HomeMy Public PortalAbout2003_05_28COUNCIL MEETING May 28, 2003
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Frank Buttery, Melinda Kramer, Mervin Jackson, Marty
Martinez, David Schmidt, Robert Zoldos, and Mayor Kristen Umstattd.
Staff Present: Assistant to the Town Manager Nicole Ard, Town Attorney William
Donnelly, Director of Engineering and Public Works Tom Mason, Director of Finance
Paul York, Director of Utilities Randy Shoemaker, Airport Director Doug McNeely,
Deputy Director of Utilities Aref Etemadi, Zoning Administrator Brian Boucher, Police
Lieutenant Jeff Dube, Management/Budget Officer Mike Freda, Planner Nancy
Kitchens, and Clerk of Council Judy Ahalt.
AGENDA ITEMS
A. Invocation by Councilmember Martinez.
B. Salute to the Flag was led by Vice-Mayor Jackson.
C, Roll Call showing all present.
D. Minutes:
On a motion by Councilmember Martinez, seconded by Councilmember
Buttery, the minutes of the May 12, 2003 worksession were approved by a 7-0 vote
with a minor adjustment by Councilmember Schmidt.
On a motion by Councilmember Buttery, seconded by Councilmember
Martinez, the minutes of the May 13, 2003 regular meeting were approved by a 7-0
vote with minor edits.
Presentations:
a. Proclamation - 11th Annual National Trails Day
On a motion by Vice-Mayor Jackson, seconded by Councilmember Zoldos,
the following proclamation was approved by a 7-0 vote and presented to
Jennifer Montgomery of the Parks and Recreation Department.
PROCLAMATION
11th ANNUAL NATIONAL TRAILS DAY
3UNE 7, 2003
WHEREAS, the American Hiking Society has established June 7, 2003 as
the 11th Annual National Trails Day; and
WHEREAS, this recognition is endorsed by the Northern Virginia Regional
Park Authority which encourages all Northern Virginia municipalities to participate;
and
WHEREAS, the Town of Leesburg recognizes the importance of developing
and maintaining a trails system in our community; and
Town Council meetinq minutes for May 28, 2003 Page 2
WHEREAS, trails systems connect people, parks, and communities while
enhancing the natural environment.
THEREFORE, the Mayor and Town Council of the Town of Leesburg in
Virginia hereby proclaim Saturday, June 7th of the year 2003 as the 11th Annual
National Trails Day and encourage the citizens of Leesburg to celebrate by
participating in their choice of activities and experiences using our public trails
system.
PROCLATMED this 28th day of May 2003.
b. Resolution of Appreciation - Parks and Recreation Department
On a motion by Councilmember Martinez, seconded by Councilmember Buttery,
the following resolution of appreciation was approved by a 7-0 vote and presented
to Jennifer Montgomery and Tom Parker of the Parks and Recreation Department.
RESOL UTZON
OF APPRECZA TZON
PARKS & RECREATZON DEPARTMENT
AND SENNZFER MONTGOMERY
WHEREAS, on April 26-27, 2003 the 13th Annual Leesburg Flower and
Garden Festival was held in downtown Leesburg; and
WHEREAS, this event brings thousands of visitors to the downtown
each year; and
WHEREAS, Leesburq Today has requested a resolution praising the
efforts of the Town's Parks & Recreation Department staff, and in particular
Jennifer Montgomery for her close work with the downtown businesses; and
WHEREAS~ the staff of the Parks & Recreation Department continues
to do a remarkable job in organizing and executing this event every year; and
WHEREAS, many Parks & Recreation Department staff members
played a vital role in the organization and execution of the festival including
Jay AIIred, Kim Castel, Lynn Condon, Kaj Dentler, Twila Dew, Michelle Dick,
Dave Evans, George Fatseas, Bill Ference, Katie Jackson, E.J. Jackson, Amber
Janak, Karl Konopa, Tommy Kulas, Pat Lockhart, Jason Lucas, Justice
Michlena, Jennifer Montgomery, Ben Morrell, Lee Nichols, Jessica Parker, Tom
Parker, Jeremy Payne, Anne Rose, Lisa Smith, Sean Stevens, Judy Weber and
Rich Williams.
THEREFORE, the Mayor and Town Council of Leesburg in Virginia
hereby honor the dedication and professionalism of Ms. Montgomery and the
Parks & Recreation Department for their involvement with the 13th Annual
Leesburg Flower and Garden Festival.
RESOLVED this 28th day of May 2003.
Town Council meeting minutes for May 28, 2003 Page 3
c. Resolution of Appreciation - Street Department
On a motion by Councilmember Zoldos, seconded by Councilmember
Buttery, the following resolution of appreciation was approved by a 7-0 vote
and presented to Tom Mason on behalf of the Street Department.
RESOLUTION
OF APPRECIATION
STREETS DIVISION
WHEREAS, on April 26-27, 2003 the 13th Annual Leesburg Flower and
Garden Festival was held in downtown Leesburg; and
WHEREAS, this event brings thousands of visitors to the downtown
each year; and
WHEREAS, the staff of the Streets Division work long hours to ensure
the town's streets are properly maintained during special events; and
WHEREAS, the staff of the Streets Division continue to do a
remarkable job in maintaining the beauty of the downtown during this event
every year; and
WHEREAS, many staff members of the Streets Division played a
valuable role in the preparation and execution of the festival including: Bill
Allison, Eddie Brown, Alfred Burke, Lou Chetosky, James Cockrell, Ricky
Cooper, Robert Farris, Larry Fleming, Joe Hobbie, Lonnie Jackson, Bob Kelley,
Charles Lanham, Melvin Lucas, Steve Lucas, .lackie Mabe, .1.C. Pearson, Brian
Roberts, Mike Russell and Jason Ziemann
THEREFORE, the Mayor and Town Council of Leesburg in Virginia
hereby honor the dedication and professionalism of the Streets Division for
their involvement with the 13th Annual Leesburg Flower and Garden Festival.
RESOLVED this 28th day of May 2003.
d. Resolution of Appreciation - Police Department
On a motion by Councilmember Zoldos, seconded by Councilmember
Buttery, the following resolution of appreciation was approved by a 7-0 vote
and presented to Lt. Jeff Dube of the Leesburg Police Department.
RESOLUTION
OF APPRECIATION
LEESBURG POLICE DEPARTMENT
WHEREAS, on April 26-27, 2003 the 13th Annual Leesburg Flower and
Garden Festival was held in downtown Leesburg; and
WHEREAS, this event brings thousands of visitors to the downtown
each year; and
Town Council meetinq minutes for May 28, 2003 Page 4
WHEREASf the staff of the Leesburg Police Department works to
ensure the safety of visitors to the town during special events; and
WHEREAS, the staff of the Leesburg Police Department continues to
do a remarkable job in assisting with this event every year; and
WHEREAS, the following Leesburg Police department officers played a
vital role in providing for the safety of the thousands attending the festival:
Lieutenant .left Dube, Officer Bill Costanzo, Officer Greg Parsons, Officer David
Payne, Officer Chris Tidmore and Officer ]. D. Spurlock.
THEREFORE, the Mayor and Town Council of Leesburg in Virginia
hereby honor the dedication and professionalism of the Leesburg Police
Department for their involvement with the 13th Annual Leesburg Flower and
Garden Festival.
RESOLVED this 28th day of May 2003.
Councilmember Zoldos added that this year's Flower and Garden Festival was
the best that Leesburg has had.
Mayor Umstattd echoed Councilmember Zoldos' comments.
Petitioners:
The petitioner's section opened at 7:50 p.m.
Rod Huebbers - Loudoun Hospital Center
Mr. Huebbers addressed Council thanking them for their support of the
Cornwall Campus as a community hospital. He stated their development team has
recommended a future acute care use at the facility. Tnitially, they will have 33 beds
available and are asking for a Certificate of Need for additional beds.
Further, he stated that they plan to begin with $5,000,000 of infrastructure
improvements.
Council responded with strong support for the improvements to the Cornwall
Campus and thanked Mr. Huebbers for keeping them informed.
There were no additional petitioners.
The petitioner's section closed at 8:00 p.m.
Public Hearings
a. SE-2002-08, expansion of the existing child care center at Holy
Trinity Lutheran Church, 605 W. Market Street
This public hearing was postponed until ~lune 24, 2003. This
postponement was due to the applicant's failure to notify adjoining property
owners.
b. SE-2002-05, Child Day Care Center at 8:[8 S. King Street
This public hearing opened at 8:02 p.m.
Town Council meeting minutes for May 28, 2003 Page
Nancy Kitchens provided an overview of this application. She stated the
four major discussion topics were (1) masonry wall for fencing, (2) speed
tables, (3) number of employees per child, and (4) frontage improvements.
She slated the Planning Commission has recommended approval with 13
conditions.
There were no petitioners for this application.
Councilmember Schmidt verified the entrance and exit are on Davis Court.
Councilmember Zoldos verified the setback from the creek is 80 feet.
Councilmember Buttery asked if staff comment #2 refers to the Izaak
Walton Bridge?
Ms. Kitchens said it does, but the frontage improvements will be along
Davis Court and Rt. 15.
Councilmember Buttery verified comment #2 that states the applicant's
responsibility for full frontage improvements may be waived or modified by an
approved variance request.
Nancy Kitchens stated if the variance is not approved the applicant would
have to return to Council for an amendment to the special exception.
Brian Boucher stated this condition reserves the right to ask for a variance
from the Planning Commission.
Bill Donnelly stated the intention is to allow the Planning Commission to
later waive or modify the full frontage requirements during the review of the
site plan without having to amend the special exception to delete or revise
the full frontage required in the special exception conditions.
Kim Welsh Cumminqs, with Walsh Colucci, addressed Council stating that
they have posted the property and notified adjacent property owners.
She added the wall at the site would be masonry. Further, the Planning
Commission has denied a variance request.
She stated childcare is a permissible use in this shopping center.
Councilmember Kramer verified the childcare provider has yet to be
selected.
There were no petitioners for this public hearing.
The public hearing closed at 8.'25 p.m.
Councilmember Buttery asked that the town attorney provide in written
form his comments with reference to the variance waiver language.
Town Council meetinq minutes for May 28, 2003 Page 6
H. Council Comments:
Dave Schmidt thanked the IVlayor and the Marines for putting together the
Memorial Day ceremonies. He thanked Colonel Fox for the excellent keynote speech
at the festivities. He stated that Balch Library should consider Colonel Fox as a
presidential historian.
Councilmember Schmidt disclosed a meeting with the applicant of Oaklawn at
Stratford.
He thanked the diZerega-Cook family for placing the Rock Springs Farm under
a conservation easement. He said this action is in contrast to the County's PDR
Program whereby tax dollars are used to delay development for 30 years.
Further, he advised the Wilson/Pershing residents that the street
improvements issue would be addressed at the first meeting in June.
Marry Martinez echoed Councilmember Schmidt's comments on the Memorial
Day ceremonies. Further, he stated the Cornwall Campus expansion is positive for
the citizens of Leesburg.
Bob Zoldos congratulated all involved in the Memorial Day ceremonies,
stating it was a beautiful ceremony.
He congratulated Perry Ballard for winning the World Welterweight Title and
asked that a Certificate of Recognition be prepared for the next Council meeting.
Councilmember Zoldos congratulated Phil Rodenberg on his new position with
the City of Fredericksburg and asked that staff advertise for his replacement
immediately.
He expressed displeasure with the Town Manager and Deputy Town Manager
being on leave at the same time. Further, he stated he does not agree with the
Town Manager signing the Moose contract without approval by Council.
Councilmember Zoldos asked Council to move forward with a decision on the
Wilson/Pershing street improvements.
Further, he stated he would be presenting a briefing on a town flag under new
business.
Vice-Mayor Jackson had no comments.
Frank Buttery congratulated Phil Rodenberg on his new position with
Fredericksburg stating it is the town's loss.
He stated he has received numerous comments on the great job that Jennifer
Montgomery did with the Flower and Garden Festival. Further, he commented on a
job well done by Bill Allison and John Creamer.
Councilmember Buttery stated the Memorial Day ceremonies were well
attended and moving. He commented the entire Council participated, as well as
participation by the Loudoun County High School Band.
Town Council meeting minutes for May 28, 2003 Page ?
He recognized the diZerega family for their efforts in placing part of the family
property into a conservation easement.
Councilmember Kramer also echoed the efforts and success of the Memorial
Day ceremonies.
She suggested a sign be placed on the diZerega property reflecting the
conservation easement.
I~la¥or's Comments:
Mayor Umstattd echoed the comments of other Council members.
She commented on the Cook/diZerega property being placed in a
conservation easement and that it will benefit the Town in perpetuity.
The Mayor stated that she, Councilmember Martinez and Vice-Mayor Jackson
attended the Employee Recognition and Awards Ceremony hosted by the Human
Resource Department. Awards were presented as follows: Robert Farris and Scott
Lincoln for Customer Service, the Water Pollution Control Division and Steve
Cawthorn for Tnnovation; Safety and Health Committee for Safety. Also, recognized
were Kathy Elgin for her awards from the Virginia Association of Governmental
Purchasing, Jay Banks for his Tree City USA achievement, Mike Freda for his
Distinguished Budget Presentation Award, Paul York for his Excellence in Financial
Reporting Award, .lane Sullivan and Balch Library for their Award of Merit from the
American Tnstitute of Architects, Tom Mason and the Engineering and Public Works
Department for the Community Appearance of Northern Virginia Award for S. King
Street and Delane Parks for his EST Quality Plan Revision Award. Awards were also
given out at the ceremony for 5, 10, :[5,and 20 years of service.
She thanked Dona Wolf and the awards committee for their efforts to re-
energize the employee awards program.
Further, she thanked those people who participated in the Memorial Day
ceremony, especially Pete Hilgartner and Patrick Hugey, the media for the press
coverage and the support from Council. She thanked Ben Franklin for providing the
500 American flags that were given out at the ceremony, Jennifer Montgomery for
logistical support, and Colonel Fox and the Rotary Club for funding.
The Mayor thanked John Johnston, Sandy Kane, Ann Robinson, and the 5th
grade at Loudoun Country Day School for handing out stickers about storm drain
dumping to the Fox Ridge residents.
She also stated that she would like to discuss the Fire and Rescue Training
facility under new business.
Manager's Report
Nicole Ard was present due to the absence of the Town Manager and Deputy
Town Manager. Ms. Ard reported that the Utilities Department was a vendor at the
Flower and Garden Festival.
K. Legislation
Town Council meeting minutes for May 28, 2003 Page
ORDZNANCES
On a motion by Councilmember Martinez, seconded by Councilmember
Kramer the following ordinance was proposed:
ORDZNANCE
2003-O-7
Approving an amendment Lo the Leesburg Subdivision and Land Development
Ordinance to update and revise Articles 2, 4 and Appendix "A" of the Town of
Leesburg Design and Construction Standards Manual (DCSM).
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
CONSENT AGENDA
On a motion by Vice-Mayor Jackson, seconded by Councilmember Buttery, the
following consent motion was proposed:
RESOLUTZON
2003-83
Authorizing an agreement and approving a performance guarantee for the Star
Pontiac-GMC, ThC. vehicle storage area.
RESOLUTZON
2003-84
Authorizing an agreement and approving a performance guarantee for the Star
Pontiac-GMC, Buick storm sewer improvements.
REOLUTION
2003-85
Making a reduction of the performance guarantee for public improvements installed
in Dry Mill Townhouses, Phase B.
RESOLUTZON
2003-86
Making a reduction of the performance guarantee for public improvements installed
in Edwards Landing, Phase 4.
RESOLUTZON
2003-87
Authorizing an agreement and approving a performance guarantee and water and
sewer extension permits for the Stowers public improvement plan - Route
(Evergreen Mill Road), Wallace Drive extended and Stowers Lane.
RESOLUTTON
2003-88
Approving a substitute performance guarantee for River Creek, Phase IX, Section
Land Bay K.
The consent motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and
Town Council meeting minutes for May 28, 2003 Page 9
Mayor Umstattd
Nay: None
Vote: 7-0
REGULAR AGENDA ]
On a motion by Councilmember Zoldos, seconded by Councilmember Kramer,
the following resolution was proposed:
RESOLTU]:ON
2003-89
Awarding the annual contract for refuse and recycling collection services to Con-
Serve Industries, Inc. in the amount of $1,887,123.00.
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
Buttery, the following motion was proposed:
RESOLUT]:ON
2003-90
Supporting the Loudoun Hospital Center's Expansion at the Cornwall Campus,
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 Martinez, seconded by Councilmember
Zoldos, the following motion was proposed:
RESOLUT]:ON
2003-91
Adopting the Fiscal Years 2004-2008 Capital Improvement Program in the amount of
$98,435,768.
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 Martinez, seconded by Councilmember
Zoldos, the following motion was proposed:
Town Council meetinq minutes for May 28, 2003 Page 10
RESOLUTTON
2003-92
Ratifying an agreement between the Town of Leesburg and Leesburg Moose Lodge
No. :[041 to purchase 3.5585 acres of land adjacent to Leesburg Executive Airport
for $275,000.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, $chmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
Boards and Commissions
a. Airport Commission
Councilmember Zoldos stated the Airport Commission has changed its
meeting date to the 3rd Tuesday of each month at 7:30 p.m. The next
meeting will be .lune :[7th.
Thomas Balch Library Commission
Councilmember Buttery asked that a Certificate of Recognition be
prepared for 3ane Sullivan.
Board of Architectural Review
No comments
Cable commission
No comments
Economic Development Commission
No comments
Environmental Advisory Commission
No comments
Znformation Technology Commission
No comments
Parks and Recreation Commission
Councilmember Martinez reported the Parks and Recreation
Commission would be meeting jointly with the Loudoun County Parks
and Recreation Commission.
Planning Commission
No comments
Tree Commission
No comments
kB
Standing Residential Traffic Committee
No comments
Town Council meeting minutes for May 28, 2003 Page
New Business
a. On a motion by Councilmember Martinez, seconded by Vice-Mayor
Jackson, the following motion was proposed:
RESOLUT];ON
2003-93
Authorizing the Town Manager to install an all-way stop at North Street, NW and Wirt
Street, NW.
The motion was approved by the following vote:
Aye: Buttery, Kramer, Jackson, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
b. Town Flag
Councilmember Zoldos provided a preview of different variations of a
town flag. He added that a flag would include the logo inscribed in a
significant location on the flag.
It was the consensus of Town Council to get the citizens and the
Economic Development Commission involved.
Further, Councilmember Kramer recommended aligning this project with
the Main Street Program.
c. Boundary Line Adjustment for the fire and rescue training facility
on the Shellhorn site.
Mayor Umstattd reported the manager's office had a call from Kirby
Bowers requesting a response to Scott York's letter of April 11, 2003. The
Mayor stated that she believes there is a majority of Council members who
want to provide water and sewer to the training facility.
She stated staff has expressed real concern about allowing the county to
continue to use the jerry-rigged water system on the 92-acre site. Water and
sewer to the training center should be through the normal system along Sycolin
Road.
The Mayor stated she agrees with staff on this. Also, Council believes the
County should be treated as any other developer and the connection should be
at their expense.
Further, Council is on record as saying they believe the $300,000 offered
for the school site on the north side of Town satisfies the requirement for a
fourth elementary school site under the annexation agreement.
Councilmember Schmidt stated that he would like to bring the Shellhorn
site in as a whole.
Councilmember Martinez stated he favors following the policy outlined in
the February 11th resolution.
Town Council meeting minutes for May 28, 2003 Paqe ]2
Bill Donnelly stated a boundary line adjustment as a precondition to the
extension of water and sewer is consistent with the Town's policy. Staff
believes a water tank site should be tied to the extension of utilizes and a
boundary line adjustment. Another issue is who has jurisdiction over the site
plan review, road alignment, and transportation improvements, which the
county should be required to make as a condition of approval of the whole
package.
Mr. Donnelly stated there are a number of technical issues that need to be
resolved at the staff level. He believes at this time the county is not prepared
to bring in anything other than the fire and rescue site.
Tt was the consensus of Council that there are numerous issues that have
to be worked out before agreeing to providing water and sewer to the site.
Until those issues are resolved, Council will reiterate their position in the
February 11th resolution.
Councilmember Martinez suggested Council sit down with the County as a
group to resolve the issues.
Mayor Umstattd stated she might request a vote on whether our position
is to do a boundary line adjustment for the entire Shellhorn site or just the fire
and rescue site at the first meeting in June.
On a motion by Councilmember Martinez, seconded by Councilmember
Kramer, the meeting adjourned at 9:18 p.m.
Town of Leesburg
A'I-I-EST:
i< of Council