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HomeMy Public PortalAbout1991_11_26MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL NOVEMBER 26, 1991 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 25 West Market Street, Leesburg, Virginia on November 26, 1991, at 7:30 p.m. The meeting was called to order by Vice-Mayor Clem. INVOCATION was given by Councilmember Kimball. SALUTE TO THE FLAG was led by Girl ScoUt Troop 1564 and Boy Scout Troop 982. ROLL CALL COUNCILMEMBER'S PRESENT Georgia W. Bange James E. Clem Christine M. Forester Donald A. Kimball Claxton E. Lovin Mayor Robert E. Sevila arrived at 9:00 p.m. Absent: Councilmember William F. Webb STAFF PRESENT Town Manager Steven C. Brown Assistant Town Manager for Economic Development and Administration Peter Stephenson Director of Finance Paul York Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning and Development Michael Tompkins Chief of Police James Kidwell Captain Thomas Lloyd Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Markland APPROVAL OF MINUTES On motion of Ms. Bange, seconded by Mr. Lovin, the special meeting minutes of September 17, 1991, October 1, 1991, October 29, 1991, November 5, 1991 and the regular meeting minutes of October 22. 1991 were approved as written. Aye: Councilmembers Bange, Clem, Forester, Kimball and Lovin Nay: None Absent: Mayor Sevila, Councilmember Webb PETITIONERS Mr. Jim Avramis, representing the Potomac Crossing Homeowners Association, addressed the Council reading a letter dated October 29, 1991. Mr. Avramis' letter is attached and made a part of the official record. Mr. Benjamin Lawrence, a resident of 905 Tuscarora Drive, addressed the Council regarding the proposed sign package for the Battlefield Shopping Center. He asked that the Council use good taste when they deliberate their decision on the sign package. Mr. Peter Packard, a resident of Prince Street, addressed the Council with regard to the proposed sign package for the Battlefield Shopping Center. He stated that the sign ordinance should be kept in tact. We do not need any large entrance signs along the roadside. , Mr. Chuck Bos, a resident of 211 North King Street, addressed the Council in the capacity of Loudonn County Board of Supervisor. Mr. Bos reviewed some issues with the Council. His remarks a,'e attached and made a part of the official record. Mr. Clem and Mr. Lovin thanked Mr. Bos for his hard work and accomplishments. Mr. Brown atst~ thanked Mr. Bos on behalf of the town staff. Mrs. Dennis, a resident of Edwards Ferry Road, addressed the Council with regard to the proposed sign package for the Battlefield Shopping Center. She expressed her concern with changing the sign ordinance. Mrs. Harrison, addressed the Council also expressing concern with the proposed sign package for the Battlefield Shopping Center. She stated that the present sign ordinance should be enforced. Minutes of November 26, 1991 CERTIFICATES OF APPRECIATION Vice-Mayor Clem presented Certificates of Appreciation to Chief Kidwell and Captain Lloyd for 30 years of service to the Town of Leesburg. Vice-Mayor Clem also presented a Certificate of Appreciation to Mr. Samuel I. Corbin for his outstanding service to the community by assisting the Leesburg Police Department in apprehending and successfully prosecuting a robbery suspect. PUBLIC HEARING Proposed Cigarette Tax Mr. Brown stated that the Town of Leesburg is faced with a fiscal crunch. The town is faced with declining revenues. Creative solutions to the problem are not readily available and staff is searching for every opportunity to ease this burden by cutting expenditures. Last year over $1 million was cut in expenditures. At the same time we are getting information from the County that assessments are going down 6 to 18 percent. Other revenues are dropping as well. We have explored and implemented every revenue source available to the Town of Leesburg through the General Assembly. The cigarette tax is one source of revenue that the town has not implemented. The opportunity to diversify the town's revenue base is available. We can no longer rely solely on the real estate taxes for revenue to operate this community and the government that is required to provide the necessary quality of life in the Town of Leesburg. Part of the solution is a proposed cigarette tax of $.15 per pack of cigarettes. Concern has been raised from the community that cigarette sales would drop after the implementation of the tax. This has not been the case in the Town of Warrenton. Other communities rely on the cigarette tax for a substantial portion of their revenue. If the tax is implemented we anticipate collecting $250,000 per year which equates to about $.2 on the tax dollar in the form of revenue. Concern has also been expressed regarding administrative costs involved in collecting the cigarette tax. The administration of the cigarette tax is handled by the Northern Virginia Cigarette Board. Director of Finance Paul York addressed the Council stating that the cigarette ta~ if implemented, would be administered by the Northern Virginia Cigarette Tax Board. They will handle all of the administrative functions of collecting this tax. From the retailers standpoint there is no administrative costs on their part. The tax does not require the retail merchant to keep any records of their sales and there is no tax reporting form. Once a month the Northern Virginia Cigarette Board would remit to the town a check for the amount of the tax stamps that were sold for the previous month, less any administrative costs incurred. Last year the administrative costs were about 4.5 percent. That would be the town's cost to them for their administration of the program. There are currently nine members of this board. The board is composed of various localities. Each locality appoints a member to the board and those members hire the administrator and staff. This would be one of the easiest taxes that the town would have to administer. Mr. Charles Stocks, a resident of 119 Valley View Drive and operator of the Discount Mini Mart at 224 South King Street~ addressed the Council with regard to the proposed cigarette tax. He stated that he has been in the retail business and has sold cigarettes, by volume, for the past 22 years. He stated that the Council is not aware of how much business the Town of Leesburg will loose if the $.15 cent tax per pack of cigarettes is imposed. Mr. Stocks stated that he sells about 50 percent of his cigarettes to persons coming from Maryland, West Virginia, Pennsylvania and New York. He stated that cigarettes sell more then just cigarettes. He sells 150 cigarette lighters every three weeks. He stated if the is imposed he will be limited to where he can purchase cigarettes - there are only three cigarette wholesalers that deal with the tax stamps. The senior citizens who do not have cars will also suffer' from this tax. Councilman Lovin stated that Loudoun County has petitioned the General Assembly in Richmond for enabling legislation to enact a cigarette tax. To date the county has been unsuccessful. If Loudoun County is successful in getting this legislation the county would collect the tax anywhere in Loudoun County including in the Town of Leesburg. Mr. Rick Stocks, a resident of Route 1, Box 148 Hamilton. Va., and owner of the Catoctin Penny Pincher in Leesburg, addressed the Council with regard to the proposed cigarette tax. He stated that the adverse effect that this tax would have on his business is that between 30 and 40 percent of his total taxable sales is in cigarettes. The dollar amount is about $22,000.00. If the town has this tax a~d the county does not he will loose at least 25 percent of the sales. If this tax is adopted he stated that he would loose approximately $1,500.00 per month and would not be able to keep his business open. He stated that the town needs to seriously consider cuts in spending. There are questions that need to be answered and we need more facts. Mr. Donald Atchison, a resident of Sterling, Virginia, addressed the Council reiterating what the past two speakers said. He stated that this proposed tax will cost retailers a considerable amount of money. The result will cause increased retail prices on items other then cigarettes. Another issue is jobs. Most of the chain stores are given a certain number of hours to run their stores based on their total sales. If the total sales decline then the number of hours left to run the store declines which will cost jobs. If this tax is enacted the Northern Virginia Cigarette Tax Board (NVCTB) gives the retailer 90 days to remove all of their cigarettes. If they do not sell them in 90 days the NVCTB has the authority and the right to confiscate the cigarettes that were purchased before the tax went into effect even though the tax has been paid on these cigarettes. There are a lot of questions that need to be Minutes of November 26, 1991 answered before this tax is given serious consideration. Ms. Laura Zambardie, a resident of Virginia Beach, Virginia representing the Tobacco Institute on Local Issues, addressed the Council. She stated that she is a consultant hired by the institute. She stated that in every city where taxes have increased on cigarettes, sales have declined. Twenty two percent of a convenient stores business is led by cigarette sales. Ms. Zambardie referred to a study prepared for Newport News, Virginia regarding the economic effects of a cigarette tax increase. The study is attached and made a part of the minutes. Mr. Lovin stated, in his opinion, cigarette sales have declined because of health issues. Mr. Lovin asked if Ms. Zambardie was at the meeting tonight not as a private citizen but as a lobbyist. Ms. Zambardie stated that was correct. He asked how many Northern Virginia jurisdictions did Ms. Zambardie make this presentation to? Ms. Zambardie stated none. Mr. Rick Stocks submitted several petitions regarding the proposed cigarette tax. Vice-Mayor Clem closed the public hearing stating that the public hearing would remain open for a period of ten days for further written comment. MOTION On motion of Mr. Lovin, seconded by Mrs. Forester, this matter was referred to the December 3, 1991, Administration and Public Works Committee for further consideration. VOTE Councilmembers: Bange, Clem, Forester, Kimball, Lovin and Mayor Sevila Nay: None Absent: Webb Mayor Sevila recognized Ms. Joan Rokus congratulating her on her recent election to the Leesburg District Board of Supervisor. Ms. Rokus addressed the Council on behalf of Keep Loudoun Beautiful (KLI~) regarding the proposed comprehensive sign package for the Battlefield Shopping Center. She stated that she has received several calls from members of KI.R expressing their concerns. Some members of KLB felt as if it was an overload of sign for that particular area and that they are too large and unattractive. Mayor Sevila stated that a lot of consideration has been given to the signs with regard to color, signs, script and scale. Several meetings have been held at the BAR, Council, Committee of the Council and Planning Commission level. COUNCILMEMBER COMMENTS Mr. Lovin congratulated Chief Kidwell and Captain Lloyd for their years of service to the Town of Leesburg. He attended the Loudoun County Chamber of Commerce award dinner and wished to congratulate the Loudoun Hospital Center for receiving the Chamber of Commerce Corporate Citizen of the Year Award. He also congratulated Ken Crovo who was named the Citizen of the Year. Mr. Lovin wished the citizens of Leesburg a Happy Thanksgiving and recognized his parents who are visiting for the holidays. Mr. Clem echoed Mr. Lovin's remarks and congratulated Ms. Rokus on her victory. Mr. Kimball thanked Mr. Bos for his remarks this evening and congratulated Ms. Rokus on her election to the Board of Supervisors. He stated that he serves on the Airport Commission as the councilmanic representative. The airport is clearly one of the gems of the Leesburg community. Yesterday Page Avjet signed a sub-lease for space and operations at the Leesburg airport. There will be a press release very soon. Page Avjet is the second largest fixed-base operator in this country. They are located in approximately 20 airport operations across the United States. They are consolidating their operations from Manassas, Dulles and the World Gate offices in Herndon and locating in Leesburg. They will be conducting aircraft sales, aircraft maintenance, rentals and charters. Initially they will be bringing in about 25 employees. Mr. Kimball congratulated Peter Stephenson, the Airport Commission and Janelle Aviation for helping to secure this vital business to the community. Mrs. Forester echoed her fellow councilmembers in congratulating Ms. Rokus on her victory. She is looking forward to working with Ms. Rokus in her capacity as a Board of Supervisor. The Town Council and the Board should begin to work more closely together on some of the regional issues. Mrs. Forester thanked Mr, Bos for his report this evening. This is a global report and it is a report that reflects a lot of things that he has done for all of the citizens in the town. There are also Minutes of November 26, 1991 thousands of citizens in this town who Mr. Bos has helped on an individual basis which cannot be reflected in any report that is written or presented to this Council. She congratulated Chief Kidwell and Captain Lloyd for their years of service and also Mr. Corbin who is a member of the Leesburg Crime Prevention Council. She attended the Excellence in Education Banquet on Thursday and congratulated the A average students. The Loudoun Community Orchestra's Christmas concert will be held on December 14, 1991 at the Loudoun County High School. She wished everyone a happy Thanksgiving and urged everyone to drive safely. Ms. Bange congratulated Ms. Rokus on her victory and to Chief Kidwell, Captain Lloyd and Mr. Corbin. Also to Ken Crovo for being named Citizen of the Year. She attended the dedication and ribbon cutting ceremony for the Friendship House Mental Health Treatment Center located at Sycolin Road. It is a very nice facility and the ceremony was well attended. MAYOR'S REPORT Mayor Sevila thanked Mr. Bos for his report and on behalf of the Town Council and citizens of the town for Mr. Bos' outstanding caliber of representation that we have all enjoyed at the board level. During Mr. Bos' term, Council and supervisor relationships have been at an all time high. That is very important especially in these difficult times. He wished Ms. Rokus good luck and stated that he looks forward to the same working relationship during her term of office on behalf of the citizens of Leesburg. He apologized for being late for the Council meeting, this evening, but was committed to attending the Eagle Scout ceremony for Greg Mayo. Mayor Sevlla stated that everyone, in all levels of government throughout the country, is experiencing an incredible budget crunch. There are a variety of ways that we can work together to solve some of the revenue problems and increased costs and expenditures. Cooperation and working together among ourselves at the Council level. "The thing that concerns me, particularly at this holiday season, is a recent publication by a member of Council of a document calling for the dismissal of twelve employees. I know what that document has done. It has literally sent shockwaves throughout the 175 staff people who work for the town. Wondering who those twelve are. That is not a statement of this Town Council. This Town Council has committed itself as early as August of this year to begin reviewing the budget process, finding ways to cut back on expenses and finding the resources and revenues that we need to make this budget work. I don't think that it is a time for individualism and especially what I consider to be inappropriate, irresponsible statements, reckless statements at this time of the year. To threaten twelve unknown people with the possibility of the loss of their jobs. We can solve this problem if we work together. It is not a time for grandiose statements that do nothing but send concern and fear throughout a staff and do nothing but detract from the ability of that staff to perform the same high level of service for the citizens of this town that it has. That same staff that. this year, went without a cost of living increase when the private sector and other public sector employees were enjoying cost of living increases. That same town staff that participated at a level of 94 percent in the United Way Fund Drive. There are ways that we can do this but it will require working together. A carefully, well thought out plan that is the voice of the seven member Council." MANAGER'S REPORT Mr. Brown noted that the Council did receive a copy of the written Activity Report. Flu shots will be offered in the town office on Tuesday and will cost $8.00. LEGISLATION ll.(a) MOTION On motion of Mr. Lovin, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 91-0-53 - ORDINANCE - AMENDING THE TOWN CODE TO AUTHORIZE TOWN EMPLOYEE PARKING IN THE NEW DOWNTOWN PARKING FACILITY WHEREAS, the top level of the new municipal parking facility has been under-utilized during the six-month promotional period of free parking;, and Minutes of November 26, 1991 WHEREAS, town employees have traditionally been offered free parking adjacent to the town offices; and WHEREAS, the town manager is authorized to evaluate the usage of the facility to ensure that sufficient hourly parking remains available for customers and clients of downtown businesses; and V~-IERFu~, if the use of the facility expands, free parking for town employees should be eliminated by the town manager; and WHEREAS, town employees should park their vehicles in the section of the facility which is not currently utilized by downtown customers and clients. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: The following section 10-196 is hereby added to the Leesburg Town Code effective upon passage: Section 10-196. Town Employee Parking. The town manager shall designate up to 55 spaces on the top level of the facili .ty for use by town employees at no charge. The town manager is authorized to reduce or eliminate town employee parking at any time based on the need for additional paid parking. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Mayor Sevila Nay: None Absent: Webb 11. (b) MOTION Mrs. Forester moved that this legislation be referred to the December 3, 1991 Administration and Public Works Committee for further consideration. The motion was seconded by Ms. Bange. Mrs. Forester asked what the age and guidelines for eligibility for retirement is? How many people would be eligible for retirement next year and for the next three years? Right now the town's contribution is half. What would happen if the premium increased? According to the Personnel Manual the town pays full compensation for vacation and 25 percent of unused sick leave for anyone who retires. What kinds of lump sum payments would we be paying for these retiring employees this year and for the next few years? How many of the eight positions would have to be filled and what would be the cost of refilling those positions? VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Mayor Sevila Nay: None Absent: Webb 11. (c) Mrs. Forester stated that she would abstain from any discussion or vote on this issue. Mrs. Forester's husband is an employee of Hechinger which is an anchor tenant in the Battlefield Shopping Center. Mr. Johnson addressed the Council summarizing the issue. He stated that this is the first time that staff has approached a comprehensive sign package. Staff, Council and the BAR have worked hard with Mr. Manton to come up with a sign package that will not damage the integrity of the sign ordinance. What is being proposed is an attractive opportunity for the town to show off some of the development within the community. This is a unique shopping center. The rationale behind the approval of this package is that the m~jority of the tenant spaces are located in excess of 600 feet from the right-of- way on Route 15 and are completely obstructed from view by the landscaped berm. The shopping center is extremely large. The monument sign is in scale with the entire shopping center. The sign has been moved about 250 feet south of Edwards Ferry Road and will be integrated within the berm itself. Overall this is a nice sign package. Mr. Kimball asked what kind of lighting the monument sign would have. Mr. Johnson stated that the sign is spotlighted with indirect lighting. Mr. Lovin questioned the corporate color sign request for the Ross Dress for Less sign. Mr. Johnson stated that originally only Payless Shoes and Hechinger requested corporate colors. Ross Dress for Less has also requested their corporate color which is the same color blue and will be located adjacent to the Hechinger building. MOTION On motion of Mr. Kimball, seconded by Mr. Lovin, the following resolution was proposed and unanimously adopted. Minutes of November 26, 1991 91-259 - RESOLUTION - APPROVING COMPREHENSIVE SIGN APPLICATION #CSP-91-01 FOR THE BATTLEFIELD SHOPPING CENTER LOCATED ON THE SOUTHEAST CORNER OF THE ROUTE 15 BYPASS AND EDWARDS FERRY ROAD WHEREAS, on October 10, 1991, the applicant, Fort Evans-Beverly Road Associates, applied for a Comprehensive Sign Package for the Battlefield Shopping Center, located on the southeast corner of the Route 15 Bypass and Edwards Ferry Road; and WHEREAS, on October 21, 1991, the Board of Architectural Review recommended approval of the sign package with amendments; and WHEREAS, the applicant erected a mock sign that successfully demonstrated that the proposed monument (directory) sign is compatible with the scale of the shopping center; and WHEREAS, the Council has determined that the scale of this development constitutes a unique circumstance in which a monument (directory) sign that exceeds the size limitations specified in A~ticle 10 of the Leesburg Zoning Ordinance is appropriate in relation to the size of the shopping center, the length of road frontage, adjacent traffic speed on a major road, the number of traffic lanes on Route 15, and the distance the sign will be set back from the right-of-way; and WHEREAS, the proposed signage is compatible with the aesthetic concerns of the Town of Leesburg:. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Authorization for the Battlefield Shopping Center Comprehensive Sign Package #CSP-91-01 is hereby approved based on the rationale that the majority of the tenant spaces are located in excess of 600 feet from the Route 15 Bypass, and are completely obstructed from view by a landscaped berm. Therefore, it is reasonable to allow the applicant a visual display in the form of a monument (directory) sign to notify the motorist of the variety of retail stores and services located within the 377,000 square foot shopping center. The following limitations regarding signage shall apply: The monument (directory) sign will be relocated within the reserved dedication parcel along Route 15, to a position approximately 280 feet south of Edward's Ferry Road. The monument sign will be integrated into the existing berm in such a fashion that it will not substantially exceed the height of the berm. The sign shall not contain exposed neon banding, and sign lettering naming the six individual tenants will be uniform. With the exception of Hechinger's, Shoppers Food Warehouse, and other major anchor tenants in excess of 10,000 square feet, all lettering on the buildings shall be uniform in style with the letter size ranging from twelve (12) to twenty-four (24) inches. With the exception of the same blue color for Hechinger's and Ross Dress For Less, all lettering on the buildings shall be red. The proposed secondary monument sign will be located as an architectural entrance feature at the intersection of Route 15 and Edwards Ferry Road within the reserved dedication parcel. ° Unless specifically authorized in Section II., all signs shall conform to the size limitations permitted by Article 10 (Sign Ordinance). SECTION II. The following signs are authorized to exceed the size limitations set fm~h in Article 10 of the Zoning Ordinance: 1. Hechinger's shall be permitted up to a maximum of 300 square feet of building signage. 2. The Shoppers Food Warehouse may be up to 168 square feet. The monument sign located on the Route 15 Bypass shall not exceed 14 feet in height and 22 feet across. In addition, the sign copy may include the name of the shopping center plus six (6) individual tenant names. The architectural entry feature at the intersection of Route 15 and Edwards Ferw Road may have up to forty (40) square feet of sign copy which identifies only the shopping center name. SECTION III. The application of Payless Shoe Store for a yellow and orange, in-line sign is denied and referred to the Planning and Zoning Committee for further consideration of any modification the applicant might make. DISCUSSION Mr. Lovin stated that a few weel~ ago he was very critical of the proposed comprehensive sign package, He represents the Council on the BAR and shares with many of the BAR members a strong desire to support the Leesburg sign ordinance. He stated that he takes great pride in the visual order of Minutes of November 26, 1991 Leesburg. He agrees with many of the speakers this evening. He stated that four weeks ago at the Planning and Zoning Committee meeting he did not support the sign package for three reasons. One being the physical size of the monument sign with the directory, the position of the director sign and the corporate colors of the Payless Shoe Store sign. Since then he has spoke with Mr. Manton and has made numerous site visits. Mr. Lovin stated that he can now support the sign package because there has been a conscious effort by Mr. Manton to work with these issues which have now been addressed. Mr. Lovin thanked Mr. Johnson and Mr. Tompkins for the work they did on the sign ordinance. He thanked Mr. Manton for working with the Council and for his patience and the citizens who spoke this evening and those citizens who sent him letters in support of his position. Mayor Sevila thanked Mr. Manton for cooperating with the Council. Mr. Manton did have the interest of his shopping center and the town in mind and was willing to work with the Council to achieve the balance that recognizes the high standard of aesthetic quality that this community demands. Mayor Sevila stated that he spoke with Mr. Burkhiemer, Vice President of Payless Shoes, who spoke of the advantages of using corporate colors and logos in signage. Mayor Sevila stated that he promised Mr. Burkhiemer that the Council would .leave an opening for him to work with the staff and Mr. Manton to arrive at some compromise that would achieve the same balance on a smaller scale - recognizing his desire to be recognized and his desire to receive some return on the $25 million a year that his company invests in advertising. After further discussion with regard to the Payless Shoe Store sign Section IH was added to the resolution. VOTE Aye: Councilmembers Bange, Clem, Kimball, Lovin and Mayor Sevila Nay: None Abstain: Forester Absent: Webb ll.(d) MOTION On motion of Mr. Clem, seconded by Mrs. Forester, the following resolution was proposed and unanimously adopted. 91-260 - RESOLUTION - MAKING CITIZEN APPOINTMENTS TO THE BOARD OF GRIEVANCE COMMISSIONERS WHEREAS, on September 10, 1991 the Town Council adopted legislation amending Chapter 12.1, Article 21 of the Town Code regarding Grievance Procedures to comply with Sections 15.1-7.1 and 15.1-7.2 of the 1950 Code of Virginia, as amended; and WHEREAS, on September 24, 1991 the Town Council adopted legislation appointing town employees and one citizen to the town's Board of Grievance Commissioners; and WHEREAS, the Town Code requires three citizen appointments on the Board of Grievance Commissioners: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: In accordance with Section 12.1-55 of the town's Personnel Manual, the following citizens are appointed to the Board of Grievance Commissioners: Citizen Members Janet Fre¥ Dr. Alan Stanford VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Mayor Sevila Nay: None Absent: Webb 11. (e) MOTION On motion of Mr. Clem, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 91-261 - RESOLUTION - AUTHORIZING A PROPOSAL TO MR. KENNETH MCKEEHAN FOR AN Minutes of November 26, 1991 AIRPORT OBSTRUCTION REMOVAL EASEMENT WHEREAS, future federal and state funding for airport development at Leesburg Municipal Airport is being withheld until all identified obstructions around the airport have been removed or cleared; and WHEREAS, in compliance with Part 77 of the Federal Aviation Administration's regulations regarding height limitations around airports, the Town of Leesburg has undertaken an airport obstruction removal project; and WHEREAS, the removal of all natural obstructions has been completed except for a stand of tall oak trees, which penetrate the height limitation created by the approach area to runway 35, located on property identified as Loudoun County Tax Map 60, Parcel 26B, in the name of Mr. Kenneth McKeehan; and' WHEREAS, although all other property owners involved in this project have allowed voluntary access to their properties to have the town's contractor temporarily enter and remove obstructions, Mr. McKeehan has not granted such permission despite written and oral requests through the town manager's office; and WHEREAS, a temporary easement to allow the town a period of one week to enter a pm~ion of the McKeehan property and remove the necessary trees is therefore required; and WHEREAS, an appraisal by Robert H. Jones and Associates of McLean, Virginia, dated November 19, 1991 has concluded that the just compensation for a temporary easement is valued at $750.00, equal to the value of the timber taken and the one week's rental value of the 0.3 acres of land: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager, in accordance with Title 25 of the 1950 Code of Virginia, as amended, shall certify and make an offer of just compensation in the amount of $750.00 to Mr. Kenneth McKeehan as determined from an appraisal, dated November 19, 1991, by Robert H. Jones and Associates of a temporary airport obstruction removal easement for the property of Mr. Kenneth McKeehan, identified as a portion of Loudoun County Tax Map 60, Parcel 26B, to be acquired by the town in compliance with Part 77 Federal Aviation Administration requirements. SECTION II. The town manager shall accept on behalf of the town the 0.3 acre temporary airport obstruction removal easement, in a form approved by the town attorney, from land owned by Mr. Kenneth McKeehan, identified as a portion of Loudoun County Tax Map 60, Parcel 26B, at a price not to exceed $750.00. The terms of the easement shall allow the town a period of seven days to enter the above described property and clear the trees which have been identified as penetrating the Federal Aviation Administration height limitations. All stumps shall be removed by the town and the prope~y shall be rough graded, cleared of debris and seeded or sodded upon completion. SECTION III. The property owner shall have ten (10) days from the receipt of the offer to accept said offer. Should the property owner decide to refuse the offer and provide no evidence which would cause a change in the amount of the offer, the town manager and the town attorney are hereby authorized to file for condemnation of the required temporary easement, and in the public necessity to further petition for the right of entry upon the property at the earliest possible date. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Mayor Sevila Nay: None Absent: Webb 11. (f), (h), (i), (i), (I), (m), (n) On motion of Mr. Kimball, seconded by Mrs. Forester, the following resolutions were proposed as consent items and unanimously adopted. 91-262 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO APPLY TO THE VIRGINIA DEPARTMENT OF WASTE MANAGEMENT FOR A LITTER CONTROL AND RECYCLING GRANT WHEREAS, the Virginia Waste Management Act provides for the allocation of public funds for the purpose of enhancing litter control and recycling activities; and WHEREAS, these funds are provided through the Virginia Department of Waste Management to Virginia localities by annual grants; and WHEREAS, the Town of Leesburg this year is eligible to receive $1,636 under this grant; and WHEREAS, the Council has reviewed and accepted the Guidelines (Form DLCR-1) for use of said funds: Minutes of November 26, 1991 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager's office is hereby authorized to apply to the Virginia Department of Waste Management for a Litter Control and Recycling Grant. 91-263 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR TAVISTOCK FARMS SECTION 9 WHERFAS, the Poretsky Building Group, the developers of Tavistock Farms Section 9, has 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 WHE~, the developer has requested a one year extension to complete the public improvements; and WHEREAS, a letter of credit from Perpetual Savings Bank, FSB in the amount of $38,500.00 was provided by the developer to guarantee the installation of public improvements in Tavistock Farms Section 9; and WHEREAS, the town received written notice from Perpetual Savings Bank, FSB stating that the letter of credit for Tavistock Farms Section 9 will not be renewed; and WHEREAS, the developer could not provide a substitute performance guarantee and was declared in default of its contract with the town by Resolution #91-228 adopted on October 9, 1991; and WHEREAS, a claim was made for the letter of credit funds and the town was paid the full amount of $38,500.00 on November 4, 1991. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension of one year for the installation of public improvements is hereby approved for Tavistock Farms Section 9. SECTION II. The $38,500.00 paid to the town will be held as a performance guarantee during the one year time extension period. 91-264 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR UNION COURT SECTION I WHEREAS, Patterson Place, Inc., the developers of Union Court Section 1, has 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, the developer has requested a one year extension to complete the public improvements; and WHEREAS~ a letter of credit from Sovran Bank in the amount of $37,684.00 was provided by the developer to guarantee the installation of public improvements in Union Court Section 1; and WHEREAS, the town received written notice from Sovran Bank stating that the letter of credit for Union Court Section 1 will not be renewed; and WHEREAS, the developer could not provide a substitute performance guarantee and was declared in default of its contract with the town by Resolution #91-232 adopted on October 9, 1991: and WHEREAS, a claim was made for the letter of credit funds and the town was paid the full amount of $37,684.00 on October 23, 1991. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension of one year for the installation of public improvements is hereby approved for Union Court Section 1. SECTION ri. The $37,684.00 paid to the town will be held as a performance guarantee during the one year time extension period. 91-265 - RESOLUTION - SETTING A PUBLIC HEARING FOR THE GRANTING OF A FRANCHISE TO USE AND OCCUPY THE STREI~.TS, AI.LEYS, AND OTI-rE.R PUBLIC GROUNDS OF THE TOWN OF LEESBURG FOR THE PURPOSE OF OPERATING A NATURAL GAS TRANSMISSION AND DISTRIBUTION SYSTEM WHE~, the Town of Leesburg has a franchise agreement with the Washington Gas Light Company for the purpose of operating a natural gas transmission and distribution system within the town; and Minutes of November 26, 1991 WHEREAS, this franchise expires on January 22, 1992; and WHEREAS, this Council desires to renew this franchise; and WHEREAS, before such franchise can be granted Virginia Code Section 15.1-308 requires the town to conduct a public hearing and advertise the ordinance for four successive weeks. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A public heating will be held on January 14, 1992, at 7:30 P.M. for the purpose of granting a natural gas franchise within the town. SECTION II. The franchise ordinance will be advertised in the Loudoun Times-Mirror for four successive weeks beginning December 4, 1991, and terminating December 23, 1991. 91-266 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE REGARDING PROVISION OF ACTIVE RECREATION FACILITIES IN MULTI-FAMILY RESIDENTIAL DEVELOPMENTS RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public heating to consider an amendment to the Leesburg Zoning Ordinance regarding provision of active recreation facilities in multi-family residential developments shall be published in the Loudoun Times Mirror on December 23, 1991 and December 30, 1991 for public heating on January 14, 1992 at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. 91-267 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR AN AMENDMENT TO THE SUBDMSlON AND LAND DEVELOPMENT REGULATIONS ADDING DESIGN GUIDELINES FOR PIPESTEM LOTS RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public heating to consider an amendment to the Subdivision and Land Development Regulations to add design guidelines for pipestem lots shall be published in the Loudoun Times Mirror on December 23, 1991 and December 30, 1991 for public heating on January 14, 1992 at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. 91-268 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR AN AMENDMENT TO ARTICLE 17, SECTION 17B-3 AND SECTION 17B-3(2) OF THE LEESBURG ZONING ORDINANCE REGARDING CIVIL VIOLATIONS AND PENALTIES RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public heating to consider an amendment to Article 17, Section 17B-3 and Section 17B-3(2) of the Leesburg Zoning Ordinance regarding civil violations and penalties shall be published in the Loudoun Times Mirror on December 23, 1991 and December 30, 1991 for public heating on January 14, 1992 at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Mayor Sevila Nay: None Absent: Webb 11. (g) MOTION On motion of Mr. Kimball, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. 91-269 - RESOLUTION - SUPPORTING THE PROPOSAL TO EXPAND THE LOUDOUN MUSEUM TO EASTERN LOUDOUN WHEREAS, the Loudoun Museum has significantly benefitted visitors and residents of the Town of Leesburg since its inception in 1968; and WHEREAS, the Town of Leesburg has supported the Loudoun Museum with substantial financial and in-kind grants; and WHEREAS, the Loudoun Museum's two locations in town attract large numbers of visitors and residents to downtown Leesburg; and WHE~, the Loudoun Museum haz demonstrated itz ability to contribute to the town's Minutes of November 26, 1991 economic vitality and cultural heritage; and WHEREAS, the Town Council has reviewed the Museum's proposal to expand to a location on the Claude Moore farm in eastern Loudoun and has determined that an eastern Loudoun satellite location for the Museum may attract visitors to Leesburg as well; and WHEREAS, the Loudoun Museum has requested formal Town Council support for the project. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The attached proposal dated October 21, 1991, for the provision of Loudoun Museum services to eastern Loudoun County is hereby supported by the Town Council of the Town of Leesburg. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Mayor Sevila Nay: None Absent: Webb On motion of Mrs. Forester, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 91-270 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR AN AMENDMENT TO CHAPTER 5.1 OF THE TOWN CODE TO ESTABLISH REGULATIONS AND PROCEDURES FOR THE GRANT OF ADDITIONAL CABLE TELEVISION FRANCHISES RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider an amendment to Chapter 5.1 of the Town Code to establish regulations and procedures for the grant of additional cable television franchises shall be published in the Loudoun Times-Mirror on November 26, 1991, and December 4, 1991, for public hearing on December 10, 1991, at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. Mayor Sevila stated that he would abstain from voting on this resolution because he represents a cable company. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball and Lovin Nay: None Abstain: Mayor Sevila Absent: Webb NEW BUSINESS 12. MOTION On motion of Mrs. Forester, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 91-271 - RESOLUTION - APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE FOR THE C&P BUILDING AT HIGHPOINT WHEREAS, a corporate surety bond from International Fidelity Insurance Company in the amount of $158,349.00 was approved by the Town Council by the adoption of Resolution #90-319 on December 12, 1990 to guarantee the installation of public improvements at the C&P Building at Highpoint; and WHEREAS, Long Lake Associates, the developer of the C&P Building.at Highpoint has not submitted the approved corporate surety bond and, has requested that a letter of credit in the amount of $158,349.00 froTM either Sovran Bank or Dominion Bank be accepted instead of the corporate surety bond from International Fidelity Insurance Company. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An irrevocable letter of credit in a form approved by the town attorney from either Sovran Bank or Dominion Bank in the amount of $158,349.00 is approved as security to guarantee the installation of public improvements at the C&P Building at Highpoint. VOTE Minutes of November 26, 1991 Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Mayor Sevila Nay: None Absent: Webb NEW BUSINESS Mr. Clem thanked the Mayor for his kind remarks on the budget. He stated that the town must set its tax rate by May and at the rate we are going we should be able to balance the budget by May or the first part of June. "We need to focus on the seriousness of the budget process in the town. The intent was to put some realistic substance on the table for a baseline for the Council to work with and discuss. The budget can be balanced without tax increases and this needs to be examined. On the bottom of the budget proposal there were alternatives that could be exercised opposed to laying off people. The time is here when we must take some drastic cuts and drastic measures. We have not drawn any blood and until we get to that point I cannot support any increases. All that the document said was that at some point - I had got to a balance and when divided out you may have a short fail of 12 personnel. At the bottom it had some recommendations and conclusions and gave an option where the town manager could arbitrarily cut the budget by 7 percent. All of the things are up for grabs. If the press wants to take the information that was provided that night and print it that is there prerogative. I personally feel I have a baseline to work from now and I plan to do it." Mayor Sevila stated that he commented on paragraph 3 of the handout which said recommended budget cuts and one of the recommended budget cuts is the release of twelve employees from payroll. Mr. Clem stated that was correct. Mayor Sevila stated that his suggestion is that "the Council work together to resolve these issues but when it comes to making drastic recommendations like that to our staff in the presence of anyone who cares to publish or do whatever with it, you know it is calculated to get to the staff and you know it will have an affect. It has had an affect. I consider it unfortunate that before we have had the opportunity to consider in detail every recommendation that our staff has made to us that even the notion that we are thinking about laying off 12 people without even considering where those 12 people will come from, what positions they hold, how much money they are earning, I consider it half-hatched and irresponsible and it is not the way to approach this process. It is a serious process and if any blood is drawn it is going to be carefully drawn and it will only be drawn after the most deliberate and careful discussions that this Council engages in as a group. I don't think it is necessary to expose us to that sort of adversity especially in these difficult times. My call to this Council tonight is to work together to resolve these problems." Mr. Clem stated that he wholeheartedly agrees with the Mayor. "However, we ail need to collectively agree that this is a serious time. We need to make these budget adjustments. We are going about it in the wrong direction constantly looking for ways to generate revenue opposed to looking at trimming the budget and making ourselves a little leaner." Mayor Sevila stated that no one on this Council needs to be reminded of how serious these times are. "The fact that we have all willingly devoted our time is emphasis enough that everyone on this Council takes this seriously. My concern is that every time staff has proposed a cut in services we have said we don't want to cut services - you don't want to cut services and you don't want to raise taxes - you are putting the staff in a very difficult situation. This is a 'time to work together seriously to make some policy and not seriously to make hay. I view that document as an attempt at making some hay - attempting to stand out in front and take a leadership position on something that even the best minds in this country have not been able to solve. No one individual on this Council is going to solve this problem. We have to work together to do it." Mr. Lovin stated that he appreciated Mr. Clem bringing some thought to the budget process. "It is unfortunate that it was delivered at the tail end of the meeting with no input from the Town Council. As we were adjourning his proposal was presented. Because the meeting was public those comments were reported into the news media and left the impression that the Council had time to digest that proposal. I saw it for about five minutes as we were leaving. We have to set a policy. I will let Mr. Brown and his staff cut the budget with direction from the Council. I will not micro-manage this town staff. We have to make a policy decision on whether or not the town can continue to provide services to the citizens of this community at a tax rate of 19 cents. We live right next door to Herndon, Vienna and towns that are our size. The cost of picking up trash, paving streets, providing police protection is no different in the Town of Leesburg then the cost in some of these other communities. Why we sit here and say we are not going to do certain things - we have to be realistic. Future Councils ~11 be raising the tax rate every year until somebody on this Council can get enough backbone to set a realistic tax rate. That is not a popular statement but it is a real statement." On motion of Mr. Kimball, seconded by Ms. Bange the meeting was adjourned. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Mayor Sevila~ _ f Nay: None Absent: Webb ~A~ ~~~ Robert E. Sevila, Mayor Town of Leesburg Clerk of Council 'I