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HomeMy Public PortalAbout1991_09_24MINIYTF~ OF THE SPECIAL MEETING OF THE LEESBURG TOWN COUNCIL September 24, 1991 A special meeting of the Leesburg Town Council was held in the Council Chambers, 25 West Market Street, Leesburg Virginia on September 24, 1991, at 6:30 p.m. The meeting was called to order by Mayor Sevila. This meeting was called pursuant to a notice sent out last week, and also stating that the Airport Commission was also asked to attend this special meeting. Mayor Sevila asked that the Chairman of the Airport Commission report on the attendance of the Airport Commi~ion. Chairman Stanley Ca~_~lkins reported that the following members were present: Chairman Cauli~ius, Commissioners: Claude Arthur, William Haun, Dewey Hill, Whitney Jackson and Donald Kimball. (Commissioners Wade and Gregg were absent.) Councilmembers present for this meeting were: Mayor Sevila; Councilmembers: Georgia Bange, James E. Clem, Christine Forester, Donald A. Kimball, Claxton E. Lovin and W-dliam F. Webb. Staff members present were: Acting Town Manager Paul York and Assistant Town Manager Peter Stephenson. Mayor Sevila announced that the purpose of the special meeting is consideration of the F.B.O. lease to Professional Pilots Services at the south end of the runway. Councilmember'Kimball stated he felt that the meeting should start out with an executive session to hear from the Commission and then reconvene in a public session. He then made a motion to convene in executive session. This motion was seconded by Councllmember Forester, who amended the motion to include the Town Attorney to be present for the Executive Session. Councilmember Kimball agreed to this amendment. The amended motion is shown below: Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the Town Council of the Town of Leesburg convene in Executive Session. The authority for this executive session is found in Section 2.1-344(a)(3) of the 1950 Code of Virgiuia, as amended. The purpose for this executive session is to discuss the lease and/or disposition of real property at the Leesburg Municipal Airport now occupied by Professional Pilots Services. The Acting Town Manager, the AssistAnt Town Manager for Economic Development and Administration, Town Attorney, Deputy Town Attorney and Airport Commission members present are requested to remain for the meeting. Councilmember Lovin stated he would not support the motion, stating that he did not feel an executive session was necessary, stating further that the Airport Commission can speak publicly on the matter that the purpose is not to negotiate a monetary situation. There was no further discussion, the vote on the motion was: Nay: Councilmembers Bange, Forester, Kimball and Mayor Sevila Councilmembers: Clem, Lovin and Webb Mayor Sevila assured the members of the public present for this meeting that the discussion will be limited to those items included in the motion and that the Council will reconvene back in public session as quickly as possible. Stanley Caulkins then made the following motion: Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the Airport Cornwi~on of the Town of Leesburg convene in Executive Session. The authority for thi~ executive session is found in Section 2.1-344(a)(3) of the 1950 Code of Virginia, as amended. The purpose for this executive session is to discuss the lease and/or disposition of reai property at the Leesburg Municipal Airport now occupied by Professional Pilots Services. The Acting Town Manager, the Assistant Town Manager for Economic Development and Administration, Town Attorney, Deputy Town Attorney and Town Council members present are requested to remain for the meeting. This motion was seconded by Dewey Hill and approved unanimously by those members of the Commission present. (The Council and all others named in the motion then adjourned to the Council Meeting room for the Executive Session.) At approximately 7:00 p.m. the Council and the Airport Commission reconvened in public session. Dewey Hill of the airport Commission moved that the Executive Session of the Leesburg Airport Commission be adjourned and that the Commission reconvene its public meeting and that the minutes of the public meeting reflect that no formal action was taken in Executive Session. This motion was seconded by Mr. Jackson. The Roll Call vote on this motion is shown below: Nay: Absent: Caulkins, Arthur, Haun, Hill, Jackson None Gregg and Wade Mr. Hill then moved that the Resolution Certifying the Executive Session be adopted and reflected in the minutes of the public meeting. This motion was seconded by Mr. Jackson. The roll c~_~ll vote on this motion is shown below: 2 Nay: Absent: Caulkins, Arthur, Haun, Hill, Jackson None Gregg and Wade Certi~ing Resolution WHEREAS, the Airport Commission of the Town of Leesburg has this day convened in Executive Session in accordance with an affirmative recorded vote of the Commission and in accordance with the provisions of the Virginia Freedom of Information act: NOW, THEREFORE, BE IT RESOLVED that the Airport Commission 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 the 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 Airport Commission of the Town of Leesburg. Councilmember Kimball made the following motion: I move that the Executive Session be adjourned, that the Town Council of the Town of Leesburg reconvene its public meeting and that the minutes of the public meeting reflect that no formal action was taken in the Executive Session. This motion was seconded by Councilmember Forester. The roll call vote on this motion is shown below: Nay: Bange, Clem, Forester, Kimball, Lovin, Webb & Sevila None 91-205 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF SEPTEMBER 24, 1991 Councilmember Kimball then moved that the Resolution certifying the executive session be adopted and reflected in the minutes of the public meeting. This motion was seconded by Councilmember Forester. The roll call on the certifying resolution is shown below: Aye: Bange, Clem, Forester, Kimball, Loving, Webb & Sevila Nay: None 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 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. Mayor Sevila then asked staff member Peter Stephenson to give a brief summary of the status with respect to the lease for Professional Pilots Services. Mr. Stephenson then outlined the current status explaining that a new lease would have to be executed. He stated that staff does recommend the negotiation of a month-to-month lease with a 30-day notice. He reported that the Airport Commission has also recommended that such a lease be executed. Mayor Sevila asked Chairman Caulkins to comment on the staff report. Mr. Caulkins confirmed that the Airport Commission is in agreement with the staff recommendation. Mayor Sevila then announced that the matter of a month-W-month lease is on the agenda of the regular meeting scheduled following this special meeting. He thanked the members of the Airport Commission for coming to this meeting and acknowledged the large turnout at this meeting and also the large number of letters received regarding this matter speaking on behalf of Mr. Leckey and his operation and urging the Town to favorably consider his request for an extension. On motion of Mr. Clem seconded by Mr. Lovin, the Council voted unanimously to adjourn this special meeting of Council at 7:32 p.m. The Airport Commission also voted unanimously to adjourn at this time. RoBert E. Sevil~, qVIayor Mary R. Mack, Clerk Pro Tem MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL September 24, 1991 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 25 West Market Street~ Leesburg, Virginia on September 24, 1991, at 7:30 p.m. The meeting was called to order by Mayor Sevila, with the invocation given by Councilmember Kimball and the Salute to the Flag led by Councilmember Bange. Present were: Mayor Robert E. Sevila, Councilmembers: Georgia W. Bange, James E. Clem, Chris~dne M. Forester, Donald A. Kimball, Claxton E. Lovin and William F. Webb. Also present were: Acting Town Manager and Director of Finance Paul E. York, Assistant Town Manager Peter Stephenson, Director of Planning, Zoning and Development Michael Tompkins, Director of Utilities Randolph W. Shoemaker, Director of Engineering and Public Works Thomas A. Mason, Public Information Officer Susan Farmer, Deputy Town Attorney Deborah Welsh and Clerk of Council Pro Tern Mary Mack. On motion of Councilmember Clem, Seconded by Councilmember Forester, the Council voted unanimously to consider item 9(d) out of turn and consider it at this time. 91-206 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A MONTH-TO-MONTH LEASE WITH PROFESSIONAL PILOT SERVICES AT LEESBURG MUNICIPAL AIRPORT On motion of Councilmember Clem, seconded by Councilmember Webb the above-cited resolution was proposed. Mr. Kimball asked that "grandfathering" of this" be stricken from the 6th WHEREAS clause. Councilmembers Webb and Clem agreed to this amendment. There was further discussion regarding the terms of the lease. Councilmember Kimball proposed an addition at the end of Section I for clarification. Mayor Sevila proposed a new Section III to be added to the resolution, Councilmembers Webb and Clem agreed to this change. A new sentence and clause was also proposed for the end of Section I which was agreed to by both Councilmembers Webb and Clem. Councilmember Lovin questioned the need for Section II in the resolution. Mayor Sevila asked Deputy Town Attorney whether Section II was necessary to the resolution. Councilmembers Clem and Webb both agreed to deleting Section II and moving the newly proposed Section III in its place as Section II. Councilmember Forester asked that the resolution contain a provision to allow the Town to terminate the lease. Mayor Sevila then reviewed the various amendments to the originally proposed resolution. The proposed amended resolution is shown below: WHEREAS, the present lease between the Town of Leesburg and Professional Pilots Service for office space at the south end of Leesburg Municipal Airport expires on September 30, 1991; and WHE~, the Airport Commission, on September 12, 1991 received comments from petitioners in support of the continued extension of the Professional Pilots Services and in favor of competition at the airport; and WHERFu~, on September 16, 1991, Mr. Steven Leckey of Professional Pilots Services submitted a written request to the Airport Commission and the Town Council asking that his business be allowed to continue under the current lease terms, on a month-to-month basis, until such time as the south end facilities are either torn down or are put up for bid; and WHEREAS, a special meeting between the Leesburg Airport Commission and Town Council was held on September 24, 1991 to further consider this request; and WHEREAS, business retention is an important town goal; and WHEREAS, a new lease is required to allow the continued use at Leesburg Municipal Airport on a month-to-month basis; and WI-IEREAS, it is in the town's best interest to authorize the Town Manager to negotiate and execute terms of a new lease which would improve the condition and appearance of the airport's south end. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is hereby authorized to negotiate and execute the terms of a month- to-month lease between the Town of Leesburg and Professional Pilots Services at Leesburg Municipal Airport, upon full payment of all business fees, taxes and licenses owed to the town by Professional Pilots Services through September 30, 1991. The lease shall contain a provision that provides for the termination by the Town upon 30 days notice with or without cause. Further terms of the lease are to include improvements to the appearance and condition of the airport's south end and such other terms as deemed appropriate during the course of the negotiation by the Town Manager. SECTION II. This lease shall be reviewed and approved by the Airport Commission prior to its execution by the Town Manager. The vote on the amended resolution was: Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila None On Motion of Mr. Webb, seconded by Mr. Clem the minutes of the regular meeting of August 13, 1991, were approved unanimously. Minutes of September 24, 1991 2 Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila Nay: None PETITIONERS Mouncey Fergeson of the Loudoun Vocational Education Foundation was recognized by Mayor Sevila. He briefly outlined the work of this foundation which allows students in certain courses of the Loudoun County High Schools to actually practice their crafts and get direct on-the-job experience. He repo~ced that a student-built home was completed on Route 9 last year and was sold at a small profit which was rolled-over to help support the current homebuilding project in Potomac Crossing. He petitioned the Council to donate the various fees involved in securing a permit from the Town. Mr. Fergeson also asked for help in expediting the securing of a zoning permit in order to avoid any delay to the start of the project so it can be completed within the school year. He pointed out that getting donations is not an easy task during this difficult state of the building industry at this time. He asked for the Council's support for this project both in expedition of the process as well as donation of the fees. Mayor Sevila stated that he had received a call regarding the groundbreaking scheduled for this coming Friday and extended the invitation to all members of the Council and the public as well. There were several representatives of the various utility companies in the area present to address the Council: Bill Nunnally, Chairman of the Common or Shared Easement Committee was recognized. He stated that he will introduce representatives of various other utility companies. He informed the Council that this committee is made up of the following companies: Northern Virginia Electric Coop, Virginia Power, Contel, C & P Telephone, Commonwealth Gas and Washington Gas. He stated that there were representatives of all of those companies present for this meeting. Mr. Nunnally recognized Bob Magnuson, Randy Goncalves, Mickey Carnes, Chester Smith, Danny Gill, Clyde Perry and Rich Finnell. Chester Smith was introduced. He presented a brief history of this committee which was established in 1987 to provide the utility companies an opportunity and a means to discuss their concerns regarding easements. He related that in 1990 the General Assembly passed a law regarding the utility easements known as the CSE's which allows a local government to allow a requirement that a subdivider convey a public utility easement to public service companies. In 1991 the law was amended to include franchise television operators. He stated that their committee has been working with Falrfax, Prince William and Loudoun County regarding information for CSEs. Randy Goncalves, Director of Customer Service at Virginia Power in Leesburg, was introduced. He stated that they encourage a joint trench and front lot distribution. He acknowledged that this is a ve~, sensitive item to the Town. He asked for consideration of the advantages of the CSE easements. He distributed photographs showing the problems of landscaping too close to the transformers. He pointed out that the transformers have become more low profile over the years and that landscaping is allowed around the transformers, but stated they do not like vegetation in front of them where they have to open the doors to work on the equipment~ He reiterated that it sometimes take heavy equipment to work on the transforme~ and if they are fenced in it is impossible to get to them. He outlined the various types of equipment needed to work on the transformers and reported that in some instances when they are in the rear yards they have to hand dig, which is very expensive as well as time consuming if there is an emergency. Bob Magnuson of Northern Virginia Electric Corporation was recognized. He reported that it has been a distinct advantage for the utility companies to work together. He pointed out that locating the easements in the front yard is economical to the utilities as well as the builders and homeowners. He pointed out that with rear yard requirement, basically all sides of properties have to be wrapped in easements in order to provide all the services, including street lights. Dan Gill with C & P Telephone Company was then recognized. He stated that C&P does endorse the Common or Shared easement plan for many of the advantages that have been stated. He stated that C&P is also experiencing problems in accessing their facilities when they are in the rear yards, i.e. swimming pools, sheds, trees, etc. making it almost impossible to replace cable. He informed the Council that they are working on a joint trench agreement with the Leesburg Cable Television Company. Mr. Gill stated that they are asking to design a plan aesthetically, economically and submit it to the Town for approval. He stated that they would look forward to working on a satisfactory ordinance for the CSE. Rich Finnell Manager of Business Development for Prince winiam and Loudoun County for Washington Gas Company was introduced. He stated that they have been experiencing much success with the common or shared easement program. He said it has improved communication tremendously between the builders and the other utility companies as well as the permitting agency. He stated that the key to a successful program is a single recorded easement. Mr. Finnel pointed out that at this time their emphasis is for single- family detached house subdivisions. Mr. Webb asked if there is room for the cable television within a 15' easement. Mr. Nunnally stated that there is 3 feet of non-exclusive space for the use of the cable television companies. There was further discussion regarding the appearance of the transformers and pedestals in the front yards. Mr. V/ebb asked if they are asking for all front yard easements. Mr. Nunnally replied that they are asking for the option to go front lot. Mr. Webb asked if the program is working out in Cascades. Mr. Nunnally replied that it certainly is. Mayor Sevila stated that the Town is concerned about the appearance of the transformers and pedestals and went on to state that he feels this is a good move. He asked the utility companies to continue to work with the Town staff to improve the aesthetics which causes problems of the easements in the front yards. Minutes of September 24, 1991 3 Mr. Nunnally thanked the Councilmembers for their time and urged their support in enacting a CSE process in the Town. Mayor Sevila thanked the utility representatives for their presentation. Michael Tompkins reported that this matter had been reported out of the Planning and Zoning Committee for an indication from Council on using front yard easements. The matter was referred back to committee to work on the ordinance. Mr. Kimball stated he would like to have a report from the staff replying to the handout from the utility companies wherein they state that there is no disadvantage to the municipality. RESOLUTION OF RESPECT - MR. ELIJAH B. WHITE JR. Mayor Sevila read the following resolution of respect: WHEREAS, Mr. Elijah Brockenbrough White, Jr., a retired U.S. Army Colonel and well-known Leesburg resident, died at his home on September 9, 1991; and WHE~, Mr. White served as Mayor of Leesburg from 1955-1956; and WHEREAS, Mr. White practiced law in Leesburg until the day of his death at the age of 80; and WHEREAS, his grandfather, Col. Elijah Viers White, led the 35th Virginia Cavalry which was known as the Laurel Brigade during the Civil War; and WHE~REAS, Mr. White was a life-long contributor to the Leesburg community, serving in leadership capacities for various church and civic organizations in Leesburg and Loudoun County: THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg do extend their sympathy to his family and to all who knew him; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to his wife and children. On motion of Councilmember Clem, seconded by Commissioner Forester, the resolution was adopted unanimously, Chair voting. Mayor Sevila remarked that he personally knew Mr. White as a person to be missed by everyone. He asked that the original resolution be prepared for presentation to the family. RESOLUTION OF RESPECT - DR. JUERGEN REINHARDT Mayor Sevila read the following resolution of respect: WHEREAS, Dr. Juergen Reinhardt, a former resident of Leesburg, died on September 18, 1991, at the age of 44, following an automobile accident; and WHEREAS, Dr. Reinhardt, a native of Germany, was an active member of the Leesburg United Methodist Church, served as treasurer and chairman of the Loudoun County Salvation Army Service Unit, coached and officiated in the Loudoun County youth soccer program, and served as the Scoutmaster of Boy Scout Troop 982; and WI-IE,~, Dr. Reinhardt participated in the Leesburg Committee for the Preservation of Dodona Manor; and WHEREAS, Dr. Reinhardt was respected by all who knew him and worked with him in the Leesburg area: THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg do extend their sympathy to his family and to all who knew him; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to his wife and children. On motion of Mr. Clem, seconded by Mrs. Bange the motion was unanimously adopted, Chair Mayor Sevila extended the sympathy of the Council to Dr. Reinhardt's family. He directed that the resol be prepared for presentation to the family. Mayor Sevila called a five minute recess. Council reconvened at 8:40 p.m. COUNCILMEMBER COMMENTS Mr. Webb reported that the ladies board of Loudoun Hospital Center held their annual rummage sale last weekend and it was the best year they have ever had. He thanked the Leesburg Police Department and Loudoun County Sheriffs department for their assistance. Mr. Lovin. No comments. Mr. Clem complimented the W. W. Chamblin store on their attractive sign and store and announced their grand opening. Minutes of September 24, 1991 4 Mr. Kimball reported that he attended the kick-off of the United Way Campaign at Festival Lakes. He commented that this is a worthy activity for all citizens to support. He reported that Georgia Caldwell of the Loudoun Times Mirror is leaving and wished her well. He announced that on Friday evening he became a grandfather for the first time. Ms. Forester extended her sympathy to the Reindhardt family. She congratulated her parents who celebrated their 50th wedding anniversary last week. Ms. Bange. No comments. MANAGER'S REPORT Mr. York referred the Council to the written activity report. He further reported that the reason he is acting town manager is because Mr. Brown is in Boston attending the ICMA national conference. LEGISLATION Ms. Forester asked that Item 9(f) be considered out of order because there are people present waiting to hear the legislation. 91-207 - RESOLUTION - AUTHORIZING A CONTRIBUTION TO THE LOUDOUN VOCATIONAL EDUCATION FOUNDATION FOR WATER AND SEWER CONNECTION FEES AND MAKING THE NECESSARY APPROPRIATION On motion of Mrs. Forester, seconded by Mr. Clem the following resolution was proposed: WHERF_,qS, the Loudoun Vocational Education Foundation assists local vocational students with learning through practical trade experience; and WI-IEREAS, the Foundation's biggest and most popular project is the annual construction of a house; and WHEREAS, the single-family home will be constructed on a lot in Leesburg's Potomac Crossing; and WHEREAS, at the September 17 Administration and Public Works Committee representatives of the Foundation requested that the town contribute to the Foundation a sum in the amount necessary to cover water and sewer connection fees plus sewer club fees so that the project may continue. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager is hereby authorized to issue payment of $4,553 to the Loudoun Vocational Education Foundation so that the Foundation may pay the necessary public facility fees plus the sewer club fee. SECTION II. An appropriation in the amount of $4,553 is made to General Fund Account Number 200-9100-560-170. Mrs. Forester commented that she is really glad that the Council can do this for the Foundation. She went on to state that she feels this is a good opportunity to be able to showcase the talents of the vocational services in the Town of Leesburg. She stated she will look forward to watching the house in Potomac Crossing take shape. Mr. York explained the various fees involved in this resolution. Mayor Sevila also saluted the Foundation and the Vo-Tech school on this project. Ms. Bange commented on her personal experience with similar projects and gave her full endorsement to this project and vocational education. Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila None. Mayor Sevila congratulated those representatives present and wished them good luck. The next item for consideration was 9(a) of the regular agenda an ordinance: amending Chapter 2, Article VIII, Section 2-92(6); Chapter 2.1, Section 2.1-2; Chapter 5.1, Article X/V, Section 5.1-61(C) and Chapter 11.1, Article I, Section 11.1-1(C) of the Leesburg Town Code regarding commission attendance policies. Mr. Webb stated he would like to see this back in committee in order to discuss all commissions, including the Planning Commission and the Board of Architectural Review. Mr. Clem agreed. There were no objections to this request. This matter was then referred to committee for inclusion of other commissions and committees, not including the Board of Zoning Appeals. On motion of Mr. Clem, seconded by Mr. Clem, the following resolutions were proposed as consent items and unanimously adopted. 91-208 - RESOLUTION - AUTHORIZING A REVISED OFFER TO BILLY J. TISINGER, TRUSTEE FOR THE PURCHASE OF SANITARY SEWER EASEMENT, STORM DRAINAGE EASEMENT, TEMPORARY CONSTRUCTION AND GRADING EASEMENT AND RIGHT-OF-WAY DEDICATION NEEDED FOR THE PHASE VI STORM DRAINAGE IMPROVEMENT PROJECT WHEREAS, Resolution No. 89-154, adopted by the Town Council on July 25, 1989, approved an offer of $15,901.00 as compensation for easements and road right-of-way required on the propm'ty of the Page- Minutes of September 24, 1991 5 Brooke Land Trust for the construction of the Phase VI Storm Drainage Project and Dry Mill Road Improvements; and WHEREAS, the offer was not accepted by the Page-Brooke Land Trust and a petition for condemnation was filed by the Town Attorney as authorized by Resolution No. 89-154 and styled as Town of Leesburg vs. Billy J. Tisinger, Trustee of Page-Brooke Land Trust; and WHEREAS, a consent order, which provided the town with the right to enter the property and construct the improvements, was signed in December 1989 and payment of $15,901.00 was made to the Clerk of the Circuit Court for withdrawal by the Page-Brooke Land Trust; and WHERF_u~, the Deputy Town Attorney and Director of Engineering and Public Works have negotiated with the Page-Brooke T~_nd Trust to arrive at a final compensation amount for the right-of-way and easements; and WHEREAS, a settlement offer of $37,500.00 as total compensation for the required easements, road right-of-way, and any damages thereto has been presented by the Page-Brooke Land Trust. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Billy J. Tisinger, Trustee is hereby offered an additional $21,599.00 as compensation for the easements and road right-of-way required for the Phase VI Storm Drainage Improvements and the Dry Mill Road Improvements projects, thus increasing the total and final compensation to $37,500.00 as settlement in the condemnation case styled Town of Leesburg vs. Billy J. Tisinger, Trustee of Page-Brooke Land Trust at Law Number 10902. Payment of said $21,599.00 is conditioned upon dismissal of such case and proper execution of any and all required deeds of dedication and deeds of easement by Page-Brooke Land Trust and the Town of Leesburg. SECTION II. Payment in the amount of $21,599.00 is authorized from Capital Project Account No. 903-9301-700-022, payable to Billy J. Tisinger, Trustee of Page-Brooke Land Trust. 91-209 - RESOLUTION - AWARDING A PAVING CONTRACT TO SUPERIOR PAVING CORP. WHEREAS, sealed bids were received for the town's FY 92 Street Resurfacing Program; and WHEREAS, Superior Paving Corporation is the lowest responsible bidder for this work; and WHEREAS, the Director of Engineering and Public Works recommends award of the contract for the street resuffacing paving to Superior Paving Corporation. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is authorized to execute a contract with Superior Paving Corporation for street resurfacing in accordance with the bid documents and specifications, at the unit price of $25.07 per ton for 1.5" SM-2A asphalt concrete for a total not to exceed $100,000.00. SECTION II. Streets numbered I through 14 and 17 in the attached modified memorandum shall be resurfaced under this contract. Street number 19 shall be paved if sufficient funds remain following completion of the paving of the aforementioned streets. 91-210 - RESOLUTION - INITIATING AN AMENDMENT TO THE LEESBURG SUBDMSION AND LAND DEVELOPMENT REGULATIONS ESTABLISHING DESIGN GUIDELINES FOR PIPESTEM LOTS WHEREAS, past development in the Town of Leesburg has included pipestem lots whereon the houses are ill situated with respect to neighboring houses; and WHEREAS, the Planning Commission has investigated the aspects of lot layout which contribute to a visually attractive streetscape where pipestem lots are concerned; and WHEREAS, the Planning Commission has proposed an amendment to the Subdivision and Land Development Regulations adding design guidelines concerning pipestem lots: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment to Section 13-75(d) of the Leesburg Subdivision and Land Development Regulations is hereby initiated, said amendment adding paragraphs as follows: (9) Houses on pipestem lots shall be sited and oriented so that the house front does not face squarely into a neighboring rear yard. The proposed orientation of houses on pipestem lots and on all lots abutting the stem shall be shown on the preliminary subdivision plat and approved by the Planning Commission. (10) The following design guidelines shall apply to lots adjoining the stem of pipestem lots: ((a)) Required yards abutting the stem shall have a minimum depth equal to the required front yard. Minutes of September 24, 1991 6 (Co)) Driveways shall be accessed from the common pipestem driveway unless preservation of mature trees or topographical constraints make such access impracticable. SECTION II. The amendment is referred to the Planning Commission for a public hearing pursuant to Section 15.1-431 of the 1950 Code of Virginia, as amended, and recommendation to Council. 91-211 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR AN AMENDMENT TO SECTION 13-75(c)(2) OF THE SUBDMSION AND LAND DEVELOPMENT REGULATIONS REGARDING COMMON PARKING COURTS RESOLVED by the Council of the Town of Leesburg in Virginia as follow: A notice of public hearing to consider an amendment to Section 13-75(c)(2) of the Subdivision and Land Development Regulations regarding common parking courts shall be published in the Loudoun Times Mirror on October 2, 1991 and October 9, 1991 for public hearing on October 22, 1991 at 7:30 p.m. in the Council Chambers, 25 West Market Street. Leesburg, Virginia. 91-212 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT LEESBURG AIRPARK BUILDING C/D WHEREAS, the Ward Corporation, the developer of Leesburg Airpark Building C/D, 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 Washington Bank in the amount of $31,800.00 is released, contingent upon the developer providing a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $1,590.00 which 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. 91-213: RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT LEESBURG AIRPARK BUILDING B WHEREAS, the Ward Corporation, the developer of Leesburg Airpark Building B 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 cash performance guarantee in the amount of $14,625.00 is released, and a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $2,925.00 is approved, and shall be in effect for a period of one year from this date. SECTION II. The Town Manager shall hold $2,925.00 of the cash performance guarantee as a maintenance guarantee until the new security is received from the developer and approved by the Town Attorney. SECTION III. 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. 91-214 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBI.!~' IMPROVEMENTS AND APPROVING THE PERFORMANCE GUARANTEE WOODLEA MANOR PHASE I WHEREAS, Elm Street Development. the developer of Woodlea Manor Phase I, has not complt.~t.,t all the required public improvements in accordance with the approved construction drawings and ~, .'.~ ~ standards within the two year period agreed to in the contract for public improvements plus a one .~ ,.~Jt time extension for Woodlea Manor Phase I; and WHEREAS, the developer has requested a one year time extension to complete the installa~, ,,~ of the remaining public improvements; and WHEREAS, the letter of credit from Home Federal Savings and Loan Association, which guarantees the installation of public improvements in Woodlea Manor Phase I, in the amount of $774,000.00 automatically renews for additional one year periods of time; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $774,000.00 to guarantee installation of the remaining public improvements of Woodlea Manor Phase I. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Minutes of September 24, 1991 The letter of credit from Home Federal Savings and Loan Association in the amount of $774,000.00 in a form approved by the Town Attorney and a time extension to September 23, 1992 for a installation of public improvements in Woodlea Manor Phase I are hereby approved. 91-215 - RESOLUTION - RESCHEDULING A PUBLIC HEARING FOR THE PHILLIPS NICKELS WELL LOT BOUNDARY LINE VACATION WITHIN THE MAYFAIR SUBDMSION RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider vacation of a well lot" initiated by the town, shall be published in the Loudoun Times-Mirror on October 9, 1991 and October 16, 1991, for public hearing on October 22, 1991 at 7:30 p.m. in the Council Chambers, 25 West Market Street. Leesburg, Virginia 22075. 91-216 - RESOLUTION -. RESCHEDULING A PUBLIC HEARING FOR REZONING APPLICATION #ZM-131 POTOMAC CROSSING PLANNED RESIDENTIAL COMMUNITY (PRC) RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider rezoning application #ZM-131, a town initiated amendment to rezoning application #ZM-66 Potomac Crossing Planned Residential Community (PRC) shall be published in the Loudoun Times-Mirror on October 9, 1991 and October 16, 1991 for public hearing on October 22, 1991 at 7:30 p.m. in the Council Chambers, 25 West Market Street. Leesburg, Virginia. Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila Nay: None On motion of Mr. Webb, seconded by Mr. Clem, the following ordinance was proposed and unanimously adopted. 91-O-44 - ORDINANCE - AMENDING CHAPTER 10~ SECTION 10-171(6) OF THE LEESBURG TOWN COD~ ~ING TOUI:~ST INFORMATION CENTER P~G AT THE VINEGAR HILL MUNICIPAL PARKING LOT Mr. Kimball offered an amendment to the text and a typographical correction that was agreed to by Mr. Webb and Mr. Clem. The Council then voted unanimously to adopt the following amended motion: WHEREAS, the Town of Leesburg has recently erected new "Tourist Information Center" trailblazer signs along the main arterial roads leading to Market Station, which houses both the Loudoun County Conference and Visitors Bureau and the Chamber of Commerce; and WHEREAS, the Vinegar Hill parking lot serves to provide two-hour metered parking for tourists; and WHEREAS, tourism is an important element of the town's economic development efforts; and WHEREAS, on September 17, 1991 the Administration and Public Works Committee recommended that three (3) existing metered parking spaces within the Vinegar Hill parking lot be redesignated for "Free Thirty (30) Minute Tourist Information Center Parking Only": THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. as follows: (6) Chapter 10, Section 10-171(6) of the Leesburg Town Code is hereby amended to read Municipal parking area known as Vinegar Hill parking lot at the corner of Loudoun Street and South Harrison Street for two-hour parking at any one time, except that three (3) parking spaces on the south side of the parking lot ad. iacent to the designated handicap parking spaces and near the northern entrance to Market Station shall be for free thirty (30) minute tourist information center parking only. SECTION II. The Department of Engineering and Public Works is hereby directed to erect appropriate signage, consistent with the above amendment, to designate each parking space in lieu of the existing meters, which shall be removed. SECTION III. All prior ordinances in conflict herewith are repealed. SECTION IV. This ordinance shall be effective upon its passage. Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila Nay: None On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and adopted. 91-O-45 - ORDINANCE - AMENDING SECTION 12.1-45 OF THE TOWN CODE REGARDING HOI,IDAYS ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 12.1-45 of the Town Code is amended to read as follows: Minutes of September 24, 1991 8 Sec. 12.1-45. Holidays (a) exempt from The following will be observed as paid holidays for all Town employees not specifically this Article: o First day of January - New Years o Third Monday in January - Martin Luther King, Jr.'s Birthday o Third Monday in February - President's Birthday o Last Monday in May - Memorial Day o Fourth Day of July - Independence Day o First Monday in September - Labor Day o Second Monday in October - Columbus Day o Fourth Thursday in November - Thanksgiving Day o Fourth Friday in November - Day after Thanksgiving o Afternoon of 24th of December - Christmas Eve* o Twenty-fifth day of December - Christmas Day To be observed on the work day next preceding the observation of Christmas Day. (b) Any of the above holidays falling on Saturday will be honored on the Friday preceding the Saturday on which the holiday fell. Any of the above holidays falling on Sunday will be honored on Monday immediately following the Sunday on which the holiday fell. (c) Employees required to be on duty during a holiday because of the nature of their position, emergencies or any other reason shall receive holiday pay equal to the regular hourly rate for each hour worked or compensatory time, either of which shall be in addition to their regular pay. Employees required to report for duty at hours outside their regularly scheduled workday within the 24-hour period of the holiday shall be paid at the rate of one and one-half times regular pay or given compensatory time on that basis. SECTION II. This ordinance shall be in effect upon its passage. Mr. Webb noted that many other offices are closed that day including Loudoun County, the Federal Government and the banks and also that it is a way of showing some goodwill to the Town employees who did not receive any pay increases this year. Mayor Sevila concurred. The motion was adopted unanimously. Nay: Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila None 91-217 - RESOLUTION - AUTHORIZING THE ISSUANCE AND SALE OF THE TOWN OF LEESBURG, VIRGINIA TAX ANTICIPATION NOTES, SERIKS 1991 IN THE MAXIMUM AMOUNT OF $1,300,000 AND SETTING FOR THE FORTH AND DETAILS THEREOF Paul York gave a brief summary regarding the need for and use of the proposed tax anticipation notes. Mr. Lovin asked when the last time the town has issued tax anticipation notes? Mr. York stated that it has never been done since he has been here and possibly never before. Mr. Webb asked Mr. York when he was aware of the shortfall. Mr. York replied that for over a year the Town has been experiencing financial difficulties and was confirmed by the last financial analysis. In response to further questions by Council regarding a special meeting for budget discussions, Mr. York stated it was his understanding that there would be individual meetings with council both to review the current year's budget and answer questions and also to start the process of 1992-93 and following the individual meetings a special meeting of Council would-be scheduled. Ms. Bange stated her concerns for having to borrow these funds. She stated she would like to see the status of things as of September 30th. She also stated she would like to borrow as little as possible and pay it back as quickly as possible. Mr. York stated that is the intent. The funds will only be used for the time needed and the intent is to repay as soon as possible. He also explained that the problem is that there has not been a sufficient balance to carry through a time like this. Mayor Sevila echoed everyone's concern for having to borrow these funds and emphasized the need to have a provision for a fund balance to provide for a shortfall. Mr. Kimball stated he feels it is impm"cant that they begin the budget process earlier this year with these individual meetings and then a meeting of full council. Mr. Kimball asked what the impact would be if this is not approved? Mr. York stated that there is some cash still available, and after that by delaying payment to vendors or after that even more serious, defaulting on bond payments and payroll. He went on to say that without having this available the Town could be in a position to default on some of its obligations. Councilmember Webb then moved the following resolution, seconded by Councilmember Clem: WHEREAS, Section 15.1-227.30 of the 1950 Code of Virginia, as amended, authorizes the Town Council of the Town of Leesburg, Virginia ("Town") to borrow money in anticipation of the collection of taxes and revenues for the current year; and WHEREAS, the Town Council has determined that it is necessary and expedient to borrow not to exceed $1,300,000 on behalf of the town and to issue its notes, therefore ("Notes") in anticipation of the collection of taxes and revenues of the town for the fiscal year ending June 30, 1992. THEREFORE, RESOLVED by the Town Council of the Town of Leesburg in Virginia as follows: Minutes of September 24, 1991 9 Authorization of Notes. The Town Council hereby determines that it is advisable to issue and sell the notes in the maximum amount of $1,300,000. The issuance and sale of the notes are hereby authorized. Form and Details of Notes. The notes shall be issued in fully registered form, without coupons, in substantially the form attached hereto as Exhibit A. The notes shall be issued upon such terms and conditions as may be established by the town manager pursuant to Paragraph 4 of this Resolution provided that (i) the interest rate on the notes shall not exceed 8 percent per annum and (ii) the maturity of the notes shall not exceed one year from their date. Execution of Notes. The mayor is hereby authorized and directed to execute the notes, and the Clerk of Council is hereby authorized to affix or imprint the seal of the town on the notes and to attest the same, :. The form of execution, imprinting of the seal and attestation may be by facsimile; provid~ed, however, if the signatures of the Mayor and Clerk of council are both by facsimile, the notes shall not be valid until authenticated by the manual signature of the Registrar. Sale of Notes. The town manager and such officers and agents of the town as he may designate are authorized and directed to prepare and distribute an appropriate request for proposals to purchase the notes. The request for proposals shall be distributed in such manner and at such times as the town manager shall determine. The town manager is authorized and directed to accept the proposal for the notes which in his judgment provides for the lowest interest cost to the town upon the terms and conditions he deems to be most advantageous to the town. Pledge of Taxes. The Town Council hereby pledges to the payment of principal and interest on the notes the taxes and other revenues available to the town for the fiscal year ending June 30, 1992. Non-arbitrage Certificate and Tax Covenants. The Town Council agrees that the proceeds from the issuance and sale of the notes will be invested and expended as set forth in the Non-arbitrage Certificate and Tax Covenants of the town to be delivered at the time of the issuance and delivery of the notes and that the town will comply with such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended ("Code") including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds" and with the other covenants and representations contained therein. The town manager and the mayor, or either of them, and such officers of the town as either of them may designate are authorized and directed to execute a Non- arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the notes. 'The town Council designates the notes as "qualified tax-exempt obligations" eligible for the exception from the disallowance of the deduction of interest by financial institutions allocable to the cost of carrying tax-exempt obligations in accordance with the provisions of Section 265(b)(3) of the Code. The Town Council does not reasonably anticipate issuing more than $10,000,000 in qualified tax-exempt obligations during calendar year 1991 and the Town Council will not designate more than $10,000,000 of qualified tax- exempt obligations pursuant to such Section 265(b)(3). Further Actions. The town manager and such officers and agents of the town as he may designate are authorized and directed to take such further action as may be necessary or convenient in connection with the issuance, sale and delivery of the notes and all actions previously taken by such officers and agents in connection therewith are ratified and confirmed. Filing of Resolution. The appropriate officers and agents of the town are authorized and directed to immediately cause a certified copy of this Resolution, setting forth the form and details of the notes, to be filed with the Circuit Court of the County pursuant to Section 15.1-227.9 of the 1950 Code of Virginia, as amended. 9. Effective Date. This Resolution shall take effect immediately. This resolution was then unanimously approved by a roll call vote as shown below: Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila Nay: None 91-218 ° ~LUTION - MAKING APPOINTMENTS TO THE BOARD OF GRIEVANCE COMMISSION~tLS Peter Stephenson explained the changes to these appointments and announced that Mr. Wayne Reynolds had been contacted and indicated that he was no longer interested in serving on this Board. It was decided to adopt this resolution with the two blanks shown on the citizen members. The two council committees shall recommend and concur on names for appointment next week. The following resolution was moved by Councilmember Clem, seconded by Councilmember Webb: WHEREAS, on September 10, 1991 the Town Council adopted legislation amending Chapter 12.1, Article 21 of the Town Code regarding Grievance Procedures; and WHEREAS, the Town's Board of Grievance Commissioners has not been updated in recent years: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Minutes of September 24, 1991 10 In accordance with Section 12.1-55 of the town's Personnel Manual, the following persons are appointed to the Board of Grievance Commissioners: Non-superviso ,ry Employee Members Nelson Downs David Fawley Nancy Fixx Shirley Haines Mary Mack Janet Smith Supervisory Employee Members Catherine Polen Randolph W. Shoemaker O'Neal Stewart Citizen Members Gary Cochran Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila Nay: None On motion of Councilmember Lovin, seconded by Councilmember Webb the following resolution was proposed: 91-219 - RESOLUTION - RESCHEDULING THE OCTOBER 8, 1991~ REGULAR TOWN COUNCIL MEETING WHEREAS, the 1991 Virginia Municipal League's Annual Conference will be held October 6 through October 8, 1991, in Roanoke, Virginia; and WHEREAS, traditionally members of the Leesburg Town Council have supported the annual conference by attending; and WHEREAS, the Council's regular meeting of October 8, conflicts with the VML's conference: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The regular Town Council meeting of October 8, 1991, is rescheduled to Wednesday, October 9, 1991. Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila Nay: None On motion of Councilmember Kimball, seconded by Councilmember Clem the meeting was adjourned at 10:58 p.m. Robert E. Sevila, M~.yor Mary R. Mack, Clerk Pro Tern