HomeMy Public PortalAbout1995_02_14 TOWN COUNCIL MEETING MINUTES OF FEBRUARY 14, 1995
A regular meeting of the Leesburg Town Council was held on February 14, 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 Webb
SALUTE TO THE FLAG was led by Weblos Pack 954
ROLL C,~LI.
Councilmembers present
George F. Atwell
Frank J. Buttery, Jr.
Jewell M. Emswiiler
Joseph R. Trocino
Kristen C. Umstattd (absent)
William F. Webb
Mayor James E. Clem
Staff members present
Town Manager Steve Brown
Director of Engineering and Public Works Thomas Mason
Chief of Police James Kidweli
Public Information Officer Susan Farmer
Town Attorney George Martin
Town Clerk Barbara Messinger
APPROVAL OFMINUTES
MOTION
On motion of Mr. Webb, seconded by Mr. Buttery, the special meeting minutes of November 21, 1994,
January 17, 1995, January 31, 1995, and the regular meeting minutes of January 24, 1995 were approved as
written.
VOTE
Nay:
Absent:
Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem
None
Councilmember Umstattd
PROCLAMATIONS
MOTION
On motion of Mr. Webb, seconded by Ms. Ems-wilier, the following proclamation was proposed and adopted.
PROCLAMATION
AMERICAN CANCER SOCIETY
DAFFODIL DAYS
WHEREAS, cancer strikes in three of four families, and there were over 200 cases in Loudoun
County last year; and
WHEREAS, the citizens of Leesburg look to the American Cancer Society for hope in the fight
against cancer through its programs of research, education, and patient service; and
WHEREAS, the daffodil is the first si~n of spring and a symbol of hope; and
WHEREAS, the American Cancer Society, through its Daffodil Days, raises money that will support
its efforts to eliminate cancer as a major health problem.
THEREFORE, BE 1T RESOLVED, that I, James E. Clem, Mayor of the Town of Leesburg, do
hereby proclaim March 14, 1995 to be the official American Cancer Society Daffodil Day and in so doing, urge
all citizens to play their part in cancer control by supporting the American Cancer Society as it spreads its
message of hope.
vOTE
Aye:
Councilmembers Atwell, Buttery, ~r, Trocino, Webb, and Mayor Clem
Mayor Clem asked for the status of thc Edwards Ferry Road widening?
Mr. Brown stated that the town is waiting for the final design from the engineers.
Mayor Clem asked Mr. Brown to inform the police officers, hired under the grant proposal, that the positions
are for a three to four year period only. Hopefully the town can continue their employment but at this time
that could not be guaranteed.
He a~ked that the department directors begin appearing before the council to update the council on
department activities.
Ms. Emswiller announced that the tourism task force will hold a public hearing in the council chambers on
February 22 at 7 p.m.
MANAGEWS REPORT
Mr. Brown stated the 12 page memo to the Town Council regarding the Fox Chapel/Plaza Street extension
would be recopied this week.
Mr. Brown highlighted the Activity Report.
LEGISLATION
10.(a).Co).fc).(d)
MOTION
On motion of Mr. Webb, seconded by Mr. Buttery, the following resolutions were proposed as consent and
unanimously adopted.
95-23 A RESOLUTION: ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAIbrEENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE K-MART BUILDING
EXPANSION
WHEREAS, K-Mart Corporation, the developer of the K-Mart Building Expansion has completed
the public improvements in accordance with approved plans and town standards, and these have been
inspected and approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows:
SECTION I. The corporate surety bond from the Aetna Life and Casualty in the amount of
$30,000.00 is released, a new security in a form approved by the town attorney for a maintenance guarantee
in the amount of $1,500.00 is approved, and shall be in effect for a period of one year from this date.
SECTION II. This release is contingent upon delivery of a properly executed instrument conveying
unto the town all such improvements and easements free of any liens or charges.
95-24 - A RESOLUTION: AUTHORIZING AN APPROPRIATION FOR STREET TREE
EVALUATION AND REMOVAL
WHEREAS, The Care of Trees from Herndon, Vir~nia, presented an inventory of street trees to
Town Council in September, 1994; and
WHEREAS, the inventory listed eight trees that are dead or beyond salvage that should be removed
as soon as possible and eight more that should be evaluated for removal; and
WHEREAS, the town Engineering and Public Works Department has estimated that the removal of
eight trees, the evaluation of eight more and the removal of three of those eight trees evaluated would cost
no more than $15,000.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
To ensure the safety of town streets an appropriation of no more than $15,000 is hereby authorized
from the unappropriated general fund balance for the purpose of evaluating and removing town street trees.
95-26 A RESOLUTION: ALLOCATING ADDITIONAL FUNDS FOR SPECIAL EVENT
ADVERTISING REMAINDER OF FY 95
WHEREAS, events sponsored by the Department of Parks and Recreation enhance the recreational,
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Eleanor German, President of the Fox Chapel HOA, stated she received a letter from VDOT regarding the
· Plaza Street extension project and the resident's concerns. VDOT has no intention of changing the plans for
this project. She expressed the need for a 16' noise barrier.
Elizabeth Gibney, a resident of Fox Chapel, addressed the Town Council expressing concerns with a decrease
in property values as a result of the Plaza Street extension.
Bob Lorenz, a resident of Lounsbury Court, suggested traffic alternatives for the Catoctin Circle extension.
Nancy Jessup, a resident of Fox Chapel, requested a sound barrier or protective fence as well as a planting
of trees when the Plaza Street extension is constructed.
Sharon WelLs, presented a living history proposal for downtown Leesburg.
COUNCILMEMBER COMMENI~
Ms. Emswiller thanked everyone for attending the council meeting and expressed optimisum with regard to
working with VDOT on the Plaza Street Extension project.
Ms. Emswiller thanked Mayor Clem for the Daffodil Day Proclamation and encouraged the support of the
American Cancer Society.
Ms. Emswiller referenced an article in a local paper which incorrectly quoted her. Ms. Emswiller clarified that
she voted against an application last fall because it was not in conformance with the Town's Comprehensive
Plan. She expressed the importance of remaining consistent.
Mr. Atwell had no comment.
Mr. Webb stated the Plauning Commission has held 3 meetings, to date, on the Town Plan review. He
announced the next meeting is scheduled for February 22, 1995 at ? p.m. at the Stonehouse in Exeter.
He stated Cable franchise issues are being ironed out.
Mr. Buttery commended the Street Department staff for recent snow removal efforts.
He asked for the status of the Robinson and Carvale Parks.
Mr. Trocino assured the Fox Chapel residents that the council will do everything posm~ole to see that noise
protection is addressed at the Fox Chapel Condominiums.
He announced that a meeting, regarding a county-wide master plan for the arts, is scheduled next week at the
Stonehonse Tea Room.
He encouraged citizen interest in the town's newly created Tree Commission.
Mr. Trocino asked Council to endorse and move forward on the concept of an H-3 District.
Mr. Trocino invited everyone to attend the groundbreaking for the county complex on February 15, 1995.
He discussed annexation in the town and asked the council to move forward with the issue.
Mr. Trocino requested that the Town Council be informed of emergency situations in the town and asked for
a process to inform the Council of such events.
MAYOR'S REPORT
Mayor Clem attended the VML meeting in Richmond along with other councilmembers, Mr. Brown and Mr.
Frank Ratio.
He attended the Dodona Manor Ceremony and thanked Powell Harrison and his staff for their efforts in
acquiring the necessary funds to take possession of Dodona Manor.
Mayor Clem received a letter/questionnaire from VDOT regarding the Route ? entrance to Leesburg~
cloverleaf repair and completion. He stated the funds are now available for construction to begin.
Mayor Clem asked Mr. Brown for the status of the Water and Sewer Rate Study?
Mr. Brown advised the Mayor that the issue would be on the February 21, Finance Committee agenda for
consideration.
C0~1495 -3-
Ms. Emswiller asked Mr. Mason if there is a current traffic study?
Mr. Mason responded there was a study prepared at the preliminaryplat stage for the Exeter Hills subdivision.
Ms. Emswiller expressed concern with spending the $12,000 if the town does not intend to connect the current
streets. She stated it does not serve the town's citizens well to change a comprehensive plan unless there is
an overriding good for everyone.
Ma¥~r Clem stated he would vote against the resolution. He considered $12,000 too much money to spend
on just two blocks. He added, if a study is to be done it should be done properly, and include all the streets
involved.
Mr. Atwell stated he would vote against the resolution, but would support a traffic study.
Mr. Buttery stated he would also vote against the resolution but believes a study of the area to determine how
the town could lessen the impact of traffic is needed.
Resolution 10. (e) was not adopted.
~0.(0
MOTION
On motion of Mr. Trocino, seconded by Mr. Webb, the following resolution was proposed and adopted.
95-28 - A RESOLUTION: REQUESTING THE VIRGINIA GENERAL ASSEMBLY TO APPROVE
SUBSTITUTE HOUSE BILL NO. 1590 TO AMEND THE CODE OF VIRGINIA
TO ALrI~ORIZE CERTAIN TOWN TO RAZE CERTAIN BUILDINGS
WHEREAS, on December 14, 1993, the Leesburg Town Council adopted Resolution No. 93-239,
requesting the Vir~nia General Assembly to amend the Leesburg Town Charter relating to the authority of
the town to remove or repair certain fire damaged buildings; and
WHEREAS, Delegate Joe May introduced House Bill 50 during the 1994 General Assembly Session
in response to this resolution and request for legislative assistance; and
WHEREAS, House Bill 50 was not acted upon favorably by the House Committee on Counties, Cities
and Towns during the 1994 General Assembly Session and was continued to the 199~ Session; and
WHEREAS, House Bill 50 was removed from the 1995 session docket on December 8, 1994; and
WHEREAS, Delegate Joe May, Delegate William Mim~ and Senator Charles Waddell introduced
House Bill No. 1590 on January 11, 1995, as a modified version of the previous House Bill No. 50; and
WHEREAS, an amendment to House Bill No. 1590 in the nature of a substitute was proposed by the
House Committee on Counties, Cities and Towns on February 3, 1995, and was subsequently passed by the
House of Delegates; and
WHERF~S, the substitute House Bill 1590 is presently being considered for adoption by the Virginia
Senate during the 1995 Vir~nia General Assembly; and
WHEREAS, the Leesburg Town Council held an additional public hearing on February 8, 1995, in
accordance with Section 15.1-835 of the Code of Vir~nia, as amended, to consider the requested amendment
to the Leesburg Town Charter, and the now substituted House Bill 1590; and
WHEREAS, the Leesburg Town Council supports the passage of the 1995 substitute House Bill No.
1590 as being in the interest of the public health, safety and welfare of its citizens:
THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Council hereby requests that the Vir~nia General Assembly approve substitute House Bill
No. 1590 to amend the Code of Virginia to authorize certain town to raze certain buildings as follows:
That any town having a population between 16,200 and 20,200 according to the United States census of 1990
in which is located one or more buildings that have been destroyed by fire or natural disaster and have been
appraised by a qualified real estate appraiser as having no value, by ordinance, may undertake or contract to
raze such buildings at the town's expense. Prior to such razing, written notice shall be sent by certified mail
to the owners of such buildings that, after sixty days from the date of the notice, the town may raze the
buildings at the town's expense.
C021495 -6-
historical and cultural opportunities in the town; and
WHEREAS, town sponsored events attract a large number of visitors and tourists to the town; and
WHEREAS, these visitors provide a boost to town merchants and in turn increase town revenues
through meals, lodging and sales taxes; and
WHEREAS, adequate advertising is necessary in order to inform the public of events and help insure
good'attendance; and
WHE~, the town has in place a comprehensive annual advertising program with placement
scheduled for town sponsored events; and
WHEREAS, due to unexpected losses at past events from rain, the Department of Parks and
Recreation cannot guarantee funds for advertising the spring events.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An
appropriation of $4,000.00 is hereby authorized from the unappropriated general fund balance to be placed
in the Department of Economic Development's contractual services account to fund the Department of Parks
and Recreation advertising planned for the 1995 Flower and Garden Festival.
95-27 - A RESOLUTION: AU'I~ORIZING A CONSTRUCTION CONTRACT FOR THE MIDDLE
TUSCARORA CREI~K SEWER PROJECT
WHEREAS, by Resolution 94-90, Council approved establishment of the Middle Tuscarora Creek
Sewer project for construction in FY 95; and
WHEREAS, this project was duly advertised and a public bid opening held on January 27, 1995,
pursuant to local and state public procurement laws; and
WHEREAS, the lowest responsive bid was received from H.I. Schneider Construction, Inc., of
Cranberry Township, Pennsylvania, in the amount of $334,334.00; and
WHEREAS, the town's consultant engineer, CH2M Hill, has reviewed the bids and bidders and found
H.J. Schneider Construction, Inc., to be a responsible bidder;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is hereby directed to enter into a contract with H.I. Schneider Construction, Inc.,
in a form approved by the town attorney, in the amount of $334,334.00 for construction of the Middle
Tuscarora Creek Sewer.
VOTE
Aye:
Nay:
Absent:
lO.(e)
DISCUSSION
Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem
None
Councilmember Umstattd
Mr. Webb stressed the need for a study of the entire area.
Mr. Buttery_ stated he is interested in lessening the traffic impact in the entire area. He stated he would
support the resolution if the funds would be used for more than just a traffic count.
Mr. Trocino concurred with Mr. Buttery stating if a study is going to be conducted it should include the impact
on the current streets involved.
Mr. Atwell asked for a clarification of the traffic study.
Mr. Mason defined the traffic analysis.
Mr. Atweil asked for details of the engineering study and what can be expected of it.
Mr. Mason provided Mr. Atwell with details of the engineering study.
Mr. Atwell suggested doing a traffic study first.
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VOTE
Aye:
Nay:
Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem
None
Absent: Councilmember Umstattd
NEW BUSINESS
Budget Worksessions will be held every Wednesday at 4:30 p.m., be~nning March 1, 1995.
10.(e)
Mr. Trocino suggested giving the town manager direction to amend the town plan to delete the Catoctin Circle
connection.
Mr. Webb stressed the need to know the best alternative.
MOTION
On motion of Mr. Trocino, seconded by Mr. Webb, the following resolution was proposed and adopted as
amended by Ms. £mswiHer.
95-29 A RESOLUTION: AUTHORIZING A TRAFFIC STUDY OF TRANSPORTATION
ALTERNATIVES IN LEESBURG'S NORTHEAST QUADRANT AND
MAKING AN APPROPRIATION
WHEREAS, the town's Planning Commission on December 15, 1994, requested Town Council
assistance regarding transportation alternatives in the northeast quadrant to effectively accommodate
increasing development; and
WHEREAS, funds are not included in the current general fund operating budget to provide the
necessary traffic study; and
WHEREAS, the Council's Planning and Zoning Committee on January 3, 1995, and January 17, 1995,
considered the issue of connecting Catoctin Circle, N.E., Marshall Drive, North Street, Queen Street,
Washington Street, and Ma)flair Drive through proposed new developments and the effect of such connections
on existing residents; and
WHEREAS, town staff has prepared the various scenarios for road connection analysis by an
engineering consultant.
THEREFORE, RESOLVED by the Council in the Town of Leesburg in Vir~nia as follows:
SECTION I. The attached scenarios are to be considered by the town's engineering consultant and
the traffic consequences of each scenario is to be evaluated.
SECTION II. A recommendation is to be provided regarding which scenario is most appropriate.
SECTION III. An appropriation of no more than $7,150.00 is hereby authorized from the
unappropriated general fund balance to fund this traffic study.
VOTE
Aye:
Nay:
Absent:
Councilmembers Atwelk Buttery, Emswiller, Trocino, Webb, and Mayor Clem
None
Councilmember Umstattd
MOTION
On motion of, and duly seconded, the meeting'was adjourned at 10 p.m.
Clerk of Council
C021495 -7-
fftJames E. Clem, Mayor