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