HomeMy Public PortalAbout1996_07_09TOWN COUNCIL MEETING MINUTES OF JULY 9, 1996
A regular meeting of the Leesburg Town Council was held on July 9, 1996, at 7:30 p.m., in the
Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Vice
Mayor Webb.
ROLL CALL
Councilmembers present
J. Frank Buttery, Jr.
Jewell M. Emswiller
Joseph R. Trocino
Kristen C. Umstattd
B. J. Webb
William F. Webb
Mayor James E. Clem (absent)
Staff members present
Town Manager Steven C. Brown
Acting Town Manager Gary Huff
Director of Engineering and Public Works Thomas A. Mason
Director of Parks and Recreation Kaj Dentler
Director of Planning, Zoning and Development Michael Tompkins
Director of Utilities Randolph W. Shoemaker
Assistant Town Manager tbr Economic Development John King
Deputy Town Attorney Deborah Welsh
Town Clerk Barbara Markland
Planning Commission members present
Chairman Mervin Jackson
Gus Glikas
Clifton Vaughan
Susan Rutherford
A. Blake Thompson
David Kennedy
PETITIONERS
Ms. Cheryl Kilday, representing the Loudoun Tourism Council, encouraged the adoption of agenda item
10. (i).
Mr. Mark Silverwood, a resident of 407 South King Street, addressed the Council with regard to the
proposed Comprehensive Town Plan.
Mr. Mike Costello, representing the applicant/purchasers of 18 Fort Evans Road, addressed the Council
requesting Council initiation of an ordinance amendment to allow for indoor automobile auctions at the
referenced site.
This matter was referred to the July 16, 1996 Planning and Zoning Committee agenda for further
consideration.
Ms. Kathy Wilt, a resident of 503 Saber Court, submitted a petition fi.om Beauregard Estate residents
requesting the Council's consideration to not open Lawson Road.
This matter was referred to the July 16, 1996 Administration and Public Works Committee agenda for
thrther consideration.
Mr. Alan Furman, a resident of 37 Linden Hill Way, addressed the Council with concerns regarding
agenda item 10. (e).
6. a. Joint public hearing to consider a Zoning Ordinance amendment to establish standards for
commercial adult entertainment in the Tovm of Leesburg
Mr. Tompkins provided the staff report.
Ms. Umstattd stated that the staff memo the Council received, in her opinion, clearly misinterpreted
Virginia law. The staff memo states the Town has no authority under Virginia law to prohibit these kinds
of establishments, entirely. According to the criminal code, the Council clearly has the authority to
prohibit any kind of establishment that deals with obscenity. Ms. Umstattd hopes that as part of staff's
continuing discussions with the town's legal counsel that the criminal law enabling legislation will be
looked at.
Mr. Buttery stated the ABC Board regulates alcoholic beverages wherever they are sold. In addition,
with respect to these establishments, the ABC's standards prohibit the sale of hard liquor but not beer.
Mr. Buttery asked that Staff and counsel look into what authority the town has to regulate where
alcoholic beverages can be sold.
Mr. Jonathan Gayek, a resident of 411 Williams Street, addressed the Council opposed to adult
entertainment establishments in the Town of Leesburg.
Ms. Umstattd stated, within the criminal code of Virginia Section 18.2-389... "the governing body of
any county, city or town may adopt ordinances to prohibit obscenity or conduct parallelling the provisions
of this article." Ms. Umstattd stated, this article outlines the definition of obscenity which would cover
every single proposal in the draft ordinance that is before the Council tonight. Ms. Umstattd stated that
once this Council is given a correct interpretation of Virginia law by staff, will do everything in their
power to prohibit this sort of activity from coming into town.
Ms. Dixie Sanda, a Leesburg resident, addressed the Council opposed to adult entertainment
establishments in the Town of Leesburg.
Ms. Sharon Nichols., a resident of Leesburg, addressed the Council opposed to adult entertainment
establishments in the Town of Leesburg.
The public hearing was closed. The Planning Commission convened in the second floor Councilmember's
meeting room.
6. b. Public hearing to consider water and sewer connections and user fees outside the corporate limits
Mr. Brown provided a brief staff report.
Mr. Tom Nails, representing the River Creek development project, addressed the Council requesting to
be kept abreast of all issues as this matter progresses.
COUNCILMEMBER COMMENTS
Mr. Buttery attended his first meeting of the Balch Library Commission.
He welcomed B.J. Webb.
He pointed out that the Mighty Midget Kitchen has reopened.
He reminded everyone of the Graffiti Clean-up Day to be held on Saturday, July 27, at 8:00 a.m., at the
former Koons Chevrolet car dealership. He invited the public's assistance.
Ms. Umstattd had no comment.
Mr. Trocino had no comment.
Ms. Emswiller stated that the sale of Market Station is in the best interest of the Town financially and
for economic development reasons, as well.
She stated that from the very beginning, the Town Council has been opposed to adult entertainment
establishments.
Ms. B. J. Webb thanked Mr. John Rocca and Mr. Frank Ratio for their efforts in eliminating graffiti in
the town.
She thanked the members of Council and staff for helping her get up to speed before taking office.
Ms. Webb thanked Kaj Dentler, parks and rec staff, the police department and the Leesburg Volunteer
Fire Company for the 4th of July event.
MAYOR'S REPORT
Vice Mayor Webb asked that the July 12, 1996 special meeting be rescheduled.
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MANAGER'S REPORT
Mr. Brown briefly highlighted the Activity Report.
LEGISLATION
10. (a) and (b) were referred to the July 16, 1996 Planning and Zoning Committee meeting for further
consideration and discussion.
10. (c), (d), (e), (f), (g), (h), (i), (j)
MOTION
On motion of Ms. Umstattd, seconded by Mr. Buttery, the following resolutiomwcre proposed as consent
items and adopted.
96-154 RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR
KINCAID FOREST SECTION 4A
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for Kincaid
Forest Section 4A.
SECTION II. The extension of municipal water and sewer for Kincaid Forest Section 4A is
approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The corporate surety bond in the amount of $216,000.00 in a form approved by
the town attorney from the American Motorists Insurance Company is approved as security to guarantee
installation of the public improvements shown on the plans approved by the Director of Engineering and
Public Works for Kincaid Forest Section 4A.
96-155 - RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR
POTOMAC STATION lC
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for
Potomac Station 1C Water and Sanitary Sewer Lines.
SECTION II. The extension of municipal water and sewer for Potomac Station 1C Water and
Sanitary Sewer Lines is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. A letter of credit in a form approved by the town attorney from Mercantile-Safe
Deposit & Trust Company in the amount of $36,216.40 is approved as security to guarantee installation
of the public improvements shown on plans approved by the Director of Engineering and Public Works
for Potomac Station Section lC.
96-156 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR LINDEN
HILL PHASE II
WHEREAS, Linhab Development Company, the developer of Linden Hill Phase II, 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
previously approved time extensions adopted by Town Council on January 10, 1995 by Resolution #95-7
and on February 13, 1996 by Resolution #96-21; and
WHEREAS, the developer has requested a ninety (90) day time extension to complete the public
improvements; and
WHEREAS, a corporate surety bond in the amount of $58,985.71 from the Fidelity and Deposit
Company of Maryland was provided by the developer to guarantee the installation of public
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improvements in Linden Hill Phase II; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$58,985.71 to guarantee installation of the remaining public improvements for Linden Hill Phase II.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the Fidelity and Deposit Company of Maryland
in the amount of $58,985.71 is approved to guarantee the installation of public improvements in Linden
Hill Phase II.
SECTION II. A time extension to October 10, 1996 for completion of the public improvements
is approved.
96-157 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
EXETER SECTION 7
WHEREAS, Pulte Home Corporation, the developer of Exeter Section 7, 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 previously
approved time extensions; 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 $274,622.40 from NationsBank was provided by
the developer to guarantee the installation of public improvements for Exeter Section 7; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$274,622.40 to guarantee installation of the remaining public improvements for Exeter 7.
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 7.
SECTION II. The letter of credit from NationsBank in the amount of $274,622.40 is approved
to guarantee the installation of public improvements for Exeter Section 7.
96-158 RESOLUTION - AWARDING OF A CONTRACT FOR INTERSECTION
I MPROVEMENTS,TRAFFIC SIGNAL AT SOUTH KiNG STREET AT EVERGREENMILL
ROAD
WHEREAS, the FY 97 Capital Improvement Program includes a project for installing traffic
signals at South King Street at Evergreen Mill Road; and
WHEREAS, sealed bids for the work were received on June 21, 1996; and
WHEREAS, the bids were evaluated pursuant to the bid documents and the town Purchasing
Policy; and
WHEREAS, Phillip C. Clarke Electrical Contractor, Inc. submitted the lowest bid and was found
to be responsive and responsible.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is authorized and directed to execute, on behalf of the town, a lump sum
contract with Phillip C. Clarke Electrical Contractors, Inc. in the amount of $78,773.00 for Intersection
Improvements, Traffic Signal at South King Street at Evergreen Mill Road.
96-159 - RESOLUTION - APPROPRIATING FUNDS FOR AN ADMINISTRATIVE SECRETARY
IN THE EXECUTIVE DEPARTMENT
WHEREAS, the adopted 1997 fiscal year staffing plan authorized an administrative secretary in
the Executive Department; and
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WHEREAS, the administrative secretary will assist with the clerical needs of the Executive
Department; and
WHEREAS, the administrative secretary will provide clerical support services to the Finance and
Utility Departments.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
An appropriation of $27,175 is hereby authorized from the general fund unappropriated fund
balance for an administrative secretary in the Executive Department.
96-160 - RESOLUTION - AUTHORIZING AN APPROPRIATION FOR THE LOUDOUN
TOURISM COUNCIL IN THE AMOUNT OF $2,720.60 FOR ITS CHALLENGE GRANT
PROGRAM
WHEREAS, the Loudoun Tourism Council (LTC) was established to provide professional
tourism services for Loudoun County and Leesburg; and
WHEREAS, the Town Council budgeted $33,000 for the LTC in fiscal year 1996; and
WHEREAS, the LTC has initiated many projects benefiting Leesburg and has successfully
pursued challenge grant funding with Loudoun County.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
An appropriation in the amount of $2,720.60 is hereby authorized from the unappropriated
general fund balance for the purpose of funding Leesburg's share of the LTC Challenge Grant Program
tbr the period December, 1995 to June, 1996.
96-161 RESOLUTION - AWARDING CONTRACTS FOR CUSTODIAL MAINTENANCE
SERVICES
WHEREAS, FY 97 Budget provides for custodial maintenance services for the Thomas Belch
Library, Leesburg Airport Terminal, FAA Automated Flight Service Station located at the Leesburg
Municipal Airport, Department of Parks & Recreation Rust Administration Building, Ida Lee Park
Recreation Center and the Municipal Government Center; and
WHEREAS, sealed bids for the Annual Contract for Custodial Maintenance Services were
solicited by public advertisement on June 7, 1996; and
WHEREAS, the bids were evaluated pursuant to the bid documents and the town Purchasing
Policy; and
WHEREAS, Accurate & Precise submitted the lowest bid of $5,700.00 on the Thomas Balch
Library and was determined to be responsive and sufficiently responsible to enter into a contract for this
facility; and
WHEREAS, A & S Cleaning Service submitted the lowest bid on the Leesburg Municipal
Airport Terminal and the Automated Flight Service Station and was determined to be responsive and
sufficiently responsible to enter into a contract for these facilities; and
WHEREAS, IMME, Inc. submitted the lowest responsive bid on the Department of Parks and
Recreation Administration Building and the Ida Lee Recreation Center and was determined to be
sufficiently responsible to enter into a contract for these facilities; and
WHEREAS, the Department of Parks & Recreation prefers to enter into a six month contract
with IMME, Inc., while the department determines if the facilities can be serviced more efficiently and
economically by in house staff; and
WHEREAS, IMME, Inc. submitted the lowest responsive bid on the Municipal Government
Center and was determined to be sufficiently responsible to enter into a contract for this facility.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Manager is authorized and directed to execute, on behalf of the town,
a lump sum contract with Accurate & Precise in the amount of $5,700 for providing custodial
maintenance services for the Thomas Belch Library.
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SECTION II. The Town Manager is authorized and directed to execute, on behalf of the town,
a lump sum contract with A & S Cleaning Services in the amount of $6,504 for providing custodial
maintenance services for the Leesburg Municipal Airport Terminal, and a lump sum contract in the
amount of $20,400 for providing custodial maintenance services for the FAA Automated Flight Service
Station.
SECTION III. The Town Manager is authorized and directed to execute, on behalf of the town,
a lump sum contract with IMME, Inc. in the amount of $41,215.08 for providing six months of custodial
maintenance services for the Ida Lee Park Recreation Center, and a lump sum contract in the amount
of $1,251 for providing six months of custodial maintenance services at the Rust Administration Building.
SECTION IV. The Town Manager is authorized and directed to execute, on behalf of the town,
a lump sum contract with IMME, Inc. in the amount of $27,749.76 for providing custodial maintenance
services for the Municipal Government Center.
VOTE:
Aye: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. F. Webb and Mayor
Clem
Nay: None
Abstain: Councilmember Trocino from 10. (c)
MOTION:
On motion of, and duly seconded, the meeting was adjourned at 9:00 p.m.
Clerk of Council
· Clem, Mayor
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