HomeMy Public PortalAbout1992_11_24379
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TOWN COUNCIL MEETING MINUTES OF NOVEMBER 24, 1992
A regular meeting of the Leesburg Town Council was held on November 24, 1992, at 7:30 p.m., in
the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by the
Mayor.
INVOCATION was given by Councilmember Georgia W. Bange.
SALUTE TO THE FLAG was led by Director of Finance Paul E. York.
ROLL CALL
Councilmembers present
George F. Atwell
Georgia W. Bange
Ronald W. Blake
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem
Staff members present
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
Planner Marilee Seigfried
Public Information Officer Susan Farmer
Town Attorney George Martin
Deputy Town Attorney Deborah Welsh
Clerk of Council Barbara Messinger
Town Manager Steven C. Brown was absent
APPROVAL OF MINUTES
Councilmember Umstattd submitted corrections to the special meeting minutes of October 20, 1992, and
November 17, 1992, and asked that they be resubmitted.
MOTION
On motion of Mr. Webb, seconded by Mr. Blake, the special meeting minutes of November 9, 1992, were
approved as corrected by Councilmember Trocino, and the regular meeting minutes of November 10, 1992
were approved as submitted.
Councilmember Bange abstained from the vote because she was absent from both of the meetings.
VOTE
Aye: Councilmembers Atwell, Blake, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
Abstain: Councilmember Bange
PETITIONERS
Mr. York presented the Annual Comprehensive Financial Report for Fiscal Year 1992. He stated that this
report was prepared by the finance department staff and has been audited by the town's certified public
accounting firm Yount, Hyde and Barbour.
Mr. Jeff Mitchell, representing Yount, Hyde and Barbour, addressed the Council briefly reviewing the town's
financial report.
Councilmember Umstattd asked Mr. Mitchell where he thought the town should be with the general fund
balance?
Mr. Mitchell answered by stating that a 20 percent buffer would be appropriate.
Mr. York recogni?ed Assistant Director of Finance Steve Krisa for his efforts on the financial report. The
report is primarily Mr. Krisa's responsibility. Mr. York also recognized Nancy Fixx for her clerical support.
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Mr. Jim Wordsworth, representing the LCCVB, addressed the Council referencing a letter from the Leesburg
Foundation. He expressed concern with the letter stating that the crux of the letter basically asks for an
abandonment, by the Town, of cooperating in the state accreditation efforts of the LCCVB. He requested
support of the Town Council of the state accreditation program.
PUBLIC REARINGS:
a. To consider a slim ordinance amendment to Section 10A-9.
Mr. Johnson addressed the Council presenting the staff report.
Councilmember Umstattd asked if this amendment would apply to the historic district as well as the rest of
the town?
Mr. Johnson stated currently the sign ordinance for the historic district is very broad. The BAR has complete
discretion over what kinds of signs can be issued for the H-1 district. Therefore, this amendment would not
have any impact on the historic district.
Councilmember Umstattd questioned shifting legal liability if an applicant's sign proposal is turned down.
Does that then shift onto the Zoning Administrator's shoulders?
Mr. Johnson stated since it is a discretionary act the applicant could come before the Council and petition the
Council to review the Zoning Administrator's decision.
Councilmember Umstattd asked if the applicant would be required to make an appeal before the Council
before taking any legal action against the Zoning Administrator?
Mr. Johnson stated he did not believe there was an issue of being sued. The Town has a sign ordinance with
clear guidelines for what signs are permitted within the town. If there is a unique circumstance this gives the
Zoning Administrator the ability to look at the unique circumstance and determine that it would be
appropriate to approve the request. This amendment introduces a little more flexibility for those unique
circumstances.
Councilmember Bange asked if the Zoning Administrator would make the applicant aware that he has the
right of appeal to the Council?
Mr. Johnson stated yes.
Councilmember Trocino asked if any public comment has been received and if Mr. Johnson was prepared to
enforce this amendment?
Mr. Johnson stated no public comment has been received and that he was prepared to enforce the
amendment.
Mr. Paul Roxy, president of Graphic Neon, addressed the Council. He expressed concern with the BAR
review of strip malls in Leesburg and asked if the Zoning Administrator would have the ability to override
the BAR or should an applicant still go before the BAR for approval of neon signage?
Mr. Johnson replied yes.
The Mayor closed the public hearing.
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, this matter was referred to the December 1, 1992, Planning
and Zoning Committee for further consideration.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
b. To consider Harrison II Limited Partnership - vacation of lot lines
Ms. Seigfried addressed the Council presenting the staff report.
No public comment was received. Mayor Clem closed the public hearing.
MOTION
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On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and unanimously
adopted.
92-0-40 - ORDINANCE- APPROVING #BLV-92-02 VACATION OF BOUNDARY LINES ON LOTS 2A-
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4, TAX MAP 48A BLOCK 23 AND LOT 6, TAX MAP 48A, BLOCK 38 BY HARRISON
II LIMITED PARTNERSHIP
WHEREAS, this property is comprised of four separate lots; and
WHEREAS, the Leesburg Zoning Ordinance requires structures to be located on a single lot; and
WHEREAS, the owner of these lots desires that the three boundary lines separating lots 2A-4 and
6 be vacated to create a single building lot that conforms with the Leesburg Zoning Ordinance; and
WHEREAS, the Town Council held a public hearing on this application on November 24, 1992:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
Boundary Line Vacation Application #92-02, authorizing the vacation of the boundary lines separating
lots 2A-4, Loudoun County Tax Map 48A, Block 23 and lot 6 Loudoun County Tax Map 48A, Block 38, is
hereby approved as shown on the plat of vacation prepared by Patton Harris Rust & Associates dated
October 16, 1992.
VOTE
Nay:
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
None
COUNCILMEMBER'S COMMENTS
Mr. Webb made no comment.
Mr. Blake made no comment.
Ms. Umstattd referred to the King and Market Street intersection stating that she hopes VDOT will get
involved very quickly. She stated that this is an issue of public safety the way that intersectionworks currently.
She asked that VDOT look into the possibility of a left turn arrow at this intersection - proceeding north on
King Street turning west onto Market Street.
Mr. Mason stated that the town's letter to VDOT requests that VDOT look at the entire intersection. The
town's request has been routed to Richmond, therefore, additional time will be needed. Staff will keep the
Council abreast of any further information.
Mr. Trocino stated that he has noticed an increase in the use of the parking garage and an increase in
pedestrians in the downtown. He also noted that the number of new business licenses is increasing.
He stated that he was pleased to see the number of public speakers at the town's Council meetings. He
wished to publicly congratulate Mr. Paul Jordan who clarified and corrected himseff publicly at the hearing
of the Patowmack Partners Power Plant. Mr. Jordan was very courageous.
Mr. Atwell asked for a progress report on the committee to retain the county government in Leesburg.
Mr. Trocino stated that the committee is awaiting information from the county.
Ms. Ban~e congratulated the Mount Zion United Methodist Church which recently celebrated it's 125th
anniversary.
She attended the Loudoun Chorale Concert on Sunday in Purcellville and congratulated them on a successful
performance.
She stated that Mr. Chris Harvey, a blind citizen of Leesburg, spoke at the Daybreak Rotary Club this
morning. Mr. Harvey is an inspiration to a lot of people.
MAYOR'S REPORT
Mr. Clem echoed Ms. Bange's comments with regard to Mr. Harvey and the 125th Anniversary of the Mount
Zion United Methodist Church.
He attended the Leesburg Crime Prevention Counsel banquet on saturday evening. This is a very hard
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working group moving in a positive direction. Mr. McVeen will be relocating to Florida.
He pointed out that there is a new Roy Rogers on Route 15 South.
He reported on the AAA report which states that Route 7 entering the town was the worst section of road
in the State of Virginia. He talked with AAA to verify where this information was derived from. This
information was received from VDOT. Mr. Clem assured AAA that the fire and rescue of Leesburg could
not substantiate those figures.
He wished to remind everyone that the United Way Campaign is alive and well. He encouraged everyone to
contribute.
MANAGER'S REPORT
Mr. York pointed out that the Council did receive a copy of the written Activity Report. Mr. York briefly
highlighted a couple of issues in the report pertaining to the resignation of Police Officer Mark Hardy, the
Leesburg Renaissance cable tv advertisement and the AAA report.
Mr. Webb asked that Mr. Brown review the minutes of a previous Council meeting regarding the replacement
of any employee. He stated that the only way an employee can be replaced is with the approval of the Town
Council.
LEGISLATION
10. (b)
MOTION
On motion of Mr. Webb, seconded by Mr. Trocino, the following ordinance was proposed and unanimously
adopted.
92-0-41 - ORDINANCE - AMENDING SECTION 10-112 OF THE TOWN CODE TO AUTHORIZE THE
TOWN MANAGER THE APPROVAL OF SPECIAL EVENT BANNERS ON
TOWN RIGHT-OF-WAY
The Town Council regularly receives requests for placing banners on town right-of-way from non-
profit organizations sponsoring special events:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia:
Section 10-112 of the Town Code is hereby amended to read as follows:
S~e. 10-112. Unauthorized signs, signals, etc.
No unauthorized person shall erect or maintain upon any highway any warning or direction
sign, marker, signal or light in imitation of any official sign, marker, signal or light erected under the
provisions of this chapter, and no person shall erect or maintain upon any highway any traffic or highway sign
or signal bearing thereon any commercial advertising. Nothing in this section shall be construed to prohibit
the erection or maintenance of signs, special event banners, markers or signals bearing thereon the name of
an organization or special event which has been authorized to erect the same by the state highway commission
or by the town manager; nor shall this section be construed to prohibit the erection, by contractors or public
utility companies, of temporary signs approved by the state highway department warning motorists that work
is in progress upon the highway or adjacent thereto.
VOTE
Nay:
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
None
to.
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and unanimously
adopted.
92-0-42 - ORDINANCE - APPROVING REZONING APPLICATION #ZM-135 LEESBURG GATEWAY
BY SYCOLIN PARTNERSHIP AND AMENDING THE ZONING DISTRICT MAP
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WHEREAS, on July 14, 1992, the Town Council received and referred to the Planning Commission
an application to rezone a 10.767 parcel of land located in the Gateway Subdivision, further identified as
Loudoun County Tax Map 48S, Block 3, Parcel 9C-2, from B-2 to R-16 with proffers; and
WHEREAS, the incorporated proffers amend the previously approved proffers associated with
adopted rezoning application #ZM-122; and
WHEREAS, on September 17, 1992, the Planning Commission held a public hearing on this
application; and
WHEREAS, on October 1, 1992, the Planning Commission recommended approval of this application
to Council; and
and
WHEREAS, on November 10, 1992, the Council held a public hearing to consider this application;
WHEREAS, this rezoning and proffer amendment will permit single-family attached dwelling units
which is consistent and compatible with adjacent land use, zoning and the Town Plan; and
WHEREAS, this request is in the interest of public necessity, convenience and general welfare:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Rezoningapplication#ZM-135 Leesburg Gateway is hereby approved and the Leesburg
Zoning District Map is amended to change from B-2 to R-16, 10.767 acres of land within the Gateway
Subdivision and further identified as Loudoun County Tax Map 48S, Block 3, Parcel 9C-2, as shown on the
rezoning exhibit by Rettew Associates, Inc., dated June 25, 1992 subject to the following conditions proffered
in writing by the property owner on November 17, 1992, in accordance with the provisions of Section 15.1-
491(a) of the 1950 Code of Virginia, as amended.
Pursuant to Section 15.1-491 of the Code of Virginia and Section 13A-12 of the Leesburg Zoning
Ordinance, the owners as identified on the rezoning plat/exhibit plan of the land of Sycolin Partnership,
prepared by Rettew Associates, Inc., dated June 25, 1992, do hereby make the following voluntary amendment
to proffers contingent upon the approval of the rezoning #ZM-135 to R-16, as described in the
aforementioned rezoning plat.
(1)
Development of the property comprised of approximately 10.76 acres will be developed in general
conformance with the concept plan developed by Dewberry & Davis, P.C., dated July 23, 1990, as
revised by Rettew July 1, 1991. A maximum of 108 dwelling units will be developed on the property.
Environmental controls, such as a pro-rata maintenance share of the stormwater management pond
will be established in a form approved by the Town Attorney. To the extent practical, site grading
will minimize the differential topography between these units and proposed units on the adjacent
parcels.
(2)
The general architectural style anticipated for this project shall be similar to the architectural exterior
elevations of the townhouses submitted with this application and incorporated herein and shall be
equal to the residential character established by such developments as "King's Chaser, ~Exeter~, and
'Kincaid Forest".
(3)
A Homeowners' Association, with appropriate covenants, will be establishedwith participation by each
residential unit; said association is to assume financial, legal and insurance responsibility for common
areas which shall include recreational, landscaping, parking, fencing and other physical improvements
that will not be dedicated to the Town of Leesburg. The Association's charter and accompanying
documents shall be reviewed and approved by the Town Attorney before recordation. Said property
will be transferred to the Town of Leesburg if it ceases to be used by the HOA.
(4)
The owner, prior to the issuance of zoning permits for each unit constructed on the property, shall
make a non-refundable cash contribution to the Town of Leesburg, of One Hundred and no/100
Dollars ($100) per dwellingunit for the Fire and Rescue Services serving and units, and Two Hundred
and no/100 Dollars ($200) per dwelling unit for Parks and Recreation.
This proffer statement constitutes the latest statement, and all prior versions are hereby void.
SECTION II. Subdivision plat and construction drawings are subject to the terms and conditions of
the applicable Subdivision and Land Development Regulations and Zoning Ordinance as well as Town Design
and Construction Standards Manual. Also, rezoning concept plan approval does not express or imply any
waiver or modification of any 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.
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VOTE
Aye:
Nay:
10. (d)
SECTION III. This ordinance shah be effective upon its passage.
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
None
MOTION
On motion of Ms. Bange, seconded by Mr. Wcbb, the following ordinance was proposed and unanimously
adopted.
92-0-43 - ORDINANCE - AMENDING SECTION 12.1-47 OF THE TOWN CODE TO ADD HEALTH
INSURANCE BENEFITS FOR RETIRING TOWN EMPLOYEES UNDER THE
AGE OF 65 WITH FIFTEEN OR MORE YEARS OF SERVICE
WHEREAS, according to Ordinance No. 91-0-59, adopted December 18, 1991, town employees who
retire before the age of 65 are currently eligible for the town's group health insurance only through December
31, 1992; and
WHEREAS, because of the high cost of health insurance, town employees eligible to retire after
December 31, 1992, are discouraged from retiring until they reach age 65; and
WHEREAS, the cost of keeping eligible retirees on the town's group health insurance plan would be
offset by lower payroll costs; and
WHEREAS, retirees aged 65 and over are eligible for medicare benefits which substantially lower the
out-of-pocket expense for health insurance.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 12.1-47. Hospitalization and Insurance of the Town Code and Personnel
Manual is hereby amended to read as follows:
Section 12.1-47. Hospitalization and Insurance.
(a) All employees of the town, unless provided otherwise by these rules, are required 0
participate in group life, basic hospital/surgical-medical, major medical and disability income programs
as approved by the Town Council. The town shall pay all of the total monthly individual premiums for said
coverage described above. The individual employee shah pay the additional hospitalization premiums
for the spouse, family or other dependent coverages when a coverage is requested by the employee.
(b) Employees retiring from the town prier *_e December 3 !, !9_°2_, with 15 years of town
service shall be eligible to participate in the town's group health insurance until age 65 at which time they shall
be dropped from coverage. Retired employees with 15 or more years of service and less than 20 years of
service participating in the plan shall be required to pay one-half of the monthly individual health insurance
............... r' ............... .~ ......... r ...... '2-OV~--"2g~- .... n .......
th,:*~.,al'~*~,a 'l~,a tns,m,~ ,-.~tr~h,,f~,~. ok,all .nt ,avt~,a~.tt ~91~'1 f~h,~,~*~th ~,a~- .~f.~.~ Retired employees with 20
or more years of service and less than 25 years of service participating in the plan shall be required to pay
25% of the monthly individual health insurance premium. Retired employees with 25 years of service or more
may participate in the plan at no cost to them. Retired employees participating in the plan must pay aH of
the additional premium for spouse, family or other dependent coverage as requested by the retiree.
SECTION II. This ordinance amendment shah be effective upon its passage.
DISCUSSION
Mr. AtweH stated that it was important to note that the town's contribution is only for the town employee.
This coverage does not apply to any family members.
VOTE
Nay:
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
None
CONSENTAGENDA
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10. re). (f). (~). (h). (i)
MOTION
On motion of Mr. Webb, seconded by Mr. Trocino, the folk)wing resolutions were proposed as consent items
and unanimously adopted.
92-230 - RESOLUTION - AWI~ORIZING A PUBLIC HEARING FOR #ZM-136 EXETER PRN,
SECTIONS 4 AND 6 REZONING PROFFER AND CONCEPT PLAN AMENDMENT
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public heating to consider a rezoning proffer and concept plan amendment by Pulte Home
Corporation to reduce the minimum townhouse lot width from 20 feet to 18 feet in Exete~r PRN, Sections 4
and 6. The property is located on the south side of Battlefield Parkway and west of fu~re Catoctin Circle
extended. Notification shah be published in the Loudoun Times Mirror on December ~0, 1992 and January
6, 1993 for public heating on January 12, 1993, at 7:30 p.m. in the Council Chambers, 2~ West Market Street,
Leesburgo Virginia.
92-231 - RESOLUTION - AU'I~ORIZING A PUBLIC HEARING FOR #SE-92-08 BURGER KING
SPECIAL EXCEPTION APPLICATION
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public heating to consider special exception application #SE-92-08 by Ben Jarratt and
William Scarbrough for a Burger King fast food restaurant with a drive-through facility to be located within
the Shenandoah Square Shopping Center. This property is located in the northwest quadrant at Route 15
Bypass and Edwards Ferry Road and is zoned B-3. Notification shall be published in the Loudoun Times
Mirror on January 13, 1993 and January 20, 1993 for public hearing on January 26, 1993, at 7:30 p.m. in the
Council Chambers, 25 West Market Street, Leesburg, Virginia.
92-232 - RESOLUTION - AUTHORIZING THE LEASE OF MEETING SPACE TO CHRIST CHAPEL
AFRICAN METHODIST EPISCOPAL CHURCH
WHEREAS, space is available in the Municipal Government Center for use by the public; and
WHEREAS, Christ Chapel African Methodist Episcopal Church has requested to lease the Meeting
Room and Staff Lounge for Sunday worship services and social hour, and the Council Meeting Room or
other available space for Wednesday evening Bible Study; and
WHEREAS, Christ Chapel African Methodist Episcopal Church has agreed to terms for this lease
satisfactory to the Council:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The manager is authorized and directed to execute a one-year lease with Christ Chapel African
Methodist Episcopal Church to permit use of the town facilities described herein for a monthly charge of
$234.00. The town may cancel said agreement at anytime with sixty (60) days notice to the Church. The lease
shah include an option for renewal by mutual agreement for an additional period of one year. The Church
shah furnish a certificate of insurance naming the town as an additional insured evidencing public liability
insurance with a minimum combined single limit of $1 million.
DISCUSSION
Mr. York stated that the church will be meeting in the Council meeting room and staff lounge.
92-233 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARAN'rEE FOR
WOODLEA MANOR PHASE I
WHEREAS, Elm Street Development, the developer of Woodlea Manor Phase I, has not completed
aH 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 plus two one-year time
extensions and one 60-day time extension for Woodlea Manor Phase I; and
WHEREAS, the developer has requested a one year time extension to complete the installation of
the remaining public improvements; and
WHEREAS, the letter of credit from Home Federal Savings and Loan Association (HomeFed), which
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guarantees the installation of public improvements in Woodlea Manor Phase I, in the amount of $774,000.00
automatically renews for additional one year periods of time; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of $774,000.00
to guarantee installation of the remaining public improvements of Woodlea Manor Phase I; and
WHEREAS, HomeFed has been taken over by the Office of Thrift Supervision and placed under the
control of the Resolution Trust Corporation (RTC); and
WHEREAS, no notice of cancellation of the letter of credit has been received by the town from
HomeFed or the RTC although payment of a claim against the letter of credit funds was not confirmed by
HomeFed or the RTC; and
WHEREAS, Elm Street Development is in the process of obtaining new investors and purchasing the
current loads from HomeFed; and
WHEREAS, HomeFed has verbally accepted the buy-back offer; and
WHEREAS, negotiations are not yet complete and the purchase of the loans must be approved by
the RTC; and
WHEREAS, the developer has requested a time extension to January 25, 1993 to allow sufficient time
to complete negotiations.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension to January 25, 1993 for the installation of public improvements is
hereby approved for Woodiea Manor Phase I.
SECTION II. The letter of credit from the HomeFed in the amount of $774,000.00 is approved to
guarantee the installation of public improvements for Woodiea Manor Phase I.
92-234 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR LINDEN
HILL PHASE II
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the improvements
shown on the plans approved by the Director of Engineering and Public Works for Linden Hill Phase II.
SECTION II. The extension of municipal water and sewer for Linden Hill Phase II is approved in
accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The corporate surety bond in a form approved by the town attorney from Fidelity and
Deposit Company in the amount of $195,384.00 is approved as security to guarantee installation of the public
improvements shown on plans approved by the Director of Engineering and Public Works for Linden Hill
Phase II.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
10. fi)
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and adopted.
92-235 - RESOLUTION - ACCEPTIN GPUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE
GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC
IMPROVEMENTS TO EDWARDS FERRY ROAD AND ROUTE 15 BYPASS
WHEREAS, Fort Evans-Beverly Road Associates, the developer of the Improvements to Edwards
Ferry Road and Route 15 Bypass, has completed the public improvements in accordance with approved plans
and town standards, and these have been inspected and approved; and
WHEREAS, the developer of Battlefield Shopping Center must provide the town a performance
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guarantee in the amount of $143,000.00 to guarantee improvements to the existing Cattail Branch Sewage
Pumping Station and a performance guarantee in the amount of $115,621.00 to guarantee their participation
in the Sewer Construction Agreement, as required by Resolution 90-226 adopted on September 12, 1990.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The publ/c improvements installed at Edwards Ferry Road and the Route 15 Bypass
are hereby accepted and a maintenance guarantee in a form approved by the town attorney in the amount of
$125,00.00 is approved and shall be in effect for a period of one year from this date.
SECTION II. The irrevocable letter of credit from Nations Bank in the amount of $500,000.00 shall
not be released until the performance guarantees required by Resolution 90-226, adopted on September 12,
1990, are provided and approved by the Town Attorney.
SECTION III. This release is contingent upon delivery of a properly executed instrument conveying
unto the town all such improvements and easements free of any liens or charges.
VOTE
Aye: Councilmembers Atwell, Bange, Umstattd, Webb and Mayor Clem
Nay: None
Abstain: Councilmembers Blake, Trocino
MOTION
On motion of Ms. Bange, seconded by Mr. Webb, the following resolution was proposed and adopted.
92-236 - RESOLUTION- ACCEPTINGPUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE
GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC
IMPROVEMENTS AT THE BATTLEFIELD SHOPPING CENTER SANITARY SEWER
OUTFALL
WHEREAS, Fort Evans-Beverly Road Associates, the developer of the Battlefield Shopping Center
Sanitary Sewer Outfall, has completed the public improvements in accordance with approved plans and town
standards, and these have been inspected and approved; and
WHEREAS, the developer of Battlefield Shopping Center must provide the town a performance
guarantee in the amount of $143,000.00 to guarantee improvements to the existing Cattail Branch Sewage
Pumping Station and a performance guarantee in the amount of $115,621.00 to guarantee their participation
in the Sewer Construction Agreement, as required by Resolution 90-226 adopted on September 12, 1990.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The public improvements installed at Battlefield Shopping Center are hereby accepted
and a maintenance guarantee in a form approved by the town attorney in the amount of $10,200.00 is
approved and shall be in effect for a period of one year from this date.
SECTION II. The irrevocable letter of credit from Nations Bank in the amount of $40,800.00 shall
not be released until the performance guarantees required by Resolution 90-226, adopted on September 12,
1990, are provided and approved by the Town Attorney.
SECTION III. This release is contingent upon delivery of a properly executed instrument conveying
unto the town all such improvements and easements free of any liens or charges.
VOTE
Aye: Councilmembers Atwell, Bange, Umstattd, Webb and Mayor Clem
Nay: None
Abstain: Councilmembers Blake, Trocino
MOTION
On motion of Ms. Bange, seconded by Mr. Webb, the following resolution was proposed and adopted.
92-237 - RESOLUTION- ACCEPTINGPUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE
GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC
IMPROVEMENTS AT THE BATTLEFIELD SHOPPING CENTER
WHEREAS, Fort Evans-Beverly Road Associates, the developer of the Battlefield Shopping Center,
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has completed the public improvements in accordance with approved plans and town standards, and these have
been inspected and approved; and
WHEREAS, the developer of Battlefield Shopping Center must provide the town a performance
guarantee in the amount of $143,000.00 to guarantee improvements to the existing Cattail Branch Sewage
Pumping Station and a performance guarantee in the amount of $115,621.00 to guarantee their participation
in the Sewer Construction Agreement, as required by Resolution 90-226 adopted on September 12, 1990.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The public improvements installed at Battlefield Shopping Center are hereby accepted
and a maintenance guarantee in a form approved by the town attorney in the amount of $36,850.00 is
approved and shall be in effect for a period of one year from this date.
SECTION II. The irrevocable letter of credit from Nations Bank in the amount of $147,400.00 shall
not be released until the performance guarantees required by Resolution 90-226, adopted on September 12,
1990, are provided and approved by the Town Attorney.
SECTION III. This release is contingent upon delivery of a properly executed instrument conveying
unto the town all such improvements and easements free of any liens or charges.
VOTE
Aye: Councilmembers Atwell, Bange, Umstattd, Webb and Mayor Clem
Nay: None
Abstain: Councilmembers Blake, Trocino
REGULAR AGENDA
10. (m)
MOTION
On motion of Mr. Trocino, seconded by Ms. Bange, the following resolution was proposed and adopted.
92-238 - RESOLUTION - SUPPORTING THE LOUDOUN COUNTY CONFERENCE AND VISITOR
BUREAU APPLICATION FOR THE VIRGINIA TOURISM ACCREDITATION
PROGRAM
WHEREAS, the Town of Leesburg provides funding to the Loudoun County Conference and Visitor
Bureau as an economic development public/private partnership; and
WHEREAS, the Town of Leesburg desires to broaden its economic interests in Loudoun County by
expanding the area's travel market in order to generate increased visitor expenditures, tax revenues, and
employment; and
WHEREAS, the Town of Leesburg desires to provide a cooperative community framework within
which all communities within Loudoun County can better engage in effective tourism promotions; and
WHEREAS, the Loudoun County Conference and Visitor Bureau, on behalf of the Town of Leesburg
and the other incorporated towns within Loudoun County, will apply to the Virginia Department of Economic
Development for acceptance into the Virginia Tourism Accreditation Program: THEREFORE,
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town of Leesburg is a participating jurisdiction in the community's efforts to become a fully
accredited community travel destination, and is supportive of the Loudoun County Conference and Visitor
Bureau application for acceptance into the Virginia Tourism Accreditation Program.
Mr. Webb asked for information on Leesburg providing its own conference and visitor's bureau.
Ms. Umstattd pointed out that in previous committee meetings she had asked how much this would cost the
town and does this preclude the town having it's own visitor's bureau? She stated that she does not want to
bind the town to support one private or private/public venture over another private venture when there are
two in competition.
MOTION
Ms. Umstattd made a motion to table this matter for the time being. The motion was seconded by Mr. Webb.
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Aye: Councilmembers Umstattd, Webb
Nay: Counciimembers Atwell, Bange, Blake, Trocino and Mayor Clem
Ms. Barite stated that she saw no reason why the town could not be a part of both visitor's bureaus. This does
not mean that the town is committed to support either.
Mr. Trocino expressed support of the resolution. He stated that one of the best gifts the Council can give the
town is consistency. The town is already providing funding for the LCCVB and it would be appropriate to
support this.
MOTION
Ms. Umstattd made the following motion to amend the proposed resolution:
To be inserted at the end of the last paragraph of the resolution.
; however the Town of Leesburg retains the right to endorse and support a Leesburg Visitors Bureau that may
be independent of the LCCVB and nothing in this resolution should be deemed to preclude the town from
exercising that option in the future if the town so chooses.
The motion was seconded by Ms. Bange.
DISCUSSION
Mr. Atwell asked if there is any possibility that would preclude the town from having its own visitors bureau?
Mr. Wordsworth stated that he did not believe so.
VOTE ON THE AMENDMENT TO THE RESOLUTION MADE BY MS. UMSTATrD
Aye: Councilmembers Umstattd, Webb
Nay: Councilmembers AtwelL Bange, Blake, Trocino, Mayor Clem
VOTE ON THE RESOLUTION
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Mayor Clem
Nay: Councilmembers Umstattd, Webb
DISCUSSION
Mr. Atwell stated that by voting against the amendment he is not voting against the Leesburg tourism group.
He looks forward to this group coming forward with a proposal.
Mr. Blake concurred with Mr. Atwell's statement.
10. (n)
MOTION
On motion of Ms. Umstattd, seconded by Ms. Bange, the following resolution was proposed and adopted.
92-239 - RESOLUTION - AUTHORIZING A TRANSFER OF $2,000 FROM THE UNAPPROPRIATED
FUND BALANCE INTO THE GENERAL FUND FOR PAYMENT OF A DONATION
TO FIRST NIGHT LEESBURG, INC.
WHEREAS, First Night Leesburg is a non-profit organization which presents a family focused, non-
alcoholic celebration of the arts on New Year's Eve, attracting thousands of residents and visitors to historic
downtown Leesburg; and
WHEREAS, the Town of Leesburg has provided funding each year for First Night Leesburg since its
inception in 1986, however no funding for First Night Leesburg was included in the adopted FY'92-'93 Town
of Leesburg Budget; and
WHEREAS, the First Night Leesburg Board of Directors has requested a donation from the Town
of Leesburg in the amount of $2,500; and
WHEREAS, the Town Council Finance Committee has recommended a donation to First Night
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Leesburg this year in the amount of $2,000; and
WHEREAS, the County of Loudoun has continued to budget for a contribution to First Night
Leesburg this year, and the Town of Leesburg also desires to remain supportive of this important event:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Council hereby authorizes a transfer of $2,000 from the unappropriated fund balance into
the General Fund, and subsequent payment of a donation in the amount of $2,000 to First Night Leesburg
on or before December 31, 1992.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
10. (o)
MOTION
On motion of Ms. Bange, seconded by Mr. Webb, thc following resolution was proposed and adopted.
92-240 - RESOLUTION - AUTHORIZING THE ISSUANCE OF A HOLIDAY BONUS FOR TOWN
EMPLOYEES AND MAKING AN APPROPRIATION
WHEREAS, funding for the holiday bonus was eliminated in the FY 1993 adopted budget; and
WHEREAS, the Town Council would like to show their appreciation to the town employees for their
help and cooperation during the year; and
WHEREAS, the efforts of town employees have contributed to the establishment of a general fund
balance in excess of $1.1 million.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Regular, full-time town employees are authorized to receive a holiday bonus in the
amount of $100.00 plus tax requirements. Regular part-time town employees shall receive a pro-rated share
of the full bonus amount in accordance with the number of hours worked.
SECTION II. Aa appropriation is authorized in the amount of $11,425.00 from the unappropriated
general fund balance and $3,250.00 from the utility fund balance.
DISCUSSION
Mr. York stated that the total amounts would be $14,675.00.
Mr. Webb referred to the second Whereas in the resolution and stated that it sounds like the Council is giving
a Christmas bonus in lieu of an increase. He asked that the whereas be eliminated.
Mayor Clem stated that this would not be in lieu of an increase if in fact money was available.
Ms. Bange asked that this be replaced with "Whereas, the Council would like to show their appreciation to
members of the staff for their help and cooperation during the year."
Mr. Webb agreed.
Mr. Trocino pointed out that the bonus of $100.00 is the same amount approved for the highest paid employee
as it is for the lowest paid employee.
Ms. Umstattd stated that she appreciates the work of the employees but $100.00 after taxes is awfully
exorbitant in these times. This is almost $15,000.00. She referenced an article in the paper about how the
Council would give this bonus but then be forced to lay off town employees later on. "That is not a terribly
humanitarian way to approach this." "We have pressing problems in this town. We have a dangerous
intersection at King and Market. Yet have delayed doing anything about it or spending any money on it for
months now. We have just lost a police officer. We have a Crime Task Force that have said we need greater
financing going to the police department to beef-up crime prevention and control in the town." She stated
that she did not want to see anyone laid off in the spring, therefore would vote against the resolution. Ms.
Umstattd would support a $25.00 bonus for each town employee.
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Ms. Bange stated that she has not heard about any layoffs.
Mr. Trocino stated that he would also like to see no layoffs but there is some realism that the Council will
have to balance the budget and all options have to be considered. The bonus is in recognition of the above
par work that the town's employees have performed as stewards for the people of Leesburg.
Mr. Blake asked Ms. Umstattd how she could support a $2,000.00 donation to an organization and not show
the appreciation to the town employees who have helped put the town into the position of having a nice carry-
over of funds.
Ms. Umstattd stated that part of the reason for the town's good financial shape is due the once in a lifetime
windfall bonus from the change in property tax revenue accounting. The $2,000.00 donation to First Night
Leesburg benefits the citizens of the town. Fifteen thousand dollars is a major expenditure for this town. "We
need to save money wherever possible."
Mr. Atwell referenced page 26 in the auditor's report and stated that the town's revenues were over estimated
by $389,000.00, and the town's expenditureswere under budget by $1,042,000.00. "This tells me that although
some of that million dollar increase in the town's 1990-92 fund balance came from the one-time tax gain, this
past budget tells me that there was an awful lot of savings that took place throughout the budget not only to
offset the reduced revenues but to accomplish the savings and expenditures that the staff did." He stated that
the Council should show their appreciation. He stated that the $14,000.00 is not going to bust the budget
either this year or next.
VOTE
Aye:
Nay:
Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem
Councilmember Umstattd
Mayor Clem stated that sometimes the Council loses track of the town's employees and the hours they put
in. It is greatly appreciated by members of this Council. "We have not been able to give the employees a
raise for two years. Who knows what this budget session will have in store.
Mr. Webb referred to the comment made about layoffs and stated that a clarifying statement should be made
before this gets out of hand.
Mayor Clem stated that the Council has no idea. Budget deliberations have not yet begun.
Mr. Trocino stated that layoffs were a consideration last year and that everything will be a consideration this
year.
Mayor Clem stated that there has been no discussion of layoffs. He supported Mr. Trocino's statement of
everything will be looked at.
NEW BUSINESS
MOTION
On motion of Mr. Blake, seconded by Mr. Webb, the following resolution was proposed and adopted.
92-241 - RESOLUTION- AWI~ORIZING AN AGREEMENTAND APPROVING WATER AND SEWER
EXTENSION PERMITS FOR KINCAID FOREST PHASE 1, SECTION 2
WHEREAS, the construction drawings and final plat for Kincaid Forest Phase 1, Section 2 have been
conditionally approved; and
WHEREAS, the developer, First Potomac Development Company, wishes to proceed with installation
of the public improvements without providing a performance guarantee; and
WHEREAS, the final subdivision plat for Kincaid Forest Phase 1, Section 2 cannot be recorded until
all the public improvements are completed and accepted by the Town Council or a performance guarantee
acceptable to the Town Council is provided by the developer.
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Manager shall execute the contract for public improvements with First Potomac
Development Company for the improvements shown on the plans approved by the Director of Engineering
and Public Works for Kincaid Forest Phase 1, Section 2.
SECTION II. The extension of municipal water and sewer for Kincaid Forest Phase 1 Section 2 is
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approved in accordance with Sections 15-9 and 19-18 of the Town Code.
DISCUSSION
Ms. Umstattd stated that this is the third request of it's kind in the town's history. The first was Pulte then
the Double T Corporation and the precedent continues. She stated that she would vote against the resolution.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Webb and Mayor Clem
Nay: Umstattd
Abstain: Councilmember Trocino
MOTION
On motion of, and duly seconded, the meeting was adjourned at 9:35 p.m.
Clerk of Counc]i
James E. Clem, Mayor
Town of Leesburg
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