HomeMy Public PortalAbout1996_06_11 (2)TOWN COUNCIL MEETING MINUTES OF JUNE 11, 1996
A regular meeting of the Leesburg Town Council was held on June 11, 1996, at 7:30 p.m., in the
Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by
Mayor Clem.
ROLL CALL
Councilmembers present
George F. Atwell
J. Frank Buttery, Jr.
Jewell M. Emswiller
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem
Staff members present
Town Manager Steven C. Brown
Deputy Town Manager Gary Huff
Director of Engineering and Public Works Thomas A. Mason
Director of Planning, Zoning and Development Michael Tompkins
Director of Parks and Recreation Kaj Dentler
Assistant Town Manager for Economic Development John Henry King
Planners Kristie Lalire and Marilee Seigfried
Chief of Current Planning Lee Phillips
Chief of Comprehensive Planning Gerry Mucci
Public Information Officer Susan Farmer
Town Attorney George Martin
Town Clerk Barbara Markland
APPROVAL OF MINUTES
MOTION:
On motion of Mr. Buttery, seconded by Mr. Webb, the regular meeting minutes of May 14, 1996 were
approved as submitted.
VOTE:
Aye:
Nay:
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
None
PROCLAMATION:
MOTION:
On motion of Mr. Trocino, seconded by Ms. Umstattd, the following proclamation was proposed and
adopted.
AMATEUR RADIO WEEK
JUNE 16 - 22, 1996
WHEREAS, the Radio Amateurs in and around the Town of Leesburg have demonstrated their
value in public assistance by providing radio communications for public events and emergencies; and
WHEREAS, these Amateur Radio operators donate these services free of charge to the
Community, in the interest of all citizens of Leesburg and Loudoun County; and
WHEREAS, these Amateur Radio operators are on alert for any emergency, local or world-wide,
and practice their communication skills during the annual American Radio Relay League Field Day
exercise; and
WHEREAS, this year's Amateur Radio Field Day emergency communications exercise will take
place on June 22 and 23, 1996:
THEREFORE, the Mayor and Town Council of the Town of Leesburg hereby proclaim the week
of June 16 througi~ June 22, 1996 as Amateur Radio Week in recognition of this important emergency
preparedness exercise, and call upon all citizens to recognize and support the Amateur Radio operators
of our community.
Mr. Tom Dausen, representing the amateur radio operators was present to receive the proclamation.
Mr. Dausen invited the Town Council to attend the event at Ida Lee Park on June 22, 1996.
PETITIONERS
Mr. Angel Mulgado, addressed the Town Council regarding the opening of his business in the Balls Bluff
Tavern. Mr. Mulgado is seeking to open an adult entertainment establishment in the referenced location
and requested the Council's support.
Mayor Clem stated the Council is opposed to any such business in the Town of Leesburg.
Mr. Peter Kalaris, addressed the Council regarding the Leesburg South development.
Mr. Alton Echols also addressed the Council regarding the Leesburg South development.
Mr. Hubbard Turner, a resident of Leesburg, asked that the Council ensure that the Battlefield Parkway
terminates at the Greenway. The Council should not deviate from the original plan.
7.a. Public hearing to consider Special Exception Application #SE-96-06 Nelson Home Day Care.
Ms. Seigfried presented the staff report.
Ms. Nelson, the applicant, addressed the Council stating she has received state licensing and is approved
to care for ten children.
No public comment was received.
Mr. Webb pointed out that at the Planning Commission level only positive public comment was received.
MOTION:
On motion of Mr. Webb, seconded by Ms. Umstattd, the following ordinance was proposed and adopted.
96-0-18 - ORDINANCE -APPROVING SPECIAL EXCEPTION #SE-96-06 HOME-BASED DAY
CARE, BY CAROLYN NELSON
WHEREAS, Carolyn Nelson has requested approval to operate a child care center in the R-4
zoning district from a residence at 1121 Janney Street S.W. Leesburg, Virginia; and
WHEREAS, a child care center is a special exception use in the R-4 zoning district; and
WHEREAS, on May 16, 1996, the Planning Commission forwarded #SE-96-06 to Council with
a recommendation of conditional approval; and
WHEREAS, on June 11, 1996, the Town Council held a public hearing on this application; and
WHEREAS, the proposed use meets the general review criteria set forth in the special exception
regulations of the Zoning Ordinance.
SECTION I. Special exception application #SE-96-06 Home-Based Day Care, by Carolyn Nelson,
1121 Janney Street S.W., Leesburg, Virginia, as identified in the Loudoun County Tax Records as Tax
Map 48N((9)), Parcel 239, is hereby approved subject to the following conditions:
1. The total number of children cared for shall not exceed twelve during a twenty-four hour
period.
2. The hours of operation shall not be extended beyond the current hours of operation, 7:30
a.m. to 6:00 p.m.
SECTION II. This ordinance shall be in effect upon its passage.
VOTE:
Aye:
Nay:
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
None
7. b. Public hearing to consider repeal of the Planning Commission's authority to act on variatiov, s of
CO 6/11/96 -2-
lot width and area requirements.
Mr. Phillips provided the staff report.
No public comment was received. This matter was referred to the June 18, 1996 Planning and Zoning
Committee meeting for further consideration.
7.c. to consider the proposed Comprehensive Town Plan.
Mr. Mucci presented the staff report.
Ms. Heidi Malacarne, a resident of Leesburg, addressed the Council with several concerns regarding the
proposed plan.
Ms. Pam Bowers, representing the Loudoun County Town Plan Land Use Review Committee, requested
an additional two weeks before submitting comments from the county.
Mr. Peter Kalaris, representing the Leesburg South development, addressed the Council with regard to
the proposed town plan. Hc requested amendment to the Mixed Business II category of thc proposed
town plan to permit a small shopping center. With regard to the entire development, Mr. Kalaris
suggested this area bc designated appropriate for a development for a variety of senior citizen or empty
next/residential development.
Mr. Marc Weiss, addressed the Council representing a group of Leesburg business and property owners
that comprise a large portion of the town's existing commercial tax base. The group is concerned about
the implication of the policies expressed in the draft plan, particularly the land use policy map.
Mr. Stuart Pass, a resident of Reston, Virginia and an economic consultant, addressed the Council
representing a wide-range of local business people, retail tenants and property owners regarding concerns
about changes to the current town plan.
Mr. Richard Keller, with Kellerco Transportation Planning Company in Leesburg, addressed the Council
regarding the land use portion of the draft town plan.
Mr. John Wallace., a resident of 212 Browns Meadow in Leesburg and owner of Leesburg Plaza Shopping
Center, addressed the Council stating there is already too much retail space that has not yet been leased.
He asked that the Council postpone approving additional retail uses for at least five years.
Mr. Alton Echols, representing the Leesburg South Development, addressed the Council with regard to
the development and the need for a 30 percent senior citizen use.
Ms. Carmel Hazard addressed the Council opposed to outlet malls on Route 7.
Mr. Robert E. Sevila, representing Tuscarora Associates LC & HP, developers of the Tuscarora Business
Park addressed the Council in support of outlet malls.
Mr. Jeff Sex, representing HP Companies of Fairfax, Virginia, spoke in support of outlet malls.
Mr. Jim O'Donnel, owner of Ledo's pizza, addressed the Council in opposition of the proposed outlet
malls.
Mr. Bob Primack, a resident of Leesburg, spoke in opposition of the land use section of the proposed
town plan.
Ms. Mary Beth Perucci, representing Battlefield Shopping Center, spoke in opposition to outlet malls.
Mr. Alan Furman, a resident of Linden Hill Way in Leesburg, addressed the Council stating the draft
town plan is a good document. He expressed support of a "reasonable" outlet mall.
Mr. Hubbard Turner, a resident of the Country Club Subdivision, addressed the Council stating the
proposed draft town plan is grossly inadequate in areas of land use, transportation and economic
development.
Mr. Mark Silverwood, a resident of 407 South King Street, addressed the Council in opposition to outlet
malls. He stated the transportation plan needs to be looked at closely.
Ms. B. J. Webb, addressed the Council speaking as a private citizen, encouraged the Town Council to
CO 6/11/96 -3-
decide what their vision of the Town of Leesburg is for the next 5, 10 and 20 years. The Council should
look at all regional issues, as well.
Mr. Kevin Goeller., a commercial broker, encouraged the Council to look carefully at the east side of
Route 7.
Ms. Barbara Fried, representing Prosperity Center, expressed support of the outlet malls, citing fiscal
benefits and a competitive market.
Ms. Laura Dutton, expressed concern about the proposed changes in the town plan. Ms. Dutton
expressed opposition to the proposed outlet malls.
Mr. Bob Zoldas, a resident of 15 Country Club Drive, addressed the Council stating the Council should
give a lot of consideration to the proposed town plan. He stated it is in need of a lot of work.
The Clerk of Council read into the record two letters. The first was received from Mr. Brian P. Ours
of the Virginia Village Shopping Center in opposition to outlet malls. The second letter was received
from Mr. Joseph B. Humphries, Vice President of Jefferson National Bank in opposition to the proposed
outlet malls.
The Mayor closed the public hearing. He stated that the Town Council and planning staff will conduct
weekly meetings to discuss the proposed town plan in detail.
COUNCILMEMBER COMMENTS
Ms. Emswiller thanked all of the speakers this evening for expressing their concerns and ideas. She
stated it is important for this Council to be consistent in their decision making.
Ms. Emswiller thanked Barbara Markland, Clerk of Council for her efforts as Chairperson for the 1996
American Cancer Society's Relay for Life Event.
She expressed support of the new format being used for the Manager's Report.
Ms. Emswiller stated tandem trucks will not be allowed on Route 15.
Mr. Atwell stated this would be his last attendance at a Council meeting. He expressed and fond and
affectionate farewell.
Mr. Trocino expressed concern about the impact of outlet malls in the Town of Leesburg.
He recently attended a conference on community policing.
Ms. Umstattd also thanked Barbara Marldand, Clerk of Council for her efforts as Chairperson for the
1996 American Cancer Society's Relay for Life Event.
Mr. Buttery thanked Mr. Atwell for his service to the town and citizens as a Leesburg Councilmember.
He pointed out that a new traffic plan is being prepared for the July 4th event at Ida Lee Park.
Mr. Buttery commended and thanked all of the school teachers in Loudoun County for their efforts and
hard work during the past year.
Mr. Webb thanked Mr. Atwell for his service to the town during the past four years. He stated it has
been a pleasure working with Mr. Atwell.
Mr. Webb commended the Board of Supervisors for passing legislation regarding the Harper House.
Mr. Webb questioned the number of town residents who purchase town water but not sewer?
MAYOR'S REPORT
Mayor Clem thanked Barbara Markland, Clerk of Council for her efforts as Chairperson for the 1996
American Cancer Society's Relay for Life Event.
He pointed out that severe flooding occurred in the area of Wilson and Pershing Avenues, suggesting
the town look into this as soon as possible.
CO 6/11/96 -4-
Mayor Clem too thanked Mr. Atwell for his service to the town during the past four years.
MANAGER'S REPORT
Mr. Brown briefly highlighted the Activity Report.
LEGISLATION
11. (b) was referred to the June 18, 1996 Planning and Zoning Committee agenda for further
consideration.
11. (c)
MOTION:
On motion of Mr. Webb, seconded by Mr. Buttery, the following ordinance was proposed and adopted.
96-0-19 - ORDINANCE - AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING
REVISED PAY AND CLASSIFICATION PLAN
WHEREAS, the town's pay and classification plan must be reviewed to be consistent with the
proposed FY 97 Budget; and
WHEREAS, in order to maintain a consistently high level of service the number of positions
should be revised.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 12.1-10 of the Town Code, classification of town employees by occupational
group and pay grades, is amended to read as follows:
Sec. 12.1-10. Classification of town employees by occupational groups and pay grades.
Employees in the town service are classified in the following occupational groups and pay grades:
Occupational
Groups Position Pa~ ~
Executive-Managerial
Law Enforcement
Administrative-Clerical
Director of Engineering/Public Works 16
Chief of Engineering 14
Director of Utilities 15
Director of Finance 15
Director of Planning, Zoning 15
and Development
Chief of Police 15
Director of Parks and Recreation 15
Deputy Town Manager 15
Asst. Town Manager for Economic Development 13
Parking Control Officer 3
Police Officer 8
Police Officer 1st Class 9
Corporal 10
Sergeant 11
Lieutenant 12
Captain 13
Investigator 10
Clerk Typist 3
Police Records Assistant 3
Secretary I 3
Accounting Clerk I 3
Library Assistant 4
Accounting Clerk III 7
Administrative Secretary 5
Zoning & Development Asst.
Planning & Zoning Asst. 7
Executive Secretary 7
Clerk of Council 9
CO 6/11/96 -5-
Supervisory
Technical
Professional
Construction/Maintenance
Personnel Manager
Public Information Officer
Desk Clerk
Parking Attendant
Superintendent Equipment Maintenance
Water Supply Superintendent
Superintendent Buildings
Grounds and Maintenance
Utility Lines Superintendent
WPCF Superintendent
Asst. Director of Finance
Asst. Director of Utilities
Landscape Architect
Asst. Director Recreation
Center Supervisor Manager
Library C, oor4inat~ Manager
Recreation Supervisor
Bldg. Supervisor Parks & Recreation (p/t)
Utility Maintenance Mechanic
Heavy Equipment Operator
Finance Technician
Asst. Super. Bldgs, & Grounds
Airport Manager
Senior Plant Operator
Utility Plant Operator
Utility Plant Operator Trainee
Infiltration/Inflow Technician
Asst. Supt. Utility Lines Construction
Asst. Supt. Utility Lines Maintenance
Superintendent Utility Plant Maintenance
Contracts Administrator
Cross-Connection Compliance Officer
Asst. WPCF Supt.
Construction Inspector
Asst. Zoning Admin.
Assistant Superintendent Equip. Maint.
Systems Technician
Meter Technician
Recreation Attendant (Part-time)
Child Care Attendant (Part-time)
Lifeguard I (Part-time)
Lifeguard II (Part-time)
Lifeguard III (Part-time)
Assistant Camp Instructor (Part-time)
Weight Room Attendant (Part-time)
Desk Clerk (Part-time)
Program Aide (Part-time)
Asst. Swim Coach (Part-time)
Camp Instructor (Part-time)
Birthday Clown (Part-time)
Swim Coach (Part-time)
Preschool Teacher (Part-time)
Aquatic Instructor I (Part-time)
Aquatic Instructor II (Part-time)
Aquatic Instructor III (Part-time)
Recreation Instructor I (Part-time)
Recreation Instructor II (Part-time)
Recreation Instructor III (Part-time)
Chief of Operations & Inspections
Engineer II
Engineer II - Transportation
Chief of Planning
Planner II
Zoning Administrator
Utility Maintenance Worker
Maintenance Worker II
9
9
2
1
10
12
11
12
12
12
13
10
12
10
9
8
4
6
5
6
8
9
7
6
4
5
9
9
10
11
9
9
9
9
8
7
3
$ 6.12 per
5.89 per
6.67 per
7.23 per
8.34 per
6.67 per
6.67 per
7.95 per
7.95 per
8.90 per
10.01
11.12
11.12
11.12
11.12
13.35
16.69
11.12
13.35
16.69
13
11
11
12
10
12
3
3
hour
hour
hour
hour
hour
hour
hour
hour
hour
hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
CO 6/11/96 -6-
" Airfield Maintenance Technician 4
" Maintenance Worker III 5
" Groundskeeper 5
" Maintenance Worker I 2
" Equipment Mechanic I 6
" Equipment Mechanic II 7
" Utility Crew Leader 5
" Utility Maintenance Mechanic 6
SECTION II. Section 12.1-15 of the Town Code, being the pay grades for compensation of employees
in the town service, is amended to read as follows:
Grade
FY 1996 Pay Range
FY 1997 Pay Range
1 $15,630-24,967 $16,099-25,716
2 16,880-26,965 17,386-27,773
3 18,231-29,122 18,777-29,995
4 19,689-31,452 20,279-32,395
5 21,264-33,968 21,901-34,986
6 22,966-36,685 23,653-37,785
7 24,803-39,620 25,545-40,808
8 27,035-43,186 27,844-44,481
9 29,468-47,073 30,350-48,484
10 32,120,51,309 33,082-52,847
11 35,011-55,927 36,059-57,604
12 38,162-60,961 39,305-62,788
13 41,597-66,447 42,842-68,438
14 45,341-72,427 46,697-74,598
15 49,421-78,946 50,900-81,311
16 53,869-86,051 55,481-88,629
SECTION III. Ail prior ordinances in conflict herewith are repealed.
SECTION V. This ordinance shall be effective upon passage.
VOTE:
Aye:
Nay:
Councilmember Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
None
11. (d), (e), (f), (g), (h), (i), O), (k), (!)
MOTION:
On motion of Mr. Webb, seconded by Mr. Trocino, the following resolutions were proposed as consent items and
adopted.
96-110 - RESOLUTION -AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTSAND APPROVING A PERFORMANCE GUARANTEE FOR KINCAID FOREST
PHASE I, SECTION 6A
WHEREAS, First Potomac Development Company, the developer of Kincaid Forest Phase I, Section 6A,
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 contact for public improvements; and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, a corporate surety bond in the amount of $155,853.56 from the American Motorist Insurance
Company was provided by the developer to guarantee the installation of public improvements for Kincaid Forest
Phase I, Section 6A; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of $155,853.56 to
guarantee installation of the remaining public improvements for Kincaid Forest Phase I, Section 6A.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
CO 6/11/96 -7-
SECTION I. A time extension of one (1) year for the installation of public improvements is hereby
approved for Kincaid Forest Phase I, Section 6A.
SECTION II. The corporate surety bond from the American Motorists Insurance Company in the amount
of $155,853.56 is approved to guarantee the installation of public improvements for Kincaid Forest Phase I, Section
6A.
96-111 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTSAND APPROVING A PERFORMANCE GUARANTEE FOR KINCAID FOREST
PHASE I, SECTION 8A/8B
WHEREAS, First Potomac Development Company, the developer of Kincaid Forest Phase I, Sect
8A/8B, has not completed all the required public improvements in accordance with the approved construct
drawings and town standards within the two year period agreed to in the contact for public improvements;
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, a corporate surety bond in the amount of $162,235.00 from the American Motorist Insurance
Company was provided by the developer to guarantee the installation of public improvements for Kincaid Forest
Phase I, Section 8A/8B; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of $162,235.00 to
guarantee installation of the remaining public improvements for Kincaid Forest Phase I, Section 8A/8B.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension of one (1) year for the installation of public improvements is hereby
approved for Kincaid Forest Phase I, Section 8A/8B.
SECTION II. The corporate surety bond from the American Motorists Insurance Company in the amount
of $162,235.00 is approved to guarantee the installation of public improvements for Kincaid Forest Phase I, Section
8A/8B.
96-112 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUB1
IMPROVEMENTSAND APPROVINGA PERFORMANCE GUARANTEE FOR KINCAID FOR[
PHASE I, SECTION 9B
WHEREAS, First Potomac Development Company, the developer of Kincaid Forest Phase I, Section 9B,
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 contact for public improvements; and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, a corporate surety bond in the amount of $58,414.79 from the American Motorist Insurance
Company was provided by the developer to guarantee the installation of public improvements for Kincaid Forest
Phase I, Section 9B; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of $58,414.79 to
guarantee installation of the remaining public improvements for Kincaid Forest Phase I, Section 9B.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension of one (1) year for the installation of public improvements is hereby
approved for Kincaid Forest Phase I, Section 9B.
SECTION II. The corporate surety bond from the American Motorists Insurance Company in the amo
of $58,414.79 is approved to guarantee the installation of public improvements for Kincaid Forest Phase I, Sec!
9B.
96-113 RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR CROSSROADS
BAPTIST CHURCH
WHEREAS, Crossroads Baptist Church, the developer of Crossroads Baptist Church, has not completed
all the required public improvements in accordance with the approved construction drawings and town standards
CO 6/11/96 -8-
within the two year period agreed to in the contract for public improvements and previously approved time
extensions; and
WHEREAS, although progress has been made toward the building, the phase for public improvements has
not progressed to the point that a final inspection can be performed; and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, a letter of credit in the amount of $18,611.00 from Jefferson National Bank, formerly the Bank
of Loudoun, was provided by the developer to guarantee the installation of public improvements for Crossroads
Baptist Church; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of $18,611.00 to
guarantee the installation of the remaining public improvements for Crossroads Baptist Church.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension to June 21, 1997 for the installation of public improvements is hereby
approved for Crossroads Baptist Church.
sECTION II. The letter of credit from Jefferson National Bank in the amount of $18,611.00 is approved
to guarantee the installation of public improvements for Crossroads Baptist Church.
96-114 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTSAND APPROVINGA PERFORMANCEGUARANTEE FOR GREENWAY FARM
SECTION 5
WHEREAS, Trafalgar House Residential, the developer of Greenway Farm Section 5, 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 one (1) year time extension to complete the public
improvements; and
WHEREAS, a corporate surety bond in the amount of $198,498.02 from American Home Assurance
Company was provided by the developer to guarantee the installation of public improvements for Greenway Farm
Section 5; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of $198,498.02 to
guarantee installation of the remaining public improvements for Greenway Farm Section 5.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension of one (1) year for the installation of public improvements is hereby
approved for Greenway Farm Section 5.
SECTION II. The corporate surety bond from American Home Assurance Company in the amount of
$198,498.02 is approved to guarantee the installation of public improvements for Greenway Farm Section 5.
96-115 ~ RESOLUTION - AUTHORIZING THE TOWN MANAGER TO OFFER LOUDOUN COUNTY THE
USE OF FIFTY PARKING SPACES IN THE LIBERTY STREET PARKING LOT
WHEREAS, in November, 1994, the town, Gilbane, and Gilcorp executed a letter of understanding which
· offered 100 parking spaces to Loudoun County for overflow employee parking from the new county garage; and
WHEREAS, the town constructed a lot on Harrison Street to accommodate 50 spaces for use by the county
as overflow employee parking; and
WHEREAS, on May 14, 1996, the county administrator forwarded a letter to the town manager requesting
the remaining fifty spaces.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager is hereby authorized to offer 50 spaces in the town's Liberty Street lot to the county for
use as overflow employee parking in accordance with the agreement executed in November, 1994, between the town,
Gilbane, and Gilcorp.
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96-116 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING FOR AN ORDINANCE
AMENDMENT REGARDING WATER AND SEWER CONNECTIONS AND USER FEES OUTSIDE
CORPORATE LIMITS
WHEREAS, it is the desire of Council to consider amendment of the town's water and sewer use ordinance
regarding imposition of a surcharge on water and sewer fees outside the corporate limits; and
WHEREAS, a notice of public hearing, pursuant to state law, is required prior to a public hearing and
ordinance amendment;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public hearing to consider amendment of Chapters 15 and 19 of the Leesburg Town Coc
regarding water and sewer user and connection fees is hereby authorized. Notification shall be published in
Leesburg Today on June 26 and July 3, 1996, for a public hearing on Tuesday, July 9, 1996, at 7:30 p.m. in Council
Chambers, 25 West Market Street, Leesburg, Virginia.
96-117 - RESOLUTION - ENDORSING THE JUDICIAL CENTER REVIEW COMMITTEE'S RESOLUTION
AND ESTABLISHING THE FUTURE ROLE OF THE COMMITTEE
WHEREAS, the town's Judicial Center Review Committee adopted unanimously the following resolution
at its May 9,1996, meeting:
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows:
That the Leesburg Town Council request the Loudoun County Board of Supervisors to allow the town to
consult in the decisions regarding exterior architecture and landscaping for the new courthouse complex in the Town
of Leesburg; and
WHEREAS, the committee completed its review of the Judicial Center Task Force report yet would like
to be kept informed of the progress of the project; and
WHEREAS, the town's Economic Development Commission has assigned monitoring the progress of the
judicial complex to its Business Climate and Infrastructure Committee.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The resolution adopted by the Judicial Center Review Committee on May 9, 1996, is hereby
endorsed. The resolution shall be forwarded by the Mayor to the Chairman of the Board of Supervisors.
SECTION II. The town manager shall notify members of the Judicial Center Review Committee of the
dates the Economic Development Commission's Committee on Business Climate and Infrastructure meets to
monitor the progress of the proposed judicial center. The members of the Judicial Center Review Committee are
invited to attend and participate.
96-118 - RESOLUTION - APPROVING A SCHEMATIC DESIGN FOR THE THOMAS BALCH LIBRARY
SECTION I.
SECTION II.
DISCUSSION:
WHEREAS, Town Council authorized awarding a contract to Bowie Gridley Architects for professional
services to renovate and expand the Thomas Balch Library; and
WHEREAS, Bowie Gridley has completed the pre-design and site survey phases of the project; and
WHEREAS, Bowie Gridley is currently completing the schematic design; and
WHEREAS, the Library Advisory Commission approved a schematic design at its May, 1996, meeting.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The schematic design recommended by the Library Advisory Commission is approved.
Bowie Gridley is authorized to proceed to the design development phase of the projec,.
Ms. Umstattd asked if the town is able to complete the renovation without a tax increase.'?
Mr. Atwell stated yes.
CO 6/11/96 -10-
Ms. Umstattd stated she would then support the resolution.
VOTE ON CONSENT ITEMS:
Aye: Councilmember Atwell, Buttery, Emswiller, Trocino, Umstattck Webb and Mayor Clem
Nay: None
Abstain: Councilmember Trocino from (d), (e), (f), (h)
11. (m)
MOTION:
On motion of Mr. Buttery, seconded by Mr. Webb, the following resolution was proposed and adopted.
96-119 - RESOLUTION - ADOPTING THE FISCAL YEARS 1997-2001 CAPITAL IMPROVEMENT
PROGRAM
WHEREAS, Section 15.1-464 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 March 29, 1996; and
WHEREAS, the Planning Commission held a public hearing on the proposed CIP on April 18,1996; and
WHEREAS, the Planning Commission has reviewed the CIP for compliance with the Town Plan and on
May 2, 1996, 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 $61,962,234 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 1997-2001 is hereby approved.
VOTE:
Aye:
Nay:
11. (n)
MOTION:
Councilmember Atwell, Buttery, Emswiller, Trocino, Umstattch Webb and Mayor Clem
None
On motion of Mr. Trocino, seconded by Mr. Webb, the following resolution was proposed and adopted.
96-120 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE TOWN'S
SERVICE
WHEREAS, the authorized number of positions in the town's service must be reviewed each
year by the Town Manager to be consistent with the proposed FY 97 budget; and
WHEREAS, in order to maintain a consistently high level of service the number of positions
should be revised.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The positions and number of employees in the town service for the fiscal year 1997 are
established as follows:
Number of Full-Time Equivalent
Positions Available
LEGISLATIVE DEPARTMENT
Clerk of Council i
EXECUTIVE DEPARTMENT
Manager
Deputy Town Manager
Asst. Town Manager for Economic Development
CO 6/11/96 -11-
Executive Secretary
Personnel Manager
Public Information Officer
Administrative Secretary_
Secretary
FINANCE DEPARTMENT
Director of Finance
Asst. Director of Finance
Accounting Clerk I
Systems Technician
Finance Technician
Meter Technician
POLICE DEPARTMENT
Chief of Police
Captain
Lieutenant
Sergeant
Corporal
Police Officer 1st Class
Police Officer
Administrative Secretary
Secretary
Police Records Assistant
ENGINEERING AND PUBLIC WORKS
ADMINISTRATION
Director of Engineering and Public Works
Engineer II - Transportation
Administrative Secretary
ENGINEERING AND INSPECTIONS
Chief of Engineering
Chief of Operations/Inspections
Engineer II
Contracts Administrator
Construction Inspector
STREET MAINTENANCE
Superintendent
Asst. Superintendent
Maintenance Worker III
Maintenance Worker II
Maintenance Worker I
Data Entry Clerk (part-time)
EQUIPMENT MAINTENANCE
Superintendent
Assistant Superintendent
Heavy Equipment Operator
Equipment Mechanic II
Equipment Mechanic I
PARKING METER AND LOTS
Parking Attendant (part-time)
PLANNING, ZONING AND DEVELOPMENT
Dir. Planning, Zoning & Development
Chief of Planning
Zoning Administrator
Planner II
1
2
2
7
3
3
20 26
1
1
2
2
6
67
5
.5
1.5
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Asst. Zoning Administrator
Planning & Zoning Assistant
Administrative Secretary
Secretary
PARKS AND RECREATION
Director of Parks and Recreation
Asst. Director of Recreation
Administrative Secretary
Center Manager
Landscape Architect
Recreation Program Supervisor
Accounting Clerk
Part-time Staff
Groundskeeper
Secretary
LIBRARY
Library ~ Manager
Library Assistant
UTILITIES
ADMINISTRATION
Director of Utilities
Asst. Director of Utilities
Administrative Secretary
Cross-Connection Compliance Officer
WATER POLLUTION CONTROL
Superintendent
Asst. Superintendent
Senior Utility Plant Operator
Utility Plant Supervisor
Utility Plant Operator
Utility Plant Operator Trainee
Heavy Equipment Operator
Administrative Secretary
Utility Maintenance Worker
UTILITIES LINES
Superintendent
Asst. Superintendent
Crew Leader
Utility Maintenance Worker
Infiltration - Inflow Technician
WATER SUPPLY
Superintendent
Utility Plant Supervisor
Senior Utility Plant Operator
Utility Plant Operator
Ut!!!~, PD_nt Operator Trainee
Maintenance Worker II
UTILITIES MAINTENANCE
Superintendent
Utility Maintenance Mechanic
Ut,.'!,.'g, M~'.'nten~_nce Worker
AIRPORT
1
1
1
1
1
4
2
12.9
1.5
1
1
1
1
1
3
3
1
1
4
1
1
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Airport Manager
Airfield Maintenance Technician
Secretary (Part-time)
TOTAL PERSONNEL AUTHORIZED
VOTE:
Nay:
11. (o)
1
1
.5
Full-time Equivalent
(part-t/me positions inclusive in total above)
!87.9 197.9
17.2
Councilmember Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
None
MOTION:
On motion of Mr. Buttery, seconded by Ms. Emswiller, the following resolution was proposed and adopted by a
role call vote.
96-121 - RESOLUTION - APPROVING THE BUDGET AND MAKING APPROPRIATIONS FOR THE
FISCAL YEAR ENDING JUNE 30, 1997
WHEREAS, the budget and tax rates for the fiscal year ending June 30, 1997, 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 9, 1996; and
WHEREAS, Council met in budget workshop sessions in February, March, April and May, 1996; and
WHEREAS, the tax rate for 1996 real estate taxes was increased from $0.205 to $0.21 and personal property
taxes will remain unchanged at $1.00 per $100 of assessed valuation in accordance with Ordinance No. 96-(
adopted on May 1, 1996.
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, 1997, in the amounts
shown to the categories and accounts tbr the general fund $14,949,817, utility fund $10,667,460, airport fund
$1,504,426 and capital project funds $13,781,783, 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:
Ms. Umstattd stated the Council did a good job on this year's budget, however, because of several tax increases she
will vote against the budget.
VOTE:
Nay:
Councilmember Buttery, Emswiller, Trocino, Webb and Mayor Clem
Councilmember Atwell and Umstattd
NEW BUSINESS:
12. (p)
MOTION:
On motion of Ms. Emswiller, seconded by Ms. Umstattd, the following resolution was proposed and adopted.
96-122 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE FOR CATOCTIN CIRCLE DRAINAGE IMPROVEMENTSFOR THE MIDDLEBURG
BANK SITE
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
CO 6/11/96 - 14-
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 Catoctin Circle Drainage Improvements
for the Middleburg Bank Site.
SECTION II. The cash bond in the amount of $137,100.00 is approved as security to guarantee installation
of the public improvements shown on plans approved by the Director of Engineering and Public Works for Catoctin
Circle Drainage Improvements for the Middleburg Bank Site.
VOTE.'.
Nay:
Councilmember Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
None
lz. (q)
MOTION:
On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and adopted.
96-123 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR AMERICAN
BEECHCRAFT STORAGE HANGAR ADDITION AND NEW HANGAR FACILITY
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 American Beechcrafi Storage Hangar
Addition and New Hangar Facility.
SECTION II. The extension of municipal water and sewer for American Beechcrafi Storage Hangar
Addition and New Hangar Facility is approved in accordance with Section 15-9 and 19-18 of the Town Code.
SECTION III. The irrevocable letter of credit in a form approved by the town attorney from Suntrust
Bank, Atlanta in the amount of $46,319.35 is approved as security to guarantee installation of the public
improvements shown on plans approved by the Director of Engineering and Public Works for American Beechcrafi
Storage Hangar Addition and New Hangar Facility.
VOTE:
Aye: Councilmember Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
12. (r)
MOTION:
On motion of Mr. Webb, seconded by Ms. Umstattd, the following ordinance was proposed and adopted.
96-0-20 - ORDINANCE - AMENDING THE TOWN CODE TO PROHIBIT PUBLIC NUDITY
THEREFORE, ORDAINED by the Leesburg Town Council in Virginia as follows:
SECTION I. The Town Code is hereby amended to include the following chapter:
Section 21-1.
Public Nudity.
Chapter 21
Public Nudity
(a) As used in this section, "state of nudity" means a state of undress so as to expose the human
male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the
showing of the female breast with less than a fully opaque covering of any portion thereof below
the top of the nipple.
(b) It shall be unlawful for any person to knowingly, voluntarily and intentionally appear in
public, or in a public place or in a place open to the public or open to public view, in a state of
nudity, or to employ, encourage, or procure another person to appear so.
(c) Nothing contained in this section shall be construed to apply to the exhibition, presentation,
showing or performance of any play, ballet, drama, tableau, production or motion picture in any
theater, concert hall, museum of fine arts, school, institution of higher learning or other similar
establishment which is primarily devoted to such exhibitions, presentations, shows or performances
as a form of expression of opinion, communication, speech, ideas, information, art, or drama, as
CO 6/11/96 -15-
differentiated from commercial or business advertising, promotion or exploitation of nudity for the
purpose of advertising, promoting, selling or servicing products or services or otherwise advancing
the economic welfare of a commercial or business enterprise, such as a hotel, motel, bar, nightclub,
restauran, t, tavern, or dance hall.
SECTION II. This ordinance shall be effective upon its adoption.
VOTE:
Aye: Councilmember Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
MOTION:
On motion of, and duly seconded, the meeting was adjourned at 11:00 p.m.
Clerk of Council
I Mayor
CO 6/11/96 -16-