HomeMy Public PortalAbout1989_11_28 j21
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MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL
NOVEMBER 28, 1989
A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10
Loudoun Street, S.W., Leesburg, Virginia on November 28, 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
led by Director of Finance Paul York. All members of Council were present and included: Mayor
Robert E. Sevila, Councilmembers James E. Clem, Christine M. Forester, Donald A. Kimball, Claxton
E. Lovin, William P. Mulokey and John W. Tolbert, Jr. Staff members present included: Town
Manager Jeffrey H. Minor, Assistant Town Manager Steve Brown, Director of Finance Paul York,
Director of Engineering and Public Works Thomas A. Mason, Capital Projects Coordinator Thomas J.
Rio and Public Information Officer Susan Farmer.
Councilmember Comments
Mr. Mulokey reported that the Cable TV Commission has instituted an all-out program to
improve the origination program within the cable network. Among the projects that are being planned
between November and February are a fifteen minute local news report featuring Susan Farmer, who
will be providing information on local events and upcoming activities within the Town. The
Commission has contacted Ms. Molly Converse who is the public information officer for Loudoun
County schools. They hope to be taping the high school, middle school and elementary school
Christmas programs for play-back during the month of December. They have also contacted Mr. Ron
Yop of the Karate school, who will do a video production surrounding the Downs Syndrome children
that are enrolled in the Karate school and how this improves the quality of their lives. First Nite
Leesburg will also be broadcast. Finally, Karen Jones of the Blueridge Speech and Hearing Center is
coordinating an auction with Multi-Vision and WAGE Radio to shown in February. Toward the
beginning of the new year there will be a number of channel changes due to a Syndication Exclusivity
Law, dictated by Federal law, which will cause a number of the Baltimore channels to be deleted from
our broadcasting. In response to these changes, the cable company will make these changes in concert
with a number of other programming changes to improve their overall line-up on the basic service.
Mayor Sevila noticed, through some correspondence, that several other services have been added to
cable and asked what they were. Mr. Mulokey stated Home Team Sports, American Film Classics,
shopping services and TNT, which is now on channel 14.
Mr. Lovin stated that on November 20, he attended the BAR meeting, where a presentation
was made by Ms. Imhoff on the new proposed H-2 ordinance. The presentation was very interesting.
He noted a letter to the Editor of the Loudoun Times-Mirror, written in the November 22,
edition. It was from a citizen of Leesburg regarding the proposed zoning ordinance. The text of the
letter dealt with the individual thinking that his business might be outlawed by the new revisions.
Mr. Lovin clarified by stating, any existing use that is currently allowed in the Town of Leesburg will
be grandfathered in the new ordinance, whether in the historic district or outside.
He was in Houston, Texas during the Thanksgiving holidays and noted that in the Houston
Post, was a two page article on Loudoun County, mentioning Leesburg as the County seat and the
various celebrities that live in Loudoun County.
Mr. Clem had no comment.
Mr. Kimball complimented Mr. Minor on the job that was done at the South King Street park
near the bike trail. It is a welcome addition to the community. -
Mrs. Forester had no comment.
Mr. Tolbert stated that the Environmental Advisory Commission has sent an application to
Tree City which the commission believes will be accepted.
He visited the Leesburg Elementary School, where he answered questions regarding schools in
the past.
Manager's Report ,
Mr. Minor showed the public the town's poster regarding free parking at the Liberty Street
parking lot during the Christmas season. There are a number of downtown businesses that are
displaying these posters to help advertise.
He commended Mr. Huff for the work at the South King Street park project, as well as the
EAC, who also played an important role in this project.
He reported on the Christmas Card contest that Mr. Huff implemented - a winner has been
chosen and Christmas cards will be mailed out to various friends of the town, using the winning design.
Recently, the Parks and Recreation Commission named three volunteers of the year, they are
Liza
Todd Wanless, Bob Starkey and town employee Lee Phillips.
The Parks and Recreation Commission received an Honorable Mention in the 1989 Virginia
Take Pride in America Program which is sponsored by the Department of Conservation and Recreation.
Mr. Huff will attend the December 15 ceremony in Richmond, representing the Town of Leesburg. The
town is proud of Mr. 'Huff's work and the Commission's work.
- Mr. Minor spoke to the Council regarding the Town's FY89 annual audit report. He distributed
a management letter from Touche Ross & Co., the Town's new auditors. They have been working on
the Town's audit, diligently for the last several months. Individuals responsible for this year's successful
audit are Paul York and Steve Krissa, with the town's staff and Brian Anderson and Susie Stanton with
Touche Ross & Co. Mr. Anderson was present tonight and addressed the Council. He explained the
management letter which represents observations made by Touche Ross & Co.; during the audit. As
a result of the audit and reviewing the various systems of financial control, no,significant weaknesses
were found in the Town's internal control systems. From Touche Ross & Company's standpoint the
audit went very well.
Mayor's Report
Mayor Sevila congratulated Mr. Huff and the Parks and Recreation Advisory Commission on
receiving an honorable mention in the 1989 Take Pride in America Program.
He brought attention to an article from the Washington Post relating to various problems that
Fairfax is having, very similar to the Town of Leesburg. Fairfax is now taking a look at bi-right uses
under their zoning ordinance. He asked Mr. Minor and the planning staff to follow this closely.
He noted an article regarding the Spring Court Case that he and Ms. Imhoff discussed at a past
committee meeting and encouraged members of Council to read this case. There are a lot of
experiences in that case that relate to what the Town of Leesburg does on a daily basis, on the Council
and Planning Commission level.
The Parks and Recreation Commission is encouraging people to buy live Christmas trees, this
year and donate them to the Ida Lee Park at the end of the holiday.
The monthly meeting of the Town and County AADP committee was held today - there was
a rather full agenda. A number of matters pending before the town were discussed. The most
important one was the issue relating to the toll road. There are rumblings, that if the private Toll
Road Corporation is unsuccessful in acquiring the necessary right-of-way, it may abandon its attempts
to cross Goose Creek and terminate the toll road at Route 659 on the east side of Goose Creek. The
Mayor wished to emphasize opposition to this and bring whatever pressure the town could onto the
County, the Toll Road Corporation and the remaining landowners who have not reached an agreement
with the Toll Road Corporation regarding the right-of-way. The Town of Leesburg vehemently oppose
terminating the toll road east of Goose Creek. He referenced his letter addressed to Ms. Betsy Brown
Sand Supervisor Dodson stating the town's position that if the Toll Road Corporation cannot complete
its mission, that is, to get the necessary right-of-way to build the toll road extension all the way to the
Leesburg bypass terminus, then the Town asks the County to join us in supporting the VDOT project
that would have all the powers under State law, including eminent domain to see that the right-of-
way was secured and that the project as originally contemplated and the alignment is approved all the
way to Leesburg would in fact be the designed and developed toll road.
Another issue is the Edwards Landing, formerly known as Potomac Crossing South, includes
the dedication to the Town, County or the Northern Virginia Regional Park Authority of about 31 acres
of open space along the Potomac River. This will be coming before the Town Council for discussion
at the December 6, 1989 meeting. We are expecting a report outlining the committee's attitude on
some points they would like the town to take into consideration as the zoning application moves
through the process at the Council level. The remaining issues are access to the river through the
development and density along the A-3 County property. The A-3 property has agreed to dedicate to
the Town 150 feet if the owner of Edwards Landing will be match it, creating a 300' wide natural trail
back to the river.
The Christmas Candlelight Tour sponsored by the Loudoun Museum will be on December 2,
1:00 p.m. to 8:00 p.m. - there are seven homes on this tour. Tickets are on sale at the Loudoun
Museum and the proceeds benefit the Loudoun Museum.
Mr. Clem asked if town forces could pick up the live trees from the residents to be delivered
to Ida Lee Park. Mr. Minor stated that the town should be able to do this and stated that more details
of this would be included in the December issue of the Lamplighter.
The Mayor stated that we should all start taking a serious interest in solid waste management
control which is an issue now at the County level - recycling and incineration are on the horizon.
Several communities in Virginia and around the country are already in to separating and recycling
various waste at the curb, through incentive programs and ordinance adoption. Middleburg is doing
this on a voluntary basis. He asked Mr. Minor to publicize the fact that newspapers can be delivered
to the Giant Food Store for recycling and also provide for additional methods of recycling. The town
has a responsibility to take a serious initiative in this field.
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Minutes of November 28, 1989
Legislation _.
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Mayor Sevila stated that the matter in item 9(a) on the agenda was discussed today at the
AADP committee meeting in connection with the update and revised Annexation Area Development
Policy Agreement which is being worked on by the Town and County staff. Because the Airport Master
Plan is a part of the AADP agreement, the Town was requested by the County to defer this matter
until they can have comments ready for the town. This item was referred to the December 6, 1989
Administration and Public Works Committee meeting.
On motion of Mr. Clem, seconded by Mr. Tolbert, the following resolutions were proposed as
consent items and unanimously adopted.
89-238 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF GEORGELAS &
SONS, INC. FOR REVISION OF THE ZONING DISTRICT MAP TO THE PLANNING
COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 13.1 OF THE
1950 CODE OF VIRGINIA, AS AMENDED
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The application of Georgelas & Sons, Inc. for revision of the Zoning District Map (#ZM-114)
to rezone 71.8 acres of land located north of the Fairview Subdivision and west of the Andover Meadow
Subdivision, from County R-1 to Town R-1, is received and referred to the Planning Commission for
public hearing and recommendation under Chapter 11, Tide 15.1 of the 1950 Code of Virginia, as
amended.
89-239 - RESOLUTION - AWARDING A CONTRACT TO RAINBOW CUSTOM WOODWORKING,
INC. FOR THE CUSTOM MILLWORK FOR THE MUNICIPAL GOVERNMENT
CENTER
WHEREAS, bids were solicited under Section 8.1, Competitive Sealed Bidding, of the Leesburg
Purchasing Regulations for the Construction and Installation of Custom Millworlcing in the Municipal
Government Center; and
WHEREAS, the bids were evaluated pursuant to the bid documents, Town's Purchasing
Regulations and the Virginia Public Procurement Act and
WHEREAS, Rainbow Custom Woodworking, Inc. submitted the lowest bid of $327,456.00 and
has been judged to be the lowest responsive and responsible bidder; and
WHEREAS, alternate number 1 would be a deduction substituting a laminate finish for a
painted polyurethane finish at some work stations for a savings of $17,974.00 and is recommended by
the Administration and Public Works Committee of the Council.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The base bid in the amount of$327,456.00, as well as alternate number 1, for
a deduction of$17,974.00 which substitutes some finishes, for a total bid in the amount of$309,482.00
as submitted by Rainbow Custom Woodworking, Inc.
SECTION II. The Manager is authorized and directed to execute, on behalf of the Town of
Leesburg, a lump sum contract with Rainbow Custom Woodworking, Inc. in the amount of$309,482.00.
89-240 - RESOLUTION - AWARDING A CONTRACT TO CHASEN'S BUSINESS INTERIORS FOR
THE GENERAL FURNISHINGS FOR THE MUNICIPAL GOVERNMENT '
CENTER
WHEREAS, bids were solicited under Section 8.1, Competitive Sealed Bidding of the Leesburg
Purchasing Regulations for the General Furnishings of the Municipal Government Center; and
WHEREAS, the bids were evaluated pursuant to the bid documents, Town's Purchasing
Regulations and the Virginia Public Procurement Act; and
WHEREAS, Chasen's Business Interiors was the lowest responsive and responsible bidder for
a lump sum bid of $229,864.30; and
WHEREAS, alternate number 1 will add general reception area furniture, Council committee
room furniture and Council Chamber reception furniture at a cost of $15,282.60 and is recommended
by the Administration and Public Works Committee of the Council.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The base bid in the amount of$229,864.30, as well as alternate number 1,which
would add $15,282.60 for additional furnishings, for a total bid in the amount of $245,146.90 as
submitted by Chasen's Business Interiors is accepted.
SECTION II. The Manager is authorized and directed to execute, on behalf of the Town of
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Minutes of November 28, 1989
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Leesburg, a lump sum contract with Chasen's Business Interiors in the amount of $245,146.90.
SECTION M. An appropriation is made in the amount of$54,628.90 from the General Fund
to Municipal Government Center Capital Project Fund 901-9500-700-090.
89-241 - RESOLUTION - AUTHORIZING AN OFFER TO FLORENCE R. ASHBROOK, WA,i IAM S.
ASHBROOK, AGNES DIZ. COOK, JOHN H. COOK HI, LUCY Z. RICH, STUART P.
RICH, ALFRED L.B. DIZEREGA III, AND FLORENCE R. ASHBROOK, AGNES DIZ.
COOK, LUCY Z. RICH AND ALFRED L.B. DIZEREGA III, AS TRUSTEES AND
EXECUTORS FOR PURCHASE OF STORM DRAINAGE EASEMENT, WATERLINE
EASEMENT AND RIGHT-OF-WAY DEDICATION NEEDED FOR THE PHASE VI
STORM DRAINAGE IMPROVEMENT PROJECT & AUTHORIZING CONDEMNATION
PROCEEDINGS
WHEREAS, the 1977 Storm Drainage Master Plan and the Capital Improvements Program call
for extensive storm drainage improvements for Town Branch in the Dry Mill Road/Valley View Avenue
•area and related water and sanitary sewer line replacements and roadway widening, and
WHEREAS, the design has been completed and construction plans and specifications issued and
a construction contract signed with Perry Engineering Company, Inc.; and
WHEREAS, easements for sanitary sewers, storm sewers, waterlines and right-of-way for road
widening are required to allow this project to proceed; and
WHEREAS, completion of this project is a high priority since this will correct severe flooding
problems on Dry Mill Road:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Council does hereby authorize the Mayor to sign a letter of early entry
agreement as prepared by the Town Attorney.
SECTION II. Florence R. Ashbrook, William S. Ashbrook, Agnes diZ. Cook, John H. Cook III,
Lucy Z. Rich, Stuart P. Rich, Alfred L.B. diZerega HI, and Florence R. Ashbrook, Agnes diZ. Cook,
Lucy Z. Rich and Alfred L.B. diZerega III, as Trustees and Executors are hereby offered a sum of
$3,479.00 as just compensation for the easements and/or area required for roadway widening shown
on the attached plat and described in the easement documents.
SECTION III. In the event this offer is not accepted in writing within ten (10) days from
receipt, the Council hereby declares that an essential public convenience and necessity exists to acquire
the easements and areas required for street widening and does hereby authorize the Town Attorney
to file the requisite petition for condemnation and early entry in order to construct the storm drain
system and relocation of water and sanitary sewer lines, on behalf of the Town of Leesburg and does
authorize the Director of Finance to issue a check in the sum of $3,479.00 payable to Alfred L.B.
diZerega HI, in accordance with Section 25-46.8 of the 1950 Code of Virginia, as amended.
89-242 - RESOLUTION -APPOINTING JOHN W. TOLBERT, JR., AS COUNCIL REPRESENTATIVE
ON THE SELECTION COMMITTEE FOR IDA LEE PARK PHASE H DESIGN AND
ENGINEERING SERVICES
WHEREAS, a request for proposal has been issued to select a consultant to provide design and
engineering services for Phase II of Ida Lee Park; and
WHEREAS, Section 8.2-5 of the Town's Purchasing Policy requires that a member of the Town
Council serve on the Ida Lee Park Phase II Design and Engineering Services Selection Review
Committee:
THEREFORE, RESOLVED by the.Council of the Town of Leesburg in Virginia as follows:
• Mr. John W. Tolbert, Jr., is appointed to serve as the Council's representative on the Ida Lee
Park Phase II Design and Engineering Services Review Committee.
89-243 - RESOLUTION - APPOINTING COUNCILMEMBER WILLIAM P. MULOKEY, AS COUNCIL
REPRESENTATIVE ON THE SELECTION COMMITTEE FOR PROFESSIONAL
SERVICES FOR DESIGN AND CONSTRUCTION ADMINISTRATION FOR
WIDENING OF THE ROUTE 15 BYPASS PHASES I AND H
WHEREAS, a Request for Proposal has been issued to select an Engineering Firm to provide
professional services for design and construction administration for the Widening of the Route 15
Bypass Phases I and H.
WHEREAS, Section 8-2.5 of the Town's Purchasing Policy requires that a member of the Town
Council serve on the selection review committee:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
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Minutes of November 28, 1989
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Councilmember William P. Mulokey is appointed to serve as the Council's representative on the
selection committee for professional services for the Widening of the Route 15 Bypass Phases I and
II.
89-244 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS. RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS IN POTOMAC CROSSING SECTION 1B1
WHEREAS, Globe USA, Inc., the developer of Potomac Crossing Section 1B1 has completed the
public improvements in accordance with approved plans and town standards, and these have been
inspected and approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The irrevocable letter of credit from The Riggs National Bank in the amount
of$57,600.00 is released, and a new surety in a form approved by the town attorney for a maintenance
guarantee in the amount of$14,000.00 is approved, and shall be in effect for a period of one year from
this date.
SECTION II. 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 charges.
89-245 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLATION IN WOODLEA MANOR PHASE I
WHEREAS, the Town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Woodlea Manor Phase I and certified that the value of work
performed is $774,000.00; and
WHEREAS, an irrevocable letter of credit from Home Federal Savings and Loan Association
in the amount of $3,221,000.00 has been provided by the developer and approved by Council to
guarantee installation of public improvements for Woodlea Manor Phase I.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The irrevocable letter of credit from Home Federal Savings and Loan Association
in the amount of $3,221,000.00 is reduced to $2,447,000.00.
SECTION II. The Town Manager shall notify the developer that liability for the irrevocable
letter of credit has been reduced as outlined in Section I of this resolution, and that this reduction does
not constitute acceptance of public improvements by the Town or relieve the developer of responsibilities
outlined in the contract for public improvements for Woodlea Manor Phase I.
Mayor Sevila pointed out that Councilmember Tolbert agreed to serve as the Council
representative on the selection committee for Ida Lee Park and Councilmember Mulokey agreed to serve
as the Council representative on the selection committee for the widening of the Route 15 bypass
Phases I and II project. He appreciates Mr. Mulokey and Mr. Tolbert volunteering to serve on these
committees and their taking on the additional workload.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
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Nay: None
On motion of Mr. Tolbert, seconded by Mrs. Forester, the following resolution was proposed and
unanimously adopted.
89-246- RESOLUTION-AMENDING A BRICK SIDEWALK MAINTENANCE AND CONSTRUCTION
POLICY
WHEREAS, the Council of the Town of Leesburg adopted a sidewalk maintenance and
construction policy by Resolution Number 80-21 on February 27, 1980; which established that certain
sidewalks be constructed of brick; and
WHEREAS, the limits of the brick sidewalk maintenance and construction area are limited to
seven (7) streets in the downtown area; and
WHEREAS,brick sidewalk enhances the streetscape and should not be limited to the downtown
area; and
WHEREAS, the boundaries for brick sidewalks areas should be expanded to include all of the
Historic District because brick sidewalks will improve the appearance of the Historic District.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows:
Brick sidewalks are required, when practical, on all streets within the Historic District boundary
and West Market Street and West Loudoun Street west of the Historic District to their intersection
Minutes of November 28, 1989
point.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
• Nay: None
New Business
On motion of Mrs. Forester, seconded by Mr. Tolbert, the following resolution was proposed and
unanimously adopted.
89-247 - RESOLUTION - CANCELLING THE COUNCIL'S PLANNING AND ZONING COMMITTEE
AND ADMINISTRATION AND PUBLIC WORKS COMMITTEE MEETINGS
OF DECEMBER 20, 1989 AND CANCELLING THE COUNCIL MEETING OF
DECEMBER 26, 1989
WHEREAS, the Council's Planning and Zoning Committee and Administration and
Public Works Committee are scheduled to meet on December 20, 1989; and
WHEREAS, a regular Town Council meeting is scheduled for December 26, 1989; and
WHEREAS, these meetings will interfere with the observation and celebration of Christmas:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Planning and Zoning Committee and Administration and Public Works
Committee meetings scheduled for December 20, 1989 and the regular Town Council meeting scheduled
for December 26, 1989 are cancelled.
SECTION II. The manager is directed to publish a notice of these cancellations in the Loudoun
Times-Mirror.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
On motion of Mr. Tolbert, seconded by Mr. Mulokey, the meeting was adjourned.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila •
Nay: None
Robert E. Sevila, Mayor
Clerk of Council
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