HomeMy Public PortalAbout1994_06_14 (2)309
TOWN COUNCIL MEETING MINUTES OF JUNE 14, 1994
A regular meeting of the Leesburg Town Council was held on June 14, 1994, at 7:30 p.m. in the
Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by the Mayor.
INVOCA'rION was given by Councilmember Bange.
SALUTE TO THE FLAG was led by Town Clerk Barbara Messinger
ROLL CALL
Councilmembers present
George F. Atwell
Georgia W. Bange
Ronald W. Blake (absent)
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem
Staff members present
Town Manager Steven C. Brown
Director of Engineering and Public Works Thomas A. Mason
Director of Parks and Recreation Gary Huff
Assistant Director of Recreation Terrie Simmers
Parks Coordinator John Johnston
Assistant Town Manager for Economic Development James Gahres
Director of Planning, Zoning and Development Michael Tompkins
Zoning Administrator Scott Johnson
Town Planner Marilee Seigfried
Town Attorney George Martin
Town Clerk Barbara Messinger
APPROVAL OF M1NUTES
On motion of Mr. Webb, seconded by Ms. Umstattd, the special meeting minutes of May 24, 1994, and regular
meeting minutes of May 24, 1994 were approved as written. Special meeting minutes of May 25, 1994, and
May 31, 1994 were approved as corrected by Councilmember Trocino.
VOTE
Aye:
Nay:
Absent:
Councilmembers Atweil, Bange, Trocino, Umstattd, Webb, and Mayor Clem
None
Councilmember Blake
CERTIFICATES OF APPRECIATION
Councilmember Trocino presented a Certificate of Appreciation to Wendall T. Fisher.
RESOLUTIONS OF RESPECT
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the following Resolution of Respect was proposed and
adopted.
RESOLUTION OF RESPECT
Philip Ashlin May
WHEREAS, Philip Ashlin May, the only son of Leesburg area resident and Virginia Delegate Joe
T. May, died May 21 at the age of 26 following a motorcycle racing accident; and
WHEREAS, Philip May was a graduate of Loudoun County High School and Virginia Polytechnic
Institute and State University; and
WHEREAS, Philip May was employed as a marketing representative for his father's company, EIT,
in Sterling; and
WHEREAS, Philip May and his father were fans of both motorcycle and sports car racing and had
enjoyed many racing events together over the years.
310
THEREFORE, RESOLVED that the Mayor and members of Council of the Town of Leesburg in
Virginia extend their sympathy to Mr. May's 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, Samantha Bennett May, and parents, Del. and Mrs. Joe T. May.
VOTE
Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
Absent: Councilmember Blake
MOTION
On motion of Ms. Bange, seconded by Ms. Umstattd, the following Resolution of Respect was proposed and
adopted.
RESOLUTION OF RESPECT
Veterans from Bedford, Virginia,
Who Lost Their Lives on D-Day, June 6, 1944
WHEREAS, the City of Bedford, Virginia, lost 23 young men in Normandy, France, on D-Day during
World War II; and
WHEREAS, Bedford lost more men per capita than any other town in the United States; and
WHEREAS, the magnitude of the loss prompted the United States military to cease its practice of
forming units of soldiers from a single community; and
WHEREAS, Bedford is commemorating the 50th anniversary of World War II and remembering
those who sacrificed their lives; and
WHEREAS, Leesburg, as an official World War II Commemorative Community, would like to honor
the citizens of Bedford and express its sympathy to the families of the fallen soldiers.
THEREFORE, RESOLVED that the Mayor and members of Council of the Town of Leesburg in
Virginia extend their sympathy to the families of those who gave their lives for their country on D-Day June
6, 1944; 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 the City Council of the City of Bedford, Virginia.
VOTE
Nay:
Absent:
Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem
None
Councilmember Blake
PETITIONERS
John Tolbert and John Johnston presented the Environmental Advisory Commission Annual Awards.
Carol Koeneke, representing the Ad Hoc Tree Committee, presented a video and summary report.
Mr. Trocino encouraged the Town Council to work towards formation of a tree commission.
Frank Glover commended the Town Council and tree committee for their efforts. He believed the town had
the unanimous support of area residents to plant trees along Tuscarora Creek at Harrison Street.
Heidi Malacarne commended the tree committee for their fine work. She suggested implementing
horticultural ideas into the EAC and considers it important to make the EAC a truly environmental
commission to include members with expertise in the fields of science, environmental education, .soils, etc.
Ms. Malacarne pointed out clear cutting that has been done in. the Kincaid Forest development. She asked
the Council to intervene now with developers to encourage preservation of trees.
James Bates., a resident of 122 Paddington Way, was pleasedwith the tree committee Report. He encouraged
the Council to act on it quickly.
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Woody Turner, representing the Loudoun Hospital Center, addressed the Council stating that while the
hospital is leaving town, the building itself is going to stay and is a valuable resource to Leesburg and the
hospital. He encouraged working together to solve problems on the Cornwall Street Task Force. He invited
the Council to attend a meeting on July 21, 1994 and encouraged continued dialogue.
Jeff Lambert, representing the 1st Virginia Regiment, announced a reenactment will be held at Ida Lee Park
on October 22 and 23, 1994.
Paul Draisey announced the upcoming Rodeo Festival to be held on September 10 and 11, 1994 at Ida Lee
Park.
Rick DeGorder & Bob Knopf, gave a presentation regarding the county complex. They recommended
Leesburg Corner as the best site in the Town of Leesburg.
Templar Titus spoke about the proposed flight pattern change at Leesburg Airport. He suggested elevating
this issue to the Town Council at an appropriate time before voting.
Steve Brown stated that the Airport Commission plans to schedule a public hearing.
Jewel Emswiller introduced two young ladies from Japan and Brazil who have been sponsored by the
Daybreak Rotary International Club.
COUNCILMEMBER COMMENTS
Mr. Webb reported on a public cable meeting on June 13 which he attended.
Mr. Webb requested that staff study traffic conditions at South King Street and Governors Drive, and also
Edwards Ferry Road and Plaza Street, in order to request state funding.
Ms. Umstattd mentioned the possibility of the Town of Leesburg hosting next year's Northern Virginia
Planning District Commission meeting, and asked Jim Gahres to work on it.
Mr. Trocino attended the VML meeting on June 16, 1994.
He announced he would present a Resolution of Respect to the City Council of Bedford, Virginia on June
28, 1994.
He requested support from the Town Council in July regarding enhanced town status.
Mr. Trocino stated the WWII Committee met on June 6, 1994. He commended them for their hard work.
He stated the tree committee remarks were well taken and expressed the importance of such a committee.
Mr. Trocino asked that there be an open door to the Loudoun Hospital Center issue.
Mr. Trocino requested a brief report on the redesign of the Edwards Ferry Road project at the June 21
Administration and Public Works Committee meeting.
Mr. Atwell had no comment.
Ms. Bange attended the Parks and Recreation Commission meeting June 11, 1994 and was gratified to hear
that attendance is up at Ida Lee Park.
MAYOR'S REPORT
Mayor Clem thanked the tree committee for their report. He suggested working with Senator Waddell and
Mr. May to put some "teeth" into the ordinance.
He attended the first Balch Library Commission meeting on June 13.
MANAGER'S REPORT
Mr. Brown summarized the Activity Report.
He announced Sunday June 19 would be the first Inaugural Bluemont Concert Series.
Mr. Brown stated there will be no increase in Town of Leesburg business license fees in the near future.
LEGISLATION
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lO.(a)
MOTION
On motion of Ms. Bange, seconded by Mr. Webb, the following ordinance was proposed and adopted.
94-0-18 -AN ORDINANCE: AMENDING CHAPTER 8 OF THE LEESBURG TOWN CODE TO
PROVIDE FOR THE FREE UNLIMITED COLLECTION OF BULK TREE TRIMMINGS,
BUSHES AND BRUSH, ESTABLISHING A DAY OF THE WEEK FOR COLLECTION AND
REESTABLISHING THE "BRUSH LIST'
WHEREAS, The Town of Leesburg is required under the 1950 Code of Virginia, as amended, to
achieve a recycling rate of 15 percent by December 31, 1993, and a recycling rate of 25 percent by December
31, 1995; and
WHEREAS, the town can make a significant contribution toward achieving its recycling objectives
and can improve the level of service provided to town citizens by providing unlimited collection and recycling
of bulk tree trimmings, bushes, and brush; and
WHEREAS, the FY 95 Budget and Staffing Plan authorized funds for the personnel and equipment
necessary to have the town provide for the unlimited collection of bulk tree trimmings, bushes and brush; and
WHEREAS, town personnel will collect bulk tree trimmings, bushes, and brush collection with a
maximum diameter of six inches from town citizens requesting this service; and
WHEREAS, the town refuse collection contractor will continue to collect on recycling day any tree
trimmings, bushes, and brush and yard waste placed in approved containers and set out with other recyclable
materials.
THEREFORE, ORDAINED by the Council of the Town of Leesburg, as follows:
SECTION I. Sec. 8-1. Purpose of chapter.
The purpose of this chapter is to provide regulations for the effective storage, collection, recycling,
and disposal of garbage and refuse in a sanitary manner in the town.
SECTION II. Sec. 8-2. Administration of chapter.
The municipal manager is hereby delegated the authority to administer this chapter and is authorized
to establish such reasonable rules and regulations as are needed to administer this chapter.
SECTION III. Sec. 8-3. Violations of chapter.
Except as othenvise provided, any person who violates any provision of this chapter, by doing any act
prohibited or declared to be unlawful, or who fails to do any act required by any such provision, or who fails
to do any act when such provision declares such failure to be unlawful, upon conviction thereof, shall be fined
not less than $10.00 nor more than $35.00 for each offense. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
SECTION IV. Sec. 8-4. Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively
ascribed to them by this section:
Garbage: Wastes resulting from the handling, preparation, Cooking and consumption of food
and wastes from the handling, storage and sale of produce.
Municipal collectors: Persons employed by the town, or the contracted agent for the town,
engaged in the collection and transportation of refuse, garbage, and recyclable materials.
Private collectors: Persons engaged in the collection and transportation of refuse and garbage
from commercial, industrial, institutional or other establishments for compensation, not
including the collector contracted by the town.
Recyclable Material: Those commodities which, having served their original purpose, have
physical or chemical properties that allow them to be transformed into new products, and are
designated by the town to be separated and collected on a schedule as designated by the
town.
!
Refuse: Combustible trasa, including, but not limited to, paper, cartons, boxes, barrels, wood,
excelsior, tree branches and yard trimmings; noncombustible trash, including, but not limited
to, metals, tin cans, glass, crockery and other mineral waste; and street rubbish, including but
not limited to, street sweepings, dirt, leaves, catch-basin dirt and the contents of litter
receptacles. "Refuse" shall also mean furniture, springs, mattresses, stoves, ranges,
refrigerators, dishwashers, dryers, tires, water heaters, toys, porcelain, carpeting tied in
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bundles of not more than three square feet cross-sectional area, whole christmas trees and
similar household commercial and institutional wastes. "Refuse" shall not include earth and
wastes from building operations, nor shall it include solid wastes resulting from industrial
processes and manufacturing operations.
Storage area: An enclosed area on private property of a commercial, industrial, institutional
or other establishment used for the storage of garbage or refuse.
SECTION V. Sec. 8-$. Container requirements for residences.
(a) Refuse and garbage from residences shah be stored in containers approved by the
municipal manager, equipped with handles and tight-fitting covers. Non-recyclable refuse
may be placed in plastic bags.
(b) Approved containers required by this section shah have a maximum gross weight of 75
pounds, when placed for collection. Plastic bags, when placed for collection, shall not be
filled to such a weight that they will break or allow spillage during the collection process, and
shah be tightly secured at the top.
SECTION VI Sec. 8-6. Containers and storage areas for commercial establishments.
(a) Each commercial establishment shall be equipped with adequate refuse containers or
storage areas. All containers, except those for storage of bulky refuse, shah be vermin and
waterproof, of noncorrosive material and equipped with tight lids which shall be kept closed
at aH times, except when filling or emptying the container. Such containers and storage areas
shall be emptied regularly and cleaned sufficiently often to keep them free of obnoxious
odors and vermin.
(b) All storage areas shah be enclosed by adequate walls or opaque fencing and shall be well
drained and fully accessible to collection equipment and to public health and fire inspection
personnel. Such areas shall be maintained so as to protect refuse from dispersal by wind or
otherwise, and must be kept free of litter and refuse overflow.
SECTION VII. Sec. 8-7. Municipal collection generally.
(a) All refuse and garbage placed in accordance with subsection 8-16(a) shah be collected
by the municipal collector if prepared for collection as required by this chapter. Commercial
and condominium garbage and refuse containerized collection service shall be provided by
the municipal collector under the following conditions:
Where a business elects to purchase containerized garbage and refuse
collection service from the municipal collector in lieu of regular curbside
municipal collection, the town shah make a monthly payment to the
municipal collector in an amount equal to the regular commercial curbside
charge. The municipal collector's charge for containerized collection to the
business shall be reduced by the town's monthly payment.
(2)
Where a combination of businesses use one or more containers and the total
charge by the municipal collector results in a monthly fee less than the
combined total of the municipal collector's regular curbside commercial
collection fee per business, the town shall pay the full monthly price for the
container or containers directly to the municipal collector. If the container
service charges are higher than the aggregate of the regular curbside
collection charges, the town shall pay the curbside rate per business to the
municipal collector who shall reduce its charges for the container or
containers by an equal amount.
(3)
Where residentialcondominiums include limited public frontage which make
curbside collection impractical, the town shall require the municipal collector
to collect garbage and refuse from containers furnished by the municipal
collectors. The town shall pay the full applicable container service price set
out in the then current contract between the town and the municipal
collector.
(4)
The town reserves the right to establish and/or approve the container size,
frequency and number of collections for all business and condominium usage
subsidized by the town.
(b) The town manager or some other officer designated by him shah have charge of the
collection of garbage and refuse within the municipality.
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SECTION VIII. Sec. 8-8. Reserved.
SECTION IX. Sec. 8-9. Requirements for collection vehicles.
All vehicles used in the collection of refuse shah be kept and maintained in a clean and sanitary
condition, and shah be constructed, maintained and operated as to prevent spillage of the type of refuse to
be transported therein. All vehicles used in the collection of garbage or combined refuse shah be constructed
and maintained with watertight bodies and with covers of metallic or other rigid, impervious material, or, in
the alternative, the entire bodies thereof shall be enclosed, with only loading hoppers exposed. Special
vehicles used in new or experimentalmethods of refuse collection may be permitted by the municipal manager,
when such permit is in writing.
SECTION X. Sec. 8-10. Reserved.
SECTION XI. Sec. 8-11. Preparation of tree trimmings, bushes and brush for collection.
Tree trimmings, bushes, and brush, excluding those produced by commercial trimming of trees and
bushes, ~"'~ i;fl~;,,~,.i ,,-, ,ho, ,=,hi,~h ,-~ 1-, ...... h~,4 with a maximum diameter of oa~-aod-oa~h;~ six inches,
.................o~.4 ~,.,~u .... ,4 ~. .... ~' will be pigke, d-~ collected weekly by the municipal collector~ ~, ..... .............. ;.4.~,4 ,.he3 .... ,;o,4
SECTION XII. Sec. 8-12. Collection schedule.
(a) Refuse and garbage will be collected by the municipality once per week from residential
properties on the following schedule:
(1)
Monday: Collection from residential properties fronting on King Street and
properties to the west of King Street.
(2) Tuesday: Collection from residential properties to the east of King Street.
(b) Recyclable materials will be collected by the municipality once per week from residential
properties on the following schedule:
Tuesday: Collection of bulk tree trimmings, bushes and brush townwide.
The municipal office shall be notified no later than 4:00
P.M. on Monday of each week to arrange for the collection
of such materials each Tuesday.
Thursday: Collection from residential properties fronting on King Street
and properties to the west of King Street.
(-2.) (3) Friday: Collection from residential properties to the east of King Street.
(c) Garbage and refuse will be collected by the municipality from all commercial properties on
Tuesday, Thursday and Saturday of each week.
(d) No garbage and refuse collection will be scheduled for Sundays or the following holidays: New
Years, Memorial Day, July 4th, Thanksgiving and Christmas.
(e) When weather conditions prevent the collection of garbage and refuse or when a regularly
scheduled day falls on a holiday specified above, collection will be made on the next day.
SECTION XIII. Sec. 8-13. Special collections for large items.
For collection of, large items of refuse such as barrels, wood, stoves, ranges, refrigerators, dishwashers,
dryers, tires and water heaters, excluding any items listed under Section 18 hereof, the municipal office shall
be notified no later than 4:00 p.m. on Friday of each week, so that a special pickup may be arranged for a day
of the following week to be designated by the manager. A separate charge, to be established by the municipal
manager, will be made for each such special collection, provided that regular refuse collection service to any
residence or commercial establishment for which such special collection is performed will be suspended if
payment therefor is not made within 30 days of receipt of invoice for such collection.
SECTION XIV. Sec. 8-14. Special collections for spring and fall clean-up.
In the spring and fall of each year, the municipality will sponsor a clean-up and collection period
during which large discarded items, yard litter, and the like will be picked up by the municipal collectors.
Specific dates for such periods shall be set by the municipal manager and advertised through the news media.
No charge will be rendered for this service to residents of the municipality.
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SECTION XV. Section 845. Recycling.
Residents of aH single-family detached and single-family attached (duplex and townhouse) residential
units shah participate in the town-wide curbside recycling of recyclable materials. Recyclable materials
be picked up at curbside and shah be placed at the curb, between 4 p.m. on the day preceding collection and
6 a.m. on the morning of collection, in approved containers, separate from other refuse. Newspapers shah
be securely tied in bundles or placed in paper bags. Grass clippings shah be placed in approved containers
equipped with handles for lifting and tightly-fitting lids, not exceeding 75 pounds in gross weight.
There shall be no charge to the town residents required to participate in this program, for this
additional service. All other town residents and businesses, not included in this program or covered under
a separate recycling contract with a private collector, should continue to utilize recycling drop-off centers to
dispose of recyclable materials.
SECTION XVI. Sec. 8-16. Points of collection.
(a) All refuse and garbage to be collected by the municipal collectors shah be placed out-of-doors
immediately behind the curbline (in case no curbing is present, at least three feet away from the edge of the
pavement) at a location easily accessible to the collector. At no time will any refuse or garbage or its
containers be placed on pavement used for vehicular traffic or on the sidewalk or on any other portion of a
street where it will impede vehicular or pedestrian traffic. All refuse and garbage from the same property shah
be placed at the same point of collection.
(b) Collection may be made from points other than prescribed above in areas where the general
health, welfare and safety of the municipality is best protected, but only upon written request by the property
owner or tenants and approval by the municipal manager. The municipality retains the right to refuse, revise
or alter such requests at any time.
(c) No municipal collector will be permitted to enter garages, carports, porches, basements or other
buildings for the purpose of collecting garbage and refuse.
(d) The municipality reserves the right to designate the point of collection at all locations.
SECTION XVII. Section 8-17. Placement for collection; removal of containers after collection.
(a) All garbage and refuse shah be placed at the point of collection by 4:00 a.m. of the day of
collection, but not before 4:00 p.m. of the day prior to collection.
(b) Garbage and refuse containers shall not be placed, left or stored upon any sidewalk, street, alley
or public place, except where specifically permitted by this chapter, and shall be removed from the curbline
within twelve hours after collection and stored behind the front line of the building.
SECTION XVIII. Section 8-18. Materials not acceptable for collection.
The following materials will not be acceptable for collection by the town: Poisons, acids, caustics,
explosives and other dangerous material, soil, rocks, stumps and other material substances that may
accumulate as the result of construction or repairs.
SECTION IXX. Section 8-19. Tagging and removal of defective containers.
Defective garbage and refuse containers will be tagged by the town collectors, indicating that they are
no longer suitable for use. These will be removed by the collectors, if left in an upside down position at the
collection point.
SECTION XX. Section 8-20. Unlawful deposits, accumulations or disposal.
(a) It shah be unlawful for any person to deposit any garbage or refuse in any street, alley or public
or private place in the town, except as provided in this chapter.
(b) It shah be unlawful for any person to accumulate or permit to be accumulated any garbage, or
refuse, filth, offal or obnoxious or offensive matter on any property within the town, except in containers or
storage areas meeting the requirements of this chapter.
(c) It shah be unlawful for any person to deposit any refuse in a manner where it may be scattered
by the elements.
(d) It shall be unlawful for any person to dump, destroy or otherwise dispose of any garbage or refuse
anywhere in the town, except as provided by this chapter.
(e) No receptacle for garbage or refuse shah be filled more than level full.
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SECTION XXI. Section 8-21. Removal of dangerous accumulations.
(a) The owners of property in the town shall, at such time or times as the council may prescribe,
remove therefrom any and all trash, garbage, refuse, litter and other substances which might endanger the
health of other residents of the town.
(b) Whenever the council deems it necessary, the town may, after reasonable notice, have trash,
garbage, refuse, litter and other like substances which might endanger the health of other residents of the town
removed by the agents or employees of the town, in which event the cost or expenses thereof shah be
chargeable to and paid by the owners of such property and may be collected by the town as taxes and levies
are collected.
SECTION XXII. Section 8-22. Dumping trash, etc., on highway, right-of-way or private property.
(a) Any person shah be guilty of a misdemeanor who shah dump or otherwise dispose of trash,
garbage, refuse or other unsightly matter, on a public highway, right-of-way, property adjacent to such highway
or right-of-way, or on private property, without the written consent of the owner thereof or his agent.
(b) An officer may comply with the provisions of section 10-21 of the Town Code in making an arrest
for a violation of this section.
(c) Any person convicted of a violation of this section shall be punished as if guilty of a class 1
misdemeanor.
(d) Upon the conviction of any person for a violation of this section, the court may suspend the
imposition of any sentence on conditions that the defendant volunteer his services for such period of time as
the court may designate to remove litter from any town highway or right-of-way.
SECTION XXIII. This ordinance shall be effective July 1, 1994.
VOTE
Nay:
Absent:
Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem
None
Blake
10.(b)
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and adopted.
94-0-19 - AN ORDINANCE: AMENDING SECTION 2.1-2 OF THE TOWN CODE
WHEREAS, all of the terms of office on the Airport Commission expire on the same year; and
WHEREAS, it has been recommended by the Airport Commission and Town Council that the terms
of office of the members of the Airport Commission be staggered:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Sec. 2.1-2. Airport commission created.
The Leesburg Airport Commission consisting of seven members and hereinafter called the
"commission" is created. The council shall appoint all members who shall be residents of the town, for terms
of four years beginning on July 1st for those members whose terms are due to expire on June 30, 1996, as
setforth in Resolution No.94-127 adopted June 14, 1994 '~w the 5'ear ef -vt-~'~'~;'~"~'~"', ..... ..... vt ....... ~ ...... j member
..... ; ..... , ~e t~; .... t;~, ~ appointment to fill a vacan~ shall be for the unexpired term. A member of
~uncil shah be appointed by council as a voting member of the commission for a term be~nning on July 1
of each year in which a general municipal election is held and continuing until June 30 of the next year in
which a general municipal election is held, not to exceed two years.
SECTION II. This ordinance shall be in effect upon its passage.
VOTE
Aye:
Nay:
Absent:
Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem
None
Councilmember Blake
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10.(c)
MOTION
On motion of Mr. Webb, seconded by Mr. Trocino, the following ordinance was proposed and adopted.
94-0-20 -AN ORDINANCE: AMENDING ARTICLE VII COMPENSATION FOR BOARDS AND
COMMISSIONS
ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
Sec. 2-91.3. Balch Library Advisory Commission.
Compensation of members of the town Balch library advisory commission, exclusive of the
councilmanic appointment shall be $600.00 per annum, payable in equal monthly installments.
VOTE
Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
Absent: Councilmember Blake
lO.(d),(e),(O,(~).(h).(i).(i).(k).(I),(m)
MOTION
On motion of Mr. Trocino, seconded by Mr. Webb, thc following resolutions were proposed as consent and
adopted.
94-116 - A RESOLUTION: AUTHORIZING A PUBLIC HEARING OF THE TOWN COUNCIL FOR
AMENDMENT OF THE TOWN CODE SUB-DIVISION AND LAND DEVELOPMENT
REGULATIONS REGARD ING PRELIMINARY PLAT AND PLAN EXTENSIONS AND
DEVELOP-MENT PLAN PROCESSING
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public hearing by the Town Council to consider an amendment to the Town Code
Subdivision and Land Development Regulations regarding preliminary plat and plan extensions and
development plan processing shall be published in Leesburg Today on June 29 and July 6, 1994, for a public
hearing on Tuesday, July 12, 1994, pursuant to Section 15.1-431 of the 1950 Code of Virginia, as amended.
The public hearing shah begin at 7:30 p.m. or as soon thereafter as the matter may be reached, and shah be
held in the Council Chambers of the Municipal Government Center, 25 West Market Street, Leesburg,
Virginia. The clerk shah publish notice of this hearing and the Council intention to consider the ordinance
amendments.
94-117 -A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR MANORS OF
LEESBURG, SECTION 1
WHEREAS, Rivermead Homes, Incorporated, the developer of Manors of Leesburg Section 1, 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 time extension to complete the public improvements; and
WHEREAS, a corporate surety bond in the amount of $215,540.00 from the Seaboard Surety
Company was provided by the developer to guarantee the installation of public improvements in Manors of
Leesburg Section 1.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the Seaboard Surety Company in the amount of
$215,540.00 is approved to guarantee the installation of public improvements in Manors of Leesburg Section
1.
SECTION II. A time extension to January 9, 1995 for completion of the public improvements is
approved.
94-118 -A RESOLUTION:MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLATION IN MANORS OF LEESBURG, SECTION
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WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Manors of Leesburg Section 2 and certified that the value of work
performed exceeds $466,112.59; and
WHEREAS, a corporate surety bond from Seaboard Surety Company in the amount of $582,640.74
has been provided by the developer and approved by the Council to guarantee installation of public
improvements for Manors of Leesburg Section 2.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from Seaboard Surety Company in the amount of
$582,640.72 is reduced by $466,112.59 to $116,528.15.
SECTION II. The Town Manager shall notify the developer that liability for the letter of credit has
been reduced as outlined in Section 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 Manors of Leesburg Section 2.
94-119 -A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
EXETER, SECTION 7
WHEREAS, Pulte Home Corporation, the developer of Exeter Section 7, 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 $1,048,311.00 from Nations Bank (formerly C & S
Sovran Corporation) was provided by the developer to guarantee the installation of public improvements in
Exeter Section 7.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from Nations Bank in the amount of $1,048,311.00 is approved
to guarantee the installation of public improvements in Exeter Section 7.
SECTION II. A time extension to July 16, 1995 for completion of the public improvements is
approved.
94-120 -A RESOLUTION: AUTHORIZING A STREET RESURFACING AND REPAIR PLAN FOR FY
95
WHEREAS, the FY 1995 budget appropriated $260,000.00 for street resurfacing street milling and
concrete repairs; and
WHEREAS, the Director of Engineering and Public Works has recommended specific streets to be
included for work in FY 95 and listed these in a memorandum dated May 13, 1994.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The street resurfacing program outlined in a memorandum to the Council dated May 13, 1994, in the
priority listed, is approved.
94-121 -A RESOLUTION: AWARDING CONTRACTSTO MOUNCEY FERGUSON AND ASSOCIATES
AND DAYDREAM DESIGN FOR THE TOWN'S ADVERTISING AND GRAPHIC
DESIGN WORK
WHEREAS, the Town's newly adopted Strategic Plan for Economic Development calls for the
creation of an annual advertising campaign and development of new promotional materials: and
WHEREAS, the FY 95 Budget includes an appropriation to fund the advertising and graphic design
campaign; and
WHEREAS, a request for proposals was duly advertised and proposals received on May 9, 1994,
pursuant to state and local procurement laws: and
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WHEREAS, finalists were selected by staff and interviewed by a Selection Committee and the
Mouncey Ferguson & Associates and Daydream Design proposal was chosen as the most qualified team for
this work; and
WHEREAS, successful contract negotiations were achieved between the Town and the two firms:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is hereby authorized and directed to execute annual contracts to both Mouncey
Ferguson & Associates and Daydream Design for completion of the Town's advertising and graphic design
work within the authorized appropriations.
94-122 - A RESOLUTION: AMENDING THE FY 95 BUDGET AND MAKING AN APPROPRIATION
FROM THE UNAPPROPRIATED FUND BALANCE TO COMPENSATE THE NEWLY
CREATED BALCH LIBRARY ADVISORY COMMISSION MEMBERS
WHEREAS, The Town Code was amended on May 24, 1994 to create the Balch Library Advisory
Commission; and
WHEREAS, compensation of members of the Balch Library Advisory Commission, exclusive of the
councilmanic appointment shall be $600.00 per annum, payable in equal monthly installments:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
An appropriation is hereby authorized in the amount of $4,800.00 from the unappropriated fund
balance to compensate the members of the Balch Library Advisory Commission for FY 95.
94-123 -A RESOLUTION: AUTHORIZING THE EXECUTION OF A CON-TRACT FOR PROPERTY
AND CASUALTY INSURANCE FOR 1994-95 WITH USF&G AND KEMPER
INSURANCE COMPANIES AS PRO-POSED BY THE AH&T INSURANCE AGENCY
WHEREAS, the Town of Leesburg issued a Request for Proposals (RFP) to insurance providers for
property and casualty insurance coverage on March 9, 1994; and
WHEREAS, six proposals from insurance agencies were received on May 10, 1994; and
WHEREAS, the town's insurance consultant, McNeary Insurance Consulting, Inc., has reviewed and
analyzed the proposals for compliance with the RFP and a copy of their report was provided to the Council
by memorandum dated May 16, 1994; and
WHEREAS, the Council's Finance Committee, insurance consultant and Director of Finance
recommend award of the town's property and casualty insurance for 1994-95 to USF&G and Kemper
Insurance Companies as proposed by the AH&T Insurance Agency.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The town manager is authorized to contract on behalf of the town for property and
casualty insurance for 1994-95 from the USF&G and Kemper Insurance Companies on the basis of the
proposal submitted by the AH&T Insurance Agency in the amount of $127,129.
SECTION II. The Council authorizes the town manager to enter into contracts with USF&G and
Kemper Insurance Companies through their agent, AH&T insurance agency, for the subsequent two fiscal
years without the need to competitively bid the insurance coverages specified in the RFP.
94-124 -A RESOLUTION: AUTHORIZING A CONTRACT WITH OWENS AND DOVE, INC., FOR
CONSTRUCTION OF THE WATER SYSTEM IMPROVEMENTS, WESTERN
PRESSURE ZONE, PHASES 1 AND 2
WHEREAS, the Town of Leesburg duly advertised and received sealed bids on May 20, 1994, from
nine contractors to construct the Water System Improvements, Western Pressure Zone, Phases 1 and 2 project,
in accordance with published bid documents and pursuant to state and local procurement laws; and
WHEREAS, the lowest responsive bid received was from Owens and Dove, Inc., in the amount of
$695,000.00; and
WHEREAS, funding is available for this project through the appropriation of $980,000.00 in the FY
1994 Budget; and
WHEREAS, this bid represents a $285,000.00 savings over FY 1994 programmed capital costs for this
project.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
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The Manager is hereby authorized and directed to enter into a contract on behalf of the town with
Owens and Dove, Inc., in the amount of $695,000.00 for construction of the Water System Improvements,
Western Pressure Zone, Phases 1 and 2.
94-125 -A RESOLUTION: AUTHORIZING A CONTRACT WITH JONES & FRANK CORPORATION
FOR UNDERGROUND STORAGE TANK REPLACEMENT
WHEREAS, replacement of the underground fuel storage tank (UST) at the Airport Sewage Pumping
Station is necessary to comply with new federal and state regulations, effective December 31, 1994; and
WHEREAS, this project was duly advertized and a public bid opening held pursuant to state and local
purchasing laws; and
WHEREAS, a single bid was received from Jones and Frank Corporation, in the amount of
$16,549.00, in compliance with published bid documents; and
WHEREAS, staff has determined this bid to be responsive and the contractor (bidder) to be
responsible in prior work performance;
THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The town manager is hereby directed to execute an agreement with Jones & Frank
Corporation in the amount of $16,549.00 for replacement of the existing UST at the Airport Sewage Pumping
Station in accordance with published plans and specifications.
SECTION II. An appropriation is hereby made to utility account #306.3140.700.738 from the
unappropriated Utility Fund balance in the amount of $8,550.00.
VOTE
Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
Absent: Councilmember Blake
lO.(n)
MOTION
On motion of Mr. Trocino, seconded by Ms. Bange, thc following resolution was proposed and adopted.
94-126 -A RESOLUTION: MAKING APPOINTMENTS TO THE LEESBURG PARKS AND
RECREATION ADVISORY COMMISSION
WHEREAS, three terms of office on the Parks and Recreation Advisory Commission will expire on
June 30, 1994; and
WHEREAS, the Town Council conducted interviews on May 31, 1994:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
John La¥cock, Catherine Dodds and Frederick Lillis are appointed to the Parks and Recreation
Advisory Commission for two year terms to expire on June 30, 1996.
VOTE
Aye: Councilmembers Atwell, Bange, Trocino, Webb, Umstattd, and Mayor Clem
Nay: None
Absent: Councilmember Blake
10.(o)
MOTION
On motion of Mr. Trocino, seconded by Ms. Bange, the following resolution was proposed and adopted.
94-127 - A RESOLUTION: MAKING APPOINTMENTS TO THE AIRPORT COMMISSION
WHEREAS, all of the terms of office on the Airport Commission will expire on June 30, 1994; and
WHEREAS, the Town Council conducted interviews on May 31, 1994; and
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WHEREAS, it is recommended that the terms of office be staggered:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Stanley Caulkins, Dewey Hill and William Haun are appointed to the Airport
Commission for two year terms to expire on June 30, 1996.
SECTION II. Daniel Moats, Thomas Nails and R. W. Blake are appointed to the Airport Commission
for four year terms to expire on June 30, 1998.
VOTE
Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
Absent: Councilmember Blake
10.(o)
This item was referred to the Administration and Public Works Committee meeting of June 21, 1994.
NEW BUSINESS
ll.(q)
MOTION
On motion of Ms. Bange, seconded by Ms. Umstattd, the following resolution was proposed and adopted.
94-128 - A RESOLUTION: CANCELLING THE AUGUST 16, 1994, PLANNING AND ZONING AND
ADMINISTRATION AND PUBLIC WORKS COM-MITFEE MEETINGS AND THE
AUGUST 23, 1994, REGULAR TOWN COUNCIL MEETING
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Planning and Zoning and Administration and Public Works Committee meetings of August 16,
1994 and the regular Town Council meeting of August 23, 1994, are hereby cancelled.
VOTE
Nay:
Absent:
Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem
None
Councilmember Blake
Mighty Midget Kitchen
Jim Gahres presented a brief staff report and stated that the Air and Space Museum is planning a visit to
Leesburg to see the kitchen next week with approval of the Town Council. He recommended going ahead
with the National Registry.
Mr. Webb stated he would not support the kitchen leaving the Town of Leesburg. He considered the
expenses to be out of line and preferred that the kitchen be placed at Ida Lee Park or used in parades.
Ms. Umstattd stated that it would be great advertisement to have the kitchen on display at the Air and Space
Museum if Leesburg were mentioned.
Mr. Atwell stated that he did not recollect promising Ms. Hooper that the town would keep her in business.
He supported preserving the kitchen and agreed with Mr. Webb that Ida Lee may be the appropriate place
for it.
Mr. Trocino stated it is important that the kitchen not be destroyed. He did not consider it to be worth a
$35,000 investment and recommended placing the kitchen at Ida Lee Park for now but agreed with Ms.
Umstattd that in the long run having it at the Air and Space Museum would be best as long the town would
get the credit and advertisement.
Ms. Bange stated she would like the town to pursue the historic designation of the kitchen and see what this
would allow before making any commitments.
Mayor Clem stated that it was implied that the Town of Leesburg would take the kitchen and attempt to find
a new location. He recommended proceeding with the National Registry and having the Air and Space
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museum representatives look at the kitchen. He asked for other possible sites to be suggested at the next
meeting.
The issue was referred to the Administration and Public Works Committee meeting of June 21, 1994.
MOTION
A motion was made by Mr. Trocino, seconded by Mr. Webb, to refer the tree committee report to the
Administration and Public Works Committee meeting of June 21, 1994 for consideration of keeping the tree
committee active.
VOTE
Nay:
Absent:
Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem
None
Councilmember Blake
MOTION
A motion was made by Ms. Bange, seconded by Mr. Webb, to approve the rezoning application and amending
the zoning district map for ZM-134 Harper Park.
DISCUSSION
Mr. Trocino stated the product has changed in the last two years. He expressed concern with the appearance
of the corridor on Market Street.
Ms. Umstattd thanked Mr. Banzhaf for some of the amendments to the proffers and for the increase in the
fire and rescue contributions. The rezoning takes 25 percent of the land in town, that could be used for
corporate employment, and turns it into substantial residential use, thereby, eliminating it from the town's
ability to provide jobs in the future. The proposal is fundamentally flawed when it comes to the best interests
of the town. On a smaller level, another concern is the way the proffers and or ordinance is drafted -
which could allow a major utility - one example being a power plant, to be built on the site. This concern has
not been addressed. Another much more limited concern comes with the school proffer, in that, a public
school building is not going to be counted towards satisfaction of the 400,000 square foot construction
requirement. There is a loophole here that perhaps a school facility could be counted against the applicant's
requirement to meet proffer standards, because governmental facilities are going to be counted towards that.
Certainly a sports field/ball field could be defined as a governmental facility. If that is the case and the town
has a 30 to 35 acre school site, this in itself could easily satisfy the minimum 400,000 square foot of non-
residential use. A final problem is that the town will not receive any transportation improvement funds from
this applicant because of the number of credits we are allowing against that proposed transportation
improvement funds.
Mr. Atwell considered this proposal to be an opportunity for some transitional development. He looked at
the amount of land still available for mixed use and does not feel uncomfortable with the reduction. He stated
that part of his decision came from the county's approved use of 800 units not in the Town of Leesburg.
VOTE
Nay:
Absent:
Councilmembers Atwell, Bange, Trocino, Webb, and Mayor Clem
Councilmember Umstattd
Councilmember Blake
MOTION
On motion of and duly seconded, the meeting was adjourned at 10:10 p.m.
Clem, Mayor
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