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HomeMy Public PortalAbout1993_02_09453 0 Z TOWN COUNCIL MEETING MINIYrES OF FEBRUARY 9, 1993 A regular meeting of the Leesburg Town Council was held on February 9, 1993, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Vir~nia. The meeting was called to order by Mayor Clem. INVOCATION was given by Councilmember Bange. SALUTE TO THE FLAG was led by Cub Scout Pack 9~4 with a presentation of colors by the Shark Patrol. ROLL CALL COUNCH.MEMBERS PRESENT George F. AtweH Georgia W. Bange Ronald W. Blake Joseph R. Trocino Kristen C. Umstattd William F. Webb (absent) Mayor James E. Clem STAFF MEMBERS PRESENT Town Manager Steven C. Brown Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning and Development Michael Tompkins Zoning Administrator Scott Johnson Public Information Officer Susan Farmer Town Attorney George Martin Clerk of Council Barbara Messinger APPROVAL OF MINUTES MOTION On motion of Mr. Blake, seconded by Ms. Bange, the regular meeting minutes of January 12, 1993, were approved as submitted. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Mayor Clem Nay: None Absent: Webb MOTION On motion of Ms. Umstattd, seconded by Ms. Bange, the regular meeting minutes of January 26, 1993, were approved as submitted. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Mayor Clem Nay: none Abstain: Trocino Absent: Webb PROCLAMATION MOTION On motion of Ms. Bange, seconded by Ms. Umstattd, the following proclamation was proposed and adopted. SCOUTING'S DUTY TO GOD AND COUNTRY MONTH WHEREAS, February is Scouting's "Duty to God and Country Month"; and WHEREAS, Scouts are celebrating this anniversary with an emphasis on religion and volunteer 454 service; and WHEREAS, God and Country have been two pillars of Scouting since it began; and WHEREAS, the Boy Scout Oath, Scout Law, and Cub Scout Promise all stress Duty and God; and WHEREAS, many Scout Troops, Cub Packs and Explorer Posts are sponsored by churches and synagogues; and WHEREAS, during the anniversaryweek of February 7 - 12, Boy Scout troops will assemble for Good Turn Projects; and WHEREAS, Cub Scout packs will hold Blue and Gold Dinners, while Boy Scouts will hold Court of Honor. Each function is a ceremony in which major Scout awards are presented and all participants rededicate themselves to Scouting. THEREFORE, BE IT RESOLVED that the Mayor and Council of the Town of Leesburg hereby proclaim the month of February 1993 as Scouting's Duty to God and Country Month and urge all citizens of Leesburg and Loudoun County to give their full support to this effort. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Mayor Clem Nay: None Absent: Councihnember Webb PETITIONERS Mr. Mike Lowe, representing the town's Special Events Committee, addressed the Council presenting a summary of the committee's final report. Ms. Umstattd stated that she was very impressed with the committee's work. She stated that the committee has taken a subject area that was the cause of a lot of dissension and brought a lot of reconciliation out of that. Mr. Brown echoed Ms. Umstattd's comments. This matter was referred to the February 16, 1993, Administration and Public Works Committee for further consideration. Mr. William McChesne¥, representing the Leesburg Foundation, addressed the Council regarding Leesburg economic development. Mr. McChesney's statement is attached and made a part of the official record. Mr. Dave Cowley, representing the Leesburg Foundation, addressed the Council with a proposal for an air show to be held at the Leesburg Municipal Airport. Mr. McChesney requested funding in the amount of $156,000.00 for the first year. He asked that the Town Council review the Leesburg Foundation's proposal and vote to support an initial funding in the amount of $52,000. Ms. Umstattd asked Mr. McChesney what the town would receive for it's initial investment of $52,000.00. Mr. McChesae¥ stated people downtown, tax dollars, houses re-sold, permanent residents in town, - an economic development program. Ms. Umstattd asked if there would be an investment of funds needed for the air show. Mr. McChesney stated yes, approximately $86,000.00. Initially $2,000.00 for a concept plan and $30,000.00 for seed money. Ms. UmsiatLd asked what the iikelihood is that the Leesburg Foundation could bring in corporate sponsors almost immediately to help pick up the financial burden. Mr. Cowley stated that if he were a corporate sponsor he would expect to be able to look at a concept plan or a marketing brochure. Mr. James Car!., President of the Loudoun County Public Library Foundation, addressed the Council stating that the Loudoun County Administrator announced last week to close the Balch Library - delete funding of the library from the budget and layoff the library's staff. Mr. Carr asked for a statement of opposition to the closing of the Balch Library, from the Town Council. -2- 455 Mayor Clem stated that he has pledged his support in the past and will continue to support the h~orary. Mr. Brown stated that a meeting is scheduled tomorrow with representatives of Loudoun County to further discuss this matter. MOTION On motion of Ms. Bange, seconded by Mr. Blake, the following resolution was proposed and adopted. 93-24 - RESOLUTION - URGING THE LOUDOUN COUNTY BOARD OF SUPERVISORS TO 0 Z CONTINUE FUNDING THE THOMAS BALCH HISTORY AND GENEALOGY LIBRARY IN LEESBURG WHEREAS, the Thomas Balch Library at 208 West Market Street in Leesburg opened in 1922 as the county's first public library, named in honor of the Leesburg born author, counselor to the U.S. Supreme Court and scholar Thomas Balch; and WHEREAS, the Bakh library has served as a local and regional history and genealogy library since the 1992 opening of Rust library adjacent to Ida Lee Park; and WHEREAS, the library houses nearly 3,000 books, as well as oral histories, newspapers, family records, and numerous manuscripts, diaries, letters, registers, photographs and maps; and WHEREAS, many families and historical events throughout the United States trace their origins to persons and events in Loudoun County; and WHEREAS, a total of 98 individuals and organizations have donated materials to the Thomas Balch library in the last two years; and WHEREAS, the Balch library houses a unique and valuable collection of historical and genealogical materials that attract more than 4,000 visitors per year and generate hundreds of written and telephone inquiries per year from all across the United States, contributing significantly to local tourism; and WHEREAS, the non-profit Loudoun County Public Library Foundation has identified the restoration of the Balch library as its main goal and has launched a $1 million fundraising effort; and WHEREAS, the Town of Leesburg in FY 92 contributed $5,000 to assist in interior refurbishing of the facility; and WHEREAS, Loudoun County has proposed to close the Thomas Balch Library to save a total of $75,675.00. THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: SECTION I. The Loudoun County Board of Supervisors is hereby urged to continue funding for the Thomas Balch History and Genealogy Library in recognition of its unique and valuable contribution to the town, county and region. SECTION II. The Town Manager is hereby authorized to transmit a copy of this resolution to the Board of Supervisors during its deliberation of the FY 94 county budget. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Mayor Clem Nay: None Absent: Councilmember Webb Mr. Hubbard Turner, a resident of 1107 Bradfield Drive, S.W., addressed the Council stating his opposition to the proposed land lease residential development. He urged the Council to vote no. Mrs. Sandra Carlson, a resident of ii05 Nickeis Place, S.W., aaaressea the *Council stating her opposition to the proposed land lease residential development. She urged the Council to deny the application. Mrs. Heidi Malacarne., a resident of Halyard Court, S.E., addressed the Council in opposition to the proposed land lease residential development. She stated that the town needs to adopt guidelines for affordable housing and adopt a definition of affordable housing. She asked that the Council vote against the proposed development. Mr. Fred Zurbac~ a resident of 123 Meadows Lane, N.E., representing the Loudoun Hills Homeowners Association, addressed the Council. He asked that the Council postpone their decision until they hear from -3- 456 other communities. He expressed the importance of being represented by all segments of the community. Mr. Dino Samarco, a resident of 140 Governors Drive, S.W., addressed the Council with regard to the proposed land lease residentialdevelopment. He stated that he would not like to see the town take a band-aid approach to a long term problem. He asked that the Council postpone their vote to allow more concerned residents to become better informed and express their opinions to the Council. Mrs. Cathie Wilt, a resident of Saber Court, S.E., addressed the Council requesting that the Council not postpone the vote and to vote on this issue tonight. She asked that the Council vote against this proposal. Mrs. Wilt stated that according to the Manufactured Home Institute Buyer's Guide loans for manufactured homes are not real estate loans. They are generally 2 to 3 percent higher. Additionally these loans are only given for 15 to 20 year terms. An example of a $$0,000.00 loan, which is what Mr. Frenzel said he would be charging for these units - documented in the town's files, with a 10 percent down payment at 11 percent interest the monthly payment for the housing unit alone would be $511.47. This does not include any bank fees or taxes. Add to this the $400.00 ground lease fee, also documented, the payments would be $911.47 per month. Mrs. Wilt referred to a similar community in the area that for the $400.00/month land rental fee the residents receive a community center with a large screen W, a swimming pool, tennis court, basketball court, RV storage, a playground. There is no space for these amenities in the development proposed in Leesburg. She stated that as of December 1992 there were 147 homes listed at $100,000.00 or less. Mr. Blake stated that 65 percent of the 147 homes were condominiums. Ms. Umstattd commented on Mr. Blake's statement by stating that the manufactured homes are about 900 square feet. Many condominiums are larger then that. Mr. Craig Frederick, a resident of Beauregard Estates, addressed the Council regarding the proposed land lease residential development. He stated that the financial appeal of this type of housing is not evident. He asked that the Council be advised by the appropriate persons on what the maximum allowable loan on this type of property is. What the interest rates would be on such a loan and the depreciation of the asset value over time and the reasons why this is the case. He asked that the Council also be advised on the projected revenue downside to this type of development on all B-3 zoned parcels. As well as the potential tax revenue reductions on de-valued commercial and residential properties already developed and adjacent to these properties. He asked that the Planning Commission be given the chance to report specifically on the impact of these types of developments on the town's comprehensive plan, that is being revised, in terms of both the aesthetic and the economic parameters that effect this town. Mr. Frederick stated that the impact on this type of development on the school system was reported based on data supplied by Loudoun County. Loudoun County has no historical or present experiencewith this type of development as it relates to an impact on a school system. He suggested that the Council be advised on this critical issue after reviewing data from a county such as Fairfax which does have experience with this type of development. From Fairfax data alone, the Council will discover that this type of development has much greater real impact on schools then the speculative, imagined one reported to the Council and derived from inappropriate data. He asked that the Council become better informed on these specific issues from a broad spectrum of experts before taking action. The economic gain of one land owner should never lay the foundation for an economic disaster for a town especially when the gain is achieved by a stroke of that town's pen. He urged the Council to vote no on this special exception. Mr. Grelt Adams, a resident of Leesburg, addressed the Council urging the Council to vote no on the land lease residential development. He stated that many of the soils in the town are Class 4 Soils - development on Class 4 soils is listed as very poor potential, severe problems some not correctable. He referenced the Town's Zoning Ordinance stating that the purpose and intent in the B-3 under permitted uses - residential - none. Under special exception uses - residential - none. Under the special exception process rules and regulations "the use shall comply with applicable zoning district regulations and applicable provisions of the adopted Town Plan." He expressed concern with how this project will effect the Town of Leesburg. The Town Plan is a guide but the major purpose of the plan is to promote the interest of the citizens at large rather then those of individuals or special groups. He state{i tiaat t"e appiicam Orought tibia prOject iorwara under a mixed-use basis. He stated that the applicant is taking the intent of mixed-use, in the Town Plan, to an extreme/out of context. He stated, as a gateway to the town, this project does not fill the objectives and goals of the Town Plan, Zoning Ordinance and soils map issues. Mr. Adams stated that he is not a resident of Beauregard Estates or Country Club but a resident of the Town of Leesburg. He asked that the Council vote on this issue tonight and to vote no. Mrs. Alicia Wilson, a resident of Potomac Crossing, addressed the Council with regard to the proposed land lease residential development. She asked that the Council not vote in favor of this proposal. She expressed 457 concern with property values of the town going down. She asked that the Council define affordable. Mr. Bailey addressed the Council with regard to the proposed land lease development stating that this project would open Pandora's Box - a precedent will then be set. This development does not fit the town's master plan. Manufactured homes are already available in other zoning areas. Affordable housing is already available in Leesburg. He asked that the Council vote no. Mr. Ri~, addressed the Council, with regard to the special events summary. He thanked the Special Events Committee for their sincere effort to resolve some of the problems. He stated that he did not see his particular problem addressed in the summary. He asked that the Council keep him abreast of any further action. Mayor Clem stated that Mr. Culp's particular problem will be addressed next week and that it would be resolved to Mr. Culp's satisfaction. 10. (a) MOTION On motion of Ms. Umstattd, seconded by Mr. Atwell, this matter was placed on the floor for discussion. DISCUSSION Mr. At, well stated that he is not voting against this proposal because of some claims that erroneously call this a trailer park. He is not voting against it because of claims of depreciated property value. He is not voting against it because of claims of overcrowding of schools because it will not. He is not voting against it because of suppositions of bad economic decisions on the part of the developer. He is not voting against it because of claims of a glut of affordable housing. There has to be a definition of affordable housing. He stated that he visited each of the five sites that would be available for this type of special exception should this amendment be adopted tonight. After visiting each of the five sites, with the possible exception of one, he found none of them suitable for this type of amendment. He stated that this type of housing should be in a progression or transition that would come up to but not be a part of or in mixed-use areas. This special exception amendment would not be in keeping with good planning for the Town of Leesburg by putting a residentialcommunity into any of these properties. A precedent is hard to overcome. Once established each case becomes more difficult to control. In view of those reasons Mr. Atwell stated that he cannot support the amendment. Mr. Blake stated that he has served on the Loudoun County Planning Commission and Board of Supervisors and now on the Town Council. He stated that he is qualified with his background to make this statement. He expressed concern with this amendment because he feels it will set a precedence. Although sometimes a precedent does not always apply to the next piece of property. Each piece of property has to be judged by it's own merits. He stated that he has not been influenced at aH. He stated that he feels there have been some rather selfish view points extended through letters and appearances before the Council. He will not support this issue. Ms. Bange stated before the special exception ordinance was put into place she was unhappy with changing the special exception to be a blanket. When someone does a special exception it should be pertinent to that particular situation. She stated that she will not support the amendment tonight and asked that the special exception ordinance come back for consideration before the Council to put it back in its proper place so that a special exception will be just that - pertaining to one particular application rather then a blanket permission. Ms. Umstattd thanked everyone who put aH the effort into this issue and who came out to speak tonight. She ' stated she will vote no on the proposed amendment. Mr. Trocino stated that he has also had experience with hundreds of rezoning issues. He agreed with Ms. Bange stating that the town needs to work harder on land use issues and special exceptions. They should be restricted to individual properties in special cases. He stated that he will not support this issue. Mayor Clem stated that he will not support the amendment. Aye: None Nay: Councilmembers AtweH, Bange, Blake, Trocino, Umstattd, Mayor Clem Absent: Councilmember Webb COUNCILMEMBER'S COMMENTS Mr. Blake had no comment. -5- 458 Ms. Umstattd commended the Mayor for his efforts with regard to the hospital She stated that the town should have a contingency plan in the case of the hospital relocating outside the town limits. She stated that she has talked with representatives of the Winchester Hospital who said they would be interested in talking with the town. She stated that the town needs to ensure its citizens that a high quality hospital remains in the town. Mr. Trocino stated that the Leesburg office of Shenandoah University had an open house and is finding that thier current facility is already too small and will likely branch out. He stated that he has been involved with the hospital project for about three years. He stated that the hospital certainly understands the town's position. He reported on the World War II Commemorative Community Committee. The committee is planning it's first event on Memorial Day. He noted that there have been 19 new businesses to open in Leesburg. Mr. Atwell had no comment. Ms. Ban~e urged the citizens to write letters in support of the Thomas Balch Library in an effort to keep it open. MAYOR'S REPORT Mayor Clem also expressed his support of the Thomas Balch Library. He has also received letters about the Meals for the Elderly. He encouraged citizen support. He reported that a forum will be held on February 22, regarding the hospital issue. He encouraged citizen attendance. He reported on a meeting to be held on Monday, February 15, regarding downtown business. He and Mr. Brown attended a meeting at the hospital to reconfirm the town's position. It was a very productive meeting. The Council held its first budget worksession. He is pleased with staff's efforts on the budget. He stated that 15 real estate brokers have formed a committee and are currently addressing the town's residential holdings. MANAGER'S REPORT Mr. Brown reviewed the Activity Report. LEGISLATION ~0. fo) MOTION On motion of Mr. Blake, seconded by Ms. Bange, the following items were proposed as consent and unanimously adopted. 93-2~ - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTSAND APPROVING A PERFORMANCE GUARANTEE FOR WOODLEA MANOR PHASE I WHEREAS, Elm Street Development, the developer of Woodlea Manor Phase I, has not completed all the required public improvements in accordance with the approved construction drawings and town standards w~thin the two year period agreed to in the contract for public improvements plus two one-year time extension and two 60-day time extensions 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 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 459 WHEREAS, the Director of Engineering and Public Works has approved the amount of S774,000.00 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 WHE~_.AS, 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 confumed by HomeFed or the RTC; and WHEREAS, Elm Street Development is in the process of obtaining new investors and purchasing the current loans from HomeFed; and WHERF_J~, HomeFed has verbally accepted the buy-back offer and ordered a new real estate appraisal of the Woodlea Manor Subdivision for the RTC; and WHEREAS, negotiations are not yet complete and the purchase of the loans must be approved by the RTC; and WHERF~, the developer has requested a time extension to April 25, 1993 to allow sufficient time to complete negotiations and loan purchase; and WHEREAS, the town staff has sent the street lighting plans to VA Power and requested an estimate of the cost for VA Power to install the proposed street light system in Woodlea Manor Phase I. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows: SECTION I. A time extension to April 25, 1993 for the installation of public improvements is hereby approved for Woodlea 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 Woodlea Manor Phase I. ~0. (c~ 93-26 - RESOLI. rrION - AUTHORIZING AN ADDITIONAL TIME EXTENSION FOR EXECUTION OF AN AGREEMENT AND PROVIDING A PERFORMANCE GUARANTEE FOR THE PUBLIC IMPROVEMENTS IN THE STAR PONTIAC VEHICLE STORAGE FACILITY WHEREAS, a gravel vehicle storage facility was created over four years ago without benefit to an approved development plan as required by the town's Subdivision and Land Development Regulations and Zoning Ordinance; and WHE~, subsequently a development plan was submitted and approved by the Planning Commission; and WHE~, the Council by Resolution No. 89-231 authorized an agreement and performance guarantee in the amount of $80,250.00 for public improvements associated with the development plan; and WHERE. AS, a phasing plan was approved which limits the area for vehicle storage, provides the installation of substantial landscaping to screen the lot from adjacent residentialproperty and creates a swale to improve drainage in the area; and WHEREAS, the Council by Resolution No. 90-192 approved the phasing plan and a performance guarantee in the amount of $21,000.00 to guarantee the installation of the landscaping and swale; and WHEREAS, the owner provided a letter of credit from Farmers and Merchants National Bank in the amount of $21,000.00 for Phase I to guarantee the installation of Phase I improvements; and wI-ti~REA~, the instauatwn ot tl~e lanoscapmg, tence anti swale l~ave been completed and approved; and WHEREAS, pursuant to Council Resoiuti,~n No. 90-123 adopted July 25, 1990 the owner was required to enter into an agreement to complete all public improvement and provide the $80,250.00 performance guarantee approved by Resolution No. 89-231 on or before January 25, 1991; and WHEREAS, because of economic conditions, the Town Council adopted Resolutions 91-38 and 92-53 authorizing time extensions to the January 25, 1993; and -7- 460 WHEREAS, the additional landscaping required by Council Resolution 92-53 to be installed adjacent to the Lininger property has been completed; and WHEREAS, the owner has requested an additionalone year time extension because of poor economic conditions. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A one year time extension for execution of the contract for installation of public improvements (PC-2) and providing the performance guarantee is hereby approved. Therefore, on or before January 25, 1994, the owner shall be required to enter into the agreement and provide the performance guarantee as authorized pursuant to Resolution No. 89-231 or remove all vehicles from the gravel vehicle storage area. 10. (d) 93-27 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE C&P BUILDING AT HIGHPOINT WHEREAS, Long Lane Associates Limited Partnership, the developer of the C&P Building at Highpoint, has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from the Fidelity and Deposit Company of Maryland in the amount of $158,349.00 is released, and a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $7,917.45 is approved, and shall be in effect for a period of one year from this date. SECTION II. This release if contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 10. (e) 93-28 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTSFOR THE HIGHPOINTWATERLINE EXTENSION WHEREAS, Sunset Hill Corporation, the developer of the Highpoint Waterline Extension, has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The cash bond in the amount of $2,810.00 is released, and a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $702.50 is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 10. (0 93-29 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAIN'I~NANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE HIGHPOINT PHASE 1 ROAD CONSTRUCTION WHEREAS, Long Lane Associates Limited Partnership, the developer of the Highpoint Phase 1 Road Construction, has compieteci me pu01ic improvements in accorclance wltl~ approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from the Fidelity and Deposit Company of Maryland in the amount of $218,485.30 is released, and a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $10,924.26 is approved, and shall be in effect for a period of one year from this date. 461 SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 93-30 - RESOLUTION - SETTING A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE TOWN'S REFUSE COLLECTION POLICY WHEREAS, on January 11, 1993, a letter from George Barton, Chairman of the Loudoun County Board of Supervisors, advised that effective April 1, 1993, yard waste would not be accepted at the county's landfill when mixed with other trash; and WHEREAS, any yard waste delivered to the county's landfill after April 1, 1993, would be subject to an undisclosed surcharge in addition to the regular tipping fee; and WHEREAS, the county's proposed budget includes a ten percent increase in tipping fees for next fiscal year; and WHEREAS, the town's refuse collection contractor has advised the town that an appropriate policy to offset the increasing costs while retaining a significant level of service is to collect trash once per week and recycled material once per week and charge for special collections; and WHEREAS, the Town Council desires to collect as much public input as possible prior to implementing this policy. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A public hearing regarding changes in the refuse collection policy is hereby scheduled for February 23, 1993, in the Town Council Chambers. The town manager is directed to publish an advertisement to this effect. lO. 93-31 - RESOLUTION - AUTHORIZING THE CLOSING OF STREETS FOR THE THIRD ANNUAL LEESBURG RENAISSANCE FLOWER AND GARDEN FESTIVAL ON APRIL 24 AND WHEREAS, one of the objectives of Leesburg Renaissance is to sponsor special events to enhance the town's economic development efforts; and WHEREAS, Leesburg Renaissance has planned the third annual Leesburg Flower and Garden Festival for Saturday and Sunday, April 24 and 25, 1993, in downtown Leesburg; and WHEREAS, the event requires the closing of Market Street between Church and Wirt Streets and King Street between Cornwall and Loudoun Streets from 9:00 p.m. Friday to 9:00 p.m. Sunday. THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Market Street between Church and Wirt Streets and King Street between Cornwall and Loudoun Streets are hereby authorized to be closed from 9:00 p.m. Friday, April 23, 1993, to 9:00 p.m. Sunday, April 25, 1993, for the purpose of the Third Annual Leesburg Flower and Garden Festival SECTION II. Town forces are authorized to assist with the operation of the event. SECTION III. Leesburg Renaissance, as the event sponsor, will be responsible for notifying downtown businesses in advance of the event and street closing. VOTE Aye: Coundlmembers Atwell, Bange, Blake, Trocino, Umstattd and Mayor Clem Nay: None Absent: Councilmember Webb 10. (i) MOTION On motion of Mr. Blake, seconded by Ms. Umstattd, the following resolution was proposed and unanimously adopted. -9- 462 93-32 - RESOLUTION - RESCINDING AND EXPUNGING THE SPECIAL MEETING MINUTES OF OCTOBER 20, 1992 AND ADOPTING REVISED MINUTES OF THE SPECIAL MEETING OF OCTOBER 20, 1992 WHEREAS, on October 20, 1992, a special meeting of the Town Council was held to discuss the proposed Patowmack Partners Power Plant; and WHEREAS, on November 24, 1992, the special meeting minutes of October 20, 1992, were submitted for approval by the Town Council and disapproved; and WHEREAS, on December 8, 1992, the special meeting minutes of October 20, were resubmitted and approved by the Town Council as corrected; and WHEREAS, after additional review of the corrected and approved special meeting minutes of October 20, the Town Council desires to further amend the minutes to more accurately reflect the remarks made by Mr Peter Lalor, representing the Patowmack Partners Power Plant, at the special meeting of October 20, 1992. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The special meeting minutes of October 20, 1992, are hereby rescinded and expunged from the record. SECTION II. The revised special meeting minutes of October 20, 1992, attached hereto are hereby approved. VOTE Aye: Nay: Absent: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd and Mayor Clem None Councilmember Webb 10. MORON On motion of Ms. Bange, seconded by Mr. Trocino, the following resolution was proposed and unanimously adopted. 93-33 - RESOLUTION - AUTHORIZING THE CONTINUATION OF AN ADVERTISING PROGRAM FOR LEESBURG WHEREAS, Town Council adopted Resolution No. 92-98 on June 23, 1992, to authorize the initiation of an advertising campaign for Leesburg; and WHEREAS, the first six months of the program included a blend of area newspaper advertisements, radio spots, a new town brochure, flyers and cable television commercials and has successfully marketed the entire town's qualities; and WHEREAS, Leesburg Renaissance has proposed the attached program to continue the campaign; and WHEREAS, the Administration and Public Works Committee on February 2, 1993, recommended that the Town Council appropriate $20,000 for the remainder of fiscal year 1993 to continue the campaign. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The attached campaign to promote Leesburg is hereby authorized and $20,000 of town funds are hereby appropriated to initiate the extension of Leesburg Renaissance's advertising program. VOTE Aye: Councilmembers AtwelL Bange, Blake, Trocino, Umstattd and Mayor Clem Nay: None Absent: Councilmember Webb NEW BUSINESS Ms. Umstattd asked that the following motion be referred to the February 16, 1993, Administration and Public Works Committee for further consideration. -10- 463 WHEREAS, on January 12, 1993, Mr. Baldwin, Director of Planning for the Loudoun Hospital Center assured the Town Council that the hospital was operating under the 1990 Board directive that the hospital will remain within the town limits of Leesburg; and WHEREAS, during the first week of February 1993, the Board of Directors at the hospital announced that they were considering moving the hospital out of Leesburg to eastern Loudoun; and WHEREAS, the sudden reversal of the board's position has injected an element of uncertainty and instability into the town's planning and the planning of those citizens of the town and western Loudoun who rely on the existence of medical facilities in Leesburg; and WHEREAS, if the town's negotiations to keep the hospital in Leesburg fail the best interest of the town's citizens could be best served by the Town Council's inviting another hospital to set up facilities in the town; and WHEREAS, preliminary contact with Winchester Hospital indicates that that facility's officers would be willing to discuss the possibility of opening a facility in Leesburg if Loudoun Hospital Center moves out of the town. THEREFORE, BE IT RESOLVED that the Council directs the Administration and Public Works Committee to examine the possibility of opening up negotiationswith Winchester Hospital and to recommend to Council the best approach for doing so. Ms. Ban~e asked that other hospitals be included as well as the Winchester Hospital. Ms. Umstattd agreed. Ms. Umstattd made the following motion: WHEREAS, based on comments made on October 20, 1992, Peter Lalor of Patowmack Power Partners (PPP) stated that the proposed power plant's maximum draw on town water would be 550 gpm the equivalent of 720,000 gpd or 15 percent of the town's fresh water capacity of 4.9 mgd; and WHEREAS, prior to passing a resolution in December 1991 in support of sending town water outside town limits to the proposed power plant neither the Town Council nor staff had yet seen the draft PSD permit issued by the Virginia Department of Air Pollution Control in August 1992; and WHEREAS, negotiations are currently unde~ay between the Department of Air Pollution Control and PPP which negotiations could result in a final permit that differs significantly from the draft permit with possible impacts on the plant's water needs. THEREFORE, BE IT RESOLVED that in the event that the Department of Air Pollution Control issues a final permit to the proposed plant the Town Council shall reconsider the issue of whether or not to send fresh water outside of town to the proposed plant taking into consideration the stipulations of the final permit and the health and general welfare of the citizens of the Town of Leesburg. Mr. Atwell made a motion to table Ms. Umstattd's motion. Mr. Atwell's motion was seconded by Mr. Blake. Mr. Blake asked that motions be presented to the Council prior to them coming before the Council for a vote. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino and Mayor Clem Nay: Councilmember Umstattd Absent: Councilmember Webb On motion of, and duly seconded, the meeting was adjourned at 11:05 p.m. James E. Clem, Mayor -11- 464