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HomeMy Public PortalAbout1980_03_12 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 12 , 1980 . 164 A regular meeting of the Leesburg Town Council was held in the Council Chambers . 10 West Loudoun Street, Leesburg, Virginia , on March 12 , 1980 at 7 : 30 P .M. The meeting was called to order by the Mayor, with the invocation by Mr. Tolbert and followed with the Salute to the Flag led by Mr. Murray. Present were : Mayor Kenneth ,B. Rollins, Councilmembers Stanley D. Herrell, Jr . , G. Dewey Hillrl4alter F. Murray and John W. Tolbert, Jr. ; also Town Manager John Niccolls , Assistant Manager Jeffrey H. Minor . Director of Finance Donald O. Taylor and Town Attorney George M. Martin. Absent from the meeting were Councilmembers Glen P. Cole and Marylou Hill . The minutes of the regular meeting of February 27 , 1980 were approved as corrected, deleting G. Dewey Hill , Jr . from the vote on all ordinances and resolutions. MANAGER' S REPORT: (1) Mr. Niccolls called attention to the investment schedule prepared by Mr. Taylor. A high bid today on a 30-day Certificate of Deposit for $500 , 000 was 15 . 75 percent. We try to keep our money in short term maturities when interest rates are rising and put them into longer term maturities when they are falling so that we lock up the higher rates . Our yield this year on idle funds will be substantial and we can expect a major reduction next year. Mr. Taylor said both F & M and Virginia National Bank submitted the same bid - it has not been awarded yet. There was discussion and explanation concerning the investment of some of these funds in repurchase agreements . Mr. Hill asked if it would not be better to put some of this money into the 30-day 15 . 75 percent C.D. ' s? Mr. Taylor explained further concerning the repurchase agreement investment as opposed to the C.D. ' s. Mr. Niccolls said they would be looking further into the longer term 30-day investment to see if they can gain an extra one percent. (2) He called attention to the financial report for February. Mr. Taylor has realized $40 , 700 in investments in the General Fund, where the Budget only anticipated $24 , 000 for the whole year, and with several months to go . (3) There has been some Publicity about a particular House Bill that would have changed some rules in the annexation game. Loudoun County lobbyists were sent to Richmond to try to secure an emergency clause on that Bill so that it might impact the cur- rent McKimmey annexation. He spent some time on this and received a letter from Mr. Waddell , who said he opposed the Bill and they were successful in keeping the emergency clause out of it. After that decision, he voted for the Bill . (4) Word was received today that the pre-trial conference on the McKimmey annexation will be held April 8th at 10; 00 A.M. at the Arlington County Court House . (5) Work on the Potomac River Filtration Plant is proceeding nicely despite the rather cold weather . The engineer will be pro- posing some additional cost saving measures and there will be some additional change orders . The water transmission line is finished and Town Forces have coordinated efforts to place rock on the road. The line has been tested and there are no leaks - it was an excellent job. (6) With regard to the problem of coordinating construction on the old VEPCO right-of-way and the relocation of the J. T. Hirst business, Mr. Shope worked with the Northern Virginia Regional Park Authority and we are going to help Hirst by keeping them there as long as possible during the construction that will begin this summer. (7) Century Aviation has apparently been recapitalized - they are current with us on all rents . It is felt that the total invest- ment made by the new owners will resolve the financial problems , at least in the short run. The paper work should be ready by the next meeting. (8) He called attention to the Capital Projects Summary pre- pared by Mr. Shope . MINUTES OF MARCH 12 , 1980 MEETING, i �+ COUNCILMEMBER INQUIRIES AND COMMENTS : 16 5 Mr. Herrell asked what is being planned for the ROBO car wash property on Loudoun Street? Mr. Niccolls thought Mr. Wil- hoit bought the property and is going to build an office . Mr. Herrell asked if the same people will still be running the Airport? Mr. Niccolls said they will manage it, but they will not be majority stockholders. Mr. Hill suggested that Mr. Niccolls send a copy of his letter to Mr. Bos concerning the annexation to the Preservation Society to explain why Council took the position it did. Mr. Tolbert said he has sent a letter to the President , Mrs . Evelyn Johnson. Mr. Murray said her letter in the newspaper referred to"a businessman who--was. pro-growth appointed by the Mayor. " He said he was not ap- pointed by the Mayor, he was unanimously appointed by the Council . Mr. Niccolls said Mr. Tolbert prepared a letter similar to the one he wrote to Mr. Bos _ - it makes reference to her erroneous assump- tion concerning this . MAYOR'SN RE PO RT: CO Mayor Rollins asked if the water leak on Edwards Ferry Road CO was on the line coming from the Carr tank? ter . Niccolls said it Nwas not, it was on the old line . If this job could be re-engineered, W he thought this line would be taken out . It does still serve homes and circulates water through Lowenbach Subdivision, etc . Possibly Q this line may have been damaged by heavy equipment during construc- Q tion. The other line is much deeper. There are some cross-con- nections between the old and the new lines . He thought the bottom broke out of the pipe - it was probably old cast iron pipe . 80-0-3 - ORDINANCE - AMENDING THE LEESBURG ZONING'ORDINANCE . On motion of Mr. Tolbert, seconded by Mr. Hill , the following ordinance was proposed : WHEREAS , the Planning Commission on July 5 , 1979 initiated an amendment of the Leesburg Zoning Ordinance to delete provisions pertaining to land development and off-site fees now contained in the Subdivision and Land Develop- ment Regulations and to add new provisions concerning (1) the administration and enforcement of the zoning ordinance, (2) the responsibilities of the Zoning Administrator : (3) landscaping of commercial development and parking lots; and (4) conditional zoning : and WHEREAS , the Planning Commission conducted a public hearing on the proposed amendments in line with Sec . 15 . 1-431 on August 2 , 1979 ; and WHEREAS, the Planning Commission on December 6 , 1979 recom- mended adoption of the proposed amendments; and WHEREAS ,, this Council conducted a public hearing on the pro- posed amendments in line with Sec. 15. 1-431 on February 13 1980 : NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg, Virginia, as follows ; SECTION I . Articles 9 and 9A of the Leesburg Zoning Ordi- nance are amended to read as follows: ARTICLE 9 - ADMINISTRATION AND ENFORCEMENT 9-1 Zoning permits . requixe3>'etc . 9--1-1 No person shall construct, reconstruct, move , alter or add to any building in any way governed by this Ordinance without first making proper application , paying the required fee and receiving a zoning per- mit from the Zoning Administrator. MINUTES OF MARCH 12 , 1980 MEETING . 166 9-12 The zoning permit shall statethat the proposed project , as shown by the plans and specifications filed with the Zoning Administrator, is in com- pliance with the provisions of this Ordinance and Chapter 13 , Article IV of the Leesburg Town Code. 9-1-3 Every application for a zoning permit shall be ac- companied by plans in duplicate, drawn to scale in black line or blueprint, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use ,' in whole or in part; the exact location, size, elevation and height of any build- ing or structure to be erected or altered; the existing and intended use of each building or struc- ture or part thereof; the number of families or housekeeping units the building is designed to ac- commodate and, when no buildings are involved, the location of the present use and proposed use to be made of the lot and such other information required by the Zoning Administrator with regard to the lot and neighboring lots as may be necessary for the enforcement of this Ordinance . 9-1-4 One copy of the plans shall be returned to the owner when they have been approved by the Zoning Adminis- trator, together with the approved or disapproved zoning permit. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on actual survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started. 9-1-5 Where a development plan has been submitted to and approved by the Leesburg Planning Commission in ac- cordance with the provisions of Chapter 13.; Article IV, of the Leesburg Town Code, one copy of the ap- proved development plan may be substituted for the plans required above . 9-1-6 Upon receipt , a zoning permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving. Before a zoning permit is issued the plans and intended use shall indicate conformity in all respects to the provisions of this Ordinance. Zoning permits shall be issued within ten days of application, provided the proposed building conforms to this Ordinance. 9-1-7 Every zoning permit shall expire and be void unless the activity authorized therein shall commence within one year of the date of issue. 9-2 Zoning Certificate, required, etc . 9-2-1 No person shall occupy or use any newly constructed, reconstructed, moved, altered or enlarged building, except detached single-family dwellings, without first making proper application for and receiving a zoning certificate therefor issued by the Zoning Administrator . 9-2-2 The zoning certificate shall state that the completed improvement or relocation has been inspected by the Zoning Administrator and has been found to be in compliance with the provisions of this Ordinance . Zoning certificates shall be issued within three days of application therefor provided the use or building conforms to this Ordinance. MINUTES OF MARCH 12 , 1980 MEETING. 9-2-3 Upon written request from the owner or tenant, 167 the Zoning Administrator shall issue a zoning certificate for any building or premises exist- ing at the effective date of this Article, cer- tifying after inspection the extent and kind of use made of the building or premises and whether such use conforms to the provisions of this Ordi- nance. 9-2-4 A zoning certificate shall be secured from the Zon- ing Administrator prior to the reoccupation or re- I/ use of any lot, building or structure in previous established use when such reoccupation or reuse is of a different character or type than that of the previous established use. The zoning certificate shall state that the extent and kind of use pro- posed to be made of the lot, building or structure conforms to the provisions of this Ordinance. 9-3 Fees. Fees and charges to be paid to the town for appli- QD cation for zoning permits shall be as follows : N 9-3-1 For single- and multiple-family dwellings and acces- soryw uses to be newly erected, altered, reconstructed, enlarged or relocated, the fee for filing the appli- Q cation for a zoning permit shall be $5 .00 per dwell- Q ing unit. 9-3-2 For newly erected, altered, reconstructed, enlarged • or relocated non=residential uses, the fee for fil- ing the application for a zoning permit shall be $25 . 00 . 9-4 Zoning Administrator. This Ordinance shall be administered and enforced by the Zoning Administrator who shall : 9-4-1 Interpret the provisions of this Ordinance. 9-4-2 Conduct inspections of buildings, structures, and uses of land to determine compliance with this Ordi- nance, and, in the case of any violation, to notify in writing the person or persons responsible, speci- fying the nature of the violation and ordering ap- propriate corrective action. 9-4-3 Maintain the Zoning Map in current status . 9-4-4 Maintain permanent and current records required by this Ordinance, including but not limited to zoning permits, zoning certificates, and all official ac- tions on administrative appeals, variances, special exceptions, conditional uses, amendments, changes of zoning district boundaries, and reclassifications of property. 9-4-5 Prepare and submit an annual report to the Council on the administration of this Ordinance, setting forth such statistical data and information as may be of interest and value in advancing and further- ing the purposes of this Ordinance. 9-4-6 Maintain a true copy of this Ordinance in current status and file the same in the office of the Clerk of the Circuit Court of Loudoun County, Virginia. 9-5 Violations and penalties . 9-5-1 Any person who violates any provision of this Ordi- nance shall be guilty of a misdemeanor and, upon MINUTES OF MARCH 12 , 1980 MEETING. 168 conviction for any violation, shall be punished by a fine of not less than $10 . 00 nor more than $1 , 000 . 00 . Each day which any violation con- tinues shall constitute a separate offense . ARTICLE 9A - LANDSCAPING AND SCREENING 9-1 General . 9A-1-1 All non-impervious areas within zoning lots, ex- cept within single-family zoning lots , shall be landscaped as required by this Article. 9A-1-2 Certain uses of land shall be screened from view from streets and adjacent lots by buildings, walls, topographic features or landscaping as provided in this Article. 9A-1-3 Existing trees, shrubs and other plant materials shall be retained to the greatest extent possible and taken into account in the preparation of de- velopment plans . Plans shall indicate how exist- ing trees, shrubs and other plant materials are to be protected during the construction and how tree roots are to be protected and provided mois- ture and how soils are to be aerated and drained. 9A-1-4 Plans shall include information needed to show the location, quantity, size and variety of all landscaping materials to be used. 9A-1-5 All landscaping plant materials required by this Article shall be installed prior to occupancy or commencement of use except when the installation is not possible because of the season of the year. In such event the Zoning Administrator shall issue a conditional zoning certificate upon completion of all other requirements . The certificate shall specify the time for completion of all required landscaping and shall be revoked automatically if the required landscaping has not been installed within that time . Any zoning certificate may be revoked by the Zoning Administrator after 30 days written notice to the person assessed for taxes on the affected lot and to the occupant whenever land- scaping or screening required in this Article is not maintained. 9A-1-6 All trees required by this Article shall be at least 8 feet high when planted and shall be main- tained in a healthy condition or replaced. They shall not be pruned, except to remove dead wood, so as to prevent growth to a height of at least 15 feet or to reduce existing height below 15 feet. Where new tree plantings are otherwise required, existing trees having a height of at least 8 feet maybe counted as required trees if not one of the varieties prohibited below and if the earth under their branches remains undisturbed. The following varieties of trees are prohibited in meeting the requirement of this Article : poplars, willows , American Elms, seed-bearing locusts, box elders and any species which does not normally grow to a height of 15 feet in the town. 9A-1-7 The Zoning Administrator is authorized to approve alternative landscaping plans which are essentially equal to or exceed the requirements of this Article in the event the designer proposes landscaping which does not meet the specific quantity requirements of the Article . MINUTES OF MARCH 12 , 1980 MEETING. 169 9A-2 Landscaping in non-residential districts . Landscaping on zoning lots in B-1 , B-2, MC and M-1 districts shall be as follows : 9A-2-1 At least one tree, and three shrubs at least 18 inches high when planted, shall be provided for each 2 , 000 square feet of non-impervious area not included in required landscaped areas for off-street parking and loading facilities. I/ 9A-2-2 All non-impervious areas not otherwise land- scaped shall be covered with grass or other ground cover plants . 9A-3 Parking lot landscaping. Off-street parking and loading facilities for over five vehicles shall be lanscaped as pro- vided below: 9A-3-1 Within the perimeter of required parking or load- CD ing areas, landscaped space of at least 15 square CO feet for each parking space, located so no park- ed ing space is more than 120 feet from a portion of the landscaped space required in this Article shall W be provided. Q Q 9A-3-2 The required landscaped area need not be contiguous but there shall be at least one tree in each sepa- rate area. 9A-3-3 At least one tree and three shrubs at least 18 inches high when planted shall be placed in plant- ers located within the parking lot for each 15 park- ing spaces or fractional part thereof . 9A-4 Screening. 9A-4-1 Screening required in this Article: 9A-4-1 .1 Shall consist of a screen of plants at least 24 inches high when planted, maintained in a healthy condition and so installed and pruned as to pro- vide maximum opacity within 24 months from the ground to a height of 5 feet; or 9A-4-1 .2 Shall consist of a wooden fence or masonry wall at least 6 feet high; or 9A-4-1 . 3 Shall consist of buildings, walls or topographic features of sufficient dimensions so as to inter- fere with view; or 9A-4-1 . 4 Shall consist of an earthen berm at least 4 feet in height and 18 feet in width, height being measured from the surface of the area to be screened, and planted with a screen of plant materials consisting of plants at least 12 inches high when planted, maintained in a healthy condition and so installed and pruned as to provide maximum opacity within 24 months from the top of the berm to a height of 2 feet. 9A-4-2 The following uses, if on zoning lots adjacent to R-1 , R-2, R-3 or R-4 districts, or if within such districts and adjacent to zoning lots with one and two family dwellings, shall be screened as provided. 9A-4-2 .1 Unenclosed parking areas for over five vehicles. 9A-4-2 . 2 Commercial uses in B-1, B-2 and MC districts . MINUTES OF MARCH 12, 1980 MEETING. 170 9A-4-2 . 3 Industrial uses in the M-1 districts . 9A-4-3 In addition to the screening required above, ar- ticles or materials being stored, maintained, re- paired, processed, erected, fabricated, dismantled, salvaged or otherwise not being offered for sale in a completed, usable and normal condition shall be screened so as not to be visible from any public street within 300 feet of the lot on which the ac- tivity is located. SECTION II . Section 2-7-2-2 and all of Article 9B of the Leesburg Zoning Ordinance are repealed. SECTION III . A new section is added to Article 11 of the Leesburg Zoning Ordinance to read as follows : 11-8-4 Conditional Zoning. Those proffer provisions provided for in Section 15 . 1-491 . 1 through Section 15. 1-491 . 6 of the 1950 Code of Virginia, as amended, are incorporated as part of this Zoning Ordinance as if set out fully herein. SECTION IV. This Ordinance is effective upon its passage. Mayor Rollins thought the builders ' major objection was satisfied with the removal of "residential" properties from the requirement for occupancy permits. Mr. Hill had discussed this with Mr. Forbes, who felt this does not pose a problem because he gets involved in this by--:signing the County ' s occupancy permit. He was do- ing this before . He is satisfied with this . Mayor Rollins re- called that screening was put up to the north .side of the new Safeway Store - why was there no screening to the south of the 7-11 Store? Certainly the residences should be screened from these commercial establishments . Mr. Niccolls said he will check on this . Mr . Tolbert agreed that this looks bad - there should be some screening. The ordinance was unanimously adopted: Aye: Councilmembers Herrell, D. Hill, Murray, Tolbert and Mayor Rollins . Nay : None . 80-0-4 - ORDINANCE - AMENDING SECTIONS 17-59 , 17-69 AND 17-71 OF THE TOWN CODE. On motion of Mr. Herrell, seconded by Mr . Murray, the following ordinance was proposed: ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . Sections 17-59 , 17-69 and 17-71 of the Town Code are amended to read as follows : Sec . 17-59 . Business service occupations. Every person conducting, operating or engaging in any of the following businesses, trades or occupations in the town shall pay an annual license tax equal to $20 . 00 plus 0 . 20 percent of his gross receipts in such business, trade or occupation for the preceding calendar year, the minimum annual license tax to be $20 . 00 : (1) Airports . (2) Artist representative. ( 3) Auto damage appraisal service. (4) Bid or building reporting service. ( 5) Blacksmith or wheelwright shops . (6) Book binder. (7) Data processing, computer service . MINUTES OF MARCH 12, 1980 MEETING. (8) Dental laboratories. 1 1 (9) Drafting service . (10) Erecting,installing, removing or storing awnings. (11) Freight traffic bureau or agency. (12) Hauling or transfer, not in connection with a taxicab business . (13) Impounding lot. (14) Job printing, printing shops, duplicating processes . (15) Laundry, cleaning, pressing, dyeing establishment. (16) Leasing of automobiles, trucks and trailers . (17) Leasing films for compensation. (18) Letter writing. (19) Livery stables. ( 20) Marine or salvage work . ( 21) Mimeographing, multigraphing and related type CD services . CO (22) Motion picture film producers, laboratories . (V (23) Nickel plating or chromiumizing . W (24) Operating analytical or engineering laboratories . Q (25) Packing, crating, shipping, hauling or moving goods or chattels for others . (26) Parking lots . ( 27) Photogrammetric engineering . (28) Photostater . ( 29) Plating metals or other materials . ( 30) Private detectives. ( 31) Promotional agents or agency . ( 32) Protective agent or agency. ( 33) Public garage. ( 34) Realty multiple listing service. ( 35) Renting or leasing airplanes. ( 36) Renting or leasing bicycles . ( 37) Riding schools . ( 38) Royalty and/or franchise firm. ( 39) Septic tank cleaning. (40) Sign painting, window lettering, vehicle lettering. (41) Storage, all types. (42) Swimming pool maintenance and management. (43) Tabulating service. (44) Towel, linen, coat, apron, uniform laundering service, including the leasing thereof. (45) Towing services . (46) Trade associations . (47) Tree surgery, trimming, removal . (48) U-drive-it firm, business . (49) Vehicularadvertising, electric advertising, business advertising, commercial advertising . (50) Washing, cleaning, polishing automobiles . (51) Other business service occupations . MINUTES OF MARCH 12, 1980 MEETING. 172 Sec . 17-69 . Personal service occupations . Every person conducting, operating or engaging in any of the following businesses, trades or occupations in the municipality shall pay an annual license tax equal to $20 . 00 plus 0 . 20 percent of his gross receipts in such business, trade or occupation for the preceding calendar year, the minimum annual license tax to be $20 . 00 : (a) The business of operating : (1) Barbershops . (2) Beauty parlors . ( 3) Cemeteries (except nonprofit) . (4) Chartered clubs . (5) Convalescent homes (except nonprofit corporations) . (6) Hair dressing establishments . ( 7) Information bureaus, booths . ( 8) Nursing homes (except nonprofit corporations) . (9) Private hospitals (except nonprofit corporations) . (10) Turkish, roman or other like bath or bath parlor. (b) The business of : (1) Addressing letters or envelopes . (2) Auctioneering. ( 3) Babysitting and child care service. (4) Bottle exchange. (5) Cleaning windows','. shades, chimneys, furnaces. (6) Clinical laboratory. (7) Common criers . (8) Correspondent establishment or bureau. ' (9) Dance„ music;. ceramic, art, sewing instruction or tutoring. ' (10) Day nursery (other than foster homes) . ( 11) Dental laboratory . (12) Exterminating rats, vermin, termites, etc . (13) Fumigating or disinfecting. (14) Funeral directors , services. ( 15) Furnishing ambulate service. ( 16) Furnishing clean diapers . (17) Furnishing house cleaning services . (18) Furndshing janitor service. (19) Furnishing labor service. (20) Furnishing messenger service, except telephone or telegraph messenger service. (21) Furnishing statistical service. (22) Interior decorating. (23) Interior decorating service and/or consultant. (24) Kennels, dog and cat. (25) liawn•,development and maintenance. (26) Nurses registry. ( 27) Operating reducing salons, health clubs. (28) Operating scalp treating establishment. (29) Photographer. ( 30) Physicians registry. 173 MINUTES OF MARCH 12 , 1980 MEETING. ( 31) Piano tuning. ( 32) Picture framing, gilding. ( 33) Press clipping service. ( 34) Private school (other than religious, nonprofit) . (35) Renting any kind of tangible personal property. ( 36) Renting or furnishing automatic washing. ( 37) Sale of money orders . ( 38) Secretarial service. ( 39) Small animal grooming . (40) Taxidermists . ( 41) Telephone answering service. (42) Vehicle title service . (43) Wake-up service. Sec. 17-71 . Professional , specialized occupations and businesses . Every person conducting or engaging in any of the following professional, specialized occupations and busi- nesses in the municipality shall pay an annual license tax equal to $20 . 00 plus 0 . 20 percent of his gross re- ceipts in such occupation for the preceding calendar year, the minimum annual license tax to be $20 . 00 : (1) Actuary . (2) Advertising agent, firm. ( 3) Animal hospital . (4) Appraiser, evaluator of personal property for others for compensation. (5) Appraiser, evaluator of real estate for others for compensation . (6) Architect. (7) Artist. ( 8) Assayer. (9) Attorney-at-law. (10) Atomic energy consultant . (11) Auditing company or firm. (12) Blueprinter . (13) Bookkeeper, public . (14) Building designer. ( 15) Building chance broker. (16) Business consultant. (17) Business, financial counselor. (18) Business operations management. (19) Certified public accountant. I/ (20) Chemist. (21) Collection agent or agency . (22) Commercial inventory, valuation service. (23) Commission merchant. (24) Counselor, family or marriage. (25) Debt refinancing company, firm. ( 26) Dentist . 174 MINUTES OF MARCH 12 , 1980 MEETING . (27) Economic, social science research service. (28) Employment agent or agencies. (29) Engineer. ( 30) Insurance claims adjustor. ( 31) Investment advisory service. ( 32) Labor arbitrator. ( 33) Labor relations consultant. ( 34) Land, rental agent. ( 35) Landscape designer. ( 36) Language translator. ( 37) Lecturer. ( 38) Lumber measurer. (39) Management engineer. (40) Manufacturer ' s agent. (41) Marketing research analyst. (42) Medical doctor. (43) Mercantile agent, agency . (44) Operations analyst . (45) Optician. (46) Optometrist. (47) Physiotherapist . (48) Psychiatrist. (49) Psychologist. ( 50) Public relations counselor. ( 51) Public stenographer. ( 52) Publicity service, furnisher of, booking agent, concert manager. (53) Real estate brokers . (54) Recorder of proceedings in any court, commission or other organization. (55) Sales agent, agency. (56) Sculptor . (57) Surveyor . (58) Tax consultant. (59) Title, abstract company. (60) Transportation consultant . (61) Travel bureau, tour agent. (62) Veterinarian. SECTION II . This ordinance shall be in effect upon its passage. Mayor Rollins understood that this would double the revenue. Mr. Herrell felt it is as equitable as this kind of tax can be - it is more in line with the rest of the business community. Mr. Hill asked if the County could come in and collect the additional 13 cents since our tax would not be equal to theirs? Mr. Niccolls said No. Mayor Rollins said the law is that, if the town' s fee is less than the county ' s fee, the town ' s fee is a credit on the county fee. Mayor Rollins asked when this will take effect? Mr. Niccolls said it would be this June - it will be based on the cal- endar year 1979 gross receipts . Mr. Taylor already has forms pre- pared, along with a special letter to professionals, which are ready to mail . The ordinance was unanimously adopted : Aye : Councilmembers Herrell, D. Hill, Murray, Tolbert and Mayor Rollins . Nay: None. MINUTES OF MARCH 12, 1980 MEETING. , rf 80-0-5 - ORDINANCE - AMENDING SECTION 10-162 (a) OF THE TOWN 1 75 CODE REGARDING COMPROMISE OF PARKING IN- FRACTIONS . On motion of Mr. Hill, seconded by Mr. Murray, the following ordinance was proposed: ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . Section 10-162 (a) of the Town Code is amended I/ to read as follows : Sec . 10-162 . Settlement and compromise of charges for cer- tain parking violations. (a) Any person accused of parking in a metered area without putting a coin in the meter to cover the required time may settle and compromise the charge against him for such illegal parking by inserting two dollars in the enve- lope provided for such purpose and depositing the same at such location as prescribed on said envelope by 12 :00 noon CO of the next calendar day following the day of the violation CO or by paying to the town the sum of five dollars before the Nsecond district court date from the day of violation, which W court dates are on the first and third Mondays of each month at 2 : 00 p.m. Q C After the second court date from the day of viola- tion has passed and the violation remains unsettled, the person accused may settle the violation by paying the sum of ten dollars to the town. Unless otherwise provided, violations of any pro- vision of this chapter may be compromised by paying to the town the sum of five dollars before the second district court date from the day of violation, which dates are on the first and third Mondays of each month at 2 : 00 p.m. Violations of Subsection 10-150 (a) (4) may be compromised in an identical manner upon payment of the sum of twenty- five dollars to the town. SECTION II . This ordinance shall be in effect upon its passage. Mr. Niccolls explained that this is a technical change because the present Code does not provide for settlement of several of these violations . Read literally, the Code requires certain of these violations to go to district court without any possibility of pay- ing it off. This corrects that deficiency in the Code. The ordi- nance was unanimously adopted : Aye: : .Councilmembers Herrell, D. Hill, Murray, Tolbert and Mayor Rollins . Nay: None. 80-32 - RESOLUTION - ADOPTING A REVISED PLAN FOR WASTEWATER MANAGE- MENT FACILITIES . On motion of Mr. Murray, seconded by Mr. Hill, the following resolution was proposed: WHEREAS, the Town of Leesburg in 1977 submitted a waste- water management facilities plan to the State Water Con- trol Board for upgrading and enlarging the Leesburg sew- age treatment plant and construction of certain trunk sewers ; and WHEREAS, an addendum to the plan reviewing land application alternatives was submitted to the State Water Control Board in May, 1979 ; and MINUTES OF MARCH 12 , 1980 MEETING. 176 WHEREAS, as a result of State Water Control Board review of the 1977 plan and 1979 addendum and controversies over the Dulles Area Watershed Policy the Town was requested by the Board to revise the facilities plan to expand the existing sewage treatment capacity under its current NPDES effluent limitations and upgrade treatment capacity to meet Dulles Area Watershed Policy sometime in the fu- ture; and WHEREAS, Betz-Converse-Murdoch, Inc. , consulting engineers of Vienna, Virginia have completed the revised plan for Leesburg wastewater management facilities ; and WHEREAS, the plan describes in Alternative B an expansion of the existing trickling filter plant to 2 . 5 MGD capacity and addition of tertiary facilities to meet advanced sew- age treatment requirements of the existing NPDES permit and future upgrading of the plant to meet the advanced waste treatment standards of the Dulles Area Watershed Policy; and WHEREAS, this alternative is the most efficient, economic and practical plan for wastewater management facilities for the Town of Leesburg taking economic, social and imple- mentation criteria into account : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows : SECTION I. The March, 1980 Revised Plan for Wastewater Management Facilities for the Town of Leesburg in Virginia by Betz-Converse-Murdoch, Inc . is adopted. SECTION II . Alternative B as described in the plan is se- lected as the official plan enlarging and upgrading waste- water management facilities for the Town of Leesburg in Virginia . SECTION III. The Town of Leesburg is willing to carry out the project to completion provided grant funds are made available under Public Law 92-500, as amended. SECTION IV. The manager, John Niccolls, is authorized and directed to sign applications and agreements on behalf of the town which are necessary and appropriate for furtherance of the project and federal grants-in-aid. Mr. Hill asked if, according to Section III, the town would be tying itself to this Public Law 92-500? It could be that another law might come out and wipe this one out. Mayor Rollins did not think there would be much danger of this - all the grant funds come under this 92-500 - if they repealed this, they would be doing away with all funding. On motion of Mr. Murray, seconded by Mr. Herrell, Section III was amended to read as follows : SECTION III . The Town of Leesburg is willing to carry out the project to completion provided grant funds are made available. Aye : Councilmembers Herrell, D. Hill, Murray, Tolbert and Mayor Rollins . Nay: None. Mr. Niccolls explained that the object of this plan is to justify under Federal regulations the expansion of the Leesburg Wastewater Treatment Plant to 2 . 5 mgd. During last year and the early part of this year, Council adopted strategies requesting the Water Con- trol Board to allow expansion at the present treatment level be- cause this was the most economic thing for Leesburg to do. It was felt our treatment quality was sufficient in light of all the is- sues surrounding the watershed policies. The Water Control Board staff, the town ' s engineers and the town staff met in Northern Virginia in January. The Water Control Board staff advised that, 177 MINUTES OF MARCH 12 , 1980 MEETING. if we can get a grant application in by March 18th, they will apparently favor the doubling of the treatment plant size at the present treatment capacity. The engineers were asked to promptly amend the original 1977 Wastewater Management Plan to describe a project that would really be a two-phase one. First, to double the size of the treatment plant and, second, to add ter- tiary treatment at a later date when grant funds are available and when found necessary by Federal and State policies . Mayor Rollins added that there was no indication that tertiary treat- ment would ever be required. The SWCB has a plan to study the Dulles Area Watershed Policies in 1984-1985 . When this report is completed, they will have a better idea as to what our sewage ' treatment level should be. They will then make policies that will order us at some time to bring our plant into compliance at the next opportunity grant funds are available. We are talking about a project that will last Leesburg for a good many years without any further upgrading - we are hoping for 10 years from comple- tion . The engineers have done an excellent and timely job of putting this plan together. After talking with the State De- partment of Planning and those people who make the population estimates, we may have approval to use higher estimates than authorized for use in all of Loudoun County - we should find out shortly . The staff members indicate that our population pro- jections are acceptable. They describe as Alternative B the con- struction project, which includes increasing the size of our pre- liminary treatment and a 24-hour equalization basin, as well as additions to several items. Then they add a new unit process called a "multi-media gravity filter" , which we don ' t have now. It will not add to the quality of the treatment,: but it will al- low us to substitute gravity filtration for the chemical addition we are doing now. We are proposing something like $40 , 000 in the budget for chemical costs at the Plant - these filters will replace this, so we will be substituting a 75 percent Federally funded capital investment for a 100 percent local cost of chemicals on an annual basis. The cost of the project is approximately 3 . 4 million to double the size of the Treatment Plant . Action tonight will allow the plan to formally move through the process of appro- val . The engineers have also drafted the formal application for STEP II funding, which is for design. STEP III is construction. The schedule for this whole work calls for submission of the Fa- cilities Plan in March; approval of the STEP II application in about a year and completion of the project in 1985 . These are to- day ' s costs. Mr. Hill understood they won ' t allow funds if it is strictly for expansion to allow growth - you have to prove to them that you want to improve the quality - then growth would be second- ary. Mr. Niccolls said this is why this is a two-phase plan - the first phase being to provide the necessary treatment size or capacity, the second to increase the treatment quality in accordance with whatever Dulles Watershed policies are in effect. Staged projects are eligible and that 's what we were hoping to get from the Water Control Board and they have come through. Congress has a lot to do with this too. Mayor Rollins said Leesburg is #24 on the priori- ty list so he felt there was no question that Leesburg would get them if they are available. These funds should come through in 1982 , but they could be interrupted. Mr. Niccolls said, even if this should happen, we now have permission to do this work. If we have the growth to justify it in the east corridor, it may be necessary for Leesburg to raise its own money for this stage. We certainly would not want a moratorium. Mayor Rollins did not see this as a possibility - if Leesburg doesn ' t get it, the whole State would dry up. The resolution, as amended, was unanimously adopted: Aye : Councilmembers Herrell , D. Hill, Murray, Tolbert and Mayor Rollins . Nay : None. 80-33 - RESOLUTION - ENDORSING HOUSING REHABILITATION AND SECTION 8 "EXISTING" PROGRAM ASSISTANCE FOR LEESBURG ' S LOWER INCOME CITIZENS . On motion of Mr. Murray, seconded by Mr . Tolbert, the follow- ing resolution was proposed: 178 MINUTES OF MARCH 12 , 1980 MEETING. WHEREAS, the Loudoun County Housing Office presently provides Section 8 Rental Assistance under HUD ' s "Existing" program to some Leesburg citizens; and WHEREAS, the Loudoun CountyHousing Office provides in se- lected areas within the county low interest loans and grants to low income homeowners for housing rehabilitation to owner occupied residences; and WHEREAS, Loudoun County is considering adding Leesburg as a housing rehabilitation target area in its 1980 Community Development Application, which will mean housing rehabilita- tion assistance eligibility for Leesburg ' s lower income citi- zens; and WHEREAS, Leesburg ' s 1980 Housing Assistance plan will include goals for rehabilitation of owner occupied residences and assistance to low income tenants through these programs : THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. This council endorses Loudoun County ' s Housing Rehabilitation Program and supports the element of the County ' s Community Development Application which requests inclusion of Leesburg as a target area for housing rehabili- tation assistance and further supports the disbursement of these funds, if available;. to residents of Leesburg in the form of outright grants, low interest loans or a combina- tion of both. SECTION II . This council endorses continued HUD Section 8 "existing" assistance to Leesburg ' s lower income tenants . Mr. Hill asked what Section II of the resolution means? Mr. Niccolls explained that HUD' s Section 8 program is the most common hous- ing assistance program in the U. S. today. When an eligible housing unit is approved by HUD and is occupied by a low or moderate in- come family, the owner can receive rent payment partly from HUD sufficient to bring the tenant ' s rent cost down to one-fourth of his or her income. For instance - out of the 244 dwelling units in Loudoun House, some 100 are eligible for Section 8 assistance. Like- wise, the 100-unit apartment project for elderly and handicapped is Section 8 eligible and people living there will be assisted through Section 8 . The program even allows HUD to contract with a private owner of a home and, when found eligible by the housing people, it can be occupied by a low or moderate income family, with HUD paying part of the rent. Mr. Hill was concerned since Council has, at times, taken action that would not let Loudoun House expand. He thought perhaps this was allowing them to expand further. Mr. Niccolls said there is a "cap" on the number of units eligible at Loudoun House. We are cooperating with the County on this - therefore, we do not have to set up a housing office, etc . At the same time, this shows an effort in the housing area and allows us to receive Community Development funds. Mayor Rollins did not understand the purpose of this resolution. Mr. Niccolls further explained that this meets the requirement for the town ' s HUD funded Fairview Subdivision storm drainage project, the Waverly Heights project and the neighborhood park project - the grants we have received. Town residents have not been able to participate in the County ' s hous- ing rehabilitationiprograri since we.ihave ,never been included 'as a target area. There are some houses that would be eligible to the owners for grants or loans to improve those homes . We are, in this action, making the residents eligible for a County program and, in so doing, we are meeting a requirement for our Federal grant application. Mayor Rollins would like to see some rehabili- tation at Loudoun House - do something to the structures - brick or whatever they need to make it more attractive for the residents and to add to the community. Mr. Niccolls knew of no plans for such improvements now - the park would be on public property. Mr. Hill asked if this means the County can force us to take additional Section 8 assistance? Mr. Minor explained that the Section 8 pro- posal that Council opposed (HUD didn•'it give the funds to Loudoun MINUTES OF MARCH 12, 1980 MEETING. 179 House) is .a separate program and has nothing to do with Loudoun County . In the future, when Loudoun House wishes to secure addi- tional Section 8 assistance, the town and the council will be ad- vised, as they always have been. The County operates this program through COG - they get a fair share each year and almost 78 percent of these units have been in Leesburg. The purpose is to disburse these funds to the low and moderate income people in the entire community. This won ' t affect whatsoever the Section 8 tenancy in Loudoun House. Mr. Hill asked if we will have to accept Sec- tion 8 assistance in other areas of town because we are part of the County ' s program? Mr. Minor said No. Mayor Rollins asked if a request came back again for expansion of the Section 8 program, what authority would the County have on council 's decision under this resolution? Mr. Minor said None - that is a separate program. Mr. Niccolls explained that there are two different Section 8 pro- grams - the locally administered projects and those administered at the district level. It is those assisted units that go into Loudoun House, Leesburg Manor and Leesburg Gardens and they are the ones the council has the opportunity to comment on. In order to meet the requirements of our Community Development application, we do need and can get, through this mechanism credit to get our application approved by having a locally administered program. CD This meets that test and is the cheapest and most economical way CO to do it . There is no chance that there will be any .concerted N effort from HUD to push any more large projects on Leesburg -- W we already have more assisted housing units than any other com- munity in Loudoun County. All of it provides needed housing and most of it provides excellent housing for these people. The Q resolution was unanimously adopted: Aye : Councilmembers Herrell, D. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. 80-34 - RESOLUTION - ACCEPTING DEED OF EASEMENT FROM THE COUNTY SCHOOL BOARD OF LOUDOUN COUNTY. ' On motion of Mr. Murray, seconded by Mr. Hill, the following resolution was proposed and unanimously adopted : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Deed of Easement made the day of 1980, by and between The County School Board of Loudoun County and the Town of Leesburg, for the construction, reconstruction, maintenance, replacement or repair, use and inspection of a storm drain or storm sewer, includ- ing necessary appurtenances, of such character and suf- ficient size within the limit of said easement as to provide a proper and adequate outlet, over, across, through and under the land of the Grantor for a storm drainage system established by the Town, is hereby ac- cepted and the Mayor is hereby authorized to acknowledge the same on behalf of the Town . Aye: Councilmembers Herrell, D. Hill, Murray, Tolbert and Mayor Rollins . Nay : None. 80-35 - RESOLUTION - ENDORSING KEEP LOUDOUN BEAUTIFUL'S ANNUAL SPRING CLEAN-UP . On motion of Mr. Tolbert, seconded by Mr. Murray, the following resolution was proposed and unanimously adopted : WHEREAS, Keep Loudoun Beautiful ' s annual spring clean-up will be held April 3 through April 20 , 1980 ; and WHEREAS, past efforts by many individuals, organizations, etc . have contributed to the success of Keep Loudoun Beauti- ful ' s project within the Town of Leesburg; 1 O� MINUTES OF MARCH 12 , 1980 MEETING. O THEREFORE, RESOLVED by the Council of the Town of Lees- burg, Virginia, as follows : SECTION I. The Town Council endorses Keep Loudoun Beauti- ful ' s spring clean-up from April 3 to April 20 , 1980. SECTION II . The Town Council urges its citizens, busi- nesses, organizations, clubs and governmental groups to join in this project by cleaning up their own premises and placing discarded items at the curb for regular trash pick-up during this particular time. Aye: Councilmembers Herrell, D. Hill, Murray, Tolbert and Mayor Rollins . Nay: None. 80-36 - RESOLUTION - MAKING APPROPRIATIONS FOR FISCAL YEAR ENDING JUNE 30 , 1980. On motion of Mr. Murray, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : SECTION I. The appropriation of $2, 139 . 23 made by Resolu- tion No. 79-110 from the General Fund to Acct. No. 10010 . 804, Utility Relocations (Streets) , is rescinded and an appro- priation of $2 , 140 . 00 is made for the same purpose from the Utility Fund to Acct. No. 20400 . 801B, Utility Relocations (Capital Projects-Water) , for the fiscal year ending June 30, 1980 . SECTION II . An appropriation is made from the General Fund to Acct . No. 2011. 234 , Dues and Memberships (Personnel Ad- ministration) in the amount of $140 . 00 for the fiscal year ending June 30 , 1980 . Aye: Councilmembers Herrell, D. Hill, Murray, Tolbert and Mayor Rollins . Nay : None. On motion of Mayor Rollins, seconded by Mr. Herrell, Council voted unanimously to recess and go into executive session to con- sider a legal matter: Aye : Councilmembers Herrell, D. Hill, Murray, Tolbert and Mayor Rollins . Nay : None . On motion of Mayor Rollins, seconded by Mr. Murray, Council reconvened. There was no action. On motion of Mr. Murray, seconded by Mr. Tolbert, the meeting was adjourned at 9 : 25 P .M. ./ Mayor A /A /e Gierk;of %e 'Council