 6-0-1 vote; Zoldos abstaining.
On a motion by Councilmember Martinez, seconded by Councilmember
Buttery the minutes of the January :14, 2003 meeting were approved with editorial
changes by a 6-0-:1 vote, Zoldos abstaining.
It was the consensus of Council to vote on agenda Item 9 at this time.
On a motion by Vice-Mayor Jackson, seconded by Councilmember Zoldos, the
following motion was proposed.
2003-12
RESOLUTION
Accepting public improvements, releasing the performance guarantee and approving
a maintenance guarantee for public improvements at the Greenway Farm ultimate
storm water management pond.
Mayor Umstattd stated she had not received any negative comments
regarding this item.
Town Council Minutes for January 28, 2003 Page 2
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
Presentations:
a. Resolution of Respect - Charles Monroe
On a motion by Vice-Mayor Jackson, seconded by Councilmember Buttery
the following motion was proposed and read into the record:
Resolution of Respect
Charles Monroe
WHEREAS, Charles Monroe was a life-long resident of Arlington County; and
WHEREAS~ Mr. Monroe's community activism had strong roots which began
with his father's appointment as the first African American Arlington County judge
and his mother's election as the first African American Arlington School Board
member; and
WHEREAS~ Mr. Monroe has been a tireless activist for affordable housing and
increased public participation by minorities; and
WHEREAS~ Mr. Monroe served on a number of civic organizations and
advisory committees, including the Arlington Human Rights Commission, the
Arlington Housing Corporation, the Arlington Board of Zoning Appeals and the
Northern Virginia Regional Commission; and
WHEREAS, Mr. Monroe was employed by the law firm of Duncan & Hopkins
in Alexandria as a civil litigation attorney; and
WHEREAS, Mr. Monroe was first ejected to the Arlington County Board of
Supervisors on January 1, 2000, serving as Vice-Chairman in 2002 and elected
Chairman on January 1, 2003; and
WHEREAS~ Mr. Monroe suffered an untimely death on January 11, 2002 at
the age of 46; and
THEREFORE, RESOLVED the Mayor and members of the Council of the Town
of Leesburg in Virginia extend their sympathy to the Monroe family and their
appreciation for his dedicated service, as a valuable colleague in the service of local
government and ask that this Resolution of Respect be spread upon the minutes of
this meeting and that a copy be sent to the Monroe family.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos
and Mayor Umstattd
Nay: None
Vote: 7-0
Town Council Minutes for .lanuary 28, 2003 Page 3
b. Certificate of Appreciation - Marilynn Cushman
Mayor Umstattd stated this certificate is to be presented to Ms.
Cushman for her dedicated service to the Town of Leesburg and the Finance
Department for the period November 1983 through January 2003. Ms.
Cushman was not in attendance.
c. Certificate of Appreciation - .lanet Smith
Mayor Umstattd stated this certificate is to be presented to Ms. Smith
for her dedicated service to the Town of Leesburg and the Leesburg Police
Department for the period July 1974 through January 2003. Ms. Smith was
not in attendance.
d. Certificate of Appreciation - Leesburg Best Western
Mayor Umstattd presented certificates to the Leesburg Best Western
for providing free accommodations to the family of a Loudoun Hospital patient
during the holiday season. The certificates were presented to Ms. Sherri
Cooper, General Manager and Ms. Anne Diamond Hayes, Director of Sales.
e. Broadlands Regional Medical Center
Mr. Tony Calabrese of HCA discussed the location of the site for the
proposed Broadlands Regional Medical Center and outlined the current and
future health care needs of Loudoun residents. He stated the new hospital
would provide an additional 180 beds to the county.
F. Petitioners:
Paul Ritchey, 221 Shenandoah Street SE, apologized to Chief Price for
bringing his concerns regarding Shenandoah Street to Council before addressing the
Chief. Further, Mr. Ritchey complimented the Town on the success of the Catoctin
Circle widening project, and asked that staff look into the location of the trees on
Catoctin Circle near the Town Branch.
In addition, Mr. Richey requested that staff look at ways to improve the Rt.
15 flyover for residents who need to cross the lanes of traffic quickly in order to
make a left turn onto Sycolin Road.
Chuck ]ones 1:L2 Prince Street NE, asked Council to reconsider the approved
improvements to the Lowenbach subdivision and encouraged the Town to improve
the neighborhood to the standards of other neighborhoods in the Town.
Doris Kidder, 214 Loudoun Street SW, stated her support for the Loudoun
Street addition to Town Hall.
Laura Walsh, 119 Washington Street NE, stated if the Town is spending
money to improve the Lowenbach subdivision, those improvements should make
sense. She stated since the majority of foot traffic on Washington Street comes
from the residents on the east side, the sidewalk should be moved to that side of the
street. Further, in order to save the trees on the east side in front of Cavalier Arms,
she recommend running the sidewalk north of Cavalier Arms to Blue Ridge Avenue
and south of Cavalier Arms to Edwards Ferry Road with a space in the middle to
preserve the trees.
Bob Brown, 301 W. Market Street, stated his support of the Loudoun Street
expansion to Town Hall and suggested having retail on the ground floor of the
Town Council Minutes for 3anuary 28, 2003 Page 4
building. In addition, Mr. Brown, spoke for the condo owners of Cavalier Arms in
support of the staff recommended improvements to Washington Street.
Nell Steinberg, 2A Loudoun Street, stated the urgent need for a downtown
visitor's center and the perfect opportunity that the Loudoun Street expansion of
Town Hall would offer.
Peter Dunning, ! East Market Street, President of Bluemont Concert Series,
discussed the success of the Martin Luther King, Jr. March, the 2002 First Night
Leesburg, and the upcoming 21st annual Bluemont Concert Series. He stated the
budget for the Commission for the Arts in Virginia has been cut by the state and
asked Council to consider a supplemental appropriation to the Bluemont Concert
Series for $10,000.
Karen Jones, Chairman of the Leesburg Economic Development Commission,
urged Council to take the next step forward and approve the contract with Bowie
Gridley for the Loudoun Street Expansion to Town Hall.
Paul Kreingold, 207 Catoctin Circle NE, outlined his concerns with the
Lowenbach subdivision improvements as proposed by staff. He stated first and
foremost this project should be considered a Neighborhood Tmprovement project.
Second, brick sidewalks should not be limited to the historic district and should be
considered in the improvements. Third, piecework of this neighborhood is
inadequate; it should be improved as a whole.
Joan Rokus, 413 Tudor Court, reminded Council of the Annual Arbor Day
celebration on April 12th at Banshee Reeks Park. She further recognized Nicole Ard
and Jay Banks for their volunteer work for the celebration.
Public Hearing:
There were no public hearings.
H. Council Comments:
Councilmember Schmidt stated he would be requesting two items of new
business at the end of the meeting.
Councilmember Martinez had no comments.
Councilmember Zoldos stated he attended VML day, the opening of the
Loudoun Hospital's Cornwall Street emergency room, the opening of the Loudoun
Hospital Birthing Inn and the ground breaking for the Stanley F. Caulkins Terminal
Building. Further, he recognized Tom Mason and Nagi Elsewaissi for the successful
widening of Catoctin Circle and asked that a letter be prepared to the K-mart
Corporation asking them to reconsider the closing of their Leesburg store.
Vice-Mayor Jackson had no comment.
Councilmember Buttery thanked Mr. Ritchey for performing the National
Anthem.
Councilmember Kramer had no comment.
T. Mayor's Comments:
Town Council Minutes for .]anuary 28, 2003 Page 5
Mayor Umstattd thanked Vice-Mayor Jackson for attending the Martin Luther
King, Jr. Celebration and Councilmembers Kramer, Martinez and Zoldos for attending
VML day and meeting with Delegates May, Ports, and Senator Mims' staff.
Further, she thanked Tom Mason, Nagi Elsewaissi, Renee Lafollette and Bob
Noe for their efforts on the Catoctin Circle Widening project.
.1. Town Manager Comments
Bob Noe stated he would like Chief Price to present some information
regarding gangs at the end of the meeting. Further, he stated VML has suggested
the Towns oppose proposed state legislation, which would impose a cap on real
estate assessments and asked that Council consider the matter at the end of the
meeting.
K. Legislation
ORDTNANCES
On a motion by Councilmember Martinez, seconded by Councilmember
Kramer, the following motion was proposed:
2003-O-1
ORDINANCE
Establishing a Council Rule of Order regarding voting on a new business item.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, IVlartinez and Mayor Umstattd
Nay: Schmidt and Zoldos
Vote: 5-2
CONSENT AGENDA
It was the consensus of Council to remove item 4 of the consent agenda and
discuss it under the regular agenda.
On a motion by Councilmember Buttery, seconded by Vice-Mayor .]ackson, the
following consent motion was proposed:
2003-13
RESOLUTION
Making a reduction of the performance guarantees for public improvements installed
in Sycamore Hill, Phase T, Sections 4&5.
2003-14
RESOLUTION
Authorizing an agreement and approving a performance guarantee and water and
sewer extension permits for Stowers Recreation Center.
2003-15
RE$OLUTTON
Agreeing to reimburse the Virginia Department of Transportation up to $20,000 for
federal funds to install bus shelters, should the Town suspend or cancel the project,
and appropriating $25,000 in General Fund monies for the project.
2003-16
Town Council Minutes for January 28, 2003 Paqe 6
RESOLUT?ON
Authorizing engineering design contracts for civil engineering services to Chester
Engineers, Whitman Requardt & Associates, L.L.P., and William H. Gordon.
2003-17
RESOLUT]:ON
Authorizing an agreement and approving water and sewer extension permits and
waiving a performance guarantee for the Frances Hazel Reid Elementary and Smart's
Mill Middle School.
The consent agenda was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, and Zoldos
and Mayor Umstattd
Nay: None
Vote: 7-0
REGULAR AGENDA
On a motion by Councilmember Martinez, seconded by Councilmember
$chmidt, the following motion was proposed:
2003-18
RE$OLUTZON
Awarding a contract to Bowie Gridley Architects for architectural and engineering
services up to $360,000 for the Loudoun Street addition to Town Hall.
Mr. Noe stated the space issue is one of the most important issues facing the
Town Council at this time. He outlined the tremendous amount of staff time
dedicated to finding a solution to this problem. Further, he stated both the Leesburg
Economic Development Commission and the Downtown Consultants agreed there
would be many benefits to the Town from the Loudoun Street expansion going
forward.
Councilmember Schmidt stated his consensus with the Town Manager and
stated this proposal comes at a good time when interest rates are at an all-time Iow.
He stated he would not support leasing space. Further, he stated the addition of
space might attract the Loudoun Convention and Visitor's Center back downtown.
Councilmember Martinez concurred with Councilmember Schmidt stating the
government should not be leasing space, which could be leased to a private
business. He stated this shows tremendous foresight and is a win-win situation,
Councilmember Buttery stated his concerns with how the Town comes to this
point in a contractual agreement. He stated the Council should be involved earlier in
the process and given the opportunity to see engineering service proposals from
different companies to ensure the Town is getting the best price. However, he
stated this is a good project and is in the overall best interest of the Town.
Councilmember Kramer stated this project has the support of the staff, the
merchants and citizens of Leesburg. She stated this is in the best economic interest
of the Town and is a positive direction for the Town.
Town Council Minutes for January 28, 2003 Paqe 7
Mayor Umstattd stated she would not support this project for many reasons.
First, there should be no more government buildings in the downtown. The property
should be used for retail, thus preserving the heritage of the historic district.
Secondly, she objects to the use of Utilities Funds to pay for a project, which
should come out of the General Fund.
Thirdly, the Town is continually increasing staff and should instead look at
preserving jobs for the staff that we currently have.
Fourth, citizens do not normally vote to approve new government centers,
citing the failed referendum for a new County building.
The motion was approved by the following vote:
Aye: Buttery, Kramer, Schmidt and IVlartinez
Nay: Jackson, Zoldos and Mayor Umstattd
Vote: 4-3
On a motion by Councilmember Zoldos, seconded by Vice-Mayor Jackson, the
following motion to table was proposed:
RESOLUTION
Communicating utilities and roadway concerns regarding the Shellhorn property to
the Loudoun County Board of Supervisors.
Councilmember Zoldos asked for a motion to table for two weeks to give
Council the opportunity to review the different possible resolutions for this item.
The motion to table was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay.' None
Vote: 7-0
On a motion by Councilmember Martinez, seconded by Vice-Mayor Jackson,
the following motion was proposed:
2003-::L9
RESOLUTION
Amending sections 12.1-10-11 of the Personnel Manual regarding the classification of
employees.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Councilmember Schmidt, seconded by Councilmember
Martinez, the following motion was proposed:
2003-20
Town Council Minutes for January 28, 2003 Page 8
RESOLUT:I:ON
Authorizing a sister city relationship with Samcheok, South Korea
The motion was approved by the following vote:
Aye: Jackson, Buttery, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay.' None
Vote: 7-0
Boards and Commissions
a. Airport Commission
Councilmember Zoldos stated the Commission would soon finalize the
RFP for the ground lease of 93,000 square feet next to the terminal
building.
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
Parks & Recreation Commission
No comment
Planning Commission
No comment
Tree Commission
Councilmember Schmidt stated the Commission would be forwarding
an item to Council regarding the Kousa Dogwoods.
Standing Residential Traffic Committee
No comment
New Business
a. UGA Workgroup
On a motion by Councilmember Zoldos, seconded by Vice-Mayor
Jackson, the following motion was proposed:
Town Council Minutes for January 28, 2003 Page 9
RE$OLUT]:ON
Authorizing an Urban Growth Area (UGA) Workgroup.
Councilmember Zoldos read the resolution into the record.
A RESOLUTION:
AUTHORTZTNG AN URBAN GROWTH AREA (UGA)
WORKGROUP
WHEREAS, the Town Council desires to focus on potential development
surrounding the Leesburg Executive Airport and identify potential economic
benefits that those properties may contain within what was formerly known
as the Urban Growth Area (UGA); and
WHEREAS, the UGA Workgroup mission and scope is to include wide
citizen participation and representatives from the Town of Leesburg Boards
and Commissions; and is the intent of this workgroup to make the scope as
wide ranged as possible to investigate, research, study and report to the
Leesburg Town Council the findings regarding the role the Town should play
in the area zoning and future development, specifically in the UGA. The
possible effects upon the tax base and the potential benefits that proper
development might have upon the town and county should be considered in
meeting discussions; and
WHEREAS, the Council's position is to be prepared and have a plan for
execution in the event that additional properties surrounding the Leesburg
Executive Airport become available for inclusion into the Town of Leesburg
corporate boundary; and
WHEREAS, on June 25, 2002, the Council adopted Resolution No.
2002-112, for participation and citizen involvement to study the former UGA.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia that the Council formally recognizes and sanctions the Urban Growth
Area Workgroup to report to the Town Council potential development and
usage for the properties surrounding the Leesburg Executive Airport and its
impact on the Leesburg Executive Airport.
Councilmember Martinez proposed a friendly amendment to broaden
the spectrum to include not only the airport, but also any area that has
potential for improvement.
Vice-Mayor Jackson asked which properties are included?
Councilmember Martinez stated it could include the Barber & Ross
property as well as any other property identified in the consultant's report.
Mayor Umstattd stated she could not support this resolution because
the group should be under the purview of the Planning Commission and
because the spectrum is so large it could appear to citizens this is another
attempt at annexation.
Councilmember Buttery concurred stating he would not like to send
any conflicting messages.
Town Council Minutes for January 28, 2003 Page 10
Councilmember Zoldos stated the idea is to concentrate on the airport
area and work with businesses that wish to come to Leesburg. He further
stated there would be minimal staff time involved.
Councilmember Martinez stated he supports the concept of the group,
but would like the language changed to focus on different areas, not just one
part of town.
The motion failed by the following vote:
Aye: ~lackson, Schmidt and Zoldos
Nay: Buttery, Kramer, and Mayor Umstattd
Vote: 3-3-1 (Martinez abstaining)
b. Northeast Leesburg Tmprovements.
On a motion by Councilmember Schmidt, seconded by Mayor
Umstattd, the following motion was proposed:
A motion to proceed with the Northeast Leesburg improvements
project as previously approved, with the exception of Washington Street
where the sidewalk would be moved to the east side and run to the north of
Cavalier Arms to Blue Ridge Avenue and south from Cavalier Arms to Edwards
Ferry Road while stopping to preserve the mature trees in front of the
building.
Tom Mason verified this would not change the curb and guttering
portion of the project. Further, he stated he would not recommend a gap in
the sidewalk.
Councilmember Schmidt stated additional curb and gutter for this
project should be considered under the FY04 budget.
Councilmember Zoldos asked for a separate motion to add a C[P
project to include the other improvements recommended by the residents.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
Councilmember Martinez suggested the rest of the requested
improvements be discussed at the next worksession.
Councilmember Zoldos asked for a C]:P proposal to be ready for the
second meeting in February.
On a motion by Councilmember Schmidt, seconded by Vice-Mayor
Jackson, the following motion was proposed:
2003-21
RESOLUT]~ON
Town Council Minutes for January 28, 2003 Page 1::[
Resolution in opposition to House Bill No. 2755 that would impose a five-year
moratorium on contested annexations by towns.
Councilmember Schmidt read the resolution into the record.
A RESOLUTION:
RESOLUTION IN OPPOSITION TO HOUSE BILL NO. 2755
THAT WOULD IMPOSE A FIVE-YEAR MORATORIUM ON
CONTESTED ANNEXATIONS BY TOWNS
WHEREAS, House Bill 2755 would bar contested annexation
proceedings by towns for five years and would even stay pending matters as
of July 11, 2003; and
WHEREAS, while a moratorium on city annexations has existed for
many years, the General Assembly has never imposed a moratorium on town
annexations; and
WHEREAS, Town annexations are very different from city
annexations. For example, a town annexation does not remove land from a
county, does not cause a county to lose any property taxes, and does not
change where children go to school; and
WHEREAS, Towns in Virginia have expanded their boundaries more
than 170 times in just the last 22 years; and
WHEREAS, the last legislative study of local government structure
strongly endorsed the town annexation process and in :1990, the "Grayson
Commission" recognized that "annexation by towns has not created the ill
will" that has resulted from annexations by independent cities, and it
concluded that many municipalities "need to increase in size" and the
Commission even recommended an expansion of the town annexation
process. It urged that towns be given an almost automatic right to annex
every 8 years with only very limited grounds for objecting to the incorporation
of more land; and
WHEREAS, the Commission on Local Government has reviewed dozens
of annexation agreements between towns and counties. The commissioners
(including those who were formerly county officials) have unanimously
recommended approval of those agreements and have found that such
annexations were in the best interests of the localities and the
Commonwealth.
WHEREAS, in the absence of a town right to annex, most agreements
to expand town boundaries would never occur. It is the very existence of a
right to annex that has frequently produced compromise agreements to
permit an annexation or "boundary adjustment"; and
WHEREAS, the town annexation process is essential to the
preservation of the financial viability of towns in Virginia and is often needed
to provide key services to surrounding urban areas.
Town Council Minutes for 3anuary 28, 2003 Page :[2
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia that the Town Council opposes HB 2755 and any moratorium on town
annexation.
Councilmember Schmidt stated this is not an endorsement of
annexation; rather it is an opposition to the state taking away this right from
the Towns.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt and Zoldos
Nay: Mayor Umstattd
Vote: 6-1
d. State House Bill 1519
On a motion by Councilmember Zoldos, seconded by Councilmember
Schmidt, the following motion was proposed:
Directing staff to contact the state delegation conveying Council's wish to
oppose State House Bill No. 1519 which would provide that the average tax
levy could not rise above five percent, with two exceptions.
The motion was approved by the following vote:
Aye: Jackson, Martinez, Schmidt and Zoldos
Nay: Buttery, Kramer and Mayor Umstattd
Vote: 4-3
e. Closed session to discuss a personnel matter
It was the consensus of Council to defer this closed session until the
next Council meeting.
Adjournment
The meeting adjourned at 10:10 p.m.
A~-I'EST:
(~erk of Council
2003_tcmin 12803.doc