HomeMy Public PortalAbout2003_03_25COUNCIL MEETING March 25, 2003
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Frank Buttery, Melinda Kramer, Mervin Jackson, Marty
Martinez, Robert Zoldos, and Mayor Kristen Umstattd.
Councilmembers Absent: David Schmidt
Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly, Deputy
Town Manager Phillip Rodenberg, Director of Engineering and Public Works Tom
Mason, Betsy Fields Director of Economic Development Betsy Fields, Airport Director
Doug McNeely, Traffic Engineer Calvin Grow, Assistant to the Town Manager Nicole
Ard, Management Intern Adam Brown, and Clerk of Council Judy Ahalt.
AGENDA ITEMS
A. Invocation by Vice-Mayor Jackson
B. Salute to the Flag was led by Councilmember Zoldos
¢. Roll Call showing Councilmember Schmidt absent.
D. Minutes:
On a motion by Councilmember Buttery, seconded by Vice-Mayor Jackson, the
minutes of the March :10, 2003 worksession were approved by a 6-0-1(Schmidt
absent) vote.
On a motion by Vice-Mayor Jackson, seconded by Councilmember Zoldos, the
minutes of the March 11, 2003 regular session were approved by a 6-0-1(Schmidt
absent) vote.
Presentations
a. Resolution of Respect - Donald W. Fitzpatrick
On a motion by Councilmember Zoldos, seconded by Vice-Mayor Jackson,
the following resolution of respect was approved by a 6-0-1(Schmidt absent)
vote.
Resolution of Respect
Donald W. Fitzpatrick
WHEREAS, Dr. Donald W. Fitzpatrick was born February 21, 1945 in
Avon, New Jersey; and
WHEREAS~ Dr. Fitzpatrick received advanced degrees in engineering
from Carnegie-Mellon University and a Doctorate of Applied Mathematics from
Johns Hopkins University; and
WHEREAS, Dr. Fitzpatrick was an avid pilot; and
Town Council minutes for March 25, 2003 Page2
WHEREAS, Dr. Fitzpatrick was the founder and Chief Executive Officer of
High Performance Technologies, :[nc. in Arlington, Virginia; and
WHEREAS, Dr. Fitzpatrick suffered an untimely death on March 1, 2003
at the age of 58; and
THEREFORE, RESOLVED the Mayor and members of the Council of the
Town of Leesburg in Virginia extend their sympathy to the Fitzpatrick family
and ask that this Resolution of Respect be spread upon the minutes of this
meeting and that a copy be sent to the Fitzpatrick family.
PASSED this 25th day of March 2003.
b. Resolution of Respect - Bronson Byrd
On a motion by Councilmember Buttery, seconded by Councilmember
Martinez, the following resolution of respect was approved by a 6-0-
l(Schmidt absent) vote.
Resolution of Respect
Bronson Byrd
WHEREAS, Bronson 'Ford' Byrd was born September 21, 1946 in Oak
Ridge Tennessee; and
WHEREAS, Mr. Byrd earned his M.B.A. from the Florida :[nternational
University and his doctorate of law from the Potomac School of Law; and
WHEREAS, Mr. Byrd served in the U.S. Army at a guided nuclear missile
battery in South Korea and Stuttgart, Germany from 1968 to 1972; and
WHEREAS, as a resident of Purcellville, Virginia, Mr. Byrd coached for
the 13- and 14 year-old Babe Ruth League and coached his son's Ali-Star
team to an undefeated 2000 Virginia State championship; and
WHEREAS, Mr. Byrd was a member of the Virginia Bar Association, the
American Association of Tnvestors and the Reserve Officers Association; and
WHEREAS, Mr. Byrd was employed as a consultant by High Performance
Technologies, :[nc. of Arlington, Virginia; and
WHEREAS, Hr. Byrd suffered an untimely death on March 1, 2003 at the
age of 56.
THEREFORE, RESOLVED the Mayor and members of the Council of the
Town of Leesburg in Virginia extend their sympathy to the Byrd family and
ask that this Resolution of Respect be spread upon the minutes of this
meeting and that a copy be sent to the Byrd family.
PASSED this 25th day of March 2003.
Town Council minutes for March 25, 2003 Paqe3
c. Resolution of Respect - Gregory D. 3ackson
On a motion by Councilmember Martinez, seconded by Councilmember
Kramer, the following resolution of respect was approved by a 6-0-1(Schmidt
absent) vote:
Resolution of Respect
Gregory D..lackson
WHEREAS, Gregory D. Jackson was born April 27, 1960 in McAlester,
Oklahoma; and
WHEREAS, Mr. Jackson earned an aviation degree from Southeastern
Oklahoma State University in Durant and began flying for Pan Am Airlines;
and
WHEREAS, Mr. Jackson was hired by High Performance Technologies,
~'nc. as its corporate pilot in 2002; and
WHEREAS, Mr. Jackson suffered an untimely death on March 1, 2003 at
the age of 42; and
THEREFORE, RESOLVED the Mayor and members of the Council of the
Town of Leesburg in Virginia extend their sympathy to the Jackson family and
ask that this Resolution of Respect be spread upon the minutes of this
meeting and that a copy be sent to the Jackson family.
PASSED this 25th day of March 2003.
d. Proclamation - Public Health Week
On a motion by Councilmember Martinez, seconded by Councilmember
Buttery, the following proclamation was adopted by a 6-0-:[(Schmidt absent)
vote.
PROCLAMATTON
Public Health Week
April 7-13, 200:3
WHEREAS, over the past year, our public safety and health departments
have been working closely with our medical community, schools and elected
and appointed officials to keep our citizens safe from smallpox and other
forms of bioterrorism; and
WHEREAS, over the past year, the Health Department has taken the
lead in keeping our residents safe from West Nile virus and malaria; and
WHEREAS, over the past year, the Health Department contributed to
keeping our environment safe for ourselves and our children by working to
address health concerns over the land application of biosolids, working to
assure adequate protection of a fast growing number of restaurants, and
working to maximize the use of State and Federal resources to improve
substandard individual water supplies and sewage disposal systems; and
Town Council minutes for March 25, 2003 Paqe4
WHEREAS, over the past 50 years, the United States and Leesburg have
achieved significant increases in life expectancy and reductions in the
incidence of infections, childhood deaths, and disease; and
WHEREAS, National Public Health Week provides the focused opportunity
for our residents to learn about public health success stories, including the
fight against bioterrorism, protection of our environment, and continued
frontline efforts to immunize all our children against infectious disease,
maintain good nutritional standards and promote healthy women having
healthy babies; and
WHEREAS, the National Public Health Week theme for 2003--Getting in
Shape for the Future: Healthy Eating and Active Living--seeks to educate
Americans about the health risks associated with being overweight and obese
and thus provides Americans with recommendations on healthy eating and
active living.
THEREFORE~ the Mayor and Town Council of the Town of Leesburg in
Virginia hereby proclaim April 7-13, 2003 as National Public Health Week, and
urge the citizens of Leesburg to participate in the various activities offered.
PROCLAZMED this 25th day of March 2003.
The proclamation was presented to Dr. David Goodfriend, Director of the
Loudoun County Health Department.
e. Loudoun Hospital Center- Rod Huebers
Rod Huebbers addressed Council with an update on the status of Loudoun
Hospital Center. He advised Council that their request for 32 additional beds
had been denied; however, 35 additional beds came on line March 7th.
Further, he commented on the support they have received for their
Cornwall Campus. They are seeing approximately 30 patients a day with no
waits at this location.
Council echoed their support for the Cornwall Campus and the positive
comments they have received.
f, Dodona Manor- Update on restoration - Stephen Price
Steve Price provided Council with a status report on the restoration of the
George C. Marshall :International Center. He commented they are installing a
geothermal heating system to minimize the impact on the grounds and
structure. Further, Phase :[! - Tnterior restoration is expected to be completed
in October 2003. He stated all phases should be completed by November
2005.
Mr. Price outlined their funding partners and educational outreach
p rog ram.
Councilmember Zoldos asked for clarification on their financial status?
Mr. Price stated they have an $180,000 operating budget and two
salaried employees.
Town Council minutes for March 25, 2003 Pacle5
Councilmember Zoldos asked how much is anticipated to complete all
improvements?
Mr. Price stated their challenge is funding for restoration and operating
expenses.
F. Petitioners
Barbara Rubin addressed Council with reference to the EQ sludge biosolids
product produced in the Leesburg Water Pollution Control Plant and its use on town
property. She stated research shows that EQ sludge levels contain higher toxins
than Class A or B sludge.
Further, the EPA does not know whether or not the current regulations we
adhere to protect environment.
Ed Levine, 46554 River Meadows, addressed Council. Mr. Levine spoke in
support of Leesburg Executive Airport stating he has been flying out of the airport
since 1978. He asked that Council not close the airport.
George Reynolds, 504 West Market Street, addressed Council. Mr. Reynolds
had concerns with the road improvements on Wilson Avenue and the possible tree
damage to the neighborhood.
.lulie AIIstrom, 724 Valley View Avenue, addressed Council. Ms. AIIstrom
provided Council a copy of a gardening magazine that she publishes. This magazine
focuses on the mid-Atlantic region and debuted at the Leesburg Flower and Garden
Show in 2001.
Frank Ruggles~ 6 Wilson Avenue, addressed Council. IVlr. Ruggles expressed
concerns with the potential damage to the elm trees on Wilson Avenue during the
road improvements. He asked that the planned improvements be amended and a
new citizen questionnaire be issued.
Mel Whitely, 6 Wilson Avenue, addressed Council. Mr. Whitely stated he is
not opposed to improvements on Wilson Avenue, but asked for a compromise on the
current proposal for road improvements.
Kenneth Bentley, 12 Wilson Avenue, addressed Council. Mr. Bentley also
expressed concern with potential damage to the neighborhood trees. He asked
Council to consider a compromise and conduct another survey.
Antonio Elias, Orbital Science, addressed Council. Mr. Elias discussed the
importance of the Leesburg Executive Airport to the quality of life for corporate and
personal users. He stated the airport is not unsafe and asked Council to look at the
benefits it provides.
Public Hearing
The public hearing opened at 8:50 p.m.
a. Permit-Parking Zone on the north side of North Street, NW
between Wirt Street, NW and North King Street.
Town Council minutes for March 25, 2003 Paqe6
Calvin Grow stated that residents of North Street have petitioned for a
Permit-Parking Zone on their street. A survey was conducted and showed
that 75% of the parking was taken up by non-residents. He stated this
qualifies the area for a permit-parking zone and a public hearing is the next
step.
Heather Blake, 6 North Street, addressed Council in support of the permit-
parking. She cited safety issues for children and access for emergency
vehicles.
Janie Stockton, 20 North Street, addressed Council in support of the
permit-parking zone. She cited safety issues for children on the street.
Josh Stevens., 10 North Street, addressed Council in support of the
permit-parking zone.
Jim Cunningham, 203 N. King Street, addressed Council. Mr. Cunningham
questioned whether he would qualify for a parking permit since he has a legal
ingress/egress off North Street.
Calvin Grow stated that Mr. Cunningham would qualify.
The public hearing closed at 9:07 p.m.
Vice-Mayor Jackson, Councilmember Martinez, Councilmember Kramer,
and Councilmember Zoldos expressed support for the permit-parking zone at
this location.
Permit-Parking Zone on the east side of Church Street, NE
between Cornwall Street, NE and North Streetf NE
The pubic hearing opened at 9:13 p.m.
Calvin Grow stated that residents of Church Street have petitioned for a
permit-parking zone. Mr. Grow stated they have met the criteria and a
public hearing is the next step.
Vice-Mayor Jackson asked if there would be a conflict with the church
parking?
Mr. Grow stated the permit parking would be in place from 9:00 a.m. to
5:00 p.m., Monday thru Friday.
Bob O'Connor, 108 Church Street, NE, addressed Council. Mr. O'Connor
thanked Council and Calvin Grow for consideration of this request. He
requested that permit parking be allowed between the hours of 7:00 a.m. to
5:00 p.m., weekdays.
Amy O'Connor, 108 Church Street, NE, addressed Council. Ms. O'Connor
stated there is a severe parking problem, however, the church parking does
not cause residents a problem. Further, she cited the current difficulty for
emergency vehicles accessing the residences.
Town Council minutes for March 25, 2003 Paqe?
Jeanne Rogers, 110 Church Street, NE, addressed Council. Ms. Rogers
stated she has lived on Church Street for 10 years and traffic has greatly
increased. She would like to be able to have access to the front of her home
to unload groceries.
The public hearing closed at 9:25 p.m.
Mayor Umstattd asked that residents of these two streets be sent a letter to
advise of the granting of the permit parking zone and advice on how to get the
permit.
H. Council Comments
Councilmember Martinez thanked Loudoun Hospital Center for their
presentation and commended them on the opening of the Cornwall Campus.
He asked staff to look at discrepancies in the Town Code with reference to
boards and commissions.
Councilmember Martinez asked staff to consider a stop sign at Wirt and North
Street, NW.
Councilmember Zoldos stated he would be recommending an appointment to
the Environmental Advisory Commission under new business.
He commended George Panos for his work on the Environmental Advisory
Commission.
Councilmember Zoldos asked for clarification on a letter from the Town
Manager with reference to the O'Connor school site. He stated he was under the
impression that the O'Connor site provided the final school site; however, Chairman
York is now asking for another site on the Stratford property.
He asked for Council consideration of leaving the Town Attorney under the
jurisdiction of the governing body. Further, he stated the Town Attorney should
work for the governing body and provide independent legal advice.
Councilmember Zoldos stated his appreciation to the gentlemen who spoke in
support of the Leesburg Executive Airport. He stated the airport did not cause the
recent crashes. Further, he stated his disappointment in not being invited to
participate in airport discussions with the Mayor and Town Manager.
Vice-Mayor Jackson reported attending the Keep Loudoun Beautiful meeting
and the Kincaid Forest Homeowners Association meeting.
He also advised Council that Kelly Gower would be moving from the area.
Councilmember Buttery asked for an update on the Wilson Avenue
improvement project at the next meeting.
He asked to have a copy of the AADP's and that clarity be provided with
reference to the Town's obligation for an additional school site.
Town Council minutes for March 25, 2003 Paqe$
Councilmember Kramer agreed with Councilmember Martinez with reference
to discrepancies in the Town Code.
She thanked Sandy Kane for her contributions to the Town of Leesburg and
her community.
]:. Mayor's Comments
Mayor Umstattd recognized Sandy Kane's efforts in fighting the proposed
power plant in the southeast quadrant of town.
She reported on an emergency phone conference with the Governor regarding
his assurance to our community that he is not aware of any direct terrorist threat to
our area. She asked for citizens to be vigilant by reporting threats or anything
suspicious by calling 911.
The Mayor reported the Memorial Day Ceremonies would be held on May 26th
at 11:00 a.m. on the Courthouse green.
She urged any businesses employing reservists or National Guard to please
consider keeping them on the payroll in their absence to duty with the military
service.
The Mayor commented on the letter from the Town Manager regarding the
Town/County meeting. She referenced Chairman York's comment that the O'Connor
school site be tied with the approval of a BLA and extension of utilities to the
fire/rescue facility.
The Mayor added it is the Town's position that we have met our obligation for
a school site and would provide water and sewer to the fire and rescue site with a
BLA.
Mayor Umstattd extended sympathy to the families of the most recent plane
crash.
She stated she attended a briefing by the FAA who are fully supportive of the
proposed Lateral with Precision approach.
The Mayor added if the airport were closed the town would have to return
part of the $10,000,000 in federal funds. She stated the town is trying to make
landing as safe as possible and that Congressman Frank Wolf had extended an offer
of assistance with airport improvements.
.1. Manager's Report
Bob Noe reported that in response to a petitioner's concerns on biosolids
safety, the State and Federal regulatory agency standards have been met or
exceeded.
He reported the web master advised that there has been an increase in use of
Town of Leesburg web site.
Mr. Noe reported that the downtown visitor's center would open on April 4th.
K. Legislation
Town Council minutes for March 25, 2003 Paqe9
On a motion by Vice-Mayor Jackson, seconded by Councilmember Martinez,
the following consent agenda was proposed:
CONSENT AGENDA
RESOLUTION
2003-46
Authorizing an agreement and approving a performance guarantee and water and
sewer extension permits for the Goddard Daycare @ Tavistock.
RESOLUTION
200:3-47
Authorizing an agreement and approving a performance guarantee and water and
sewer extension permits for the Leesburg Station Auto Wash.
The consent agenda was approved by the following vote:
Aye:
Nay:
Vote:
Buttery, Kramer, ]ackson, Martinez, Zoldos and Mayor Umstattd
None
6-0-1(Schmidt absent)
REGULAR AGENDA
On a motion by Councilmember Martinez, seconded by Councilmember
Zoldos, the following motion was proposed:
RESOLUTION
2003-48
Requesting that the Loudoun County Board of Supervisors make a gift to the
Loudoun County Volunteer Rescue Squad for the Catoctin Circle Station in lieu of a
loan.
Councilmember Martinez asked for more clarification as to why the Leesburg
station is not being funded by the county?
Councilmember Zoldos stated it is an all-volunteer station and they are
provided funding by the town and county on an annual basis.
The motion was approved by the following vote:
Aye: Buttery, Kramer, Jackson, Martinez, Zoldos and Mayor Umstattd.
Nay: None
Vote: 6-0-1(Schmidt absent)
On a motion by Vice-Mayor ~lackson, seconded by Councilmember Martinez,
the following motion was proposed:
RESOLUTION
2003-49
Authorizing an amendment to the CH2M Hill Engineering Services Contract for
expansion of the Kenneth B. Rollins Water Treatment Plant in the amount of
$299,400.00.
Town Council minutes for March 25, 2003 Paqel0
The motion was adopted by the following vote:
Aye: Buttery, Kramer, Jackson, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 6-0-1(Schmidt absent)
L. Boards
and Commissions
a. Airport Commission
No Comment
b. Thomas Balch Library Commission
No Comment
c. Board of Architectural Review
No comment
d. Cable Commission
On a motion by Councilmember Zoldos, seconded by Vice-Mayor
Jackson, the following motion was proposed:
RESOLUTION
2003-50
Making an appointment to the Cable Television Advisory Commission
- Lawrence $chonberger
The motion was adopted by the following vote:
Aye: Jackson, Buttery, Kramer, Martinez, Zoldos and Mayor
Umstattd
Nay:None
Vote:6-0-1(Schmidt absent)
e. Economic Development Commission
No comment
f. Environmental Advisory Commission
No comment
g. Information Technology Commission
No comment
h. Parks and Recreation Commission
Councilmember Zoldos reminded the citizens of the Freedom Park
opening at 12 noon on April 5th,
i. Planning Commission
No comment
j. Tree Commission
No comment
k. Standing Residential Traffic Committee
No comment
M. New Business
On a motion by Councilmember Zoldos, seconded by Vice-Mayor .lackson, the
following motion was proposed:
RESOLUTION
2003-51
Making an appointment to the Environmental Advisory Commission - Sandra Kane
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 6-0-1(Schmidt absent)
Town Council minutes for March 25, 2003 Paq~l!
On a motion by Councilmember Martinez, seconded by Councilmember
Buttery, the following motion was proposed:
Mayor Umstattd read the motion into the record as follows:
RESOLTUION
2003-52
Requesting the U.S. Congress to assist with funding the section of Battlefield
Parkway from Route 7 to Kincaid Boulevard
WHEREAS, the Virginia Department of Transportation (VDOT) Six Year
Improvement Program for urban highways includes a project to design and construct
Battlefield Parkway project in the Town of Leesburg and identified as Projects NFO
U000-253-110, PEI-1, RW201, C-501; and
WHEREAS, this project extends from Route 7 to Kincaid Boulevard; and
WHEREAS, this project is included in the Constrained Long Range Plan (CLRP)
for 2006; and
WHEREAS, Battlefield Parkway is the single most important feature of the
Transportation element of the Town Plan; and
WHEREAS, Battlefield Parkway has been a central element of transportation
planning by the town for 20 years; and
WHEREAS, this roadway will be an important transportation link for the
southeast quadrant of the town, including the Leesburg Executive Airport; and
WHEREAS, the estimated project cost is $20 million of which $3 million has
already been set aside for design from Regional Surface Transportation Program
funds and development proffers.
THEREFORE, RESOLVED that the Council of the Town of Leesburg in Virginia
requests the Congress to assist with funding the section of Battlefield Parkway from
Route 7 to Kincaid Boulevard.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 6-0-1(Schmidt absent)
On a vote by Mayor Umstattd, seconded by Vice-Mayor Jackson, the following
closed meeting motion was proposed.
Pursuant to Section 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 Town Attorney's employment contract.
The motion to convene in a closed session was adopted by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 5-0-2(Schmidt and Zoldos absent)
Town Council minutes for March 25, 2003 Page]2
Council reconvened in regular session. On a motion by Mayor Umstattd,
seconded by Councilmember Buttery, the following motion was proposed:
in accordance with Section 2.2-37:12 (D) of the Code of Virginia, T 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 Tnformation Act and such personnel 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, Martinez and Mayor Jackson
Nay: None
Vote: 5-0-2(Schmidt and Zoldos absent)
The meeting adjourned at :11:30 p.m.
ATTEST:
of Council
2003_tcmin0325.doc
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Town of Leesburg