HomeMy Public PortalAbout1995_05_23TOWN COUNCIL MEETING MINUTES OF MAY 23, 1995
A regular meeting of the Leesburg Town Council was held on May 23, 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 Emswiller
SALUTE TO THE FLAG was led by Boy Scout Troop 683
ROLL CALL
Councilmembers present
George F. Atwell
Frank J. Buttery, Jr.
Jeweli M. Emswiller
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 Mason
Director of Planning, Zoning and Development Michael Tompkins
Director of Parks & Recreation Gary Huff
Deputy Town Attorney Deborah Welsh
Town Clerk Pro Tern Mary Mack
APPROVAL OF MINUTES
MOTION
On motion of Mr. Webb, seconded by Mr. Buttery, the regular meeting minutes of May 9, 1995, were
approved as written.
VOTE
Nay:
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
None
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the folk)wing proclamation was proposed and
unanimously adopted.
A PROCLAMATION
National Aquatic Week
May 27 - June 4, 1995
WHEREAS, individual and organized forms of recreation and the creative use of free time are vital
to the happy lives of all our citizens; and park and recreation programs throughout the Town of Leesburg
encompass a multitude of activities that can result in personal accomplishment, self-satisfaction and family
unity for all citizens, regardless of their background, ability level or age; and
WHEREAS, citizens of Leesburg should recognize the vital role that swimming and aquatic-related
activities relate to good physical and mental health and enhance the quality of life for all people; and
WHEREAS, the Town of Leesburg is extremely proud of the swimming facilities and aquatic
programs of this community and their contribution to providing all ages a healthy place to recreate, a place
to learn and grow, to learn to swim, build self-esteem, confidence and sense of self-worth which contributes
significantly to the quality ot lite in our community:
THEREFORE, BE IT RESOLVED that the Council of the Town of Leesburg in Virginia hereby
declares May 27 - June 4, 1995, as National ,*,q,~.t:'¢ Wrc,~ in the Tow~, nC ~_ e,~.~hv,? e,~ e~.coorages all
persons to take advantage of activities at the Ida Lee Recreation Cent,-.-.
VOTE
Nay:
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayer
None
PETITIONERS _
Chuck Jones, a resident of 112 Prince Street, N.E., addressed the Town Council in favor of agenda item 10.(o).
He urged the Council to proceed with the necessa~ improvements.
John Hester, representing Loudoun Baptist Temple, spoke in opposition of agenda item 10.(o).
Lorrie Smith, a resident of 205 Cato<tin Circle, N.E., expressed concerns with the proposed opening of
Cato<tin Circle.
Master Ben Smith, a resident of 205 Cato<tin Circle, N.E., representing the children in the area, discussed
traffic and safety issues. He questioned whether or not the town has the funding available for this project.
Peter Comandures, a resident of 508 Edwards Fer~j Road, N.E., spoke in opposition to the opening of
Cato<tin Circle, N.E..
Beth Bonfe, a resident of 412 Blue Ridge Avenue, N.E., spoke in opposition to the opening of Cato<tin Circle,
N.E.
Miss Lauren Bonfe, a resident of 412 Blue Ridge Avenue, N.E., asked that the Council not connect the streets
pointing out safety reasons.
Lucy Gruenther, a resident of 507 Blue Ridge Avenue, N.E., spoke in opposition to the Cato<tin Circle
connection.
Don Williams, a resident of 507 Blue Ridge Avenue, N.E., spoke in opposition to the opening of Cato<tin
Circle, N.E.
Diane Nelson, a resident of 227 Washington Street, N.E., spoke in opposition to the opening of Cato<tin
Circle, N.E.
Paul Krein~old, a resident of 207 Cato<tin Circle, N.E., addressed the Town Council in opposition to the
opening of Cato<tin Circle, N.E.
Stephanie Ezrol, a resident of 117 Cato<tin Circle, N.E., addressed the Town Council in opposition to the
opening of Cato<tin Circle, N.E.
Stan EzroL a resident of 1 !7 Cato<tin Circle, N.E., asked the Town Council to reject the study, noting the cost
of the study that did not provide complete information.
Mike Tommrv, a resident of 118 Cato<tin Circle, N.E., objected to the opening of Cato<tin Circle, N.E.,
pointing out the lack of space on Cato<tin to handle additional traffic.
Robert Montgomery, a resident of 121 Woodberry Road, Rd., N.E., expressed support of the study, the plans
and the connections and asked that traffic be dispersed evenly throughout the quadrant.
Rickv Shepherd, a resident of 223 Washington Street, N.E., spoke in opposition to the opening of Cato<tin
Circle, N.E.
William Smith, a resident of 205 Cato<tin Circle, N.E., stated safety, security, and serenity as three reasons
to reject the proposed connection of Cato<tin Circle, N.E..
Karen Stebbin% a resident of 602 Edwards Ferry Road, N.E., spoke in opposition to the connection of
Cato<tin Circle, N.E.
Peter Packard, a resident of 120 Woodberry Road, N.E., spoke in opposition to the connection of Cato<tin
Circle, N.E.
Lana Ke.lly, a resident of 404 Edwards Ferry Road, N.E. spoke in opposition to the connection of Cato<tin
Circle, N.E.
Barbara Africano, a resident of 210 Washington Street, N.E. spoke in opposition to the opening of Cato<tin
Circle, N.E.
Sara Foster,, a resident of Prince Street, spoke in opposition to the opening of Cato<tin Circle, N.E.
Eric Woodson, a resident of 117 Woodberry Road, N.E., opposes the opening of Cato<tin Circle, stating if
Woodberry Road is opened, then all of the streets in the area should be opened.
LEGISLATION
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10.(o) _
This item was referred back to the Planning and Zoning Committee.
Mayor Clem requested the Engineering Department provide the Council with a complete analysis of anything
associated with the traffic study results.
Ms. Umstattd asked that the option of no streets being opened, be considered.
Mr. Webb thanked the citizens for their comments this evening.
COUNCILMEMBER COMMENTS
Mr. Webb made no conunent.
Mr. Buttery asked for an update regarding ISTEA funds?
Mr. Huff responded the Town of Leesburgwas not selected to receive funding. He reported the town ranked
80th, with funding going to the first 32 projects. He continued, suggesting that BaHs Bluff be considered a
priority project.
Mr. Buttery questioned the status of the traffic fight project at Plaza Street and Edwards Ferry Road.
Mr. Brown stated the town hopes to have the project completed and operable by the Fall of 1995.
Ms. Umstattd announced a memorial service is scheduled on Memorial Day - May 29, 1995 at 11:00 a.m. on
the courthouse lawn with keynote speaker Senator WaddelL
Mr. Trocino made no comment.
Mr. AtweH made no comment.
Ms. Emswiller made no comment.
MAYOR'S REPORT
Mayor Clem asked that staff look into traffic adjustments at Route 7 East and the by-pass and encourages
drivers to be careful.
Mr. Trocino commented that the "No Left Turn" sign at King Street and Market Street is working but
recommends the hours be extended to prevent traffic from backing up.
Mayor Clem asked that movement commence regarding the airport contracts to put closure on that area of
the budget.
MANAGER'S REPORT
Mr. Brown reported on the attendance at the NVBIA breakfast meeting.
Mr. Brown promoted Public Safety Day at Cool Spring Elementary School scheduled for May 26, 1995.
Mayor Clem commented that the NVBIA meeting was very positive and that the town meet with the staff of
the NVBIA to resolve any inconsistencies.
LEGISLATXON
10.(a)
MOTION
On motion of Mr. Webb, seconded by Mr. Trocino, the following ordinance was proposed and adopted.
94-0-14 - AN ORDINANCE: AMENDING SECTIONS 15-14 (g) AND 19-23 (ti OF THE TOWN
CODE TO INCREASE WATER AND SEWER FEES AND RATES
WHEREAS, in November, 1994, the Town of Leesburg retained O'Brien & Gere Engineers, Inc. to
perform a water and sewer rate study; and
WHEREAS, their report was prepared and given to the Town Council on April 6, 1995; and
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WHEREAS, _a public hearing was held on April 11, 1995, on the rate study report and the
recommendations for new rates and rate structures that were contained in the rate study; and
WHEREAS, Ordinance No. 95-0-13 adopted on May 9, 1995 incorporated the majority of the rate
study recommendations, however the water and sewer availability fee recommendations were referred to
committee then back to full Council for consideration:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Chapter 15, Section 15-14 (g) of the Town Code is amended as follows:
Section 1S-14. Availability charge for sewer service.
(g)
Sewer service availability fees for non-residential uses shall be ~ $4,300.00 or more,
depending on the estimated sewage flow and required treatment characteristics from the user
as compared to the sewage flow and required treatment characteristics from the average
single-family dwelling. Fees shall be calculated as follows and shall increase by the rate of
four and one half percent per year beginning July 1, 1996:
All non-industrial uses: $3,7!5.90 $4,300.00 or $!0.6! $11.91 per gallon per day of the
estimated sewage flow from the user, whichever is greater.
All industrial uses: The greater of ~ $4,300.00 or ~ $11.91 per gallon per day
of the estimated sewage flow from the user, plus an additional charge in proportion to the
excess biochemical oxygen demand, suspended solids or other pollutant discharge of the user
above the average pollutant discharge of residential users of the system.
SECTION II. Chapter 19, Section 19-23 (g) of the Town Code is amended as follows:
Section
(g)
19-23. Availability charges for water service.
Water service availability fees for non-residential uses shall be ~ $2,760.00 or more,
depending on the estimated water flow to the user as compared to the water flow to the
average single-family dwelling. Fees shall be calculated as follows and shall increase by the
rate of four and one-half percent per year beginning July 1, 1996.
All other uses: ~ $2,760.00 or ~ $7.87 per gallon per day of the estimated
water flow to the user, whichever is greater.
SECTION III. This ordinance shall be in effect on July 1, 1995.
VOTE
Nay:
Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem
Councilmember Umstattd
10.0o)
MOTION
On motion of Mr. Webb, seconded by Mr. Trocino, the following ordinance was proposed and adopted.
95-O-15 - AN ORDINANCE: AMENDING SECTION 17-96 OF THE TOWN CODE TO REVISE THE
MEALS TAX RATE
WHEREAS, Ordinance No. 86-0-30 adopted on June 25, 1986, established the meals tax in the Town
of Leesburg; and
WHE~, Ordinance No. 91-0-22 adopted on June 25, 1991, increased the meals tax rate from two
percent to two and one-half percent; and
WHEREAS, a public hearing was held before the Town Council on April 11, 1995, to hear public
input regarding a proposed increase in meals tax from 2.5% to 4.0%; and
WHEREAS, Ordinance No. 954)-12 adopted on May 9, 1995, revised the definitionsof seller
restaurant and included the definition of purchaser; and
WHEREAS, the town's budget for fiscal year 1996 requires revenue from an increase in the meals
tax rate:
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THEREFOR_E, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
Section 17-96. Levy of Tax.
In addition to all other taxes and fees of any kind now or hereafter imposed by law, a tax is hereby
imposed and levied on each and every purchaser of each and every meal served, sold or delivered in the town
by a restaurant or caterer at the rate of We three and one-half percent of the amount paid for the meal.
There shall be no tax if the total amount paid is $0.50 or less; on larger
amounts a fractional cent of tax due shall be rounded to the next higher cent.
This ordinance shall become effective July 1, 1995.
VOTI~
Aye:
Nay:
Councilmembers AtwelL Buttery, Emswiiler, Trocino, Webb, and Mayor Clem
Councilmember Umstattd
lO.(d).fe).ffl.(e3.(h).(i).(i).(l).
MOTION
On motion of Ms. Umstattd, seconded by Mr. Buttery, the following resolutions were proposed as consent,
and unanimously adopted.
95-98 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN GREENWAY FARM SECTION 4A
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Greenway Farm Section 4A and certified that the value of work performed
is $162,800.00; and
WHEREAS, a corporate surety bond in the amount of $220,000.00 from American Home Assurance
Company was provided by the developer and approved by the Council to guarantee installation of public
improvements for Greenway Farm Section
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from American Home Assurance Company in the amount
of $220,000.00 is reduced to $57,200.00.
SECTION II. The Town Manager shall notify the developer that liability for the corporate surety bond
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 responsibilities outlined in the
contract for public improvements for Greenway Farm Section 4A.
95-99 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN GREENWAY FARM SECTION 4B
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Greenway Farm Section 4B and certified that the value of work performed
is $524,000.00; and
WHEREAS, a corporate surety bond in the amount of $655,000.00 from American Home Assurance
Company was provided by the developer and approved by the Council to guarantee installation of public
improvements for Greenway Farm Section 4B.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from American Home Assurance Company in the amount
of $655,000.00 is reduced to $131,000.00.
SECTION II. The Town Manager shall notify the developer that liability for the corporate surety bond
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 responsibilities outlined in the
contract for public improvements for Greenway Farm Section 4B.
95-100 oA RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN GREENWAY FARM SECTION 5
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
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improvements installe_d to date in GreenWay Farm Section 4A and certified that the value of work performed
is $564,955.88; and
WHEREAS, a corporate surety bond in the amount of $763,453.90 from American Home Assurance
Company was provided by the developer and approved by the Council to guarantee installation of public
improvements for Greenway Farm Section 5.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from American Home Assurance Company in the amount
of $763,453.90 is reduced to $198,498.02.
SECTION II. The Town Manager shall notify the developer that liability for the corporate surety bond
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 responsibilities outlined in the
contract for public improvements for Greenway Farm Section 5.
95-101 - A RESOLUTION: AU'I~ORIZING AN AGREEMENT AND WATER AND SEWER
EXTENSION PERMITS FOR OLD WATERFORD KNOLL SECTION 1
WHEREAS, the construction drawings for Old Waterford Knoll Section 1 have been approved; and
WHEREAS, the owner, First Hotel Investment Corporation, wishes to proceed with installation of
the public improvements without providing a performance guarantee; and
WHEREAS, the final plat for Old Waterford Knoll Section 1 cannot be recorded until all the public
improvements are completed and accepted by the Town Council or a performance guarantee acceptable to
the Town Council is provided by the developer.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Manager shall execute the contract for public improvements with First Hotel
Investment Corporation for the improvements shown on the plans approved by the Director of Engineering
and Public Works for Old Waterford Knoll Section 1.
SECTION II. The extension of municipal water and sewer for Old Waterford Knoll Section 1 is
approved in accordance with Sections 15-9 and 19-18 of the Town Code.
95-102 - A RESOLUTION: AUTHORIZING AN AGREEMENTAND APPROVING A PERFORMANCE
GUARANTEE FOR OLD WATERFORD KNOLL SECTION 1
WHEREAS, Council Resolution #95-101, adopted May 23, 1995, authorized an agreement with First
Hotel Investment Corporation for installation of public improvements and approved water and sewer extension
permits for Old Waterford Knoll Section 1; and
WHEREAS, the developer, First Hotel Investment Corporation, did not provide a performance
guarantee for the public improvements; and
WHEREAS, the final subdivision plat for Old Waterford Knoll Section 1 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 estimated cost to install the public improvements shown on the approved
construction drawings for Old Waterford Knoll Section I has been approved by the Director of Engineering
and Public Works at $1,129,468.00; and
WHEREAS, Richmond American Homes of Virginia, Inc. (Richmond American) has a contract with
First Hotel Investment Corporation to purchase Old Waterford Knoll Section 1 and the other sections of the
Old Waterford Knoll Subdivision; and
WHEREAS, Richmond American has requested approval of a contract for installation of public
improvements which would go into effect when Richmond American is the owner of Old Waterford Knoll
Section 1; and
WHEREAS, Richmond American proposes to provide a corporate surety bond from Frontier
Insurance Company in the amount of $1,129,468.00 to guarantee the installation of the public improvements
shown on the plans approved by the Director of Engineering and Public Works for Old Waterford Knoll
Section 1.
RESOLVED, by the Council of the Town of Leesburg in Virginia as follows:
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SECTION I. _The Manager shall execute a contract with Richmond American for installation of public
improvements for the improvements shown on the plans approved by the Director of Engineering and Public
Works for Old Waterford Knoll Section 1, which shall go into effect when Richmond American takes legal
fee simple title to Old Waterford Knoll Section 1.
SECTION II. The corporate surety bond in a form approved by the Town Attorney from Frontier
Insurance Company in the amount of $1,129,468.00 is approved as security to guarantee installation of the
public improvements shown on plans approved by the Director of Engineering and Public Works for Old
Waterford Knoll Section 1.
SECTION III. The contract for installation of public improvements authorized by Resolution #95-101
will be cancelled after the new contract and performance guarantee approved in Section I and II above are
executed and in effect.
95-103 - A RESOLUTION: REVISING STREET CLOSINGS FOR THE OPTIMIST CLUB'S OLDIES
DANCE AND CAR SHOW
WHEREAS, the Optimist Club of Leesburg has requested the closing of downtown streets on May
27 from 7:00 p.m. to 11:00 p.m. to conduct an Oldies Dance and Car Show; and
WHEREAS, Town Council authorized the closings of Market and King Streets pursuant to Resolution
95-81 adopted on April 11, 1995; and
WHEREAS, due to construction for the Loudoun County Government Center, Loudoun Street may
be closed during this period; and
WHEREAS, limiting the street closing to North King Street from north of Market Street to Cornwall
Street for the event will be necessary for proper traffic flow:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Resolution 95-81 authorizing the closing of Market and King Streets will remain in
effect if Loudoun Street is open.
SECTION II. Should Loudoun Street remain closed during May 27, Resolution 95-81 is therefore
rescinded and the street closings for the Oldies Dance and Car Show on May 27 from 7:00 p.m. to 11:00 p.m.
will be limited to North King Street north of Market Street to Cornwall Street.
SECTION III. Market Street and Cornwall Street shall remain open during the revised street closing.
95-104 - A RESOLUTION: AUTHORIZING THE SPONSORSHIP OF THE CEMETERY PROJECTS
COMMrETEE BY THE THOMAS BALCH LIBRARY
WHEREAS, the Cemetery Projects Committee searches for abandoned cemeteries throughout
Loudoun County to record ancestral information; and
WHEREAS, the Cemetery Projects Committee requests affiliation with the Thomas Balch Library
for historical and genealogical purposes; and
WHE~, the Cemetery Projects Committee has requested and received endorsement of the
Library Advisory Commission for sponsorship by the Thomas Balch Library:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Approval of sponsorship by the Thomas Balch Library is hereby granted.
SECTION II. The Town Manager shall insure proper indenmificationis obtained from the Cemetery
Projects Committee as approved by the Town Attorney.
95-105 - A RESOLUTION: ADOPTING THE FISCAL YEARS 1996-2000 CAPITAL IMPROVEMENT
PROGRAM
WHEREAS, Section 15.1464 of the 1950 Code of Virginia, as amended, authorizes the preparation
and annual review of a Capital Improvement Program (CIP); and
WHEREAS, the town manager submitted a proposed Capital Improvement Program to the Town
Council and Planning Commission on February 8, 1995; and
WHEREAS, the Planning Commission held a public hearing on the proposed CIP on March 2, 1995;
and
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WHEREAS, t_he Planning Commission has reviewed the CIP for compliance with the Town Plan and
on March 16, 1995 approved a motion to recommend the CIP for adoption by the Town Council; and
WHEREAS, the CIP provides a long-term plan for the financing, acquisition and construction of
capital facilities, projects and equipment in the amount of $45,263,804 over the next five years.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The proposed Capital Improvement Program for fiscal years 1996-2000 is hereby approved.
95-106 - A RESOLUTION: AUTHORIZING A CONTRIBUTION TO SPONSOR A RECLAIMING
OUR YOUTH PROGRAM ON JUNE 10, 1995
WHEREAS, Jeff Sims and Josephine Brown appeared at the May 16, 1995, Finance Committee
meeting to request funding for a Reclaiming Our Youth Program; and
WHEREAS, the program is to be heldon June 10, 1995, at Douglas Community Center; and
WHEREAS, the program will feature town Police Officer Doug Taylor, representatives of the
Washington Redskins and other motivational speakers designed to attract the town's youth; and
WHEREAS, the program's mission is to positively affect the youth of Leesburg and surrounding
communities:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
An appropriation in the amount of $2,000 is hereby authorized from the unappropriated general fund
balance to be contributed to Reclaiming Our Youth Program for June 10, 1995.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
Abstain: Councilmember Trocino, (d,e,f,g,h)
10.(n)
DISCUSSION
Mr. Brown summarized the budget resolution stating that this budget continues to be fiscally conservative.
Mr. Trocino asked if the remaining unallocated funds have been referred to the Finance Committee?
Mr. Brown stated yes.
MOTION
On motion of Mr. Webb, seconded by Mr. Trocino, the following resolution was proposed and adopted by a
role call vote.
95-107 - A RESOLUTION: APPROVING THE BUDGETAND MAKING APPROPRIATIONS FOR THE
FISCAL YEAR ENDING JUNE 30, 1996
WHEREAS, the budget and tax rates for the fiscal year ending June 30, 1996, have been presented
and reviewed by this Council in accordance with Section 4-2.1:1(b) of the Town Code and Section 15.1-160
of the 1950 Code of Virginia, as amended; and
WHEREAS, a public hearing on the proposed budget and tax rates was held on April 11, 1995; and
WHEREAS, Council met in budget workshop sessions in March, April and May, 1995; and
WHEREAS, the tax rates for 1995 real estate and personal property taxes will remain unchanged at
$.205 and $1.00 respectively, per $100 of assessed valuation in accordance with Resolution No. 95-97 adopted
on May 9, 1995.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager's proposed budget as amended to include the adjustments proposed in
the General Fund is adopted and appropriations are made for the fiscal year ending June 30, 1996, in the
amounts shown to the categories and accounts for the general fund $13,494,097, utility fund $8,836,644, airport
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fund $4,213,354 ancL capital project funds $10,588,163, provided that capital project funds appropriations
remain in effect until the projects are completed.
SECTION II. The manager is authorized to transfer appropriations made herein to accounts within
the same departmental budget as long as the total appropriation for the departments is not adjusted.
DISCUSSION
Mr. Webb asked that the decision to approve the 3 police officer positions be delayed until the new police
chief is hired and is able to set up his organization.
Mr. Brown considered Mr. Webb's comments excellent and agreed.
Ms. Emswiller asked if the Council could meet Mr. Webb's request and still vote on the budget as it is?
Mayor Clem stated yes, explaining that the three positions have been funded but the Council has not voted
on a companion piece of legislation which will be forthcoming. That legislation indicates the Police
Department increases by three people. There will be additional legislation which the Council will vote on
before the process is complete.
Mr. Brown stated that the Police Chief will be hired in time to make these types of decisions by July 1.
Mr. Trocino stated the Council makes the final decision regarding the number of staff and if the new chief
has recommendations regarding such, the Council would hear from him or her.
Mr. Brown concurred with Mr. Trocino.
Ms. Emswiiler expressed concern that the Council is not putting closure on the issue of the number of police
officers, pointing out the delay of approval for the 3 additional officers. She stated she will not support the
new police chief changing the policy the Council sets.
Mayor Clem stated the new chief is not authorized to do so.
Ms. Emswiller stated she would like to vote on the budget that the Council has worked on.
Ms. Umstattd stated having different view points makes a stronger Council. She stated she will vote against
this budget, because it took a meals tax increase to balance it.
Mr. Trocino considered this budget a progressive budget. He called it fiscally conservative and stated he was
proud of the document.
Mr. Atwell stated this been one of the most unusual budget processes he has been through. He considers this
evening's mention of three additional police officers a moot question, because the budget appropriation is for
July 1. He stated he is comfortable with the budget the Council agreed upon, but is uncomfortable with the
process. He considers the document a good budget because everyone had to compromise to get to the bottom
line. He stated he will vote for the resolution, but added that he will be making some strong
recommendations after July 1.
Mayor Clem echoed Mr. Atwell's comments stating that he shares the responsibility of the decisions made in
the budget. He discussed the possibility of a 2 year budget and pointed out that the overall debt service has
lowered from 22% to 19%.
Ms. Emswiller suggested the Council set a date to meet and critique the manner in which the budget is
addressed in order to be better prepared for next year.
ROLL CALL VOTE
Aye: Counciknembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem
Nay: Councilmember Umstattd
NEW BUSINESS
MOTION
On motion of Mr. Webb, seconded by Mr. Buttery, the following resolution was proposed and unanimously
adopted.
95-108 - A RESOLUTION: AUTHORIZING AN AGREEMENTAND APPROVING A PERFORMANCE
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GUARANTEE FOR EVANS RIDGE OFFSITE ROAD IMPROVEMENTS
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 Evans Ridge Offsite Road
Improvements.
SECTION II. The corporate surety bond in a form approved by the town attorney from the Seaboard
Surety Company in the amount of $180,000.00 is approved as security to guarantee installation of the public
improvements shown on plans approved by the Director of Engineering and Public Works for Evans Ridge
Offsite Road Improvements.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
Na3c None
MOTION
On motion of Mr. Webb, seconded by Mr. Buttery, the following resolution was proposed and unanimously
adopted.
95-109 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR EVANS RIDGE
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 Evans Ridge.
SECTION II. The extension of municipalwater and sewer for Evans Ridge is approved in accordance
with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The coxporate surety bond in a form approved by the town attorney from the
Seaboard Surety Company in the amount of $730,000.00 is approved as security to guarantee installation of
the public improvements shown on plans approved by the Director of Engineering and Public Works for Evans
Ridge.
VOTE
Aye: Counciimembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
MOTION
On motion of, and duly seconded, the meeting was adjourned at 9:52 p.m.
~2~rk of Council
J Clen~ Mayor
CO5/2395 -10-