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HomeMy Public PortalAbout1989_11_28 j21 • 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. LW( Minutes of November 28, 1989 Legislation _. • 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 yzs^ • Minutes of November 28, 1989 • 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: ��6.. • Minutes of November 28, 1989 • 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 • 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 •