HomeMy Public PortalAbout1994_01_11 (2)463
TOWN COUNCIL MEETING MINUTES OF JANUARY I1, 1994
A regular meeting of the Leesburg Town Council was held on January 11, 1994, at 7:30 p.m. in the
Council Chambers, 25 West Market Street, Leesbur& Virginia. The meetingwas called to order by the Mayor.
INVOCATION was given by Councilmember Bange.
SALUTE TO THE FLAG was led by Police Chief KidweH
ROLL CALL
Councilmembers present
George F. Atwell
Georgia W. Bange
Ronald W. Blake
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem
Staff members present
Town Manager Steven C. Brown
Deputy Town Manager Peter M. Stephenson
Parks Coordinator John Johnston
Director of Engineering and Public Works Thomas A. Mason
Director of Planning. Zoning, and Development Michael Tompkins
Planner Marilee Seigfried
Town Attorney George Martin
Town Clerk Barbara Messinger
APPROVAL OF MINUTES
On motion of Mr. Webb, seconded by Mr. Trocino, the special meeting minutes of December 8, 1993 and
December 16, 1993 were approved as written.
VOTE
Aye:
Nay:
Abstain:
Councilmembers Atwell, Blake, Trocino, Webb, and Mayor Clem
None
Councilmember AtweH (December 8, 1993)
Councilmember Bange (December 8, 1993 and December 16, 1993)
Councilmember Umstattd (December 8, 1993, and December 16, 1993)
Councilmember Webb (December 16, 1993)
CERTIFICATES OF APPRECIATION
Mayor Clem presented a Certificate of Appreciation to Sergeant Ebersole and a steak to "Buddy".
PETITIONERS
John Johnston and Mr. Tolbert presented the Environmental Advisory Commission's Annual Christmas
Decoration awards.
Norman Davis, resident of Fox Chase, asked the Town of Leesburg to continue the fence along the side of
the Walmart store.
Mr. Davis presented a piece of pipe that burst in the Brookmeade development. He was disappointed in the
poor workmanship and quality of the pipe and was concerned with the cost for repairs.
PUBLIC HEARING:
To consider Special Exception Application ~SE-93-04 by the Leesbura Baptist
Church
Marilee Seiefried presented the staff report.
Ms. Umstattd asked for clarification on the location of the proposed parking lot.
No public comment was received. The public hearing was closed.
LEGISLATION
464
MOTION
On motion of Mr. Webb, seconded by Mr. Blake, the following ordinance was proposed and unanimously
adopted.
94-0-1 AN ORDINANCE: APPROVING SPECIA~ EXCEPTION APPLICATION #SE93-04
LEESBURG BAPTIST CHURCH
WHEREAS, Leesburg Baptist Church has requested special exception approval to modify an existing
phasing plan; and
WHEREAS, a place of worship is a special exception use in the R-4 zoning district; and
WHEREAS, on December 16, 1993, the Planning Commi.~*ion recommended conditional approval
of special exception #SE93-04 which included a clarification of the definition for religious education classes;
and
WHEREAS, on January 11, 1994, 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 #SE93-04 Leesburg Baptist Church, identified as Tax Map
48D((1)), Parcel 55 in the land records of Loudoun County, is hereby approved subject to the following
conditions:
1. The development is in substantial conformity with the special exception concept plan
prepared by Gordon Associates, dated October 11, 1993 and revised December 16,
1993.
2. Phase 1 screening will be brought into conformance with the Zoning Ordinance
required screening at Phase 4.
3. Uses on the site will be limited to those listed on the special exception concept
plan.
SECTION II. Approval of the special exception concept plan does not authorize modifications to any
requirements of the Design and Construction Standards Manual, Subdivision and Land Development
Regulations, or the Zoning Ordinance unless specifically set forth in this ordinance.
SECTION III. This ordinance shall be in effect upon its passage.
DISCUSSION
Ms. Umstattd asked if homeowners adjacent to the property had been notified of this proposal.
Mr. Brown replied they had.
VOTE
Aye: Councilmember AtweH, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
PUBLIC HEARING: to eonsider Boundnry Line Vaention #BLV-g3-04 by Brinn A. Filimnn
Marilee Seil~-ied presented the staff report.
No public comment was received. The public hearing was closed.
LEGISLATION
rt.(b)
MOTION
On motion of Mr. Blake, seconded by Ms. Umstattd, the following ordinance was proposed and unanimously
adopted.
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465
94-0-2 - AN ORDINANCE: APPROVING #BLV-93-04 VACATION OF BOUNDARY LINES ON
PARCELS 12 & 13~ TAX MAP 48A BLOCK 37 BY BRIAN A. FII.I.MAN
WHEREAS, this property is comprised of two separate lots; and
WHEREAS, Sec. 7A-4(4) of the Leesburg Zoning Ordinance requires that prior to the issuance of
a Zoning Permit for a structure built on two lots, a plat of vacation must be recorded which locates the
structure on a single lot; and
WHEREAS, the owner of these lots desires that the boundary line separating these lots be vacated
to create a single building lot that conforms with the Leesburg Zoning Ordinance; and
WHEREAS, the Town Council held a public hearing on this application on January 11, 1994.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Vir~nia as follows:
SECTION I. Boundary Line Vacation Application #93-04, authorizing the vacation of the boundary
lines separating lots 5 & 6 on Royal Street S.E. as further identified on Loudoun County Tax Map 48A, Block
37, Parcels 12 & 13, is hereby approved as shown on the plat of vacation prepared by Ken Erickson dated
November 24, 1993.
SECTION II. If no appeal following the adoption of this ordinance is filed within thirty(30) days, a
certified copy of the ordinance of vacation and accompanying plat may be recorded in the Loudoun County
Land Records.
VOTE
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem
None
COUNCILMEMBER COMMENTS
Mr. Trocino had no comment.
Ms. Umstattd announced that Irene Bovich was in the hospital.
She noticed the Parks and Recreation Department had received a letter from the Library Board of Trustees
in relation to some of their concerns with a proposed tot lot near the Rust Ia"orary. She hoped the Town
would consider their requests of better buffering, landscaping between the tot lot and the parking lot, so that
children are not encouraged to run into the parking lot and that the Town also respect their need to have
adequate library parking. Another point she made was that the Town might, in the future, get an opinion
from the Town's Police Department - status of the safety of projects in the Town, when it relates to children.
Making sure they are protected and not endangered in any way.
Ms. Umstattd reported that the Finance Committee met last week and another meeting would be held January
13, 1994. She stated if no new projects were taken on, the Town could afford to give a tax decrease to the
citizens of Leesburg, which might be appropriate since the Board of Supervisors was planning quite a
substantial tax increase. She hoped this issue could be addressed at the upcoming Finance Committee
meeting.
Mr. Blake had no comment.
Mr. Webb had no comment.
Mr. AtweH had no comment.
Ms. Ban~e had no comment.
MAYOR'S REPORT
Mayor Clem hoped everyone had a happy holiday season.
He spoke about the Western bypass noting its importance and hoped the Council would support the bypass
east of Goose Creek.
Mayor Clem reported that he and Mr. Brown were holding meetings with the School Board to address the
problems in Ashton Downs. He stated that some information had come to them stating the streets had been
completed and there was no reason for the school buses not to enter the Ashton Downs subdivision. He
stated that since the School Board stands ready to ask the Town Council to support them for building sites
and other amenities that they need it was time for the School Board to support the Town and pick the
1/11/94 -3-
466
children up on all streets that are completed and serviceable.
Mayor Clem reminded everyone of the 'I Have A Dream' march on January 17, 1994 at 10:30 A.M. at the
Courthouse.
He congratulated the town crews for their efforts regarding snow removal.
Mayor Clem requested that a meeting be arranged with Disney representatives to address questions from the
Council and the public.
He announced the death of Councilraember Blake's mother-in-law and read a thank you note from the family.
Mayor Clem thanked everyone who helped his family after his mother broke her leg. He also thanked the
Town and Council for the flowers sent to his mother.
MANAGER'S REPORT
Mr. Brown announced the Finance Committee meeting of the Board of Supervisors would be held on January
14, 1994, at 10 a.m. He stated the purpose of the meeting would be to discuss the future of the county
complex. He reported that Jim Gahres was heading up the effort to try to keep the county complex in
Leesburg and noted meetings would be necessarywith the Council to discuss some responses to requests from
the Board of Supervisors, once they are received.
Mr. Brown responded to Coundlmember Umstattd's point regarding the Library Board letter stating that Gary
Huff had responded.
Mr. Brown announced Jeff Dube, John Merchant, and Ben Lawrynas graduated from the Police Academy on
December 20th. He also announced that Chief Kidwell celebrated his 33rd anniversary with the Town on
January 1, 1994.
MOTION
On motion of Ms. Bange, seconded by Mr. Blake, the following resolution of respect was proposed and
unanimously adopted.
RESOLUTION OF RESPECT
STANLEY D. HERRELL
WHEREAS, Stanley D. Herrell, Jr., bom October 3, 1932, lived in Leesburg for many years and
operated Leesburg Glass Company; and
WHEREAS, Mr. Herreil served the Town of Leesburg with distinction and dedication as a Town
Council member from 1976 to 1982; and
WHEREAS, Mr. Herrell was a member of the Leesburg United Methodist Church and the Leesburg
Host Lions Club and continued to serve his community until his death on December 29, 1993;
THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg
in Virginia extend their sympathy to Mr. Herrelrs family and to all who knew him; and
BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this
meeting and that a copy be sent to his wife, Mona Herrell.
VOTE
Nay:
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem
None
LEGISLATION
ll.(c). (d).(e).(f).(~).(h).(i).(i).(k).(l)
MOTION
On motion of Mr. Webb, seconded by Mr. Blake, the following resolutions were presented as consent, and
adopted.
94-1 - A RESOLUTION: INITIATING AN AMENDMENTTO SECTION 13-55.3 OF THE SUBDIVISION
AND LAND DEVELOPMENT REGULATIONS OF THE TOWN OF
1/11/94 -4-
483
LEESBURG REGARDING BOUNDARY LINE ADJUSTMENTS AND
REFERRING TO THE PLANNING COMMISSION FOR PUBLIC
HEARING AND RECOMMENDATION
WHEREAS, on July 1, 1993, the Virginia General Assembly, in regular session, amended Section.
15.1-483.1 Code of Vir~nia as it pertains to the relocation or alteration of boundary lines; and
WHE~, to ensure consistency with the Code of Virginia, the Town of Leesburg Subdivision and
Land Development Regulations should be likewise amended; and
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. This amendment is hereby initiated and referred to the Planning Commission for a
public hearing and recommendation to the Town Council to amend Section 13-55.3 of the Subdivision and
Land Development Regulations for the Town of Leesburg, said amendment to read as follows:
SECTION 13-55.3 BOUNDARY LINE ADJUSTMENTS
The Land Development Official may approve the relocation or other alteration of the boundary of any lot or
parcel of land, which was established as part of an otherwise valid and properly recorded plat of subdivision
or re-subdivision and properly executed by the owner{s) of such land and approved as provided in this
ordinance or properly recorded prior to the applicability of a subdivision ordinance ~"d
+, ...... t.x ..~ .... , ~..4 if such relocation or alteration does not create any additional lots or involve the
relocation or alteration of streets, alleys, easements for public passage, or other public a~eas; and provided
further, that no easements or utility rights-of-way shall be relocated or altered without the express consent of
aH persons holding any interest therein. A boundary line adjustment shall result in lots which conform to the
requirements of the Zoning Ordinance, or in the case of existing non-conforming lots, does not increase the
extent of non-conformance. The plat approving the boundary line adjustment shall be in a form approved by
the Land Development Official and shah be executed by the owner or owners of such Land as provided in
Section 15.1-477 of the 1950 Code of Virginia, as amended, be_~ +t.~ .:~.+ ...... · +~. .....,.+. ...../ox nnrl
shah bear the seal and signature of a certified land surveyor, and the approval signatures of the Land
Development Official and Zoning Admini.~trator. The subdivider or developer shah record the boundary line
adjustment plat in the land records of Loudoun County within six months of approval. Any plat not so
recorded shah be deemed null and void.
SECTION II. The Planning Commi.gsion shah report its recommendation to the Town Council on
the proposed amendment pursuant to Chapter 11, Title 15.1-431 of the Code of Virginia, as amended.
94-2 - A RESOLUTION: AUTHORIZING A NOTICE OF PUBLIC HEARING FOR A SPECIAL
EXCEPTION APPLICATION #SE-93-05 BY DENNIS SPENCER
RESOLVED, by the Council of the Town of Leesburg in Virginia, as follows:
A notice of Public Hearing to consider special exception application #SE-93-04 for vehicle sales and
service activities by Dennis Spencer shah be published in the Leesburg Today on February 4, 1994 and
February 11, 1994 for public hearing on Tuesday February 22, 1994 in the Council Chambers of the
Government Center at 25 West Market Street, Leesburg, Vir~nia 22075.
94--3 - A RESOLUTION: RECEIVING AND REFERRING AN APPLICATION BY LEEGATE
CORPORATION~ N.V. #ZM-139 KINCAID FOREST - FLOODPLAIN ALTERATION
TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11,
TITLE 15.1 OF THE CODE OF VIRGINIA~ AS AMENDED
RESOLVED, by the Council of the Town of Leesburg in Virginia, as follows:
An application by Leegate Corporation, N.V. for an alteration to the 100-year floodplain for
stormwater management is received by Council and referred to the Planning Commission for public hearing
and recommendation under Chapter 11, Title 15.1 of the Code of Vir~nla, as amended.
94-4 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN GREENWAY FARMS SECTION 1
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Greenway Farms Section 1 and certified that the value of work performed
is 872,400.00; and
WHEREAS, a corporate surety bond in the amount of $1,090,500.00 from the American Home
Assurance Company was provided by the developer and approved by the Council to guarantee installation of
public improvements for Greenway Farms Section 1.
1/11/94 -5-
484
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the American Home Assurance Company in the
amount of $1,090,500.00 is reduced to $218,100.00.
SECTION II. The Town Manager shall notify the developer that liability for the corporate surety
bond has been reduced as outlined in Section I of this resolution and that this reduction does not constitute
acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the
contract for public improvements for G-reenway Farms Section 1.
94-5 - A RESOLUTION: ACCEPTINGPUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE
GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC
IMPROVEMENTS FOR THE MORNINGSIDE HOUSE - 316 HARRISON STREET
WHEREAS, Interprop Ltd General Partnership, the developer of the Morningside House located at
316 Harrison Street have completed the public improvements in accordance with the approved plans and town
standards, and these have been inspected and approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the Hanover Insurance Company in the amount of
$78,239.00 from the Hanover Insurance Company is released and a new security in a form approved by the
town attorney for a maintenance guarantee in the amount of $3,912.00 is approved and shall be in effect for
a period of one year from this date.
SECTION II. This release is contingent upon delivery of a properly executed instrument conveying
unto the town all such improvements and easements free of any liens or charges.
94-6- A RESOLUTION: APPROVING A SUBS2TFUTE PERFORMANCE GUARANTEE FOR
FORT BEAUREGARD TOWNHOUSES
WHEREAS, Council Resolution #92-55 approved a letter of credit from Crestar Bank as security to
guarantee installation of public improvements by Farmers and Merchants National Bank of Hamilton for the
Fort Beauregard Townhouses; and
WHEREAS, On September 18, 1993, Farmers and Merchants National Bank of Hamilton ceased
operation and all of its assets were sold to F & M Bank - Winchester; and
WHEREAS, the town has received a request from the new owner F & M Bank - Winchester asking
the town's approval to replace the letter of credit issued by Crestar Bank with a letter of credit from F & M
Bank of Harrisonburg, Virginia; and
WHEREAS, the Director of Finance has approved the financial standing of F & M Bank of
Harrisonburg.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The letter of credit from F & M Bank of Harrisonburg in the amount of $67,500.48 to guarantee the
installation of public improvements for the Fort Beauregard Townhouses is approved and the letter of credit
from Crestar Bank is hereby released.
94-7 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMEN2~ INSTALLED IN GREENWAY FARMS SECTION lA
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Greenway Farms Section lA and certified that the value of work performed
is $209,600.00; and
WHEREAS, a corporate surety bond in the amount of $262,000.00 from the American Home
Assurance Company provided by the developer and approved by the Council to guarantee installation of public
improvements for Greenway Farms Section lA.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond in the amount of $262,000.00 is reduced to $52,400.00.
SECTION II. The Town Manager shall notify the developer that liability for the corporate surety
bond has been reduced as outlined in Section I of this resolution and that this reduction does not constitute
acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the
contract for public improvements for Greenway Farms Section A.
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485
94-8 - A RESOLUTION: MAKING A RF. DUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN GREENWAY FARMS SECTION 2
WHERF.,A~ the town's Director of Engineering and Public Works has reviewed the public
improvements instnBed to date in Greenway Farms Section 2 and certified that the value of work performed
is $336,480.00; and
WHE~, a corporate surety bond in the amount of $420,600.00 from the American Home
Assurance Company was provided by the developer and approved by the Council to guarantee installation of
public improvements for Greenway Farms Section 2.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond in the amount of $420,600.00 is reduced to $84,120.00.
SECTION II. The Town Manager shah notify the developer that liability for the corporate surety
bond has been reduced as outlined in Section I of this resolution and that this reduction does not constitute
acceptance of public improvements by the town or relieve the developer of respons~"oih'ties outlined in the
contract for public improvements for Greenway Farms Section 2.
94-9 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTAIJ.F.D IN GREENWAY FARMS
REGIONAL STORMWATER MANAGEMENT POND - PHASE 1
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Greenway Farms Regional Stormwater Management Pond - Phase 1 and
certified that the value of work performed is $608,000.00; and
WHEREAS, a corporate surety bond in the amount of $760,000.00 from the American Home
Assurance Company was provided by the developer and approved by the Council to guarantee installation of
public improvements for Greenway Farms Regional Stormwater Management Pond - Phase 1.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in V~nla as follows:
SECTION I. The corporate surety bond from the American Home Assurance Company in the
amount of $760,000.00 is reduced to $152,000.00.
SECTION II. The Town Manager shah notify the developer that liability for the corporate surety
bond has been reduced as outlined in Section I of this resolution and that this reduction does not constitute
acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the
contract for public improvements for Greenway Farms Regional Stornnvater Management Pond - Phase 1.
94-10 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN GREENWAY FARMS ROUTE 15
IMPROVEMENTS- PHASE 1
WHERF~, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Oreenway Farms Route 15 Improvements - Phase 1 and certified that the
value of work performed is $170,800.00; and
WHEREAS, a corporate surety bond in the amount of $213,500.00 from the American Home
Assurance Company was provided by the developer and approved by the Council to guarantee installation of
public improvements for Greenway Farms Route 15 Improvements - Phase 1.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the American Home Assurance Company in the
amount of $213,500.00 is reduced to $42,700.00.
SECTION II. The Town Manager shah notify the developer that liability for the corporate surety
bond has been reduced as outlined in Section I of this resolution and that this reduction does not constitute
acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the
contract for public improvements for G-reenway Farms Route 15 Improvements - Phase 1.
VOTE
Nay:
Abstain:
Councilmembers Atwelk Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem
None
Councilmember Trocino (e,f,i,j,k,l), Councilmember Blake (g)
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486
IL(m) was withdrawn.
H.(n)
MOTION
On motion of Ms. Bange, seconded by Mr. Webb, the following ordinance was proposed and unanimously
adopted.
94-0-3 - AN ORDINANCE: RENAMING ISAAC ROAD FROM ITS INTERSECTION WITH DAVIS
AVENUE TO THE END OF PUBLIC MAINTENANCE
WHEREAS, the reali~ment of Davis Avenue in conjunction with the construction of the new Food
Lion Store resulted in a new street, recorded as Isaac Road; and
WHEREAS, it became necessary to change the address of the property known as the Antique Center,
formerly located at 132 Davis Avenue, to 850 Isaac Road, S.W.; and
WHEREAS, the owner of the property known as the Antique Center and the Center's tenants are
concerned for the ability of the public to locate them by the new address, have requested a street name change
to Davis Court, S.E.; and
WHEREAS, in accordance with Section 16-85 of the Town Code, a street name may only be changed
by ordinance:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Vir~nla as follows:
SECTION I. The newly created street named Isaac Road from its intersection with newly aligned
Davis Avenue to the dead end of public maintenance is hereby renamed Davis Court, S.E.
SECTION II. All prior ordinances in conflict herewith are repealed.
SECTION III. This ordinance shall be in effect upon its passage.
VOTE
Aye:
Nay:
11.(o)
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem
None
MOTION
On motion of Mr. Trocino, seconded by Mr. Webb, the following resolution was proposed and adopted.
94-11 - A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO REQUEST FEDERAL
COMMUNICATION COMMISSION (F.C.C.) CERTIFICATION FOR
REGULATION OF CABLE TELEVISION RATES
WHEREAS, the F.C.C. is in the process of establishing regulations to allow local governments to once
again regulate cable television rates; and
WHEREAS, the town's Cable Commission has been monitoring developments in rate regulation; and
WHEREAS, on January 10, 1994, the Leesburg Cable Commission approved a motion to recommend
that the Town Council file for F.C.C. certification for rate regulation; and
and
WHEREAS, actual regulations must be considered and adopted by Town Council in future meetings;
WHEREAS, no funds are required at this time to allocate for the purpose of rate regulation; and
WHEREAS, in the event the town's cable franchisee files for a rate increase, the Council may
consider allocating necessary funds to regulate rates:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager is hereby authorized to file the necessary documents to request F.C.C. certification
for cable television rate regulation.
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487
DISCUSSION
Ms. Umstattd asked what the cost would be to the Town of Leesburg for pursuing regulations.
Mr. Brown replied it would depend on how extensively the Town would like to regulate. He explained that
if a rate increase were to come on April 1st, that the Council and Cable Commission felt was appropriate,
it would be authorized and there would be no cost, but if the rate increase were thought to be inappropriate,
there would be some expense required. Mr. Brown stated that at this point the Town would like to regulate
and has resubmitted back to the Cable Company a request for justification for the rate increase. He advised
an analysis of the rate increase could be costly to the Town. He encouraged certification by the FCC.
Ms. Umstattd asked if there was a guarantee that ff the Town did contest this, would the town have absolute
authority to make certain the rates did not go up? Or would it simply be an appeal to the FCC and then be
the final arbitrator.
Richard Herndon, Chairman of the Cable Commission, replied that the FCC has set guidelines. He stated
that he did not know of any consultant that can tell any jurisdiction how much it would cost to regulate cable.
He agreed with Mr. Brown that it could cost as much or as little as the Town wnnts it to. He noted a cost
of living increase would not require the advice of a consultant, but if the percentage of increase were 15% to
25% range, that would be more than a cost of living increase and would require some regulatory authority.
He stated the Town cannot even ask for supporting documentation if it is not certified.
Mayor Clem commented there would be no way to try to protect the citizens from increases if the Town is
not certified.
Mr. Herndon agreed with Mayor Clem. He stated that it would not necessarily be done by the FCC. If
certified the Town could do it by using their guidelines and could require the cable company to roll their
prices back for twelve months preceding the time the Town looks at the figures.
Mr. Brown stated it was the Town Council or who ever the Cable Commission delegates that would make the
final decision.
Mr. Herndon replied that was correct.
Ms. Umstattd stated this came up a few months ago and the Council discussed the pos~n"oility of piggy-backing
onto the County's regulatory authority, which the Town of Herndon does for no charge apparently. The
recommendation of the Cable Commission was that the Town piggy-back and not establish it's own regulatory
authority. She also stated that in last week's Finance Committee meeting she had stated that she did not feel
it was appropriate to vote on this issue before having a cost comparison of the piggy-backing arrangement
versus total Town regulation. She stated that this might be a good idea financially for the citizens of Leesburg
but didn't have any figures proving it yet.
Mayor Clem pointed out that one nice thing about this resolution was that it did not cost anything and the
Town has ample time to get the data that Ms. Umstattd is looking for. He also stated the Town couldn't do
anything if it was not certified.
Mr. Trocino recalled his motion on the floor was to permit the Town to become certified.
Ms. Umstattd stated the only problem she had was that during previous discussions it was stated that the FCC
would not certify unless the Town indicated its intention to regulate and expend some funds in that regard.
She stated she could not support it at this time.
Mr. Herndon added that it was his hope from the beginning that there would be some incorporation of effort
and monies that would help both jurisdictions out when it came to regulation. He also stated that there had
not been any knowledge on the Supervisor's level - but what had been discussed on the staff level would
indicate that this was not going to happen. He thought it was important that the citizens of Leesburg be
protected and do it as quickly as possible. He advised there were more increases coming from the cable
company.
Mr. Atwell mentioned that Council needed to position itself so that it could do what it wants to do. Secondly,
he stated the Town does collect a franchise fee, and if and when it comes time to do some regulating, then
that is why the franchise fee is collected and it should be spent back on behalf of the consumers of the Town,
because that cost is being paid by the consumer. He also stated that Leesburg has been on the leading edge
of cable television in the past and he did not want to sublimate that to anyone else.
Mayor Clem agreed with Mr. AtweH. He stated he would support the resolution.
Steve Lee, asked if the issue of regulation dealt only with rate structure or quality and quantity of service, as
well.
1/11/94 -9-
488
Mr. Brown answered it dealt with services as well. He stated the Town has had some authority to deal with
services through the Cable Commission.
Mr. Lee stated he asked the question because while rate structure is an issue for citizens, increasing quality
and quantity of service was going to become an even greater issue as more alternatives are provided. He-
encouraged a greater effort on the Town's part.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb, and Mayor Clem
Nay: Councilmember Umstattd
MOTION
On motion of Mr. Blake, seconded by Mr. Webb, the following ordinance was proposed and unanimously
adopted.
94-0-4 - AN ORDINANCE: AMENDING THE TOWN CODE TO REVISE PROCEDURES FOR
OPERATING THE TOWN'S DOWNTOWN PARKING FACILrrY
WHEREAS, regulations for the town's 371-space parking facilitywere established by Ordinance 91-0-
19 on June 11, 1991; and
WHEREAS, a local business has requested a discount rate for the purchase of eight spaces:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
Section 10-188 is revised to read as follows:
Section 10-188. Parking fees for spaces rented on a monthly basis.
The parking fees for spaces in the facility permitted on a monthly basis shall be forty dollars ($40.00)
per month for each space. A discount rate of $25.00 per month shall be the fee for the purchase of at least
eieht svaces.
DISCUSSION
Ms. Umstattd asked if the spaces were new spaces that otherwise would not be bought.
Mr. Brown replied they were.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
Mayor Clem stated Ms. Umstattd's earlier comments on a tax reduction were premature, the Council has not
begun budget discussions.
Mr. Atwell concurred with the Mayor's comment.
MOTION
On motion of, and duly seconded, the meeting was adjourned at 9:00 p.m.
Clerk of Coun~ii '
James E. Clem, Mayor
1111/94 -10-