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HomeMy Public PortalAbout1995_01_24 TOWN COUNCIL MEETING MINUTES OF JANUARY 24, 1995 A regular meeting of the Leesburg Town Council was held on January 24, 1995, 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 Steve Brown ROLL CALL Councilmembers present George F. Atwell Frank J. Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Staff members present Town Manager Steve Brown Assistant Town Manager for Economic Development James Gahres Director of Planning, Zoning, and Development Michael Tompkins Director of Engineering and Public Works Thomas Mason Planner Delane Parks Chief of Comprehensive Planning Gene Arner Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Town Clerk Barbara Messinger APPROVAL OF MINUTES MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the special meeting minutes of December 14, 1994, and the regular meeting minutes of January 10, 1995 were approved as written. VOTE Aye: Nay: Abstain: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None Councilmembers Buttery, and Umstattd (December 1.4, 1994) MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following Resolution of Respect was proposed and unanimously adopted. RESOLUTION OF RESPECT Mary Anne Newman WHEREAS, Mary Anne Newman, former Mayor of Leesburg, died on January 19, 1995, at the age of 70; and WHEREAS, Mrs. Newman had sented on the Leesburg Town Council from 1974 to 1976 and as Mayor from 1976 to 1978; and WHEREAS, Mrs. Newman had been a member of the Environmental Advisory Commission since 1986, most recently serving as Secretary; and WHEREAS, many initiatives were begun during her tenure as Mayor, including the establishment of a community relations division of the Police Department; fluoridation of the town's water; major downtown storm drainage improvements; and the first August Court Days celebration. THEREFORE, RESOLVED that the Mayor and members of Council of the Town of Leesburg in Virginia extend their sympathy to Mrs. Newman's family and to all who knew her; and BE 1T FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to her family. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None PETITIONERS Marc Weiss & Jim Gahres provided an overview and summary of the Leesburg Economic Development Commission's activities during the past year. Ms. Umstattd requested that the commission attempt to persuade Bell Atlantic to include Leesburg and Loudoun County business phone numbers in one phone book. Howard Melton announced the opening of the Golden China Restaurant of Leesburg. Hubbard Turner commended the Planning Department on its new brochures. Mr. Turner expressed concerns that the public is not given notice of special meetings. Mayor Clem requested that Mr. Tompkins respond to Mr. Turner's comments. Mike Banzhoff, a resident of 102 Morven Park Road, N.W., addressed the Town Council in reference to the single-family and duplex homes in the Exeter development. He suggested a zoning ordinance amendment to change the R-6 zoning to allow single-family housing instead of duplexs. Mr. Brown advised the Council that staff would look into the possibility of such an amendment. Dr. AnoN/Adelman, a resident of Woodlea Manor Drive, presented a petition from Woodlea Manor residents requesting that the town police enforce traffic violations in the development. Mr. Brown stated he would look into the situation and report to Council. PUBLIC HEARING: To consider Boundary Line Vacation Application #BLV 9402 b~ Tunis H. Campbell~ Jr.~ and Doris W. Campbell Delane Parks presented the staff report. There was no public comment. Mayor Clem closed the public hearing. COUNCILMEMBER COMMENTS Mr. Webb had no comment. Mr. Buttery had no comment. Ms. Umstattd had no comment. Mr. Trocino stated he was pleased to see the proposed tree commission ordinance. He attended the Martin Luther King March on January 16, 1995, and encouraged everyone's participation next year. Mr. Trocino and Mr. Buttery met on North Street to observe traffic problems in the area. He hopes to see improvements made to this area in the coming year. Mr. Atwell had no comment. Ms. Emswiller had no comment. MAYOR'S REPORT Mayor Clem echoed Mr. Trocino's comments regarding the Martin Luther King March. He attended the Northern Virginia Regional Park Authority meeting with Mr. Ratio in Richmond. Mayor Clem announced that the dedication of the Dulles Greenway would be held in Leesburg sometime this fall. C01/24/95 -2- Ms. EmswiHer referenced an article in the National Trust Preservation Magazine offering grant funding for the preservation of ~attlefields and suggested Gary Huff research the possibility of obtaining funds for Balls Bluff. Ms. Emswiller reminded everyone of the groundbreaking for the county complex on February 15, 1995 at Noon. MANAGER'S REPORT Mr. Brown highlighted the staff report. LEGISLATION 10.(a) MOTION On motion of Mr. Trocino, seconded by Ms. Umstattd, the folk)wing ordinance was proposed and adopted as amended by Counciltncmbers Buttery and AtweH. 95-0-2 - AN ORDINANCE: AMENDING THE TOWN CODE TO ESTABLISH THE LEESBURG TREE COMMISSION WHEREAS, the Town Council recognizes the need to preserve open and green space within the community; and WHEREAS, the Town Council's established Strategic Goals includes the promotion and "retention of open space and the preservation of trees through plan implementation, appropriate regulations, and staffing for enforcement"; and WHEREAS, the Town Council created an ad hoc tree committee to evaluate town tree preservation efforts on December 7, 1993; and WHEREAS, on June 9, 1994, the ad hoc tree committee submitted its final report and recommendations; and WHEREAS, one of the recommendations was to create a tree commission to coordinate efforts to ensure tree preservation; and WHEREAS, the ad hoc tree committee recommended duties and responsibilities that should be assigned to a tree commission; and WHEREAS, the Town Council's Administration and Public Works Committee recommended a general constitution and list of duties and responsibilities to be assigned the tree commission: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: /~xticle X. Tree Commission. Section 2-96. Commission established generally. (a) The Leesburt Tree Commission is hereby established. The commission shah consist of seven members who shah be residents of the town and appointed by Town Council. The Council shah appoint one of its members to the commission whose term of office shall correspond to the official tenure of office as a Councilmember. The other members shah serve stattered four-year terms. ~]~ The commission shah elect its chairperson annually. The commission shah meet monthly or more often as necessary upon the call of the chairperson or two or more members. The chairperson is required to report any attendance problems to the Town Council, which has the authority to require a member to resign if the said member is absent from three consecutive, regular monthly meetings. Section 2-97. Duties. The Leesburg Tree Commission shah have the foHowint duties: The tree commission shah recommend tree preservation and enhancement ordinances. The tree commission shah disseminate technical information for professional groups and developers~ and shaH strive to inform the general public of the community need for tree preservation. C01/24/95 -3- The tree commission shah advise the Town Council in the development and maintenance of the'policies, standards and guidelines in the Town Code and Zoning Ordinance which will orovide ~uidance for oersons involved in olantin~, oreservin~, orotectin~ or replacing trees (Tree Management Pro~ram). (d) The tree commission shah act as an advocate group to increase the tree canopy in the community by assistint, in coordinating the efforts of the Town Council and private groups such as homeowner's associations. ~.~ ' The tree commission shall promote programs that educate citizens about trees and their benefits, and assist in choosing appropriate trees and sites for planting. and private sector. to include: The tree commission shall develop a capital tree management program for the public The tree commission shall present an annual report to the Town Council~ such report 1_. A description of activities conducted. 2-- A report of activities on-_~oing and forecast. An evaluation of the experience of the administration and implementation of the provisions set forth in the Town Code and Subdivision Rules and Re_lmlations, to include: an appraisal of the strength and comprehensiveness of the provisions; recommendations to improve implementation ~ and judgement as to how it is beinz interpreted by the public and by those affected by the requirements. The tree commission may enact by-laws as may be required to aid in its efficient operation and such by-laws shah be incorporated by references in the Part. 5_. To assist in such other duties as assioned. (h) AH actions of this commission shah be subiect to Council approval. This ordinance shah be in effect upon its passage. VOTE Aye: Nay: lO.(b) MOTION Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None On motion of Mr. Webb, seconded by Mr. Trocino, the following ordinance was proposed and adopted. 95-0-3 - AN ORDINANCE: AMENDING THE TOWN CODE TO ADD SECTION 2-91.4 TO and COMPENSATE MEMBERS OF THE TREE COMMISSION AND MAKING AN APPROPRIATION WHEREAS, legislation amending the Town Code to establish a tree commission has been prepared; WHEREAS, it is a custom of the Town Council to compensate members of advisory commissions: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Vir~nia as follows: SECTION I. The Town Code is amended as follows: Section 2-91.4 Tree Commission. Compensation of members of the town tree commission, exclusive of the Councilmanic appointment, shah be $600 per annum, payable in equal monthly installments subject to attendance. SECTION II. An appropriation is hereby authorized in the amount of $1200 from the unappropriated CO1/24/95 -4- general fund balance for the purpose of compensating tree commission members. DISCUSSION Mr. Butterv supported the establishment of the tree commission, but opposed compensating commission members. VOTE Aye: Councilmembers Atwell, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: Councilmember Buttery lO.(e) MOTION On motion of Ms. Umstattd, seconded by Mr. Buttery, the following ordinance was proposed and unanimously adopted. 95-0-4 - AN ORDINANCE: APPROVING #94-02 VACATION OF BOUNDARY LINE BE'IWEEN PARCELS 26 AND 30, TAX MAP 48B-1, TUNIS H. CAMPBELL JR. AND DORIS W. CAMPBELL WHEREAS, this property is comprised of two separate lots; and WHE~, the Leesburg Zoning Ordinance requires structures to be located on a single parcel and within required setbacks; and WHEREAS, the owner of these parcels desires that the boundary lines separating parcels 26 and 30 in the Waverly Heights Subdivision be vacated to create a single building lot that conforms with the Leesburg Zoning Ordinance; and WHEREAS, the Town Council held a public hearing on this application on January 24, 1995. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Vir~nia as follows: Boundary Line Vacation Application #94-02, authorizing the vacation of the boundary line separating parcels 26 and 30, Loudoun County Tax Map 48B-1 is hereby approved as shown on the Plat of Vacation prepared by Bowers & Associates, PC dated November 29, 1994. VOTE Aye: Councilmembers Atweli, Buttery, Emswiller, Trocino, Umstatt. d, Webb, and Mayor Clem Nay: None MOTION On motion of, and duly seconded, the following resolutions were proposed as consent items and unanimously adopted. lO.(d), (e). (f).f~).(h) 95-15 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR INSTAIJATION OF PUBLIC IMPROVEMENI~ AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER SECTION 9 WHEREAS, Richmond American Homes, the developer of Exeter Section 9, 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, a corporate surety bond in the amount of $313,360.60 from American Motorist Insurance Company was provided by the developer to guarantee the installation of public improvements for Exeter Section 9; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $313,360.60 to guarantee installation of the remaining public improvements for Exeter Section 9. C01/24/95 -5- THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension of six (6) months for the installation of public improvements is hereby approved for Exeter Section 9. SECTION II. The corporate surety bond from American Motorists Insurance Company in the amount of $313,360.60 is approved to guarantee the installation of public improvements for Exeter Section 9. 95-16 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTAIJ~ED IN PAXTON SECTIONS 3 & 4 WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Paxton Sections 3 & 4 and certified that the value of work performed is $441,189.00; and WHEREAS, a corporate surety bond in the amount of $551,486.00 from the Seaboard Surety Company was provided by the developer and approved by the Council to guarantee installation of public improvements for Paxton Sections 3 & 4. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows: SECTION I. The corporate surety bond from the Seaboard Surety Company in the amount of $551,486.00 is reduced to $110,297.00. SECTION II. The Town Manager shall notify the developer that liability for corporate surety bond funds 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 responsl'bilities outlined in the contract for public improvements for Paxton Sections 3 & 4. 95-17 - A RESOLUTION: ALrI~ORIZING SOIL TESTING AROUND EASTERN AVIATION FUELS' UNDERGROUND STORAGE TANKS AND FUEL LINES AT THE LEESBURG MUNICIPAL AIRPORT WHEREAS, the Town of Leesburg presently leases two 12,000 gallon underground aviation fuel storage tanks at the Leesburg Municipal Airport from Eastern Aviation Fuels of New Bern, North Carolina; and WHEREAS, the town assumed the lease of these Eastern tanks with the Janeile Aviation lease and operating agreement default in January, 1993; and WHEREAS, the Vir~nla Department of Aviation has inspected these Eastern tanks and has recommended against the town assuming their ownership; and WHEREAS, the Vir~nia Department of Aviation has made a partial funding allocation for one-third of the cost of a new, centralized above ground fuel storage facility at the airport; and WHEREAS, the Town Council on September 27, 1994 adopted Resolution No. 94-204, authorizing the preparation of plans for a new, centralized above ground storage facility; and WHEREAS, the design of this new facility is presently being prepared by Campbell and Paris Engineers; and WHEREAS, in order to negotiate the lease termination and tank removal with Eastern Aviation Fuels, it is in the town's best interest to know in advance of any serious soil contamination; and WHEREAS, the town is presently under contract with Clendenin Consulting and Remediation Group of Leesburg for environmental project management;and WHEREAS, Clendenin has tendered a proposal to perform the requested soil testing around the Eastern tanks for an estimated total cost of $6,619.00; and WHEREAS, this necessary expense is not budgeted in the FY '95 Airport Fund Budget: THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Deputy Town Manager is hereby authorized to accept the Proposal for Environmental Services made by Clendenin Consulting and Remediation Group on December 9, 1994 for the investigationof potential soil contamination from Eastern Aviation Ftmls underground storage tanks and fuel lines at the Leesburg Munidpal Airport. An appropriation of $6,619 is hereby made from the unappropriated General Fund CO1/24/95 -6. balance into Airport Fund Account 600.6000.300.300, Contractual Services, for the completion of this work. 95-18 - A RESOLUTION: AUTHORIZING A CONTRIBUTION TO THE 'YMCA FOR ITS OUTREACH PROGRAM WHEREAS, YMCA Director Janice Halpin requested that the Town Council and Loudoun County Board of Supervisors consider contributing to the YMCA's Outreach Program; and WHEREAS, the development of the youth of the community is vital to ensure top quality of life in Leesburg; and WHEREAS, the YMCA Big Friends and Student Forum programs offer beneficialopportunities for the welfare of Leesburg's youth; and WHE~, the YMCA's funding alternatives such as the United Way have dwindled; and WHEREAS, the YMCA youth programs meet the criteria for town funding by improving quality of life and reducing exposure to additional spending in law enforcement and other municipal services; and WHEREAS, the Loudoun County Board of Supervisors is contn"outing $10,000 to the program. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A contribution of $5,000 is hereby authorized and appropriated from the unappropriated general fund balance for the YMCA to assist with the YMCA's Outreach Programs. VOTE Aye: Councilraembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None Abstain: Councilmember Trocino (10.g) 10.(i) This item was referred to the Finance Committee meeting of February 8, 1995. NEW BUSINESS Ms. Em.swiller recommended sending this item back to committee for further discussion. Ms. Umstattd asked if the resolution was necessary. She stated she thought the LEDC had the authority to investigate cooperation with Loudoun County? Mayor Clem stated the county has asked the Council to respond to this matter. He stated time is of the essence due to the upcoming budget process. Mr. Atwell explained the benefit of having the county and the town work together on this matter to get the most for their money. Ms. Emswiller again stressed the need for additional time to discuss the matter. Mr. Atwell responded that budget deliberations are coming up and recommended the two commissions meet to discuss the issues. Ms. Emswiller stated new business items should go through the proper committees. She suggested the resolution be amended to delete any reference to the Tourist and Business Marketing Committee. MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the following resolution was proposed and adopted as amended by Ms. Emswiller. 95-19 - A RESOLUTION: AUTHORIZING THE LEESBURG ECONOMIC DEVELOPMENT COMMISSION 0-.EDC) TO WORK WITH LOUDOUN COUNTY TO RECOMMEND AN APPROPRIATE FUTURE ROLE FOR THE TOWN AND COUNTY REGARDING LOUDOUN'S TOURISM EFFORTS WHE~, tourism is a vital component of the town and county's economy with a potential for CO1/24/95 -7- si?ificant growth; and WHEREAS, both town and county governments contribute public funds towards the operations of a conference and visitors bureau; and WHEREAS, a re-evaluation is necessary to determine the best use of public monies towards these efforts; and WHEREAS, both Leesburg and Loudoun County have Economic Development Commissions with a broad representation from the business community, capable of offering recommendations on tourism matters. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town's LEDC is hereby authorized to meet and work with the Loudoun County Economic Development Commission, in order to jointly recommend to Council and the Supervisors an appropriate future role for the town and county to take with Loudoun's tourism efforts. VOTE Aye: Nay: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None On motion of, and duly seconded, the meeting was adjourned. Clerk of Coul~cil ~ /J~mes E. Clem, Mayor CO 1/24/95 -8-