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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 -