HomeMy Public PortalAbout1997_03_25TOWN COUNCIL MEETING MINUTES OF MARCH 25, 1997
A regular meeting of the Leesburg Town Council was held on March 25, 1997, at 7:30 p.m., in
the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by
Mayor Clem.
I. INVOCATION: Councilmember Joseph R. Trocino
II. SALUTE TO THE FLAG: Councilmember B. $. Webb
IIL ROLL CALL: PRESENT WERE: Councilmembers Buttery, Emswiller, Trocino, B. J. Webb and
Mayor Clem. ABSENT WERE: Councilmembers Umstattd and William Webb.
IV. APPROVAL OF MINUTES:
MOTION: On motion of Mr. Buttery, seconded by Ms. Emswiller, the regular meeting minutes of
February 25, 1997 and March 11, 1997 were approved as submitted.
V. PETITIONERS:
Mr. Richard Pederson, a resident of 2 Linden Hill Way, addressed the Council expressing concerns with
the completion of the development. He urged the Council to help the residents with the process of
amending the proffers regarding the stormwater management pond.
Mr. Allen Furman, a resident of 37 Linden Hill Way, addressed the Council regarding the Linden Hill
Subdivision. Mr. Furman submitted a written statement which is made a part of the official record.
VI. PUBLIC HEARINGS:
6.a. TO CONSIDER BOUNDARY LINE VATION #BLV 96-03 LEELAND HEIGHTS
Chief of Current Planning, Lee Phillips provided the staff report.
No public comment ~vas received. Mayor Clem closed the public hearing.
6.b. TO CONSIDER BOUNDARY LINE VACATION #BLV97-01 MEADOW BROOK FARM
ESTATES
Chief of Current Planning, Lee Phillips provided the staff report.
Mr. Peter Kalaris representing the property in question, asked the Council to refer this matter to the
appropriate Committee for further consideration. Mr. Kalaris stated proper notification to all adjoining
property owners xvas sent.
No public comment was received. Mayor Clem closed the public hearing. This matter was referred to the
April 1, 1997 Planning and Zoning Committee agenda.
6.c. TO CONSIDER THE PROPOSED BUDGET FOR FISCAL YEAR JULY 1, 1997 - JUNE 30,
1997
Town Manager Steven C. Brown and Deputy Town Manager Gary A. Huff provided a slide presentation
and the staff report regarding the proposed budget.
The following is a summary of the public comments received regarding the proposed
FY97/98 budget:
Larry Clem representing the rescue squad requested additional funding.
Becky Ottinger representing the YMCA requested additional funding. Renee Owens and
Mary Morris, Principal of Cool Spring Elementary School supported the request.
Don McMurray representing the Loudoun Tourism Council requested additional funding.
William Frazier representing the Loudoun Library Foundation requested additional
funding.
Marc Weiss, Chairman of the Leesburg Economic Development Commission (LEDC) spoke
in support of th,~LEDC's budget recommendations. The LEDC requests additional funding
in the budget tl~ire an additional, professional staff member. The LEDC encourages the
Council to fund the Loudoun Tourism Council's request, as well as urges the Council to keep
the parking policy as it is today.
George Hammond spoke in favor of the town's 911 system.
Don Raines representing the Civil Air Patrol requested additional funding for the airport.
Artie Williams, an instructor at the airport, requested additional funding for the airport.
Frank Ratio offered some constructive criticism on the budget document.
Peter Dunning representing Bluemont Concert Series requested additional funding.
Kathleen Robinson spoke in favor of the town's 911 system.
Gloria Williams spoke in favor of the town's 911 system as did Deborah Shelton and Mary
Reed.
Steve Hood representing the Leesburg Police Auxiliary spoke in favor of the town's 911
system as did Raymond Kirkpatrick.
The public hearing was closed.
VII. COUNCILMEMBER COMMENTS:
Mr. Buttery had no comment.
Mr. Trocino thanked everyone who attended and participated in the U.S. Customs ceremony
at the Leesburg Airport. Mr. Trocino emphasized the importance of the 911
communications issue and that the welfare and safety of all of Leesburg's residents and
police officers is the Town Council's main concern.
Ms. Emswiller thanked the staff for the report and slide presentation on the proposed
budget. Ms. Emswiller referred to the 911 communication issue and stated this Town
Council will do what is in the best interest for the town's citizens and the town's police
officers. Ms. Emswiller attended the VDOT Six-Year public hearing where Senator Waddell
spoke in support of the Town of Leesburg. Ms. Emswiller attended the grandopening of the
Central Fidelity Bank on East Market Street and welcomed this new business. Ms.
Emswiller received a call from a Leesburg resident who is concerned that all the trees will
be cut down (luring the construction of the Chelsea Outlet Mall. Ms. Emswiller wished
everyone a happy Easter.
Ms. Webb echoed Mr. Trocino's comments regarding the 911 communications issue, stating
this is at the top of the Council's list of issues to resolve. The health, safety and welfare of
the town's citizens and police officers is the Town Council's utmost priority. Ms. Webb
attended a luncheon honoring Loudoun County's 1996 Women of the Year, Mrs. Betty
Flemming and Mrs. Inge Ridel. Ms. Webb attended the Loudoun School of Business
Partnership Breakfast. Ms. Webb met with representatives of Pence Friedel. Ms. Webb
requested an update of the Linden Hill Subdivision.
MAYOR'S REPORT
Mayor Clem thanked Ms. Webb and Ms. Emswiller for attending the meetings on his behalf.
Mayor Clem attended the Tae Kwon Do graduation ceremonies where Deputy Town
Attorney Deborah Welsh's son Taylor Welsh was a black belt graduate. Mayor Clem
attended the U.S. Customs ceremony. Mayor Clem referred to a letter he sent to Loudoun
County Chairman of the Board Dale Polen Myers regarding the 911 communications issue.
MANAGER'S REPORT
Mr. Brown briefly highlighted items in the Manager's Report.
LEGISLATION:
10. (a)
MOTION: On motion of Mr. Trocino, seconded by Mr. Buttery, the following ordinance was
proposed and adopted.
97-0-08 ORDINANCE - APPROVING VACATION THE. BOUNDARY LINE
BETWEEN LOTS'8 AND 9, 9 AND 10, 10 AND 11, 12 AND 13, 14 AND 15, AND 15
AND 16, TAX MAP 47B ((2)), LEELAND HEIGHTS SUBDIVISION
WHEREAS, the Loudoun County tax records show boundary lines separating Lots 8
and 9, 9 and 10, 10 and 11, 12 and 13, 14 and 15, and 15 and 16; and
WHEREAS. the o~vner desires that the boundary lines between Lots 8 and 9, 9 and
10, l0 and 1 l, 12 and 13, 14 and 15, and 15 and 16 be vacated to create three (3) residential
lots that conform to the Leesburg Zoning Ordinance; and
WHEREAS, The proposed three (3) consolidated lots would meet the various
requirements of the Leesburg Zoning Ordinance; and
WHEREAS, The Town Council held a public hearing on this application on March
25, 1997:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
Boundary Line Vacation application #96-03, authorizing the vacation of boundary lines
separating Lots 8 and 9, 9 and 10, l0 and 11, 12 and 13, 14 and 15, and 15 and 16, Loudoun
County Tax Map 47B ((2)) is hereby approved as shown on the plat of vacation prepared by
Zicht Engineering Limited dated
December 12, 1996.
10. (b)
MOTION: On motion of Mr. Trocino, seconded by Ms. Webb, the following ordinance was
proposed and adopted.
97-0-09 - ORDINANCE - AMENDING ARTICLE 9. LANDSCAPING, SCREENING
AND OPEN SPACE REGULATIONS OF THE LEESBURG ZONING ORDINANCE
WHEREAS, Section 15.1-14.2 of the Code of Virginia permits certain localities to
provide for the planting and replacement of trees during the development process; and
WHEREAS, the proposed amendments to Article 9. Landscaping, Screening and
Open Space Regulations of the zoning ordinance incorporates this state enabling legislation;
and
WHEREAS, the proposed amendments promote the town's distinction as a Tree City
USA; and
WHEREAS, on November 12, 1996 Council initiated and referred to the Planning
Commission an amendment to Article 9. Landscaping, Screening and Open Space
Regulations; and
WHEREAS. on December 19, 1996 the Planning Commission held a public hearing
on these amendments; and
WHEREAS, on February 6, 1997 the Planning Commission recommended approval
of the amendments, as amended; and
WHEREAS. on March ll, 1997 the Council held a public hearing on the proposed
amendments; and
WHEREAS the proposed amendments are in the interest of public necessity,
convenience, general welfare and good zoning practice.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Amendments to ARTICLE 9. LANDSCAPING, SCREENING AND
OPEN SPACE REGULATIONS of the Leesburg Zoning Ordinance are hereby approved as
contained in the text under this title and as submitted to Council March 18, 1997.
SECTION II. Any new development for which the Town Land Development Official
has accepted for review a complete application for a final plat or final plan or minor
subdivision plat or preliminary/final development plan prior to the effective date of this
ordinance shall be vested in the zoning regulations of the Town effective at the time the
aforementioned plat or plan was accepted. Any redevelopment or new construction, not
proposed on the vested plat or plan shall be governed by the then current zoning ordinance
of the Town.
4
SECTION III. Severability. If any portion of these amendments is declared invalid
by a court of competent jurisdiction, the decision shall not affect the validity of amendments
as a whole or any remaining provision of the Leesburg Zoning Ordinances.
SECTION IV.
SECTION V,
DISCUSSION:
All prior ordinances in conflict herewith are repealed.
This ordinance shall become effective upon its passage.
Ms. Webb emphasized the importance of this legislation and that the town needs an arborist
to enforce the legislation.
Ms. Webb and Mr. Trocino thanked the Tree Commission for their hard work.
I
10. (c) thru 10. (m)
MOTION: On motion of, and duly seconded, the following resolution were proposed as
consent items and adopted.
97-66 - RESOLUTION o MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS INSTALLED IN TOWNES OF VANDERBILT SECTION
IA
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Townes of Vanderbilt Section II and certified that the value of work
performed is $25,398.00; and
WHEREAS, a letter of credit in the amom~t of $163,178.00 from the Washington Savings
Bank was provided by the developer and approved by the Council to guarantee installation of public
improvements for the Townes of Vanderbilt Section II, and this letter of credit ,,vas reduced to
$46,566.00 by Resolution #95-254 adopted December 12, 1995.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from Washington Savings Bank in the current amount of
$46,566.00 is reduced to $21,168.00.
SECTION II. The Town Manager shall notify the developer that liability for the letter of credit
has been reduced as outlined in Section I of this resolution and that this reduction does not constitute
acceptance of public ilnprovements by the town or relieve the developer of responsibilities outlined in
the contract for public improvements for the Townes of Vanderbilt Section II.
97-67 - RESOLUTION - AUTHORIZING AN AGREEMENT FOR TOWNES OF
VANDERBILT SECTION III
WHEREAS, the construction drawings and final plat for Townes of Vanderbilt Section III have
been approved; and
WHEREAS, the developer, The Double T Corporation, wishes to proceed with installation of
the public improvements without providing a performance guarantee; and
WHEREAS, the final plat for Townes of Vanderbilt Section III cannot be recorded until all the
public improvements are completed and accepted by the Town Council or a performance guarantee
acceptable to the Town Council is provided by the developer.
THEREFORE, RESOLVED by the Council of the Toxw~ of Leesburg in Virginia as follows:
The Town Manager shall execute the contract for public improvements with The Double T
Corporation for the improvements shown on the plans approved by the Director of Engineering and
Public Works for Townes of Vanderbilt Section III.
97-68 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
GREENWAY FARM REGIONAL S/W MANAGEMENT POND PHASE I
WHEREAS, Winchester Homes, the developer of Greenway Farm Regional S/W Management
Pond Phase I, has not completed all the required public improvements in accordance with the approved
construction drawings and toxw~ 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 $695,215.00 from the Safeco Insurance
Company of America was provided by the developer to guarantee the installation of public
improvements in the Greenway Farm Regional S/W Management Pond Phase I.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the Safeco Insurance Company of America in the
amount of $695,215.00 is approved to guarantee the installation of public improvements in the
Greenway Farm Regional S/W Management Pond Phase I.
SECTION II. A time extension to March 23, 1998 for completion of the public improvements
is approved.
97-69 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS AT POTOMAC CROSSING/BATtLEFIELD PARKWAY
WHEREAS, Arcadia Building Company, the developer of Potomac Crossing/Battlefield
Parkway has completed the public improvements with approved plans and town stm~dards, 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 The American Insurance Company in the mount
of $56,545.60 is released, a new security m a form approved by the town attorney for a maintenance
guarantee in the amount of $28,272.80 is approved, and shall be in effect for a period of one year from
this date.
97-70 - RESOLUTION - AUTHORIZING AN AUDITING SERVICES CONTRACT WITH
MITCHELL, WALLACE & CO.
WHEREAS, proposals were solicited from certified public accounting firms to provide the town
with auditing services for the fiscal year ending June 30, 1997, with the option to renew for the
subsequent four years; and
WHEREAS, from the proposals received, the firm of Mitchell, Wallace & Co., was determined to
be the finn best qualified to provide the town with the auditing services requested.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager is authorized to execute a contract with Mitchell, Wallace & Co. for the
purpose of providing the town with auditing services for the fiscal year ending June 30, 1997, with the
option to review for the subsequent four years. The scope of their services will be those contained in their
March 7, 1997, proposal with a not to exceed fee of $30,000 for 1997 and the fee for the four option years
will be renegotiated at the time of renewal.
97-71 - RESOLUTION -AUTHORIZING A CONTRACT WITH HTE, INC. FOR REAL ESTATE
AND PERSONAL PROPERTY TAX BILLING AND COLLECTIONS SYSTEMS
WHEREAS, proposals were received from computer software vendors to provide the town with
computer software to replace its real estate and personal property tax billing and collections systems; and
WHEREAS, the proposals and firms responding were revie~ved and evaluated by town staff for
their abili~' to best meet the town's needs; and
WHEREAS, based on staffs review and evaluation the finn of HTE, Inc. was judged to be the
firm that will provide the software solution that best meets the town's needs.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager is authorized to execute a contract with HTE, Inc. for the purpose of
providing the town with a real estate and personal property tax billing and collection system in accordance
with the town's request for proposals and their proposal dated January 31, 1997. The cost of these services
including licensing fee, annual support and file conversion shall be $56,300.
97-72 - WAIVING FEES, FOR THE FRIENDS OF IDA LEE "BATTLE OF THE BANDS'*
WHEREAS. the Friends of Ida Lee is a non-profit 501C3 organization designed to raise funds for
Parks and Recreation Services in the Town of Leesburg; and
WHEREAS, the Friends of Ida Lee conducted their first fund raising event on February 22, 1997,
entitled "Battle of the Bands"; and
WHEREAS, the event was held after normal operating hours at tile Ida Lee Recreation Center
which required two Town of Leesburg police officers for security purposes; and
amount
WHEREAS, the cost for police services ~vas $400.00; and
WHEREAS, the Friends of Ida Lee has requested a waiver of fees for police services in the
of $400.00; and
WHEREAS, the Town Council Finance Committee reco~nmended waiving the respective fees.
THEREFORE, RESOLVED by tile Council of tile Town of Leesburg in Virginia as follows:
Tile town manager is hereby authorized to waive police service fees in the amount of $400.00.
97-73 - RESOLUTION - WAIVING FEES FOR THE LOUDOUN COUNTY CHAPTER OF THE
AMERICAN RED CROSS
WHEREAS, the Loudoun County Chapter of tile American Red Cross conducts its annual
"People Helping People" 5K race and fun run in October of each year in the downtown area of Leesburg;
and
WHEREAS, tile event is scheduled after normal operating hours and requires fees to be paid to
cover police services and public works services: and
WHEREAS, tile Loudoun County Chapter of the A~nerican Red Cross has requested a fee waiver
for police services in the amount of $800.00 from the 1996 race; and
WHEREAS, the Loudoun County Chapter of tile A~nerican Red Cross has requested a fee waiver
for polices in the amount of $960.00 and public works services in the amount of $180.00 for the 1997
race: and
WHEREAS, the Loudoun County Chapter of tile American Red Cross has requested that the
"People Helping People" 5K race and fun run be approved as an annual event in the Town of Leesburg
thus allowing the Red Cross to receive a permanent fee waiver for police and public works services; and
WHEREAS, tile Town Council Finance Committee recommended waiving the respective fees
and recommended the approval of the race as an annual event.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Tile town manager is hereby authorized to waive police services in the amount of $800.00 for the
1996 race, to waive police and public works services in the amount of $1,140.00 for the 1997 race, and to
administratively process the "People Helping People" 5K race and fun run as an annual event within the
Town of Leesburg.
97-74- RESOLUTION - WAIVING FEES FOR THE LEESBURG GARDEN CLUB'S HISTORIC
GARDEN WEEK HOMES TOUR
WHEREAS, tile Leesburg Garden Club will be hosting tile Historic Garden Week Homes Tour in
downtown Leesburg on April 20 and 21, 1997; and
WHEREAS. the event will require police services in the amount of $320.00, and public works
services in the amount of $120.00; and
WHEREAS, tile Leesburg Garden Club has requested a waiver of fees for police and public
works services in the amount of $440.00: and
WHEREAS, the Town Council Finance Committee recommended waiving the respective fees.
THEREFORE, RESOLVED by tile Council of the Town of Leesburg in Virginia as follows:
The town manager is hereby authorized to waive police service fees in the amount of $320.00 and
public works service fees in the amount of $120.00.
97-75 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING FOR AN
ORDINANCE AMENDMENT REGARDING PROPOSED INCREASE IN AIRPORT FIXED
BASED OPERATOR FEES
WHEREAS, it is the desire of Council to consider an amendment of the Town Code regarding
Airport Fixed Base Operator Fees; and
WHEREAS. a notice of public hearing, pursuant to state law, is required prior to a public
hearing:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public hearing to consider amendment of Section 2.1-6 of the Leesburg Town Code
regarding Fixed Base Operator Fees is hereby authorized. Notification shall be published in Leesburg
Today on April 30, and May 7, 1997 for a public hearing on Tuesday, May 13, 1997, at 7:30 p.m., in the
Council Chambers, 25 West Market Street, Leesburg, Virginia.
97-76 - RESOLUTION - ACCEPTING AN OFFER FROM AUTO MASTERS' OF LEESBURG
FOR THE PURCHASE OF THE SURPLUS STREET SWEEPER
WHEREAS, the town's 1981 Elgin Street Sxveeper was authorized to be sold as surplus
property and was included in the auction held last fall at fl~e town's Public Works Facility; and
WHEREAS, several sweeper dealers and paving companies were contacted prior to the surplus
auction but did not bid on the street sweeper; and
WHEREAS, the highest bid recc:ved at the auction for the sweeper was $1,800.00 and was
rejected because it was so far below the estimated value of $6,000.00 for the sweeper; and
WHEREAS, the town has received a written offer in the amount of $5,000.00 from Aut°
Masters' of Leesburg for the purchase of the toxvn's surplus street sweeper; and
WHEREAS, the tox~a~ considers the $5,000.00 offer from Auto Masters' of Leesburg to be the
fair market value.
THEREFORE, RESOLVED by the Com~cil of the Town of Leesburg in Virginia as follows:
The Town Manager is authorized to accept the $5,000.00 offer from Auto Masters of Leesburg
for the purchase of the town's surplus 1981 Elgin street sweeper.
On ~notion off and duly seconded, the meeting was adjourned at 10:10 p.m.
lem, Mayor
Clerk of Council