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HomeMy Public PortalAbout1994_12_13MINUTES OF DECEMBER 13, 1994 A regular meeting of the Leesburg Town Council was held on Tuesday, December 13, 1994 at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Mayor James E. Clem. Councilmembers present George F. Atwell J. Frank Buttery Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown (arrived at approximately 8:10 p.m.) Deputy Town Manager Peter M. Stephenson Director of Engineering and Public Works Thomas A. Mason Parks and Recreation Coordinator John Johnson Town Attorney George Martin Clerk of Council Barbara Messinger APPROVAL OF MINUTES MOTION On motion of Ms. Umstattd, seconded by Mr. Buttery, the regular meeting minutes of November 22, 1994 were approved as submitted. VOTE Nay: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem None AGENDA ITEMS 5.a. RESOLUTION OF RESPECT MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following Resolution of Respect was proposed and unanimously adopted. RESOLUTION OF RESPECT M. J. "Max" Dwyer WHEREAS, M. J. "Max" Dwyer, former Town of Leesburg Police Sergeant, died on November 25, 1994, at the age of 66; and WHEREAS, Mr. Dwyer, a graduate of Lucketts School, was a past president of the Leesburg Rotary Club, a member of the Arcola Lions Club and the Leesburg Kiwanis Club; and WHEREAS, Mr. Dwyer, in his professional capacity, was a Loudoun County Sheriff from 1960 to 1964, a game warden for Loudoun County in the 1950s and served as sergeant on the Leesburg Police Department; and . WHEREAS, Mr. Dwyer served as a bailiff in the Loudoun County Circuit Court under Judge Carleton Penn, before retiring from law enforcement work. THEREFORE BE IT RESOLVED that the Mayor and members of Council of the Town of Leesburg in Virginia offer this Resolution of Respect in memory of M. J. "Max" Dwyer on behalf of the Town of Leesburg and offer their sympathy to his family and friends; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be provided to his family. VOTE Nay: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem None 6.a. PETITIONERS Mr. Turner and Mr. Baldwin, representing the Loudoun Health Care, addressed the Council presenting an update of the hospital's status with regard to the Certificate of Public Need (COPN). Mr. Turner stated that the hospital is still awaiting a decision by the State Health Department. The decision is anticipated by the end of the year. Mr. Turner reported on the Loudoun Signature - HMO, health maintenance plan designed for Loudoun County businesses. It is offered through Loudoun County physicians and the hospital. It is also designed to be competitive and to help keep health care dollars in Loudoun County. Mr. Baldwin stated that the new Loudoun Signature plan will reduce out of pocket health care costs by 30 percent next year. 6.b. ANNOUNCEMENT OF THE EAC'S ANNUAL HOLIDAY OUTDOOR DECORATION COMPETITION WINNERS Mr. Johnson announced the 1994 EAC/Nations Bank Holiday Decorating Competition winners. He thanked Nation's Bank for their $300.00 contribution to be used towards a $50.00 award for each of the categories. Mr. Johnson also thanked this year's judges; John Chambliss with thc Lccsburg Today, Chuck Thornton with WAGE Radio and Patty Snodgrass with the Loudoun Times-Mirror. 7. COUNCILMEMBER COMMENTS Ms. Emswillcr wished everyone a Merry Christmas and a prosperous New Year. Mr. Atwcll wished everyone a happy holiday and a prosperous New Year. Mr. Trocino attended thc National League of Cities where he gained recognition for the Town of Lccsburg. Ms. Umstattd commented that the downtown merchants did a wonderful job on this year's Christmas decorations. She wished everyone a happy holiday. Mr. Buttery wished everyone a Merry Christmas. Hc commented on thc large turnout of adults as well as children at last Friday's Christmas Lighting ceremony. Mr. Buttery attended a ceremony in honor of David Martin who is a Boy Scout and has now attained the rank of Eagle Scout. Mr. Webb wished everyone a happy holiday season. He stated that the downtown merchants were very pleased with business last Friday night during the Christmas Lighting ceremony. Mr. Webb stated the Cable Commission is requesting comments and recommendations fi.om the Council with regard to cost, service restoration, etc., for the upcoming TV cable franchise renewal. Mr. Webb stated he has received several calls regarding the removal of the barricades on the bike trail between Catoctin Circle and Lawson Road. He stated that vehicles have been spotted driving on the bike trail since the removal of the barricades. Mr. Webb asked that staff look into this situation immediately. 8. MAYOR'S REPORT Mayor Clem attended the Eagle Scout ceremony held on behalf of Joseph McClanahan. He and Mr. Buttery attended the National Guard Christmas Party. :. Mayor Clem wished everyone a Merry Christmas. 5.b. CERTIFICATES OF APPRECIATION Mayor Clem presented a Certificate of Appreciation to Detective Joanna Parrott on behalf of the CO121394 -2- Leesburg Police Department for solving the pantyhose case in the town. Mayor Clem presented a Certificate of Appreciation to Officer Thomas F. Butler for graduating first in the Forensic Science Class held in Richmond, Virginia. 9. MANAGER'S REPORT Mr. Stephenson briefly reviewed the Activity Report. 10. LEGISLATION MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the following resolutions were proposed as consent and adopted. 10. (a) 94-255 - RESOLUTION - OF AGREEMENT WITH LOUDOUN COUNTY TO EXTEND THE DEADLINE FOR REVIEW OF THE ANNEXATION AREA DEVELOPMENT POLICIES WHEREAS, the County of Loudoun and the Town of Leesburg have adopted an Annexation Agreement and Annexation Area Development Policies (AADPs) dated November 15, 1982; and WHEREAS, the adopted AADPs require they be reviewed at least once every five years through the life of the moratorium on city transition; and WHEREAS, the second comprehensive review is supposed to occur no later than December 31, 1994; and WHEREAS, the Town of Leesburg has initiated and expects to complete an update of its Town Plan by mid-year 1995; and WHEREAS, the Town Plan update may affect numerous policies contained in the AADPs; and WHEREAS, the town-county AADP Joint Policy Committee recommended on November 30, 1994 that the deadline for review of the AADPs be extended for one year to accommodate completion of the Town Plan update prior to undertaking the AADP review; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: With the concurrence of the Board of Supervisors of Loudoun County, the Council agrees to extend the deadline for completing a review of the Annexation Area Development Policies until December 31, 1995. The current Annexation Area Development Policies, dated November 7, 1991 with subsequent amendments, will remain in effect until a comprehensive review is completed and an update is mutually adopted. 10.0,) 94-256 - RESOLUTION - REAPPOINTING GUS GLIKAS, MERVIN JACKSON, B.J. WEBB TO THE LEESBURG PLANNING COMMISSION THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Gus Glikas, Mervin Jackson and B. J. Webb are reappointed to the Leesburg Planning Commission for two year terms to expire on December 31, 1996. lo.(c) 94-257 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING WATER AND SEWER EXTENSION PERMITS FOR GREENWAY FARM PUBLIC RECREATION' AREA WHEREAS, Council Resolution #94-169 adopted on August 9, 1994 authorized an agreement for installation of public improvements and approved water and sewer extension permits for the Greenway Farm Public Recreation Area; and CO121394 -3- WHEREAS, the developer, Trafalgar House, did not provide a performance guarantee for the public improvement; and WHEREAS, the final subdivision plat for the Greenway Farm Recreation Area cannot be recorded until the public improvements are completed and accepted by the Town Council or a performance guarantee acceptable to the Town Council is provided; and WHEREAS, the developer proposes to provide a corporate surety bond fxom the American Home Assurance Company in the amount of $136,000.00 to guarantee the installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for the Greenway Farm Recreation Area. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Manager shall execute a new contract for installation of public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for the Greenway Farm Recreation Area. SECTION II. The corporate surety bond in a form approved by the Town Attorney from the American Home Assurance Company in the amount of $136,000.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for the Greenway Farm Recreation Area. SECTION III. The contract for installation of public improvements authorized by Resolution #94-169 will be cancelled after the new contract and performance guarantee approved in Section I and II above are executed and in effect. 10.(d) 94-258 - RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCEGUARANTEE FO R POTOMACCROSSING/BATTLEFIELDPARKWAY WHEREAS, the construction drawings for a half-section of Battlefield Parkwaybetween Smartt's Lane and Cattail Branch in Potomac Crossing have been conditionally approved by the Department of Engineering and Public Works; and WHEREAS, this section of Battlefield Parkway will provide direct public road access to the Balls Bluff Elementary School site which is currently under construction; and WHEREAS, the Balls Bluff Elementary School is planned to be ready to open in September 1995; and WHEREAS, Resolution 94-98 adopted on May 10, 1994 resolved that the completion and opening of the Potomac Crossing Elementary School (now called Balls Bluff Elementary) for the 1995-96 school year is urgently needed and was assigned as a top priority for the Town of Leesburg; and WHEREAS, Arcadia Development Company, the developer of Potomac Crossing, plans to construct the half-section of Battlefield Parkway between Smartt's Lane and Cattail Branch such that the storm drainage pipe will be installed by March 1995 and the road will be base paved by June 1995. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Potomac Crossing/Battlefield Parkway. SECTION II. A corporate surety bond in a form approved by the town attorney from the American Insurance Company in the amount of $565,456.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the DirectOr of Engineering and Public Works for Potomac Crossing/Battlefield Parkway. 10.(e) 94-259 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR MANORS OF LEESBURG SECTION 1 CO121394 -4- WHEREAS, Rivermead Homes, Inc., 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 six (6) month time extension to complete the public improvements; and WHEREAS, 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 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 Section 1. SECTION II. A time extension to July 9, 1995 for completion of the public improvements is approved. 10.(0 94-260 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETIONOF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR MANORS OF LEESBURG SECTION 2 WHEREAS, Rivermead Homes, Inc., the developer of Manors of Leesburg 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 six (6) month time extension to complete the public improvements; and WHEREAS, corporate surety bond in the amount of $116,528.15 from The Seaboard Surety Company was provided by the developer to guarantee the installation of public improvements in Manors Section 2. 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 $116,528.15 is approved to guarantee the installation of public improvements in Manors Section 2. SECTION II. A time extension to July 9, 1995 for completion of the public improvements is approved. 10.(g) 94-261 - RESOLUTION - AUTHORIZING A NOTICE OF A PUBLIC HEARING FOR ISTEA TRANSPORTATION GRANT PROJECTS RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider ISTEA Transportation Enhancement Grant Applications for (1) Balls Bluff Regional Park Expansion; (2) Civil War Promotions; and (3) Bike Trails at Ida Lee Park. Notification shall be published in the Leesburg Today on December 28, 1994, and January 4, 1995 for a public hearing on Tuesday, January 10, 1995 at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. lO.(h) 94-262 - RESOLUTION - ELIMINATING SCHOLARSHIPS AT THE IDA LEE RECREATION CENTER FOR NON-TOWN RESIDENTS WHEREAS, on January 26, 1993, Town Council authorized scholarships to utilize the Ida Lee Recreation Center be available to all Loudoun County residents; and WHEREAS, the Parks and Recreation Advisory Commission has determined scholarships for non-town residents residing in Loudoun County are available through Loudoun County agencies; and CO121394 -5- WHEREAS, the Parks and Recreation Advisory Commission has recommended scholarship[s for non-town residents be eliminated effective January 1, 1995. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Effective January 1, 1995, only town residents will be eligible to apply for scholarships through the Department of Parks and Recreation. 10.0) 94-263 - RESOLUTION - AUTHORIZING PURCHASE OF A PICK-UP TRUCK FOR THE WATER POLLUTION CONTROL DIVISION AND MAKING AN APPROPRIATION WHEREAS, the current Capital Improvements Program, as adopted by Council, includes purchase of a replacement pickup truck for the Water Pollution Control Division's operation and maintenance activities; and WHEREAS, funds for purchase of the vehicle were not appropriated with adoption of the FY 95 Budget, requiring a special appropriation; and WHEREAS, staff recommends purchase of the vehicle under the Commonwealth of Virginia, Department of Transportation contract with Capital GMC Trucks, Inc., Richmond, Va., in the amount of $16,694.00, plus delivery: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is hereby authorized and directed to purchase one GMC, 1/2 ton pickup truck fi.om Capital GMC Trucks, Inc., Richmond, Va., in an amount not to exceed $17,000.00. SECTION II. An appropriation is hereby made to Utility Fund Account Number 306.3140.700.705 in the amount of $17,000.00 from the unappropriated Utility Fund balance for the fiscal year ending June 30, 1995. 10.(k) 94-264 - RESOLUTION - AMENDING THE FY 95 BUDGET TO REAPPROPRIATE FUNDS TO THE LOUDOUN HOUSE COALITION OFFICE WHEREAS, the adopted FY 95 budget authorized a contribution of $2500 to Positive Youth Works to assist in youth programs in the Loudoun House area; and WHEREAS, Positive Youth Works no longer exists as an organization; and WHEREAS, the Drug Task Force Coordinator for the Loudoun House Coalition requested in a November 22, 1994, memo the $2500 earmarked for Positive Youth Works for the purpose of sponsoring programs for the community's youth; and WHEREAS, the Finance Committee unanimously endorsed the request on December 6, 1994, and forwarded it to Town Council for action. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The $2500 earmarked for Positive Youth Works in the adopted FY 95 Non-departmental budget is hereby authorized to be allocated to the Loudoun House Coalition for the purpose of implementing youth programs for the community. lo. (l) 94-265 - RESOLUTION - WAIVING RENTAL FEES AT THE IDA LEE RECREATION CENTER FOR THE YMCA OVERNIGHT LOCK-IN WHEREAS, the YMCA has requested a waiver of the rental fees for the use of Ida Lee Recreation Center for their overnight lock-in February 1995; and WHEREAS, the event is scheduled after normal operating hours and requires fees be paid to cover rental charges of $510.00 and staff costs of $407.50 for a total of $917.50; and CO121394 -6- WHEREAS, the YMCA has requested a waiver of the rental fees of $510.00; and WHEREAS, the Town Council Finance Committee recommended waiving the rental costs by a vote of 3-0: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is authorized to waive the rental costs of $510.00. SECTION II. The YMCA is required to pay all staff costs of $407.50 for the event. 10.(m) 94-266 - RESOLUTION - AUTHORIZING ONE YEAR LEASE RENEWALS FOR AMERICAN BEECHCRAFT COMPANY, AV-ED FLIGHT SCHOOL AND BLUE SKY AVIATION AT THE LEESBURG MUNICIPAL AIRPORT WHEREAS, on January 12, 1993 the Town Council adopted Resolution No. 93-7, which authorized the execution of lease agreements with American Beechcraft Company, AV-ED Hight School and Blue Sky Aviation as a result of the Janelle Aviation, Inc. lease and management agreement default; and WHEREAS, these lease agreements commenced on January 18, 1993, with a minimum term of two years for American Beechcraft Company and a minimum term of one year for AV-ED Flight School and Blue Sky Aviation; and WHEREAS, these lease agreements are renewable for successive annual terms by the Town Council upon the advice of the Airport Commission; and WHEREAS, the total term of the lease agreements shall not exceed four years and eleven months, or December 17, 1997; and WHEREAS, American Beechcrafi Company, AV-ED Flight School and Blue Sky Aviation are all growing businesses which have provided excellent services over the past two years; and WHEREAS, on November 17, 1994 the Airport Commission recommended the extension of these lease agreements to the full lease term of December 17, 1997; and WHEREAS, on December 6, 1994 the Town Council Finance Committee recommended a one year renewal or extension of these lease agreements from January 18, 1995 to January 17, 1996; and WHEREAS, the Town Council may proceed to advertise and receive long-term lease bid proposals for these airport leases within this one year extension period; and WHEREAS, the Mayor has requested that a special work session be held in April, 1995, between the Town Council and the Airport Commission to discuss these leases in further detail, as well as the overall airport master plan: THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is hereby authorized to negotiate and execute lease agreement renewals of one year, from January 18, 1995 to January 17, 1996, for American Beechcraft Company, AV-ED Flight School and Blue Sky Aviation at the Leesburg Municipal Airport, in a form approved by the town attorney. 10.(n) 94-267 - RESOLUTION - APPROPRIATING FUNDS TO COVER EXPENDITURES FOR TOWN SERVICES DURING AUGUST COURT DAYS WHEREAS, town services were provided to ensure the success of the August Court Days celebration on August 20-21, 1994; and :. WHEREAS, funds were not budgeted to cover these expenditures; and WHEREAS, proceeds from August Court Days were donated to the Balch Library restoration; and ~O121394 -7- WHEREAS, the Balch Library is town property. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation from the unreserved general fund balance in the amount of $3,115.50 is made to cover 22.5 hours of police services and 97 hours of public works services provided for August Court Days. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem Nay: None Abstain: Councilmember Trocino 10.(c) 10.0) MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the following resolution was proposed and adopted. 94-268 - RESOLUTION - AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH LOUDOUN COUNTY REGARDING THE COUNTY GOVERNMENT CENTER WHEREAS, the Town of Leesburg has historically and consistently supported the construction of the County Government Center in downtown Leesburg; and WHEREAS, on November 22, 1994, the Town Council authorized the execution of a Letter of Understanding between Gilbane, Gilcorp, and the town regarding town commitments; and WHEREAS, the Town Council also authorized the November 30, 1994, contribution of $3 million to Gilcorp to assist in locating the center in downtown Leesburg; and WHEREAS, four issues have been proposed to be formalized between the town and county in the attached Memo of Understanding. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Mayor is hereby authorized to execute the attached Memorandum of Understanding with Loudoun County regarding city status, off-hour parking at Loudoun Center garage, traffic modifications and town parking spaces as related to the County Government Center. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb and Mayor Clem Nay: Umstattd NEW BUSINESS: 11.(o) was referred to the December 14, 1994 special meeting for further consideration. 11.(p) MOTION On motion of Mr. Webb, seconded by Mr. Buttery, the following resolution was proposed and adopted. 94-269 - RESOLUTION' AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR KINCAID FOREST SECTION 9C RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Kincaid Forest Section 9C. CO121394 -8- SECTION II. The extension of municipal water and sewer for Kincaid Forest Section 9C is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The corporate surety bond in a form approved by the town attorney from the American Motorist Insurance Company in the amount of $242,351.84 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Kincaid Forest Section 9C. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Umstattd, Webb and Mayor Clem Nay: None Abstain: Councilmember Trocino On motion of, and duly seconded the meeting was adjourned at 8:30 p.m. Clerk of Council , Mayor C0121394 -9-