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HomeMy Public PortalAbout2003_09_09COUNCIL MEETING September 9, 2003 Council Chambers, 25 West Market Street, 7:30 p,m, Mayor Umstattd presiding, Councilmembers Present: Mervin Jackson, MelJnda Kramer, Marry Hartinez, David Schmidt, Bob Zoldos, and Mayor Kristen Umstattd. Councilmembers Absent: Frank Buttery Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly, Assistant to the Town Manager Nicole Ard, Director of Engineering and Public Works Tom Mason, Director of Planning, Zoning and Development Susan Swift, Chief of Police Joe Price, Economic Development Director Betsy Fields, Management Intern Alexandra Shabelski, Tourism Coordinator Marantha Edwards and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Mayor Umstattd B. Salute to the Flag was led by Vice Mayor Jackson C. Roll Call showing Councilmember Buttery absent. D, Minutes: On a motion by Vice Mayor Jackson, seconded by Councilmember Martinez, the minutes of the August 11, 2003 worksession were approved, with minor edits, by a 6-0-1 vote with Councilmember Buttery absent. On a motion by Councilmember Martinez, seconded by Councilmember Schmidt, the minutes of the August 12, 2003 meeting were approved, with minor edits, by a 6-0-1 vote with Councilmember Buttery absent, Presentations: a. Chief Griffin - Loudoun County Fire and Rescue Loudoun County Administrator Kirby Bowers introduced Chief Griffin who gave a briefing on the denotations at their facility and the closing of that site. Chief Griffin discussed the discovery of Vietnam era munitions at a site in Sterling and the subsequent involvement by the Fire Marshall. It was determined that the munitions should be transported to the nearest certified bomb disposal site for detonation. He apologized for the lack of notification to the public and the terror experienced by the citizens of Leesburg. As a result, Loudoun County held a public meeting at Cool Springs Elementary School to hear citizen complaints. The Loudoun County Board of Supervisors met and voted to close the range. Further, the County is looking for a new facility, which is less populated. Council thanked Chief Griffin for his apology to the town and its citizens. Town Council Minutes for September 9, 2003 Page 2 Councilmember Zoldos asked what is being done to provide for damaged structu res. Kirby Bowers stated any claims should be submitted to Tish Umbell in County Financial Services. She can be reached at 703-777-0290. b. Economic Development Commission Annual Report This item was deferred to the September 23rd Council meeting. c. Resolution of Appreciation - Loudoun County Board of Supervisors On a motion by Vice Mayor .]ackson, seconded by Councilmember Kramer, the following resolution of appreciation was approved by a 6-0-1 vote with Councilmember Buttery absent: RESOLUTTON OF APPRECTAT:ZON Loudoun County Board of Supervisors WHEREAS, on August 20, 2003, hundreds of Leesburg residents, including young children, were badly frightened and literally shaken inside their homes by a series of detonations of military explosives at the County's fire and rescue training center bomb disposal facility; and WHEREAS~ neither the Board of Supervisors nor the Town Council nor any of the nearby communities had been notified in advance that these detonations would occur; and WHEREAS, the 911-System and other police phone lines were overrun with calls from frightened residents, making it impossible for residents with medical or other emergencies to reach police and fire and rescue services; and WHEREAS, the continued operation of a site this close to hundreds of homes for the purpose of bomb disposal is not compatible with the health, safety, and welfare of Leesburg residents; and WHEREAS, the Loudoun County Board of Supervisors responded quickly to town residents' and officials' concerns by suspending operations at the bomb disposal unit on September 2, 2003. THEREFORE, RESOLVED the Mayor and members of the Council of the Town of Leesburg in Virginia hereby express their support and deep appreciation to the Loudoun County Board of Supervisors for the Board's quick and responsive action to suspend operations at the bomb disposal unit. PASSED this 9th day of September 2003. d. Proclamation in Remembrance of September 11, 2001 On a motion by Councilmember Schmidt, seconded by Councilmember Martinez the following proclamation was approved by a 6-0-1 vote (Buttery absent): Town Council Minutes for September 9, 2003 Page 3 PROCLA MA T.~ON Remembrance of September 11, 2001 WHEREAS, in an unprovoked and senseless act of terrorism, four civilian aircraft were hijacked on September 11, 2001, and crashed in New York City, Pennsylvania and the Pentagon; and WHEREAS, innocent U.S. citizens of all heritages as well as visiting citizens of foreign nations were killed and injured as a result of these horrific acts; and WHEREAS, while we as a Nation still continue to recover from the unspeakable loss of so many innocent lives, the indomitable spirit of the United States has been revitalized and given way to numerous expressions of patriotism; and WHEREAS, the threat of terrorism, destruction and senseless violence must be banished for any free society to exist; and WHEREAS, Leesburg shares in the grief and will commemorate the two-year anniversary of the September 11th tragedies at 7:30 p.m. on the Town Green. THEREFORE RESOLVED, the Mayor and Town Council of the Town of Leesburg in Virginia extend their deepest condolences to the innocent victims of these unprovoked actions by terrorists, as well as to their families and their friends. FURTHER RESOLVED, the Mayor and Town Council also salute the heroism of public safety and rescue workers, volunteers, local, state and federal officials, including the men and women serving in our military, and those who responded to these tragic events with courage, selfless compassion, determination, and skill. PROCLA:I:MED this 9th day of September 2003. This proclamation was presented to Patty Russell with the Loudoun County Volunteer Rescue Squad, Terry Frye and Marry Mantell with the Leesburg Fire Department Co. 1. e. Proclamation of Hispanic American Heritage Month On a motion by Councilmember Martinez, seconded by Councilmember Zoldos the following motion was approved by a 6-0-:[ vote with Councilmember Buttery absent: PROCLAMATTON HISPANIC HERITAGE MONTH SEPTEIVlBER 15 THROUGH OCTOBER 15, 2003 WHEREAS, September :[5 through October :[5, 2003 is designated by the Federal Government as a time to recognize the achievements and contributions of Hispanics in this country; and Town Council Minutes for September 9, 2003 Page 4 WHEREAS, the significant achievements of Hispanics have shaped, and continue to shape our nation's history; and WHEREAS, local cultural institutions are sponsoring various events celebrating Hispanic heritage through October; and WHEREAS, Leesburg's Hispanic community continues to make significant cultural and economic contributions to our Town. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim September 15 through October 15 of the Year 2003 as Hispanic Heritage Month in the Town of Leesburg and urge the citizens of Leesburg to join in recognizing and preserving the contributions made by Hispanics throughout the history of our nation. PROCLAZMED this 9th day of September 2003. This proclamation was presented to Maritza Soldana who is working with Loudoun County as a Hispanic advocate. F. Petitioners Dr. David Goodfriend., Loudoun County Department of Health, provided Council an update on West Nile Virus activity. He stated the Health Department is attacking West Nile Virus on three fronts: surveillance, mosquito control and education. Further, he gave an update on other services affecting Leesburg residents: emergency preparedness, malaria, communicable disease control, biosolids, and patient care services. Councilmember Schmidt stated and Dr. Goodfriend assured that the town biosolids product has a Class A rating and poses no health risks. Council thanked Dr. Goodfriend for the update. Tim Hubbard, 907 Sweet William Court, thanked all of those who joined in the public forum on bomb detonations. He thanked the Board of Supervisors and Chief Griffin for moving quickly to close the facility. Phil Rusciocelli, 857 Macalister Drive, SE, addressed Council. Mr. Rusciolelli asked Council to please not release the performance bond posted by Arcadia Development for the Tavistock development. He presented Council with documentation as to work still uncompleted by Arcadia. Chris Norgard, 625 Cleary Square, also discussed the unsatisfactory completion of bonding items by Arcadia Development in the Tavistock development. He asked that the performance bond not be released until all issues have been resolved. Marry Mantell, representing the Leesburg Fire Department, thanked Council for the consideration of the agreement to forgive the site development costs for the Plaza Street fire station. He stated this would allow them to allocate their financial resources to the Loudoun Street sLation renovations. Town Council Minutes for September 9, 2003 Page 5 He invited Council to their open house on Saturday, September 13th. Allan Furman, 34 Linden Hill Way, reported to Council that his family is moving to Florida. He thanked Council and town staff for all they have done for the community. Mr. Furman presented Director of Engineering and Public Works with a few tapes and other mementos of past Council meetings. He added that Leesburg is a great place to live. Councilmember Zoldos thanked Mr. Furman for his work as a community activist and being a leader in the Linden Hill community, Vice Mayor Jackson and Councilmember Schmidt also thanked Mr. Furman for his help throughout the years. Gm Public Hearing: a. Change in polling place The public hearing opened at 8:40 p.m. Clerk of Council .ludy Ahalt gave a brief overview of this request from the Electoral Board to change the polling place for the 502 East Leesburg Precinct. The proposal is to change the Shenandoah Square Office Building at 102 Heritage Way, NE to Frances Hazel Reid Elementary School at 800 North King Street. There were no petitioners for this public hearing. The public hearing closed at 8:45 p.m. After discussion it was the consensus of Council to vote on this ordinance amendment under new business. H. Council Comments: Councilmember Schmidt expressed sympathy for the loss of former Councilmember Bill Webb. He congratulated Steve Cawthron for being reappointed by the governor to the Virginia Board of Waterworks and Wastewater Operation. Further, Mr. Cawthron and the Utilities Department were awarded a VML Achievement Award for the TLC Biosolids program. Councilmember Schmidt reminded citizens of the 9-11 Ceremony on the Town Green on Thursday night. Councilmember Martinez asked that staff respond to the citizen concerns in the Tavistock development with reference to the release of Arcadia's performance bond. Further, he thanked The Loudoun Literacy Council for the presentation at the Court House. He thanked Beth Wiseman for the fine job. Councilmember Zoldos expressed sympathy to the Bill Webb family. Town Council Minutes for September 9, 2003 Page 6 He asked staff for a report on the pending bond release for Arcadia Development in the Tavistock neighborhood. Councilmember Zoldos also reminded citizens of the 9-11 remembrance ceremony at 7:30 p.m. on Thursday. He discussed the issue of the Economic Development Director visiting town merchants and a business friendly atmosphere from the economic development staff. He reported that through a FOIA request he has received a list of businesses staff has visited. Councilmember Zoldos directed the Town Manager to direct the Economic Development staff to go out and meet with businesses. Vice Mayor ,lackson reported that he attended the Symington and Webb funerals and extended sympathy to both families. He thanked Scott Lincoln of the Utilities Department for his helpfulness to town citizens. Councilmember Kramer reported that the Loudoun Literacy Council event went well and First Friday Gallery Walk was well attended. She expressed concern with Councilmember Zoldos' inappropriate way of publicly speaking to town staff. She asked him to disclose businesses that have concerns so that we can resolve their issues. I~layor's Comments Mayor Umstattd reported that on September 24th at Rust Library there would be a program to make parents aware of how to crime proof their children. For more information contact Lance Kelly at 703-77:~-5568. The Mayor thanked Betsy Fields and Marantha Edwards for their efforts on a recent visit from the Virginia Tourism Forum officials. .1. 14anager's Report Bob Noe reported that Clerk of Council Judy Ahalt has earned the achievement of Certified Municipal Clerk from the :International :Institute of Municipal Clerks. Mr. Noe reported that a bear has been apprehended on Old Waterford Road. The bear was tranquilized and moved to a more suitable location. Joe Price briefed Council on a malicious wounding incident at the House of Chicken on Ft. Evans Road and reported on their reporting procedures and processes. Further, he discussed gang activity in Leesburg and the proactive steps taken by Leesburg Police. He provided statistics on gang cases handled by the Commonwealth's Attorney and alleged gang activity in the Town. K, Legislation ORDZNANCES J On a motion by Councilmember Schmidt, seconded by Councilmember Martinez, the following ordinance was proposed: Town Council Minutes for September 9, 2003 Page 7 ORDZNANCE 2003-O-:1.4 Amending Leesburg Zoning Ordinance Section 12.8.5 to authorize Council to modify screening and buffer-yard requirements as part of a special exception process. Vice Mayor ,lackson stated he would be abstaining from voting on this ordinance. Councilmember Zoldos stated Council should consider the long-term impact on town properties. He cited the additional traffic that will be generated on the Kentucky Fried Chicken site on Edwards Ferry Road. Councilmember Martinez commented that this amendment would only allow Council to consider buffer modifications. Mayor Umstattd commented that this change in process would allow special exceptions to have two public hearings to receive citizen comment. The motion was approved by the following vote: Aye: Martinez, Schmidt and Mayor Umstattd Nay: Kramer and Zoldos Vote: 3-2-1-1 (Jackson abstaining and Buttery absent) CONSENT AGENDA On a motion by Vice Mayor Jackson, seconded by Councilmember Kramer, the following consent agenda was proposed: 2003-124 RE$OLUTZON Making a reduction of the performance guarantee for public improvements installed in Leesburg Autopark, Lot D 2003-125 RESOLUT]:ON Authorizing an agreement and approving a performance guarantee for Dulles Motorcars - Parking Lot, Harvest Square Lots i & 2. The consent agenda was approved by the following vote: Aye: ~lackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 6-0-1 (Buttery absent) REGULAR AGENDA On a motion by Councilmember Martinez, seconded by Councilmember Zoldos, the following motion was proposed: 2003-126 RESOLUTZON Adopting the Solid Waste Management Plan dated March 17, 2003, as revised for and by the public hearing conducted on April 8, 2003, for the Loudoun County Solid Waste Management Planning District (LCSWMPD) Town Council Minutes for September 9, 2003 Page 8 The motion was approved by the following vote: Aye: .lackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 6-0-1 (Buttery absent) Councilmember Zoldos, seconded by Vice Mayor Jackson, proposed tabling the following motion: RESOLUTTON Consideration of the Government Support Center/PhJllip A. Bolen Memorial Park Master Plan. The motion to table was approved by the following vote: Aye: .lackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 6-0-1 (Buttery absent) Boards and Commissions Airport Commission - No comment f. g. h. i. Thomas Balch Library Commission - Councilmember Schmidt stated his employer held a meeting at the Balch and commented on the excellent staff and facility. Board of Architectural Review - No comment Cable Commission - No comment Economic Development Commission - No comment Environmental Advisory Commission - No comment Tnformation Technology Commission - No comment Parks and Recreation Commission - No comment Planning Commission - a. Town Plan Review Report - Bridget Bangert Bridget Bangert gave a status report on the Town Plan. She stated the five sector meetings have been completed. A visioning session will be held on Saturday, September ~.3th at Ida Lee Recreational Center. j. Tree Commission - No comment k. Standing Residential Traffic Committee - No comment New Business Polling Place Town Council Minutes for September 9, 2003 Page 9 On a motion by Councilmember Zoldos, seconded by Councilmember Schmidt, the following motion was proposed: 200:~-O-;L5 ORD?NANCE Amending Section 6.2 of the Town Code relating to voting places. The motion was approved by the following vote: Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 6-0-1 (Buttery absent) N. Adjournment On a motion by Vice Mayor Jackson, seconded by Councilmember Schmidt, the meeting adjourned at 9:33 p.m. ATTEST: of Councii Kristen C. Umstattd, Mayor Town of Leesburg .l:Clerk/minutes/2003_tcmin0909.doc