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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 K r~s'~'~-6~ C.- U r~tattd,' ~-a~o r-'"~" ~..,) Town of Leesburg