HomeMy Public PortalAbout2003_06_24COUNCIL MEETING June 24, 2003
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Coun¢ilrnembers Present: Frank Buttery, Melinda Kramer, Mervin Jackson, Robert
Zoldos, and Mayor Kristen Umstattd.
Coun¢ilmembers Absent: David Schmidt and Marty Martinez
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 Finance Paul York, Director of Human Resources Dona Wolf,
Director of Parks and Recreation Kaj Dentler, Director of Planning, Zoning and
Development Susan Swift, Zoning Administrator Brian Boucher, Assistant to the
Town Manager Nicole Ard, Planner Nancy Kitchens, Management/Budget Officer Mike
Freda, Management Intern Alexandra Shabelski, and Clerk of Council Judy Ahalt.
AGENDA ITEMS
A. Tnvocation by Vice-Mayor Jackson
B. Salute to the Flag was led by Councilmember Kramer
C. Roll Call showing Councilmembers Schmidt and Martinez absent
D. Minutes:
On a motion by Vice-Mayor Jackson, seconded by Councilmember Buttery, the
minutes of the June 9, 2003 worksession were approved by a 5-0-2 vote with minor
edits (Counciimembers Schmidt and Martinez absent).
On a motion by Councilmember Buttery, seconded by Councilmember Zoldos,
the minutes of the .]une 10, 2003 regular meeting were approved by a 5-0-2 vote
with minor edits (Councilmembers Schmidt and Martinez absent).
E. Presentations
None
F. Petitioners:
Chris Jones, Loudoun County Sheriff candidate, addressed Council. Mr. Jones
outlined his three major points of his campaign as (1) community policing, (2)
rebuilding the current network for public safety, and (3) repairing damaged
relationships between our leaders in government and the Loudoun County Sheriff's
Office.
Kevin Wright, 109 Pershing Avenue NW, addressed Council. Mr. Wright had
concerns with the manner in which the original resolution on the Pershing Avenue
improvements was amended. He stated that citizens were not allowed to comment
on the amended resolution. Secondly, he had concern with the decision Council
made on the Pershing Avenue improvements. He stated parking on both sides of
the street was a need not a want citing the difficulty with church parking
Mr. Wright asked Council to please reconsider their decision of June 10th.
Town Council Minutes for .lune 24, 2003 Page 2
Heidi Evans, representing parents of ~[da Lee preschoolers, addressed Council
with concerns under which some teachers were leaving the school.
Ms. Evans discussed the loss of benefits for a preschool teacher and lack of
compensation for time worked. Ms. Evans raised some budgetary issues, such as
where budgeted funds go when a position is left unfilled and monies not shown in the
budget to reflect tuition increases.
Further, Ms. Evans asked that children's artwork be displayed on the windows
and to have the side doors of Tda Lee open to create easier and safer access for
parents when dropping off and picking up children.
The Mayor asked staff to research these issues.
Cynthia Everhart, 229 South Street SE, addressed Council concerning a water
run off problem on her property. She stated concerns with damage to her house
foundation. Further, she questioned whether the old quarry near her residence
could be contributing to the problem.
Council asked that this item be addressed at the next worksession.
Fred Fleminq, Leesburg District School Board Representative, addressed
Council thanking them for their consideration on the Monroe Vo-tech building
project. Further, he thanked Bob Noe and Paul York for their assistance in this
project.
Mr. Fleming advised Council that the Hazel Reid Elementary School in
Leesburg is on target for a fall opening.
Kaj Dentler addressed the concerns of a previous speaker, Heidi Evans.
Mr. Dentler stated that the preschool teachers mentioned have resigned and have
not asked to have benefits restored. Further, they assumed their positions at the
school at the existing compensation rate.
He added that teachers are hired with a stipulation of providing
documentation of meeting education standards required.
He stated there is some confusion because the preschool program is linked
with the job share program. He stated no preschool or recreation programs have
been cut from the budget and when vacancies occur unspent salaries remain in the
account. The differences in revenues generated by new tuition rates are because
they reflect existing rates that were in effect during the budget process.
Mr. Dentler acknowledged that there is a lot of confusion and he is willing
with parents as he is concerned with the quality of the programs at Ida Lee.
He stated they are 70% self-sufficient for the operating costs of the
programs.
Mike Freda addressed inaccuracies in the parks and recreation budget with
reference to how childcare and preschool programs are shown.
Town Council Minutes for June 24, 2003 Page 3
Councilmember Zoldos thanked Ms. Evans for bringing this issue to Council
and offered to meet with her and the budget office to explain the process.
Mayor Umstattd and Councilmember Kramer echoed Councilmember Zoldos'
comments.
Public Hearing
a. Special Exception SE-2002-08 for the expansion of the existing
childcare center and church use at 605 West Market Street.
The public hearing was called to order at 8::[5 p.m.
Nancy Kitchens provided an overview of this application stating the
Planning Commission has recommended conditional approval.
She stated the major issues are a 6-foot asphalt trail instead of a 4-foot
sidewalk, frontage improvements and reservation of land along Catoctin
Circle.
Peter Miller, Campbell, Miller & Zimmerman, addressed Council on behalf
of the applicant.
Hr. Miller gave an overview of the application.
Hr. Miller states they are in agreement with the 6-foot asphalt trail. He
stated they are opposed to Condition No. 6, which requires the dedicated left
turn lane. However, they are willing to give other frontage improvements.
He referenced Vice-Mayor Jackson's comment that this application should
be treated consistent with conditions imposed on other churches. He stated
their circumstance is different as it is not new construction and asked to
remove the left turn lane requirement from Condition No. 6.
Mr. Hiller voiced concerns with Condition No. 7 that asks for the
reservation of a 6-foot wide, 270-foot long area of land for dedication for
street purposes. He suggested revising the language to say, "the acquisition
will be made by purchase, condemnation, or dedication".
Further, Mr. Miller asked that Condition No. 7 have similar language to
Condition No. 6 with reference to the waiver.
There were no petitioners for this application.
Brian Boucher clarified the reason for the language in Condition No. 7,
stating the future may call for a right turn lane onto E. Market Street. The
request is to reserve the land for potential dedication to the town, adding this
would be a benefit to the taxpayer.
Calvin Grow concurred.
Vice-Mayor Jackson referenced a letter from the church stating they will
reserve the land for future right-of-way for 2:[ years.
Town Council Minutes for .lune 24, 2003 Paqe 4
Brian Boucher clarified that frontage improvements on Condition No. 7
will include a 6-foot wide trail instead of a sidewalk and other frontage
improvements.
Vice-Mayor .lackson stated we should be consistent with what the other
churches have done.
Mr. Smith asked that Council consider not requiring the left turn lane, as
they are not impacting traffic turning left.
Calvin Grow stated that the traffic study recommends a left turn lane.
Bill Donnelly explained the reservation language. He stated the zoning
administrator interprets reservation to mean "dedication as need". The
applicant would like to reserve the right to make the town purchase the land.
Mr. Boucher's point is the town normally requires dedication at no cost. One
concession is that a reservation does not allow building in the reserved area.
He stated that anything less than a dedication would set a precedent.
The construction of the left turn lane cost would be substantial and would
probably be less if it is done at the time of improvements. This is a standard
requirement required of other applicants.
He stated the proposal doesn't generate a need for a left turn lane.
Mr. Grow confirmed that the church does not generate the left turn lane
traffic.
Bill Donnelly discussed the issues of whether a reservation area can be
built upon.
He reminded Council that in the last church application the language with
reference to waiving public improvements was deleted.
The public hearing closed at 9:07 p.m.
b. Revising and initiating land development fees.
The public hearing opened at 9:08 p.m.
Mike Freda advised Council that these fee changes were recommended
during the budget process. He stated at that time there was no public
comment and the Planning Commission had recommended approval.
Karen .1ones, Economic Development Commission, addressed Council
asking whether an economic impact study has been done.
Mike Freda stated it has not.
Mike Freda stated that the Maximus Study has provided input to the fee
revisions.
The public hearing closed at 9:15 p.m.
Town Council Minutes for ]une 24, 2003 Page
H. Council Comments
Councilmember Zoldo~ stated that :[nterfaith Relief is looking for a place to
locate their soup kitchen and suggested the possibility of [zaak Walton Park. He
stated he is asking them to contact Kaj Dentler to check on its availability.
Further, under new business he will be asking for reconsideration of the
resolution passed on June 10th for the Pershing Avenue improvements.
Vice-Mayor .lackson had no comment.
Councilmember Buttery recognized the Loudoun County Girl's Tennis Team
and the Loudoun Valley Girl's Softball Team for winning the state championship.
He reminded the citizens of Leesburg to come out to :[da Lee Park for their
annual Fourth of July Celebration.
Councilmember Buttery provided a pamphlet from Loudoun County on their
Ozone Action Program and asked the town manager to exploring joining them in this
effort.
Further, he suggested working in conjunction with Loudoun County schools to
publicize their events, possibly with a bulletin board in the visitor's center or at :[da
Lee.
Councilmember Kramer suggested sharing the information on the Ozone
Action Program with the Environmental Advisory Commission.
She gave a few highlights of the Virginians to Virginians trip to Blacksburg.
Also attending was Marantha Edwards, Betsy Fields and David Fuller. She stated
Blacksburg's Mayor, Council and Town Manager, Gary Huff, showed them their
commitment to working with businesses. One example was their coop with a cultural
center at Virginia Tech.
Mayor's Comments
Mayor Umstattd reported attending the unveiling at Balch Library of the new
William Woodward painting. This painting depicted the first meeting of the colonists
and the American :Indians in Loudoun County which took place on April :[2, 1699.
The Mayor commented this is the last Council meeting for Phil Rodenberg, the
Deputy Town Manager, and wished him the best of luck in his manager's job in
Fredericksburg.
.1. Manager's Report
Bob Noe introduced the new management intern, Alexandra Shabelski and
the :[nterim Airport Director, Cindi Martin,
Town Council Minutes for June 24, 2003 Page
K. Legislation
ORDXNANCES I
On a motion by Vice-Mayor Jackson, seconded by Councilmember Kramer the
following motion was proposed:
ORDINANCE
2003-O-9
Amending Article I, Chapter 17, Section 17-6.1 "Collection Fee" to increase the
collection fees on delinquent taxes and other charges from $10 to $30 prior to
judgement and from $15 to $35 subsequent to judgement in accordance with
Virginia Code Section 58.1-3958.
The motion was approved by the following vote:
Aye: Buttery, .]ackson, Kramer, Zoldos and Mayor Umstattd
Nay: None
Vote: 5-0-2(Martinez and Schmidt absent)
CONSENT AGENDA
On a motion by Councilmember Zoldos, seconded by Councilmember Buttery,
the following consent motion was proposed:
RE$OLUTTON
2003-101
Accepting public improvements, releasing the performance guarantee and approving
a maintenance guarantee for public improvements at Woodlea Manor Phase
I/Bradfield Drive connection.
RESOLUTION
2003-102
Amending the fiscal year 2003 budget and making appropriations in the amount of
$70,661 to the Engineering & Public Works Department and $4,518 to the airport
from federal and State of Virginia disaster assistance funds received for snow
removal during the February 2003 snowstorm.
RESOLUTTON
2003-103
Authorizing a public hearing to consider the vacation of portion of North Street, NE.
RESOLUTION
2003-104
Authorizing the use of Uran funds to reimburse the Monroe Technology Center for
utility fees paid for the home they constructed at 804 Wage Drive.
The motion was approved by the following vote:
Aye: Buttery, .]ackson, Kramer, Zoldos and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Martinez and Schmidt absent)
REGULAR AGENDA J
Town Council Minutes for .lune 24, 2003 Paqe ?
On a motion by Vice-Mayor .lackson, seconded by Councilmember Kramer, the
following motion was proposed:
RESOLUTZON
2003-105
Awarding a contract in the estimated amount of $2,240,140 effective September 1,
2003 with up to four one-year renewal options to United Health Care Company, Inc.
to provide the town with employee health care insurance coverages.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Zoldos and Mayor Umstattd
Nay.' None
Vote: 5-0-2 (Martinez and Schmidt absent)
On a motion by Councilmember Buttery, seconded by Councilmember Zoldos,
the following motion was proposed:
RESOLUTZON
2003-106
Adopting a vision statement for the Town of Leesburg.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Zoldos and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Martinez and Schmidt absent)
On a motion by Councilmember Zoldos, seconded by Vice-Mayor .lackson, the
following motion was proposed:
RESOLUTZON
2003-107
Making an appointment to the Annexation Committee - Councilmember Dave
Schmidt.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Zoldos and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Martinez and Schmidt absent)
Councilmember Buttery verified that the committee would have a total of 4
members.
L, Board
a.
and Commissions
Airport Commission
No comment
b. Thomas Balch Library Commission
No comment
c. Board of Architectural Review
No comment
Town Council Minutes for June 24, 2003 Page 8
d. Cable Commission
No comment
e. Economic Development Commission
No comment
f. Environmental Advisory Commission
No comment
g. :Znformation Technology Commission
No comment
h. Parks and Recreation Commission
On a motion by Councilmember Buttery, seconded by Vice-Mayor
Jackson the following motion was proposed:
RESOLUTZON
2003-108
Making an appointment to the Parks and Recreation Commission - Terry
Young.
Planning Commission
a. Town Plan Status Report
Robert Dube gave Council an update on the progress of the Town
Plan. He stated the Commission would have members present to
answer Council questions. Further, the schedule for Town Plan review
will be posted on the Town website.
Councilmember Buttery thanked Mr. Dube for the report and
commended him on the job he is doing as a Planning Commission
member.
j. Tree Commission
No comment
k. Standing Residential Traffic Committee
No comment
NEW BUSZNESS
a. On a motion by Councilmember Zoldos, seconded by Vice-Mayor Jackson,
the following motion was proposed:
RESOLUTI:ON
2003-109
Initiating, replanning and expediting processing for Barber & Ross Company.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Zoldos and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Martinez and Schmidt absent)
Town Council Minutes for June 24, 2003 Page
b. Councilmember Zoldos made a motion to revisit the Pershing Avenue
Street Improvements Project at the next Council meeting on July 7 & 8, seconded
by Vice-Mayor Jackson.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Zoldos and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Martinez and Schmidt absent)
AD.1OURNt4ENT
The meeting adjourned at 10:06 p,m.
All'EST:
rk 3~ Council
.1 :ClerkJminutes/2003_l~cminO624.doc