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HomeMy Public PortalAbout1996_09_10TOWN COUNCIL MEETING MINUTES OF SEPTEMBER 10, 1996 A regular meeting of the Leesburg Town Council was held on September 10, 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 Joseph R. Trocino Kristen C. Umstattd B. J. Webb William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Director of Engineering'and Public Works Thomas A. Mason Director of Planning, Zoning alld Development Michael Tompkins Public Information Officer Susall Farmer Town Attorney George Martin Town Clerk Barbara Markland APPROVAL OF MINUTES MOTION On motion of Ms. Umstattd, seconded by Mr. Buttery, the regular meeting minutes of July 23, 1996, August 13, 1996 and the spccial meeting minutes of August 14, 1996, September 3, 1996, and September 4, 1996 were approved as written. VOTE: Nay: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. F. Webb and Mayor Clem None PROCLAMATION MOTION On motion of Mr. Wcbb, sccondcd by Ms. Umstattd, the tbllowing proclamation was proposed by Dr. Diane Helentjaris and unanimously adopted. A Proclamation Breast Cancer Awareness Month and Mammography Day WHEREAS, breast cancer is the most common form of cancer in women in the United States, accounting for more than 184,000 newly diagnosed cases and approximately 44,000 deaths this year; and WHEREAS, breast cancer is the number one cancer diagnosed in Loudoun women, with more than 175 cases detected in the past three years; and WHEREAS, survey results indicate that Virginia ranks 48th out of 50 states for women age 50 and older who practice breast cancer early detection; and WHEREAS, the combination of mammography, breast examinationby a health care professional, and breast self examination are significant in discovering breast cancer early - when it is most treatable; and WHEREAS, the fiv?-ycar survival rate for breast cancer diagnosed at the local state (confined to the breast) is 96 percent: THEREFORE, I~1'~ IT RI.}S()I.VI!I), that the Mayor and Town Council of the Town of Leesburg do hereby proclaim October 1996 and October 18, 1996 as Breast Cancer Awareness Month and Mammography Day in the Town of Leesburg and urge all women age 40 and older to make a commitment to practice breast cancer early detection by 1) getting a mammogram, 2) having a breast examination by a health care professional, and 3) practicing breast self examinations monthly. VOTE: Nay: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. F. Webb and Mayor Clem None CERTIFICATES OF APPRECIATION Certificates of Appreciation were presented to the winners of the 1996 Biggest Trees of Leesburg contest. Mr. and Mrs. Joe Kelly for the largest tree. Mr. and Mrs. Chuck Bos for the tallest tree and Mrs~ James T. Jackson for the widest tree. PETITIONERS Ms Ann Hart, representing the Antique Guide, addressed the Council thanking them for their support during the past five years the gu. ide has been in existence. Mr. Zimmerman, a resident of 633 Cobbler Terrace, S.E., in the Kincaid Forest neighborhood, addressed the Council expressing many concerns with the development. Among Mr. Zimmerman's concerns were no access to the W&OD Bike Trail, the proposed park has not been completed, no final pavement, grading or landscaping, substandard work, two year extension for the completion of the pool. Mr. Zimmerman requested that the Council require First Potomac to fulfill all the bond obligations, that no future extensions be granted and that all developers be held accountable to provide higher standards in future developments in the town. Mayor Clem pointed out that there had been a problem with access to the bike trail, but has been resolved with the Northern Virginia Regional Park Authority. He stated that town staff has met with the Kincaid HOA and that positive efforts have been made. Mayor Clem encouraged Mr. Zimmerman to contact Mr. Mason, Director of Engineering and PuNic Works to discuss the progress of the development. Mr. Frank Ghassini, requested thc ('ouncil consider an amendment to the Zoning Ordinance to permit a vehicle sales facility in thc B- 1 district on l)epot Court. This matter was referred to the October l, 1996 Planning and Zoning Committee for further consideration. Mr. Robert Primack, a resident of Leesburg, expressed concern with the rip rap installed near the bridge at Sycolin Road, commenting that it is unattractive. He also expressed concern with the County's new parking facility, suggesting more user friendly signs. Mr. Rick Etter, a resident of 749 Vanderbilt Terrace, S.E., requested an update and progress report regarding the concerns expressed by residents in his development. Mr. Brown stated that an inspection has been completed, however he has not yet seen the results. He asked that Mr. Etter contact him to discuss the results of the inspection. Mr. Chuck Kaster, a Leesburg resident, suggested the Town Council read the County's cable franchise agreement. PUBLIC HEARING to consider amendments to the Leesburg Subdivision and Land Development Regnlations and Zoning Ordinance regarding development fee increases. Mr. Tompkins provided thc staff report. Mr. Trocino questioned why thc town's development fee charges were so much lower than neighboring jurisdictions. He suggested additional research. No public comment was received. This matter was referred to the Finance Conunittee agenda. COUNCILMEMBER COMMENTS Mr. Webb reported that he has received numerous, favorable calls regarding the recent installation of the two new traffic signals in town. He urged Leesburg and Loudoun County residents to support the Hospital's annual rummage sale on September 20 and 21 at thc 411 grounds. Proceeds are to benefit long term care and the proposed extended care facility. Mr. Buttery concurred with Mr. Wcbb's positive comments regarding the two new traffic signals. He asked CO 9/10/96 -2- that Mr. Brown have staff look into the cycle of the traffic signal at Route 621. Mr. Buttery asked that shall provide a report on any proposed upgrades to the Sycolin Road. He stated the pavement is deteriorating. Mr. Buttery invited town and county residents to use the Balch Library. He reported on the many upcoming events proposed at the library. Ms. Umstattd suggested a Certificate of Appreciation be presented to Mike of Tyme Books for his efforts beautification efforts in the town by the donation of a bench and planting of a tree. Mr Trocino stated he has received numerous calls and E-mails from residents with regard to the lack of choices for the proposed water tank site. lie stated this matter needs additional research. Mr. Trocino attended the opening of the new terminal at Dulles Airport and he will be attending the VML Legislative Policy Committee in Richmond later in the week. Ms. Emswiller stated she is hearing more and more that developers in the town are not fulfilling their obligations. He suggested the Town Council take a hard look into the situation before it becomes worse. She questioned what the Town Council can do to raise the standards to ensure the town residents get what they pay for. Ms.~ Webb stated she had the opportunity to ride with Police Officer Christy Huxta and reported that there seems to be a higher percentage of drug and alcohol abuse by the younger people. Ms. Webb has received calls from residents in the Foxridge Subdivision with regard to passing school buses and speeding. She asked that the police department look into this. Ms. Webb stated the sidewalks in the Historic District are in serious disrepair. MAYOR'S REPORT Mayor Clem urged all citizens to become aware of school buses loading and unloading children. Mayor Clem cautioned homcbuycrs to ask questions and do some research of developments before buying a home. Mayor Clem thanked the police department for putting closure on three incidents that happened in the town last week. MANAGER'S REPORT Mr. Brown highlighted items in the Manager's Report. He announced a Block Party Permit for Tuscarora Drive, S.W., on Saturday from 2 p.m. to 6 p.m. LEGISLATION 11. (a) MOTION On motion of Umstattd, seconded by Ms. Webb, the following ordinance was proposed and adopted. 96-0-29 - ORDINANCE -AMENDING SECTION 12.1-47 OF THE TOWN CODE TO ADD HEALTH INSURANCE BENEFITS FOR RETIRING TOWN EMPLOYEES UNDER THE AGE OF 65 WITH FIFTEEN OR MORE YEARS OF SERVICE WHEREAS, because of the high cost of health insurance, town employees desiring to retire are discouraged from retiring until they obtain 25 years of service; and WHEREAS the cost of keeping eligible retirees on the town's group health insurance plan would be offset by lower payroll costs; and THEREFORE, ORDAINED by'the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 12.1-47. Hospitalization and Insurance of the Town Code and Personnel Manual is hereby amended to read as follows: Section 12.1-47. ltospitalization and Insurance. CO 9/10/96 -3- (a) All employees of the town, unless provided otherwise by these rules, are required to participate in group life, basic hospital/surgical-medical, major medical and disability income programs as approved by_the town Council. The town shall pay all of the total monthly individual premiums for said coverage described above. The individual employee shall pay the additional hospitalization premiums for the spouse, family or other dependent overages when a coverage is requested by the emploYee. (b) Employees eligible for retirement benefits under the state retirement s~stem with ret;.r;.ng frem tke tewn a minimum of 15 years of town service shall be eligible to participate in the town's group health insurance until age 65 at which time they shall be dropped from coverage. Retired Employees eligible for retirement benefits under the state retirement system with 15 or more years of service and less than 20 years of service participating in the plan shall be required to pay one-half of the monthly individual health insurance premium. ..........~,m,,~ ............................. ;~A;,,;a,,~ ~,~,~ ~nsurance premium. ~;,~a Employees eli~ble for retirement benefits under the state retirement system with 20 years of se~ice or more may participate in the plan at no cost to them. Retired employees participating in the plan must pay all of the additional premium for spouse, family or other dependent coverage as requested by the retiree. SECTION II. This ordinance shall be effective upon its passage. VOTE: Aye: Nay: Councilmember Buttery, l-}mswillcr, Trocino, Umstattd, B. J. Webb, Wm. F. Webb and Mayor Clem None 11. (b), (c), (d), (e) MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolutions were proposed as consent items and adopted. 96-189 - RESOLUTION -AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR EXETER HILLS SECTION 5B 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 Exeter Hills Section 5B. SECTION II. The extension of municipal water and sewer for Exeter Hills Section 5B is approved in accordance with Section 15-9 and 19-18 of the Town Code. SECTION III. A corporate surety bond in a form approved by the town attorney from The American Insurance Company in the amount of $938,537.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Exeter Hills Section 5B. 96- !90 - RESOLUTION - ACCEPTINGPUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE DULLES TOLL ROAD (DULLES GREEN-WAY) WHEREAS, Toll Road Investors Partnership II, L.P. (TRIP II), the developer of the Dulles Toll Road (Dulles Greenway), has completed the public improvements in accordancewith approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from AMWEST Surety Insurance Company in the amount of $263,897.40 is released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $65,974.35 is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 96-191 - RESOLUTION - AUTIIORIZING A TIME EXTENSION FOR INSTALLATION OF I~UBLIC CO 9/I0/96 -4- IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR MANORS OF LEESBURG CHURCH PROPERTY STORM DRAINAGE OUTFALL WHEREAS, Rivermead Homes, Inc., the developer of the Manors of Leesburg Storm Drainage Outfall, has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the period of time agreed to in the contract for public improvements; and WHEREAS, the developer has requested a time extension to complete the storm drainage outfall on the Saint John the Apostle property adjacent to the Manors Subdivision; and WHEREAS, the town has finally received signed easements from the Diocese of Arlington which will now enable Rivermead to begin construction and complete the necessary public improvements; and WHEREAS, a corporate surety bond in the amount of $30,000.00 from the Seaboard Surety Company was provided by the developer to guarantee the installation of public improvements for the Manors of Leesburg Storm Drainage Outfall; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $30,000.00 to guarantee installation of the remaining public improvements for the Manors of Leesburg Storm Drainage Out fall. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension to November 30, 1996 for the installation of public improvements is hereby approved for the Manors of Leesburg Storm Drainage Outfall. SECTION II. The corporate surety bond from the Seaboard Surety Company in the amount of $30,000.00 is approved to guarantee the installation of public improvements for Manors of Leesburg Storm Drainage Outfall. 96-192 - RESOLUTION - AUTHORIZING REIMBURSEMENT FOR WATERLINE CONSTRUCTION WHEREAS, the adopted FY 1997-2001 Capital Improvements Program includes the Phase III Main Zone Water System Improvements project for construction in FY 97; and WHEREAS, development of Sycamore Hill by Balfour Holding, Incorporated affords the town the opportunity to have a significant portion of the Phase III water system improvements constructed by Balfour Holding, Incorporated at a substantial savings to the town; and WHEREAS, Balfour Holding, Incorporated has agreed to construct 1,254 feet of 24" waterline, including valves and fittings, for a cost of $38,590.00 including the cost for rock excavation, unsuitable material excavation and undercut or replacement with select fill; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is hereby authorized and directed to reimburse Balfour Holding, Incorporated upon completion of construction of the 24" waterline improvement in the amount of $38,590.00. VOTE: Aye: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. F. Webb and Mayor Clem Nay: None MOTION On motion of Mr. Trocino, seconded by Mr. Webb, the following resolution was proposed and adopted. 96-193 - RESOLUTION - SUPPORTING THE EFFORTS OF THE MARSHALL CENTER TO OBTAIN FEDERAL AND STATE SUPPORT WHEREAS, the Marshall International Center would expand economic and tourism opportunities for the Town of Leesburg; and WHEREAS, the Town of Leesburg looks forward to the prompt completion of the Marshall Center; and WHEREAS, the Town of Leesburg seeks to expedite the completion of the Marshall Center. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town of Leesburg and its staff will work with officials at the Marshall Center and provide all reasonable assistance to the Marshall Center in its effort to obtain federal and state support. Mr. Nestor Sanchez, representing the Marshall Foundation, was present to address any questions. CO 9/10/96 -5- VOTE: Aye: Nay: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. F. Webb and Mayor Clem None _ MOTION: On motion of, arid duly seconded, the meeting was adjourned at 8:45 p.m. Clerk of Council · Clem, Mayor CO 9/10/96 -6-