HomeMy Public PortalAbout2003_11_12COUNCIL MEETING November 12, 2003
Council Chambers, 25 West Market Street, 7:30 p.m. MayorUmstattd presiding.
Councilmernbers Present: Frank Buttery, Melinda Kramer, Mervin Jackson, Marry
Martinez, David Schmidt, Robert Zoldos, and Mayor Kristen Umstattd.
Councilmembers Absent: None
Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly,
Assistant to 'the Town Manager Nicole Ard, Assistant to the Town Manager Kathleen
Leidich, Director of Engineering and Public Works Tom Mason, Director of Planning,
Zoning and Development Susan Swift, Director of Economic Development Betsy
Fields, Capital Projects Administrator Nagi Elsewaissi, Management Intern Alexandra
Shabelski and Assistant to the Clerk of Council Deborah Parry.
AGENDA ITEMS
A. :Znvocation by Vice Mayor .lackson
B. Salute to the Flag was led by Councilmember Buttery
C. Roll Call showing all present
D. Minutes
On a motion by Councilmember Buttery, seconded by Vice Mayor Jackson, the
minutes of the October 15, 2003 regular meeting were approved on a 6-0-:[ vote
(Zoldos abstaining).
On a motion by Vice Mayor Jackson, seconded by Councilmember Martinez,
the minutes of the October 27, 2003 work session were approved on a 7-0 vote.
On a motion by Councilmember Martinez, seconded by Councilmember
Kramer, the minutes of the October 28, 2003 regular meeting were approved on a
7-0 vote.
E. Presentations:
a. Rich Vaaler - Vaaler Real Estate - Old Baptist Church property
Mr. Vaaler stated this property has recently been listed for
$3,350,000. He stated the building has been fully renovated,
wired with fiber optics and has won architectural awards for its design.
Mr. Vaaler stated the property is currently 50 percent occupied by the
owner who rented the additional space to a variety of other tenants who
are on short-term leases.
Mayor Umstattd asked the usable square footage inside?
Mr. Vaaler stated the size is around :[0,000 square feet.
Councilmember Kramer asked how many parking spaces would come
with the building?
Town Council minutes for November 12, 2003 Page 2
Mr. Vaaler stated there are about 10-12 spaces.
F, Petitioners
3im Clem, 430 West Market Street, thanked the public for electing him to the
Loudoun County Board of Supervisors. Mr. Clem stated that he is familiar with the
issues facing Leesburg and he looks forward to working with the Leesburg Town
Council and staff.
.lim Haynes, 602 Lasswell Court, outlined some of the problems faced by the
Leesburg Executive Airport during the past year including air space restrictions,
weather, and the terminal building construction. He discussed Aviation Adventures
interest in opening a flight school at the airport and urged Council to table their lease
until a business plan can be developed for the airport. Further, he stated it is
important to appoint a permanent airport director as soon as possible.
Mr. Haynes introduced former U.S. Congressmen Jim Coyne, President of the
National Air Transportation Association.
Jim Coyne, McLean, VA, congratulated the town for its airport stating
Leesburg Executive Airport is one of the finest general aviation airports in the
country. He stated the existence of aviation business at airports is important;
however, Council should not feel pressured to expand the number of businesses too
quickly. He urged Council to complete a business plan before expanding.
Ken Reid, 607 Talmadge Court, urged citizens to attend the Virginia
Department of Transportation public hearing on November 13 at 7:00 p.m. at
Oakton High School. He stated it is important for the citizens to speak to VDOT
representatives regarding the transportation needs of the town.
Anthony Stasio, 822 Catoctin Circle, addressed Council asking that Catoctin
Circle be opened. He thanked Mayor Umstattd for her visit to his neighborhood after
the tornados and the Public Works Department for their quick response to clean up
the streets.
Don Robb, Av/Ed Flight School, asked Council to defer their decision to
approve a lease for the Aviation Adventures Flight School until a business plan can
be developed for the Leesburg Executive Airport.
Mark Peters, Blue Sky Aviation, asked Council to defer their decision on the
lease for Aviation Adventures. He stated his concern with the lack of office space
available in the new terminal building.
Rich Vaaler, 218 Wirt Street, addressed Council regarding his positive
experiences with Av/Ed Flight School. He questioned the need for another flight
school at the Leesburg Executive Airport.
Sandy Kane, 815 Kenneth Place, outlined the Environmental Advisory
Commission's concerns with the proposed Brother's Concrete business just south of
Leesburg. She reported that she had attended a Loudoun County Board of
Supervisors committee meeting on this issue. Further, she thanked Supervisor Mark
Herring for his support.
Town Council minutes for November :[2, 2003 Page 3
Lyman Eddy, Elijah Gate Church, stated his support for the recommended
Harrison Street improvements project.
Vice-Mayor Jackson stated the Residential Traffic Committee will be discussing
the issue of speeding on Harrison Street as well as a potential three-way stop at
Harrison Street and North Street at their next meeting.
Steve Axeman, 22:[ Rosemeade Place, urged Council to vote on the lease for
the Aviation Adventures Flight School without further delay. He stated Av/Ed is a
wonderful flight school; however, the town should not interfere with the free market
system.
Councilmember Martinez asked if there are any conflicts with space for the
businesses in the new terminal building?
Cindi Martin stated there are currently three business that will be located in
the new terminal and there are still three sets of offices available for new businesses.
Sid Lissner., 208 Brown's Meadow Court, stated the Airport Commission voted
unanimously to forward the lease for Aviation Adventures to the Council and urged
Council to vote on this lease without further delay.
Bob Hepp, Aviation Adventures, addressed Council regarding his company's
desire to open a flight school at the Leesburg Executive Airport. He stated he has
been working with the airport to agree on a lease since .~une and has been
overwhelmed by the support that he has received.
Bob Sevila., Sevila, Saunders, Huddleston and White, urged Council to vote on
the Aviation Adventures lease. He stated it could potentially be years before the
airport could develop a business plan. Further, he stressed that this lease would
only be for one year.
Malcolm Teas, 709 Donaldson Street, addressed Council regarding his positive
experiences with the Av/Ed flight school. He stated it is important and healthy to
encourage competition in business and urged Council to vote on the Aviation
Adventures lease.
G. Public Hearing
None
H. Council Comments
Councilmember Schmidt congratulated all the participants of the recent
elections stating he hopes that the relations between the town and county can be
improved. Further, he stated his disappointment with voter turnout stating only
30% of registered voters participated.
Councilmember Schmidt commented on the weekend parking issue at
Simpson Middle School and Evergreen Mill Elementary due to the number of athletic
activities. He added Freedom Park is not open to accommodate the parking needs.
He stated he has been informed that the gates are locked due to security issues and
asked that the town be more flexible and provide parking at Freedom Park during
daylight hours when there are games at Simpson Middle School.
Town Council minutes for November 12, 2003 Page 4
Councilmember Schmidt thanked all of the residents who have expressed
their opinions regarding the Westpark park and ride lot. He stated there seems to be
a lot of misinformation among the residents. He added the county has not filed the
proper paperwork with the town for Council to even vote on the issue. He asked that
staff prepare a resolution for the next Council meeting to clarify the town's position
on this issue.
Councilmember Schmidt stated his concern that the two airport lease items,
which were on the worksession agenda as preview items, are being brought forward
for a vote tonight. He stated Council has not had the proper review or the time to
consider all of the information in order to vote on these items tonight. He asked that
a vote be delayed.
Councilmember Martinez thanked the Public Works Department for
responding quickly to the needs of the residents after the recent tornados. He stated
the fire chief and his crew were also out assisting residents in covering up damaged
portions of their homes. Further, he congratulated the winners of the recent
elections and stated his disappointment in the Iow voter turnout.
Councilmember Martinez stated his support for voting on the airport leases
tonight.
Councilmember Zoldos thanked the Public Works Department for their
outstanding effort after the tornados. He asked Mr. Noe to report to Council on the
status of the vacant Airport Director position. Further, he congratulated all of the
participants of the recent elections.
Councilmember Zoldos asked Council to consider the purchase of the old
Baptist Church property at 5 & 7 Wirt Street and asked that discussion of this be
placed on the next work session.
He stated he attended the dedication of Frances Hazel Reid Elementary and
thanked the Loudoun County School Board and Reid Principal Lisbeth Fye.
Vice Mayor Jackson had no comments.
Councilmember Buttery recognized Nagi Elsewaissi stating that he receives
numerous compliments on Mr. Elsewaissi's professionalism and demeanor.
Councilmember Kramer thanked Supervisors Mark Herring, Eleanore Towe
and Sally Kurtz for allowing her and other staff members to speak at their committee
meeting regarding Brother's Concrete. She stated the tornados affected her
neighborhood and thanked the street crew and the fire department for their
assistance.
Councilmember Kramer reported that the Balch Library will hold their Historic
Event on November 16th at :~:00 p.m. to honor some of our citizens. Further, she
stated Frances Hazel Reid is a wonderful elementary school and the principal, Mrs.
Fye, has been doing a wonderful job.
Mayor's Comments
Mayor Umstattd stated she and Councilmember Buttery attended the Loudoun
Border Guards' Veterans' Day ceremony at the Old Tzaak Walton Park on Sunday and
Town Council minutes for November 12, 2003 Page 5
thanked Mr. and Mrs. Quinn for their work with the children. She also reported on
the Veterans' Day program at Catoctin Elementary School and thanked all the
children who participated.
Mayor Umstattd asked staff to provide a report at the next worksession on
why the town no longer provides free access to :[da Lee for volunteer firefighters and
on the town's policy which requires residents to drag downed trees to the curb
before the town staff can pick them up.
Mayor Umstattd complimented the Public Works Department and the fire
company for their efforts in assisting residents after the recent tornados.
.1. Manager's Report
Bob Noe stated the National Weather Service has confirmed that there were
two small tornados in the town during the recent storm. He stated there have been
face to face interviews with candidates for the Airport Director position, however, he
is not ready to report on those as of yet. Further, Mr. Noe recognized Sam
Ngarmkham, a Utility Department employee, who recently received his U.S.
citizenship.
CONSENT AGENDA
On a motion by Councilmember Martinez, seconded by Councilmember
Buttery, the following consent agenda was proposed:
2003-149
RE$OLUTTON
Accepting public improvements, releasing the performance guarantee and approving
a maintenance guarantee for public improvements at Kincaid Forest, Section 5.
The consent agenda was approved by the following vote:
Aye: Buttery, .Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor
Umstattd
Nay: None
Vote: 7-0
REGULAR AGENDA
On a motion by Vice Mayor Jackson, seconded by Councilmember Kramer, the
following motion was proposed:
2003-150
RESOLUTTON
Making an appointment to the 9/11 Recovery EDA Grant-Funded Airport Gateway
Project - Marry Martinez.
The motion was approved by the following vote:
Aye: Buttery, .lackson, Kramer, Martinez, Schmidt, Zoldos and Mayor
Umstattd
Nay: None
Vote: 7-0
On a motion by Vice Mayor .]ackson, seconded by Councilmember Martinez,
the following amended resolution was proposed:
Town Council minutes for November 12, 2003 Page 6
2003-151
RESOLUTTON
Approving SE 2003-03 Mobil Car Wash, 1017 Edwards Ferry Road, N.E., to permit a
single-lane car wash addition to an existing service station.
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
Kramer, the following motion was proposed:
2003-152
RE$OLUT]:ON
Authorizing a one-year contract with Davenport & Company, LLC, on an emergency
basis for cash flow management and additional general financial advisory services.
The motion was approved by a roll call vote as follows:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
Councilmember Buttery asked if his concerns expressed at the worksession
had been addressed?
The Town Attorney, Bill Donnelly, stated they had.
On a motion by Councilmember IVlartinez, seconded by Councilmember
Kramer, the following motion was proposed:
2003-153
RESOLUTTON
Adopting a 2004 Legislative Program.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
Nicole Ard stated a request for funding for park and ride lots has been added
as number two on the legislative program.
On a motion by Councilmember $chmidt, seconded by Councilmember
Zoldos, the following motion was proposed:
Town Council minutes for November 12, 2003 Page 7
2003-:~54
RESOLUTZON
Approving the Harrison Street Project Design to include a roadway width of 26-feet
with no on-street parking, brick sidewalks on both sides of the street, and asphalt
imprinted crosswalks on Harrison Street at Edwards Ferry Road and at North Street.
Councilmember Schmidt stated he would like to amend the resolution to state
that Council directs staff to install the acorn-style streetlights.
Tom Mason stated he would like to have time to evaluate the potential
installation of acorn-style streetlights. He stated there would be the added cost of
the streetlights as well as an additional cost to widen the sidewalks to accommodate
the lights.
Councilmember Martinez asked if Council could be guaranteed that the acorn-
style streetlights would not exceed $25,000?
Mr. Mason stated he could not guarantee the cost until the project is
evaluated with the acorn-style streetlights.
Councilmember Martinez stated he would support the acorn-style streetlights
if he could be assured that they would fit into the budget.
Councilmember Schmidt suggested amending the language to instruct staff to
evaluate the use of acorn-style streetlights for the project and then report back to
Council before the streetlights were installed.
Council accepted the friendly amendment.
Councilmember Buttery asked if it was permissible to state in the resolution
that parking would be prohibited "except on Sundays for church parking"?
Mr. Mason stated it may be better to strike the words "for church parking"
from the resolution.
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 Mayor Umstattd, the
following motion was proposed:
RESOLUTION
Authorizing the lease agreement by and between Av-Ed Flight School, Thc. and the
Town of Leesburg for the Leesburg Executive Airport.
Councilmember Schmidt, seconded by Councilmember Buttery, proposed a
motion to table this resolution.
Town Council minutes for November 12, 2003 Page 8
The motion to table was adopted by the following vote:
Aye.' Buttery, Jackson, Schmidt and Zoldos
Nay: Kramer, Martinez and Mayor Umstattd
Vote: 4-3
Councilmember Buttery stated he would like this item placed on the agenda
for the November 24 worksession with the understanding that Council could choose
to vote on it at the November 25 meeting or the December 9 meeting.
On a motion by Councilmember Martinez, seconded by Mayor Umstattd, the
following motion was proposed:
RESOLUTION
Authorizing the lease agreement by and between Aviation Adventures, LLC, and the
Town of Leesburg for the Leesburg Executive Airport.
Councilmember Schmidt, seconded by Councilmember Buttery, proposed a
motion to table this resolution.
The motion to table adopted by the following vote:
Aye: Buttery, Jackson, Schmidt and Zoldos
Nay: Kramer, Martinezand MayorUmstattd
Vote: 4-3
Councilmember Buttery stated he would like this item placed on the agenda
for the November 24 worksession with the understanding that Council could choose
to vote on it at the November 25 meeting or the December 9 meeting.
Boards and Commissions
a. Airport Commission - Councilmember Zoldos stated the next
commission meeting is November 18 at 7:30 p.m, in the BP/Amoco room.
b, Thomas Balch Library Commission - No comment
c. Board of Architectural Review - No comment
d. Cable Television Advisory Commission - No comment
e. Economic Development Commission - No comment
f. Environmental Advisory Commission - No comment
g. Information Technology Commission - No comment
Parks and Recreation Commission - Councilmember Martinez stated
the commission is evaluating the suspension of free access to ]~da Lee for
Leesbu rg's vol u nteer fi refig hte rs.
Planning Commission - Mayor Umstattd stated Jim Clem will be
vacating his seat on the commission in January and asked any citizens
interested in serving on the commission contact her.
j. Tree Commission - No comment
Town Council minutes for November 12, 2003 Page 9
k. Standing Residential Traffic Committee -Vice Mayor Jackson stated
the committee will be asking for traffic calming funds in the mid-year budget.
New Business
a. Closed Meeting to discuss the Town Manager's Evaluation
On a motion by Mayor Umstattd, seconded by Councilmember Zoldos
the following motion was proposed:
Pursuant to Section 2.2-37:11(A)(1) of the Code of Virginia, I move that the
Leesburg Town Council convene in a closed meeting to consider a personnel
matter, specifically the annual performance evaluation of the Town Manager.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
Council convened in closed session at 9:39 p.m.
Council reconvened in open session and the following motion was
proposed by lVlayor Umstattd, seconded by Councilmember Buttery:
In accordance with Section 2.2-37:12(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 :Information Act and such personnel matters as were
identified in the motion by which the closed meeting was convened were
heard, discussed or considered in the meeting by Council.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Zoldos and
Mayor Umstattd
Nay: None
Vote: 6-0-1 (Schmidt absent)
Adjournment
The meeting adjourned at :11:30 p.m.
ATTEST:
l/erk of Council
Minutes:2003_tcminl112.doc
Town of Leesburg