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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. 1/11/94 -2- 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. 1/11/94 -6- 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) 1/11/94 -7- 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. 1/11/94 -8- 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-