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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