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HomeMy Public PortalAbout1990_03_27 (2)91 MINUTES OF THE REG~ MEETING OF THE LEESBURG TOWN COUNCIL MARCH 27, 1990 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia on March 27, 1990 at 7:30 p.m., Council having been in executive session from 6:00 p.m., prior thereto. The meeting was called to order by the Mayor, with the invocation given by Councilmember Tolbert and the Salute to the Flag led by Councilmember Mulokey. Present were: Mayor Robert E. Sevila and Councilmembers James E. Clem, Christine M. Forester, Claxton E. Lovin, William P. Mulokey, and John W. Tolbert. Councilmember Donald A. Kimball was absent. Also present were: Town Manager Jeffrey H. Minor, Assistant Town Manager Steven C. Brown, Director of Finance Paul York, Director of Engineering and Public Works Thomas A. Mason, Director of Utilities Randolph W. Shoemaker, Director of Parks and Recreation Gary Huff, Public Information Officer Susan Farmer and Town Attorney George Martin. On motion of Mr. Tolbert, seconded by Mr. Lovin, the special meeting minutes of February 19, 1990, regular meeting minutes of February 27, 1990 and regular meeting minutes of March 13, 1990 were unanimously approved as submitted. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert a~d Mayor Sevila. Nay: None Absent: Councilmember Kimball Petitioners Senator Charles Waddell thanked the Council for the opportunity to review the possibilities for expanding the Leesburg exchange calling area. Last December we met with interested parties in the Ashburn Farms and Ashburn Village Community to discuss the actions which would be necessary to change the present calling scope of the Leesburg exchange to include C&P Telephone Company's Fai,~fax, Vienna, Falls Church, McLean, Alexandria and Arlington zones. The D.C., area was also discussed, but I believe that proposition would lead to lengthy negotiations with the District of Columbia Regulatory Agency, not to mention the Federal Communications Commission. We would need the approval of both these agencies and a reciprocal calling agreement with C&P in .the district which is a sister company of C&P in Virginia. For now, we should focus our efforts on the inclusion of the three northern Virginia zones in Leesburg's calling area. The problem for Leesburg exchange telephone customers is that calling in areas where business is conducted and personal communications are necessary is long distance. The demand for an expanded calling area is, in large measure, the result of a significantly increased community of interest. The general growth in northern Virginia has expanded the boundaries of our community. The Leesburg exchange which is on the outskirts of the Washington Metropolitan exchange has become an inter dependent part of that area. Inter dependents has been accelerated by the location of businesses outside the urban core. Coverage by regional media and most importantly by the growth of commuter populations. Senator Waddell introduced Mr. Allen Wickham, Manager of Operations of the State Corporation Commissions Communications Division and Mr. Rodney James, Manager of Rates Analysis for C&P Telephone Company. Mr. Wickham will review area telephone company boundaries and general provisions of the calling plan which will be proposed for the Leesburg exchange. Mr. James will review rates for the service, present toll rates to call northern Virginia zones and the Leesburg business/residence foreign exchange customer mix. Mr. Wickham said that presently the Leesburg exchange has three NXX codes; 729, 771 and 777 they are central office codes. The present local calling area for Leesburg includes all of the contiguous exchanges around Leesburg. The Herndon exchange which is intra-lata, the Arcola exchange which is served by the Contel Corporation, Catoctin, Middleburg and Mount Gilead. Leesburg is in the Culpeper lata. At the vestature in 1984, there were 161 lams' created nation wide which served to distinguish areas within which the bell operating companies can provide toll service. Call between the latas can only be handled by interchange telephone companies, such as, AT&T, US Sprint and MCI. The plan which we are proposing is called Extended Area Calling (FAC). It is seven digit dialing. The telephone directories would be co-mingled. EAC was first introduced in Virginia in 1983, as an experimental plan. One year after it was introduced, the SCC approved it as a permanent offering and since then we have had approximately 50 EAC routes implemented in Virginia. The people who have this plan are really satisfied with it. The plan itself works very well and is basically measured service but at an 80% reduction. There will be a slight increase in rates for the service. Leesburg's exchange will be regrouped. Mr. James said that he has been involved with the EAC routes for approximately four years. The rates as they would apply by adding the three zones, Fairfax, Falls Church, McLean and Alexandria/Arlington, to the local calling area for Leesburg. That is about 600,000 customers that will be added to the local calling area and will cause an increase in the local rates. There are eight different rate groups which will change Leesburg from rate group 6 to rate group 7. The impact, of this, would be for residential, most of the customers have fiat rate unlimited calling, today, and the increase would be .99 cents for that particular customer. If you subscribe to message rate service the increase would be .10 cents. It is not really too much of an increase to the residential customers, per month. The increase for business customers, most customers have the fiat rate unlimited service, the increase would be $3.92 per month. For most customers there will be a net savings on their telephone bill because Minutes of March 27, 1990 when EAC is implemented, the rates go from toll rates to local measured service rates, which are generally about 80% less. The packsge that will be mailed out, to the customers, for the survey will contain details on all the services being offered. It will show the discount and will show a break even point, based on the 80% reduction in tolls. In the residential world, to offset that .99 cent increase you only have to make a $1.24 worth of toll calls into the three zones to break even on your telephone bill. In the business world the break even point would be $4.90. Mayor Sevila asked how many areas in the Culpeper lata are being included in the EAC. Mr. James said only the Leesburg exchange. Mayor Sevila asked, if this system were implemented, would the metro numbers in Leesburg and the Loudoun County area still be available. Mr. James said yes, they are fiat rate lines. Mr. Ken Crovo, President of the Loudoun Chamber of Commerce, addressed the Council. He said that the Chamber of Commerce enthusiastically endorses this change. We feel that this change would lower the cost of doing business and would simplify the business of doing business. Mr. Paul Zidunik, thanked Senator Waddell for working closely with him on this petition and also the Town Council for the opportunity to present this petition. The citizens in Ashburn Farms and Ashburn Village would like is the equality that is given to 2 - 3 miles down, with the metro lines where $10.00 is being charged for dialing in northern Virginia, D.C., and Maryland. This change will benefit not only the Ashburn Farms and Village residents but also the whole Leesburg exchange and businesses. Ms. Laura Lespata, a resident of Ashburn Village, addressed the Council. Owning a business of her own, in Ashburn Village, she deals with Washington, northern Virginia and has phone bills that range from $250.00 to $300.00 per month. She is anxious to see the EAC go through. It will be a benefit to everyone, residences as well as businesses. Mr. Jim Ellington, local manager for C&P, addressed the Council. He said that this was a lot of information to take in, in such a short time. He is available to talk to Council anytime. He explained that when the Bell system was broken up the federal judge who presided over the break up set these lata boundaries. To the best of my knowledge, the only person that can change these lata boundaries are the federal courts. This is not a matter for C&P, this is a matter for the federal court. Because of that, C&P is not here as a proponent of this, we are here to provide information and to respond to requests for Senator Waddell and the SCC and members of Town Council or whoever else is asking to provide information. If this is what the m~jority of the people want, C&P would not attempt to road block it. Senator Waddell said that Delegate Rollins wanted to be here tonight but was apparently unable to make the meeting. Delegate Rollins is very supportive of this effort and will sign a letter, with me, to Judge Green asking for a waiver if the petition is in the affirmative. Also Supervisors Bos and Kavanaugh are supportive of this. The first step in this process is to poll all Leesburg exchange telephone customers. The survey materials will include; a letter describing the EAC service, a facts sheet which includes a map showing the present and proposed calling areas as well as detailed rate information and a postage paid ballot card. This poll could begin within 60 days. We will need a 50% return of ballots and a m~jority voting yes for passage of the proposal. The second step, assuming the proposal passes, will be a request from the SCC for C&P to seek a lata boundary waiver from U.S. District Judge Harold H. Green, who has continued overseeing the Bell operating companies operations since the 1984, AT&T divestiture for provision of the service. Senator Waddell has asked the judges at the SCC for support and assistance in this matter and plans to personally contact Judge Green, asking for his approval. Action on such a request usually takes from 2 to 3 months. If all goes well, the EAC service could be implemented as soon as C&P can engineer and install adequate circuits and make the necessary billing and administrative changes. C&P officials have said that it could take about 6 to 8 months. This service would be of great value to Leesburg exchange customers who called into the northern Virginia zones. Senator Waddell asked for the Leesburg Town Council's full support in this endeavor to improve Leesburg's present calling area. By all interested parties working together, Senator Waddell is confident of a favorable outcome. Mr. Ned Addison, Director of the SCC's Communications Division, addressed the Council. He said Senator Waddell has been relentless and energetic in his approach to this. He has represented you very well in this endeavor. As far as the SCC is concerned, we will do whatever we have to do assuming the vote is positive, to put this on a fast track with the federal judge in Washington. We don't foresee any problem, the judge usually acts favorably if it is in the interest of the state. Mayor Sevila asked if this service was being done in other areas. Mr. Addison said approximately 15 different areas in Virginia. The public's reaction has been very positive. Mr. Joe Ritenour - representing the Virginia Toll Road Corporation (VTRC), addressed the Council with regard to the ex~nsion of the road from Dulles to the Town of Leesburg. He referenced a draft letter, from Mr. Ralph Stanley with the VTRC, which will be presented to Mr. Minor tomorrow. The letter states that VTRC's financial plan, submitted to the SCC, will be for the entire toll road from the merging ramps at the existing Dulles toll road westward to the Route 7/15 bypass in Leesburg. Prior to closing such financing, VTRC will require the necessary right-of-way for the entire road. I think the only thing that would stop the toll road from coming to Leesburg would be the town itself and I don't think that will happen. Mr. Ritenour wished to commend the town and staff, particularly Mr. Minor and Mayor Sevila, for the content of its concerns towards the toll road and most importantly Minutes of March 27, 1990 for your attitudes towards the project. Not that we are happy with everything that the Town has done, particularly to the recommendations to the SCC, because we are not. I do feel confident that we can work out our differences and come to a mutually acceptable position. We have already made substantial progress in that regard. I would like to remind the Council that this is a very new, innovative idea concept that by necessity requires a cooperative effort between a lot of different players. VTRC being one, but also the town and county, the Commonwealth Transportation Board, SCC and VDOT. We are satisfied with that cooperative attitude so far. Unfortunately that s~me cooperative attitude has not been forthcoming from the Loudoun County Board of Supervisors and its staff. This has seriously jeopardized the toll road at this point~ In that regard, I ask the Council to once again communicate, by resolution if appropriate, its priority for the road to the Board of Supervisors. This is a critical stage in the process since an evaluation is being made as to whether to go forward or not on the project. As a property owner in this area, I feel this road is absolutely critical to the economic viability of the Town of Leesburg and the County of Loudoun. Public Hearing - 1991 - 1995 Capital Improvements Program Mr. York, Director of Finance, presented a slide presentation. Mr. Minor explained that this is a statutory hearing for the proposed Capital Improvements Program for FY 1991 - 1995. A five year spending plan for the msjor capital outlays for the Town of Leesburg. This year we have a total of 69 projects totalling nearly $60 million. These projects are divided equally among the general and utility funds with the balance going to the airport fund of about $1.5 million which is exclusively allocated for an Instrument Landing System (ILS) at the Leesburg Airport. The ILS will be funded almost entirely by federal and state sources. Mr. Minor detailed slides that depicts projects in terms of expenditures. Mr. Minor and Mr. York showed a map that depicts some of the projects and their respective areas. Projects included are the Route 15 bypass widening, Edwards Ferry Road widening which will include the installation of sidewalks on the north side, Dodona Manor, Streetscape program, Dry Mill sidewalk project, left turn lane at Country Club Drive, Ida Lee Park pool complex, Loudoun Street stormdrainage improvements, Peer Manor sWrm drainage improvements and the Municipal Government Center parking complex. Mr. Shoemaker, Director of Utilities, explained some of the projects proposed in the Utility Fund. He explained that as a result of the Comprehensive Water and Sewer Master Plan adopted by Council in the fall of 1988, the town has began construction on a number of projects and has completed several projects in the past two years. Those being the 2 million gallon storage tank on Hogback Mountain and approximately 3 miles of 24 inch watermain, around the bypass to the Sycolin Road area, has been installed. There are 5 additional phases of water system improvements included in the water system master plan. There are a number of projects in the Country Club area that will include construction of 16 inch waterline parallel to the existing lines. We have created a western pressure zone to benefit the entire town, from a fire flow and availability standpoint. These projects will extend the pressure zone in the Country Club area, north of the bypass all the way up to the Morven Park Road area. Mr. Minor said that one of the reasons that the proposed CIP is over $3.4 million less then last years CIP is the fact that we have accomplished a great deal. Some of the projects that have been completed includes; the public works facility, the Sycolin Road water pumping station, the Hogback Mountain water tank. Another project is the Ida Lee Park facility which is a very exciting one. This facility will be a top notch facility for the town. Council will be looking at the fee schedule in early April. The town is very happy to begin to utilize land that was a very gracious donation made by Mr. and Mrs. Rust. In the next two to three years the town will begin the development of soccer fields, ballfields, etc. The design work is underway today. The governor, in responding to the budget crisis of the Commonwealth, did eliminate recreation/open space funds. We will wait a few years until those funds become available. We are tying our commencement of construction to whenever those funds become available. The sooner they become available the sooner we will begin our work. The balance of the funds will come from proffers that we are receiving from various planned developments. The cost of these facilities will be about $600,000.00. Another existing and important project underway at Ida Lee Park is the restoration of the historic Greenwood farmhouse. This will be the site of our parks and recreation department headquarters. This project should be complete within the next 30 days. Another element of Ida Lee Park is the bandstand. Originally we were going to get some civic club donations for this and we still hope for that. If not we will be going to the various clubs and organizations trying to get support for this facility which is around $50,000 to $60,000. The municipal government center, financed largely by the town's bond issue, is another project. We are very pleased with the project of this job. Another project underway is the relocation of 6 and 8 Loudoun Street to Church Street. Mr. Minor showed an illustration of the type of street lamp that we would like to see installed in the downtown Leesburg, mainly the King Street area, to compliment all of the fine work that many Councils, the BAR, the late Mr. Brownrigg and others have done so much in the business community Minutes of March 27, 1990 to make downtown Leesburg such an asset to our community. Whether we can afford this, this year is debatable but soon this project will be warranted. The important traffic signal projects include the intersection of Battlefield Parkway and the Route 15 bypass, which is scheduled for FY 1992 and will cost $130,000.00. Another project is Market Street and Route 7 east of the bypass at $104,000.00. Route 15 and Country Club Drive at $110,000.00, widening of the Route 15 Bypass - one source of funding for this project will be the Pence Friedel Shopping Center development on both sides of Edwards Ferry Road. The sidewalk installation in front of Dry Mill Road and will include in front of Loudoun County High School and will cost $62,000.00. The installation of sidewalk on the north side of Edwards Ferry Road which will cost $185,000.00 - we believe that road is presently unsafe for pedestrians. In FY 1993 we will see the installation of sidewalk and curb and gutter along South King at a cost of $184,000.00. The Council has been wrestling, for several months, with our Stormwater Management Master Plan. We have included projects in the proposed CIP that are an outgrowth of that plan. One important one is the berming to protect the residential properties in the Monroe Street area from the Town Branch at 100-year storms. This project is slated at about $300,000.00 and also includes work at Morven Park Road near the Gates property - FY 1994-95. Another project is the completion of the Peer Manor outfall and replace the waterline in Market Street and improvement the drainage along Loudoun and Market Streets. This is a $355,000.00 project. Design is nearly complete on the Loudoun Street project, which will call for brick sidewalk construction, inlets, curb and gutter at a cost of about $445,000.00. The Phase VI storm drainage project is another project that is unde~-.qy and will cost approximately $2 million. Another project that the Council will have on their agenda, in two weeks, is the South King Street Streetscape project. We hope that the business community, realtors, civic groups and others will contribute to this project. This has been done very successfully in Roanoke, Blacksburg and Charlottesville. In regard to the utility operations, Mr. Minor explained that there is Work in this CIP to complete the conversion and upgrade of the water plant to 5 million gallons per day (MGD). We are underway with our next upgrade of the Wastewater Treatment Plant that will increase it from 2.5 MGD to 6.0 MGD. This will be, largely, a bond financed project with capital reserves from the utility fund as well as availability fee revenues. What we are doing today will cost about $30 million less, in terms of capital costs, then the Advanced Wastewater Treatment (AWT) plant that the State Water Control Board (SWCB) originally saw for Leesburg. The work of the Mayor, Council and Director of Utilities Randy Shoemaker was very instrumental in reversing the SWCB's position. If we would have gone with the AWT plant, Leesburg's water and sewer bills would have easily tripled. Mr. Minor referenced a graph that shows Leesburg's source of funding for this year's CIP. This is for all funds. New bond funds make up about 41%, bonds already issued - 20%, utility fund - 18%, generally fund - 9%, donations - 6.1%, grants - 4.4%, capital project fund - 2.1% and pro-ratas' - .3%. While in the past we have had 25, 30, 35% increases in the accessed values in the town, some due to inflated property values and some due to rezonings and growth. This year's CIP projects a 15% growth rate. Mr. Minor, in closing, said that the CIP is not an authorization to expend funds - it is simply a plan. It is a menu that the Council has to decide future major capital projects. A tool that we need to adequately plan for the future for our community. This plan must be judged with the realities of the economic times as they change and as the town changes. Some of these projects may or may not be in the recommendations for the forthcoming budget. None of the proposed expenditures anticipate any tax rate increases over the five year period. Mr. Minor wished to thank Mr. York, Mr. Brown, Mr. Shoemaker and the other department directors for being so instrumental in putting together this CIP document. Mr. Ken Robinson, a resident of 1103 Nickels Place, S.W., and Chairman of the Parks and Recreation Advisory Commission, addressed the Council. He presented a resolution on behalf of the commission: WHEREAS, Ida Lee Park Recreation Center is to provide all Leesburg and Loudoun County residents the ultimate in recreation facilities and programs; and WHEREAS, Ida Lee Park Recreation Center is to operate in an efficient business manner decreasing the dependability on tax dollars; and WHEREAS, a viable workable marketing plan has been proposed; and WHEREAs, Ida Lee Park Recreation Center needs to be as complete as possible as to order function in a manner to meet the ultimate needs; and Minutes of March 27, 1990 WHEREAS, funds are needed as soon as possible to help complete the facility and to make it operable; and WHEREAS, the funds to make the park complete and cost effective have been pushed back in the proposed budget especially phase II; and WHEREAS, Phase II is estimated to cost $600,000 to include two 300-foot complete baseball fields with lights, one soccer field with lights, one football field with lights, a parking lot with security lights, access road from Phase I development, utility extension from Phase I to rest room and concession buildings, site furnishings and landscaping;, and WHEREAS, field needs in the Spring for softball and baseball are now at 14; and WHEREAS, field needs in the Fall for soccer and football are now 13; and V~rHE~, the growth rate for the youth in the school population for the years 1990 through 1994 are expected to increase by a total of 22.3% given rise to the expectation that field use will be also increased: THEREFORE, BE IT RESOLVED that the members of the Leesburg Parks and Recreation Advisory Commission asks that: Said town's CIP budget be amended to push forward necessary funds to ensure the timely completion of Phase II. As planned the full $600,000.00 be restored to the proposed 1991 budget so that the park will be fully functional and cost effective as soon as possible. Mr. Robinson, speaking now as a citizen, said that he is saddened by the turn of events that have led to the apparent delay and the completion of the Phase II development of Ida Lee Park. He feels that the town has a fundamental obligation to follow through with the development of Phase H as originany planned. He does not think that the town can renege on the promise to the youth and adults and senior citizens to deliver a full recreation package. He encourages those individuals exercise even more innovative approaches with respect to looking at this budget. Lets not lose sight of some of the issues that will result from delaying the completion of Phase II, to 1995. Spending $600,000.00 in 1995 will net us 40% less than if spent in 1991. He asked that the budget be re-visited, globally and re-evaluate needs and priorities on a global basis and consider the restoration of the dollars that have been pushed back with respect to Phase H. Mr. Frank Carney, a resident of 7 Country Club Drive, S.W., addressed the Council. He is also a member of the Parks and Recreation Advisory Commission. He supports whole heartedly what Chairman Robinson spoke of. He remembered when the Ida Lee Park survey was sent to every resident of Leesburg and the overwhelming response to go ahead and get the park developed. The people of Leesburg want a well developed park. We had a 60% - 80% response. I am in touch with the people, especially senior citizens, and they are looking forward to Ida Lee Park. When the Rust family contributed the land, it amounted to about $14 million, since then assessments have gone out of sight and the land must now be worth about $25 million, today. Why is the town pulling back now. Why can't we go ahead and get the park finished. Let the ballfields feed the facility and vise versa. Let the activities support each other. Mr. Hubbard Turner, a resident of 1107 Bradfield Drive, S.W., addressed the Council. He said that Mr. Robinson and Mr. Carney has some valid points and that they should be considered. With regard to the CIP, he thinks that the town has basically made a very responsible approach to it. He has one objection and that is the airport - the Instrument Landing System (ILS). He does not feel that an ILS at Leesburg Airport would be in the best interest of the citizens. The zoning around the airport has been residential - and the ILS will give the airport a greater all weather capability. He gets very nervous thinking about aircraft landing at all hours of the night under varying weather conditions. There is no control tower. The nearest one is at Dulles. He would appreciate it if the town would reconsider the Il.q_. He requests that more citizen input and public hearings be made available for their review. Mr. Terry. Young, a resident of 805 Wage Drive, S.W., addressed the Council. He said that the Town of Leesburg has one ball field at Foxridge Park. Most Leesburg ball players play on fields maintained by the County's parks and recreation department. There is a limit as to what can be done, by either parks and recreation or the various leagues, as far as improving or enhancing the fields. Leagues have always been tenants - never owners of the ballfields. We have never been able to develop a lot of the properties. The demand for these ballfields keeps swelling. Phase H of Ida Lee Park does offer some relief, if we get it, even then it won't solve the whole problem. He asked several leagues to put together information, about 3 years worth of participation figures. Statistically, these leagues have been growing - Pee Wee baseball and soccer, particularly. The total growth rate for elementary, middle and high schools is 22 percent. Projecting a 22% growth rate on each area of baseball, softball, etc., in most cases the pee wee leagues almost tripled. In 1987, we had 133 players. In 1994, we are expecting 325 players all on the same amount of ballfields that we have now. Loudoun County is expecting the town to do its share. There is now a park in the eastern end of the county. Ida Lee Park is expected to be the feature, especially the ballfields, for the central part of the county. Minutes of March 27, 1990 Having Leesburg fields will not only increase badly needed playing space but will provide quality and flexibility for everyone to enjoy. The vision of Ida Lee Park is a place for the whole family. Amid the turmoil of the political process and the turbulence of the budgetary conflict that you have, remember what is meant for Ida Lee Park because if we slide now all of us are in danger of being hurt. Mr. Tony Herr, a resident of 512 Appletree Drive, N.E., addressed the Council stating that for the past six years he has been the coach for both the Loudoun Youth Soccer Association and Central Loudoun Little League and has witnessed the growth in both organizations. With the figures that Mr. Young spoke of, in a very short time, we will have to make a decision about having a certain number of children that can play soccer. Ida Lee is the answer to that. We should go ahead with the original proposal, build the fields and provide that opportunity to our children to express themselves in athletics. Mr. Don Rose, a resident of 1211 Eiler Road, Sterling, Va., addressed the Council. He has been a resident of Loudoun County since 1960, and has been vice president of the youth football for 17 years. He is also president of Senior Babe Ruth. We do not have enough playing fields for the youth in Loudoun County, not only in Leesburg. He sees, often, small children starting to play at 6:00 a.m. and 7:00 a.m., in the morning so they can play their games - because there are so many teams and not enough facilities. Also, there is no time for practices, therefore, our youth are not getting any better in athletics. This past year we went to Atlanta, Georgia - when we ggt down there we thought we had a pretty good ball club, but I would say we were more like a 12 year old team playing the New York Yankees. There was that much difference. Last year we one the state 16 - 18 year old tournament. I have worked with the parks and recreation in this county for a number of years - they have not been blessed with a lot of money either. Fortunately the town has some land and I hope the town will fund Phase H of Ida Lee Park - if not as a community there are a lot of things we can do. Maybe you can get a group together to make the fields ready to play. You may nut ~ve the restrooms or the water fountains - there a lot of other fields in this county that do not have these facilities either. The town should grade the fields, seed them and make them ready to play and then add the facilities later. Leesburg desperately needs the ballfields. The community can do a lot - I am willing to help and ! am sure there are a lot of other people who will help. Mr. Clyde Sexton, a resident of 111 Oak View Drive, said that he has been involved with the Central Loudoun Youth Football for 14 years as a volunteer. He is now involved with the Loudoun County Parks and Recreation Youth Sports Advisory Board. We wish to appeal to the Town Council to reconsider and go ahead and put these fields in now. The youth in Leesburg need a place to play. Many of the subdivisions have no facilities for the children to play. Mr. Ter .fy Titus, a resident of 805 Wage Drive, addressed the Council. He asked that the Council consider the tax payer when considering town projects and priorities. Many of these projects are vitally needed. Consider the projects in the older section of town that are long overdue. This is a good document. I object strongly to the town continuing to act as a benefactor to Dodona Manor. Can we afford this million dollar gift. This is an admirable project but not one for the Town of Leesburg to take on. The state and the federal government should be involved - not the Town of Leesburg. I urge Council to remove this from the CIP. I support Ida Lee Park and ask Council to continue to support it, but be careful with the availability of the revenue. You have an opportunity to get the funds for this facility that the citizens are asking for from the Dodona Manor project - take the opportunity - $1 million. Reconsider the priority for the bike trail from Chancellor Street and the one on Anne Street. The bypass widening is needed. The widening of Edwards Ferry Road also needs to be done. The Country Club Drive entrance - I suggest extending it into the entrance of Linden Hill. The Loudoun Street storm drainage project is long overdue - it needs to be done as soon as possible. Same with the South King Street sidewalk. Consider the sidewalk from the high school along Wage Drive before a child gets hurt. The western pressure zone project is important and is moving right along and should be given full support. This town is gifted with an opportunity to show its appreciation to Mr. Philip Brownrigg - he served this town well. Mr. Gus Glukis, President of the Central Loudoun Youth Football League. He said that all of the former speakers, tonight, have supported what he wanted to say about the youth in Loudoun County. We need places to play. We are often dictated to when we can and cannot play - it has made it extremely difficult and stressful on all of our coaches. The attendance work sheet for February 28, 1990 for the Leesburg school system reports that Leesburg has a total of 3,478 children. In Sterling, Virginia, there are two categories, with 3,741 and 4,172 children. We need to take these figures into consideration. In Purcellville there are 2,889 students. These children are our future and we need to look out for them. They need a place to play. He recommends that Council reconsider and try to provide a place for these children. Mayor Sevila thanked all the speakers for their comments and facts on the issues presented. He has been involved in little league sports for most of the 1980s. He was very proud, as a Town Council member, when the gift of Ida Lee Park was made public. We are going to need a good explanation if we don't have use of those ball fields for another 3 or 4 years. We need to examine our policy very carefully before we decide that we are not going to continue with the commitment to the citizens and to the youth that we have made through our previously adopted CIP. I know these coaches, commissioners and moms and dads, associated with little league sports, have relied and looked forward to these fields. The Mayor asked that staff prepare a summary of the comments, tonight, and schedule a review of these comments and concerns at the Administration and Public Works Committee 97 Minutes of March 27, 1990 meeting of April 4, 1990. Mayor Sevila said that one of the problems that the town has a fledgling parks and recreation department. We only have two full time staff people. Loudoun County has been spending millions of dollars in recreation for the last 25 years. It will be difficult for the town to solve all of the county's recreation problems in two short years. Our operating budget is going from $50,000 to $600,000 a year. It is important to recognize that this is not a pay-as-you-go project. The recreation center will not pay for itself. In fact, the recreation center will not pay one dime toward the retirement of the debt which almost $450,000 a year. All tax payers will pay $450,000 a year as a debt service alone on Ida Lee Park. The plan that was approved by the parks commission only shows that the town will fund 80% of the operating and maintenance expenses. That leaves about $200,000 that tax payers will have to fund. There is no question about the need for these facilities. The need is absolutely there. Maybe we can phase the plan in a variety of ways. We will be looking at these options along with some innovative alternatives and other choices other than saying we will do $600,000 next year and let the tax rate go what it may or no we can't do anything until 1995. Certainly there is a middle ground and we will try to find it and present it to Council, next week. Mr. Lovin said that he was sympathetic to the desires of the people that spoke on the recreation facilities and is supportive of the Phase II improvements. He commented on Mr. Turner's comments regarding the ILS. He stated that having an ILS system does not necessarily attract more air service. An ILS system is safety and will add to the safety of landings and movement by aircraft. With regard to aircraft landing at all hours of the day or night, there are ways to control this through cm~ews. Insurance rates, for airports that have a runway at 5500 feet and don't have an ILS system, are very high. Mr. Lovin encouraged the public to attend the Airport Commission meetings. The ILS system has both good advantages and some disadvantages. The comments regarding Dodona Manor - those funds are a pledge that are tied to time constraints should the fund raising efforts for Dodona Manor fall - that money is back in the treasure of the Town of Leesburg. It is a noble cause and I am hopeful that we will be successful in the fund raising efforts for Dodona Manor. Mr. Mulokey thanked all the speakers for coming tonight. These comments point out the difficulty of the decisions that Council have to make. I am sure we will find some way to get some phase of Ida Lee Park started. Mr. Clem understands that we may possibly lose the fields at JR's. We should find out what the legal agreements are and find out what course of action the town might take to help the little league. Mayor Sevila said that he works as legal counsel to the little league and has been working with the sellers and purchasers of that property to ensure that if Festival Lakes is used for development then the developer at its expense will relocate the park in a comparable facility. The lose of those 3 fields would be critical. Mr. Tolbert said that 8 years ago he and the Mayor attended a mock council meeting of the Loudoun County High School. The issue then was a swimming pool. The mock council voted for a complete park, not just a swimming pool. Mr. Tolbert supports the comments and concerns of the citizens that spoke tonight. Mrs. Forester whole heartedly supports anything that we can do to continue in Phase II of Ida Lee Park. She looks forward to Mr. Minor's innovative solutions and any solutions from the community in terms of trying to move Phase II along. She has a son involved in youth sports and knows how important this is. This is an important need not only in our community but county wide. Mayor Sevila once again thanked all the speakers for their comments. They were well prepared and received and will be considered and will be a part of the Council's deliberation. Public participation in these public hearings is very important to the Council. The public heating was dosed. Mayor Sevila said the Council will receive public comment in writing for a period of ten days. On motion of , seconded by , this matter was referred to the Administration and Public Works Committee meeting of April 4, 1990. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Councilmember Kimball Councilmember's comments Mr. Mulokey wished to remind everyone of the Town's election. April 6, at 5:00 p.m., is the deadline to register to vote for the May 1, 1990, election. He has enjoyed his participation in town government. During the next few weeks, Multi Vision will be conducting extensive system audits to improve the quality of the pictures. There may be some momentary interruption in your service. Mr. Lovin complimented Mr. Minor and staff on the Annual Report. Mr. Mulokey concurred - it is a very nice document. 98 Minutes of March 2?, 1990 meeting of April 4, 1990. Mayor Sevila said that one of the problems that the town has a fledgling parks and recreation department. We only have two full time staff people. Loudoun County has been spending millions of dollars in recreation for the last 25 years. It will be ~ifficult for the town to solve all of the county's recreation problems in two short years. Our operating budget is going from $50,000 to $600,000 a year. It is important to recognize that this is not a pay-as-you-go project. The recreation center will not pay for itself. In fact, the recreation center will not pay one dime toward the retirement of the debt which almost $450,000 a year. All tax payers will pay $450,000 a year as a debt service alone on Ida Lee Park. The plan that was approved by the parks commission only shows that the town will fund 80% of the operating and maintenance expenses. That leaves about $200,000 that tax payers will have to fund. There is no question about the need for these facilities. The need is absolutely there. Maybe we can phase the plan in a variety of ways. We will be looking at these options along with some innovative alternatives and other choices other than saying we will do $600,000 next year and let the tax rate go what it may or no we can't do anything until 1995. Certainly there is a middle ground and we will try to find it and present it to Council, next week. Mr. Lovin said that he was sympathetic to the desires of the people that spoke on the recreation facilities and is supportive of the Phase II improvements. He commented on Mr. Turner's comments regarding the ILS. He stated that having an ILS system does not necessarily attract more air service. An ILS system is safety and will add to the safety of landings and movement by aircraft. With regard to aircraft landing at all hours of the day or night, there are ways to control this through curfews. Insurance rates, for airports that have a runway at 5500 feet and don't have an ILS system, are very high. Mr. Lovin encouraged the public to attend the Airport Commission meetings. The ILS system has both good advantages and some disadvantages. The comments regarding Dodona Manor - those funds are a pledge that are tied to time constraints should the fund raising efforts for Dodona Manor fail - that money is back in the treasure of the Town of Leesburg. It is a noble cause and I am hopeful that we will be successful in the fund raising efforts for Dodona Manor. Mr. Mulokey thanked all the speakers for coming tonight. These comments point out the difficulty of the decisions that Council have to make. I am sure we will find some way to get some phase of Ida Lee Park started. Mr. Clem understands that we may possibly lose the fields at JR's. We should find out what the legal agreements are and find out what course of action the town might take to help the little league. Mayor Sevila said that he works as legal counsel to the little league and has been working with the sellers and purchasers of that property to ensure that if Festival Lakes is used for development then the developer at its expense will relocate the park in a comparable facility. The lose of those 3 fields would be critical. Mr. Tolbert said that 8 years ago he and the Mayor attended a mock council meeting of the Loudoun County High School. The issue then was a swimming pool. The mock council voted for a complete park, not just a swimming pool. Mr. Tolbert supports the comments and concerns of the citizens that spoke tonight. Mrs. Forester whole heartedly supports anything that we can do to continue in Phase II of Ida Lee Park. She looks forward to Mr. Minor's innovative solutions and any solutions from the community in terms of trying to move Phase II along. She has a son involved in youth sports and knows how important this is. This is an important need not only in our community but county wide. Mayor Sevila once again thanked all the speakers for their comments. They were well prepared and received and will be considered and will be a part of the Council's deliberation. Public participation in these public hearings is very important to the Council. The public hearing was closed. Mayor Sevila said the Council will receive public comment in writing for a period of ten days. On motion of, seconded by , this matter was referred to the Administration and Public Works Committee meeting of April 4, 1990. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Absent~ Councilmember Kimball Councilmember's comments Mr. Muloke¥ wished to remind everyone of the Town's election. April 6, at 5:00 p.m., is the deadline to register to vote for the May 1, 1990, election. He has enjoyed his participation in town government. During the next few weeks, Multi Vision will be conducting extensive system audits to improve the quality of the pictures. There may be some momentary interruption in your service. Mr. Lovin complimented Mr. Minor and staff on the Annual Report. Mr. Mulokey concurred - it is a very nice document. 99 Minutes of March 27, 1990 Mr. Lovin and Mr. Mulokey were present at Saturday's Listening Session. The Board of Architectural Review will be meeting twice a month. Mr. Lovin encourages citizens to attend. He reminded everyone of the relocation of 6 and 8 Loudoun Street. which will take place this Sunday morning. Mr. Clem hopes that all appropriate resolutions have been sent to the county with regard to the Dui]es Toll Road. Mr. Ritenour brought various concerns forward and we need to support them. Mr. Clem said we should prepare a resolution in support of the phone system. It looks like a good system for the citizens as well as the businesses. He attended the BAR site meeting on Friday. It was a productive meeting. Mrs. Forester reported that the Planning Commission held an early workshop, last week, where Ms. Peggy Fisher, Chairman of the Goose Creek Scenic River Advisory Board gave a workshop on water conservation and other environmental issues. The Planning Commission forwarded their budget request to Mr. Minor and held a public hearing on the CIP. Members of the Planning Commission will be attending a meeting with the county to discuss Leesburg's goals as they relate to the county's General plan. Mrs. Forester wished to congratulate Mr. Minor ont he Annual Report. It was a fine job and is an asset to the town. Mr. Tolbert reported on a very productive meeting of the Environmental Ad~isory Commission. He took a tour of Ida Lee Park and reported that things are really shaping up. He also visited the Georgetown Park. Manager's Report Mr. Minor noted that the Council did receive a copy of the written Activity Report. He said that an annual report has been the goal of the town for about 3 years. We have had it consistently in our budget and without our public information officer Susan Farmer it would not have been possible. All of the credit for the Annual Report belongs to Susan Farmer. Mr. Minor wished Councilmember Lovin a Happy Birthday. Mayor's Report Mayor Sevila said that he coaches an eight grade all star basketball team. His team won the Loudoun County Championship. We were undefeated and received, from parks and recreation, a beautiful trophy which was presented to the eight grade boys on the team at Simpson Middle School. The season is not over and Mayor Sevila wished to extend an invitation to everyone to attend this Thursday evening game, 8:30 p.m., at Parkview. They are playing in the Northern Virginia State Tournament. If we win on Thursday and Saturday we will go to the state championships in Roanoke. Legislation On motion of Mr. Clem, seconded by Mr. Tolbert, items 10(a) and 10(1) in the agenda were referred back to the April 4, 1990 Planning and Zoning Committee and Administration and Public Works Committee for further consideration. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Councilmember Kimball On motion of Mr. Clem, seconded by Mr. Mulokey, the following ordinances and resolutions were proposed as consent items and unanimously adopted. 90-0-7 - ORDINANCE - AMENDING SECTION 2-20 OF THE TOWN CODE REGARDING THE TIME AND PLACE OF REGULAR COUNCIL MEETINGS WHEREAS, the current council chambers building is scheduled for demolition by June 1, 1990 to make room for the construction of the municipal parking facility; and WHEREAS, the Loudoun County School Superintendent has authorized the use of the School Board meeting room at 102 North Street for council meetings during the completion of the municipal government center; and WHEREAS, the School Board meeting room is unavailable on the second and fourth Tuesday of each month: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: 100 Minutes of March 27, 1990 SECTION I. Section 2-20 of the Town Code, Time and Place of Regular Meetings, is hereby amended to read as follows: Section 2-20. Time and Place of Regular Meetings. The council shall meet in formal session at 7:30 p.m. on the second and fourth Wednesdays in each month in the Ccun~;-! Ch~mbz~ School Board Meeting Room at 102 North Street or at such time and place as the council has determined from time to time. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be effective from June 1, 1990. 90-0-8 - ORDINANCE - AMENDING SECTION 13-19 OF THE TOWN CODE REGARDING THE MEETING PLACE FOR THE PLANNING COMMISSION WHEREAS, the current council chambers building is scheduled for demolition by June 1, 1990 to make room for the construction of the municipal parking facility; and WHEREAS, the Loudoun County School Superintendent has authorized the use of the School Board meeting room at 102 North Street for planning commission meeting~ during the completion of the municipal government center: follows: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 13-19 of the Town Code, Meeting Place is hereby amended to read as Section 13-19. Meeting Place. The commission and its committees shall meet regularly in the Tzv:n Czunc~.! Chin.tubers cr ecnfcrcncc r~cm ~ 19 V. rc~t L~'a~un Str~t School Board Meeting Room at 102 North Street but may meet elsewhere from time to time if required in the course of business. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be effective from June 1, 1990. 90-54 - RESOLUTION - INITIATING AMENDMENTS TO THE LEESBURG SUBDMSION AND LAND DEVELOPMENT REGULATIONS RELATED TO THE CREATION OF PIPESTEM LOTS WHEREAS, this Council has found that Leesburg's pipestem regulations are less restrictive than neighboring jurisdictions and are often undesirable when developed adjacent to existing neighborhoods; and WHEREAS, this Council desires to limit the use of pipestem lots to situations where their approval will preserve natural features or reduce vehicular access points to non-local streets; and WHEREAS, Leesburg citizens have petitioned this Council to request modifications to the town's pipestem regulations: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment to Section 1375(d) of the Leesburg Subdivision and Land Development Regulations is hereby initiated, said amendment to read as follows: (d) Lots, to be known as pipestem lots, may be approved which do not meet yard and lot width requirements of the zoning regulations provided the proposed lots will preserve natural features which through standard lot layout would be lost or the proposed lots will reduce vehicular access points to non-local streets.er +~ ........ ~ ~+ ..... ;+ ~^++ .... *~'~*;^~ ~; ..... '~'~' ~ +~-~+~ ~- "_.u ;.nfl!! b~;-~. The stem of a pipestem lot is a narrow strip of ]and connecting the bui]dable portion of the lot with a street for the purpose of providing vehicular, pedestrian and utility access. Every pipestem lot shall comply with the following standards: lOtS, (1) The minimum overall area for a subdivision containing pipestem lots shall be four acres. (2) No more than five pipestem lots shall abut. (3) The maximum distance between the abutting public or private street and the front building line on any pipestem lot shall be 250 lineal feet. (4) The stem of any pipestem lot shall be excluded from the computation of lot area in determining compliance with zoning regulations. (5) The front, side and rear building lines for all pipestem lots shall be shown on the final plat. (6) The minimum width of the stem of a pipestem lot separated from any other pipestem lot shall be 20 feet. The minimum combined width of adjacent stems of pipestem where a common driveway or accessway is to be provided, shall be 20 feet. The width of 101 Minutes of March 27, 1990 adjacent stems of pipestem lots where separate driveways or accessways are to be provided shall be 20 feet. (7) No more than two pipestem lots shall be served by a stem. SECTION II. A joint public hearing with the Leesburg Planning Commission on this amendment shall be held at 7:30 P.M. on April 24, 1990, in the Council Chambers, 10 Loudoun St., S.W., Leesburg, VA. pursuant to Section 15.1-431 of the 1950 Code of Virginia, as amended. The clerk shall give notice of this hearing by advertisement in the April 5 and April 12 editions of the Loudoun Times-Mirror and shall advise the Planning Commission of the purpose, time and date of the hearing. SECTION III. The Planning Commission is requested to report its recommendation to the Town Council on the evening of the hearing. 90-55 RESOLUTION INITIATING AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE REGARDING PIPESTEM LOTS WHEREAS, this Council has found that Leesburg's pipestem regulations are less restrictive than neighboring jurisdictions and are often undesirable when developed adjacent to existing neighborhoods; and WHEREAS, this Council desires to limit the use of pipestem lots to situations where their approval will preserve natural features or reduce vehicular access points in non-local streets; and WHEREAS, Leesburg citizens have petitioned this Council to request modifications to the town's pipestem regulations; and WHEREAS, limitations on the number of lots to be served by a stem are more appropriately placed in the Leesburg Subdivision and Land Development Regulations. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment to Section 8-2-11-9 of the Leesburg Zoning Ordinance is hereby initiated, said amendment to read as follows: 8-2-11-9 Pipestem and Irregular Lots. Main buildings and accessory structures on pipestem or irregular lots subdivided under Sections 13-75 or 13-91 of the Town Code shall be located within the building lines shown on the final plat of the subdivision in which the lot is located. Required off- street parking on pipestem lots shall not be located on the stem portion of the lot or common driveway serving more than one pipestem lot. Required off-street parking on pipestem lots shall be connected to a street by a driveway with a minimum pavement width of 14 feet which shall be paved as required by the Leesburg Public Facilities The provisions of Section 2-7-1(o) of this ordinance shall not apply to lots authorized by this Section. SECTION II. A joint public hearing with the Leesburg Planning Commission on this amendment shall be held at 7:30 P.M. on April 24, 1990, in the Council Chambers, 10 Loudoun St., S.W., Leesburg, VA. pursuant to Section 15.1-431 of the 1950 Code of Virginia, as amended. The clerk shall give notice of this hearing by advertisement in the April 5 and April 12 editions of the Loudoun Times-Mirror and shall advise the Planning Commission of the purpose, time and date of the hearing. SECTION III. The Planning Commission is requested to report its recommendation to the Town Council on the evening of the hearing. 90-56 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR SETTING FEES AT THE IDA LEE PARK RECREATION CENTER WHEREAS, the mission of the Ida Lee Park Recreation Center is to provide all leesburg and Loudoun County resident with first quality recreation facilities and programs and to operate the facilities and programs in an efficient business manner, which will ensure that fees pay 80% of the town's operating and maintenance budget for the center, thereby decreasing dependability on other general fund revenues; and WHEREAS, the proposed Ida Lee Park Marketing and Business Plan proposes a fee program to meet the programmatic and fiscal goals of the center; and WI-IE~, the Parks and Recreation Advisory Commission has reviewed the Marketing and Business Plan and has recommended the document for adoption by Council; and WHEREAS, Town Council seeks public input regarding the proposed fee schedule: 102 Minutes of March 27, 1990 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider fees for Ida Lee Park Recreation Center shall be published in the Loudoun Times-Mirror on April 4, 1990, for public hearing on April 10, 1990, at 7:30 p.m., in the Council Chambers, 10 Loudoun Street. S.W., Leesburg, Virginia. 90-57 RESOLUTION - REQUESTING VIRGINIA DEPARTMENT OF TRANSPORTATION FUNDING FOR HIGHWAY PROJECTS WITHIN THE TOWN OF LEESBURG IN THE VDOT SIX-YEAR IMPROVEMENTS PROGRAM FOR FISCAL YEARS 1990-91 THROUGH 1995-96 WHEREAS, the Virginia Department of Transportation (VDOT hereinafter) is revising the Six- Year Improvements Program for fiscal years 1990-91 through 1995-96; and WHEREAS, VDOT will be conducting a preallocation heating on April 20, 1990, in Fairfax City to determine funding for urban system and primary system projects in the Northern Virginia construction district; and WHEREAS, it is necessary that a request, by Council resolution, be made before VDOT allocates funds in the Six-Year Improvements Program for urban system projects; and WHEREAS, the Plaza Street extension project" and the widening of Catoctin Circle from South Street to King Street are already in the VDOT Six-Year Plan; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. VDOT is requested to establish the following projects as part of its Six-Year Plan: Priori ,ty Prqiect Description Plaza Street Extension from East Market to Sycolin Road at Rockbridge Drive, a distance of approximately 2700 feet. Widen Catoctin Circle from South Street west of South accommodate four travel lanes and a turning lane for approximately 3300 feet. King Street to a distance of Catoetin Circle Extension from existing terminus north of East Market Street to Edwards Ferry Road, a distance of approximately 550 feet. SECTION II. The town agrees to pay its share of the total costs for preliminary engineering, right-of-way and construction of these projects in accordance with Section 33.1-44 of the Code of Virginia, as amended and that" if the Council subsequently elects to stop or c~ncel any of the projects, the town hereby agrees to reimburse VDOT for the total amount of the costs expended by VDOT through the date VDOT is notified of such suspension or cancellation. SECTION l/I. VDOT is requested to establish as a primary system project for acquisition of right-of-way for the completion of the grade-separated interchange at the Route 7/Route 15 intersection on the east end of town for the following reasons: 1. Development within the required right-of-way is eminent. The current interchange is beyond capacity at peak hours and future traffic from local and regional growth continues to escalate traffic problems at this intersection. This project is included in the corridor study submitted by VDOT to the Town of Leesburg and approved by the Leesburg Town Council. Acquisition of this fight-of-way prior to development of the property will save an estimated $8 million in tax payers' money. 90-58 - RESOLUTION - AUTHORIZING A LEASE FOR OFFICE SPACE TO REPLACE THE OFFICES AT 10 WEST LOUDOUN STREET WHEREAS, the current council chambers and offices at 10 West Loudoun Street are scheduled for demolition by June 1, 1990 to make room for the construction of the municipal parking facility; and WHEREAS, current town office facilities at the public works facility and 10 South King Street can accommodate the majority of the employees currently at 10 West Loudoun Street; and WHEREAS, the appropriate amount of office space is available at 17 Wirt Street" SW for a short term lease until the municipal government center is completed; and WHEREAS, the space is available at a reasonable rate: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 103 Minutes of March 27, 1990 The manager is authorized to execute a lease agreement, in a form approved by the town attorney, with Richard C. Rodgers/Cabe Associates for approximately 275 square feet of office space at 17 Wirt Street. SW from May 15, 1990 until the municipal government center is complete. 90-59 RESOLUTION AUTHORIZING A TIME EXTENSION OF THE PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR POTOMAC CROSSING SECTION 1G WHEREAS, the Grimm Company, the developers of Potomac Crossing Section 1G have not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two year period agreed to in the contract for public improvements; and WHEREAS, almost all the housing units in the subdivision have been sold by the builder and are occupied; and WHEREAS, the letter of credit from United Savings Bank dated March 31, 1988, which guarantees the installation of public improvements, in the amount of $84,621.00 will expire in March 31, 1990; and / WHEREAS, a new letter of credit from United Savings Bank in the amount of $84,621.00 has been provided by the developer to guarantee installation of the remaining public improvements for Potomac Crossing Section 1G; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $84,621.00 to guarantee installation of the remaining public improvements: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from United Savings Bank in the amount of $84,621.00 in a form approved by the Town Attorney and an extension of 90 days for the installation of public improvements are hereby approved. SECTION ri. In 'the event the public improvements in Potomac Crossing Section 1G are not satisfactorily completed, as determined by Director of Engineering and Public Works, prior to June 20, 1990, the Town Manager is hereby authorized to declare the developer in default of his contract and the manager is authorized to request payment pursuant to the letter of credit from United Savings Bank. 90-60 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR CARDINAL INDUSTRIAL PARK LOTS 5 AND 6 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Cardinal Industrial Park Lots 5 and 6. SECTION ri. The extension of municipal water and sewer for Cardinal Industrial Park Lots 5 and 6 is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The irrevocable bank letter of credit in a form approved by the town attorney from Maryland National Bank, Vienna, Virginia office in the amount of $245,000.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Cardinal Industrial Park Lots 5 and 6. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Councilmember Kimball On motion of Mr. Tolbert, seconded by Mr. Lovin, the following resolution was proposed and unanimously adopted. 90-61 - RESOLUTION - ENDORSING THE MAYOR'S LETTER OF FEBRUARY 23. 1990, IN SUPPORT OF NVCOMMERCIAL'S OFFER TO REDUCE ITS COST FOR THE PROPOSED CONSOLIDATED COUNTY GOVERNMENT COM~PLEX BY $1.525 MILLION, CONDITIONED ON RELEASE OF THE 66-ACRE HIGH SCHOOL SITE PROFFER WHEREAS, this Council considers retention of the county government, including the Board of Supervisors hearing room and offices, county administrator's office, and the principal offices of the agencies and departments of the county now located in Leesburg to be of utmost importance to the future of the Town of Leesburg and its relationship with Loudoun County; and WHEREAS, NVCommercial has tendered a proposal to the Loudoun County Board of 104 Minutes of March 27, 1990 Supervisors to develop the proposed consolidated county government complex at the Stratford Planned Development within Leesbur~, and WHEREAS, this Council supports the Stratford proposal to develop the consolidated county complex on this property; and WHEREAS, Mayor Sevila submitted a letter to NVCommercial supporting its offer to the Board of Supervisors to reduce the cost of the Stratford site by $1.525 million in exchange for a future release of the 66-acre high school site, presently located in Loudoun County outside of the Town of Leesburg; and WHEREAS, this Council desires to formally endorse the Mayor's letter and to convey to the Board of Supervisors its commitment to comply with the Annexation Area Development Policies relative to the acquisition and dedication of public school sites. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. This Council endorses Mayor Sevila's letter of February 23, 1990, to Mr. Matthew Slepin of NVCommercial. If this offer is accepted by the Board of Supervisors, the town remains fully committed to the Annexation Area Development Policies relative to acquisition of an alternative high school site of equal or better value and location and will transfer this site to the Loudoun County Board of Supervisors not later than upon receipt of a Board of Supervisors resolution confirming that the proposed high school will be built on the site within two years and that county funds are so designated, these being the conditions set forth in the AADPs. SECTION II. The Town Manager is authorized to transmit a copy of this resolution to the County Board of Supervisors, County Administrator, Loudoun County Board of Education, County Superintendent of Schools, the Staubach Company and NVCommercial. Mayor Sevila said that things were moving fast during the week of the hearing, in February, before the Board of Supervisors. In order to enhance the attractiveness of its site to the County. The Landsdowne people made a proposal that if the county would relieve them of the responsibility of providing a public facilities site at Landsdowne, they could reduce the overall cost of their proposal to the county by about $1.5 million. That put the Landsdowne offer below the offer of the Leesburg Stratford site. It was appropriate that the Council react in a similar way. At the suggestion of Mat Slepin of NVCommercial, we had a 66 acre site which translated in to about $1.525 million and said that if they were similarly relieved of the responsibility, as Landsdowne was proposed to be, that they could also reduce their offer by a similar amount. When the Mayor verbally indicated to the county that this was something that the town could go along with, he was requested to put this in writing, which was done immediately and have since then been requested to provide the county with a resolution that, that is a statement backed by the entire Council. Mr. Minor said that this was the big distinction between the Stratford offer and the Landsdowne offer, that is, with the Lansdowne offer they retain some intensely zoned property. They now own this property. Instead of this property being a site for the Board of Education or a public park it would be land that Lansdowne could develop. That is not true with the Stratford proposal because the county loses nothing. Stratford retains 66 acres of A-3 land in the county and reduce their offer by $1.525 million. The town remains contractually committed under the AADP's to find the county a site when they need it. The county must depend on the town in the future to meet its obligations for a variety of public facility needs not just a high school. We will have to find, for the county, future elementary schools, middle schools and other public facility sites. So if the county can depend on the town to meet that obligation - I think there is no question that they can depend on us to find a high school site. Mrs. Forester stated that she has been advised by the Deputy Town Attorney to enter the following statement into the record: I am a teacher. I do make more then $10,000.00, however, I can make a decision on this issue in the public interest. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Councilmember Kimball On motion of Mr. Clem, seconded by Mr. Mulokey, the following resolution was proposed and unanimously adopted. 90-62 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR REZONING APPLICATION #ZM-114 BY GEORGELAS & SONS, INC. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider rezoning application #ZM-114 by Georgelas & Sons, Inc. shall be published in the Loudoun Times-Mirror. The notice shall be published on April 19, 1990 and April 26, 1990 for public hearing on May 8, 1990 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia. 105 Minutes of March 27, 1990 Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Councilmember Kimball On motion of Mr. Tolbert, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. 90-63 - RESOLUTION - PROCLAIMING APRIL 28 AS THE OFFICIAL ARBOR DAY FOR THE TOWN OF LEESBURG WHEREAS, trees are a valuable resource; and WHEREAS, the planting of trees can enhance the beauty of our town, contribute to energy conservation, clean air, purify water, attenuate noise, and serve as an important resource for future generations; and WHE~, Arbor Day marks a time to consider and appreciate the value of trees among all the residents of the community; and ? WHEREAS, the Town of Leesburg has obtained Tree City, USA status; and WHEREAS, the week of April 22-29 is recognized as the National Celebration of the Outdoors: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: April 28 is hereby proclaimed as the official Arbor Day of the Town of Leesburg for 1990. Mayor Sevila urged the media to get the word out on this day of celebration. He noted that the date has been changed from a school day to a weekend to encourage participation by school children. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert an Nay: None Absent: Councilmember Kimball ~or Sevila Mr. Mulokey made the following motion: Pursuant to Section 2.1-344 of the Code of Virginia, I move that the Leesburg Town Council go into Executive Session. The authority for this Executive Session is found in Section 2.1-344(a) Subsection (1) of the 1950 Code of Virginia, as amended. The public business matters to be discussed are personnel matters relating to an appointment to the Environmental Advisory Commission. The motion was seconded by Mr. Lovin. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Councilmember Kimball Mr. Tolbert made the following motion: I move that the Executive Session be adjourned, that the Leesburg Town Council reconvene its public meeting and that the minutes of the public meeting reflect that no formal action was taken in the Executive Session. The motion was seconded by Mrs. Forester. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Councilmember Kimball On motion of Mrs. Forester, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted. 90-64 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF MARCH 27, 1990 WHEREAS, the Town Council of the Town of Leesburg has this day convened in Executive Session in accordance with an affirmative recorded vote of the Town Council of the Town of Leesburg and in accordance with the provisions of the Virginia Freedom of Information Act: NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Leesburg does hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification applies; and 2) only such public business matters as were identified in the Motion by which the said Executive Session was convened were heard, discussed or considered by the Town Council of the Town of Leesburg. 106 Minutes of March 27, 1990 Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Councilmember Kimball On motion of and duly seconded, the meeting was adjourned. ltobert'E-S~v~_~a, l~ayor Clerk of Council