HomeMy Public PortalAbout1991_10_22MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL
OCTOBER 22, 1991
A regular meeting of the Leesburg Town Council was held in the Council Chambers, 25 West
Market Street, Leesburg, Virginia on October 22, 1991, at 7:30 p.m. The meeting was called to order
by Mayor Sevila.
INVOCATION was given by Councilmember Lovin.
SALUTE TO THE FLAG was led by Councilmember Webb.
ROLL CALL
Councilmember's present:
Georgia W. Bange
James E. Clem
Donald A. Kimball
Claxton E. Lovin
William F. Webb
Mayor Robert E. Sevila
Absent:
Councilmember Christine M. Forester
Staff present:
Town Manager Steven C. Brown
Assistant Town Manager for Economic Development
and Administration Peter Stephenson
Director of Engineering and Public Works Thomas Mason
Director of Planning, Zoning and Land Development Michael Tompkins
Planner Delane Parks
Public Information Officer Susan Farmer
Town Attorney George Martin
Clerk of Council Barbara Markland
APPROVAL OF MINUTES
On motion of Mr. Webb, seconded by Mr. Lovin, the regular meeting minutes of July 23, 1991 and
special meeting minutes of September 24, 1991 were approved as written.
Aye: Councilmembers Bange, Clem, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Forester
CERTIFICATES OF APPRECIATION:
Mayor Sevila stated that the town's Economic Development Advisory Committee and the Town Council
have chosen to honor certain businesses in our community who have been in existence for over 50
years. He then called upon Mr. Jim Pumphrey, a member of the town's Economic Development
Adivsory Committee, to assist him in presenting the certificates of appreciation. A certificate was
presented to Mr. John Brader of Southern States Leesburg Cooperative, Mr. Roger Hough of J.T. Hirst
and Company, Inc., Mrs. Elizabeth White accepted the certificate on behalf of the late Elijah B. White,
Mr. George Martin and Mr. Harvey Berger of the Hub.
Mayor Sevila presented Mr. Dale McGuire with a certificate of appreciation for his volunteer services
as Chairman for the Local Emergency Planning Commission.
PETITIONERS
Mr. Ron Nicholas, President of Fire Company I and Mr. John Foor President of Fire Company 13
addressed the Council. They thanked the Council for its support of the Public Safety Fair. Mr. Foot
and Mr. Nicholas presented the Council with certificates and Tee Shirts.
Mrs. Janet Perry, representing Positive Youth Works, addressed the Council. She thanked the Council
for their support and for listening to her request for a donation. She thanked the town employees who
have designated, through the United Way, their contributions for Positive Youth Works.
Mrs. Perry introduced Mr. Milton Worthington, Ms. Cindy Richman and Mr. Lewis Galobder, members
of the board for Positive Youth Works.
Mr. Stewart Lewis with EIR News presented the Mayor and Town Council with an album of pictures,
taken by he and Philip Ulanowsky, during the construction of the new municipal government center
and parking garage.
Mr. James Winn, representing his mother Mrs. Molly Winn who is the owner of Dodona Manor on
Edwards Ferry Road, addressed the Council with regard to proposed legislation 11(a). He stated that
his mother received a letter from the town asking whether or not she desired to have her property
included in the H-1 Historic District. A portion of this property is included in the H-1 district.
Another portion of the property, including the house, is included in the H-2 district. The garage and
some open property is not included in the historic district. Nine properties on Edwards Ferry Road
were surveyed, during the summer, and ail but two property owners indicated that they did not want
inclusion into the H-1 district. Mr. Winn read the following comment made by his mother, Mrs. Molly
Winn:
"On the date of June 20, 1991 you indicated that the Town of Leesburg is considering expansion
of the H-1 Historic Overlay District to the east aiong Edwards Ferry Road. The letter takes great pains
to indicate that this will have little or no affect on the residences in the Old and Historic District,
however, you make no effort to describe the benefits and detriments this overlay has to commerciaily
zoned property. I wish to point out that my property at 217 Edwards Ferry Road, N.E., has its historic
entrance and primary road frontage along Market Street and has been zoned and taxed commerciaily
for some years. A separate H-2 Historic Overlay District running 300 feet back from the centerline of
East Market Street now covers most of the property including the house. There are no historic
buildings on the back portion of the property that is not covered by the H-2 Historic Overlay District.
Furthermore, I believe that the H-2 Historic Overlay District is more appropriate for properties known
for commerciai use. We do not see where a further extension of the H-1 Historic Overlay District to
this property is in our interests, particularly when we are still involved with rather sensitive
negotiations with the Marshail Home Preservation Fund in order to reach some creative solution which
will preserve this property."
Mr. Winn stated that it has been his mother's wish to preserve this property in some way for the
benefit of the town and those persons who honor his grandfather. We have been working with the
town and the Marshail Home Preservation Fund for about 3 years towards this. Since this letter, we
have reached an arrangement with the Marshall fund which we hope will resolve the matter of how
this property is going to be handled from now on. Right now they have a lease and option on the
property. They are now in a position, overtime, to take ownership of the property. At that time, we
have agreements about what sort of historic protection will be placed on the property. We believe that
to go through this process is premature. We should leave this matter alone at this point and revisit
it at a future time.
Mr. Lovin stated that the difference between protection in the H-1 and H-2 districts is that the H-2
does not protect the property from demolition. The H-1 district does protect it from demolition.
Mr. Winn stated that contractuaily the property cannot be demolished because there is a lease on the
property and the Marshail Home Preservation Fund wants the house.
Mayor Sevila stated that Councilmember Forester, in her absence, requested that item ll(a) be referred
back to the Planning and Zoning Committee for further consideration. Mayor Sevila stated that staff
will notify Mr. Winn of the date and time of the meeting before the matter is placed on a Council
agenda for action.
PUBLIC HEARINGS
7.a. Amendments to Section 13-75(c)(2) of the Subdivision and Land Development
Regulations regarding Common Parking Courts
Planner Delane Parks addressed the Council with regard to this matter. He stated that the proposed
changes are broken down into three major points. The length of a common parking court, the traffic
volume ora common parking court and existing street capacity anaiysis that serves the common parking
court. Staff believes that 600 feet should be the maximum length for a common parking court. The
traffic volume is set at a maximum of 252 vehicles per day. A special approval clause was added to
allow up to 400 vehicles per day.
Mayor Sevila asked, without standards what is the maximum approved by the Planning Commission
under the variation procedures? Mr. Parks stated that the highest one was Stratford. The number of
units permitted in Stratford under the variation process was 87.
Mayor Sevila asked if there is a parallel between single entrance common parking courts and cul-de-
sacs with single-family on them? Mr. Parks stated yes that was staff's feeling. Since the public street
regulations, as they exist now, call for a maximum of 600 feet staff felt that private streets should not
exceed what a public street exceeds.
Mayor Sevila stated that the primary concern in placing limitations on the length is indirectly placing
limitations on the number of units and the major concern there is in the event of an emergency, would
be the single entrance/access point to such a street. Mr. Parks stated yes it is a safety issue. When
looking at other jurisdictions, 600 feet seemed to be the most commonly used.
Mr. Parks stated that NVBIA, represented by Bill Fissell, was involved in the process and have raised
questions in which staff has responded to some. A number of their questions and concerns have been
resolved.
Minutes of October 22, 1991
Mr. Bill Fissell representing NVBIA addressed the Council. He stated that he has had the opportunity
to work with staff and the Planning Commission regarding the common parking courts. There are 3
or 4 remaining concerns. They are as follows:
1. The requirement of a capacity analysis.
2. The design and construction of a common parking court shall conform to the Zoning Ordinance
and the Design and Construction Standards Manual - we recommend that the common parking court
comply with all the standards but remove the detailed distances and the travelway widths.
3. Capacity analysis requirement. The proposed language is meant to pertain only to instances
where common parking courts would be permitted accessing existing streets. If this language is
approved as written, we have concerns that this provision is not clear that it is for proposed parking
courts accessing directly on to existing streets. It should be much clearer.
4. The Planning Commission, in their draft motion, recommended some grandfathering and vesting
language. We highly recommend that this be forwarded as part of this amendment.
Mayor Sevila closed the public hearing.
MOTION:
On motion of Mr. Clem, seconded by Ms. Bange, this matter was referred to the November 5, 1991,
Planning and Zoning Committee agenda for further consideration.
VOTE:
Aye: Councilmembers Bange, Clem, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Forester
7.(b) Rezoning Application #ZM-131 Potomac Crossing Planned Residential Community
Planner Delane Parks addressed the Council. He stated that in Potomac Crossing there were a number
of homeowners concerned with the inability to add decks onto their homes due to the setback
requirements. In Phase I, the setback requirement is 20 feet from the rear yard and in Phases II and
III the setback is 25 feet. In a lot of cases homes are built right up to the rear yard setback. This
requirement prevents any deck, 3 feet or higher, from being built onto the rear of the homes that are
right up to the 20 foot setback and the ones that only have 5 feet would not have a useable deck.
This amendment would allow an encroachment of 10 feet into the rear yards which would provide a
more adequate deck. All of the homeowners have been notified and staff has not received any negative
response.
Mayor Sevila asked if there were any height limitations and would this permit a deck on the second
story? Mr. Parks stated that there is no height limit built into this.
Mr. Don Mattmueller, a resident of 1206 Featherstone Drive, addressed the Council. He stated that
a lot of time has been spent with the residents in Phase I and we are in favor of this being adopted.
Mayor Sevila dosed the public hearing.
MOTION:
On motion of Mr. Clem, seconded by Mr. Lovin, this matter was referred to the November 5, 1991,
Planning and Zoning Committee agenda for further consideration.
VOTE:
Aye: Councilmembers Bange, Clem, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Forester
7.(c) Boundary line vacation within the Mayfair Subdivision for the Phillips Nickels Well
lot
Mr. Brown stated that this site is no longer of any value to the Town for a well site. In June 1990,
the abutting property owners petitioned the town to purchase the property. Terms have been
negotiated for the purchase and the Deputy Town Attorney has indicated that a boundary line vacation
is required because this site was not part of the original Mayfair Subdivision.
Mayor Sevila dosed the public hearing.
COUNCILMEMBER COMMENTS
Mr. Webb reported on the Cable Commission meeting. He stated that Mid-Atlantic Cable has applied
for a franchise to operate a second cable company in the town. There are some legal issues pending.
Minutes of October 22, 1991
At the Saturday Listening Session a question was raised with regard to a Day Care Center in the
Heritage Way neighborhood and also the matter of parking recreation vehicles.
Mr. Lovin reminded and invited everyone to attend the Halloween Parade on October 31, 1991 at 6:00
p.m.
Mr. Clem congratulated the recipients of the Certificates of Appreciation for being in business for more
than 50 years in Leesburg.
With regard to Positive Youth Works, next year they will be a designated recipient of United Way and
will be able to receive funds.
Mr. Kimball wished to encourage and remind everyone to vote on November 5.
The volunteer rescue squad and fire company are two organizations within our community that deserve
our support.
The business reception, held this evening, was an outstanding success.
He echoed Mr. Clem's remarks with regard to Positive Youth Works.
He acknowledged Stewart Lewis for his gift of pictures of the government center and parking garage.
Mr. Kimball also thanked Stewart for the photograph of the town's previous Council Chambers.
Mr. Kimball reported that a parking lot sale will be held this Saturday by Town & Country Realtors.
This sale will benefit Children's Hospital. Many of the local businesses have contributed items for this
sale.
Ms. Bange echoed the comments of her fellow councilmembers with regard to the fire and rescue
companies, local business owners, Positive Youth Works and EIR News for their photo contributions.
She welcomed the Christianson family, who are visiting Leesburg, from Copenhagen, Denmark.
She noted that Leesburg Hauntings will be presented this Friday, Saturday and Sunday by Leesburg
Renaissance and the Loudoun Museum.
Mayor Sevila on behalf of Mrs. Forester made the following announcements:
1. The Leesburg Crime Prevention Bake Sale is scheduled for Saturday, October 26, in front of
the Giant Food Store. This sale will benefit the neighborhood watch and the DARE Program.
2. The Loudoun Community Orchestra Concert is scheduled for Saturday, October 26, at 8:00 p.m.,
at Simpson Middle School. The public is invited and there is no admission fee.
3. Mrs. Forester joins other councilmembers in recognizing the significant contribution of our
businesses and particularly those businesses who received certificates tonight.
MAYOR'S REPORT
Mayor Sevila stated that he and Steve Brown hosted, this week, 23 mayors from E1 Salvador. They
are touring the United States and localities around northern Virginia.
He congratulated the businesses in the town and stated that the town has tried to create a strong and
healthy business environment. We hope tonight is the first of many annual events when we have the
opportunity to honor businesses and pay tribute to the important role that business plays in our
community. He urged all citizens of the town to support local business.
MANAGER'S REPORT
Mr. Brown noted that the Council did receive a copy of the Activity Report. He thanked Peter
Stephenson for organizing and coordinating the event with the help of members of the Economic
Development Advisory Committee, Clerk of Council Barbara Markland and Executive Secretary Della
Clark.
The Loudoun County Convention and Visitors Bureau will be meeting in the town government offices
on Thursday at 6:30 p.m., to kick off their full Board of Directors meeting. Councilmember Lovin and
I will be in attendance on behalf of the Town of Leesburg.
On October 29, 1991, at 6:00 p.m., the Council will dedicate a tree donated by the Day Break Rotary
Club, followed by a Special Meeting to conduct interviews for potential Economic Development Advisory
Commission members, followed by a budget workshop.
The Leesburg Crime Prevention Council is sponsoring a Halloween Dance on the deck of the parking
facility.
Minutes of October 22, 1991
The traffic signal at Route 7 east of the bypass has been installed and is now operational.
LEGISLATION
11. (aa) and 11. (d)
Mr. Brown stated that the proposed legislation vacates the boundary lines which is required due to the
Phillips Nickels Wells site not being a part of the original Mayfair Subdivision. Item (d) proposes to
authorize the sale of the land to the adjoining residents who have offered to purchase the property for
$.40 per square foot including all costs associated with the title transfer, etc.
MOTION
On motion of Mr. Lovin, seconded by Mr. Clem, the following ordinance was proposed and unanimously
adopted.
91-0-51 - ORDINANCE - VACATING THE PROPERTY BOUNDARY LINES SEPARATING LOTS 18A,
18B, 19A, 19B, 23B, 24A-1, 24B-1 AND THE PHILLIPS/NICKELS WELL PROPERTY
OF MAYFAIR SUBDIVISION
WHEREAS, property owners of Mayfair Drive and Washington Street. in the Mayfair
Subdivision petitioned the Council in June 1990 for acquisition of the Phillips/Nickels Well site within
their subdivision; and
WHEREAS, Section 15.1-482 of the 1950 Code of Virginia, as amended, sets forth the enabling
authority for the Town of Leesburg to vacate a portion of approved subdivisions after the sale of lots;
and
WHEREAS, on October 22, 1991, the Town Council held a public hearing on this property
boundary line vacation; and
WHEREAS, vacating these boundary lines is in the best interest of the public necessity,
convenience, general welfare and good zoning practice:
THEREFORE, ORDAINED by the Town Council of Leesburg in Virginia as follows:
The six property boundary lines separating Lots 18A, 18B, 19A, 19B, 23B, 24A-1, 24B-1 and
the Phillips/Nickels Well site within the Mayfair Subdivision, as shown on the attached vacation plat
prepared by Patton Harris Rust and Associates dated August 1991, is hereby vacated, and the Clerk
of the Council shall file a certified copy of the ordinance with the Clerk of the Circuit Court of Loudoun
County, Virginia, when the 30-day appeal period has elapsed.
VOTE:
Aye: Councilmembers Bange, Clem, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Forester
MOTION
On motion of Mr. Lovin, seconded by Mr. Clem, the following resolution was proposed and unanimously
adopted.
91-235 - RESOLUTION - AUTHORIZING SALE OF THE PHILLIPS/NICKELS
WELL PROPERTY TO ADJACENT RESIDENTS
WHEREAS, property owners of Mayfalr Drive and Washington Street. abutting the
Phillips/Nickels Well site, petitioned the Council in July, 1990 for acquisition of the site; and
WHEREAS, the Phillips/Nickels Well has been permanently abandoned pursuant to Virginia
Department of Health Waterworks Regulations and the town has no foreseeable use for the property;
and
WHEREAS, the adjacent residents have offered to purchase the property for $0.40 per square
foot plus all costs associated with transfer of title to the property; and
WHEREAS, a public hearing was held October 22, 1991 to consider a boundary line vacation
of the subject property; and
WHEREAS, there was no public comment voiced in opposition to the boundary line vacation.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is hereby authorized and directed to transfer title of the Phillips/Nickels
Well property to residents abutting the property at a cost of $0.40 per square foot plus all costs
associated with transfer of title in accordance with the attached plat, prepared by Patton, Harris, Rust
Minutes of October 22, 1991
& Associates, dated August 1991.
VOTE:
Aye: Councilmembers Bange, Clem, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Forester
11. (a) was deferred to the Planning and Zoning Committee.
11. (b) Mayor Sevila stated that Mrs. Forester requested that this item be referred to the November
5, 1991 Planning and Zoning Committee for further consideration.
1L
Mr. Brown stated that Director of Planning and Zoning Mike Tompkins has had the opportunity to
review the Town Plan and determine where the deficiencies are and the potential review that is
necessary to bring those deficiencies to light and update the Town Plan.
MOTION
On motion of Mr. Clem, seconded by Mr. Webb, the following resolution was proposed and unanimously
adopted.
91-236 - RESOLUTION - INITIATING REVIEW AND AMENDMENT OF THE TOWN PLAN 1986.
WHEREAS, Section 15.1-454 of the 1950 Code of Virginia, as amended, states in part that "At
least once every five years the comprehensive plan shall be reviewed by the local commission to
determine whether it is advisable to amend the plan; and
WHEREAS, the Town Council desires to amend the Town Plan 1986 such that the product is
a technically updated and effective document; and
WHEREAS, the Planning Commission held a series of workshops during February, March and
April to identify deficient areas of the Plan; and
WHEREAS, Town Council held workshops in May and July to discuss the Plan, review its
elements and provide policy direction; and
WHEREAS, a preliminary assessment of the Plan finds that generally, it continues to be an
effective document for making sound land use decisions but is deficient in some areas and is in need
of some technical update and improvement; and
WHEREAS, it has been determined that the existing Plan provides a good base to which
technical updates can be made, policy and action program statements can be reviewed and amended
and text and Plan element additions can be made based upon supportive documentation; and
WHEREAS, public participation is an important consideration when amending the Plan in order
to insure that the Plan reflects the will of the residents of the Town of Leesburg:.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The review and amendment of the Town Plan 1986 is hereby initiated in the
following manner:
Amend the appropriate elements of the Town Plan - 1986 to reflect 1990 Census
data.
Review and recommend amendments to policy statements and action program
statements where their effectiveness is questionable.
Prepare an Economic Development element of the Plan to replace the current
Jobs element.
Assess the need for an expanded Housing element to include Affordable Housing
goals and acquire Council approval prior to the preparation of the element.
Develop a work program including milestone dates for the amendment of the
Town Plan -1986. Periodically update Council on the progress of the Town Plan
Amendment.
Create a Town Plan Amendment Citizens Advisory Committee consisting of no
more than fifteen (15) members total. The CAC membership shall be as
follows:
(4) citizens
(2) business community
Minutes of October 22, 1991
(2)
(2)
(2)
(2)
development/engineering community
legal community
Planning Commissioners
Councilmembers
Generally, the process for CAC review would be as follows:
Prior to preparation of draft amendments, CAC holds '~rainstorming" session(s) to better define areas
of the Plan to be reviewed.
CAC reviews staff draft
CAC makes recommendation to Planning Commission
Planning Commission reviews CAC recommended draft, holds public hearings and makes
recommendation to Town Council
Town Council holds public hearings and adopts amended Town Plan
SECTION II. The Town Manager is directed to advertise for membership to the Citizens Advisory
Committee and submit the names to the Council for their consideration and appointment.
Mr. Kimball suggested that a time limit for this process be placed on the CAC.
Ms. Bange stated that input from the EDAC members and Parks and Recreation Advisory members
should be sought.
Mr. Tompkins stated that he felt confident that this project could be completed with the budgeted
amount.
VOTE:
Aye: Councilmembers Bange, Clem, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Forester
MOTION
On motion of Mr. Clem, seconded by Mr. Webb, the following resolutions were proposed as consent
items and unanimously adopted.
91-237 - RESOLUTION - RECEMNG AND REFERRING REZONING APPLICATION #ZM-132 AND
TOWN PLAN AMENDMENT LEESBURG ASSOCIATES TO THE PLANNING
COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE
1950 CODE OF VIRGINIA, AS AMENDED
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Rezoning Application #ZM-132 and Town Plan amendment by Leesburg Associates to rezone
approximately 22.5 acres located south of Fort Evans Road approximately 1,500 feet east of the Route
15 bypass from R-1 to R-16, is hereby received and referred to the Planning Commission for public
hearing and recommendation under Chapter 11, Title 15.1 of the Code of Virginia, as amended.
91-238 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN EXETER SECTION 3
W-HE~, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Exeter Section 3 and certified that the value of work performed is
$546,680.00; and
WHEREAS, a letter of credit from C&S/Sovran Corporation in the amount of $1,515,253.00
has been provided by the developer and approved by the Council to guarantee installation of public
improvements in Exeter Section 3.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from C&S/Sovran Corporation in the amount of
$1,515,253.00 is reduced to $968,573.00.
SECTION II. The Town Manager shall notify the developer that liability for the letter of
credit has been reduced as outlined in Section I of this resolution, and that this reduction does not
constitute acceptance of public improvements by the town or relieve the developer of responsibilities
outlined in the contract for public improvements for Exeter Section 3.
91-239 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN EXETER SECTION 7
Minutes of October 22, 1991
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Exeter Section 7 and certified that the value of work performed is
$324,801.00; and
WHEREAS, a letter of credit from C&S/Sovran Corporation in the amount of $1,373,112.00
has been provided by the developer and approved by the Council to guarantee installation of public
improvements in Exeter Section 7.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from C&S/Sovran Corporation in the amount of
$1,373,112.00 is reduced to $1,048,311.00.
SECTION II. The Town Manager shall notify the developer that liability for the letter, of
credit has been reduced as outlined in Section I of this resolution, and that this reduction does not
constitute acceptance of public improvements by the town or relieve the developer of responsibilities
outlined in the contract for public improvements for Exeter Section 7.
VOTE:
Aye: Councilmembers Bange, Clem, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Forester
NEW BUSINESS
12. (a)
Mr. Brown summarized the proposed resolution by stating that when Multivision received the transfer
of the franchise for cable tv operations from Prime Cable they renewed the performance bond of Prime
Cable to insure that construction of the cable system would be completed. The town's Cable
Commission has reviewed the construction and is satisfied and recommends release of the performance
bond.
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and
unanimously adopted.
91-240 - RESOLUTION - RELEASING THE $100,000 PERFORMANCE CORPORATE SURETY
BOND FOR CABLE SYSTEM CONSTRUCTION BY MULTMSION CABLE TV
CORPORATION
WHEREAS, on October 31, 1988, Multivision Cable TV Corporation (ML Media) provided the
Town of Leesburg with a $100,000 performance corporate surety bond to ensure the completion of
cable system construction; and
WHEREAS, Section 5.1-20(b) of the Town Code provides that the bond may be released by the
town upon the franchisee constructing a cable television system servicing all homes within the
franchise territory; and
WHEREAS, Multivision has requested that the performance bond be released, effective
November 1, 1991; and
WHE~, on October 17, 1991, the Cable Television Advisory Commission determined that
Multivision has met the requirements of the Town Code regarding construction of the cable system
and unanimously recommended that the bond be released; and
WHEREAS, the town retains a replenishable $5,000 cash bond as security for the faithful
performance of the franchisee throughout the term of the franchise.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The $100,000 performance corporate surety bond held by Multivision Cable TV Corporation
(ML Media) is hereby released.
Aye: Councilmembers Bange, Clem, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
Absent~ Forester
Mr. Lovin stated that he previously asked Mr. Brown to update the Council to the status of violations
to the town's sign ordinance. He asked that the status report be made available to both committees.
He stated that there is a business, 1st Choice, in the Town of Leesburg that has been blatantly in
Minutes of October 22, 1991
violation of the town's sign ordinance for months. There seems to be no movement by the owner of
this property to comply with any town ordinance. He stated that if an ordinance is worth the amount
of time that the ad hoc sign committee put in we should either enforce it or take it off the books. The
sign is obsolete and should be removed. He stated that it is his understanding that the owner thinks
that whatever ordinance the town has affects all the citizens of Leesburg except him.
In addition to the violation of the sign, an addition was put on to the store and the owner did not
appear before the Board of Architectural Review and failed to obtain a building permit from Loudoun
County.
This structure has been the subject of a lot of comment with regard to the untidiness of it when it
served as a grocery store.
Mr. Lovin stated that he has been told that certain members of the staff have the opinion that this
Council does not want to enforce the sign ordinance. Mr. Lovin stated that he wants the ~ign
ordinance enforced and if it is the consensus of this Council not to enforce the ordinance he asked that
a vote be taken. He looks forward to the status report from staff.
Mr. Kimball stated that he supported Mr. Lovin's comments.
Mr. Webb agreed.
Mr. Brown stated that the sign ordinance was adopted in August and the Zoning Department has been
performing a survey to determine where the violations exist. The property that Mr. Lovin is referring
to, the Zoning Administrator has been trying to correct that particular violation and will continue to
do so. We encourage the Council and citizens to report any sign violations. Staff will enforce the sign
ordinance to its fullest extent.
On motion of, and duly seconded, the meeting was adjourned at 9:30 p.m.
Robert E. Sevila, Mayor
Town of Leesburg
Clerk of Council