HomeMy Public PortalAbout1996_08_13TOWN COUNCIL MEETING MINUTES OF AUGUST 13, 1996
A regular meeting of the Leesburg Town Council was held on August 13, 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
J. Frank Buttery, Jr.
Jewell M. Emswiller (absent)
Joseph R. Trocino
Kristen C. Umstattd
B. J. Webb
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
Public Information Officer Susan Farmer
Assistant Town Manager for Economic Development John King
Deputy Town Attorney Deborah Welsh
Town Clerk Barbara Markland
PROCLAMATION
A proclamation of congratulations was presented to Ms. Casey Alecia Quinn for obtaining the Gold
Award from the Girl Scouts of America.
PETITIONERS
Ms. Cathy Donovan, representing the Loudoun Symphony Guild, addressed the Council by explaining
the guild's purpose. Ms. Donovan invited the Council to attend an unveiling of a limited edition painting
of the Town of Leesburg to be held on August 16, 1996 at the Potomac Gallery.
Mr. David Ciccarelli, President of the Kincaid Forest Homeowners Association, presented a statement
regarding the progress of the subdivision and requested a follow up meeting with the Mayor and Council,
Mr. Mason and representatives of First Potomac to discuss the homeowner's concerns.
Ms. Michele Garrison, a resident of the Townes of Vanderbilt, provided a petition regarding concerns
of the residents. Ms. Garrison's statement and the petition are made a part of the official record.
COUNCILMEMBER COMMENTS
Ms. B. J. Webb reported on the Airport Commission's meeting. The Commission has been working on
Vision 21, the master plan for the airport. This report will be made available to the Council in the next
several weeks. Ms. Webb urged each of the Councilmembers to consider the airport master plan during
discussion on the Comprehensive Town Plan.
Airport Commission Chairman, Stanley Caulkins will be honored at the State Aviation Conference next
week in Roanoke for contributing over 35 years of dedication and commitment to aviation.
Ms.-Webb also attended the Tree Commission meeting last week. A Tree Care information kit is
available from the Planning Department.
The Airport Commission, as well as the Tree Commission expressed a need to work with other boards
and commissions.
Ms. Webb commended the,Town's Police Department for the quick apprehension of a suspect on the
bike trail. Ms. Webb encouraged bike trail users to let someone know when and where you are going
on the bike trail and if possible take some type of communication equipment or alarm along.
Ms. Webb commended Ms. Helen Albert who has been an employee of Blossom and Bloom for over 20
years and who has given over 30,000 hours of community service.
Ms. Webb has received numerous phone calls from residents in the Exeter Subdivision inquiring the
status of the proposed water tower.
Mayor Clem requested that a status report on the water tower site be on the September 3, 1996
committee agenda. He stated the Exeter site has been eliminated.
Mr. Trocino concurred with Mayor Clem that there will be no water tower at the Exeter site.
Mr. Trocino stated that the Mayor's Wall project is near completion.
Mr. Trocino will be attending his first meeting with the Virginia Municipal League's Self Insurance
Group.
Ms. Umstattd reminded everyone to attend August Court Days this weekend.
Mr. Buttery thanked several members of the Leesburg Police Department for their efforts on Graffiti
Clean Up Day.
Mr. Webb commented on Chuck Thornton's car catching on fire at Wage Radio on Wage Drive.
MAYOR'S REPORT
Mayor Clem also congratulated Stanley Caulkins for his years of service to the aviation industry.
Mayor Clem thanked Ms. Katherine Boyd for her efforts again this year in chairing the successful August
Court Days event.
Mayor Clem reminded the public that the Council will be in recess for the remainder of August and
asked that any concerns be addressed through the Town Manager, Steve Brown.
Mayor Clem reminded everyone to be mindful of the students returning back to school in September.
Mr. Brown received a fax today from Mr. Angel Mulgado, dated August 13, 1996. Mr. Brown read Mr.
Mulgado's letter which will be made a part of the official record.
MANAGER'S REPORT
Mr. Brown thanked Mr. Huff and Mr. Mason for filling in for him during his absence and also Mary
Mack for filling in for Clerk of Council Barbara Markland.
LEGISLATION
10. (a)
MOTION
On motion of, and duly seconded, the following ordinance was proposed and adopted.
96-0-26 - ORDINANCE - AMENDING THE TOWN CODE TO INCLUDE CHAPTER 22
OBSCENITY AND CHAPTER 23 PROHIBITED SALES AND LOANS TO JUVENILES
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Code is hereby amended to include the following chapter:
Section 22-1. Obscene defined.
Chapter 22
Obscenity
The word "obscene," where it appears in this article, shall mean that which, considered as a
whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, that is, a shameful
or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof
or sadomasochistic abuse, and which goes substantially beyond customary limits of candor in description
or representation of such matters and which taken as a whole, does not have serious literary, artistic,
political or scientific value.
Section 22-2. Obscene items enumerated.
For the purpose of this article, obscene items shall include:
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(1) Any obscene book; or
Any obscene leaflet, pamphlet, magazine, booklet, picture, painting, bumper sticker,
drawing, photograph, film, negative, slide, motion picture, videotape recording; or
(3)
Any obscene figure, object, article, instrument, novelty device or recording or
transcription used or intended to be used in disseminating any obscene song, ballad,
words or sounds.
Section 22-3. Productions, publications, sale, possession, etc., of obscene items.
(a) It shall be unlawful for any person to knowingly:
(1) Prepare any obscene item for the purpose of sale or distribution; or
(2)
Print, copy, manufacture, produce or reproduce any obscene item for purposes
of sale or distribution; or
(3)
Publish, sell, rent, lend, transport in intrastate commerce, or distribute or exhibit
any obscene item, or offer to do any of these things; or
(4)
Have in his possession with intent to sell, rent, lend, transport or distribute any
obscene item.
Possession in public or in a public place of any obscene item shall be deemed
prima facie evidence of a violation of this section.
(b)
For the purposes of this section, "distribution" shall mean delivery in person, by mail or
messenger or by any other means by which obscene items may pass from one person, firm
or corporation to another.
Section 22-4. Obscene exhibitions and performances generally.
It shall be unlawful for any person knowingly to:
(1)
Produce, promote, prepare, present, manage, direct, carry on or participate in any
obscene exhibitions or performances, including the exhibition or performance of
any obscene motion picture, play, drama, show, entertainment, exposition, tableau
or scene; provided that no employee or any person or legal entity operating a
theater, garden, building, structure, room or place which presents such obscene
exhibition or section if the employee is not the manager of the theater or an
officer of such entity, and has no financial interest in such theater other than
receiving salary and wages; or
(2)
Own, lease or manage any theater, garden, building, structure, room or place and
lease, let, lend or permit such theater, garden, building, structure, room or place
to be used for the purpose of presenting such obscene exhibition or performance
or to tail to post prominently therein the name and address of a person resident
in the locality who is the manager of such theater, garden, building, structure,
room or place.
Section 22-5. Advertising obscene items, exhibitions or performance generally
It shall be unlawful for any person to knowingly prepare, print, publish or circulate, or cause to
be lxepared, printed, published or circulated, any notice or advertisement or any obscene item referred
to in section 22-2 or of any obscene performance or exhibition referred to in section 22-4 stating or
indicating where such obscene item, exhibition or performance may be purchased, obtained, seen or
heard.
Section 22-6. Obscene placards, posters, bills, etc.
It shall be unlawful for any person to knowingly expose, place, display, postup, exhibit, paint,
print or mark, or cause to be exposed, placed, displayed, posted, exhibited, painted, printed or marked,
in or on any building, structure, billboard, wall or fence, or on any street, or in or upon any public place,
any placard, poster, banner, bill, writing or picture which is obscene, or which advertises or promotes any
obscene item referred to in section 22-2 or any obscene exhibition or performance referred to in section
22-4, or to knowingly permit the same to be displayed on property belonging to or controlled by him.
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Section 22-7. Coercing acceptance of obscene articles or publications.
It shall be unlawful for any person, association, firm or corporation, as a condition to any sale,
allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication,
to require that the purchaser or consignee receive for resale any other article, book or other publication
which is obscen_e; nor shall any person, firm, association or corporation deny or threaten to deny any
franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure
or refusal of any person to accept such articles, books or publications, or by reason of the return thereof.
Section 22-8. Photographs, slides and motion pictures.
Every person who knowingly:
(1) Photographs himself or any other person for purposes of preparing an obscene
film, photograph, negative, slide or motion picture for purposes of sale or
distribution; or
(2) Models, poses, acts or otherwise assists in the preparation of any obscene film,
photograph, negative, slide or motion picture for purposes of sale or distribution:
shall be guilty of a Class 3 misdemeanor.
Section 22-9. Indecent exposure.
It shall be unlawful for any person to intentionally make an obscene display or exposure of his
person or the private parts thereof, in any public place, or in any place where others arc present, or to
procure another to so expose himself.
Section 22-10. Employing or permitting minor to assist in offense under article.
It shall be unlawful for any person to knowingly hire, employ, use or permit any minor to do or
assist in doing any act or thing constituting an offense under this article.
Section 22-11. Exceptions from article.
Nothing contained in this article shall be construed to apply to:
(1) Thc purchase, distribution, exhibition or loan of any book, magazine or other
printed manuscript material by any library, schbol or institution of higher learning,
supported by public appropriation.
(2) The purchase, distribution, exhibition or loan of any work of art by any museum
of fine arts, school or institution of higher learning, supported by public
appropriation.
(3) Thc exhibition or performance of any plan, drama, tableau or motion picture by
any theater, museum of fine arts, school or institution of higher learning,
supported by public appropriation.
Section 22-12. Violations.
Unless otherwise specifically provided within this Article, violations of this article shall constitute
a Class I misdemeanor.
SECTION II. The Town Code is hereby amended to include the following chapter:
Chapter 23
Prohibited sales and loans to juveniles.
Section 23-1. Definitions.
As used in this article:
(1)
(2)
"Juvenile" means a person less than eighteen years of age.
"Nudity" means a state of undress so as to expose the human male or female
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genitals, pubic area or buttocks with less than a full 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, or the depiction of covered or uncovered
male genitals in a discernibly turgid state.
(3)
"Sexual conduct" means actual or explicitly simulated acts of masturbation,
homosexuality, sexual intercourse, or physical contact in an act of apparent sexual
stimulation or gratification with a person's clothed or unclothed genitals, pubic
area, buttock or, if such be a female, breast.
(4)
"Sexual excitement" means the condition of human male or female genitals when
in a state of sexual stimulation or arousal.
(5)
"Sadomasochistic abuse" means actual or explicitly simulated flagellation or
torture by or upon a person who is nude or clad in undergarments, a mask or
bizarre costume, or the condition of being fettered, bound or otherwise physically
restrained on the part of one so clothed.
(6)
"Harmful to juveniles" means that quality of any description or representation,
in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic
abuse, when it (a) predominantly appeals to the prurient, shameful or morbid
interest of juveniles, (b) is patently offensive to prevailing standards in the adult
community as a whole with respect to what is suitable material for juveniles, and
(c) is, when taken as a whole, lacking in serious literary, artistic, political or
scientific value for juveniles.
(7)
"Knowingly" means having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry of both (a) the
character and content of any material described herein which is reasonably
susceptible of examination by the defendant, and (b) the age of the juvenile,
provided however, than an honest mistake shall constitute an excuse from liability
hereunder if the defendant made a reasonable bona fide attempt to ascertain the
true age of such juvenile.
Section 23-2. Unlawful acts.
(a)
It shall be unlawful for any person knowingly to sell, rent or loan to a juvenile, or to
knowingly display for commercial purpose in any manner whereby juveniles may examine
and peruse:
(1)
Any picture, photography, drawing, sculpture, motion picture film, or similar
visual representation or image of a person or portion of the human body which
depicts sexually explicit nudity, sexual conduct or sadomasochistic abuse and
which is harmful to juveniles, or
(2)
Any book, pamphlet, magazine, printed matter however reproduced, or sound
recording which contains any matter enumerated in subdivision (1) of this
subsection, or explicit and detailed verbal descriptions or narrative accounts of
sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as
a whole, is harmful to juveniles.
(b)
It shall be unlawful for any person knowingly to sell to a juvenile an admission ticket or
pass, or knowingly to admit a juvenile to premises whereon there is exhibited a motion
picture, show or other presentation which, in whole or in part, depicts sexually explicit
nudity, sexual, conduct or sadomasochistic abuse and which is harmful to juveniles or to
exhibit any such motion picture at any such premises which are not designed to prevent
viewing from any public way of such motion picture by juveniles not admitted to any
such premises.
(c)
It shall be unlawful for any juvenile falsely to represent to any person mentioned in
subsection {a) or subsection (b) hereof, or to his agent, that such juvenile is eighteen
years of age or older, with the intent to procure any material, set forth in subsection (a),
or with the intent to procure such juvenile's admission to any motion picture, show or
other presentation, as set forth in subsection (c).
(d)
It shall be unlawful for any person knowingly to make a false representation to any
person mentioned in subsection (a) or subsection (b) hereof or to his agent, that he is
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the parent or guardian of any juvenile, or that any juvenile is eighteen years of age, with
the intent to procure any material set for in subsection (a), or with the intent to procure
such juvenile's admission to any motion picture show or other presentation, as set forth
in subsection (b).
Section 23-3. Exceptions to application of article.
Nothing contained in this article shall be construed to apply to:
(1)
(2)
The purchase, distribution, exhibition, or loan of any work of art, book, magazine, or
other printed or manuscript material by an accredited museum, library, school, or
institution of higher learning.
The exhibition or performance of any play, drama, tableau, or motion picture by any
theater, museum, school or institution of higher learning, either supported by public
appropriation or which is an accredited institution supported by private funds.
Section 23.4. Violations
Unless otherwise specifically provided within this Article, violations of this Article shall constitute
a Class 1 Misdemeanor.
VOTE:
SECTION III. This ordinance shall be in effect upon its passage.
Aye: Councilmember Buttery, Trocino, Umstattd, B. J. Webb, Wm. F. Webb and Mayor
Nay: None
Absent: Councilmember Emswiller
Clem
10. (b), (c), (d), (e), (t), (g), (h), (i), (j), (k), (i), (m), (n), (o), (p), (q)
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolutions were proposed as consent
items and adopted.
96-171 - RESOLUTION - CANCELLING THE AUGUST 20, 1996 COMMITTEE MEETINGS
AND THE AUGUST 27, 1996 REGULAR TOWN COUNCIL MEETING
WHEREAS, it has been the tradition of the Leesburg Town Council to cancel the last Committee
meetings and Town Council meeting in August to observe summer vacations:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Planning and Zoning, Administration and Public Works and Finance Committee meetings
of August 20, 1996 and the regular Town Council meeting of August 27, 1996, are hereby cancelled.
MOTION
On motion of Ms. Webb, seconded by Ms. Umstattd, the following resolution was amended to include
a completion date for the park by November 30, 1996 date.
96-172 - RESOLUTION - AUTHORIZING AN EXTENSION FOR COMPLETION OF A PUBLIC
PARK WITHIN THE KINCAID FOREST PLANNED RESIDENTIAL NEIGHBORHOOD
WHEREAS, in the approved rezoning plan for Kincaid Forest(ZM-110), the applicant proffered
to convey a 6.23 acre park and specific recreation facilities to be completed with the first phase of
development; and
WHEREAS, Council approved Resolution 95-242 on December 5, 1995, and accepted a
performance guarantee for the public park located in the Kincaid Forest Planned Residential
Neighborhood; and
WHEREAS, Council approved Resolution 96-72 on April 23, 1996 in order to facilitate a
redesign of the park in order to address safety concerns raised by the Department of Parks and
Recreation; and
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WHEREAS, the applicant, First Potomac Development Company is continuing to diligently
pursue completion of the park development plan, so as to commence construction.
THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows:
An extension to the park completion date contained in Resolution 95-242 and previously
modified by Resolution 96-72; is hereby modified to read no later than November 30, 1996.
96-173 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS INSTALLED IN OLD WATERFORD KNOLL SECTION
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Old Waterford Knoll Section I and certified that the value of work
performed is $1,016,521.20; and
WHEREAS, a corporate surety bond in the amount of $1,129,468.00 from the Frontier Insurance
Company was provided by the developer and approved by the Council to guarantee installation of public
improvements for Old Waterford Knoll Section I.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the Frontier Insurance Company in the amount
of $1,129,468.00 is reduced to $112,946.80.
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 tbr public improvements for Old Waterford Knoll Section I.
96-174 RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE FOR SYCAMORE HILL PHASE I - OFFSITE
STORMWATER MANAGEMENT POND
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
Sycamore Hill Phase I - Offsite Stormwater Management Pond.
SECTION II. The irrevocable bank letter of credit in a form approved by the town attorney
from Ohio Savings Bank in the amount of $80,863.00 is approved as security to guarantee installation
of the public improvements shown on plans approved by the Director of Engineering and Public Works
tbr Sycamore Hill Phase I - Offsite Stormwater Management Pond.
96-175 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR
POTOMAC CROSSING SECTION 2B
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 Crossing Section 2B.
SECTION II. The extension of municipal water and sewer for Potomac Crossing Section 2B is
approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The corporate surety in a form approved by the town attorney from The
American Insurance Company in the amount of $720,029.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Potomac Crossing Section 2B.
96-176 RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR
POTOMAC CROSSING SECTION 3A
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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 Crossing Section 3A.
SECTION II. The extension of municipal water and sewer for Potomac Crossing Section 3A is
approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The corporate surety in a form approved by the town attorney from The
American Insurance Company in the amount of $523,795.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Potomac Crossing Section 3A.
96-177 RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR
POTOMAC CROSSING SECTION 3B
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 Crossing Section 3B.
SECTION II. The extension of municipal water and sewer for Potomac Crossing Section 3B is
approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The corporate surety in a form approved by the town attorney from The
American Insurance Company in the amount of $149,424.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Potomac Crossing Section 3B.
96-178 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
FORT BEAUREGARD TOWNHOUSES
WHEREAS, F & M Bank - Winchester, the developer of Fort Beauregard Townhouses, 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 extension adopted on February 13, 1996; and
WHEREAS, the current contract expired on August 2, 1996 and the developer has requested a
ninety (90) day time extension to complete the public improvements; and
WHEREAS, a letter of credit in the amount of $67,500.00 from F & M Bank - Massanutten in
Harrisonburg, Virginia was provided by the developer to guarantee the installation of public
improvements for the Fort Beauregard Townhouses; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$67,500.00 to guarantee installation of the remaining public improvements for the Fort Beauregard
Townhouses.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension of ninety (90) days for the installation of public improvements
is hereby approved for the Fort Beauregard Townhouses.
SECTION II. The letter of credit from F & M Bank - Massanutten in the amount of $67,500.00
is approved to guarantee the installation of public improvements for the Fort Beauregard Townhouses.
96-179 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR THE PERMANENT
CLOSING OF LAWSON ROAD AT TUSCARORA CREEK
WHEREAS, the closing of Lawson Road at the Tuscarora Creek has been included in the Town
Plan for over ten years; and
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WHEREAS, Beauregard Estates Phase I residents have requested the permanent closing of
Lawson Road at Tuscarora Creek; and
WHEREAS, the construction of the cul-de-sac's on each side of Tuscarora Creek is currently
under construction and should be completed by September 1, 1996; and
WHEREAS, the Town Council wants the opportunity for the adjacent landowners and users of
Lawson Road to present comments to the Council regarding the closing of Lawson Road.
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public hearing to permanently close Lawson Road at Tuscarora Creek shall be
published in Leesburg Today on September 11, 1996 and September 18, 1996 for a public hearing on
September 24, 1996 at 7:30 p.m. in the Council Chambers at 25 West Market Street, Leesburg, Virginia.
DISCUSSION:
Mr. Webb pointed out that the school buses are planning to use this road.
Mr. Mason stated that staff would be in contact with the School Board.
96-180 - RESOLUTION - AUTHORIZING A BOUNDARY LINE ADJUSTMENT FOR THE
PUBLIC SAFETY CENTER SITE ON PLAZA STREET
WHEREAS, the town purchased from Leesburg Plaza Shopping Center Associates property on
Plaza Street, on which a public safety center is to be constructed; and
WHEREAS, during the design phase of the Public Safety Center project, it became necessary
to align the entrances to the property with existing entrances to a shopping center and day care facility
on the opposite side of Plaza Street; and
WHEREAS, aligning of the entrances while maintaining good design criteria on the site requires
that the site improvements be moved toward the south property line; and
WHEREAS, an adjustment of the property boundaries is necessary to provide space on which
to locate the site improvements.
WHEREAS, the proposed boundary line adjustment will not change the total area of property
owned by the Town or Leesburg Plaza Center Associates.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Mayor is authorized to execute, on behalf of the town, the documents in a form approved
by the Deputy Town Attorney required to adjust the boundary lines of the property of the Public Safety
Center as necessary to accommodate the revised location of the site improvements.
96-181 - RESOLUTION - AWARDING A CONTRACT FOR THE ENGINEERING AND DESIGN
OF THE EAST MARKET STREET PROJECT TO WILBUR SMITH ASSOCIATES
WHEREAS, proposals were received from engineering consulting firms in response to the
Request for Proposals issued by the town for the engineering and design of the East Market Street
project; and
WHEREAS, the selection committee, including a member of the Town Council, evaluated the
proposals, prepared a shortlist of the best qualified firms, and interviewed each of the shortlisted firms;
and
WHEREAS, the firm of Wilbur Smith Associates was selected as the top ranked firm, and fee
negotiations have been completed; and
WHEREAS, the selection committee recommends award of the engineering and design contract
to Wilbur Smith Associates.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is authorized to sign on behalf of the town a contract in a form approved
by the Town Attorney for the engineering and design of the East Market Street Widening project with
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Wilbur Smith Associates for a total cost plus fixed fee not to exceed $200,214.51.
96-182 - RESOLUTION - AWARDING A CONTRACT FOR ROOF REPAIRS AT IDA LEE PARK
RECREATION CENTER AND MAKINGAN APPROPRIATIONTO FUND THE PROJECT
WHEREAS, following completion of the Ida Lee Park Recreation Center in 1990, numerous
leaks occurred in the roof; and
WHEREAS, during the period from July 1990 to March 1992, numerous attempts were made
by the general contractor to correct the leaks but without complete success; and
WHEREAS, in June 1992, the town engaged the services of a professional roof engineering
consultant to evaluate the design and condition of the roof, and provide recommendations for the
remedial work required; and
WHEREAS, the consultant provided the town with a comprehensive report detailing conditions
which would contribute to leakage in the roof and, unexpectedly, exposed several major deficiencies in
the roof system; and
WHEREAS, as the result of mediation sessions with the general contractor and architect for the
project, the contractor agreed to contribute $132,218.00, and the architect agreed to contribute $41,250
toward the cost of the corrective work; and
WHEREAS, as a result of mediation, a total of $173,480.00 is available to have the work
completed; and
WHEREAS, in June 1996, the town received sealed bids for the roof repairs; and
WHEREAS, the lowest responsive bid was received from Constech, Inc. at $320,000.00; and
WHEREAS, an appropriation of $165,000.00, including an allowance for contingencies, is
required to fully fund the work.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. That an appropriation in the amount of $165,000.00 is made from bond proceeds
to fund the project.
SECTION II. The Town Manager is authorized to execute, on behalf of the town, a contract
with Constech, Inc. in the amount of $320,000.00.
96-183 - RESOLUTION - AUTHORIZING A STREET MAINTENANCE PROGRAM FOR FY97
WHEREAS, the FY97 budget appropriated $355,000 for street resurfacing, street milling and
concrete repairs; and
WHEREAS, the Director of Engineering and Public Works has recommended specific streets
to be included for work in FY97 and listed these in a memorandum dated August 2, 1996.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The street resurfacing program outlined in a memorandum to the Council dated August 2, 1996
in the priority listed, is approved.
96484 - RESOLUTION - DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE
PROCEEDS OF A FINANCING FOR CERTAIN EQUIPMENT
The Town Council of the Town of Leesburg, Virginia (the "Town") has determined that it is
necessary or desirable to advance money to pay the costs of acquiring certain equipment for the town,
consisting primarily of certain vehicles and data processing equipment (the "Project").
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Council adopts this declaration of official intent under Treasury
Regulations Section 1.150-2.
SECTION II. The Town Council reasonably expects to reimburse advances made or to be made
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by the town to pay the costs of acquiring the project from the proceeds of its debt or other financings.
The maximum amount of debt or other financing expected to be issued for the project is $400,000.
SECTION III. This resolution shall take effect immediately upon its adoption.
96-185 - RESOLUTION - REGARDING THE FARMER'S MARKET AT MARKET STATION
WHEREAS, Council approved Resolution No. 96-151 on July 3, 1996, which provided that the
land under Market Station be conveyed by the Town to Market Station, L.L.C. subject to the provisions
of Paragraph 12 of that lease between the Town of Leesburg and Market Square Associates, Inc.
(hereinafter Lease); and
WHEREAS, such Paragraph 12 of the Lease provided that the Town purchase the Farmer's
Market for the sum of one dollar ($1.00); and
WHEREAS, the Department of Housing and Community Development of the Common-wealth
of Virginia has determined that the Town does not have to retain ownership of the Farmer's Market; and
WHEREAS, the Town is willing to convey the land under Market Station, and Market Station
L.L.C. is willing to purchase the land under Market Station without the purchase of the Farmer's Market
by the Town:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Resolution #96-151 is hereby modified to reflect that the Farmer's Market will be conveyed to
Market Station L.L.C. for the sum of one dollar ($1.00) and not purchased by the Town.
96-186 - RESOLUTION - INITIATING AND REFERRING AMENDMENTS TO THE LEESBURG
ZONING ORDINANCE TO PERMIT INDOOR AUTOMOBILE AUCTIONS
WHEREAS, Section 2A-7.(1)b. of the Leesburg Zoning Ordinance prohibits automobile auctions
in all zoning districts within the Town of Leesburg; and
WHEREAS, on August 6, 1996 the Planning and Zoning Committee considered proposed text
amendments to the Leesburg Zoning Ordinance that would permit indoor public automobile auctions
in the B-2 Established Corridor Commercial Zoning District by special exception; and
WHEREAS, on August 6, 1996 the Planning and Zoning Committee forwarded the proposed
zoning ordinance text amendments to the full Council for initiation and referral.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The following text amendments to the Leesburg Zoning Ordinance are hereby
initiated and referred to the Planning Commission for public hearing and recommendation pursuant to
Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended:
Section 2A-7. PROHIBITED USES
(1) Uses Prohibited in all Districts. The following uses are prohibited in all zoning districts
within the Town of Leesburg:
a. Abattoirs and/or rendering plants
b. ~ Automobile Auctions
c. Automobile graveyards
Section 4B-3. SPECIAL EXCEPTION USES
(4) Commercial Uses
Section 4B-8. USE LIMITATIONS
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SECTION II. The Planning Commission shall hold a public hearing to consider these
amendments to the Zoning Ordinance, and report its recommendation to the Town Council pursuant
to Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended.
VOTE:
Aye: Councilmember Buttery, Trocino, Umstattd, B. J. Webb, Wm. F. Webb and Mayor Clem
Nay: None
Absent: Councilmember Emswiller
NEW BUSINESS:
MOTION:
On motion of, and duly 'seconded, the following ordinance was proposed and unanimously adopted.
96-0-27 - ORDINANCE - AMENDING SECTION 21-1 OF THE TOWN CODE
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Code is hereby amended to add the following paragraph to Section 21-1
Public Nudity:
(d) Violations of this section shall constitute a Class 1 Misdemeanor.
SECTION II. This ordinance shall be in effect upon its passage.
MOTION:
On motion of, and duly seconded, the meeting was adjourned at 9:00 p.m.
Clerk of Council
t,¥fies E. Clem, Mayor
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