HomeMy Public PortalAbout1992_09_22265
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TOWN COUNCIL MEETING MINUTES OF SEFI~MBER 22, 1992
A regular meeting of the Leesburg Town Council was held on September 22, 1992, at 7:30 p.m.,
in the Council Chambers, 25 West Market Street, Leesburg, Virginia The meeting was called to order
by Councilmember Georgia W. Bange.
INVOCATION was given by Councilmember Joseph Trocino.
SALU'rE TO THE FLAG was led by Mr. Randy Minchew.
ROLL CALL
Councilmembers present
George F. Atwell
Georgia W. Bange
Ronald W. Blake
Joseph R. Trocino
Kristen C. Umstattd
Councilmembers absent
Mayor James E. Clem
William F. Webb
Staff members present
Town Manager Steven C. Brown
Director of Finance Paul E. York
Director of Planning, Zoning and Development Michael Tompkins
Director of Engineering and Public Works Thomas A. Mason
Zoning Administrator Scott Johnson
Planners Marilee Seigfried and Kristie LaIAre
Public Information Officer Susan Farmer
Officer Doug Taylor
Town Attorney George Martin
Clerk of Council Barbara Messinger
APPROVAL OF MI~
MOTION
On motion of Mr. Trocino, seconded by Mr. Blake, the special meeting minutes of August 11, 1992,
September 1, 1992 and September 8, 1992, are approved as submitted. The regular meeting minutes of
September 8, 1992, are approved as corrected by Councilmember Umstattd.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd
Nay: None
Absent: Mayor Clem and Councilmember Webb
Mr. Terr~; Titu: addressed thc Council with regard to the Dulles Toll Road Eorridor. He wished to
encourag'~ the Council to support an integrated approach to land use plonnin£ in the Dulles Toll Road
Corridor.
DISCUSSION
Ms. Umstattd abstsined ~rom any discussion and vote on this issue.
Mr. Trocino stated that it is importa:lt for ~oudoun County to know that the Town Council wants the
two study areas consolidated into one. Town staff should also offer its technical support. Mr. Trodno
offered to present this resolution to Loudoun County.
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Minutes of September 22, 1992
MOTION
On motion of Mr. Trocino, seconded by Mr. Blake, the following resolution was proposed and adopted.
92-174 - RESOLUTION - ENDORSING AN INTEGRATED APPROACH TO LAND USE PIANNING
IN THE DUI.LES TOLL ROAD CORRIDOR
WHEREAS, the Town of Leesburg has consistently worked to facilitate extension of the Dulles
Toll Road to Leesburg;, and
WHEREAS, construction of the Toll Road extension will have signi/i~nt influence on future land
use in the southern part of Leesburg and adjacent territory within the Town's Urban Growth Area; and
WHEREAS, the Dulles To'~l Road extension will more closely link the future growth of the
Leesburg area to that of the eastern portion of Loudoun County; and
WHEREAS, the Town of Leesburg has undertaken a revision to its Town Plan which will address
land use policy in the vicinity of the Dulles Toll Road extension; and
WHEREAS, it is the sense of the Council of the Town of Leesburg thht land use planning along
the entire Dunes Toll Road extension should be conducted in a comprehensive and integrated manner
so as to assure consistent policy reflecting the best interests of both the Town of Leesburg and Loudoun
County; and
WHEREAS, The Board of Supervisors of Loudoun County proposes to initiate a land use plan
for the Dulles Toll Road Extended corridor, to be known as the Toll Road Plan, and is examining work
program options for said plan; and
WHEREAS, completion of the proposed Toll Road Plan will involve considerable collaboration
by the Town and County at all levels; and
WHEKEAS, the Town's current work on its comprehensive plan presents a timely opportunity
for cooperative efforts by the Town and County planning staffs:
THEKEFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Council desires that land use planning for the entire Dulles Toll Road Extended corridor be
undertaken as one integrated effort 'to promote efficient and expeditious completion, to predtlce a
consistent policy framework, and to assure the mutual and respective interests of the Town of Leesburg
and Loudoun County are adequately served. Town staff's technical assistance is also offered.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino
Nay: None
Abstain: Umstattd
Absent: Mayor Clem and Councilmember Webb
Mr. Randy Minchew, representing the applicant of the Shenandoah Square Exxon and Car Wash,
addressed the Council. He addressed Ms. Umstattd's concerns raised at the previous committee meeting
with regard to traffic, limestone conglomerates and underground storage tanks.
Ms. Umstattd read a new condition which she asked be inserted as number 5 in the proposed resolution.
S?. ~ated that she ...... 'J -
... ,o,,u offer this as a ii, orion whe~ the resolution is acted on. The condition reads
as follows:
The development~ use and vperation of the prope?0' and any facilities
thereon are in strict conformity with ali .~.pplicable federal and state laws
and regulations and county and town ordinances ~n.d regulations, if any,
governing the storage, discharge and *~nsportation of petroleum
products and/or hazardous materials and/or wez;te,,; including, but not
limited to, the Resource Conservation ar.d Recovery Act of 1983; the
Comprehensive Environmental Response, Compensation an8 Iiability Act
of 1983; the Virginia Waste Managena,'~t Act; and ~he Virginia State
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Water Control Law.
Mr. Minchew stated, on behalf of the applicant, that he Md no problem with this condition and would
accept iS
Apoeal of BAR Case 92-43
Mr. Trocino abstained from any discussion and vote on this issue.
Ms. LaLir0 presented the staff report.
Mr. John Miller a resident of 11 Wirt Street addressed the Council stating that this application impacts
on his home. He expressed the following concerns:
·
·
·
·
·
The use intended for this property.
That he was totally excluded from any of the approval process.
The process was flawed and now cannot be made whole.
The town did not know who the applicant was noting different names on the BAR Application.
There was no traffic study done.
Ms. Umstattd stated that Mr. Miller has raised some critical concerns regarding the due process. She
requested that staff provide a legal opinion as to whether the application was correctly administered. She
asked that this matter be deferred to the October 6, 1992, Administration and Public Works Committee
Agenda.
Mr. Ralph LaRock, with Ballinger and LaRock Architects and a partner in 13 Joint Venture, addressed
the Council. He stated that he considered Mr. Miller's accusations an insult~ This application has never
received any preferential treatment. He stated that Mr. Miller offered to purchase the house at a lower
price then what was being offered and when Mr. Miller's proposal was rejected Mr. Miller then filed the
appeal. He stated that Mr. Miller did not tell 13 Joint Venture of his intention to file an appeal. Mr.
LaRock requested a vote on this issue.
Mr. Blake representing the BAR stated that nothing irregular was done by the BAR and that the BAR
does not require notification to adjoining property owners. He suggested that in the future this would
be a good idea. He stated that the BAR process was followed.
Mr. Atwell stated that he found nothing in conflict with the information provided by the staff and that
he was prepared to vote.
MOTION
On motion of Mr. Atwell, seconded by Mr. Blake, the following resolution was proposed.
92-175 - RESOLUTION - DENYING THE APPEAL OF THE BOARD OF ARCHITECTURAL REVIEW
(BAR) DECISION ON CASE # BAR-92-43
WHEREAS, on August 3, 1992, the Board of Architectural Review (BAR) considered a request
by 13 Joint Venture to construct a curb cut and driveway for the residence located at 13 Wirt Street; and
WHEREAS, the BAR unanimously approved this request with certain modifications that will
preserve the existing tree and will require the use of brick for the driveway strips, and the driveway
apron will be constructed in a similar fashion to the adjacent property; and
WHEREAS, on Aug-as~ 31, 1992, the adjacent property owners at 11 Wirt Street, Mr. aflJ· Mrs.
John Miller, filed an app~ of this decision on several grounds; and
WHEREAS, the Council c~.nsidered the appeal and evaluated the action of the BAR at its
September 21, 1992 public hearing.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in 'Virginia as follows:
The appeal of Case # BAP~-9:/-43 is hereby denied. Tbe Council finds that iv accordance ~-ith
Section 5A-4(17)Co) of the Leesburg Zoning (~rdina~ce, the Board of Architectural Review's decision to
approve BAR-92-43 was not contrary to th~ law and their action was not arbitrary or an abuse of
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Minutes of September 22, 1992
discretion. The Council further finds that a driveway entrance at 13 Wirt Street will not detract from
the Old and Historic District and a driveway entrance will contribute toward minimizing street congestion
by providing a safe and convenient parking space for the resident at 13 Wirt Street.
MOTION
Ms. Umstattd made a motion to table this issue for three weeks until a legal opinion is received.
The motion failed for lack of a second.
VOTE
Aye: Councilmembers Atwell, Bange, Blake
Nay: Umstattd
Abstain: Trocino
Absent: Mayor Clem and Councilmember Webb
COUNCILMEMBER COMMENTS
Mr. Blake expressed appreciation for the thank you note from the town staff regarding the employee
picnic provided by the Town Council.
Mr. Trocino stated that he has observed a noticeable improvement in the attitude and professionalism
of the town staff.
Ms. Umstattd complimented Mr. Brown, Ms. Messinger, Ms. Seigfried and Mr. Tompkins for providing
information that she requested in such a timely manner.
MAYOR'S REPORT
MOTION
On motion of, and duly seconded, the following proclamation was adopted.
PROCLAMATION
CRIME PREVENTION
MONTH 1992
WHEREAS, it has been proven that community crime and drug prevention efforts are reducing
victimization and helping to rebuild a sense of mutual responsibility and shared pride in communities;
and
WHEREAS, successful crime and drug prevention programs depend on effective partnerships
among law enforcement~ concerned individuals, governmental agencies, schools, community groups,
businesses and neighbors; and
WHEREAS, crime and drug prevention are more than self-protection and security, but encompass
the promotion of positive alternatives to delinquency and drug use among young people and encourage
youth to recognize their personal stake in their schools and neighborhoods; and
WHEREAS, it is essential to raise public awareness of crime and drug prevention and increase
involvement in crime prevention and related community service programs:
THEREFORE, RESOLVED, James E. Clem, Mayor, does hereby proclaim October 1992 as
Crime Prevention Month in the Town of Leesbu~ and call upon all citizens, governmental agencies,
public aud private institutions, and businesses to increase ~heir participation in our community's crime
and drug prevention efforts.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd
Nay: None
Absent: Mayor Clem and Counciimember Webb
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Minutes of September 22, 1992
Ms. Bange recognized Officer Doug Taylor and Dennis McVeen.
Ms. Ban~e reported, on behalf of Mayor Clem, that the first meeting of the Crime Prevention Task Force
was held earlier this week.
MANAGER'S REPORT
Mr. Brown. also recognized and thanked Officer Taylor and Dennis McVeen for their crime prevention
efforts in the community.
He reminded the Council of the work session scheduled for Saturday.
He thanked the Mayor and Town Council, on behalf of all the town employees, for the employee picnic.
He reported on the upcoming customer service seminars for all town employees.
LEGISLATION
9.
MOTION
On motion of Mr. Trocino, seconded by Ms. Umstat~, the following ordinance was proposed and adopted.
9~.-0-a§ - ORDINANCE - AMENDING TH~ TOWN CODE TO AUTHORIZE MASSAGE THERAPY AS
A HOME OCCUPATION
WHEREAS, licensed massage therapists are operating in Leesburg under the regulations of the
Town Code; and
WHEREAS, local massage therapists have requested that they be authorized to function, as many
other legitimate businesses, out of their home; and
WHEREAS, Section 11-69 of the Town Code prohibits massage therapy in the home; and
WHEREAS, Section 15A-3 of the Zoning Ordinance does not list licensed massage therapists as
a permitted home occupation; and
WHEREAS, the Town Council wishes to promote existing businesses who provide effective
services for Leesburg citizens:
· THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 11-69 of the Town Code reprinted below is hereby eliminated.
5cc. II 69. Env:-~--------cnt.
SECTION II. Section .~.A-3 is amended to read as follows:
Section 15A-3. Permitted home occupations.
The following uses may be permitted borne occupation uses, subject to the
requirements of this Article.
(1) Ar~s~ snd sculptor
(2) Author and composer
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Minutes of September 22, 1992
(3) Home care service (babysitting)
(4) Dressmaker, seamstress and tailor
(5) Direct sale product distribution
(6)
(7)
Computer programming, data processing, typing and work processing service
Home crafts, such as model making, rug weaving, lapidary work, and ceramics,
for sale off-site
(8) Jewelry making and jeweler
(9) House cleaning service, laundry and ironing service
(10) Locksmith
(11) Office of a minister, rabbi, priest or other s~milar person associated with a
religious organization
(12) Office of a salesman, sales representative, or manufacturer's representative,
provided that no retail or wholesale transactions are made in person on the
premises
(13) Office for professional in fields such as, but not limited to, architecture, drafting
and graphics, interior design, engineering, financial planning, and other consulting
services
(14) Telephone answering services and solicitation work
(15) Tutoring
(16) Music lessons
(17) Barber shop and beauty shop
(18) Similar use which does not involve retail or wholesale sales transactions in person
on the premises or employment of persons other than members of the family
occupying the dwelling
(19) Caterer
(20) Licensed Massage Therapy.
SECTION Ill. This ordinance is effective upon its passage.
VOTE
Aye: Councilmembers Atwell, Bange, Trocino, Umstattd
Nay: None
Abstain: Blake
Absent: Mayor Clem and Councilmember Webb
9.
MOTION
On motion of Ms. Umstattd, seconded by Mr. Blake, the following ordinance was proposed and adopted.
92-0-36 - ORDINANCE - AMENDING ARTICLE I OF CHAPTER 17 OF THE TOWN CODE TO
PROVIDE FOR THE PRO-RATION OF PERSONAL PROPERTY TAX ON MOTOR
VEHICLES AND TRAILERS IN THE TOWN OF LEESBURG
WHEREAS, the Town Council through Resolution No. 91-276 requested the 1992 Virginia
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General Assembly to grant to the Town of Leesburg the authority to pro-rate personal property taxes on
motor vehicles and trailers; and
WHEREAS, this change in town tax policy was requested in order for the town to remain
consistent with the tax policy of Loudoun County; and
WHEREAS, the Virginia General Assembly did amend Section 58.1-3516 of the 1950 Code of
Virginis, as amended, to enable the Town of Leesburg to pro-rate personal property taxes:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 17-2.1 of the Town Code is hereby amended to read as follows:
Section 17-2.1. Payment of Tax.
(b) Personal property and machinery and tools. Except for motor vehicles and
trailers, payment of taxes due and owing to the town for personal property and machinery, and
tools shall be paid by, or on behalf of, persons owing such taxes by October 5 following the date
on which there is to be filed by, or on behalf of, such person a tax return indicating the amount
of such taxes due and owing on any such property.
(c) Pro-ration of tax on motor vehicles and trailers. Personal property tax shall be
levied upon motor vehicles and trailers which have a situs within the Wwn as of January I of
any tax year. Personal orooertv tax shall be levied upon motor vehicles and trailers which
acquire a situs within the town after January I of any tax year for the remaining portion of the
tax year.
Payment of taxes for any motor vehicle or trailer for which a return is filed on or before
June 15 of a tax year shall be paid by October 5 of the tax year. Payment of taxes for any motor
vehicle or trailer for which a return is filed after June 15 of a tax year shall be paid by Februa .fy
5 of the ensuring tax year.
When any motor vehicle or trailer loses its situs in the town or changes ownership after
January 1 of the tax year, any tax assessed on such vehicle shall be relieved, and any amount
of the tax already paid shall be refunded, on a pro-rated basis for the remaining portion of the
tax year.
For purposes of this section, pro-ration shall be determined on a monthly basis, with a
period of one-half of a month or more counted as a full month and a period of less than one-half
of a month not counted as a month.
A motor vehicle or trailer is exempt from taxation under this section for any tax year or
portion thereof during which it was assessed by another jurisdiction in the Commonwealth and
on which the tax has been paid.
SECTION H. All prior ordinances and resolutions in conflict herewith are repealed.
SECTION IH. This ordinance shall become effective January 1, 1993.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd
Nay: None
Absent: Mayor Clem and Councilmember Webb
_9. ~c~
Mr. Johnson addressed the Council presenting a staff report.
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Minutes of September 22, 1992
MOTION
On motion of Mr. Trocino, seconded by Mr. Blake, the following ordinance was proposed and adopted.
92-0-37 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE SECTION 3H-4(2)
AND 3H-5 OF THE R-16 DISTRICT TO REINSTATE YARD SETBACK
REQUIREMENTS FOR SINGLE-FAMILY ATTACHED DWELLING UNITS.
WHEREAS, during the revision of the residential sections of the zoning ordinance, early drafts
provided setback requirements for single-f_smily attached dwelling units in the R-16 zoning district
consistent with the methodology used in other residential districts; and
WHEREAS, the final version of the zoning ordinance adopted on April 24, 1990 omitted the
setback requirements; and
WHEREAS, the record does not indicate a specific reason why the setbacks were omitted, but
the omission is the result of typographic errors; and
WHEREAS, the physical application of the existing multi-family yard requirements to a single-
family attached development would not be supportive of a well planned townhome development; and
WHEREAS, the Planning Commission considered this item at a public hearing on July 9, 1992
and unanimously recommended that the Council amend the ordinance; and
WHEREAS, the Council considered this item at a public hearing on September 8, 1992; and
WHEREAS, the amendment will promote the public health, safety and welfare, and will facilitate
convenient, attractive and harmonious development:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 3H-4(2) and 3H-5 of the Leesburg Zoning Ordinance is hereby amended
to establish lot width requirements and yard setback requirements for single-family attached dwellings
as provided below:
Section 3H-4. LOT SIZE
(1)
(2)
Section 3H-5.
Minimum Lot Size
a. Single-fAmily attached (townhouse):
b. Multi-family:
Minimum Lot Width
a. Single-family attached (townhouse)
1. Interior Lot
2. Corner Lot and End Lots
YARD REQUIREMENTS
Single-family attached
Front 10 feet
Side 10 feet (for end units)
Rear 20 feet
(2) Multi -family
Front
Side
Rear
SECTION II.
30 feet
30 feet
30 feet
1,400 sq.ft. (per unit)
10,000 sq.ft.
18 feet (per unit)
9~ 28 feet (per unit)
All prior ordinances in conflict herewith are hereby repealed.
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SECTION IH. Severability. If any provision of this ordi~once is declared invalid by a court of
competent jurisdiction, the decision shall not affect the vaiidity of the ordinance as a whole or any
remaining provisions of the zoning ordinance.
SECTION IV. This ordinance shall be in effect upon its passage.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd
Nay: None
Absent~ Mayor Clem and Councilmember Webb
9.
MOTION
On motion of Mr. Blake, seconded by Mr. Trocino, the following ordinance was proposed and adopted.
92-0-38 - ORDINANCE APPROVING SPECIAL EXCEPTION APPLICATION #SE-92-06
SHENANDOAH SQUARE F_2~ON SHOP & CAR WASH BY ARONOV REALTY
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COMPANY, INC.
WHERF,~, Aronov Realty Company, Inc. has applied for special exception approval for an Exxon
shop and car wash to be located within the Shenandoah Square Shopping Center; and
WHERFAS, a special exception is required to permit either a service station or a car wash in the
B-3 zoning district; and
WHEREAS, on September 3, 1992, the Planning Commission recommended conditional approval
of special exception #SE-92-06 which included a waiver to permit non-automotive accessory retail sales
of 1,431 square feet in area; and
WHEREAS, on September 8, 1992, the Town Council held a public hearing on this application;
and
WHEREAS, the proposed use meets the general review criteria set forth in the special exception
regulations of the zoning ordinance; and
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Special exception application #SE-92-06 Shenandoah Square Exxon Shop and Car
Wash, identified as Tax Map 48 ((5)) Parcel C in the land records of Loudoun County, is hereby approved
subject to the following conditions:
The sign package is subject to Board of Architectural Review review and
approval.
The development is in general conformity with the special exception concept plan
prepared by the Spectra Group dated June 11, 1992 and revised August 24, 1992.
o
The site lay-out and on-site circulation are subject to further review at
development plan submission.
There will be no automotive repair o~' wrecker service based on this site.
Outdoor display areas or outdoor sales areas shall be permitted for retail
products only and will be limited to a cumulative total of 200 square feet on the
site.
The development, use and operation of the property and any facilities
thereon are in strict conformity with all applicable federal and state laws
and regulations and county and town ordinances and regulations, if any,
governing the storage, discharge and transportation of petroleum
products and/or hazardous materials and/or wastes, including, but not
limited to, the Resource Conservation and Recovery Act of 1983; the
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Minutes of September 22, 1992
Comprehensive Environmental Response, Compensation and Liability Act
of 1983; the Virginia Waste Management Act; and the Virginia State
Water Control Law.
SECTION II. Approval of the special exception concept plan does not authorize modifications to
any other requirements of the Design and Construction Standards Manual, Subdivision and Land
Development Regulations, or the Zoning Ordinance except as specifically set forth in this ordinance.
SECTION HI. This ordinance shall be in effect upon its passage.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd
Nay: None
Absent: Mayor Clem and Councilmember Webb
9.
MOTION
Mr. Trocino made a motion to adopt the following resolution.
The motion died for lack of a second.
PROVIDING GENERAL COMMENT ON LOUDOUN COUNTY REZONING APPLICATION #ZMAP
89-15 - RIVER cREEK
WHEREAS, the River Creek Limited Partnership of Silver Spring, Maryland, has submitted
rezoning application #ZMAP 89-15 to the Loudoun County Planning Commission to rezone approximately
612.68 acres from County A-3 to PDH-24 at a net density of approximately 2.8 dwelling units per acre;
and
WHEREAS, this property is located within the Leesburg Area Management Plan (LAMP) area
and is accordingly governed by the Annexation Area Development Policies (AADPs); and
WHEREAS, the AADP's provide for town review and comment of applications within the LAMP
area; and
WHEREAS, this application is currently under review by town and county planning staffs; and
WHEREAS, town staff has yet to present the results of its review to Council in order to solicit
Council's recommendation which will be forwarded to Loudoun County prior to the County Planning
Commission's public hearing;, and
WHEREAS, the applicant petitioned the Town Council to subjectively render a favorable opinion
of the proposed development separate from the rezoning review process and acknowledging that Council
has yet to review staff's technical review comments:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Proposed "River Creek" rezoning as presented to the Planning and Zoning
Committee on September 15, 1992, represents the type of quality development that can be an important
community asset. The quality of the proposed "River Creek" development is characterized by the
proposed up-scale single family and townhouse dwelling units and the provision of diverse amenities
consisting of a golf course, tennis courts, swimming pool, marina, and passive recreation areas and open
space.
SECTION II. The general opinion of this proposal as rendered by Council in Section I above,
does not prevent Council from issuing a subsequent recommendation and/or policy statement to be
forwarded to Loudoun County upon receipt and consideration of the results of staff's review of this
rezoning application.
DISCUSSION
Ms. Umstattd stated that at this point she could not support the resolution.
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Minutes of September 22, 1992
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Mr. Trocino stated that he has reviewed the county's rezoning file and that thi~ project is deserving of
comment from the Town Council to Loudoun County.
Mr. Atwell stated that he did not see the urgency to adopt this resolution until staff's review.
MOTION
On motion of and duly seconded, this matter was referred to the October 6, 1992, Planning and Zoning
Committee for further consideration.
9. (~). (h). (i). (i). (1)
MOTION
On motion of Mr. Blake, seconded by Ms. Umstattd, the following resolutions were proposed as consent
items and adopted.
92-176 - RESOLUTION AUTHORIZING THE TOWN MANAGER TO ASSIST CITIZEN
VOLUNTEERS FOR HURRICANE ANDREW DISASTER RELIEF
WHE~, Ginny Cummings, a Leesburg resident, appeared before the Town Council on
September 8, 1992, to request assistance in providing disaster relief for Hurricane Andrew victims; and
WHEREAS, Ms. Cummings requested that the town recognize local volunteers and contributors
with certificates of appreciation; and
WHEREAS, Ms. Cummings is working diligently to coordinate Leesburges relief efforts:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager is authorized to assist Ms. Cummings in her efforts to recognize volunteers
and contributors to Hurricane Andrew relief efforts.
92-177 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLATION AT THE PAXTON SEWAGE PUMPING
STATION
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date at the Paxton Sewage Pumping Station and certified that the value of
work performed exceeds $101,040.00; and
WHEREAS, a letter of credit from Farmers and Merchants National Bank, confirmed by Crestar
B~nk~ in the amount of $126,300.00 has been provided by the developer and approved by the Council to
guarantee installation of public improvements for the Paxton Sewage Pumping Station.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from Farmers and Merchants National Bank, confirmed by
Crestar Bank, in the amount of $126,300.00 is reduced to $25,260.00.
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 Paxton Sewage Pumping Station.
92-178 RESOLUTION AWARDING A PAVING CONTRACT TO SUPERIOR PAVING
CORPORATION
WHE~, sealed bids were received for the town's FY 1993 Annual 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
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Minutes of September 22, 1992
for the street resurfacing 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
prices of $24.47 per ton for 1.5" SM-2A asphalt concrete overlay to be constructed on collector streets,
and $26.48 per ton for 1" SM-1 asphalt concrete overlay to be constructed on local residential streets, for
a total not to exceed $85,000.00.
SECTION II. Streets numbered 1 through 10 and 12 in the attached memorandum shall be
resurfaced under this contract.
92-179 - RESOLUTION - AUTHORIZING THE TEMPORARY DISPLAY OF TWO BANNERS FOR THE
BATTLE OF LEESBURG REVOLUTIONARY WAR REENACTMENT
WHEREAS, the First Virginia Regiment of the Continental Line is hosting a Revolutionary War
encampment and battle reenactment at Ida Lee Park on October 17-18, 1992; and
WHEREAS, the living history program will involve more than 1,000 participants, making it one
of the largest reenactment events ever held in the Washington, D.C., area; and
W-HEREAS, the event will be an asset to the town's economic development efforts; and
WHEREAS, the sponsors have requested Town Council permission to temporarily display two
4-foot by 15-foot banners at the eastern and southern entrances to town to promote the event.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Authorization is hereby granted for the temporary display of two banners along East Market
Street and South King Street to promote the Battle of Leesburg Revolutionary War Reenactment
Saturday and Sunday, October 17-18, at Ida Lee Park. Furthermore, appropriate town forces are
authorized to assist with the installation of the banners.
92-180 - RESOLUTION - MAKING APPOINTMENTS TO THE WORLD WAR II COMMEMORATIVE
COMMUNITY COMMITTEE
WHEREAS, on August 11, 1992; the Town Council established a World War II Commemorative
Community Committee; and
WHEREAS, an advertisement was placed in the Loudoun Times-Mirror soliciting individuals
interested in serving on this committee:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Councilmember Josel~h R. Trocino, Roland Blue, John Chambless, Lee Gladwin, Kathleen Hazelten, Tom
Horne, Stephen Krisa, Nestor Sanchez, Anthony Stasio and Lar .fy Tucker are appointed to the World
War II Commemorative Community Committee.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstat-td
Nay: None
Absent: Mayor Clem and Councilmember Webb
9. (f)
MOTION
On motion of, and duly seconded, the following resolution was proposed and adopted.
92-181 - RESOLUTION - AUTHORIZING "THE SOUTH WALL FANTASY" SPECIAL EVENT
REQUESTED BY THE LOUDOUN ARTS COUNCIL AND MAKING AN
APPROPRIATION
277
Minutes of September 22, 1992
WHEREAS, the Loudoun Arts Council has requested that the south wall of the town's parking
facility be used as a projection screen for "The South Wall Fantasy", a visual art competition; and
WHEREAS, the Arts Council has requested a contribution from the town in the amount of $150
to be used as a prize in the competition; and
WHEREAS, the event will attract spectators and participants to downtown Leesbur~, and
WHEREAS, the Town Council has consistently promoted special events as effective economic
development tools:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Loudoun Arts Council is authorized to use the south wall of the parking facility
for its "South Wall Fantasy" event on October 2, 1992.
SECTION II. Town forces are authorized to assist in the conduct of the event.
SECTION III. An appropriation of $150 is hereby authorized to be made from the unappropriated
general fund balance for the purpose of providing prize money for the competition.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd
Nay: None
Absent: Mayor Clem and Councilmember Webb
9. (k)
MOTION
On motion of Ms. Umstattd, seconded by Mr. Trocino, the following resolution was proposed and adopted.
92-182 - RESOLUTION - AUTHORIZING A CONTRIBUTION TO POSITIVE YOUTH WORKS AND
MAKING AN APPROPRIATION
WHE~, Janet Perry, Director of Positive Youth Works, appeared on August 11, 1992, before
the Town Council requesting $8000 in funding for Positive Youth Works; and
WHEREAS, Positive Youth Works has demonstrated that it is an organization that works to
benefit the children in the Loudoun House community; and
WHEREAS, the Town Council in the past has recognized the excellent work of the organization
by authorizing $2500 in the fiscal year 1992 budget and $2500 in the fiscal year 1993 budget as a
contribution to Positive Youth Works; and
WHEREAS, Janet Perry appeared before the Finance Committee of the Town Council on
September 10, 1992, to withdraw the funding request; and
WHEREAS, the Finance Committee after significant dehberafion voted to recommend to the full
Town Council a contribution of $5000 to Positive Youth Works in addition to the $2500 appropriated in
the FY 1993 budget:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
An appropriation of $5000 is hereby authorized from the fiscal year 1993 unappropriated general
fund balance to be used as a contribution to Positive Youth Works effective upon passage of this
resolution.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd
Nay: None
Absent: Mayor Clem and Councilmember Webb
278
Minutes of September 22, 1992
10.
MOTION
On motion of Ms. Umstattd, seconded by Mr. Trocino, the following resolution was proposed and adopted.
92-183 - RESOLUTION - AUTHORIZING THE TEMPORARY DISPLAY OF TWO BANNERS FOR THE
DAYBREAK ROTARY CLUB'S MINI GRAND PRIX ON OCTOBER 24-25, 1992
WHE~, the Leesburg Daybreak Rotary Club is sponsoring the "Mini Grand Prix" on October
24-25, 1992, to raise funds for scholarships; and
WHEREAS, the event is designed to attract a large number of spectators and participants; and
WHE~, the club has requested permission to display two banners at the entrances to town
to promote the event; and
WHEREAS, the event should enhance the town's economic development efforts:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Authorization is hereby granted for the temporary display of banners promoting the Daybreak
Rotary Club's Mini Grand Prix scheduled for October 24 and 25, 1992.
VOTE
Aye: Councilmembers Atwell, Blake, Trocino, Umstattd
Nay: None
Abstain: Bange
Absent: Mayor Clem and Councilmember Webb
MOTION
On motion of Mr. Blake, seconded by Mr. Trocino, the meeting was adjourned at 9:15 p.m.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd
Nay: None
Absent: Mayor Clem and Councilmember Webb
/ ange
Mayor Pro-tern
Clerk of Council