HomeMy Public PortalAbout1993_04_1373
TOWN COUNCIL MEETING MINUTES OF APRIL 13, 1993
A regular meeting of the Leesburg Town Council was held on April 13, 1993, at 7:30 p.m., in the
Council Chambers, 25 West Market Street, Leesburg, Virginia. The meetingwas called to order by the Mayor.
INVOCATION was given by Councilmember Bange.
SALUTE TO THE FLAG was led by Director of Engineering and Public Works Thomas A. Mason.
ROLL CALL
Councilmembers present
George F. AtweH
Georgia W. Bange
Ronald W. Blake
Joseph R. Trocino
Kristin C. Umstattd
William F. Webb (Absent)
Mayor James E. Clem
STAFF MEMBERS PRESENT
Acting Town Manager, Director of Engineering and Public Works Thomas A. Mason
Director of Utilities Randolph W. Shoemaker
Director of Planning, Zoning and Land Development Michael Tompkins
Planner Marilee Seigfxied
Public Information Officer Susan Farmer
Town Attorney George Martin
Clerk of Council Barbara Messinger
APPROVAL OF MINUTES
MOTION
On motion of Ms. Bange, seconded by Ms. Umstattd, the special meeting minutes of March 25, 1993 and April
6, 1993, were approved as submitted.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Mayor Clem
Nay: None
Absent: Webb
MOTION
On motion of Ms. Bange, seconded by Ms. Umstattd, the regular meeting minutes of March 23, 1993, were
approved as submitted.
VOTE
Aye: Councilmembers Bange, Blake Trocino, Umstattd, Mayor Clem
Nay: None
Abstain: Atwell
Absent: Webb
Mayor Clem and Councilmember Trocino presented pins to the members of the World War II
Commemorative Committee. Mr. Steve Krisa, a member of the committee, introduced the members:
Chairman Joseph R. Trocino, Anthony Stasio, Nestor Sanchez, Eugene Barber, Lou Deppenbrock, Lee
Giaddia~ and Larry Tucker.
PETITIONERS
Mr. Michael Costello, President of First Potomac Development Corporation representing the Leegate
development, addressed the Council with regard to the status of the selection process of the Loudoun
Healthcare, Inc. He stated that Leegate is one of the sites under consideration for the new facility. The
hospital board met last week and narrowed the sites to four, three of which are located in the county. The
sites are Janelia Farm, two sites on the Belmont property, Landsdowne and the Leegate site in Leesburg. He
stated that this process is now on a very short fuse. First Potomac receivedyesterday a very extensive request
for information about the Leegate site and was asked to submit a final, best offer with a letter of intent signed
no later than 5:00 p.m., Monday, April 19. In essence this is First Potomac's last chance to present the site
74
and make an offer of the terms under which the site would be available to the hospital. There will be tours
of the site on April 22 and 23. First Potomac has been invited for a two hour interview with the hospital site
selection committee. A special meeting of the hospital board is scheduled May 6, at which time they have
announced the intent to make a final decision to select a site.
Mr. Costello requested the support of the Council, at this time, in this process in terms of ensuring that the
hospital remains in Leesburg. He asked that the Council consider a formal statement or resolution endorsing
the Leegate site to be selected by the hospital and that the town work together with First Potomac to ensure
that this comes to pass. ·
Ms. Umstattd asked if the hospital board is negotiatingwith Mr. Costello in good faith or is the hospital board
trying to push Mr. Costello to the wall in the hopes that he cannot meet the requirements because they intend
to move out of town?
Mr. Costello stated that he has not detected anything that would lead him to that conclusion. He stated that
he has been involved in this process for about three years and has seen a number of false starts. Meaning,
having gone 80 to 90 percent down the road to which we thought would be a decision and finding no decision
at the end of the road. He stated that this is real this time. The hospital has mobilized and gone very public.
It seems that the hospital is being driven to some extent by the certificate of need process which must be filed
within the next month or two. A site must be selected to make that process a complete one. He stated that
there are a number of very respectable and different views on where the hospital should be. There has always
been a strong contingent to move the hospital east because of a demographic reason that the growth and
population in the county is going to be in the east. Another reason is where the physicians are or want to be
located. Countervailing that - Leesburg is a central location for east and west. Plus the historic ties are
significant.
Ms. Umstattd stated that apparently the executive director of the hospital approached town staff and asked
them if they thought this Council would agree to co-sign the bonds required to move. She stated that
apparently Xerox has already made a statement that they are not in the business of subsidizing hospitals to
move. She asked if IBM or Landsdowne is going to come up with the kind of money to back that kind of
bond issue?
Mr. Costello stated that he does not know what statements IBM or Xerox made to the board but those
companies have financial arms and subsidiaries that can greatly assist the hospital if they chose to put them
into motion. He stated that the hospital is capable of the financing in the tax-exempt bond market. The last
rating the hospital had was a triple B which is sufficient.
Mr. Jim Burton, representing the Loudoun Citizens Health Watch, addressed the Council with the following
statement:
"For eighty years Loudoun Hospital has functioned as a community hospital. Centrally located in
Leesburg where it is equally accessible to patients from all parts of Loudoun, as well as, West Virginia,
Maryland, Clark, Fauquier and Prince William counties. The community has been extremely generous in it's
support to the hospital donating land, millions of dollars in contributions and hundreds of thousands of
volunteer hours both through help at the hospital and to raise money for new equipment. In return the
hospital provided the community a level of service that has earned a higher patient satisfaction rating than
its nearest competitor Reston Hospital.
For several months the hospital's board of directors has wrestled with a decision to renovate the
current hospital or yield to pressure from the medical staff to build a new $50 million facility closer to what
they perceive to be the more lucrative eastern market. Their argument that the hospital is not financially
viable at its current site is pure hog wash. Totally contradicted by the hospital's financial records and patient
history data.
The tremendous debt associated with a $50 million move would either lead to the financial ruin of
the hospital or cause patient's bills to sky rocket to even higher orbits. In four public forums held to obtain
the community's views no more than 3 or 4 members of the public not afffiiated with the hospital spoke in
favor of moving. The towns of Leesburg, Hamilton, Middleburg, Lovettsville and Round Hill passed
resolutions opposing the move. Apparently unhappy with the lack of public support for a move, the board
spent thousands of dollars on a hastily crafted county survey hoping it could create a mandate to move the
hospi~ai eas~. ~ne resui~s of the board:s own survey are now being withheld from the public. We have
ourselves received over one thousand signatures on a survey that one of our members placed in the paper
about a month ago. One thousand signatures from people who oppose a move.
The idea of a community hospital has always been a two-way street. That is no longer the case. Last
week the board voted to abandon the current hospital site despite the public's pleas not to move. In so doing
the board abandoned not just the building it abandoned the community that supported it through the good
and bad times over the years. Because of the board's actions Loudoun's hospital is no longer a community
hospital dedicated to providing a service to a supportive community. It is now a doctor's hospital serving a
medical staff that seems to have lost touch with the community.
For these reasons a group of concerned citizens have formed a non-stock, non-profit corporation for
4/13/93 - 2
75
the sole purpose of overturning the board's decision. We intend to fight this board every step of the way
through the formal public hearing process, on the certificate of need and beyond if necessary to prevent it
from stealing a hospital that belongs to the community.
The corporation papers are being filed for four purposes:
· To convince the present board to stay at the present hospital site.
To oppose the certificate of need the hospital has to apply for and obtain before they can leave the
current site.
To take any and all legal action which may be necessary in order to judicially determine that
the hospital and the publicly funded assets which this board now controls may not be
unilaterally abandoned by the board.
To file a certificate of need to own and operate the hospital from its current site in a manner which
is consistent with the needs and desires of this community.
Mr. Burton asked for Council's consideration of a possible course of action by which the Town of Leesburg,
if the board decides to move and move out of town, would exercise the rights of eminent domain, condemn
the hospital property, allow it to be purchased for a fair price and put back into operation as a community
hospital.
He asked that the Council allow the committee to meet with town staff to see if this option is possible,
whether the town Charter would permit it and/or whether it is possible to expand the town's Charter.
Mr. Atwell asked Mr. Burton if he knew the current indebtedness amount of the hospital?
Mr. Burton stated $12.5 million long-term debt in 1980, 1990 series bonds. The current appraised value for
the building and land is also $12.5 million.
Mr. Atwell asked if the hospital abandons the property can the hospital abandon the bonded indebtedness?
This matter was referred to the April 20, 1993, Administration and Public Works Committee agenda for
further discussion and consideration.
Ms. Umstattd asked that the Town Attorney do a title search to see who owns the hospital building and
property.
PUBLIC HEARING TO CONSIDER REZONING APPLICATION #ZM-134 HARPER PARK~ TOWN PLAN
AMENDMENT AND SPECIAL USES
Mr. Tompkins and Ms. Sei~fried addressed the Council presenting the staff report.
Ms. Umstattd stated that there is a $1.1 million shortfall in proffers from what the town normally receives.
The applicant has made up some areas of the shortfall but not all of them. Are there any bottom line figures
on what the shortfall would have been under the previous proffers and what it might be now?
Ms. Seiefried stated that she did not know but would look into it.
Mr. Banzhaf, with Hazel Thomas representing Mission Bank and the T&B Service Corp., the applicants/owner,
addressed the Council. He noted that the signed proffers have been submitted to the Clerk of Council. He
stated that the capital facility proffer evaluation has been submitted, which relates to the way the county does
business - the value of the proffers being proposed. "We are about a half million over what the county would
require assuming the value of the ground being given up for interchange land and other land is at about one-
third of it's assessed value. The application is a mixed-use application. The plan has a certain amount of
office and commercial elements along Battlefield Parkway, a variety of product types ranging from multi-
family, townhouse and single-family detached which is approximately the same as the ratio requested in the
Town Plan. The difficulty at the Planning Commission level was on the details of the proffers." In summary,
Mr. Ban:,haf stated that the application is the kind that fits the Town Plan and is consistent with the AADP's,
at the time the properiy wa~ annexed - the p~oject will be an asset to the town.
Ms. Umstattd asked if the applicant has discussed locating the county government complex on the Harper Park
site with the county board of supervisors?
Mr. Banzhaf stated no that a government center has not been considered on that site.
Ms. Umstattd referenced the 6,500 square foot lots proposed on the site as opposed to the current 8,000
square foot lots. She expressed concern with the smaller lot sizes as being a potential fire hazard. She stated
that the town currently does not require fire walls between single family detached homes within 30 feet of each
4/13/93 - 3 -
76
other, and asked if the applicant would agree to more stringent fire codes if the smaller lot sizes are approved?
Mr. Banzhaf stated that the proposals specifically would have to be looked at.
Mrs. Kathy Wilt, a resident of Saber Court in Leesburg, addressed the Council. She stated that the town
should study this application carefully to see how it will change the town's tax base by changing the project
to residential. She stated that the applicant should meet the town's proffers - in order for the town to have
a sound fiscal base the developers should do as much as possible. She stated that by changing the town's
permitted lot size to 6,500 square feet will make Leesburg like the rest of Northern Virginia.
Mr. Alton Echols, a local realtor in Leesburg, addressed the Council asking that the Council not lower the
minimum lot size requirement.
The Mayor closed the public hearing.
MOTION
On motion of Mr. Trocino, seconded by Ms. Bange, this matter was referred to the April 20, 1993, Planning
and Zoning Committee meeting.
COUNCILMEMBER COMMENTS
Mr. Blake asked that the fire station site issue be placed on the April 20, 1993, Planning and Zoning
Committee for discussion.
Mr. Blake stated that a conflict of interest may exist with the recommendation of Gary Huff that the town
employees receive free memberships. He stated that it is in conflict with those businesses that provide physical
training facilities. He asked that this matter be reconsidered.
Mr. Blake stated that he was told today that a member of the Town Council has sent to the office of EPA in
Philadelphia all the information about the landfill that the Council has received. He feels, if this is true, that
the integrity of this body has been violated. The Council and respect of the councilmembers has been violated.
He stated that aH of the information discussed by the Council has been in executive session.
Mr. Blake expressed concern with the legal advertisement RFP, in that, the new RFP has been let with the
same set of specifications. He stated that an addendum should be issued stating the reasons for the new bid
or cancel the bid or not have a bid at all and do what the Council decides.
Ms. Umstattd stated that she, Mayor Clem and counciknember Atwell visited Fredericksburg today to talk to
the Mayor of Fredericksburg, Mr. Lawrence Davies, about revitalization of the downtown.
Ms. Umstattd responded to Mr. Blake's comment with regard to the executive session as follows: "First of
all I learned outside of executive session that Bruce Brownell who is Mr. Blake's ex-son-in-law owns a parcel
of land on which Bruce Brownell very openly stated he had found hazardous materials in town. I have to
commend Mr. Brownell for being as candid as he has been. But on this Council we have an obligation to
protect the public health and that is first and foremost and we have an obligation to follow federal law. I
know no member of the Council was trying to hide anything in executive session but certainly when it comes
down to the public health versus putting things in executive session that are not required to be in executive
session I will uphold my duty to protect the public health in this town. Mr. Brownell has made offers to do
further tests on his land and he is to be commended for that. In that, Mr. Brownell himself said that he found
violations of EPA standards on his property and in that these could pose a threat to citizens in this town. I
think we have a full obligation to fully reveal what is found in this town."
Mr. Trocino stated that the county's Toll Road Corridor Committee has been meeting and working very hard.
He is pleased with the progress.
Mr. Trocino stated that the World War II Committee has also been diligently pursuing its first program.
Mr. Trocino stated, regarding the Brownell matter and executive session, that he did not want the public to
get concerned yet for alleged violations. ~he sanctity of the Council acting in the public interest where
potential litigation is involved is so important. Until we have all the facts together we should tread softly.*
Mr. Atwell stated, with regard to Mr. Blake's comments, "there is an obligation on the part of each member
of this Council to respect the confidentiality of executive sessions. I believe the record will show that Ms.
Umstattd voted aye both going into and coming out of both of those executive sessions.~
Ms. Bange stated, ~when each of us takes an oath of office we agree that first of all we will do everything we
can in our power to take care of the citizens of the Town of Leesburg. I believe that each member of this
Council certainly tries to do that in their best way. I feel if we go into executive session that we have reason
to do that because we are protecting all the rights of the citizens of the town. Each of us has an obligation
4/13/93 - 4 -
77
to honor that commitment."
Ms. Bange stated that she met with members of the fire company and she also believes that the town needs
to move forward on trying to get a new fire station in the Town of Leesburg. It is taking longer and longer
for the firemen to respond to calls.
Ms. Bange met with LRI last week. LRI is working hard to have a successful Flower and Garden show this
year.
Ms. Bange stated that the Parks and Recreation Commission met last Saturday at 7:30 a.m. She pointed out
that this was a holiday weekend and every member of the commission was present. The Commission is
working very hard to make recommendations for the citizens and the Leesburg parks.
Ms. Bange expressed sympathy with the passing of Miss Anna Hedrick. Ms. Hedrick would have been 93
years old.
MAYOWS REPORT
Mayor Clem thanked the Loudoun Hospital Center and the rescue squad for a fine job they did when one
o[ the visiting Scottish students became ill and another was injured in a car accident.
Mayor Clem referenced a newspaper clipping from Frederick County where Leesburg Police Officer Scott
Warner was recognized for assisting in the rape suspect arrest.
Mayor Clem remarked on the Fredericksburg visit stating that it was a productive visit.
Mayor Clem stated, with regard to the Brownell issue, "the town has not taken this issue lightly. It has been
discussed in depth. At this juncture we have a lot of hearsay. There is absolutely no proof been provided to
me or any member of this Council that says we have a problem. This town is very concerned. When the data
comes forth that demonstrates that we have a problem this town stands ready to take care of the problem.
They tell me that it used to be a dump. I have no idea if it was ever a dump. If so it could not have been
a very big dump. At this juncture, the citizens should not be concerned until we can find out exactly what we
have and we will be glad to release the information as appropriate when it becomes available to us. I am sorry
for the incident."
Mayor Clem announced that the town's bonds were sold and the savings that the town will receive this year
will be about $374,000.00. In 1994, the savings will be $556,000.00, with additional savings through the year
1995.
MANAGEWS REPORT
Mr. Mason briefly reported on items in the Activity Report.
LEGISLATION
10. (a)
MOTION
On motion of Ms. Bange, seconded by Mr. Trocino, the following resolution was proposed and unanimously
adopted.
93-0-13 - ORDINANCE - AMENDING CHAPTER 19, ARTICLE IV OF THE TOWN CODE
REGARDING CROSS CONNECTION AND BACKFLOW PREVENTION CONTROL
WHEREAS, the Loudoun County Cross Connection Control Committee recently updated the Cross
Connection Control Manual, used by aH political jurisdictions within Loudoun County, to comply with the
August 1, 1991 revised Virginia Department of Health Waterworks Regulations; and
WtiEREAS, amendment of Chapter 19, Article IV of the Leesburg Town Code is required to enact
provisions of the Loudoun County Cross Connection Control Manual;
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Chapter 19, Article IV of the Town Code, is hereby amended to read as follows:
See. 19-55. In
from possible contamiz
regulations of the Virl
adopted by the Loudo
general. This article provides for the protection of the town's drinking water supply
ation caused by back-pressure or back-siphonage conditions, in accordance with the
inia Department of Health,Loudoun County Cross Connection Control Manual ns
an County Cross Connection Control Committe,~ and Virginia Uniform Statewide
4/13/93 - 5 -
?8
Building Code (BOCA Plumbing Code).
Sec. 19-~6. Administration. The Director of Utilities shah administer and enforce the provisions of
this article under direction of the Town Manager.
Sec. 19-$7. Cross-connections.
(a) No person shall install or maintain a water service connection to any premises where cross-
connections to the town's water system or a consumer's water system may exist unless such cross-connections
are abated or controlled to the satisfaction of the town.
Co) No person shall install or maintain any connection whereby water from an auxiliary water system
may enter the town's or consumer's water system unless the auxiliary water system and the method of
connection and use of such system shall have been approved by the town.
Sec. 19-$8. Where protection is required.
1'7~
t'n
Me*_:! ple*_'_':g
4/13/93 - 6 -
79
111x
a_ At a minimum, aH service connections including fire connections shah be protected with an
approved backflow prevention device consisting of a double check valve or dual check valve as referenced in
Section VR 355-18-006.04 of the Virginia Department of Health Waterworks Regulations and as approved
by Loudoun County Cross Connection Control Committee.
b_. The following facilities shah install a reduced pressure zone (RPZ) device as an approved
backflow preventer at the service connection as referenced in Section VR 355-18-006.04 of the Virginia
Department of Health Waterworks Regulations and approved by Loudoun County Cross Connection Control
Committee:
1_. Hospitals, mortuaries, medical and veterinary buildings, and nursing homes
2_. Laboratories
3_. Piers, docks, waterfront facilities
4_. Sewage treatment plants, sewage pumping stations or storm water pumping stations
5_. Water treatment plants
6_. Food and beverage orocessin~ olants
7_. Metal plating industries
8_ Chemical plants, dyeine plants and pharmaceutical plants
9_. Petroleum or natural ~as orocessin~ plants
10_..:. Radioactive materials processing plants or nuclear reactors
11.._:. Carwashes
12~ Slaughter houses and poultry processing plants
13~. In-ground lawn sprinkler systems
14__.,. Separate service line for cooling tower without orooer air l~ao
15._:. Greenhouses and nurseries using chemicals
16__: Paper and paper product plants
17__:. Pesticide or exterminating companies with chemical storage or mixing tanks
18__:. Others specified by the purveyor and/or the Division when reasonable cause can be shown
for a potential backflow or cross connection hazard as outlined in the Loucloun County Cross Connection
Manual.
Sec. 19-59. Installation and maintenance of devices.
(a) Approval of backflow prevention devices and the type of protection required shah be in
accordance with the requirements and standards provided in Se~*_'_'~: 6.0~. _~-'d 6.05 Article 3, VR355-18-006
of the Virginia Department of health Waterworks Regulations.
(b) Where backflow prevention and low-pressure cutoff devices are required, they shall be
4/13/93 - 7 -
8O
installed, tested upon installation and maintained continuously in satisfactory and effective operation by the
consumer, at his expense.
Sec. 19-60. A~nuai testing and inspection of devices. The consumer shah have annual inspections
and operational tests performed at consumer's sole expense on aH backflow prevention devices or low-pressure
cutoff devices, depending on their poHutional hazard potential as determined by the Director of Utilities, by
o 1; ..... t~ ~'~hl~'~n~t~.... t]nt:*t~ ; ........... *;,--, ,~,~,,;oo *oo*;.~, an individual certified in cross-connection
control device testing. A written certification of approval and test results shall be furnished to the town, by
the testing individual, upon completion of the work.
Sec. 19-61. Right of entry to enforce article. The Town Manager and duly authorized employees of
the town bearing proper credentials and identification shah be permitted to enter upon aH properties for the
purpose of inspection, observation, sampling and testing, in accordance with the provisions of this article.
Sec. 19-62. Notice of violation of article. Any consumer found to be violating or in violation of any
provision of this article shah be served a written notice and order sent certified mail to the consumer's last-
known post office address, stating the nature of the violation, corrective action required and providing a
reasonable time limit, not to exceed 30 days, from the date of receipt of notice and order, to bring the devices
into compliance with this article.
Sec. 19-63. Denial or discontinuance of service. Water service to a consumer shah be denied or
discontinued upon continuation of any violation beyond the time limit provided in the notice given pursuant
to Section 19-62. When service is so discontinued, a fee for this resumption of service,
after correction of said violation, in the amount of $20.00, shah be charged.
SECTION II. This ordinance shall be in effect upon its passage.
DISCUSSION
Ms. Umstattd expressed concern with the requirement that a reduced pressure zone device be installed
wherever a consumer might have a lawn sprinkler system. She questioned the cost.
Mr. Shoemaker defihed a lawn sprinkler system as an in-ground, in place sprinkler system used for irrigating
a lawn. This is a requirement of the Virginia Department of Health by aH water purveyors within the state.
VOTE
Aye: Councilmembers AtweH, Bange, Blake, Trocino, Umstattd, Mayor Clem
Nay: None
Absent: Councilmember Webb
10. (m) was referred to the April 20, 1993, Administration and Public Works Committee for further
consideration.
10. (b). (c). (d). (e). (h). (i). (i). (k). (!)
MOTION
On motion of Ms. Bange, seconded by Mr. Trocino, the following resolutions were proposed as consent items
and unanimously adopted.
93-68 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR BOUNDARY LINE VACATION
#BLV-93-01 - BENGTSON PROPERTY
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public heating to consider the vacation of an interior lot line separating lots 1 and 2, Tax
Map 48A, ((37)) shah be published in the Loudoun Times-Mirror on April 28, 1993 and May 5, 1993 for
public hearing on May 11, 1993 at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg,
Virginia.
93-69 - RESOLUTION - AUTHORIZING A PUBLIC HEARING OF THE TOWN COUNCIL TO
AMEND SECTION 5B-4(9) OF THE LEESBURG ZONING ORDINANCE TO REDUCE
THE TWICE MONTHLY MEETING OF THE BOARD OF ARCHITECTURALREVIEW
TO ONCE A MONTH, UNDER CHAPTER 11, TITLE 15.1-431 OF THE 1950 CODE OF
VIRGINIA, AS AMENDED
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of a public hearing with the Town Council to consider amending Section 5B-4(9) of the
4/13/93 - 8 -
$1
Leesburg Zoning Ordinance to reduce the twice monthly meeting of the Board of Architectural Review to
once a month shall be published in the Loudoun Times-Mirror on April 14, 1993 and April 21, 1993 for the
public hearing on April 27, 1993 pursuant to Section 15.1-431 of the 1950 Code of Virginia, as amended. The
public hearing shall begin at 7:30 p.m. or as soon thereafter as the matter may be reached, and shall be held
in the Council Chambers, 25 West Market Street N.W., Leesburg, Virginia. The clerk shall publish notice of
this hearing and the Council's intention to consider this amendment to the Leesburg Zoning Ordinance.
93-70 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR SPECIAL EXCEPTION
APPLICATION #SE-93-01 - AMOCO OIL COMPANY
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public hearing to consider a special exception application #SE-93-01 by Holtzman Oil
Company to upgrade the site of the existing Tony's Amoco Service Station. This property is located at the
intersection of Loudoun, Harrison and Market Streets and is zoned B-1 with H-1 Historic District Overlay.
Notification shall be published in the Loudoun Times-Mirror on May 26, 1993 and June 2, 1993 for public
hearing on June 8, 1993, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia.
93-71 - RESOLUTION - RECOMMENDING TRANSPORTATION PROJECTS IN THE TOWN OF
LEESBURG FOR CONSIDERATION BY THE TRANSPORTATION COORDINATING
COUNCIL TECHNICAL COMMITTEE
WHEREAS, the Technical Committee of the Northern Virginia Transportation Coordinating Council
has asked member jurisdictions to identify transportation projects which might qualify for regionally allocated
federal funding over the next five years, and which should be included in the regional Long Range Plan:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The following projects are among the Town's long-range transportation objectives and are
recommended for funding during the next five years. The Town requests their inclusion or retention in the
Northern Virginia subregional transportation plan and the regional Long Range Plan.
1. Widening of the Route 15 Bypass to four lanes between Edwards Ferry Road and Battlefield
Parkway.
2. Completion of the Bypass/Route 7 East interchange.
3. Widening of Route 7 to six lanes between the Bypass and the eastern town limits.
4. Extension of Plaza Street south from East Market Street to Sycolin Road.
5. Extension of Catoctin Circle between East Market Street and Edwards Fer~ Road.
6. Widening of Catoctin Circle to four lanes between South Street and South King Street.
7. Widening of the Route 7 Bypass to six lanes between the Route 7 East and West
interchanges.
8. Completion of Battlefield Parkway along its proposed alignment between Route 15 Bypass
North and Route 15 South.
93-72 - RESOLUTION - REAFFIRMING THE POLICY OF EVALUATING STREET CLOSING
REQUESTS ON A CASE-BY-CASE BASIS AND ENCOURAGING SPECIAL EVENT
SPONSORS TO USE SITES OTHER THAN DOWNTOWN STREETS FOR FUTURE
EVENTS
WHEREAS, the town's Ad Hoc Special Events Committee on February 9, 1993,.recommended that
the Town Council minimize the closing of downtown streets for special events to reduce the impact on traffic
flow and on downtown businesses; and
WHEREAS, the Special Events Committee also recommended that the Council continue to evaluate
requests to close downtown King and Market streets on a case-by-case basis and encourage the use of other
sites, such as Ida Lee Park, for special events.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Council hereby reaffirms its policy of evaluating downtown street closin~ requests on a
case-by-case basis and encot~raoen cl~rrent and ~tential n?ex~ial event .?onso~'s to use sites other than
downtown streets for future special events.
93-73 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE WITH
RADIO STATION WTRI
WHEREAS, WTRI, a Brunswick, MD. radio station, initiated and broadcasts a radio program entitled
~Leesburg in Review" on a weekly basis in a format that includes a panel consisting of the Mayor and a town
Councihriember; and
WHEREAS, the program is designed to address town issues through a panel discussion with weekly
guests; and
4/13/93 - 9 -
82
WHEREAS, the radio station has requested assurance that the town office room 00 be made available
each Thursday from 4:00 P.M. to 6:00 P.M.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The town manager is authorized to execute a lease with WTRI to include the
appropriate terms and conditions including the following:
· Twelve-month term,
· $104.00 per month rent for use of the room between 4:00 P.M. and 6:00 P.M. on
Thursdays,
· Appropriate insurance in the amount of $1 million, and
· 60-day cancellation period.
SECTION II. The lease shall be in a form approved by the town attorney.
93-74 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO EXECUT~ A LEASE WITH
LOUDOUN MUSEUM, INC.
WHEREAS, the Loudoun Museum's five-year lease with the town has expired; and
WHEREAS, the Loudoun Museum is a cornerstone of the Leesburg tourism industry; and
WHEREAS, Loudoun Museum, Inc. has requested renewal of the lease.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The town manager is hereby authorized to execute a lease with the Loudoun Museum,
Inc. to include appropriate terms and conditions including the following:
· 59-month term,
· $1.O0/year rent,
· Limit use to museum and tourism center,
· Tenant responsible for repairs and utilities,
· Tenant to hold $1 million in insurance, and
· Minimum hours of operation to be at least 46 hours per week.
SECTION II. The lease shall be in a form approved by the town attorney.
93-75 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE WITH
and
ECHO FOR THE MAIL ROOM OF THE TOWN OFFICE
WHEREAS, Every Citizen Has An Opportunity (ECHO) is a valuable organization in the community;
WHEREAS, on August 31, 1991, Town Council authorized a lease between ECHO and the town that
provided partial use of the town's mail room; and
and
WHEREAS, the lease has expired and ECHO has requested renewal to continue its enclave program;
WHEREAS, the program has been a success.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The town manager is hereby authorized to execute a lease of the town's mail room with
ECHO to include the appropriate terms and conditions including the following:
· 59-month lease term,
· Rent to be only the cost of town supplies,
· Appropriate insurance ($1 million), and
4/13/93 - 10-
83
· Ninety-day cancellation notice.
SECTION II. The lease must be in a form approved by the town attorney.
93-76 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC
IMPROVEMENTS AND APPROVING THE PERFORMANCE GUARANTEE FOR
POTOMAC CROSSING SECTION 1E
WHEREAS, Richmond American, the developer of Potomac Crossing Section 1E, has not completed
all the required public improvements in accordance with the approved construction drawings and town
standards within the two-year period agreed to in the contract for public improvements and a one-year time
extension; and
WHEREAS, the developer has requested an additional one (1) year time extension to complete the
public improvements; and
WHEREAS, a corporate surety bond in the amount of $91,600.00 from American Motorists Insurance
Company was provided by the developer to guarantee the installation of public improvements in Potomac
Crossing Section 1E. This corporate surety bond is in effect until March 21, 1994; and
WHEREAS, Richmond American does not own the last 18 lots in Section 1E but is negotiating to
purchase these lots from the bank which owns them; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of $91,600.00
as sufficient to complete the public improvements in Potomac Crossing Section 1E; and
WHEREAS, the completion of the public improvements is a high priority of the town and the
developer should proceed with completion of the work as soon as possible.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECrION I. The corporate surety bond from American Motorists Insurance Company in the amount
of $91,600.00 is approved to guarantee the installation of public improvements in Potomac Crossing Section
1E.
SECTION II. A time extension to March 21, 1994 for completion of the public improvements is
approved.
VOTE
Aye: Councilmembers Atweil, Bange, Blake, Trocino, Umstattd, Mayor Clem
Nay: None
Absent: Webb
10. (e). if)
MOTION
On motion of Mr. Blake, seconded by Ms. Bange, the following resolutions were proposed and adopted.
93-77 - RESOLUTION - APPROVING AN AMENDMENT TO THE ANNEXATION AREA
DEVELOPMENT POLICIES REGARDING EXTENSION OF SEWER AND WATER
SERVICE OU'I~IDE THE TOWN'S CORPORATE LIMITS FROM THE WOODLEA
MANOR SUBDIVISION
WHEREAS, the owner of property in Loudoun County has petitioned the Town for extension of
public sewer and water from the adjacent Woodlea Manor subdivision in the Town of Leesburg;, and
WHE~, the Annexation Area Development Policies adopted by the Town of Leesburg and the
County of Loudoun in November 1991 govern the extension of central water and sewer facilities outside the
municipal boundaries of the Town; and
WHEREAS, Section III-L of the Annexation Area Development Policies precludes such extensions
until January 1, 1994 unless mutually agreed upon by the Town and County; and
WHEREAS, the Joint Policy Committee of the Town Council and the County Board of Supervisors
has considered this extension request and determined that the property is situated in the Town's Urban
Growth Area which is ultimately planned for public sewer and water service, and that the extension will serve
one single-family residence only, therefore having negligible impact on the Town's service capacity; and
4/13/93 - 11 -
84
WHEREAS, the Joint Policy Committee has recommended that the Town Council and the County
Board of Supervisors amend Section III-K of the AnnexationArea Development Policies to include the subject
parcel among the properties exempted from the general policy on sewer and water extensions:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Council hereby adopts an amendment to the Annexation Area Development
Policies adding the text shown in italics below after the quoted sentence in Subsection K of Section lie
"In addition, the provision of utilities to the Woodlea Manor subdivision
outside of the corporate limits will be provided by the Town, upon request
of the owner of the Woodlea Manor subdivision." This provision includes the
extension of Town utilities to Woodlea Manor, Parcel 16-A, only for the
construction of one single family dwelling which will be incorporated as a part
of the existing Woodlea Manor subdivision.
SECTION II. The Town Manager is directed to convey a copy of this resolution to the Board of
Supervisors of Loudoun County and to publish the amendment when it is adopted by the Board of
Supervisors.
93-78 - RESOLUTION - APPROVING THE EXTENSION OF PUBLIC SEWER AND WATER SERVICE
TO WOODLEA MANOR SUBDIVISION PARCEL 16-A
WHEREAS, Elm Street Development, developer of the Woodlea Manor subdivision in the Town of
Leesburg, has requested the extension of Town sewer and water service to an adjacent land parcel in Loudoun
County, identified as Woodlea Manor Lot 16-A on a house grading plan by Paciulli, Simmons and Associates,
Ltd., dated February 9, 1993; and
WHEREAS, development of the parcel will be limited to one single-family residence; and
WHEREAS, the Council of the Town of Leesburg and the Board of Supervisors of Loudoun County
have adopted an amendment to the Annexation Area Development Policies specifically allowing such extension
of sewer and water service to the referenced parcel:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The owner of Woodlea Manor Lot 16-A shall be permitted to connect to the Town's sewer and water
lines in the Woodlea Manor subdivision for the purpose of serving one single-family residence, after payment
of appropriate availability and connection fees to the Town. Any such installation shall be at no expense to
the Town of Leesburg.
DISCUSSION
Mr. Trocino asked if there is any expense to the Town of Leesburg?
Mr. Mason explained that the only expense incurred is staff time to follow the normal process which is not
an additional expense but is part of the town's normal operating procedures. The cost to the town for making
the connections will be paid for by the lot owner in the form of a connection and availability fees. The fees
are about $5,000.00 for water and sewer and connection fees are $1,300.00 for water and $1,300.00 for sewer
if the town makes the connections.
Mayor Clem stated that it would be in the best interest of the town to sometime in the future seek a boundary
line adjustment or annex this area.
Ms. Umstattd expressed mixed feelings. She stated that she did not want to hold one lot hostage but if the
town can amend the AAI)P's in regard to the town providing water service to this lot why can't the town at
the same time amend it to allow the town to annex the lot. The two should go hand-in-hand. She stated that
the town is once again putting out effort without getting anything for it. She stated she would vote against
both resolutions.
Mayor Clem staied that it is untimely io auuex at ibis time.
Ms. Umstattd suggested the town getting a consensus opinion from the county board of supervisors that would
agree to support the town's move to annex this property or a boundary line adjustment when the appropriate
time came.
Mr. Atwell stated that he serves on the AADP Committee where this issue has been discussed. He reminded
the Council that the annexation agreement between the town and county expires on midnight December 31,
1993 and discussions need to begin on the upcoming agreement. He stated that there is not enough time to
go through any pre-annexation or pre-boundary line adjustment in order to serve the best interest of this one
4/13/93 - 12-
85
particular lot that will be an advantage to the town when the town goes through an annexation process.
Mr. Trocino echoed Mr. Atwell's comments.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Mayor Clem
Nay: Councilmember Umstattd
Absent: Councilmember Webb
Mayor Clem recognized and introduced Loudoun County Board of Supervisor Roberts who was present in
the audience.
On motion of, and duly seconded the meeting was adjourned at 10:00 p.m.
1~ Mayor
Town of Leesburg
4/13/93 - 13 -