HomeMy Public PortalAbout1989_03_14 233•MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL
March 14, 1989
A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10
Loudoun Street, S.W., Leesburg, Virginia on March 14, 1989 at 7:30 p.m. The meeting was called to
order by the Mayor, with the invocation given by Councilmember Tolbert and the Salute to the Flag
by Councilmember Lovin. Present were: Mayor Robert E. Sevila, Councilmembers James E. Clem,
Christine M. Forester, Claxton E. Levi, William P. Mulokey and John W. Tolbert, Jr. Absent was
Councilmember Donald A. Kimball Also present were:Town Manger Jeffrey H. Minor, Assistant Town
Manager Steve Brown, Director of Engineering and Public Works Thomas A. Mason, Assistant Director
of Planning, Zoning and Development Jay A. Hicks, Director of Utilities Randolph W. Shoemaker,
Director of Finance Paul York, and Deputy Town Attorney Deborah Welsh. Planning Commissioners
present were: Belles, Jackson, Gheen and Johnson.
Petitioners
Mayor Sevila presented a Certificate of Appreciation to McLean Pumphrey for serving 2 1/2
years on the town's Board of Architectural Review. The town appreciates Mrs. Pumphrey's time and
contributions to the board. Mrs. Pumphrey stated that she was greatful for having the opportunity
to serve on the board.
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Mayor Sevila read the following Resolution of Respect:
RESOLUTION OF RESPECT
WHEREAS, George N. (Pete) Fleming, former United States Government employee and well-
known resident of Leesburg, died at Loudoun Hospital Center on February 27, 1989; and
WHEREAS, Mr. Fleming was active in various church, civic and service organizations in
Loudoun County and Leesburg
THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of
Leesburg do extend their sympathy to this family and to all who knew him; and
BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of
this meeting and that a copy be sent to his wife and children.
PUBLIC HEARING . 1990 - 1994 CAPITAL IMPROVEMENTS PROGRAM
Mr. Minor stated for the public, that there are executive summaries of the CIP available. The
CIP has been reviewed by the P1i ening Commission and has been favorably reported to the Council.
This is the first and only scheduled public hearing for the CIP. This is a$102 million capital program
for the five year period. The program is developed by including projects shown in the Town Plan,
Utility master plans, as well as incorporates citizen and Council requests. The CIP is an incremental
Program.
A breakdown of the CIP is as follows: General Fund projects total $34 million, Airport Fund
projects total $5.2 million (local share is 5%), Utility Fund projects total $83 million. As in the past,
the bulk of the projects, continue to be in the Utility Fund. Some of the highlights for the CIP are;
completion of the new government center/downtown parking complex, Ida Lee Park recreation center,
Phase VI storm drainage improvement project, acquisition of Dodona Manor, a $53 million project
consisting of a 2.5 MGD expansion/upgrade of the wastewater treatment plant, an expansion of the
town's water treatment plant and the four-laning of the Rc'te ].5 bypaca.
Mr. Shoemakerighliigh_ted for the Council, the major projects included in the its87 Water and
Sewer Master Plan. A nnmha. of wpfar lima n n1aMo ham' '-pn. '!ut µ.., /'•T. fr.r t, ,, r:=1“--7
Club area, Dry Mill Road area up to Market Street,which will create a western pressure zone. These
line system improvements will increase pressures in the Normandy Village and Porridge area, and total
approximately $1.4 million.
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The major capital project for the sewer system is the expansion of the wastewater treatment
plant. In addition to this, there are three projects identified in the CIP, which includes a sewer
interceptor on Church and South Street, replacement/upgrade of the sewer lines along Market Street
and Dry Mill Road •
Frank Raflo, addressed the Council, stating that all of the projects in the CIP are presented as
"things that citizens want and need". Mr. Raflo's chief concern is with cost and the continuing ability
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to pay for them. He questioned how much of the 30% increase in the real estate tax base will be new
construction. How much of it will come from reassessment A constant tax rate and a continuing
upward meat can only mean an ever-increasing tax bill for businesses and homeowners
will happen if the tax base increase slows down or stops? Will it be possible toWhat
payments at the same level? Where will the town get the moneyto adjust the debt townehave
a worst case scenario? If the pay the bank. Does have
increases in revenue do not materialize as projected, will the answers to
pay the encumbered bills and the debt service, be
There is obviously no foreseeable legalreal property ydttional taxes and debt ratio is fees?
positive. The approximate limit to the town's ability to borrow. It's is very
$50 million expenditure for wastewater treatment is the
to be dealt with. The question now, is the quality and size of the plant. The quality capitalbe item
decision of the state, but whether the size of the plant can ber seems to the
expenditure may or may not be an issue for debate. He said that all regulated these questions the $50
are not meant to be derogatory of what staff has presented in the CIP, but feels that in talking with
the public, that there is not a general understanding of the magnitude of the problem, which the
Council faces. The public should know what the town is faced with, and what the possible costs may
be.
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Janet Perry a Loudoun Street resident, addressed the Council with concerns of drainage
improvements that are needed on Loudoun Street. She explained of the standing •
her property each time it rains. She also noted that her neighbors have this same rob er pexblem, on
the standing water is inside their homes. She hopesP m except that
that this problem is addressed very soon.
Irene Bomc a Loudoun Street resident, addressed the Council explaining that it is her home
that the water comes into, and stands as deep as her bacteboards. She explained that town staff asked
her to install a drainage ditch in her yard and that staff would take care of the street area She paid
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someone to dig a drainage ditch in her yard, that led to the street. No action was taken by the town,
in the street area.- She understands that the project is included in the CIP for 1994, and noted that
this would not help her, now.
Mr. Minor stated that this project has been identified previously by the Council and perhaps
Council may wish to move fup. Mr. Mason stated that staff has been out to the scene on several
occasions and have done some regrading work at the street. The problem is with the
the street. The pipes are too small and not set low enough to take the drainagepipesystem in
from ere yard. Until
the drainage system for the entire street is replaced and curb and gutter is installed, there is not much
more that the town can do. ?here are
probably six to eight homes along [sere, with
:;uo co three of then receiving the worst problems.
lir. Jahn ?iou_oiu: restored one home and when he did
'Jas noted t;:a't ; ; wassome refinancing, it
. - in a flood plain. There is a complete :13.7.4 heating ;,,
that was not designed to sit in a puddle of water. given in relatively a.
storm, it is bad He would appreciate it if something more can be done as soon
as
2!r. :.ubbard turner, of 1107 3radfield Drive
earlier , thanked 'Or. Raflo for his
presentation - he voiced a lot of his :-on^erns . a
comfortable with some of t1-,_s growth that Ls gong n and t^':t aaall ullathe se heavy capi-
tal improvements . ;Trio is going to survive thtsl lair?? c.'ha` :.il: it, be
years? Leesburg is a nice ten
town, he .9oesn' t knof if he can afford to live here.
me hone he used to own in 1972 has no public sewer and the taxesa.re
in excess
of ;12,0•?G a year. Dc we want to see something' like
Lie nave to take a lard loo:: and assign this justhutan pp Leesburg?
� prior ties and not support =:,e de-
velopment community. It will have tofair
Pa}' its sear_. What is this debt
service going to do to the citizens of Leesburg? The Wastewater Treatment Plant
has a proven impact . Right now it dumps into Goose Creek and in turn dumps into
the Potomac. He doesn' t think we can expect anything other than more severe lim-
its . :ie will have to make more rigid standards? What are we going to do about it? ,
The Town- i,s- trying very-hai:d:.to ..plan for:the future. Right now it is basically open
farm land. The citizens will be saddled with a tremendous debt load. How are we _
going to support all this growth? The only way we can do this is to raise taxes.
Reavis Soroull said God created a Garden of Eden in this County. One of the mem-
aers of the Environmental Advisory Commission commented three years ago about how badly
we are changing the topography with all the shopping centers, etc. that are going up
in drainage ditches (speaking of Bellewood Commons) . Where is the water -
that now? He got a land going from
shock when he found this won't percolate. remember that
things are kept in balance in God 's creation - we even have fundamental laws which
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Minutes of March 14, 1989
pursue this. Remember to think of these principles in terms of proper balance,
keeping what we consider an outlet for our community along the way in order to
get rich quick. These two things don' t always fit together. A,great many
people have moved to this County because of the lifestyle and that it is a
beautiful area. The water ran free to all pools. We are destroying it for
people who are here if we make mistakes in our decisions. :
The public hearing was closed. Mayor Sevila invitedthe public here and not
here to submit written comments on this for ten days. It is very important that
they hear from the public and comments are taken seriously, by all of them. This
and the CIP are two of the most important things they decide on. This is an
important part of government when the people show up and tell them the problems
they have. The budget will be considered at 7:30 p.m. on Wednesday, March 22nd.
PUBLIC HEARING ON REZONING ZM-.105 - Town of Leesburg (McKimmey Feed)
Mr. Minor explained that this is a rezoning of the Mckimmey Feed property
that has been in that location on South Street, for about six years or so. The
proposal is to rezone the property to B-1 (about 1.3 acres of land) . The history
on this property is that several months ago Council initiated this rezoning.
Since that time, it was recommended by staff that it be rezoned to B-1, which was
a more appropriate designation. The Planning Commission held a hearing and its
recommendation was not to rezone to that district at this time.
It is his recommendation to follow Council' s action - on two separate occa--
N sions he has initiated rezoning of this property. It was reported out and re-
i1. ferredirom comprehensive rezoning to B-1 classification. They believe it is al •
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�, ready only a couple of months difference whenever Council begins to reconsider
iG that comprehensive rezoning as to when they act on this. The basic reason was
that Planning Commission believed that Council' s statement, initiated piece-meal
rezoning. B-2 is more intense and B-1 less intense in terms of uses in B cate-
gories, there are some that could be approved. There are inappropriate uses in
B-1. They felt this was consistent with the Town Plan, which says this area tran-
sitions from "industrial" area to a "retirement" area, supporting the revitaliza-
tion of the Harrison Street corridor. This has received Town and HUD funding in
the past. We turned this property around with;major Federal investment. We
built a good road, gave permanent access to Perry Engineering. We built a small
park and ended up with Market Station. South Street parking was funded and Mar-
ket Street also. All of these things that we see as definite, so there can be a
better Leesburg. That area is not appropriate for a mill operation any more.
Dan Travostino, representing Joe Ritenour, . supported the rezoning of
this property to less intensive B-1 use. It is with Town' s B-1 plan. Under cur-
rent M-1, there are permitted uses which include manufacturing, welding shop, body
shop, etc.', which are not clearly debatablh and residential properties in the area.
It has been reviewed by Town Staff and the Planning Commission and there have been
no objections or any complaints that it is not in harmony with this area. He asked
for a vote without any significant delay. This comprehensive zoning may involve
some issues before this Council and may take some time to resolve. all of these is-
sues. There are no real reasons for delay at this time. There ,are 'many users that
would be served by the proposed health club. These users will• benefit from the use
and the community will benefit as well. Loudoun Ballet School will use this
property once rezoning is approved and the ,owner commences to operate the project.
Aerobic dance classes, karate and other programs will benefit from this project .
The owner will benefit as well in that there will be reduceaisetbacks, allowing him
to expand the facility (this is entirely in keeping with B-1 zoning. ) This is
such a perfect use for this property. He asked. that it proceed forth.
Mr. Mulokey asked if it is necessary to get the rezoning to go ahead with the
health club? Mr. Travostino said it would be necessary tothave racquetball courts
to be built and open within the next few months. Mr. Minor[sid there is a valid
request utlore cne BLA. 'finis will netp the contract owner CO' oe aole to expand
on the lot. Jay Hicks said there are no setbacks 'in B-1 - the Town thought the
rezoning was a problem. Mr. Minor said there was not a very 'positive objection.
Jay Hicks said the request was deferred. Mr. Clem asked if Mr. Ritenour is still
the contract purchaser? The answer was Yes. ` Mayor Sevila felt this was sort of
irrelevant.
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Minutes of March 14, 1989
Ken Butterfield, proposed General Manager of the Downtown Fitness Center, briefed the
Council on some of the activities that the health club has planned. He stated that there will be several
community-minded projects, an attractive fitness dub that will be family oriented to serve everyone's
needs. The club will house the Loudoun School of Ballet, the Sky Dragon Karate School, aerobic
programs, senior citizen programs and a program for Downs Syndrome children. He read a letter
written by Ms. Sheila Hoffman Robinson, Director of the Loudoun School of Ballet. It reads as follows:
I have enjoyed teaching in Loudoun County-for 12 years. The purpose for this letter is to
express my intention of tnarhing dance as well as rehearsals for our dance companies, at the Downtown
Fitness Club. I feel the location of the dub is ideal and will be a benefit to Leesburg, as well as the
performing arts community in Loudoun County. The well-rounded facility can only benefit the
community. Signed Sheila Hoffman Robinson.
Mr., Butterfield feels that once the club has been established, it will be a proud point for
Leesburg.
Mayor Sevila asked if it was the contract owner's plan to demolish the warehouse and replace
it with a new structure, or to add on to the existing structtire. Mr. Butterfield responded by stating
the owner will add on to the existing structure.
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Tim Shanley addressed the Council stating that he has two children, that have Downs
Syndrome. Their learning capacity is somewhat off from normal children and they have poor muscle
tone. The two months that they have been working with Mr. Butterfield,rfilld they ,ave shown a
significant improvement in muscle tone. This program could really expand, ifgiven more -
room. The area that Mr. Butterfield plans to expand for this use will not deter structurally from town
plans, and would not impinge upon any other facilities.
Mike O'Meara a resident of Leesburg, spoke on Mr. Butterfield's behalf by stating that he works
at Market Station and physical fitness has been a apart of his life for a number of years. Convenience
is very important. To have a fitness center in the downtown area would be a real asset for the
community. He would like to see the application approved.
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Mr. Lloyd Beaver a resident of Leesburg addressed the Council stating that having the fitness
center located here is not a proper place, due to the noisene
ge rated by the aerobic�laeses. He is also
concerned with parking that will be generated by the club. He noted a petition
signed by twelve
individuals and asks
Council to give this application serious consideration.
Mr. Butterfielde
agr ed with Mr. Beaver, regarding the noise from the aerobic classes being held
in the garage. He explained that it was summer time and.there was no air conditioning, so the doors
had to be opened.
The public hearing was closed. The Mayor said the Council will receive 'public comment in
writing for a period of ten days. On motion of Mr. Tolbert, seconded by Mr. Luvin, this item was
referred to the Planning and Zoning Committee meeting of March.22, 1989, foi• further(discussion and
consideration.
Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
Councilmember Comments
Mr. Mulokey stated that he was impressed by the number and quality of people who responded
to the Planning Commission and BAR appointments. He was encouraged by the fact that they were
both long term residents and new members of the community.
In regards to the wastewater treatment plant upgrade/expansion, Mr. Mulokey stated that State
_ Water C'nntrnl Rnarri is anfnw,:nn +l.e ..,e.".h,e... ,.0 a1,., t,,. t.s„ bluy a
far beyond what is necessary. We have the equivalent of the "gold plating' that the Department of
Defense has been accused of, occurring in our own state and local government! He believes that it is
incumbent of the citizens to make sure that the public is as aware of this gold plating as it has been
made aware of the gold plating that the Department of Defense has been accused of.
Mr. Lovin adds his appreciation to McLean Pumphrey for her service to the BAR.
Mr. Clem reported on the Airport Commission meeting, stating that Jim Haynes reported that
the construction on the new jet hangar is well underway. Security is still a problem, with cars driving
onto the runways. Ice removal is also a major problem, it cannot be removed by the town's snow
removal team and chemicals cannot be used around aircraft. Bill Wilke briefed the commission on the
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Minutes of March 14, 1989
master plan, which is also on schedule.
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Mrs. Forester echoed Mr. Mulokey's comments regarding the applicants for the Planning
Commission and BAR vacancies.
Mr. Tolbert had no comments.
Manager's Report '
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Mr. Minor noted that Council did receive a written copy of the Act vitt' Report on Monday.
He stated that under the town's bid document for the municipal government center and parking -
complex, and purchasing policies, the architect and engineering'and construction mmanagement personnel
are charged with evaluating the bidders in terms of a number of things. P in arily the ability, capacity
and akin of the bidder to perform the contract in a time specified without delay or interference,
reputation, experience,judgement and efficiency of the bidder; the quality of performance of previous
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contracts and the sufficiency of the financial resources and the ability of the bidder to perform the
contract. Mr. York under Section 8.1-14 and 10.3 of the purchasing policies Was!declared the apparent
low bidder, Doyle Incorporated as a non-responsible firm, with respect to the town's$10 million project.
Doyle Incorporated has ten days in which to appeal to the manager's office. i
titLegislation i I
Ct
nl On motion of Mr. Cle
b . m seconded by Mr. Tolbert, the following ordinance and resolutions were
proposed as consent items and unanimously adopted.
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89-0-6 - ORDINANCE - AMENDING SECTION 10-162 OF THE TOWN CODE:TO INCREASE THE
COMPROMISE FIND FOR PARKING VIOLATIONS •
WHEREAS, the compromise find for parking violations has not been
changed since July 25,
1984; and
WHEREAS, the current compromise fine no longer presents a deterrent to violators; and
WHEREAS, increased compromise finds should encourage adherence ti'the parking ordinance:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 10-162(a) of the Town Code is hereby amended Ito read as follows:
Section 10-162. Settlement and compromise of charges for certain parking violations.
(a) Any person accused of parking in a metered area without putting a coin in the
meter to cover the required time may settle and compromise the charge against him for such illegal
parking by inserting $3.00 in the envelope provided for such purpose and depositing'the same at such
location as prescribed on said envelope by 12:00 noon of the next calendar day following the day of the
violation or by paying to the town the sum of$7.50 before the second district court date from the day
of violation, which court dates are on the first and third Mondays of each month at 2:00 p.m.
After the second court date from the day of violation has
remains unsettled, the passed end the violation
person accused may settle the violation by paying the sum of$ 0.00 to the town.
Unless otherwise provided, violations of,.any provision of this chapter may be
compromised by paying to the town the sum of$7<59 $10.00 before the second district court date from
the day of violation, which dates are on the first and third Mondays of ezzh month at 2:00 p.m.
Violations of subsection 10-150(a)(4), subsection 10-150(a)(10) and Section 10-152.2! herein, may be
compromised in an identical manner upon payment of the sum of$25.00 to the town.
.RF,('.'I`f(1N 11. All ..-in. rndina..r.+y �..a -,.....�..._..__
SECTION III. This ordinance shall be effective upon its passage.
89-49 - RESOLUTION - ENDORSING STAFF COMMENTS ON THE NORTHERN VIRGINIA SUB-
REGIONAL TRANSPORTATION PLAN
WHEREAS, on September 17, 1987, Governor Baliles directed that the State Secretary of
Transportation and Public Safety and the Commissioner of the Department of Transportation meet
Virginia in Northern with the mayors, board chairs, and principal local and regional
transportation staff to produce a detailed, official transportation plan and map 'for the area; and
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Minutes of March 14, 1989
WHEREAS, the Town of Leesburg is included in this sub-regional area and has fully
participated in the development of the Northern Virginia Sub-Regional Transportation Plan from its
commencement; and
WHEREAS, all current locally adopted transportation plans for 2010 ale intended to be included
in the recommended plan and the recommended plan map; and
WHEREAS, the Town of Leesburg staff has provided the Virginia Department of Transportation
and its support staff, the Metropolitan Washington Council of Governments with Leesburg's adopted
Town Plan Transportation Policy Map and other important transportation planning documents; and
WHEREAS, the updated Northern Virginia 2010 Transportation Plan recommended plan and
map dated January 27; 1989, does not incorporate or reflect several important road alignments,
intersections, and improvements as adopted by the Leesburg Town Plan, 1986,,as amended; and
WHEREAS, the Virginia Department of Transportation has solicited comments concerning the
recommended plan and map from the Town of Leesburg and other participating local governments prior
to our endorsement of the plan; and
WHEREAS, the accurate incorporation and reflection of the Town's proposed new road
alignments, intersections, and improvements as well as the estimated costs of such facilities is vital to
the Town of Leesburg's requested endorsement of the Northern Virginia Sub-Regional Transportation
Plan, as well as the Town's continued participation in the refinement of the recommended plan: .
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
This Council endorses the attached letter to Ms. Carolyn Hyland Zeller at ViI ginia Department
of Transportation, dated March 6, 1989, concerning the Town's requested revisions/additions to the
recommended plan and map of the Northern Virginia Sub-Regional Plan.
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89-50 - RESOLUTION- REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO
ACCEPT CERTAIN STREETS
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
That the Virginia Department of Transportation is requested to accept into the Virginia
Department of Highways arterial and secondary system 0.32 lane miles of Heritage Way, N.E.; 1.28 lane
miles of Battlefield Parkway, N.E., (west cul-de-sac); 0.20 lane miles of Fieldstone Drive, N.E.; 0.52 lane
miles of Route 15 Bypass 4-lane addition at Battlefield Parkway, N.E.; 0.88 lane miles of Battlefield
Parkway, N.E. at Potomac Crossing, Section 1I; 0.28 lane miles of Oakview Drive, S.E.; 0.14 lane miles
of Harrison Street, S.E.; 0.42 lane miles of Gateway Drive, S.E. from Sycolin Road to Harrison Street;
0.40 lane miles of GAteway Drive, S.E. from Harrison Street to cul-de-sac; 0.28 lane miles of Deerpath
Avenue, S.W.; 0.12 lane miles of Rockbridge Drive, S.W., as listed on the accompanying Form U-1, in
accordance with the requirements of Section 33.1-43 of the Code of Virginia, 1950, i amended.
89-51 - RESOLUTION - NOMINATING MEMBERS TO THE VIRGINIA MUNICIPAL LEAGUE
COMMITTEES
WHEREAS, the Virginia Municipal League has requested-that its member jurisdictions
nominate elected and appointed officials to serve on its various policy committees:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The following are hereby nominated to serve on Virginia Municipal League
Committees:
Official Committee Name
Mayor Rnhert R. Rav:ln111
FR , n_...._____. '--
Councilmember William Mulokey Economic Development
Councilmember Christine Forester Human Development
Councilmember Don Kimball Transportation
Katherine Imhoff Environmental Quality
Katherine Imhoff Legislative 4
SECTION IL The manager is authorized and directed to transmit this information to the
Virginia Municipal League.
89-52-RESOLUTION-ACCEPTING PUBLICIMPROVEMENTS,RELEASING THE PERFORMANCE
GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC
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Minutes of March 14, 1989
IMPROVEMENTS IN THE OAKVIEW SUBDIVISION
WHEREAS, Brownell Incorporated,the developer of the Oakview Subdivision has completed the
public improvements in accordance with approved plans and town standards, and these have been
inspected and approved: I
THEREFORE, RESOLVED by the Council of the Town of Leesburg'in Virginia as follows:
SECTION I. The irrevocable letter of credit from Equitable Federal Savings and Loan
Association in the amount of$296,100.00 is released, and a new surety in a foim approved by the town
attorney for a maintenance guarantee in the amount of$14,805.00 is approved, and shall be in effect
for a period of one year from this date.
SECTION H. This release is contingent upon delivery of a properly executed instrument
conveying unto the town all such improvements and easements free of any liens or changes.
89-53 - RESOLUTION- MAKING AN APPROPRIATION FOR THE LEESBURG BICYCLE CLASSIC
WHEREAS, on February 28, 1989, the Town Council authorized a permit with Leesburg Bicycle
Classic, Inc., for the purpose of holding a bike race in Leesburg on June 24-25, 1989; and
LC: WHEREAS, this Town Council recognizes the
itt gniz significance this event has on promoting tourism
and recreation in Leesburg and
e.. WHEREAS, this Town Council desires toe supportmak
mg
its b y maiing a financial donation
to assist with the sponsoring of this event:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
An appropriation in the amount of$3,000.00 is authorized for the General Fund unappropriated
fund balance to account number 200-9100-560-070, Leesburg Bicycle Classic Race.
Mayor Sevila was asked by Councilmember Kimball, who could not be'here tonight, to publicly
state for him, his objection to this legislation. Mr. Kimball favors the bicycle rlacsic, he believes it is
a good event, but questions the use of public funds for what he believes tb be less than a public
venture. Mr. Kimball stated that if he were here, he would vote against it. '
89-54 - RESOLUTION - MAKING AN APPROPRIATION FOR STORM DRAINAGE AND
WATERLINE IMPROVEMENTS AND DIRECTING TOWN STAFF TO PURSUE
GRANT FUNDING
WHEREAS, on October 12, 1988, the town entered into a side letter agreement in conjunction
with its Jet Center lease with Janelle Aviation; and
WHEREAS, the agreement provided that the town pay a pro-rata share of public improvements
to be installed as part of the hangar construction; and
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WHEREAS, ents are requested equested for projects that are completed; and
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WHEREAS, the town's negotiated share of the storm drainage improvements amounts to
$135,000.00; and
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WHEREAS, the town's negotiated share of the waterline improvement amounts to $11,000.00;
and
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WHEREAS, grant funding from the Virginia. Dcnu_kment 'of Aviation'has been approved for
these projects in,the amount of$f-2 000.00; and
... . WHEREAS pA.7ifi.nol mean. a.-.a:-.V _— .,i1l•-.a
Aviation:
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THEREFORE, RESOLVED by the Council of the Town of,Leesburg in Virginia as follows:
SECTION I. An appropriation of $135,000.00 is hereby authorized lfrom the General Fund
unappropriated fund balance for fiscal year ending June 30, 1989 to account number 200-4103-700-
100, Route 643 Storm Drainage Improvements.
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SECTION II. An appropriation of $11,000.00 is hereby authorized from the Utility Fund
unappropriated fund balance for fiscal year ending June 30; 1989 to accountinumber 300-3120-700-
200, Route 643 Airport Waterline Improvements.
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2 4 0
M i n u t e s o f M a r c h 1 4 , 1 9 8 9
S E C T I O N I I I . T o w n s t a f f i s h e r e b y d i r e c t e d t o p u r s u e g r a n t f u n d i n g f o r t h e s e p r o j e c t s f r o m
t h e V i r g i n i a D e p a r t m e n t o f A v i a t i o n .
A y e : C o u n c i l m e m b e r s C l e m , F o r e s t e r , L o v i n , M u l o k e y , T o l b e r t a n d M a y o r S e v i l a
N a y : N o n e
O n m o t i o n o f M r . T o l b e r t , s e c o n d e d b y M r . C l e m , t h e f o l l o w i n g r e s o l u t i o n w a s p r o p o s e d a n d
u n a n i m o u s l y a d o p t e d .
8 9 - 5 5 - R E S O L U T I O N - A D V E R T I S I N G T H E C O U N C I L ' S I N T E N T T O E N A C T R E V I S E D
A V A I L A B I L I T Y F E E S F O R N E W S E W E R C O N N E C T I O N S
W H E R E A S , t h e r e v i s e d s e w e r a v a i l a b i l i t y f e e s a d o p t e d b y t h e T o w n C o u n c i l o n J u n e 2 2 , 1 9 8 8
a n d e f f e c t i v e J u n e 2 2 , 1 9 8 8 d i d n o t i n c o r p o r a t e t h e c o n s t r u c t i o n a n d f i n a n c i n g c o s t s a s s o c i a t e d w i t h
u p g r a d e d e x p a n s i o n o f t h e t o w n ' s w a t e r p o l l u t i o n c o n t r o l f a c i l i t y t o a d v a n c e d w a s t e t r e a t m e n t ( A W T )
s t a n d a r d s ; a n d
W H E R E A S , t h e S t a t e W a t e r C o n t r o l B o a r d p r e s e n t l y r e q u i r e s t h a t t h e T o w n o f L e e s b u r g ' s n e x t
p l a n t e x p a n s i o n m e e t A W T s t a n d a r d s , w h i c h r e q u i r e a r i a p p r o x i m a t e $ 4 0 m i l l i o n i n c r e a s e i n c a p i t a l
e x p e n d i t u r e s o v e r t h e o r i g i n a l l y a n t i c i p a t e d e x p a n s i o n a t s t a n d a r d s r e c o m m e n d e d b y t h e N o r t h e r n "
V i r g i n i a P l a n n i n g D i s t r i c t C o m m i s s i o n i n i t s r e p o r t t o t h e S t a t e W a t e r C o n t r o l B o a r d ; a n d
W H E R E A S , C o u n c i l R e s o l u t i o n # 8 9 - 4 1 , a d o p t e d F e b r u a r y 1 4 , 1 9 8 9 , d i r e c t s t h e m a n a g e r t o
u p d a t e t h e M a r c h 4 , 1 9 8 8 " A v a i l a b i l i t y R a t e S t u d y T h r o u g h t h e Y e a r 2 0 0 0 " r e p o r t t o r e f l e c t c a p i t a l c o s t s
a s s o c i a t e d w i t h d e s i g n a n d c o n s t r u c t i o n o f a n A W T f a c i l i t y ; a n d
W H E R E A S , s a i d r e p o r t w a s s u b m i t t e d t o t h e T o w n C o u n c i l o n M a r c h 3 , 1 9 8 9 ; a n d
W H E R E A S , a n i n c r e a s e i n s e w e r a v a i l a b i l i t y f e e s i s n e c e s s a r y t o o f f - s e t t h e c o s t o f e x p a n d i n g
a n d u p g r a d i n g L e e s b u r g ' s W a s t e w a t e r T r e a t m e n t F a c i l i t y t o a c c o m m o d a t e n e w g r o w t h a n d m e e t A W T
s t a n d a r d s ; a n d
W H E R E A S , S e c t i o n 1 5 . 1 - 2 9 . 1 4 o f t h e C o d e o f V i r g i n i a , a s a m e n d e d , r e q u i r e s t w o s u c c e s s i v e
a d v e r t i s e m e n t s i n a l o c a l n e w s p a p e r n o t i f y i n g t h e p u b l i c o f t h e C o u n c i l ' s i n t e n t i o n t o a d o p t o r i n c r e a s e
a p p l i c a b l e f e e s , a s w e l l a s t o s e t a p u b l i c h e a r i n g o n t h e p r o p o s e d l e v y , f e e o r i n c r e a s e :
T H E R E F O R E , R E S O L V E D b y t h e C o u n c i l o f t h e T o w n o f L e e s b u r g i n V i r g i n i a a s f o l l o w s :
P u r s u a n t t o S e c t i o n 1 5 . 1 - 2 9 . 1 4 o f t h e 1 9 5 0 C o d e o f V i r g i n i a , a s a m e n d e d , a p u b l i c h e a r i n g s h a l l
b e h e l d o n p r o p o s e d l e g i s l a t i o n t o a m e n d a n d i n c r e a s e L e e s b u r g ' s s e w e r a v a i l a b i l i t y f e e s f o r n e w
c o n n e c t i o n s a s f o l l o w s :
P r o p o s e d S e w e r A v a i l a b i l i t y F e e
C u r r e n t P r o p o s e d S e w e r P r o p o s e d S e w e r
S e w e r E f f e c t i v e 7 / 1 / 8 9 E f f e c t i v e 7 / 1 / 9 0
R e s i d e n t i a l $ 2 , 0 4 0 $ 5 , 0 0 0 $ 7 , 3 0 0 -
C o m m e r c i a l $ 5 . 6 1 p g p d $ 1 5 p g p d $ 2 6 p g p d
T h e h e a r i n g s h a l l b e h e l d b e g i n n i n g a t 7 : 3 0 p . m . , o r a s s o o n t h e r e a f t e r a s t h e m a t t e r m a y b e
r e a c h e d o n A p r i l 2 5 , 1 9 8 9 , i n t h e C o u n c i l C h a m b e r s , 1 0 L o u d o u n S t r e e t , S . W . , L e e s b u r g , V i r g i n i a . T h e
c l e r k s h a l l p u b l i s h n o t i c e s o f t h i s h e a r i n g a n d t h e C o u n c i l ' s i n t e n t i o n t o c o n s i d e r t h e l e g i s l a t i o n i n t h e
L o u d o u n T i m e s - M i r r o r o n A p r i l 6 , 1 9 8 8 a n d A p r i l 1 3 , 1 9 8 9 .
M a y o r S e v i l a b r i e f l y s t a t e d t h a t w h a t t h i s l e g i s l a t i o n s a y s i s t h a t i f t h e S t a t e W a t e r C o n t r o l
B o a r d i n s i s t s o n t h e t e r t i n n t r n a t m a n . n r . } - . f&6
e x p a n s i o n / u p g r a d e , t h i s i s w h a t i t w i l l c o s t t o r e t i r e t h e d e b t . ,
A y e : C o u n c i l m e m b e r s C l e m , F o r e s t e r , L o v i n , M u l o k e y , T o l b e r t a n d M a y o r S e v i l a "
N a y . N o n e
1
O n m o t i o n o f M r . T o l b e r t , s e c o n d e d b y M r . C l e m , t h e f o l l o w i n g r e s o l u t i o n w a s p r o p o s e d a n d
u n a n i m o u s l y a d o p t e d .
8 9 - 5 6 - R E S O L U T I O N - A P P O I N T I N G B A R B A R A M A B K L A N D T O T H E P O S I T I O N O F ( D E P U T Y
C L E R K O F C O U N C I L
2417
Minutes of March 14, 1989
WHEREAS, the deputy clerk of council,position in the clerk's office is appointed by the Town
Council; and
WHEREAS, the town manager and clerk of council have recommended the appointment of
Barbara Markland as deputy clerk of council; and
WHEREAS, this Council conducted interviews for this position which confirmed Engineering
and Public Works Administrative Secretary Barbara Markland as the most qualified candidate:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Barbara Markland is hereby appointed to the position of deputy clerk of council
effective March 14, 1989.
SECTION II. She shall retain responsibilities within the Engineering and Public Works
Department as administrative secretary until her replacement reports to work.
Mayor Sevila stated that interviews for the position of deputy clerk of council were conducted.
Council was pleased to make the appointment from somebody who is already on the town staff.
Barbara comes before the Council as an appointee, with very strong recommendations from her
immediate supervisor Tom Mason and also Jeff Minor.
i
Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
Mrs. Forester moved that the Town Council go into executive session pursuant to Section 2.1-
344(a)(1) of the 1950 Code of Virginia, as amended, to discuss personnel'matters relating to the
Planning Commission and Board of Architectural Review appointments. The motion was seconded by
Mr. Mulokey.
Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
I move that the Executive Session be adjourned, that the Leesburg Town Council reconvene its
public meeting, and that no formal action was taken in the Executive Session.
Mrs. Forester moved that Clifton Vaughan be appointed to fill the unexpired term of William
Webb on the Planning Commission. The motion was seconded by Mr. Tolbert.
89-56A - RESOLUTION - APPOINTING CLIFTON VAUGHAN TO THE LEESBURG PLANNING
COMMISSION
WHEREAS, a vacancy exists on the Leesburg Planning Commission due to the resignation of
William F. Webb, Jr.:
THEREFORE, RESOLVED by the Ccun^_il of the Town of Leesburg in Virginia as follows:
Clifton Vaughan is appointed to the Leesburg Planning Commission for a term ending December
31, 1991.
Aye: Councilmembers G7em Forester, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: Prone
Mr. Lovin moved that Jelin Rem. i+:: .^ i Tinted to fill the unexpired term of McLean Pumphrey
y on the Rnsird of Architectural Pavlov:, Tha .nna;n ., won. „a,,,a �,..- ��_ m„n._ti . I
89-56B - RESOLUTION - MAKING AN APPOINTMENT TO LEESBURG BOARD OF
ARCHITECTURAL REVIEW
WHEREAS, McLean Pumphrey has resigned from the Board of Architectural Review effective
December 31, 1988:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Julia Rom is appointed to the Leesburg Board of Architectural Review'for•a term ending June
• 30, 1989.
I !
r �
42
Minutes of March 14, 1989
WHEREAS, the deputy clerk of council position in the clerk's office is appointed by the Town
Council; and
WHEREAS, the town manager and clerk of council have recommended the appointment of
Barbara Markland as deputy clerk of council; and
WHEREAS, this Council conducted interviews for this position which-confirmed Engineering
and Public Works Administrative Secretary Barbara Merkland as the most qualified candidate:
THEREFORE, RESOLVED try the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Barbara Markland is hereby appointed to the position of deputy clerk of council
effective March 14, 1989.
SECTION H. She shall retain responsibilities within the Engineering and Public Works
Department as administrative secretary until her replacement reports-to work.
i
Mayor Sevila stated that interviews for the position of deputy clerk of council were conducted.
Council was pleased to make the appointment from somebody who is already on the town staff.
Barbara comes before the Council as an appointee, with very strong recommendations from her •
immediate supervisor Tom Mason and also Jeff Minor.
Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila
• Nay: None
Mrs. Forester moved that the Town Council go into executive session pursuant to Section 2.1-
344(a)(1) of the 1950 Code of Virginia, as amended, to discuss personnel matters relating to the
Planning Commission and Board of Architectural Review appointments. The motion was seconded by
Mr. Mulokey. �
Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
I move that the Executive Session be adjourned, that the Leesburg Town Council reconvene its
public meeting, and that no formal action was taken in the Executive Session.
Mrs. Forester moved that Clifton Vaughan be appointed to fill the unexpired term of William
Webb on the Planning Commission. The motion was seconded by Mr. Tolbert. I
89-56A - RESOLUTION - APPOINTING CLIFTON VAUGHAN TO THE LEESBURG PLANNING
COMMISSION
I '
WHEREAS, a vacancy exists on the Leesburg Planning Commission due to the resignation of
William F. Webb, Jr.: I
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Clifton Vaughan is appointed to the Leesburg Planning Commission for a term ending December
31, 1991. I i
Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None -
i
Mr. Lovin moved that Julia Rom be appointed to fill'the unexpired term of McLean Pumphrey. .
on the Bnard of Arehi4ve...e1 Re rico. mi... ...,..;.;_ k; „_
89-563 • RESOLUTION - MAKING AN APPOINTMENT TO LEESBURG BOARD OF
ARCHITECTURAL REVIEW
WHEREAS, a vacancy exists on the Leesburg Board of Architectural Review due to the
resignation of McLean Pumphrey:
• •
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginiaias follows:
I
Julia Rom is appointed to the Leesburg Board of Architectural Review for a term ending June
30, 1989.
I
243
Minutes of March 14, 1989
Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila.
Nay. None
On motion of Mr. Mulokey, seconded by Mrs. Foreister, the meeting was adjourned.
11 �
Robert E. Sevila, Mayor
Clerk of Council
I I
II
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j I
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