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HomeMy Public PortalAbout1994_02_22 (2)105 TOWN COUNCIL MEETING MINUTES OF FEBRUARY 22, 1994 A regular meeting of the Leesburg Town Council was held on February 22, 1994, at 7:30 p.m. in tho Council Chambers, 25 West Market Street, Leesburg, Virginia. The meetingwas called to order by the Mayor. INVOCATION was given by Councilmember Bange. SALUTE TO THE FLAG was led by Town Manager Steven Brown ROLL CALL Councilmembers present George F. Atwell Georgia W. Bange Ronald W. Blake Joseph R. Trocino Kristen C. Umstattd William F. Webb (absent) Mayor James E. Clem Staff members present Town Manager Steven C. Brown Director of Finance Paul York Deputy Town Manager Peter Stephenson Director of Engineering and Public Works Thomas Mason Public Information Officer Susan Farmer Town Clerk Barbara Messinger Assistant Town Manager for Economic Development James Gahres Deputy Town Attorney Deborah Welsh APPROVAL OF MINUTES On motion of Ms. Umstattd, seconded by Ms. Bange, the regular meeting minutes of February 8, 1994 were approved as written. VOTE Nay: Absent: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, and Mayor Clem None Councilmember Webb PETITIONEI~ Bucky Fields introduced the Market Place and The Leesburg Ordinary and invited everyone to come in for dinner and fresh baked goods. Bob Premack addressed the Town Council regarding the proposed county complex. He read a resolution regarding the Disney proposal. Mayor Clem asked that a date be set to meet with Disney representatives again. Terry Titus, resident of 805 Wage Drive, S.W. complimented Mr. Brown' and the town staff on snow removal during the recent bad weather. He spoke in support of item 10(a), adding Section 2-23 to the Town Code regarding use of a timer. He encouraged adoption of the resolution, however, pointing out that the development community may require additional time. Hubbard Turner thanked the Town Council and staff for the action taken regarding blasting. He stated that as a citizen he has the fight to expect compliance of the State Fire Protection Code. PUBLIC HEARING: To consider the FY 1995-99 Capital Improvements Protram Steve Brown presented a brief staff report. He thanked staff including Nancy Fixx, Paul York, Mary Mack, Peter Stephenson, and the Department Directors for the compilation of an extensive report. Jim Corvella, of 404 South King Street stated "I'd like to stress the importance of including the renovation of streets, sidewalks, curbs, and water drainage, on South King Street. This Council and the previous one made many promises and none of them have ever been fulfilled. It's almost like you're spcakingwith a [orked tongue. We have made many promises about doing work on King Street and not one has been fulfilled. At one time I did write a letter to the Mayor, and he took personal action and had something done to alleviate 106 and eliminate the dangerous hazardous condition." "In this Council of wisdom, for instance, they saw fit to develop Georgetown Park. Unfortunately, that park is not available to most of us civilians because of the vagrants, drunks and street people, who habitually habituate that area. It's a shame that this park has been built and is not being used because of that situation. I have talked to the Police about it, and they say that they can't do anything about the vagrants or homeless people. They don't have the authority. To me, that sounds rather vague, rather innocuous or rather side- stepping the issue, as far as I am concerned." "The situation on King Street is really getting worse. They have removed water meters from the street to put them on sidewalks. I guess the fear that they weren't getting their proper share of the revenue, because they couldn't read the meters because of traffic or something. All they did was horn'bly tear up the streets, keep us awake at night, with cars running over the bumps that they try to fill four, five and six times. They have put mounds on every driveway to keep the water running down King Street, away from our driveways and from inundating our backyards when there is an icy situation like we've had in the last few months. I haven't been able to get my car out of my driveway for weeks because I can't get over the bump because of the ice. If I can get my car out, the county blocks my driveway with the snow removal system. All I'm trying to say is that we needwork on King Street. The promises have been made. No promises have been fulfilled. I have been told that King Street is to be made a walking street - to eliminate heavy traffic and trucks. In fact these trucks are suppose to take the by-pass and not run down King Street. In addition, the thoroughfare is so terrible that at 25 miles an hour, you might as well take off, because there is no one that obeys the 25 mile an hour speed limit, which is another terrible hazard. There are school bus stops and quite a few elderly people that live on the street. You take your life into your hands every time you walk the sidewalks, because there are no curbs and people come very dangerously close to the sidewalks that the pedestrians use. I'm trying to make a passion plea that you do something and put a priority on that part of the CIP for the people that live on King Street and have been made promises over the years." Mr. Sid Lissner, a resident of Browns Meadow, stated "I have carefully read and analyzed the entire CIP. Your proposed spending plan conspicuously omits three needed items. First, a fiscal impact statement; second, an economic and social impact statement; and third, an environmental impact statement. Without showing these consequences, as well as the operating costs associated with the capital expenditures, the CIP is incomplete. Az a business man, I find your CIP fiscally irresponsible. It's the same old tax and spend, borrow and spend. I found almost a million dollars of non-essential spending that could be cut from this proposed CIP in the next fiscal year alone. Your CH) will bring higher taxes and higher water bills without corresponding benefits. Your CH) lacks priorities. This Mayor and the majority of this Town Council have not provided leadership to meet the challenges facing our town. The result is higher debt, higher taxes, and continuing inadequate service. Neighborhoods throughout Leesburg lack adequate street lighting, sidewalks and traffic lights. Our water and sewer bills are simply outrageous." "Your plan calls for massive spending on the town airport, which bleeds $300,000 of red ink a year. Without any demonstrated benefits to the people of Leesburg. It calls for extending the water and sewer system beyond the town limits at the expense of the taxpayers of Leesburg. That certainly does not benefit the people of Leesburg. This CH) calls for non-essential spending at Ida Lee Recreation Center, which requires huge subsidies, despite high admission fees. You and your predecessors have given our town the highest debt of any town in Virginia. Your CH) would saddle Leesburg with even more debt. It's clear who would pay - the taxpayers of Leesburg. It's just as clear that the people of Leesburg would not benefit as much as they should for 45 million dollars in capital spending over the next five years. The taxpayers of Leesburg can no longer afford your radical ways. The town government can no longer do business as usual. It's time for new thinking and a fiscally responsible capital improvement plan." Mayor Clem You say you found over a million dollars that we could save? Mr'. Lissner Yes I did. Mayor Clem Would you like to share that with us? Mr. Lissner Is this the formum for doing that? Mayor Clem No, but please send it in. Mr. Lissner I'd be happy to. Ma_yore. Clem stated "that's the one thing this council has taken pride in is trying to save money." Mr. Lissner "You'll have it in the next few days." Paul Ben,ton of 109 Loudoun Street, S.W., stated "I have spent about two days looking at the CIP. I think it's a good proposal. I have lived in this town and county for about 30 years and I have always prided myself in coming into town and seeing the improvements and things that other people notice. You have had a Town Plan, a Master Plan for storm drainage and utilities, airport plans, etc., for years. All that this plan does is 107 to implement some of those things that have been listed in those town planning documents. That's how it should be. I have looked at street improvements, the widening projects and they are safety features that are basically needed in this town. The improvements in storm drainage/utilities- you expect the proper pressure when you turn your tap on. Delaying these types of improvements sooner or later catches up with you. I would like to give one example· We all go to Washington once in a while, and you don't have to go to the mall area or around Capital Hill but go to some of the other areas of the District and see the shortages of improvements - the water mains breaking this winter. The streets are in terrible condition. I think Leesburg has something to be proud of. That's one reason to keep up with this kind of work." gavStated "I haven't read the capital improvement budget but I share some of the feelings e. Most of the things that are going on with the town I see are pretty good. My one · I think that it is a bottomless pit. I think there are other things in town that we should add of priority - like widening Catoctin Circle at the fire/rescue area. That traffic converges into one lane and nobody pays any attention. Route 15 South at Country Club is an absolute disaster area. I know you added the left turn lane but right now the paint is scraped off and people are coming over the hill northbound in that lane. Anybody turning left out of Country Club onto Route 15, expecting that lane to be free and it's not. Tractor trailers going south on 15 have used that lane to pass and there is double stripe there· The only way you're ever going to solve the problem there is to install a traffic light. That's the only way. I see the cops out there· They are giving tickets, but that doesn't stop them. Something has got to be done to slow down  the traffic on 15. And I take it, that the the increase is size of the watermain on Country Club, is included in this year's budget?" Mr. Brown stated that there are a lot of improvements in here for the western pressure zone and I believe that's one of them· Mr. Turner stated that he did not have any concern this year about the budget. I think my water bill is too high. My water bill in September of last year was $400. I don't think we should be paying those prices with the amount of water that is available right now. There are some things that we have to do that you plan on developers doing but they must should be done for safety reasons and should not be delayed·" Mr. Larry Barnett stated "I am speaking for everyone that lives along the town branch in Leesburg. At one time about 8 years ago it was brought up to date, improved and widened, but now it's outdated again, and I have been there 17 years and I would like to say that one year won't really matter that much but I'm afraid it could at any time. The water keeps getting closer and closer and closer to getting in my basement. And I'm not the only one. If it gets in my basement, it's going to get into a lot of other peoples' basements so if there is anything that you aH are trying to set aside for a later date, please don't make that one of them. Mr. Larry Frost of 410 South King Street stated "I am here on behalf of South King Street and people that live there. I have been quite concerned for several years about the traffic and the problems that go along with the drainage, and the sidewalks. I understand there have been some promises made that haven't been kept. I understand there is a movement now to keep those promises. I would hope that is done. If you have been on South King Street at the peak of the hill from where I live, you will see an awful lot of water draining from the ice and snow and a lot of other people's water draining off into the street with silt. That's a bad example of a town caring, because if you don't take care of a main artery, that is visible to the people coming in and out of town, plus the people that live there - that is a bad example. Not caring if the drainage that goes into people's basements which I understand a lot of people have had that. That's not understanding people's problems. That's avoiding them. If there's any taxes that go away from that to something else, I'd like to have an explanation as to why those taxes that go somewhere is more important than for us. At this point, I hope that everybody will understand that we need this and we need it bad." Mayor Clem closed the public hearing. Mr. Atwell requested that the Finance Committee begin at 4:00 p.m. on Thursday. COUNCILMEMBER COMMENTS Mr. Trocino reported that the Tree Ordinance Committee met for the first two times, this week. They are amalgamating the town's ordinance dealing with tree preservation and tree enhancement. He announced the opening of 21 new businesses in Leesburg. Mr. Trocino thanked Steve Brown and Peter Stephenson for representing the Town at the Virginia Municipal League Day in Richmond. He commended Doug Taylor for his work regarding the DARE program, and also the Police Department for their assistance concerning the recent chemical spill. Ms. Umstattd echoed Mr. Trocino's comments about the DARE program. She mentioned one of the graduates was the daughter of a speaker tonight - Sarah Lissner. She stated that she had spoken with Sgt. Granzoe, an explorer scout involved with the Leesburg Police Department. The Sergeant was very 108 complimentary of the Police Department and particularly Officer Taylor. Ms. Umstattd stated that she was still baffled that the county complex issue was before the council again. She thought once again the county was putting the town in an untenable position. Ms. Umstattd stated they seem to be very good at doing that. She stated the county wanted to know what kind of financial assistance, including possible land acquisition, the town was willing to offer to the county. Ms. Umstattd was still strongly opposed to the town taxpayers subsidizing the county on a project. She didn't think the residents of Ashburn or Sterling would tolerate being put in a special higher tax district if a county complex were built there, and she didn't think the town residents should have to bear the burden of higher taxes in order to subsidize a county project. Mr. Blake spoke in reference to the traffic problems during the chemical spill saying he was appalled by the apparent lack of a plan to handle traffic under that type of situation. He stated there appeared to be no real emergency plan. Mr. Blake thought there was an over reaction by the fire department in reference to the so called hazardous material the truck was hauling. He was not sure that Nitric Acid was that hazardous a material under that type of circumstance. Mr. Blake stated that traffic has to be considered in the same vein as the accident itself. Mr. Blake commented on the amount of fire equipment that responded to a house fire on Dry Mill Road recently. He thought it was uncalled for to have so much equipment present at a fire and stated that it needed to be researched by the Fire Department and by the Police Department. Mr. Atwell repeated comments he made at the Administration and Public Works Committee meeting about the check presented to Council by Mr. Caulkins in the amount of $1,125 which closed out the Leesburg Renaissance account. He considered this to be more evidence that Leesburg Renaissance served the purpose it was intended to serve while in operation. Ms. Ban_~e attended the Parks and Recreation meeting on Saturday, February 19th. She reported that the Picnic Pavilion was well under construction. She announced that a grant had been received to plant 50 trees as a buffer between the library and the picnic pavilion. Ms. Bange stated that the Little League has offered to assist with the cost of construction of ball fields at Ida Lee Park. She gave a lot of credit to the Parks and Rec people for applying for grants and obtaining funding for improvements. Ms. Bange spoke in reference to the by-pass incident of last week suggesting a joint workshop with the county to update everyone on how the town would fit into the county's disaster plan. MAYOR'S REPORT Mayor Clem attended the 25th Blue & Gold Dinner with the Cub Scouts on February 18th. He congratulated each and everyone of them for being recipients of all the awards presented at the dinner. MANAGER'S REPORT Mr. Brown highlighted the Activity Report. He thanked the Street Department for their efforts during the last recent snow/ice fall. Mr. Brown thanked the citizens that appeared before the Town Council and the Planning Commission for their input on the CIP. LEGISLATION lO.(a) On motion of Mr. Blake, seconded by Ms. Bange, the following ordinance was proposed and adopted. 94-0-5 - AN ORDINANCE: ADDING SECTION 2-27 TO THE TOWN CODE REGARDING USE OF A TIMER WHEREAS, the Town Council wishes to regulate the time petitioners speak to ensure that all receive an equitable opportunity to express their opinion before the Town Council; and WHEREAS, Section 2-7 of the Town's Charter states that ~The Council may by ordinance adopt such rules as it may deem proper for the regulation of its proceedings..."; and WHEREAS, the Town Council wishes to use a timing device to ensure that all speakers have an 2/22/94 -4- 109 O opportunity to speak. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: Section 2-23 of the Town Code shall hereby read as follows. Section 2.23. Time limits for speakers. The Chair shall at the beginning of each meeting, have the authority to establish a time limit of five minutes for each petitioner or speaker, whether speaking as an individual or as representin~ any croup or organization. Any member of the Council may appeal the rulin~ and overturn the time limit by a mo-thirds vote of the members present without debate. This rule shall further apply to all meetings of committees, boards, and commissions appointed by the Council DISCUSSION Ms. Umstattd valued the Town of Leesburg being a small town. She cherished the ability of all citizens to come before the Council and express their concerns even if it took longer than five minutes. While she respected those who wanted to limit debate she did not consider the Town to be in the same position the county was, referencing populations. Ms. Umstattd stated she would vote against the issue. Ms. Bange did not see the issue as mandatory. She saw it as an act of common courtesy to give everyone an opportunity to speak. Mr. Blake addressed the need to limit speakers to five minutes. He supported the issue. Mr. Clem stressed the importance of everyone having the opportunity to speak. He supported the issue. VOTE Nay: Absent: lO.(b) DISCUSSION Councilmembers Atwell, Bange, Blake, Trocino, and Mayor Clem Councilmember Umstattd Councilmember Webb Mr. Atwell added that the Economic Development Commission had been meeting more often than once a month. He considered this to be a perfect example of pay for performance. Ms. Umstattd commented that some members serve as liaisons. She recommended that if they attend those other meetings they should be compensated for that. Mr. Brown responded there was a clause including a $600 limit per year. He noted there were slots on some of the commissions where additional responsibilities were required. Ms. Umstattd asked if this item should be taken back to committee. This item was referred to the Administration and Public Works Committee meeting of March 1, 1994. lO.(c).(d).(e) MOTION On motion of Ms. Umstattd, seconded by Ms. Bange, the following items were proposed as consent and adopted. 94-33 - A RESOLUTION: APPROVING THE VACATION OF SIGHT DISTANCE EASEMENTS IN SECTION 10 OF THE EXETER PLANNED DEVELOPMENT, TAX MAP 48T ((11)) PARCELS O, M AND LOT 66 WHEREAS, the Town desires to assign portion of the sight distance easements to the Homeowners Association across the lands of John A. and Susan Coates and vacate portions of the sight distance easements within Parcels O and M; and WHEREAS, the easements being vacated are within the common par-king court and open space of Exeter, Section 10 which is maintained by the Exeter Homeowners Association; and WHEREAS, the Town does not desire to regulate clear sight distance easements within privately owned and maintained parking courts and open space; 110 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The vacation and reassignment of the sight distance easements as shown on Plat #RPB-179-LC prepared by Dewberry and Davis, dated January 18, 1994 is hereby approved. 94-34 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN EXETER SECTION 5 WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Exeter Section 5 and certified that the value of work performed is $85,919.00; and WHEREAS, a corporate surety bond form the American Motorist Insurance Company in the current amount of $429,006.00 has been provided by the developer and approved by the Council to guarantee installation of public improvements for Exeter Section 5; and WHEREAS, the performance guarantee for Exeter Section 5 was reduced to $429,006.00 from the initial amount of $1,715,436.00 by Resolutions 91-196, 92-37, 92-120 and 92-245. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from the American Motorist Insurance Company in the current amount of $429,006.00 is reduced to $343,087.00. 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 Exeter Section 5. 94-35 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR PAXTON SUBDIVISION SECTION 2 WHEREAS, Paxton Development Company, the developer of Paxton Subdivision Section 2, has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two year period agreed to in the contract for public improvements; and WHEREAS, the developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, a letter of credit in the amount of $37,593.32 from F & M Bank - Winchester was provided by the developer to guarantee the installation of public improvements for Paxton Subdivision Section 2; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $37,593.32 to guarantee installation of the remaining public improvements for Paxton Subdivision Section 2. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension of one (1) year for the installation of public improvements is hereby approved for Paxton Subdivision Section 2. SECTION II. The letter of credit from F & M Bank - Winchester in the amount of $37,593.32 is approved to guarantee the installation of public improvements for Paxton Subdivision Section 2. VOTE Aye: Nay: Absent: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, and Mayor Clem None Councilmember Webb lO.(0 MOTION On motior~ of Mr. Blake, seconded by Mr. Trocino, the following resolution was proposed and adopted. 94-36 - AMENDING TOWN OF LEESBURG RESOLUTION NO. 93-167 AUTHORIZING AN AMENDMENT OF THE AIRPORT LAND LEASE BETWEEN THE TOWN OF LEESBURG AND AEROVEST, INC. 2/22/94 -6- 111 WHEREAS, on August 10, 1993, the Town Council authorized an amendment of the airport land lease between the Town of Leesburg and Aerovest, lnc, to allow Aerovest a four year extension to construct additional hangar and office space, via the adoption of Resolution No. 93-167; and WHEREAS, this lease amendment as authorized was prepared for execution; and WHEREAS, Aerovest paid to the town the requiredcompensation for the first year of the above lease extension; however, an additional amendment of the lease was requested prior to formal execution of the lease; and WHEREAS, the additional proposed amendment regards Article III, Section 1 which provides for a complex calculation of potential additional rent commencing January 1, 1994; and WHE~, in lieu of this calculation, a set annual amount of $25.00 for the balance of the lease term is recommended by Aerovest, staff and the Airport Commission. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Resolution No. 93-167 is hereby amended to allow the modification of Article III, Section 1 of the Aerovest lease to replace the existing formula with a set annual amount of $25.00 for the balance of the lease period. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, and Mayor Clem Nay: None Absent: Councilmember Webb NEW BUSINESS Mr. Brown and Mr. Stephenson presented the staff report. DISCUSSION Mr. Trocino asked if action had been taken to prevent another power surge from further damaging the new communications system. Mr. Stephenson responded the new system would include surge protection. MOTION On motion of Ms. Bange, seconded by Mr. Blake, the following resolution was proposed and adopted. 94-37 - A RESOLUTION: MAKING A SPECIAL APPROPRIATION FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND INTO THE AIRPORT FUND FOR NEEDED AIRPORT COMMUNICATIONS SYSTEM EQUIPMENT WHEREAS, the Town of Leesburg acquired used communications equipment from Janelle Aviation, Inc. in January, 1993, upon taking over daily management and operations of the Leesburg Municipal Airport; and WHEREAS, this communication equipment has completed its useful life with the town and is in immediate need of replacement, as it is more cost effective to replace this used equipment with new equipment rather than repair the present equipment; and WHEREAS, adequate communication system equipment is critical to the safe and efficient operation of the Leesburg Municipal Airport; and WHEREAS, an appropriation from the unappropriated fund balance of the General Fund into the Airport Fund is required as these are emergency, un-budgeted expenses: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A special appropriation from the unappropriated fund balance of the General Fund into the Airport Fund contractual services line item account #600.6000.300.300 is hereby authorized in the amount of $4,870.00 for the following equipment: replacement telephone system ($3,780.00), replacement base station airport frequency two-way radio ($690.00), and a new town frequency two-way radio hand-held unit ($400.00). Any insurance claim received from the damaged telephone system shall be returned to the unappropriated fund balance. 2/22/94 -7- 112 DISCUSSION Ms. Umstattd asked what the $3,780 included. Mr. Stephenson reviewed the memo included in the agenda listing the items to be purchased. Mayor Clem asked how many bids had been received. Mr. Stephenson replied two bids had been received. Ms. Umstattd asked if it would be cheaper to go to an AT&T store and buy the phones. The cost per phone in the proposal looked to be about $260 each. Mr. Blake stated the cost included a surge protector. Ms. Umstattd asked that Mr. Stephenson break down the cost of that particular surge protector. Mr. Stephenson explained the phone system. Mr. Blake reenforced the need for the new system. Mayor Clem asked how well the system was working at Ida Lee. Mr. Brown stated there were no complaints. They recommended Global. Ms. Ban~e supported the issue. Mr. Trocino asked for the status of the insurance claim. Mr. Brown responded there had been no reply yet, but any money recovered would be returned to the General Fund. Mr. Atwell suggested the overrid/ng issue was the efficiency and function of the airport, and there was a safety factor involved by not having an operating telephone system that meets the requirements of what goes on at the airport and even though the cash register may not bring in as much as would be liked, there is an overriding institutional and economic advantage to what the Council was trying to do here, and he called for the question. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, and Mayor Clem Nay: None Absent: Councihnember Webb MOTION On motion of, and duly seconded, the meeting was adjourned at 9:00 p.m. c/James. E. Clem Mayor Clerk of Council'