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Home My Public Portal About1994_10_25TOWN COUNCIL MEETING MINUTES OF OCTOBER 25, 1994 A regular meeting of the Leesburg Town Council was held on October 25, 1994, at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meetingwas called to order by the Mayor. INVOCATION was given by Councilmember Trocino SALUTE TO THE FLAG was led by Councilmember Buttery ROLL CALL Councilmembers present George F. Atwell Frank J. Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd William F. Webb (absent) Mayor James E. Clem Staff members present Town Manager Steven C. Brown Director of Engineering and Public Works Thomas Mason Assistant Town Manager for Economic Development James Gahres Parks Coordinator John Johnston Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Town Clerk Barbara Messinger APPROVAL OF M1NUTES MOTION On motion of Ms. Umstattd, seconded by Mr. Buttery, the regular meeting minutes of October 11, 1994 were approved as written. VOTE Aye.' Nay: Absent: Councilmembers Atwell, Buttery, EmswiHer, Trocino, Umstattd, and Mayor Clem None Councilmember Webb PETITIONERS Hubbard Turner congratulated Ms. Umstattd and Ms. Emswiller for their positions regarding the ZM-140 U.S.C.T.A. rezoning application. He expressed concern with the town's public hearing process citing the U.S.C.T.A. rezoning application as an example. Mr. Turner discussed the need for the public to be adequately informed of public hearings and special meetings of the Town Council. COUNCILMEMBER COMMENTS Mr. Buttery stated the special events held in Leesburg during the weekend brought bus loads of visitors to the tOwn. Ms. Umstattd stated she finds it interesting to see legislation on the consent agenda which will approve spending over $3 million to subsidize the county complex. She noted a cost over-run of approximately 33%. Ms. Umstattd hopes the Town Council will stick to its original resolution to limit its subsidy to $3 million and no more. Mr. Trocino recently attended meetings at the Virginia Municipal League's annual convention. He participated in the Senate Select Committee's study of the Transportation Trust Fund in Richmond. Mr. Atwell had no comment. Ms. Emswiller appreciated Mr. Turner's comments regarding the public being informed of all town issues and public hearings. She suggested perhaps WAGE could announce the meetings pertainingto the comprehensive plan and county complex. She stated it is important that the Town Council be open and forthright, suggesting the possibility of a listening session to keep the public informed of the county complex progress. Ms. Emswiller also attended the Virginia Municipal League meetings. MAYOR'S REPORT Mayor Clem reported on the success of the Leesburg Hauntings. He requested a clause be added to future road construction contracts which would prohibit construction equipment on any roads in the Town of Leesburg after 2:30 p.m. This was suggested in an effort to alleviate traffic congestion. MANAGER'S REPORT Mr. Brown announced there would be a special meeting/worksession on October 28, 1994 to discuss strategic long range planning. He reviewed the leaf collection schedule. Mr. Brown stated a Notice to Proceed has been issued to the Bongiovanni Company, Inc., for the Cattail Branch sewer project. He also reported on the success of the Leesburg Hauntings and Battle of Leesburg events. He extended congratulations to Ms. Umstattd for running in the 26 mile Marine Marathon. PETITIONERS Don Zimar, representing the Care of Trees, presented the Town of Leesburg with the Tree Inventory & Management Plan. Mr. Trocino stressed the importance of a Tree Committee. LEGISLATION 9.(a).(b).(d) MOTION On motion of Ms. Umstattd, seconded by Mr. Buttery, the following resolutions were proposed as consent and unanimously adopted. 94-227 - A RESOLUTION: AUTHORIZING A PUBLIC HEARING FOR BOUNDARY LINE VACATION #-BLV-94-01-FAIRVIEW SUBDIVISION, LOTS 11 AND 12 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider the vacation of an interior lot line separating lots 11 and 12, Tax map 48-C-1-G shall be published in the Leesburg Today on November 9, 1994 and November 16, 1994 for public hearing on November 22, 1994 at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. 94-228 - A RESOLUTION: ESTABLISHING A STORM DRAINAGE CAPITAL PROJECT FOR THE STORM SEWER SYSTEM IN ANNE STREET AND ESTABLISHING A PRORATA WHEREAS, the existing storm drainage system along Anne Street in the vicinity of Dry Mill Road is not adequate to convey a ten-year storm event in accordance with current town standards; and WHEREAS, engineering studies show that approximately 600' of 21" and 24" concrete storm sewer pipe must be installed to increase the capacity of the storm drainage system to meet current requirements for the ultimate conditions; and WHEREAS, the developer of the Dry Mill Section 3 Subdivision has requested that the town install the proposed storm sewer system improvements in Anne Street and has agreed to pay a prorata share of the cost of the improvements; and WHEREAS, the developer of the Dry Mill Section 3 Subdivision plans to convey the stormwater runoff from the new subdivision into the existing storm sewer system in Anne Street, and Co 10/25/94-2- WHEREAS, the estimated cost of the storm drainage system improvements is $50,000.00; and WHEREAS, Section 15.1-466 of the 1950 Code of Virginia, as amended, enables the town to establish a prorata share program for storm drainage facilities; and WHEREAS, the new storm drainage pipe can handle both the current deficiency of the existing system and the increase in runoff from the Dry Mill Section 3 Subdivision; and WHEREAS, the Dry Mill Section 3 Subdivision is the only undeveloped property within the drainage area of the proposed improvements; and WHEREAS, the prorata share for the Dry Mill Section 3 Subdivision is 14% of the costs of the project. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: SECTION I. The town's Five Year Capital Improvements Program is hereby amended to include a project to install approximately 600' of 21" and 24" concrete storm sewer along Anne Street in the vicinity of Dry Mill Road. SECTION II. This new capital project should initially be scheduled to be funded and constructed in FY 1997. SECTION III. The prorata share for the Dry Mill Section 3 Subdivision is hereby established as 14% of the project costs. 94-229 - A RESOLUTION: AWARDING A CONTRACT FOR A WATER AND SEWER RATE STUDY AND MAKING AN APPROPRIATION WHEREAS, during last year's budget deliberations the Council expressed the need for an update to the town's previous water and sewer rate study which was completed over three years ago; and WHEREAS, a Request for Proposals was distributed to consulting firms for the purpose of performing a water and sewer rate study; and WHEREAS, on September 9, 1994, proposals were received from consulting firms in response to the RFP; and WHEREAS, the proposals were short listed and interviews were conducted and the firm determined to be best qualified to perform this study is O'Brien & Gere Engineers, Inc. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager is authorized to execute a contract with O'Brien & Gere Engineers, Inc. to perform a water and sewer rate study for the town at a cost not to exceed $38,207. SECTION II. An appropriation is made to Account No. 300.3110.300.300 in the amount of $38,207 for the utility fund budget for the fiscal year ending June 30, 1995. VOTE Aye: Nay: Absent: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, and Mayor Clem None Councilmember Webb 9.(c) was removed from the agenda. MOTION On motion of Mr. Trocino, seconded by Mr. Buttery, the following motion was made. Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the Leesburg Town Council convene in Executive Session. The authority for this Executive Session is found in Section 2.1-344 (a), Subsection (7) of the 1950 Code of Virginia, as amended. The purpose of this Executive Session is to discuss legal matters requiring the provision of legal advice by counsel specifically the creation of a 501 (c) (3) special purpose entity and city status negotiations. VOTE Aye' Councilmembers Atwell, Buttery, Emswiller, Trocino and Mayor Clem CO 10/25/94 -3- Nay: Absent: Councilmember Umstattd Councilmember Webb MOTION On motion of, and duly seconded, the following motion was made. I move that the Executive Session be adjourned, that the Leesburg Town Council reconvene its public meeting and that the minutes of the public meeting reflect that no formal action was taken in the Executive Session. VOTE Nay: Absent: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Mayor Clem None Councilmember Webb MOTION On motion of, and duly seconded, the following resolution was proposed and adopted. 94-230 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF OCTOBER 25, 1994 WHEREAS, the Town Council of the Town of Leesburg, Virginia, has this day convened in Executive Session in accordance with an affirmative recorded vote of the Leesburg Town Council and in accordance with the provisions of the Virginia Freedom of Information Act: NOW, THEREFORE, BE IT RESOLVED that the Leesburg Town Council does hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification applies; and 2) only such public business matters as were identified in the Motion by which the said Executive Session was convened were heard, discussed or considered by the Leesburg Town Council. On motion of, and duly seconded, the meeting was adjourned. Town of Leesburg