HomeMy Public PortalAbout2003_09_23COUNCIL MEETING September 23, 2003
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Frank Buttery, Mervin Jackson, Melinda Kramer, Marry
Martinez, David Schmidt, Bob Zoldos, and Mayor Kristen Umstattd.
Councilmembers Absent: All present
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, Economic Development Director Betsy Fields, Interim Airport Director
Cindi Martin, Management Intern Alexandra Shabelski, Tourism Coordinator
Marantha Edwards and Assistant to the Clerk of Council Debi Parry.
AGENDA ITEMS
A. Invocation by Vice Mayor Mervin ]ackson
B. Salute to the Flag was led by Councilmember Schmidt
C. Roll Call Councilmember Buttery arrived at 8:35 p.m.
D. Minutes:
On a motion by Vice Mayor Jackson, seconded by Councilmember Martinez,
the minutes of the September 8, 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
Kramer, the minutes of the September 9, 2003 meeting were approved, with minor
edits, by a 6-0-1 vote with Councilmember Buttery absent.
Presentations:
a. Tourism Marketing Campaign - Mann Marketing
Betsy Fields stated Council has endorsed the Business Development Strategy
commissioned by the Economic Development Commission. Ms. Fields stated Mann
Marketing has made a presentation to the Economic Development Commission on
two occasions and has incorporated their suggestions. Ms. Fields introduced
Teresa Yasutis with Mann Marketing Communications.
Ms. Yasutis stated the campaign's objective is to raise positive awareness for the
Town of Leesburg thus increasing tourism activity. She outlined the logo stating
they chose the way finding sign design as it shows that Leesburg is rich in history,
then added a stylized star to show Leesburg's progressive and dynamic nature.
Further, she outlined the tagline, which reads, "discover the charm" for use in the
tourism campaign and "discover the opportunity" for use in attracting businesses to
Leesbu rg.
Ms. Yasutis outlined the brochure and tourism ad stating the ad's message will
promote the benefits of a charming town with a holiday theme and will include a
calendar of holiday events. She stated the ad would appear in the Washington
Post, Loudoun Magazine and the Weekender enabling it to reach over five million
Town Council Minutes for September 23, 2003 Page 2
people. Ms. Yasutis outlined the radio aspect of the media strategy stating
promotion spots will reach target listeners on Mix 107.3 and Smooth .lazz 105.9.
Councilmember Schmidt stated this is a very sound plan, particularly the
advertising strategy. Further, he likes the brochure concept but pictures are critical
and he would like to see more of the feel of Leesburg in it. Additionally, he stated
he would like to have feedback provided as the brochure progresses.
Councilmember Martinez echoed Councilmember Schmidt's comments asking if
the logo would be available to anyone who wants it?
Betsy Fields stated they plan to trademark the logo and make it available to
other Leesburg organizations thru a memorandum of understanding.
Councilmember Zoldos stated Mann Marketing has done a great job and it
seems to be a great way to start off the holiday season.
Vice Mayor Jackson agreed with Councilmember Zoldos' comments.
Councilmember Kramer stated the ad should be unique to Leesburg. She
suggested the print ad depict King Street with snow as it shows exactly what
people love about Leesburg.
Ms. Yasutis stated it has been a challenge to find pictures such as that adding
next year's campaign will have winter scenes.
Mayor Umstattd stated this is potentially a very good program, and suggested a
picture of a horse-drawn carriage in front of the Loudoun Museum.
b. Resolution of Respect - William F. Webb
On a motion by Vice Mayor Jackson, seconded by Councilmember Zoldos, the
following resolution of respect was approved by a 6-0-1 vote with Councilmember
Buttery absent:
Resolution of Respect
William F. Webb
WHEREAS, William F. Webb, a forty year resident of Leesburg, died at
the age of 78 on September 3rd; and
WHEREAS~ Mr. Webb was active in the community and has served the
Town of Leesburg for 35 years; and
WHEREAS, during his Town of Leesburg service, Mr. Webb served as
Council member for eight years, the last six of those as Vice Mayor; and
WHEREAS, he served as a member of the Planning Commission for 26
years, Board of Architectural Review for 25 years, Cable Commission for the
past five years, and Councilmanic representative to various boards and
commissions. Mr. Webb served on the Transportation Coordinating Council
of Northern Virginia (TCC) for five years during his tenure on the Leesburg
Town Council; and
Town Council Minutes for September 23, 2003 Page 3
WHEREAS, Mr. Webb spent more than 10 years as a Loudoun County
election official; and
WHEREAS, after his retirement from C & P Telephone Company in
1981, Mr. Webb worked for Cablevision of Loudoun and its successor Storer
Cable until retiring in :~987. Mr. Webb then worked as a school bus driver for
the Loudoun County Public Schools until 2001; and
WHEREAS, Mr. Webb was a member of the Leesburg United Methodist
Church since 1959; and
WHEREAS, Mr. Webb was known throughout the community as a
strong advocate of constituent services and was a tireless caregiver to those
in need.
THEREFORE, RESOLVED the Mayor and members of the Council of
the Town of Leesburg in Virginia extend their sympathy to the Webb family
and ask that this Resolution of Respect be spread upon the minutes of this
meeting and that a copy be sent to the Webb family.
PASSED this 23rd day September of 2003.
Mayor Umstattd, along with all members of Council expressed their
condolences and presented the resolution of respect to Mrs..lanice Webb.
¢. Proclamation - Physical Therapy lUlonth
On a motion by Councilmember Zoldos, seconded by Councilmember Martinez,
the following proclamation was approved by a 6-0-1 vote with Councilmember
Buttery absent:
PROCLAMATION
PHYSICAL THERAPY MONTH
OCTOBER 2003
WHEREAS, we are pleased to join with Loudoun Physical Therapy and
all citizens of Leesburg, Virginia to celebrate National Physical Therapy Month
October 2003; and
WHEREAS, the Physical Therapists of Loudoun Physical Therapy are
committed to educating and encouraging citizens of the benefits of fitness to
their quality of life through evaluations of strength, balance, cardiovascular
endurance, and posture; and
WHEREAS, Loudoun Physical Therapy is dedicated to restoring
citizens to their good health with innovative and patient centered care that is
diverse and friendly.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby proclaim October 2003 as National Physical Therapy Month,
and call upon the citizens of Leesburg to join their fellow citizens in
recognizing and promoting health through fitness.
Town Council Minutes for September 23, 2003 Page 4
PASSED this 23rd day of September 2003.
Mayor Umstattd presented this proclamation to Ms. Genevieve Griffin,
Clinical Director, Loudoun Physical Therapy.
d. Proclamation - 94th Anniversary of the National Association for the
Advancement of Colored People
On a motion by Councilmember Zoldos, seconded by Vice Mayor Jackson
the following proclamation was approved by a 6-0-1 vote with Councilmember
Buttery absent:
PROCLAMATION
94th Anniversary of the National Association for the Advancement of
Colored People
February 12, 2004
WHEREAS, On February 12, 1909 the National Association for the
Advancement of Colored People was founded by a multiracial group of activists;
and
WHEREAS, for more than nine decades the NAACP has been
the largest and most recognized volunteer organization nationwide
dedicated to winning the struggle to obtain racial justice for all
Americans; and
WHEREAS, the NAACP stands faithfully with courage and determination
by celebrating 94 years of democracy, which shows a willingness to do what is
right, to seek justice, and a commitment to end the unjust system that
dehumanizes the beauty and sacredness of human equality; and
WHEREAS, the Loudoun County Branch of the NAACP provides local
programs to nurture and foster the growth of young people through
mentoring, tutoring and recognizing excellence in academics as well as
citizenship; and
WHEREAS, the Loudoun County Branch of the NAACP further supports
the community through active committees that address religious affairs, legal
redress, housing education, health education, economic development, and
political action.
THEREFORE, RESOLVED the Mayor and Council of the Town of
Leesburg in Virginia congratulate the National Association for the Advancement
of Colored People on their 94th anniversary and express the deepest gratitude
to the many volunteers who have worked tirelessly through this organization to
bring racial harmony and equality to our nation.
PROCLA:[I~ED this 23rd day of September 2003.
Mayor Umstattd presented the proclamation to Ms. Louetta Watkins, former
president of the Loudoun chapter of the NAACP.
Town Council Minutes for September 23, 2003 Page 5
F. Petitioners
Mark Nuzzaco, 806 Balls Bluff Road, addressed Council stating he is currently
campaigning for the Catoctin District seat on the Loudoun County School Board. He
stated Loudoun County and Leesburg have been a wonderful place to raise his family.
Further, he emphasized the importance of a strong relationship between the Loudoun
County School Board and the Leesburg Town Council.
Brian Dearing, CEO, Northern Virginia Community Hospital and Dominion Hospital,
addressed Council regarding the Broadlands Regional Medical Center. Mr. Dearing stated
both Virginia Community and Dominion Hospitals are aging facilities and HCA is looking to
consolidate both facilities into the proposed Broadlands Regional Medical Center. Further,
he outlined the need for additional healthcare beds and services in the Loudoun County
community.
Peter Burnett, Loudoun Cares, stated this new organization has a phased plan to
provide a consolidated information referral help line to the community. He stated the
principal partner agencies hope to locate under one roof to provide a stream lined
approach to the provision of services to serve those in need and those volunteers who
want to serve.
Andy Johnson, Loudoun Cares, stated they opened Our Health in Winchester,
Virginia and through a very ambitious campaign were able to raise enough funds to only
charge the non-profits $5.00 a square foot. He stated Congressman Frank Wolf was able
to provide $800,000 for the project in addition to state and community funds.
IVlr. Johnson stated some of the groups using this facility would include
Brain Injury Services, the Good Shepherd Alliance, Friends of Loudoun Mental Health,
Legal Services of Northern Virginia, Loudoun Interfaith Relief, Loudoun Literacy Council,
Loudoun Volunteer Caregivers and MotherNet Healthy Families of Loudoun.
.lohn Hunter., 202 Wilson Avenue, NW, asked Council to provide a location
for the Loudoun County Park and Ride lot.
Christa Donahue, Loudoun County Small Business Development Center, stated this
year they have provided one-on-one counseling for over 800 clients and have seen
over 900 attendees at the various seminars they conduct. She stated the center provides
many services to small business owners including: one-on-one site visits and office
consultations; helping small businesses develop business plans, web sites, marketing
literature; introduce them to local financial institutions; help them learn how to properly
price their merchandise; and assist in navigating the various government agencies
required to expand and start a business.
Mayor Umstattd thanked Ms. Donahue for the SBDC's periodic updates.
Charles Hewitt, 620 Marshall Drive, NE, asked Council to provide a location for the
Loudoun County Park and Ride Lot.
G. Public Hearing:
None
H. Council Comments:
Councilmember Schmidt expressed his sympathy to two town residents that were
killed by automobiles while attempting to cross the street. He stated on September ~.4th
Town Council Minutes for September 23, 2003 Paqe 6
Mr. Rigaberto Barrera was hit on the bypass and the hit and run driver later turned herself
in. Further, he stated the next day Denise Henderson, a Leesburg resident was killed
while crossing Connecticut Avenue at L Street in Washington, DC.
He stated he received a note from Leesburg resident Mr. Tom Grove describing
various pedestrian concerns including Loudoun and King Streets, Edwards Ferry Road and
Heritage Drive, Center Street and Catoctin Circle all of which need pedestrian signals. He
asked the Town Manager to take a look at these and that Council consider the issue of
pedestrian safety during the mid-year budget.
Further, Councilmember Schmidt stated Council received a letter from
Congressman Frank Wolf urging Leesburg to encourage Governor Warner to study the
widening of Interstate Route 66. Further, he stated he would support this and asked that
a resolution be brought to the next Council meeting to formally endorse the widening of
Interstate Route 66. He stated the land is already there, this would not be a major
project and it would help not only Leesburg citizens but also many citizens in the Northern
Virginia area.
Councilmember Schmidt addressed the ongoing purchase card investigation stating
Council wants to get to the bottom of this and appreciates the Town Manager's actions to
dale to get the story out to the media as quickly as possible. He stated there needs to be
more scrutiny of the credit card purchases after the fact including more employee training
to better understand how con artists use credit cards and other scams to hide major
purchases.
Councilmember Schmidt stated Council received a briefing last night by several
town employees who before this event had been working on a series of visioning sessions
they call HOPE emphasizing, Honesty, Openness, Pride and Excellence. Further, he stated
this one incident is not indicative of the rest of the town staff and he would like to give his
support to all of the town's employees as they continue their efforts on their vision,
mission and values.
Councilmember Schmidt stated he received a letter from the McCarthys' on
Edwards Ferry Road regarding a retaining wall which collapsed due to flooding and within
an hour of calling the town workers helped to remove the debris from the roadway and
the sidewalk to avoid a hazard. He stated this speaks to what a fine town staff we have.
Additionally, Councilmember Schmidt stated he had a late email, which he copied
to Council regarding the closing of Route 15 South because of flooding. He stated this
may continue through the evening and asked citizens to check their radio and TV as they
head out tomorrow morning. He stated the email raised the issue of the Chancellor Street
emergency road and trail, which would have been an option if there were a fire emergency
while Route :L5 was closed. He stated this is an issue that isn't going to go away and is
just another example of where it may have helped us.
Finally, he stated the Economic Development Commission will host the Business
Appreciation Awards at the Birkby House on October ~[6th and asked Council to support
that event.
Councilmember Martinez thanked Mr. Hunter and Mr. Hewitt for speaking about the
park and ride stating he likes to see citizens speak out on issues. Further, he thanked the
street crew for assisting in the clean up of Exeter after the storm. He stated the trees
were torn down, cut up, shredded and most of the street cleared of debris by noon.
Town Council Minutes for September 23, 2003 Page 7
Councilmember Martinez thanked Mayor Umstattd and Mr. Noe for dealing with the
credit card issue honestly and openly. He stated no matter what you do there is always
somebody trying to beat the system and he would like to avoid totally eliminating a good
process that works for the town. Further, he stated the purchase card procedures need to
be reviewed. Additionally, he echoed Councilmember Schmidt's comments regarding the
staff vision sessions stating this shows him the commitment of town staff and instills
confidence in what they do for this town.
He stated the town needs to keep working to make Phil Bolen Park happen. He
stated even though it is a county facility it will benefit Leesburg residents because right
now Ida Lee and Freedom Park are at capacity.
Councilmember Martinez stated he was glad to see that the Safe-T-Ride is
extending its hours and asked for Council's endorsement. Further, he stated staff should
look at the Bypass, Edwards Ferry Road and South King Street regarding pedestrian
safety.
Councilmember Martinez stated he had the opportunity to participate in Loudoun
Literacy's event on the courthouse lawn commenting on his belief that literacy is the key
to success,
Councilmember Zoldos stated the town has an obligation to conduct a complete
investigation of both the current issue and the revamped municipal card policies that are
in place. Further, he stated the town should hire an auditor to examine all of the credit
card purchases and expenses charged to the town for the past two years after the
Commonwealth's Attorney has completed his investigation and then disclose the results to
the residents.
Councilmember Zoldos offered his sympathy to the residents who were affected by
the high water. Further, he commended the Police Department, Fire Department, Rescue
Squad, Community Patrol and the Public Works staff who were out and did an outstanding
job today. He stated Interfaith Relief lost two vans and an SUV in the flood this morning.
Councilmember Zoldos stated having been a former Loudoun bus commuter he
understands the need for a park and ride lot. Further, consideration should be given to the
impact of a park and ride lot on nearby neighborhoods.
Councilmember Zoldos stated he also received the letter from Mr. Grove and
echoed Councilmember Schmidt's comments regarding pedestrian safety. Finally, he
stated he would like to put the resolution regarding the Annexation Committee and
discussion of the request from Carter Glass regarding a potential conflict of interest under
new business.
Vice Mayor Jackson expressed his sympathy to the residents who lost their power
due to the storm. He stated the public works staff worked all weekend to clear the streets
for residents. He asked anyone who has suggestions for pedestrian safety improvements
to contact staff or him. Further, he stated his belief that the only thing that would
improve pedestrian safety on the bypass is a $2 million crossover.
Councilmember Buttery stated he was out at 2:30 this morning and saw the wall
that had fallen down on Edwards Ferry Road and noticed later that it was taken care of
promptly. Further, he thanked the rescue and public works crews who came out in the
torrential rain to help residents in need.
Town Council Minutes for September 23, 2003 Page 8
Councilmember Kramer stated the town has been called upon this week and have
stepped up and shown their true grit. There have been a lot of issues and in every one
town staff, the manager and the emergency services have shown that this is a very
special town.
Vice Mayor Jackson stated a representative from ~[nterfaith Relief stated the kitchen
at ~[saac Walton Park does not meet their needs. Further, the representative stated they
are interested in acquiring an old kitchen from Giant Food grocery store and would like to
talk to the Town Manager to see if they can put the kitchen at the park and what it would
cost to hook it up.
]:. I~la¥or'$ Comments
Mayor Umstattd expressed her appreciation to the Loudoun County Emergency
Services staff for setting up crisis calls to determine whether the towns throughout the
county were in need of assistance after the storm. She stated she is very proud of Mr.
Noe who provided the Town of Lovettsville with a tanker of water because they feared
they would be unable to pump water without electricity. Further, she thanked Mr. Buttery
for bringing the issue up some months ago.
Mayor Umstattd stated Chief Price, Captain Moxley and Captain VanGilder and the
entire police department did a superb job during the storms. She thanked Mr. Mason and
his staff stating Friday morning the public works brush chipper was out in Fox Ridge.
Mayor Umstattd thanked Marie Householder and Carol Barbie of the Red Cross for
operating the shelter at Heritage High School during the hurricane. She stated at the
:L0:30 a.m. conference call there were seven residents at the shelter and by 3:00 p.m.
there were 13 or 14. Further, she and Mr. Noe discussed with the county how to be even
more responsive to residents' needs including the potential designation of one site in
Leesburg to be a shelter for the residents in times of need. She stated the Red Cross is
supportive of this.
Mayor Umstattd commended the residents of the Park View Estates community in
Leesburg for their generosity in sharing their generators with other neighbors. Further,
she stated the north end of Pershing and Wilson still did not have power back on as of
Saturday morning and other areas were out for a long time.
Mayor Umstattd thanked Mark Herring for informing her that the floods from last
night's storm had displaced a number of families in Leesburg and again commended the
Red Cross for opening the old fire hall on Loudoun Street as a shelter. She stated that she
visited with the residents at the shelter and thanked Noe for taking the initiative to offer
the residents the opportunity to use the showers at l~da Lee. She stated this is a wonderful
example of community cooperation and is very proud of the community and its residents.
Mayor Umstattd reported on a call she received from a resident of the 800 block of
Wage Drive who was very concerned about the flooding and asked staff to follow up and
determine wheLher anything can be done relevant Lo storm drainage projects to benefit
his community.
IVlayor Umstattd thanked the Loudoun Volunteer Rescue Squad who at 4:00 a.m.
last Monday morning took her daughter to the emergency room on Cornwall Street. She
stated the volunteers were wonderful and very gentle with her daughter. Further, she
Town Council Minutes for September 23, 2003 Paqe 9
thanked Dr. Puccio and the nurses stating the town is lucky to have the facility up and
running.
Mayor Umstattd stated the bypass is a problematic issue and she believes the only
solution is to extend the fence to Edwards Ferry Road. She stated the residents aren't
using Safe-T-Ride even though it is well advertised and runs regularly.
Mayor Umstattd stated the purchase card issue has been hard and she very much
appreciates all of town staff. She thanked Mr. Noe for taking the initiative to get the
information out and for putting Mr. Donnelly in charge of the internal investigation. She
stated Mr. Donnelly has faithfully reported to Council and she has confidence in his ability
to conduct this investigation. Further, she stated if he feels an accountant is needed she
would listen to that carefully, but would like to let him make that decision. Additionally,
she stated the last audit was not thorough and failed to include phone calls, which were
suspected to be personal.
Mayor Umstattd stated Bob Anderson addressed Council last night and she is sure
that he would like council members to use caution and be aware not to interfere with the
criminal investigation. She stated the town does have an obligation to be open the media
and she would like to get as much information out as possible without interfering with the
investigation.
Mayor Umstattd asked Mr. Noe to repeat his comments from the previous night in
his Manager's Report.
I~lanager's Report
Town manager Bob Noe introduced interim Airport Director Cindi Martin.
Mr. Noe asked Mr. Mason to give a report on the flooding that resulted from last
night's storm. Further, he asked Mr. Mason to comment on the closing of RouLe 15 south.
Mr. Mason stated Goose Creek at Route 15 south is over flood stage and various
law enforcement agencies have set up a major detour to try to get traffic from Route 50
on to 15 in Leesburg. He sympathized with the impact on commuters and stated the town
police are working to try to get the best detour route possible. Further, he thanked
Council for their comments regarding the street division, stating they deserve all the credit
and have really done a great job.
Mr. Mason stated overnight the town received 6-8 inches of rain of which nearly
five inches came in a three-hour period, which exceeds a :~00-year rainstorm. He reported
on the flooding of a pumping station at the Waste Water Treatment Plant stating staff
worked quickly to shut down equipment and avoid a malfunction.
Additionally, Mr. Mason stated there was flooding along all major creeks as well as
major street flooding including Clubhouse Drive at South King Street, Harrison Street at
Tuscarora Creek, the cul-de-sac on Old Sycolin Road, Plaza Street at Gateway Drive, Dry
Mill Road at the Town Branch, South King Street at the W&OD Trail and South Street at
Town Branch. He reported that a number of town houses in Brandon had flooding of a foot
or two of water. Further, he stated two vans from ~[nterfaith Relief were washed into the
Town Branch. One was washed into the culverts at Catoctin Circle and was pulled out
down stream along with three trash dumpsters near the bowling alley. Additionally, he
stated the town had an engineer look at the collapsed retaining wall on Edwards Ferry to
Town Council Minutes for September 23, 2003 Page 10
see if it needed to be taken down and how best to stabilize the bank until the homeowner
can decide what to do with that.
Mr. Noe discussed the purchase card investigation concerning Tnformation
Technology Director Michel Agujia. He reported that he has briefed Council and met
numerous times with the Commonwealth's Attorney. Mr. Noe added Town Attorney Bill
Donnelly has played a very key part in the investigation.
He stated the foundation of this town's government is based on openness and
honesty. He stated he has considered asking our auditors, PBG&H of Harrisonburg, to
audit our credit card records, but did not proceed at the request of the Commonwealth's
Attorney. Also at the direction of the Commonwealth's Attorney, he stated he took
personal possession of the credit card records on September 15 and today turned those
records over to Sheriff's Department investigators.
Mr. Noe added that the town has been essentially complying with the
recommendations made by Robinson, Farmer & Cox in 1999. Further, he stated town
procedures are comparable to other jurisdictions and staff is in the process of
determining industry standards for appropriate review and administrative oversight.
He added he has personally reviewed and consulted with staff on whether to
reduce the number of credit cards. Further, he stated relinquishing all purchase cards
would lead to a less efficient operation and a hindrance to business as some vendors
will only accept cash or credit card
Mr. Noe stated the town is distinguished by high caliber employees who are
angry, embarrassed and disappointed by the actions of one. He stated staff is trying
to continue business as normal as possible in this difficult time. Further, he
commended staff on their preparation for Hurricane Isabel.
Mr. Noe added he is confident we will overcome this adversity and maintain
the level of service our citizens are accustomed to.
K. Legislation
CONSENT AGENDA
On a motion by Councilmember Buttery, seconded by Vice Mayor Jackson, the
following consent agenda was proposed:
2003-127
RESOLUTION
Authorizing a new agreement and approving a new performance guarantee and canceling
the current agreement and releasing the current corporate surety bond from Travelers
Casualty and Surety Company of America for Stratford, Landbay E.
2003-128
RESOLUTZON
Authorizing an agreement and approving a performance guarantee and water and sewer
extension permits for Stowers, Phase 2, Section 3.
Town Council Minutes for September 23, 2003 Page 11
2003-129
RESOLUTION
Accepting public improvements, releasing the performance guarantee and approving a
maintenance guarantee for public improvements at Woodlea Manor, Section 6.
The consent agenda was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, $chmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
REGULAR AGENDA
On a motion by Councilmember Zoldos, seconded by Councilmember Buttery, the
following motion was proposed:
2003-130
RESOLUTION
Authorizing a street resurfacing plan for FY 2004
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 Zoldos, seconded by Councilmember Kramer, the
following motion was proposed:
2003-131
RESOLUTION
Authorizing the Town Manager to sign addendum No. 6 with Campbell & Paris Engineers
for professional services for the Master Plan update and amending the fiscal year 2004
Capital Improvements Program for this project.
Councilmember Zoldos asked Cindi Martin to discuss what this does and why we
need to do this.
Ms. Martin stated the master plan update is three years overdue. She stated the
fiscal year capital improvements project budget allocated $150,000 for this project;
however, the actual costs came in much higher than that amount. Under the independent
fee audit, staff feels it is reasonable. Further, the Federal Aviation Administration will fund
90% and the state 8% leaving the town to cover the additional 2%, which will be an
increase of $2,100 over the actual budgeted amount.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
Boards and Commissions
a. Airport Commission - No comment
Town Council Minutes for September 23, 2003 Page 12
b. Thomas Balch Library Commission - No comment
c. Board of Architectural Review - No comment
d. Cable Commission - Councilmember Buttery announced a
commission vacancy and asked that interested citizens please contact him.
e. Economic Development Commission - No comment
f. Environmental Advisory Commission - No comment
g. [nformation Technology Commission - No comment
h. Parks and Recreation Commission - Mayor Umstattd announced a
commission vacancy and asked that interested citizens please contact her.
i. Planning Commission - Mayor Umstattd stated the commission is holding
a Comprehensive Plan visioning session October 4th from 8:30 a.m.- 2:30 p.m. at
the [da Lee Recreation Center.
j. Tree Commission - Councilmember Schmidt stated at the last commission
meeting there was discussion of moving forward with a tree inventory. Because of
budget limitations he suggested moving forward with a section of town, perhaps
the southeast quadrant to incorporate the new trees at Freedom Park. Further, he
stated due to the storms our trees might have taken a hit. Additionally, Council will
have a briefing in October from the Tree Commission and Council action may be
required to support this tree inventory.
k. Standing Residential Traffic Committee - Vice Mayor .lackson stated the
committee may be asking for money at the mid-year budget.
New Business
a. Annexation Committee
Mayor Umstattd read the following resolution into the record:
A RESOLUTION:
AUTHORIZING THE ANNEXATION COMMI1-FEE TO
REOPEN DISCUSSION WITH THE COUNTY OF
LOUDOUN ON ISSUES OF MUTUAL INTEREST
WHEREAS, the Annexation Committee convened on August ::[9, 2003; and
WHEREAS, the Committee concluded unanimously that some issues merit
discussing with Loudoun County; and
WHEREAS, these issues include development of Bolen Park, including
infrastructure issues of roads and utilities and generally the development of areas
in the county around the town.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia that the Annexation Committee is authorized to reopen discussions
with Loudoun County on matters of mutual interest.
Town Council Minutes for September 23, 2003 Paqe 13
PASSED this 23rd day of September 2003.
On a motion by Councilmember Zoldos, seconded by Vice Mayor
Jackson, the motion was proposed.
Mayor Umstattd asked the members of the committee how much staff
time they anticipate would be dedicated to this effort?
Vice Mayor Jackson stated it was his understanding that the committee
would not use the staff unless absolutely necessary.
Councilmember Zoldos stated part of their discussions would concern
business development, but there would be a minimal involvement of town
staff at this point in time.
Councilmember Schmidt stated he would not want to rule out
assistance from staff as needed. He stated one of the major discussion points
is Phil Bolen Park, adding some of the issues could be resolved with a
boundary line adjustment. Further, as staff is needed the committee would
like to call upon them; however, the difficulty is setting up a meeting and a
new board will be elected in November. Tf we can keep the process moving
perhaps we will be in a place to orient the board rather than just waiting for
the board to be elected. Further, he stated there is a need to start the
process, but he doesn't anticipate major activity until after the election.
Councilmember Martinez stated he anticipates minimal need for staff
involvement, but as the process moves forward he expects staff would want
to get involved. Further, he stated he would ultimately leave it up to Mr. Noe.
Councilmember Zoldos encouraged Council to support the resolution.
Councilmember Buttery stated he generally supports the resolution
with regard to the Phil Bolen Park and the larger issues with the Shellhorn
tract. He does not want to open up the whole annexation issue again, but will
support the motion because those areas of mutual interest need to be
discussed.
Mayor Umstattd concurred with Councilmember Buttery. She asked if
the committee anticipates getting into the whole annexation issue?
Vice Mayor Jackson and Councilmember Martinez stated they do not
anticipate opening up those discussions again.
Councilmember Schmidt clarified stating "the whole annexation issue"
would mean the very large area that was previously proposed, and stated
that is not his interest.
2003-132
RESOLUTZON
Authorizing the Annexation Committee to reopen discussions with the County of
Loudoun on issues of mutual interest.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos
Town Council Minutes for September 23, 2003 Paqe 14
and Mayor Umstattd
Nay: None
Vote: 7-0
b. Carter Glass request
Councilmember Zoldos stated per the email from Mr. Donnelly the
decision is whether or not to waive the potential conflict of interest as
requested by Carter Glass. Further, he stated he wanted to bring it to the
attention of Council and place on the next agenda.
c. Closed Session
Mayor Umstattd stated the Town Attorney has requested that Council not go
forward with the special meeting tonight. She asked if any member of Council
wished to go forward?
Councilmember Schmidt suggested that Council meet in closed session
without the Town Attorney to discuss his contract and potential salary adjustment.
Vice Mayor .lackson stated he would like to go into closed session since the
Town Attorney has not had a pay increase in over a year.
Mayor Umstattd asked if Councilmember Schmidt anticipated having a vote
afterwards? Further, she stated as there is nothing on the agenda there would
need to be a two-thirds vote to suspend the rules and go forward and asked if he
anticipates voting on this item tonight or at the next Council meeting?
Councilmember Schmidt stated assuming any increase would be retroactive
delaying the vote would be fine if it is the wish of Council; however, he would
support voting on it tonight.
On a motion by Councilmember Schmidt, seconded by Councilmember
Zoldos the following motion was proposed:
Suspending the rules to vote on a salary increase for the Town Attorney
Councilmember Buttery stated he could not vote to suspend the rules at this
time not knowing what will take place during the discussion in closed session.
The motion failed by the following vote:
Aye: ~lackson, Kramer, Schmidt and Zoldos
Nay: Buttery, Martinez and Mayor Umstattd
Vote: 4-3
Councilmember Zoldos verified the Council meetings scheduled for October
].3th and 14th had been rescheduled due to the holiday.
On a motion by Mayor Umstattd, seconded by Councilmember Zoldos, the
following motion for a closed meeting was proposed:
Pursuant to Sections 2.2-371! (A)(1) of the Code of Virginia, ! 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 was adopted by the following vote:
Town Council Minutes for September 23, 2003 Paqe 15
Aye:
Nay:
Vote:
Buttery, .lackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
None
7-0
Council adjourned in closed session at 9:40 p.m.
Council reconvened at 10:48 p.m. and Councilmember Martinez
proposed the following motion, seconded by Councilmember Buttery.
Tn accordance with Section 2.2-37:~2 (D) of the Code of Virginia, ! 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 !nformation Act and such public business 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, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
Adjournment
The meeting adjourned at 10:50 p.m.
"l~'i~'~C. U~nsta~td~ '
Town of Leesburg
A-I-FEST:
.1: Clerk/min utes/2003_tcmin0923.doc