HomeMy Public PortalAbout1993_03_09m
TOWN COUNCIL MEETING MINIJTES OF MARCH 9, 1993
A regular meeting of the Leesburg Town Council was held on March 9, 1993, at 7:30 p.m., in the
Council Chambers, 25 West Market Street, Leesburg, Virginia. The meetingwas oiled to order by the Mayor.
INVOCATION was given by Councilmember Bange
SALUTE TO TIlE FLAG was led by Eagle Scout Joseph Edward Moye
ROLL CALL
Councilmembers present
George F. Atwell
Georgia W. Bange
Ronald W. Blake (Absent)
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem
STAFF MEMBERS PRESENT
Town Manager Steven C. Brown
Assistant Town Manager Peter Stephenson
Director of Finance Paul E. York
Director of Engineering and Public Works Thomas A. Mason
Director of Utilities Randolph W. Shoemaker
Director of Planning, Zoning and Development Michael Tompkins
Chief of Police James M. Kidweil
Officers Brian Rourke and Scott Warner
Capital Projects Coordinator Barry Thompson
Engineer Charles Mumaw
Public Information Officer Susan Farmer
Town Attorney George Martin
Clerk of Council Barbara Messinger
APPROVAL OF MINUTES
On motion of Ms. Bange, seconded by Mr. Webb, the special meeting minutes of February 16, 1993, February
23, 1993, March 2, 1993 and the regular meeting minutes of February 23, 1993, were approved as submitted.
VOTE
Aye: Councilmembers AtwelL Bange, Trocino, Umstattd, Webb, Mayor Clem
Nay: None
Absent: Councilmember Blake
CERTIFICATES OF APPRECIATIONS AND PROCLAMATION
Mayor Clem presented the following proclamation to Eagle Scout Joseph Edward Moye.
A
PROCLAMATION
OF CONGRATULATIONS
TO JOSEPH EDWARD MOYE
WHEREAS, the achievement of Eagle Scout is the highest rank awarded by the Boy Scouts
of America; and
WHEREAS, this positive distinction earned by one of Leesburg's citizens in light of the many
challenges faced by today's youth should be recognized by all citizens of Leesburg and Loudoun
County; and
WHEREAS, this honor is one that will distinguish you throughout your life; and
WHEREAS, Joseph Edward Moye has earned the respect of his neighbors and fellow citizens:
BE IT THEREFORE, RESOLVED that the Mayor and Town Council of the Town of
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Leesburg hereby congratulate Joseph Edward Moye on the achievement of Eagle Scout.
Mayor Clem presented Certificates of Appreciation to Leesburg Police Officers Brian Rourke and
Scott Warner.
PETITIONERS
Miss Callahan and Miss Ripperger, students of Loudoun County High School, invited the Council
to attend the YMCA Leadership Training Conference to be held at the Xerox Training Center this
weekend from 8:30 p.m. to 4:00 p.m.
Mr. Alton Echols addressed the Council stating that a committee of local realtors has been formed
to address traffic issues in Leesburg, particularly the Route 7 east traffic between the hours of 4 p.m.
and 7 p.m. He stated that this is the most crucial problem facing the Town of Leesburg today. He
urged the Council to schedule a meeting, before the public hearing in Fairfax on March 31, to
discuss this matter. He urged the suspension of setting transportation priorities in the town for one
week.
Mr. Jack Wallace addressed the Council stating that VDOT has an obligation to furnish primary
road funds and to fix the Route 7 interchange. Funds are available for the interior road projects.
He urged the Council not to take the funds away from in-town needs.
Mr. Duke Stanton, a pilot based at the Leesburg Airport, addressed the Council stating that he does
not have a real problem with the increase in the aircraft property tax. He stated that the town
should compare the town's tie-down fees with those of Manassas. The town's tie-down fees are
$100.00 and the fees at the Manassas Airport are $70.00. He urged the Council to reduce these fees
comparable to those of Manassas.
Mr. William McChesney, representing the Leesburg Foundation, addressed the Council withdrawing
item 11.0).
PUBLIC HEARING: PROPOSED BUDGET FOR FISCAL YEAR JULY 1, 1993 - JUNE 30~ 1994
Mr. Brown, addressed the Council, presenting the executive summary.
The Town Council began workshops on the proposed $26.5 million FY 1994 budget on
February 8, 1993, and has met several times reviewing departmental requests. In depth review
continues in March at regularly scheduled budget workshops. The goal is to adopt a budget by early
April. A public hearing was hold on March 9, 1993, to solicit and receive public comments on the
proposed financial plan for next fiscal year.
Features of the proposed budget are as follows:
· No tax rate increase. Leesburg maintains one of the lowest tax rates in Northern
Virginia. Because of declining assessments, Leesburg citizens will actually receive a tax cut if the
current tax rate is adopted as proposed.
· Total general fund expenditures remain at the same level as four years ago. Despite
· increasing demands for service, our total expenditures have remained constant for four years.
During those four years, we have added and funded a full service parks and recreation department
at a cost to the general fund of over $400,000 per year, built needed capital projects adding over
$500,000 per year to the debt service, continued top quality refuse collection services at an increased
cost of over $300,000 per year, all without significantly increasing the total general fund expenditures
over the past four years.
The budget also includes:
·
·
·
·
·
Three fewer staff positions than were funded in FY 1993,
Funding for needed capital projects inciuding replacement equipment,
The first pay increase for town employees in three years,
Assumption of airport operations without the burden of a taxpayer supplement,
New revenue sources from a previously approved utility rate increase and proposed
airport user fees to replace proposed personal property taxes, and
Utility fund capital projects.
A balanced budget with a real estate tax cut is quite an accomplishment in a recessionary
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economy. It was made possible through policy leadership from the Town Council and hard work
and creativity from the town staff.
Mayor Clem stated that budget workshops are scheduled for Monday, March 15 and 22. He stated
that he hoped the Council could put closure on the budget by the first of April.
Mr. John Rocca addressed the Council with regard to the increase in aircraft property tax. He
stated that this increase would defeat the town's purpose of economic development at the airport.
He expressed concern with Loudoun County also raising their tax if Leesburg increases it's tax. He
stated that aircraft owners will take their business to Dulles where there is only one tax. He
suggested that the Council charge a user/ramp fee, however, exempting local airport users from this
fee. He requested that the Council consider the user fee and not increase the aircraft property tax.
Mr. Chuck Thornton, Vice-Chairman of Leesburg Renaissance, addressed the Council in support
of continued funding of Leesburg Renaissance. Mr. Thornton's statement is attached and made a
part of the official record.
Mr. Stanley Caulkins, Chairman of the Airport Commission, addressed the Council with regard to
the proposed FY94 Airport fund budget. Mr. Caulkins~statement is attached and made a part of
the official record.
Mr. Don Robb, owner of AvEd Flight School and several aircraft at the Leesburg airport, addressed
the Council. He asked that the Council not raise the property tax on aircraft or impose a user fee.
He stated that now is the time to do positive things at the airport. He asked that the Council reduce
the tie-down fees as comparable to other airports.
Mr. Anthony Scoville, President of Aerovest Inc., addressed the Council with regard to the proposed
increase of aircraft personal property. Mr. Scoville's statement is attached and made a part of the
official record.
Mr. Frank Ratio, addressed the Council stating that he hoped the Council will work together to
reduce the town's debt. He stated that the Council should work toward keeping the hospital in
Leesburg. He noted that the town's meals tax increased by 22 percent.
Mr. Dewey Hill, a member of the town's Airport Commission, addressed the Council concurring with
Mr. Caulkins' statement.
Mr. Alton Echols addressed the Council with regard to tourism. He suggested that the Town
Council earmark 20 percent of the meals tax towards tourism and direct advertising. He stated that
the town should hire an economic development officer.
Mayor Clem closed the public hearing.
MOTION
On motion of Mr. Webb, seconded by Mr. Trocino, this matter was referred to the March 15, 1993,
Budget Workshop for further consideration.
MOTION
On motion of Ms. Bange, seconded by Mr. Webb, the following resolution was proposed and
unanimously adopted.
93-44 - RESOLUTION - RECOGNIZING THE 35TH ANNIVERSARY OF WAGE RADIO
WHEREAS, WAG~. Radio (.AM 1200) in Leesburg celebrated its 35th anniversary on
Saturday, March 6, 1993; and
WHEREAS, WAGE has been a tremendous asset to Leesburg's quality of life, offering
entertainment, information and community service for more than three decades; and
WHEREAS, the radio station's dedication to Leesburg was epitomized last year by its 'Light
Up the Sky" fund-raising effort to provide the community with a Fourth of July fireworks
celebration; and
WHEREAS, WAGE staff members have continuously volunteered their time and tale, at to
many community organizations, including Leesburg Renaissance and the World War II
Commemorative Committee; and
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WHEREAS, WAGE provides reliable and accurate information to our citizens, including
Town Council news, community activities, snow emergency bulletins and cancellations.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Council hereby recognizes the 35th anniversary of WAGE Radio and commends the
station for its excellent service to the community and contribution to Leesburg's quality of life.
VOTE
Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, Mayor Clem
Nay: None
Absent: Councilmember Blake
COUNCILMEMBER COMMENTS
Ms. Bange had no comment.
Mr. Atwell stated that 6 of the 9 speakers for this evenings public hearing on the budget commented
on the airport. None of the speakers commented on the town's tax rate. He stated that the Airport
Commission should continue to work on the airport's budget and return to the Council with a
recommendation.
Mr. Trocino reported that the County's work space study is available.
He stated that he recently spent many hours with the town's narcotic squad.
Ms. Umstattd pointed that the airport's tax rate is one-tenth of a penny per $100.00. Loudoun
County charges one penny per $100.00.
She stated that the cost of moving the hospital and the cost of expanding at the current site are not
the same. In fact it would cost twice as much to four times as much to move. For the hospital to
expand it would cost about $25 to $27 million, that is if the most expensive design is chosen. To
move it would be about $45 million, with debt service perhaps about $90 million. The hospital board
expects one-third of the money to come from bonds, one-third from community contributions, and
one-third from operating charges. What we may see, if the hospital moves out of Leesburg, is
enormously expensive patient fees. It is a lot more cost-effective to keep the hospital here.
Loudoun County will be meeting tomorrow at 5:30 p.m., on the proposed Shenstone development.
Mr. Webb attended a session at the Morningside House. He stated that this is an asset to the town.
He stated that there are presently three cable tv companies in Loudoun County. Benchmark Cable
has petitioned the Town Council for purchase of Multivision. A Town of Leesburg Cable
Commission public hearing will be held on April 12, 1993. Mr. Webb expressed concern with
Benchmark not having a business/payment office in Leesburg.
MAYOR'S REPORT
Mayor Clem welcomed Morningside House to Leesburg.
He attended the three hospital sessions stating that they were very informative. He stated that the
Town Council stands ready to help the hospital in any way to remain in Leesburg.
He encouraged everyone to attend the hospital follies.
MANAGER'S REPORT
Mr. Brown highlighted various issues in the Activity Report.
LEGISLATION
11. (a)
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattcl, the following ordinance was proposed and
adopted.
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93-0-08 - ORDINANCE - AMENDING CHAPTER 16, ARTICLE IV, OF THE LEESBLIRG
TOWN CODE REGULATING SPECIAL EVENTS
WHEREAS, on February 9, 1993, the Ad Hoc Special Events Committee presented its
report to Council detailing ten recommendations regarding town regulation and support of special
events in Leesburg; and
WHEREAS, one recommendation was for Council consideration of ten proposed
amendments to the Town Code regulating special events; and
WHEREAS, the Council's Administration and Public Works Committee on February 16,
1993, and March 2, 1993, considered these recommendations; and
WHEREAS, it was suggested that vendors should be allowed to vend on closed public streets
that are not required for special event operations.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The following Chapter 16, Article IV, of the Leesburg Town Code is hereby
amended as follows:
ARTICLE IV. COLONIAL AUGUST COURT DAYS
AND OTHER AUTHORIZED SPECIAL EVENTS
Sec. 16-61. Colonial August Court Days Commemoration Established.
The commemoration of Colonial August Court Days is established within the town as an
annual reenactment and celebration of early American amusement, culture and commerce. The
Council shall each year designate the Loudoun Restoration and Preservation Society, Inc., as
Colonial August Court Days sponsor under terms and conditions as agreed between the Town
Council and the sponsor. The sponsor shall be responsible for fostering, producing or conducting
amusements, cultural exhibits and commerce during the commemoration of Colonial August Court
Days. Other special events sponsored by local non-profit community organizations and authorized
by Town Council may be conducted on town property or right-of-way under terms and conditions
as am'ced between the Town Council and the sponsor. The manager shall extend the support,
cooperation and assistance of town departments and personnel to the authorized sponsor in
accordance with the regulations established in the Town Code.
Sec. 16-62. Street closings, tramc regulations.
The manager is authorized to close streets and public ways and places and to regulate
pedestrian and vehicular traffic as necessary and appropriate for the conduct of Colonial August
Court Days. T~.-.~ C~,_'.-.~! ~,_'th~?."-~t'.'~.-. is required o_.r for other special events on town property,
streets or fights-of-way.
Sec. 16-63. Insurance Required.
The Colonial August Court Days sponsor and the sponsors of other town authorized special
events shall furnish the town as an additional insured a an appropriate public liability and property
damage insurance contract insuring the liability of the sponsor for personal injury or death and
damages to property resulting from use of streets or other town property during their event.
Sec. 16-64. Market Operations and Regulations.
An event on public streets and ways may be conducted during Colonial August Court Days
or other authorized special events subject to necessary and appropriate regulations ;c~,,,~ each year
by the manager. The manager shall review and approve the date, time, place and merchandise or
services which may be offered for sale by vendors from locations within the streets and public ways.
The manager shall provide the Council with copies of regulations and agreements authorized by this
section.. ~.v ....... v---- ............ "o" The use ~"~ _of public streets or oroocrtv_ _ _ for the sale of any goods or
services within the designated event area during Colonial August Court Daya or other special events
shall be permitted only by ~ a permit issued by the manager and authorized sponsor under
regulations authorized by this section. The sections of West Market Street and South King Street
closed for Bluemont Concert Series shall be available for use by vendors as permitted by the town
manager.
Sec. 16-65. Fees for X~ad4w.-P-,ia~l~ Special Events.
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The fee for ~ the use of town property, streets and rights-of-way for the
conduct of special events during Colonial August Court Days or during any other special event shall
reflect the cost of town services required for the special event as determined by the town manager,
provided, however, no fee shall be charged for the permits issued to the Leesburg Volunteer Fire
Department or the Loudoun County Rescue Squad.
Sec. 16-66. Solicitation and Collection of Donations.
The Colonial August Court Days sponsor and sponsors of other authorized special events
are authorized to solicit and collect donations from any person entering the market area for the
purpose of participating in Colonial August Court Days activities or the activities of ~
r, igaiai-g~tg~, other authorized special events.
Sec. 16-67. Entry fees.
Any fcc charged by thc authorized special event sponsor shall not prohibit public access to
town property, streets or rights-of-way.
SECTION II. This ordinance shall be in effect upon its passage.
DISCUSSION
Ms. Bange stated that the Town Council will review the closing of streets on a case-by-case basis.
Mr. Webb asked if Mr. Dunning was aware of this?
Mr. Brown stated that he has talked with Mr. Dunning and that Mr. Dunning is not interested in
having any vendors participate during the Bluemont Concert Series.
Mr. Trocino asked how other towns handle the closing of streets and vendor participation at special
events.
VOTE
Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, Mayor Clem
Nay: None
Absent: Councilmember Blake
11. (b)
MOTION
On motion of Ms. Bangc, seconded by Mr. Wcbb, the following ordinance was proposed and
adopted.
93-0-09 - ORDINANCE - AMENDING CHAPTER 8 OF THE LEESBURG TOWN CODE AND
MODIFYING THE TOWN-WIDE RESIDENTIAL CURBSIDE REFUSE
AND RECYCLING COLLECTION SCHEDULE, ESTABLISHING A
CHARGE FOR SPECIAL COLLECTION OF LARGE ITEMS, AND
EXPANDING THE CATEGORY OF RECYCLABLE MATERIALS
WHEREAS, the Town of Leesburg is required per the 1950 Code of Virginia, as amended,
to achieve a recycling rate of 15 percent by December 31, 1993; and a recycling rate of 25 percent
by December 31, 1995; and
WHEREAS, effective April 1, 1993, yard waste will not be accepted at the. 1 nndc. m Ca~n~
landfill when mixed with other trash; and
WHEREAS, any yard waste delivered to the county landfill after April 1, 1993, will lac
subject to an undisclosed surcharge in addition to the regular tipping fee; and
WHEREAS, the county has included in its proposed budget for FY94 a ten percent increase
in tipping fees; and
WHEREAS, according to records maintained by the county, yard waste constitutes
approximately 17% by weight of the solid waste received during the warm months at the landfill; and
WHEREAS, the town can make a significant contribution toward achieving the current
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objective of reaching a recycling rate of 15%, while avoiding additional charges for the collection and
disposal of yard waste, by requiring such material to be recycled; and
WHEREAS, the town's refuse collection contractor has advised the town that an appropriate
policy to offset the increasing costs while retaining a satisfactory level of service is to collect garbage
and refuse once per week and recycled material once per week and charge for special collections;
and
WHEREAS, the town's contractor will begin collecting yard waste with other recyclable
materials on the second day of weekly trash collection for single-family detached and single-family
attached (duplex and townhouse) units, beginning April 1 and 2, 1993.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. See. 8-1. Purpose of chapter.
The purpose of this chapter is to provide regulations for the effective storage, collection:
recycling, and disposal of garbage and refuse in a sanitary manner in the town.
SECTION II. Sec. 8-2. Administration of chapter.
The :e::.'r'. municipal manager is hereby delegated the authority to administer this chapter and
is authorized to establish such reasonable rules and regulations as are needed to administer this
chapter.
SECTION III.
Sec. 8-4. Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Garbage: Wastes resulting from the handling, preparation, cooking and consumption
of food and wastes from the handling, storage and sale of produce.
Municipal collectors: Persons employed by the town, or the contracted agent for the
town, engaged in the collection and transportation of refuse: ami garbage., and
recyclable materials.
Private collectors: Persons engaged in the collection and transportation of refuse and
garbage from commercial, industrial, institutional or other establishments for
compensation, not including the collector contracted by the town.
Recyclable Material: Those commodities which ~re ce!!e~ed by the eentr~_'zt_or
......... , ~,, ,~ .... ,,o,-, ~,~,,,,~,,,~ oo having served their original purpose, have
physical or chemical properties that allow them to be transformed into new products,
and are designated by the town to be separated and collected on a schedule as
designated by the town.
Refuse: Combustible trash, including, but not limited to, paper, cartons, boxes,
barrels, wood, excelsior, tree branches and yard trimmings; noncombustible trash,
including, but not limited to, metals, tin cans, glass, crockery and other mineral
waste; and street rubbish, including but not limited to, street sweepings, dirt, leaves,
catch-basin dirt and the contents of litter receptacles. 'Refuse' shall also mean
furniture, springs, mattresses, stoves, ranges, refrigerators, dishwashers, dryers, tires,
water heaters, toys, porcelain, carpeting tied in bundles of not more than three
square feet cross-sectional area, whole christmas trees and similar household
commercial and institutional was~t.es. ,Refuse". shall not include each ~_n_d wast. es
from building operations, nor shall it include solid wastes resulting from industrial
processes and manufacturing operations.
Storage area: An enclosed area on private property of a commercial, industrial,
institutional or other establishment used for the storage of garbage or refuse.
SECTION IV. Sec. 8-5. Container requirements for residents.
(a) Refuse and garbage from residences shall be stored in
~-".bre~k~_b!e p!~?.!c c~n~, containers approved by the municipal manager, equipped
with handles and fight-fitting covers. Non-reqclable refuse may be placed in plastic
bags. ~oo,;- b~_~ .... ~,~ ~..~.~,~,..,.,~ ~,,. ,~,..o,,~ e.,,.~ ~, ......
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(b) Cam Approved containers required by this section shall have a maximum gross
weight of 75 pounds, when placed for collection. Plastic bags, when placed for
collection, ~ shall not be filled to such a weight that they will break or allow
spillage during the collection process., and shall be tightly secured at the top.
SECTION V. Sec. 8-10 .... -= .... e_ Ar "g.~ge_~ .er Reserved.
o.% ~,~ . _. -_-_w_ A _._ ~.
SECTION VI. Sec. 8-11. Preparation of tree trimmings, bushes and brush for collection.
Tree trimmings, excluding those produced by commercial trimming of trees and bushes, and
limited to that which can be recycled, with a maximum diameter of one and one-half inches, and
bushes and brush will be picked up by the municipal collectors, provided they are tied securely in
bundles of not more than 18" in diameter and four feet in length.
SECTION VII. Sec. 8-12. Collection schedule.
(a) Refuse and garbage will be collected by the municipality .~.~ee once per week from
residential properties on the following schedule:
(1)
Monday and---l~y: Collection from residential properties
fronting on King Street and properties to the west of King Street.
(2)
Tuesday ~: Collection from residential properties to the
east of King Street.
(b} Recydable materials will be collected by the municipality_ once per week from
residential properties on the following schedule:
(2)
Thursday: Collection from residential properties fronting on King
Street and properties to the west of King Street.
Friday: Collection from residential properties to the east of King
Street.
t~,x (c) Garbage and refuse will be collected by the municipality from all commercial
properties on Tuesday, Thursday and Saturday of each week.
(.¢-) L~ No garbage and refuse collection will be scheduled for Sundays or the following
holidays: New Years, Memorial Day, July 4th, Thanksgiving and Christmas.
(.d.) (e) When weather conditions prevent the collection of garbage and refuse or when a
regularly scheduled day falls on a holiday specified above, collection will be made on the next day.
SECTION VIII. Sec. 8-13. Sl~cial collections for ...... ;'~- nme'_'"__!_" lart~ items.
For a.". .... ~;,,,' o_mo,_,_-_t collection of r-gfu~, laree items of refuse such as barrels, wood,
stoves, ranges, refrigerators, dishwashers, d~ers, tires and water heaters, excluding any items listed
under Section 18 hereof, the municipal office shall be notified no later than 4:00 p.m. on Friday of
each week, so that a special pickup may be arranged for Me.,'.day of the .,,.e~ wee.t: or a day of the
following week to be designated by the manager, at th,~ 4; .... t;~,,, ,,~,h~ m'_'m'?.'p?.! ""°"°'"" th,,,.,~
~ A separate charge: to be established by the munieioal manaver, will he made fc~r eaah ~neh
special collection,, provided that regular refuse collection service to any residence or commercial
establishment for which such special collection is performed will be suspended if payment therefor
is not made within 30 days of receipt of invoice for such collection.
SECTION IX. Sec. 8-14. Special collections for spring and fall clean-up.
In the spring and fall of each year, the municipality will sponsor a clean-up and collection
period during which large discarded items, yard litter, and the like will be picked up by the municipal
c, ollcctors, Specific tcs for such periocts shall be set by thc municipal manager and advertised
through the news media. No charge will be rendered for this service to '"'~ ...... * .....
re, ............... residents
of the municipality.
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SECTION 3L Sec~ 8-1S. Recyclin&
Residents of all single-family detached and single-family attached (duplex and
townhouse.) residential units ar~a4.~afit~-~ shall participate in the town-wide curbside recycling of
recyclable materials. Recyclable materials will be picked up at curbside -'-' .......................... .k ......,~ ,~,n,~,~;,,.,
o .... ~ ~'~ ~"~ and shall bc plaid a~ ~hc curb, bc~ccn 4 p.m. on ~hc ~y preying
~llc~ion and 6 a.m. on the mo~ing of ~llc~ion, in ~ approved ~ntainers, separate
..... ~ ~ ~;~ -~,~ ~-~ ;- ~.'~ shall bc securely fled in
from o~hcr re.sc. Ncwspa~rs .~_, ...................................
bundles or plaid in pa~r ba~. Grass clippin~ shall bc plaid in approved ~ntaincrs equio~d
~h handles for li~in~ and fi~fi~-fitfing li~, no~ cx~cdin~ 75 ~un~ in ~oss wci~.
There shall be no charge to the town residents required to participate in this program, for
this additional service. All other town residents and businesses, not included in this program or
covered under a separate recycling contract with a private collector, should continue to utilize ~
?.ye Te':.~ ef Leesb'_'rg recycling drop-off centers to dispose of recyclable materials.
SECTION XI. This ordinance shall be effective April 1, 1993.
VOTE
Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, Mayor Clem
Nay: None
Absent: Councilmember Blake
11. (c)
MOTION
On motion of Mr. Webb, seconded by Mr. Trocino, the following ordinance was proposed and
adopted.
93-0-10 - ORDINANCE - AMENDING SECTION 1143 OF THE TOWN CODE, CURFEW FOR
MINORS
WHEREAS, the Loudoun County Juvenile Court Judge, Chief of Police, Ad hoc Crime Task
Force and interested citizens have recommended an update of the Town Code regarding the curfew
for minors.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
Section 1143. Curfew for minors is hereby amended to read as follows:
Sec. 11-43. Curfew for minors.
It shall be unlawful for any minor to frequent or be in public places, or places open to the
public whether or not on private property between the hours of !:~n0~ 12:00 a.m. and daylight unless
attended by his or her parent(s) or legal guardian. Every minor who shall violate the provisions of
this subsection shall be subject to a fine of not less than $!.~n0~ 21;25.00 or more than $!9.~n0~ $250.00.
Each violation shall constitute a separate offense.
VOTE
Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, Mayor Clem
Nay: None ..........
Absent: Councilmember Blake
11. (d). (e). (g)
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolutions were proposed as
consent and unanimously adopted.
9345
- RESOLUTION - INITIATING AN AMENDMENT TO THE LEESBURO ~ONINt'7.-
ORDINANCE SECTION 6A-9(3) PLANNED DEVELOPMENTS TO REDUCE
THE PERMITI"ED MINIMUM LOT SIZE
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WHEREAS, on February 23, 1993, Mr. Michael Banzhaf petitioned Council to reduce the
minimum lot size requirement in the Planned Development regulations from the existing 8,000
square feet to 6,500 square feet; and
WHEREa~, Council directed staff to prepare legislation:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. An amendment to Section 6A-9(3) of the Leesburg Zoning Ordinance
pertaining to the minimum lot size of single family detached dwellings is hereby initiated to change
the lot size requirements as stated below:
Section 6A-9 CRITERIA FOR APPROVAL OF PLANNED DEVELOPMENT
DISTRICTS
(3)
No planned development shall be approved which contains lots with areas or
widths less than provided below for the dwelling types shown:
Dwelling Types Lot Areas Lot Width
Single family, detached ~va300~ 6500 sq. ft. minimum 65 ft.
Single family, detached 9000 sq. ft. average
SECTION II. Pursuant to Section 15.1431 of the 1950 Code of Virginia, as amended, the
Planning Commission shall conduct a public hearing and report its recommendations on the
proposed amendment to the Council within 60 days of the adoption of this resolution.
DISCUSSION
Ms. Umstattd asked how this request came about?
Mr. Tompldns referred to Mr. Banzhaf.
Mr. Banzhaf addressed the Council stating that the smaller lots are a more marketable product
today.
Ms. Umstattd expressed concern with the town being cheapened. She asked if the applicant would
proffer certain covenants to ensure that the homes are upscale?
Mr. Banzhaf stated that this could be addressed at the rezoning stage.
93 -46
· RESOLUTION - REQUESTING THE VIRGINIA DEPARTMENT OF
TRANSPORTATION TO ACCEPT CERTAIN STREETS
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Virginia Department of Transportation is requested to accept into the Virginia
Department of Transportation arterial and secondary system. 12 lane miles of Second Street; .06 lane
miles of Church Street; .20 lane miles of Liberty Street;.10 lane miles of Royal Street; .06 lane miles
of Washington Street; .14 lane miles of Washington Street; .04 lane miles of Nichols Drive; .06 lane
miles of Liberty Street; .20 lane miles of Tolbert Lane; 1.96 lane miles of Battlefield Parkway; .56
lane miles of Plaza Street; .28 lane miles of Fieldstone Drive; .18 lane miles of Ambrosia Place; .36
lane miles of Rosemeade Place; .16 lane miles of Tearose Place; .16 lane miles of Primrose Court;
.10 lane miles of Stratford Place, as listed on the accompanying Form U-l, in accordance with the
requirements of Section 33.1-41.1 of the 1950 Code of Virginia, as amended.
9347 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTI=~ AND APPROVING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS AT J&H AITCHESON, INC.
WHEREAS, J&H Aitcheson, Incorporated, the developer of the J&H Aitcheson Plumbing
Supplies Facility, 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 $62,900.00 is released, and a new security
in a form approved by the town attorney for a maintenance guarantee in the amount of $3,145.00
is approved and shall be in effect for a period of one year from this date.
3/9/93 -10-
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SECTION II. The 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, Trocino, Umstattd, Webb, Mayor Clem
Nay: None
Absent: Councilmember Blake
MOTION
On motion of Mr. Wcbb, seconded by Ms. Bangc, thc following resolution was proposed and
adopted.
93-48 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING WATER AND
SEWER EXTENSION PERMITS FOR KINCAID FOREST PHASE 1, SECTION
WHEREAS, the construction drawings and final plat for Kincaid Forest Phase 1, Section 1
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 1 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.
THEREFORE, 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 1.
SECTION II. The extension of municipal water and sewer for Kincaid Forest Phase 1,
Section 1 is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
VOTE
Aye: Councilmembers Atwell, Bange, Webb, Mayor Clem
Nay: Councilmember Umstattd
Abstain: Councilmember Trocino
Absent: Councilmember Blake
11. (h)
MOTION
On motion of Ms. Bange, seconded by Mr. Webb, the following resolution was proposed and
adopted.
93-49
RESOLUTION REQUESTING CONSIDERATION OF THE LEESBURG
ALTERNATIVE FOR PROVIDING A PUBLIC WATER SUPPLY TO THE
LOUDOUISI. COUNTY LANDFILL ARF. A RF. SIDF:NTS BY TI-IF. LOUDOUN
COUNTY BOARD OF SUPERVISORS
WHEREAS, an April 24, 1992 letter report prepared by Loudoun County Sanitation
Authority (LCSA) identified Leesburg's water system extension as a viable alternative in providing
a public water supply to residents adjacent to the Loudoun County Landfill; and
WHEREAS, town staff has reviewed the LCSA report and generally concur with its findings;
and
WHEREAS, it is the desire of the Leesburg Council to have the Loudoun County Board of
Supervisors continue consideration of the Leesburg alternative in their deliberations:
3/9/93 -11-
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THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The manager is hereby directed to prepare written communication to the Loudoun County
Board of Supervisors expressing the Council's desire for continued consideration of the Leesburg
Alternative for providing a public water supply to Loudoun County residents residing in close
proximity to the Loudoun County Landfill.
DISCUSSION
Ms. Umstattd stated that when this proposal first came before the Town Council this was a
humanitarian issue and the people at the landfill needed safe water. With that Ms. Umstattd agreed.
She stated also that the county would pay for this, only 20 homes would be served and an eight inch
line was to be installed. Now, the county may not pay for all of this, the county will not pay for any
of the maintenance cost, over 100 homes will be served, the line will be 16 inches which could serve
between 3,000 to 6,000 homes. According to the LCSA they can do this more cheaply then the
town. Ms. Umstattd will vote against the resolution.
VOTE
Aye: Councilmembers Atwell, Bange, Trocino, Webb, Mayor Clem
Nay: Councilmember Umstattd
Absent: Councilmember Blake
ii. (i)
MOTION
On motion of Ms. Bange, seconded by Ms. Umstattd, the following resolution was proposed and
adopted.
93-50 - RESOLUTION - REQUESTING VIRGINIA DEPARTMENT OF TRANSPORTATION
FUNDING FOR HIGHWAY PROJECT~ WITHIN THE TOWN OF LEESBURG
INTHE VDOT SIX-YEAR IMPROVEMEN'IX3 PROGRAM FOR FISCALYEARS
1993-94 THROUGH 1998-99
WHEREAS, the Virginia Department of Transportation (VDOT hereinafter) is revising the
Six-Year Improvements Program for fiscal years 1993-94 through 1998-99; and
WHEREAS, VDOT will be conducting a pre-allocation hearing on March 31, 1993, in
Fairfax City to determine funding for urban system and primary system projects in the Northern
Virginia Construction District; and
WHEREAS, it is necessary that a request by Council resolution be made before VDOT
allocates funds in the Six-Year Improvements Program for urban system projects; and
WHEREAS, the Plaza Street Extension Project, and the widening of Catoctin Circle from
South King Street to Market Street are already in the VDOT Six-Year Plan; and
WHEREAS, the Catoctin Circle Extension Project which is currently not in the Six-Year
Plan has become more important in helping to improve traffic flow within the town; and
WHEREAS, VDOT urban road construction funds assigned to the Plaza Street Extension
Project could be reassigned to the Catoctin Circle Extension Project without causing a delay of the
Plaza Street Project; and
WHEREAS, increased traffic on Rn,,te 7 hetwee~ the e~St ¢o_rr~?r-_.!¢ h_'_m__it_~ ~_n_d the _~_out¢
7/15 interchange is causing traffic backups and delays during evening rush hours resulting in a
bottleneck at the entrance to Leesburg from the east; and
WHEREAS, the level of service on Route 7 at the interchange is 'F" during the p.m. peak,
which is far below an acceptable level of service as determined by both VDOT and the town; and
WHEREAS, the completion of the Route 7/15 interchange which would greatly imlgove the
flow of traffic at this important regional interchange is the only long term solution availal~; and
WHEREAS, two interim improvement projects at the Route 7/15 interchange, propmexihl~
VDOT, will improve traffic flow in the short term and could be constructed within a year.
3/9/93 -12-
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THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. VDOT is requested to establish the following urban system projects as part
of its Six-Year Plan:
Priority
Proiect Description
Plaza Street Extension from East Market Street to Sycolin Road at
Rockbridge Drive, a distance of approximately 2700 feet.
2
Catoctin Circle Extension from existing terminus north of East Market
Street to Edwards Ferry Road, a distance of approximately 550
feet.
Widen Catoctin Circle from South Street west to South King Street
to accommodate four travel lanes and a turning lane for a distance of
approximately 330 feet.
SECTION II. VDOT is requested to reassign $400,000 from the Plaza Street Extension
Project to the Cato,tin Circle Extension Project in FY 93-94.
SECTION III. The town agrees to pay its share of the total costs for preliminary engineering,
right-of-way and construction of these projects in accordance with Section 33.1-44 of the Code of
Virginia, as amended and that, if the Council subsequently elects to stop or cancel any of the
projects, the town hereby agrees to reimburse VDOT for the total amount of the costs expended by
VDOT through the date VDOT is notified of such suspension or cancellation.
SECTION IV. VDOT is requested to establish as a primary system project the completion
of the grade separated interchange at the partially completed Route 7/Route 15 interchange on the
east end of town for the following reasons:
The current interchange is beyond capacity at peak hours and future
traffic from local and regional growth continues to escalate traffic
problems at this intersection.
The future of commerce and economic development in Leesburg
depends a great deal on the ability of the Route 7/15 interchange to
function at an acceptable level of service.
This project is included in the corridor study submitted by VDOT to
the Town of Leesburg and approved by the Leesburg Town Council.
4. Development within the required right-of-way at the southwest
quadrant of the interchange is eminent.
Acquisition of this right-of-way prior to development of the property
will save an estimated $8 million in tax payers' money.
SECTION V. VDOT is requested to establish two primary system projects for interim
improvements to Route 7 on the east side of the Route 7/15 interchange for the following reasons:
The need for immediate improvements to address the major traffic
delays at the Route 7/15 interchange has been identified by VDOT
and the town.
The. interim improvements ,,ro,~c~a,.. ~,- ......... ~r~ c,,,,,~,-~,~rvv..,._ by the VDOT
Leesburg Residency Office, the Northern Virginia District Office, the
Town of Leesburg and Loudoun County.
The time frame for completion of the complete interchange is too
long a period to go without attempting to improve traffic flow and
reduce congestion therefore, these projects must be added to the Six-
Year Plan for FY 93-94.
VOTE
Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, Mayor Clem
Nay: None
3/9/93 -13-
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Absent: Councilmember Blake
11. (.i) was withdrawn.
11. (k)
MOTION
On motion of Ms. Bange, seconded by Mr. Trocino, the following resolution was proposed and
adopted.
93-51 - RESOLUTION - AUTHORIZING A CONTRACT WITH M.A. BONGIOVANNI, INC.,
FOR CONSTRUCTION OF THE WPCF EXPANSION AND UPGRADE
WHEREAS, the Town of Leesburg duly advertised and received sealed bids on February 4,
1993 from seven prequalified contractors to construct improvements to the town's Water Pollution
Control Facility (WPCF) in accordance with published bid documents and pursuant to state and
local procurement laws; and
WHEREAS, the lowest bid received was from M.A. Bongiovanni, Inc., in the amount of
$11,296,000.00; and
WHEREAS, this bid represents a $4,000,000.00 savings over programmed capital costs for
this project; and
WHEREAS, a determination has been made by the town's special counsel, McOuire, Woods,
Battle and Boothe, that M.A. Bongiovanni's bid was responsive to the Invitation to Bid; and
WHEREAS, the town's engineering consultant, CH2M Hill, recommends award of the
contract to M.A. Bongiovanni, Inc., based on review of their financial and performance capabilities;
and
WHEREAS, funding is available for this project through the sale of Utility System Revenue
Bonds in the amount of $26,575,000.00, closed on June 30, 1992:
THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The manager is hereby authorized and directed to enter into a contract on behalf of the
town, in a form approved by the town's special legal counsel with M.A. Bongiovanni, Inc., in the
amount of $11,296,000.00 for construction of the WPCF Upgrade and Expansion project.
DISCUSSION
Ms. Umstattd stated that she campaigned against the expansion, therefore, she will vote against the
resolution.
VOTE
Aye: Councilmembers Atwell, Bange, Trocino, Webb, Mayor Clem
Nay: Councilmember Umstattd
Absent: Councilmember Blake
NEW BUSINESS
12. fa)
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and
adopted.
93-52 RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS AT LEESBURG BAPTIST
CHURCH.
WHEREAS, the Leesburg Baptist Church Board of Trustees, the developers of the Leesburg
Baptist Church Watermain Extension, have completed the public improvements in accordance with
3/9/93 -14-
15
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 letter of credit from the Bank of Loudoun in the amount of $7,200.00
is released, and a new security in a form approved by the town attorney for a maintenance guarantee
in the amount of $1,805.00 is approved and shall be in effect for a period of one from this date.
SECTION II. The 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, Trocino, Umstattd, Webb, Mayor Clem
Nay: None
Absent: Councilmember Blake
~2.
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and
adopted.
93-53 RESOLUTION - URGING LOUDOUN HEALTHCARE INC. TO HONOR ITS
COMMITMENTTO THE COMMUNITYBY KEEPING LOUDOUN HOSPITAL
CENTER IN LEESBURG AT ITS EXISTING CORNWALL STREET SITE
WHEREAS, Loudoun Hospital Center has been a vital part of the quality of life of the
Town of Leesburg for 75 years; and
WHEREAS, throughout the years, many citizens and businesses of Leesburg and Loudoun
County have proudly volunteered time and money to their community hospital; and
WHEREAS, the hospital's announcement on January 29, 1993, to look at sites outside of
town upon which to build a new medical campus has generated widespread concern from the town's
citizenry over the future availability of health care and over the potential impact on the town's
economy; and
WHEREAS, Leesburg, the county seat and geographic center of Loudoun County, offers an
unsurpassed quality of life, a wide variety of housing opportunities, and an abundance of shopping
and services for hospital employees and their families; and
WHEREAS, in a letter dated February 22, 1993, to Loudoun Healthcare Chairman Kenneth
Crovo, Leesburg Mayor James Clem described the additional services Leesburg provides above and
beyond those provided by the County of Loudoun, including town-controlled water and sewer
service, road maintenance, police protection, refuse collection and recreation; and
WHEREAS, in 1990, the Town Council adopted two resolutions articulating the town's
desire to work with Loudoun Hospital Center to retain its Leesburg presence, resulting in a
September 27, 1990, commitment from the hospital board to keep the hospital in Leesburg.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. This Council strongly urges the Loudoun Healthcare Inc. Board of Directors
tO uphold its 1990 commitment to remain in Leesburg at its existing site at 224 Cornwall Street N.W.
SECTION II. The Town Council and Town Manager will work closely with Loudoun
Hospital Center officials to keep the hospital in Leesburg while also ensuring the interests of the
town's citizens are protected.
VOTE
Aye: Councilmembers Atwell, Bange, Umstattd, Webb, Mayor Clem
Nay: None
Abstain: Councilmember Trocino
Absent: Councilmember Blak~
3/9/93 -15-
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MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the meeting was adjourned at 10:35 p.m.
James E. Clem, Mayor
Clerk of Council
3/9/93 -16-