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HomeMy Public PortalAbout1993_06_22TOWN COUNCIL MEETING MINUTES OF JUNE 22, 1993 A regular meeting of the Leesburg Town Council was held on June 22, 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 Joseph R. Trocino SALUTE TO THE FLAG was led by Assistant Town Manager Peter Stephenson ROLL CALL Councilmembers present George F. Atwell Georgia W. Bange (Absent) Ronald W. Blake Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown (arrived at 8 p.m.) Assistant Town Manager Peter Stephenson Chief of Police James M. Kidwell Director of Engineering & Public Works Thomas A. Mason Director of Planning, Zoning and Development Michael Tompkins Planner Marilee Seigfried Public Information Officer Susan Farmer Town Attorney George Martin Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Messinger APPROVAL OF MINUTES On motion of Mr. Webb, seconded by Mr. Blake, the special meeting minutes of June 1, 1993, special meeting minutes of June 7, 1993, special meeting minutes of June 15, 1993 and regular meeting minutes of June 8, 1993 were approved as written. VOTE Nay: Absent: Councilmembers Atwell (Abstained from vote on special meeting minutes of June 1, 1993), Blake, Trocino, Umstattd, Webb, and Mayor Clem None Councilmember Bange CERTIFICATE OF APPRECIATION AND RESOLUTIONS OF APPRECIATION/CONGRATULATIONS Mayor Clem presented a Resolution of Appreciation to William L. "Pete" Whitmore. Mayor Clem presented a Resolution of Congratulations to the Loudoun County High School Raiders Girls Soft Ball Team. Mayor Clem presented a Certificate of Appreciation to Sergeant John H. Smith. PETITIONERS Tom Bishop, Chairman of the All-Night Graduation Party Committee for Loudoun County High School, addressed the Council requesting a donation in the amount of $380.00 to hold the drug and alcohol free all- night graduation party at Ida Lee Park. MOTION On motion of Mr. Trocino, seconded by Mr. Blake, the Council approved a donation of $380.00 to the committee for the graduation party. VOTE Aye: Councilmembers Atwell, Blake, Trocino, Umstattd, Webb, and Mayor Clem Nay: None Absent: Councilmember Bange PJ. Younl~, a resident of Monroe Manor in the Town of Leesburg, addressed the Council on toples~ sunbathing. She requested that the Council approve an ordinance to make topless sunbathing, with discretion, legal in the Town of Leesburg. Steve Brown stated this is a State Code issue and Ms. Young would receive a copy of the code section on indecent exposure and nudity. Mayor Clem asked that legal staff research the issue also. Stanley Caulkins, Chairman of the Leesburg Airport Commission addressed the Council. Mr. Caulkins' statement is attached and made a part of the official record. COUNCILMEMBER COMMENTS Mr. Webb asked Steve Brown for an update on monies owed local businesses by Manhattan Construction. Steve Brown stated the town has released all but $2,000.00 to Manhattan Construction. Mr. Webb questioned the status of his request to prepare a letter to Pat Ticer of the Transportation Planning Board. Mr. Brown replied he would take care of it immediately. Mr. Blake had no comment. Ms. Umstattd attended a recent Transportation Coordinating Council meetingwith Calvin Grow where at this meeting a motion was made and unanimously adopted that the proposal to include towns on the Transportation Planning Board be sent to a committee for consideration. Mr. Trocino stated that he is very pleased with the progress the County Complex Committee has made. Mr. Atwell thanked the Mayor and Council for allowing him to make his remarks to Pete Whitmore. He also congratulated the Loudoun County High School girls softball team. MAYOR'S REPORT Mayor Clem stated that the Balls Bluff rededication was very successful. He expressed congratulations to all recipients of the Valor awards given at the ceremonies held on June 11, 1993. He attended Loudoun House Community Day and said everyone had a great time. It was a fun day for all. He attended the grand opening of Kincaid Forest on Saturday. He commended the blue grass group "Northern Lights" for an outstanding performance at the Bluemont Concert Series on Sunday night. He reported that 7 or 8 proposals have been received for Potomac Crossing. MANAGER'S REPORT Mt. Brown briefly reviewed the Activity Report. He thanked the Council for recognizing Sergeant John Smith. Mr. Brown announced Stoneledge Place will be closed for a Block Party on July 3, 1993. He thanked Susan Farmer for her efforts during the rededication of Balls Bluff Cemetery and thanked the Council for their attendance. LEGISLATION MOTIO~ On motion of Mr. Webb, seconded by Mr. Blake, the following ordinance was proposed and unanimously 6/22/93 -2- adopted. 93-0-21 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE93-01 AMOCO OIL COMPANY BY HOLTZMAN OIL CORPORATION WHEREAS, Holtzman Oil Corporation has applied for special exception approval to upgrade an existing service station, at the intersection of Loudoun, Market and Harrison Streets; and WHEREAS, a service station is a special exception use in the B-1 zoning district; and WHEREAS, on June 3, 1993, the Planning Commission recommended conditional approval of special exception #SE93-01 which included a waiver to permit non-automotive accessory retail sales of 2,000 square feet in area; and WHEREAS, on June 8, 1993, the Town Council held a public hearing on this application; and WHEREAS, the proposed use meets the general review criteria set forth in the special exception regulations of the zoning ordinance; and THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Special exception application #SE-93-01 Amoco Oil Company, identified as Tax Map 48, Block 30, Parcel 4 in the land records of Loudoun County, is hereby approved subject to the following conditions: The development is in general conformity with the special exception concept plan prepared by Bowers & Associates, P.C. dated May 13, 1993. The site layout, including the placement of entrances and on-site circulation are subject to further review at development plan submission. Board of Architectural Review approval is required prior to alterationsto the site including any construction and/or demolitions. The reduced perimeter parking lot landscaping along Harrison Street is subject to approval by the Land Development Official and the Board of Architectural Review. SECTION II. Approval of the special exception concept plan does not authorize modifications to any other requirements of the Design and Construction St~dards Manual, Subdivision and Land Development Regulations, or the Zoning Ordinance except as specifically set forth in this ordinance. SECTION III. This ordinance shall be in effect upon its passage. DISCUSSION Mr. Atwell asked if the Council was premature in approving this ordinance because the property is under consideration for the county complex. Mr. Webb replied the applicant wants to move forward. Steve Brown stated that the Town cannot artificially slow the process for something that may or may not happen. VOTE Nay: Absent: Councilmembers, Atwell, Blake, Trocino, Umstattd, Webb and Mayor Clem. None Councilmember Georgia Bange ~O.(b) DISCUSSION Mayor Clem suggested the Assistant Town Manager for Economic Development be a grade 20 with the understanding there would be flexibility to change the grade to a 22. Ms. Umstattd felt this is a critical position. Dropping the salary would not attract as competent an applicant 6/22/93 -3- as would a higher salary. She stated she would rather leave the position at a grade 22. She also questioned the possibility of 1 step increases in other positions, such as in Parks and Recreation, instead of 3 step increases so as to allow for a higher salary offer for the Assistant Town Manager for Economic Development. MOTION Mr. Webb made a motion to change the grade of Assistant Town Manager for Economic Development from a grade 22 to a 20. The motion failed for lack of a second. MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following ordinance was proposed and unanimously adopted. 93-0-22 - ORDINANCE - AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING REVISED PAY AND CLASSIFICATION PLAN WHEREAS, during the budget process each year the town manager's office reviews the town's pay and classification plan for appropriate revisions; and WHEREAS, the adopted fiscal year 1994 budget includes necessary appropriations to fund the town's pay and classification plan. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 12.1-10 of the Town Code, classification of town employees by occupational group and pay grades, is amended to read as follows: Sec. 12.1-10. Classification of town employees by occupational groups and pay ~'ades. Employees in the town service are classified in the following occupational groups and pay grades: Occupational Groups Position Pay Grade Executive-Managerial # Law Enforcement # Administrative-Clerical # # # # Supervisory # # Director of Engineering/Public Works 27 Chief of Plan Review 24 Director of Utilities 26 Director of Finance 26 Director of Planning, Zoning 26 and Development Chief of Police 26 Director of Parks and Recreation 2A 26 A oo, -v .....Manager e^. c ..... :o r~ .... ~ ..... , ~ 24 and Ad~2n!s!rat!en DepuB/Town Manager Asst. Town Manager for Economic Development 22 Parking Control Officer 2 Police Officer 13 Police Officer 1st Class 14 Corporal 15 Sergeant 17 Lieutenant 20 Captain 22 Investigator 15 Clerk Typist 4 Data Entry Clerk 3 Secretary 5 Accounting Clerk I 4 Accounting Clerk II 5 Administrative Secretary 7 Zoning & Development Asst. 10 Executive Secretary 10 Clerk of Council 11 Personnel Officer 9 Public Information Officer 8 Desk Clerk 2 Parking Attendant 2 Superintendent Equipment Maintenance 15 Water Supply Superintendent 18 Superintendent Buildings 17 Grounds and Maintenance 6~2~3 4- Technical Utility Lines Superintendent WPCF Superintendent Asst. Director of Finance Parks aad-Mast~iag Coordinator P. ecree!'.'en Coord!-_a!c'r Asst. Dir. Recreation Center Coordinator Recreation Supervisor Aquatics Supervisor Center Supervisor Bldg. Supervisor Parks & Recreation (p/t) Airport Supervisor Asst. Utility Plant Mechanic Heavy Equipment Operator Utility Billing Technician Asst. Super. Bldgs, & Grounds Senior Operator Operator I Operator II Operator III Operator IV Asst. Supt. Utility Lines Senior Inspector Sr. Utility Plant Mechanic 17 18 15 12 12 12 12 5 7 8 13 12 11 10 7 4 13 14 11 Professional Construction/Maintenance Asst. Water Supply Supt. C~,.;,~ p.,,;,.,~,o c,,,,,.a;,~,,,, Contracts Admin. Capital Projects Representative Asst. WPCF Supt. Facility Inspector Asst. Zoning Admin. Systems Technician Meter Technician Recreation Attendant Lifeguard Instructors .Airport Operations/Customer Service Specialist Chief of Operations & Inspections Engineer II Traffic Engineer II - Transportation Chief of Current Planning Chief of Comprehensive Planning Planner II Zoning Administrator Laborer Maintenance Worker II Maintenance Worker I Mechanic I Mechanic II 7 13 19 14 13 13 14 8 5 n/a n/a n/a 18 18 18 21 21 17 20 1 5 5 8 SECTION II. Section 12.1-15 of the Town Code, being the pay grades for compensation of employees in the town service, is amended to read as follows: Grade FY 1993 Pay Range 1 $14,232-22,582 2 14,944-23,651 3 15,691-24,772 4 16,475-25,950 5 17,288-27,186 6 18,164-28,484 7 19,073-29,847 8 20,025-31,280 9 21,027-32,781 10 22,079-34,361 11 23,183-36,017 12 24,342-37,757 13 25,559-39,583 14 26,837-41,501 15 28,178-43,516 16 29,588-45,631 6~2~3-5- 17 '31,067-47,851 18 32,620-50,183 19 34,251-52,631 20 35,964-55,202 21 37,762-57,901 22 39,650-60,735 23 41,632-63,710 24 43,714-66,835 25 45,900-70,116 26 48,195-73,560 27 50,605-77,178 SECTION III. All prior ordinances in conflict herewith are repealed. SECTION V. This ordinance shall be effective upon passage. VOTE Nay: Absent: Councilmembers Atwell, Blake, Trocino, Umstattd, Webb and Mayor Clem None Councilmember Bange 10.(c), (d), re). (f). (ID MOTION On motion of Mr. Blake, seconded by Mr. Webb, the following resolutions were proposed as consent and adopted. 93-118 - RESOLUTION - APPROVING THE VACATION OF WATER LINE, SANITARY SEWER AND STORM DRAINAGE EASEMENTS IN THE STONEGATE SUBDIVISION, TAX MAP 48 ((18)), PARCEL 1 WHEREAS, Trafalgar House Property, Inc., owner of the Stonegate Subdivision, has requested that portions of the water line, sanitary sewer and storm drainage easements be vacated as shown on plat #RP2191-3, prepared by Huntley, Nyce and Associates, Ltd; and WHE~, the easements being vacated will either be included within the public right-of-way of Stonegate, Section 3, or are no longer necessary; THEKEFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The vacation of portions of the water line, sanitary sewer, and storm sewer easements as shown on Plat #RP2191-3, prepared by Huntley, Nyce and Associates, Ltd., dated May 15, 1993, and last revised June 10, 1993, is hereby approved. 93-119 - RESOLUTION ~ INITIATING AN AMENDMENT TO SECTION 7A-5(4) SUPPLEMENTAL REGULATIONS OF THE LEESBURG ZONING ORDINANCE TO REDUCE THE PERIMETER YARD REGULATIONS IN THE HISTORIC DISTRICT WHEN RECOMMENDED BY THE BOARD OF ARCHITECTURAL REVIEW WHE~, on June 8, 1993, Mr. Ron Bealer of the Loudoun Christian Fellowship petitioned Council to help facilitate the expansion of their church in the Old and Historic District; and WHEREAS, the zoning regulations only permit the reduction of front yards within the Old and Historic District if recommended by the Board of Architectural Review; and WHEREAS, it is reasonable and prudent to expand this section of the ordinance to include modifications for all the perimeter yards in the urban setting of the Old and Historic District if the proposed addition can be demonstrated to the satisfaction of the Board of Architectural Review that the reduced yards are compatible with the surrounding uses; and WHEREAS, the proposed ordinance revision is narrow in scope and applicable to only the Old and Historic zoning district; and WHEREAS, the proposed amendment is intended to promote the public health, safety and 6~2~3-6- welfare, and will facilitate a convenient, attractive and harmonious developmen~ THEREFORE, RESOLVED by the Council of the Town of Leesburg in ~r~rginia as follows: SECTION I. An amendment to Section 7A-5(4) of the Leesburg Zoning Ordinance is hereby initiated to include the text as stated below: Section 7A-5(4) Reduction of ?rcn~ ar.~ Perimeter Yard Requir~ment~ in Historic District. New or expanded developments within the H-1 historic district may modi~ bc ]~.~.,~..n_ clcccr ~c '~ ~..~.-~ .... ~..~..~ +~ .... ~.~-'-'-~...~ cu~cri~c~ ~7 the underlying zoning district yard requirements, up to the average setback of existing buildings (including any covered or enclosed portions of such structures) w~ch ~"' '~ A prcpc:..~' ~-~ +~A ~-~' ~"~-*~-~ when recommended by the Board of Architectural Review, and when the Zoning Administrator determines that such development will not interfere with necessary public improvements and will not pose a safety hazard. SECTION H. The Planning Commission shall hold a public hearing to consider this amendment to the Zoning Ordinance, and report its recommendation to the Town Council pursuant to Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended. 93-120 - RESOLUTION - APPROVING CONSENT TO TRANSFER THE CATV FRANCHISE TO BENCHMARK ACQUISITION FUND I, L.P. WHEREAS, the Council of the Town of Leesburg (the 'Town Council") has adopted, and from time to time amended, Chapter 5.1 of the Town Code of Leesburg, Virginia ("Town Code") for the purpose of establishing regulations and procedures governing cable television systems and the granting of cable television franchises within the Town of Leesburg;, and WHEREAS, consistent with Chapter 5.1 of the Town Code and pursuant to Ordinance No. 80-0- 15 adopted on October 14, 1980, the Mayor and Town Council granted a cable television franchise to Catoctin Cable Communications, Inc. (the "Franchise"); and WHEREAS, the Mayor and Town Council entered into a Franchise Agreement with Catoctin Cable Communications, Inc., dated October 14, 1980, evidencing the grant of the Franchise (the "Franchise Agreement"); and WHEREAS, by Resolution No. 85-62 of the Town of Leesburg, the Mayor and Town Council approved the transfer of the CATV Franchise to Prime Cable of Maryland Limited Partnership ("Prime Cable") on May 1, 1985; and WHEREAS, by Resolution No. 88-196 of the Town of Leesburg, the Mayor and Town Council on October 11, 1988, authorized the sale and transfer, directly or indirectly, of 100% of the corporate stock of Prime Cable's general partner, Prime Cable of Maryland, Inc. CPCMI"), as well as 100% of the limited partnership interests in Prime Cable to Maryland Cable Corp., a wholly owned subsidiary of Maryland Cable Holdings Corp., a corporation controlled by ML Media Opportunity Partners, L.P., a Delaware limited partnership, and approved the contemporaneous liquidation of Prime Cable and the contemporaneous liquidation of PCMI and the direct and indirect shareholders of PCMI, for the Leesburg cable television Franchise to be held and the cable television system to be owned directly by Maryland Cable Corp.; and WHEREAS, in accordance with Article VI of Chapter 5.1 of the Town Code, Maryland Cable Corp. has requested the Council to consider and to authorize the transfer of the Leesburg cable television Franchise from Maryland Cable Corp. to Benchmark Acquisition Fund I, L.P. ("Benchmark"); and WHEREAS, Benchmark has filed the required application for consent to transfer of the Town of Leesburg's CATV Franchise Agreement, paid the required application fee and has provided proof that it possesses the requisite qualifications to operate and maintain the CATV system in the Town of Leesburg; and WHEREAS, the Town of Leesburg Cable Television Advisory Commission has reviewed Benchmark's application for consent to the transfer of the Franchise, and materials dated March 18, 1993; April 12, 1993 and April 19, 1993 from Benchmark that document commitments to improve cable 6~2~3-7- television service in Leesburg and has unanimously recommended that the Council consent to the transfer subject to the conditions set forth below. THEKEFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Maryland Cable Corp. is authorized to transfer its cable television franchise with the Town of Leesburg to'Benchmark subject to all conditions herein set forth. SECTION H. This consent is granted under the conditions that Benchmark agrees to assume all obligations of Maryland Cable Corp. under the Franchise and Franchise Agreement and to comply with all the provisions of the aforesaid Franchise Agreement. the Cable Television Ordinance of the Town of Leesburg, its application for the transfer of the Franchise, the commitments included in the statements set forth in the materials dated March 18, 1993; April 12, 1993; and April 19, 1993, referenced above, the Commitment Letter from Maryland National Bank dated June 8, 1993, and the additional specific conditions set forth in Section HI of this Resolution. SECTION HI. Notwithstanding anything else to the contrary, this Franchise transfer is expressly conditioned on Benchmark's unequivocal agreement to the following'. (A) Rates will not be increased for any single service or tier of service prior to April 1994; (B) In the event that the rate regulations of the Federal Communications Commission permit but do not require Benchmark to charge the same rate in Leesburg as charged in the rest of Loudoun County, the rate charged in Leesburg will be the lower of the two permitted rates; (C) Cable service will be provided to all homes within the Town of Leesburg requesting service, regardless of density, subject only to the time frame set forth in Section 6 of the Franchise Agreement with respect to any area subsequently annexed by the Town; (D) All service vehicles shall clearly indicate the company name of the Franchisee and shall reference the Town of Leesburg; (E) A payment drop-off location shall be established at a customer convenient location within the Town of Leesburg; (F)- Immediately upon transfer of the Franchise, all revenues generated by any SMATV or other unfranchised operations within the corporate limits of Leesburg that are owned or controlled by, or under common ownership or management with Benchmark, shall be subject to a five percent (5%) franchise fee as provided in Section 5.1-65 of the Town Code of Leesbur~, (G) The present level of local origination programming will be maintained or exceeded. Live coverage of all Town Council meetings will be provided on a separate channel dedicated for this purpose. Such meetings will also be taped and aired on a repeat basis at convenient pre-announced times; and (H) The Town of Leesburg will be given priority use of the mobile studio facility. SECTION IV. Maryland Cable Corp. is released from any obligation to the Town of Leesburg under the aforesaid CATV Franchise arising from Benchmark's operation of the cable system after the effective date of the transfer of the Franchise to Benchmark. SECTION V. The Town Manager is directed to inform Maryland Cable Corp. and Benchmark of adoption of this Resolution in writing by furnishing them with executed copies of this Resolution authorizing the transfer of the cable television Franchise for the Town of Leesburg from Maryland Cable Corp. to Benchmark. SECTION VI. The transfer of the Franchise to Benchmark will become effective upon the filing of the Acceptance referenced in Section VIII hereof and the approval as to legal form of the Acceptance by the Town Attorney. SECTION VII. Authorizations and approvals hereby given as further conditioned upon consummation of the closing of the approved transfer of assets and business and all rights under the Franchise Agreement within one hundred twenty (120) days of the date of this Resolution. SECTION VIII. Benchmark shall file with the Town Manager, anytime after adoption of this Resolution, but in no event later than within thirty (30) days after consummation of the sale, transfer or assignment, an unconditional Acceptance of the terms of this Resolution. Failure to file the Acceptance 6/22/93 -8- within the time period described above shall void the Franchise. SECTION DL Maryland Cable Corp. and Benchmark shall reimburse the Town of Leesburg for reasonable consultant costs and attorney's fees associated with the transfer. SECTION X~ Benchmark may pledge, mortgage, hypothecate or other~vise transfer, as may be required, an interest in the cable television system. Such transfer, pledge, mortgage or hypothecation may, if required by the lender, include the authority to sell the cable television system or effect a change in control of the Franchise, subject to consent of the Town Council, upon mortgage default by the Franchisee. Such approval shall not be unreasonably withheld. In this event, any such sale or tr~n~er of control approved will require the new owner to comply with all terms and conditions of the Resolution, as well as the original Franchise Agreement and Franchise Ordinance. 93-121 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR STONEGATE PHASE 1 SECTION 3 RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Stonegate Phase 1 Section 3. SECTION II. The extension of municipal water and sewer for Stonegate Phase 1 Section 3 is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION Ill. A corporate surety bond from American Home Assurance Company in the amount of $437,087.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Stonegate Phase 1 Section 3. 93-122 - RESOLUTION - AMENDING POSITIONS AND NUMBE1LS OF EMPLOYEES IN THE TOWN'S SERVICE WHEREAS, during the budget process each year the town manager's office reviews the town's positions and number of employees; and WHEREAS, the adopted fiscal year 1994 budget includes appropriations to fund the positions listed below to provide necessary services. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as fonows: SECTION I. The positions and number of employees in the town service established for the fiscal year beginning July 1, 1993 are amended as follows: Number of Full-Time Equivalent Positions Available LEGISLATIVE DEPARTMENT Clerk of Council 1 EXECUTIVE DEPARTMENT Manager Deputy Town Manager Asst. Town Manager for Economic Development Executive Secretary Personnel Officer Public Information Officer Secretary Clerk Typist 1 1 1 1 1 FINANCE DEPARTMENT 6/22/93 -9- Director of Finance Asst~ Director of Finance Accounting Clerk II Accounting Clerk I Systems Technician Utility Billing Technician POLICE DEPARTMENT Chief of Police Captain Lieutenant Sergeant Corporal Police Officer Police Officer 1st Class Administrative Secretary Secretary Parking Control Officer Data Entry Clerk ENGINEERING AND PUBLIC WORKS ADMINISTRATION Director of Engineering and Public Works T.~..c Engineer II - Transportation Administrative Secretary ENGINEERING AND INSPECTIONS Chief of Plan Review Chief of Operat/ons/Inspections Engineer II Engineer I ~:+~'~,.~ Prcjcctc ~^~-~:~+~~.~.~,. Contracts Administrator Senior Inspector Facility Inspector STREET MAINTENANCE Superintendent Asst. Superintendent Maintenance Worker II Maintenance Worker I Laborer EQUIPMENT MAINTENANCE Superintendent Heavy Equipment Operator Mechanic II Mechanic I Laborer PARKING METER AND LOTS Parking Attendant (part-time) PLANNING, ZONING AND DEVELOPMENT Dir. Planning, Zoning & Development Chief of Current Planning 6/22/93 -10- 1 1 1 1 1 1 1 1 10 3 3 1 1 1 1 1 3 1 1 1 3 1 1 4 7 4 1.5 Chief of Comprehensive Planning Zoning Administrator Planner II Asst. Zoning Administrator Zoning & Development Assistant Administrative Secretary Secretary PARKS AND RECREATION Director of Parks and Recreation Asst. Director of Recreation Administrative Secretary ~ ..... "~- ~-~:-~+-- Center Coordinator Recreation Supervisor Parks & Marl:c~ng Coordinator Center Supervisor Aquatics Supervisor Desk Clerk (2 part-time) Recreation Attendant (part-time) Lifeguard (part-time) Building Supervisor (oart-time) UTILITIES ADMINISTRATION Director of Utilities Engineer II Senior Utility Plant Mechanic Administrative Secretary Asst. Utility Plant Mechanic Capital Projects Representative WATER POLLUTION CONTROL Superintendent Asst. Superintendent Senior Operator Operator I Operator II Operator III Equipment Operator Laborer UTILITIES LINES Superintendent ASst. Superintendent Maintenance Maintenance Worker Il Maintenance Worker I Meter Technician Laborer WATER SUPPLY Superintendent Senior Operator Operator I Operator 1I Operator III Operator IV ! 1 1 1 1 1 2 08.5 1 1 1 1 1 1 1 2 1 1 1 1 1 2 2 1 1 1 1 6/22/93 - 11- AIRPORT Airoort Supervisor Airport O]~erations/Customer Services Specialist (part-time) TOTAL PERSONNEL AUTHORIZED Full-time Equivalent (part-time positions inclusive in total above) VOTE Aye: Nay: !O.(h) MOTION 165.00 15.00 Councilmembers Atwell, Blake, Trocino (abstained from the vote of 10. (c) and (f), Umstattd, Webb, and Mayor Clem None On motion of Mr. Webb, seconded by Mr. Blake, the following resolution was proposed and unanimously adopted. 93-123 - RESOLUTION - AWARDING THE LEESBURG MUNICIPAL AIRPORT MEDIUM INTENSITY TAXIWAY LIGHTING AND SIGNAGE INSTALLATION BID TO SIGNAL AND CONTROL COMPANY OF PURCELLVILLE, VIRGINIA WHEREAS, funding for the design of the Leesburg Municipal Airport Medium Intensity Taxiway Lighting and Signage project was authorized as part of the adopted FY '93 Airport Fund Budget; and WHEREAS, the project design was completed by Campbell and Paris Engineers in April, 1993; and WHEREAS, the Virginia Department of Aviation and the Federal Aviation Administration allocated, funding for the installation of this project~ pending design completion, in August and October, 1992 respectively; and WHEREAS, the installation of the project was budgeted in the adopted FY '94 Airport Fund Budget; and WHEREAS, the Notice to Bidders was advertised on May 12, 1993, with the bid opening held on May 27, 1993; and WHEREAS, Signal and Control Company of Purcellville was the low bidder, submitting a bid of $427,531.00; and WHE~, on June 12, 1993 the Leesburg Airport Commission recommended that the Council award the bid to Signal and Control Company; and WHEREAS, on June 15, 1993 the Town Council Administration and Public Works Committee recommended the bid award to Signal and Control Company; and WHEREAS, commencement of the project installation is contingent upon the negotiation and execution of a contract between the town and Signal and Control Company, as well as the execution of the grant agreements between the town and the Virginia Department of Aviation and the Federal Aviation Administration: THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Municipal Airport Medium Intensity Taxiway Lighting and Signage installation bid is hereby awarded to Signal and Control Company of Purcellville, Virginia based on their low bid of $427,531.00, submitted on May 27, 1993. 6/22/93 -12- SECTION II. The Town Manager is hereby authorized to negotiate and execute a contract between the Town of Leesburg and Signal and Control Company for the installation work specified in the officially advertised and amended Notice to Bidders, for an amount not to exceed $427,531.00. SECTION III. The Town Manager is hereby authorized to execute grant agreements between the Town of Leesburg and the Virginia Department of Aviation and the Federal Aviation Administration for reimbursement to the town in the amount of ninety-five percent (95%) of the total installation project VOTE Nay: Absent~ Councilmembers Atwell, Blake, Trocino, Umstattd, Webb, and Mayor Clem None Councilmember Bange 10.0) MOTION On motion of Mr. Blake, seconded by Ms. Umstattd, the following resolution was proposed and unanimously adopted. 93-124 - RESOLUTION - AWARDING CONTRACTS FOR CHEMICAL SUPPLIES FOR FY 94 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager shall enter into contracts for the purchase of chemical supplies with the suppliers and at the prices shown below: Chemical Chlorine Sodium Hypochlorite Calcium Hypochlorite Hydrefluosflicic Acid Hydrated Lime Potassium Permanganate Ferric Chloride Carbon Soda Ash Suffur Dioxide VOTE Aye: Nay: Vendor Price Manley Regan $335.30/ton Prillaman Chem. $ 0.67/gal. Prillaman Chem. $ 82.00/cwt Prillaman Chem. $ .0898flb. Chemstone $114.50/ton Prillaman Chem. $131.00/cwt PVS Technologies $192.40/ton Tilley Chem. $ 44.00/cwt Prillaman Chem. $10.80/cwt Manley Regan $ 32.75/cwt Councilmembers Atwell, Blake, Trocino, Umstattd, Webb, and Mayor Clem None Absent~ Councilmember Bange Substitute lO.(i) MOTION Ms. Umstattd made a motion to adopt resolution lOij). The motion failed due to lack of a second. DISCUSSION 6/22/93 -13- Mr. Atwell stated he was fully aware of the Virginia Procurement Act and disagrees that insurance should be acquired through sealed bids. MOTION Mr. Atwell made a motion to award the contract to the second low bidder, AH&T. The motion was seconded by Mr. Blake. DISCUSSION Ms. Umstattd asked for an opinion from the town's legal staff. Ms. Welsh stated that she rather address this in the form of a confidential memo. However, she said that it is not her recommendation to award the bid to AH&T. Mr. Brown stated there was a $3,200 difference between the two bids. Mr. Webb expressed serious concern with what the Town of Leesburg's legal counsel was advising the Council to do. Ms. Umstattd agreed with Mr. Webb. VOTE Aye: Councilmembers Blake, Trocino, Atwell Nay: Councilmembers Umstattd, Webb, and Mayor Clem Absent: Councilmember Bange MOTION On motion of Ms. Umstattd, seconded by Mr. Webb, the following resolution was proposed and adopted. 93-125 - RESOLUTION - AUTHORIZING THE EXECUTION OF A CONTRACT FOR PROPERTY AND CASUALTY INSURANCE FOR 1993-94 WITH CIGNA AND HARTFORD STEAM BOILER AS BID BY THE KOCH INSURANCE AGENCY WHEREAS, the Town of Leesburg issued an Invitation for Bids (IFB) for insurance providers for property and casualty insurance coverage on March 19, 1993; and WHEREAS, five bids from insurance agencies were received on May 19, 1993; and WHEREAS, the town's insurance consultant, McNeary Insurance Consulting, Inc., has reviewed and analyzed the bids for compliance with the IFB and a copy of their report was provided to the Council by memorandum dated May 28, 1993; and WHEREAS, the insurance consultant and Director of Finance recommend award of the town's property and casualty insurance for 1993-94 to the lowest responsive and responsible bidder, CIGNA and Hartford Steam Boiler as bid by the Koch Insurance Agency. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is authorized to purchase, on behaff of the town, property and casualty insurance for 1993/94 from the CIGNA and Hartford Steam Boiler on the basis of the bid submitted by the Koch Insurance Agency of Vienna, Virginia, in the amount of $167,408.00. DISCUSSION Mr. Blake felt that all bids be centralized with one person from now on. Mr. Atwell stated he would support the motion for two reasons. Number one, he made his point with his substitute motion and number two he did not want to see any lapse in coverage. VOTE Aye: Nay: Councilmembers Atwell, Umstattd, Webb, and Mayor Clem Councilmembers Blake, Trocino 6/22/93 -14- Absent: Councilmember Bange 10 00 MOTION On motion of Mr. Trocino, seconded by Ms. Umstattd, the following resolution was proposed and unanimously adopted. 93-126 - RESOLUTION - AU'I~ORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT CONTRACT B~EEN THE LEESBURG TOWN COUNCIL AND STEVEN CARL BROWN REAPPOINTING HIM TO THE POSITION OF TOWN MANAGER RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Mayor of the Town of Leesburg is hereby authorized to execute the attached employment contract on behalf of the Leesburg Town Council which reappoints Steven Carl Brown to the position of Town Manager and establishes appropriate employment benefits effective upon passage of this resolution. SECTION II. The necessary appropriation of funds is authorized to be made from the Unappropriated General Fund Balance. VOTE Aye: Councilmembers Atwell, Blake, Trocino, Umstattd, Webb, and Mayor Clem Nay: None Absent: Councilmember Bange NEW BUSINESS 11.(a) On motion of Mr. Webb, seconded by Mr. Blake, the following ordinance was proposed and adopted. 93-0-23 - ORDINANCE - AMENDING CHAFI~R 2, ARTICLE II, SECTION 2-91 COMPENSATION FOR THE MAYOR AND MEMBERS OF THE COUNCIL WHEREAS, on June 23, 1992, the Town Council volunteered to reduce their monthly compensation in response to the FY 1992 Budget shortfall; and WHEREAS, the yearly compensation for the Mayor and Council was reduced from $7,500.00 to $3,750.00 and $6,000.00 to $3,000.00, respectively; and WHEREAS, the Council raised the compensation for members of the town's board and commissions effective July 1, 1993; and WHEREAS, the Council's salary must be raised to keep pace with town advisory positions: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Annual compensation of the Town Council is amended as follows: See. 2.91. Mayor and eouneilmembers. Compensation for the mayor and members of the council after July 1, $992 1993 shall be $3,750.00 and $3,00~.0~ $3,600.00 per annum, respectively, payable in equal monthly installments. SECTION II. This ordinance shall become effective on July 1, 1993. DISCUSSION Ms. Umstattd stated she would vote against the motion. She took this job knowing the salary was $3,000. She requested her salary to remain at $3,000.00. Mr. Atwell stated he would also vote against the motion but would accept the monthly compensation. VOTE Aye: Councilmembers Blake, Trocino, Webb and Mayor Clem 6/22/93 -15- Nay: Councilmembers Atwell and Umstattd Absent: Councilmember Bange On motion of Mr, Webb, seconded by Mr. Trocino, the following resolution was proposed and unanimously adopted. 93-127 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR LEESBURG GATEWAY LOT 1 WHEREAS, Council Resolution 92-224, adopted on November 10, 1992, authorized an agreement for installation of public improvements and approved water and sewer extension permits for Leesburg Gateway Lot 1; and WHEREAS, the developer, Double T Corporation, did not provide a performance guarantee for the public improvements; and WHEREAS, the final subdivision plat for Leesburg Gateway Lot 1 cannot be recorded until the public improvements are completed and accepted by the Town Council or a performance guarantee acceptable to the Town Council is provided; and WHEREAS, the developer proposes to provide a cash bond in the amount of $59,462.00 to guarantee the installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Manager shall execute a new contract for installation of public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Leesburg Gateway Lot 1. SECTION II. The cash bond in the amount of $59,462.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Leesburg Gateway Lot 1. SECTION III. The contract for installation of public improvements authorized by Resolution 92-224 will be cancelled after the new contract and performance guarantee, approved in Sections I and II above, are executed and in effect. VOTE Aye: Councilmembers Atwell, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent: Councilmember Bange Mr. Blake felt the report on the Airport given by Mr. Caulkins was quite good. He stated any adjustments with the employees be made with Airport Commission and Airport Manager. Mayor Clem requested that Steve Brown provide an update as to what kind of approach Council should proceed with in reference to the Airport employees. Mayor Clem read a letter from Frank Ratio commending Susan Farmer's efforts with the Balls Bluff rededication. MOTION On motion of, and duly seconded, the meeting was adjourned at 9:50 p.m. Clerk of CounCil ~ 6/22/93 -16-