HomeMy Public PortalAbout1981_03_25 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 25, 1981.
50
i A regular meeting of the Leesburg Town Council was held in
the Council Chambers , 10 West Loudoun Street, Leesburg, Virginia,
on March 25, 1981 at 7 : 30 p.m. The meeting was called to order
by the Mayor, with Mr. Tolbert giving the invocation and followed
with the Salute to the Flag led by the Mayor. Present were: Mayor
Kenneth B. Rollins, Councilmembers Charles A. Bos, Stanley D. Her-
rell , Jr. , G. Dewey Hill , Jr. , Marylou Hill, John W. Tolbert, Jr.
and Hcward M. Willis, Jr. ; also Town Manager John Niccolls, Assist-
ant Manager Jeffrey H. Minor and Town Attorney George M. Martin.
The minutes of the regular meeting of February 25, 1981 were
approved as written.
PUBLIC HEARING ON PROPOSED USE OF REVENUE SHARING FUNDS :
The Notice of Public Hearing on the proposed use of Revenue
Sharirg Funds for the fiscal year 1982 was read by the Clerk. There
was no-one present to offer any suggestions for the use of said funds.
The hearing was, . therefore, declared closed by Mayor Rollins.
PETITJONERS :
Mr. Stephen Colvin, a resident of Harrison Street in Carrvale
Subdivision, addressed Council concerning the proposed change of
street names and the numbering system. He presented a Petition
signet by the residents of Harrison Street in Carrvale Subdivision .
requesting that Harrison Street be changed to Marshall Street. As
a second alternative, it was suggested that Exeter Street be used.
The proposed change by the town was to Selden Street, Selden being
the name of the original developer of the property many years ago.
Mr. H_11 advised Mr. Colvin that a public hearing had been held
on tins proposed street name and numbering system sometime ago.
Mr. Colvin said they were not aware of it . Mr. Hill suggested
that perhaps the town should do a better job on public relations.
MANAGER' S REPORT:
'1) A cash report as of today has been distributed.
'2) He commented on various items from the Activity Report:
(a) HUD has awarded Leesburg a $1. 3 million dollar Com-
munit_v Development block grant. Allotments will be $450 , 000 each
year or three years. This money will be used for the South Har-
rison Street project. The next step will involve selection of
an engineer to prepare a street and land use plan. The staff will
be taking to the committees next week about this upcoming work.
In addition, we will need to be proposing staffing of the position
anticipated in the grant (partially grant-funded) so that we can
gear ip for this major program. Last year ' s Community Development
program (Plaza Street Park and Waverly Heights storm drainage) has
moved along very well and we have received $55, 840 from HUD. This
was' done very promptly by HUD. The Waverly Heights storm drainage
proje :t is about 90 percent completed and the project has done what
it was intended to do.
(b) The Public Works Department will be starting the
Marke: Street rehabilitation project next week. The project will
begin on the block adjacent to the Court House and will then move
on to the west side of the road between King and Wirt Streets.
It will then move back on the other side.
(c) There is some significant activity of the Police
Department mentioned in the report.
(3) The Budget will be in Council ' s hands on April 1.
We are running a little bit late but still within the schedule.
(4) He hoped everyone will be attending the retirement
luncheon next Tuesday at noon for Hazel Church, who has. been Executive
Secretary for eight years.
(5) • There is a brief video tape for Council to view to-
night concerning the refuse collection vehicles.
MINUTE' OF MARCH 25, 1981 MEETING.
51
COUNCII EMBER INQUIRIES AND COMMENTS :
M. . Bos congratulated the staff and the town for receiving
the HU1 grant.
H: reported he has attended a couple of NVPDC meetings. They
are in olved in a number of activities. He received books on growth
and la d development costs; also a study on areawide group home needs
and ho to go about selling this and zoning changes. It specifi-
Cally ecommended zoning ordinance changes like we have just en-
acted nsofar as location, size, etc . are concerned.
M s. Hill said someone has asked her why we are not putting
II brick ..n the East Loudoun Street sidewalks? Mr. Niccolls was under
the im,.ression that this would be a depressed sidewalk. Council
adopted a specific resolution stating where bricks are required.
He directed this question to Mr. Chaves this week and knows he is
comply ng with it. He will check on this. Brick would go on top.
S e attended a brainstorming of the Museum Board on methods of
raisin money for the renovation of the Odd Fellows building that
will b -come a part of the Museum. They figure they need about
$150, 010 and are proceeding on this.
CD
M . Herrell said he would like to see the film on the refuse
—) equipm-nt before they vote on this tonight.
Q MAYOR' . REPORT:
Q
:yor Rollins noticed trees being put in on Edwards Ferry Road
betwee Plaza Street and the By-Pass - are we paying for these? Mr.
Niccoois said Yes - there is a line item in the budget for trees
and gr-en space maintenance. These are flowering pears and oaks.
The o -s on South King Street are flowering crabs, etc. There are
funds o do only the first segments, but it is hoped there will be
funds i•rovided in the future to continue this program.
.yor Rollins said he noticed that the sidewalk on King. Street
betwes. Loudoun and Royal Streets is being replaced with brick -_is
the G. s Company paying for this? Mr. Niccolls said they paid for
all t e concrete work and we are providing the brick and putting
it on it.
PROPO'ED ORDINANCE RECOMMENDING APPROVAL OF ZONING DISTRICT MAP
A ENDMENT #ZM-30 BY WILLIAM J. CHEWNING .
an motion of Mr. Willis, seconded by Mrs . Hill , an ordinance
was p. oposed to approve Zoning District Map Amendment #ZM-30 by
Willi. m J. Chewning. Mr. Chewning requested Council to defer
final action on his application until his attorney can draft a
proff: r that would be acceptable to all concerned. It is not his
inten ion to change the entire neighborhood, but rather to improve
his o-n property. He would be happy to accept input from the Lees-
burg damning staff, the Planning Commission, the Georgetown Citi-
zens ssociation and the Leesburg Town Council . Any additions,
etc. ould be in strict accordance with existing law. There were
quest ons as to how to handle this request. Mayor Rollins said
Council has several alternatives : (1) to act and defeat it - Mr.
Chewn ng could not reapply for a year; (2) if Council wants to
consiier a proffer, it would have authority to do this at this
stage (3) send it back to Planning Commission - they would recon-
sider it and probably hold another public hearing on it; or (4)
Mr. C ewning could withdraw this without prejudice and he could
then efile immediately with the proffer. Mr . Bos felt it would
be i appropriate to consider it tonight under the circumstances.
On m• ion of Mrs. Hill , seconded by Mr. Tolbert, it was moved to
refe it back to the Planning Commission. Mr. Niccolls said prof-
fers =re to be made to the governing body, not to the Planning Com-
miss ' •n. Mrs. Hill said the character has now changed and this
woul• give time for the people to come back and for the Planning
Comm' ssion to make its recommendation to the Council. Mr. Herrell
said he has not proffered anything yet - he felt he should with-
draw ithout prejudice. Mrs. Hill said he would have to make ap-
MINUTE . OF MARCH 25 , 1981 MEETING.
52 plicat on again and pay the $100 fee again. Mr. Hill asked why the
proffe was not done in the beginning? He felt it is out of order
now of er it is practically "dead. " Mr. Chewning said he did not
learn if a proffer until today - he approached a member today con-
cernin; an easement and was told that it was probably inappropriate.
Mr. Fo bes described a proffer - he had never heard the word before
but un ;erstands this has been in effect for a year. Mr. Herrell asked
if i is not the duty of the planning officer to inform the ap-
plican of the way he might go? Mrs. Hill said the State law says
a memb-r of the governing body cannot suggest that someone proffer -
it mus be voluntary. Mr. Chewning asked how you would go about
this? Mayor Rollins suggested that he go through an attorney. Mr.
Herrell felt he should be written a letter concerning this and,
if he ants to withdraw without prejudice, he can. There was fur-
ther discussion between Mrs . Hill and Mr. Herrell . Mr. Bos said
the r les of the game are being changed - we should either vote
it up •r down. Mr. Chewning requested that he be permitted to
withd :w the application without prejudice. The proposed amendment
to re -r this matter back to the Planning Commission was unanimously
defea -d:
' ie : None.
:y: Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins.
The o . ginal motion to approve the rezoning request was withdrawn
by Mr. Willis and Mrs. Hill. On motion of Mr. Tolbert, duly seconded,
Coun& unanimously voted to grant Mr. Chewning ' s request to with-
draw .' e application without prejudice :
•be: Councilmembers Bos, Herrell , D. Hill , M. Hill, Tolbert,
Willis and Mayor Rollins.
ay: None.
PROPO'ED ORDINANCE ADDING TWO NEW ARTICLES TO CHAPTER 16 OF THE
'OWN CODE.
en motion of Mr. Willis, seconded by Mrs. Hill, an ordinance
to ado two new articles to Chapter 16 of the Town Code concerning
a Uni 'orm Numbering System for Buildings and concerning Street Names I/
was p.oposed. Mr. Willis hoped everyone has had a chance to think
about this and read it. It is worthwhile and is something that
shouli have been done several years ago. He re-emphasized that
we mi. ht save the life of a son or daughter or some other member
of a gamily or a home might be less damaged by fire if we make it
easie . for the volunteers to locate residences in this community.
Mr. Talbert asked how much hardship this would be on the downtown
merch. nts? Mr. Willis understood that the four downtown blocks
shoul. not be affected at all. Mr. Bos disagreed with this .
on motion of Mr. Bos , seconded by Mr. Willis, Council unani-
mousl adopted the following amendment:
' hange Section 16-56 (b) to read:
(b) All buildings on the south side of east-west
.treets and west of north-south streets shall bear odd
umbers, and likewise all buildings on the north side
if east-west streets and east of north-south streets
.hall bear even numbers.
'ye : Councilmembers Bos, Herrell , D. Hill , M. Hill, Tolbert,
Willis and Mayor Rollins .
ay: None.
en motion of Mr. Bos, seconded by Mrs. Hill , the following amend-
ment as unanimously adopted:
•dd paragraph (8) to Section 16-56 (c) to read:
(8) All existing building numbers in the first block in all
directions from the base point (east-west between Wirt
and Church Streets, north-south between Loudoun and
Cornwall Streets) shall retain existing numbers, ex-
cept where such numbers are not in proper sequence.
MINUTES OF MARCH 25, 1981 MEETING. .
53
Aye: Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay: None.
Mr. Ni :colls said (1) _the ordinance contained some provisions that
needed revisions, the first to start numbering at King and Market
I Streets from a point; (2) this reduces the number of street name
changes to a total of three; (3) this deletes the provision in
the fi :st draft for quadrants, with one exception - that being
Iat Catpctin Circle; (4) earlier a resident requested that Harri-
son St:eet be renamed "Marshall Street" instead of Selden Street.
Mr. Willis said this will go into effect six months from the date
of passage. The Post Office will honor both addresses for one
year after that. This gives businesses a chance to use up their
present stationery, etc. There was further discussion concerning
this, with Mr. Bos feeling the present system is inadequate and
Mr. Willis asking that this entire package be done now, rather than
a stop-gap measure. Mrs . Hill read a memo from Mr. Forbes, which
stated the Post Office is willing to cooperate fully in making such
a charge. Mr. Hill was in disagreement, feeling that this would be
frustrating and that the inequities in numbering could be done with-
out tctally disrupting the entire town. Mr. Willis said if the Fire
Department or Rescue Squad could save one or two minutes, they
' 0 would be that much ahead - they are trying to save lives and prop-
Cr erty. The resolution, as amended twice, was defeated by a roll call
vote of 4 to 3 :
Q Aye: Councilmembers Bos, M. Hill and Willis.
Uay: Councilmembers Herrell , D. Hill , Tolbert and Mayor
Rollins.
81-0-6 - ORDINANCE - AMENDING SECTIONS 15-14 AND 19-23 OF THE TOWN
CODE .
On motion of Mr. Herrell, seconded by Mr. Willis, the following
ordinance was proposed:
II
)RDAINED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I . Sections 15-14 and 19-23 of the Town Code are
amended to read as follows :
Sec . 15-14 . Availability charge for sewer service.
(a) Before any person connects with or discharges
sewage into the town sewer system or extends sewer use
on any premises to any additional dwelling, commercial or
industrial use, a sewer service availability fee shall be
paid in amounts provided below in addition to fees pre-
scribed in Sections 15-12 and 15-13 .
(b) The sewer connection and sewer service avail--
ability fees shall be paid prior to the issuance of a zon-
ing permit or, where no zoning permit is required, before
extension of sewer service to any new or additional use
on the premises . The manager shall discontinue sewer ser-
vice to premises for which the fees required in this Article
remain unpaid for ten days from the date of notice of the
amount of such fees to the owner .
(c) The abandonment or discontinuance of a sewer
system or the reduction of sewer system use does not en-
title any person to refund of fees paid.
(d) The fees provided in this section shall not ap-
ply to single family dwellings existing within the town
on June 10, 1970 and which are continued to single family
residential use after connection to the sewer system.
(e) The fees provided in this section shall be reduced
by $1, 750 . 00 for lots of record for which a connection fee
was paid prior to June 10, 1970 .
5 ,1Y MINUTIS OF MARCH 25, 1981 MEETING.
(f) Sewer service availability fees for residential
ses shall be as follows :
Discharge Facility Fee
One bedroom dwelling $1, 155. 00 each
Two bedroom dwelling 1 , 452 . 00 each
Three or more bedroom dwelling 1 , 750. 00 each
Mobile home 1 , 452 . 00 each
(g) Sewer service availability fees for non-residential
'ses shall be $1 , 750 . 00 or more depending on the estimated
.ewage flow and required treatment characteristics from the
ser as compared to the sewage flow and required treatment
haracteristics from the average single family dwelling.
ees shall be calculated as follows :
•ischarge Facility Fee
ill non-industrial uses $1, 750 . 00 or $3; 55 .per- gallon per
day of the estimated sewage
flow from the user, whichever
is greater.
'& 11 industrial uses The greater of $1, 750 . 00 or
$3 . 55 per gallon per day of
the estimated sewage flow from
the user, plus an additional
charge in proportion to the ex-
cess biochemical oxygen demand,
suspended solids or other pol-
lutant discharge of the user_
above the average pollutant dis-
charge of residential users on
the system.
(h) Fees shall be determined by the manager based on
accepted engineering standards for sewage discharge. The
Council shall hear and decide appeals from determinations
of fees by the manager.
(i) If any person enlarges a structure or extends the
use of the town sewer system to any new or additional use
on a premises, an availability fee as determined in para-
graph (g) above shall be paid for the additional use whether
or not a new or enlarged connection is required.
Sec. 19-23 . Availability charges for water service.
(a) Before any person connects with or withdraws water
from the town water system or extends water use on any premi-
ses to any additional dwelling, commercial or industrial use,
a water service availability fee shall be paid in amounts
provided below in addition to fees prescribed in Sections
19-21 and 19-22 .
(b) The water connection and water service availability
fees shall be paid prior to the issuance of a zoning permit,
or where no zoning permit is required, before extension of
water service to any new or additional use on the premises.
The manager shall discontinue water service to premises for
which the fees required in this Article remain unpaid for
ten days from the date of notice of the amount of such fees
to the owner.
(c) The abaondonment or discontinuance of a water sys-
tem or the reduction of water system use does not entitle
any person to refund of fees paid.
(d) The fees provided in this section shall not apply
to single family dwellings existing within the town on June
10, 1970 and which are continued in single family residential
use after connection to the water system.
MINUTE'. OF MARCH 25, 1981 MEETING.
(e) The fees provided in this section shall be re- 5
diced by $1, 750. 00 for lots of record for which a connec-
t on fee was paid prior to June 10 , 1970 .
(f) Water system availability fees for residential
u .es shall be as follows :
Use Fee
One bedroom dwelling $1 , 155. 00 each
Two bedroom dwelling 1 , 452 . 00 each
Three or more bedroom
dwelling 1 , 750. 00 each
Mobile home 1, 452 . 00 each
(g) Water service availability fees for non-residential
u .es shall be $1, 750 . 00 or more depending on the estimated
water flow to the user as compared to the water flow to the
a erage single family dwelling. Fees shall be' calculated
a . follows :
UseFee
All uses $1, 750. 00 or $2 . 86 per
O gallon per day of the
estimated water flow
t to the user, whichever
is greater
a (h) Fees shall be determined by the manager based on
a cepted engineering standards for water supply. The Council
s all hear and decide appeals from determinations of fees by
,e manager.
1
I (i) If any person enlarges a structure or extends the
_e of the town water system to any new or additional use
• a premises, an availability fee as determined in para-
•: aph (g) above shall be paid for the additional use whether
' •: not a new or enlarged connection is required.
`1CTION II . This ordinance shall be in effect upon its
•: ssage.
Mr. N . coils explained this proposal amends the existing availability
fee s•' edule to reduce non-residential availability fees by about
two-t irds. It is a significant change. The principal reason it
is be '' g proposed and went to the Finance Committee was that we are
being old our fees are too high. We can ' t predict what beneficial
impaci this will have, but believe it will actually cause an in-
creas= in revenue. Mr. Hill said the Utility and Public Works com-
mitte: discussed this as well and felt that, if we are going to en-
coura•e industrial growth, this is one way we can do it. This would
proba. ly be a "plus" right now. There is hardly a meeting goes by
in the LAMP program that we don ' t hear our charges are higher than
anything on the west coast. Perhaps we can achieve what we are try-
ing fir, and that is to get a base and stabilize some of our tax
dolla ' s . He felt this is a step in the right direction. Mr. Bos
agreed with this and cited, as an example, a motel proposed in Car-
dinal Industrial Park would pay in excess of $100, 000 for availa-
bilit fees. This is high enough that it would possibly sway a de-
b velop: r to look elsewhere. These formulas are based on cost but
II he fe t the mathematics can be done in a number of ways. Mr. Herrell
also . greed with this - we should do something to provide jobs for
our children coming out of school. The resolution was unanimously
adopt d :
.ye: Councilmembers Bos , Herrell, D. Hill, M. Hill , Tolbert,
Willis and Mayor Rollins.
'ay: None.
81-0- ' - ORDINANCE - AMENDING SECTION 10-42 OF THE TOWN CODE.
in motion of Mr. Bos, seconded by Mr. Herrell, the following
ordinance was proposed :
MINUTE ; OF MARCH 25, 1981 MEETING .
6
5 ORDAINED by the Council of the Town of Leesburg in Virginia
a; follows:
SECTION I . Section 10-42 of the Town Code is amended to
raad as follows :
Sac . 10-42 . Proration of fee.
In the event that any person makes application for
a motor vehicle license under the provisions of this ar-
ticle after the fifteenth day of October, but before the
first day of January, the license fee shall be one-half
08= the initial fee. Application for a motor vehicle li-
cense after the first day of January of the license yearI/
shall be one-third of the initial fee.
SECTION II . This ordinance shall be in full force and ef-
fect from and after its passage.
Mr. Bcs explained that, if someone moves in town in January or
Februui.y, this prorates the cost on a more reasonable basis . This
is sittilar to what the County is doing. The ordinance was unani-
mouslp adopted :
Pye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins.
Day: None.
81-0-E - ORDINANCE - ADDING A NEW ARTICLE TO THE TOWN CODE REGARDING
PRECIOUS METALS DEALERS .
On motion of Mr. Bos, seconded by Mrs. Hill, the following
ordinance was proposed:
VHEREAS, the 1981 session of the Virginia General Assembly
adopted legislation establishing mandatory regulation of
precious metals dealers in the Commonwealth.
^HEREFORE, ORDAINED by the Council of the Town of Leesburg
: n Virginia as follows :
SECTION I . The Town Code is amended by adding a new article
to Chapter 11, to be numbered Article IV, which shall read
as follows :
Article IV. Precious Metals Dealers
Sec. 11-71. Adoption of State Law.
All of the provisions and requirements contained in
Chapter 23 . 2 of Title 54 of the Code of Virginia, as amended,
are adopted and made a part of this article as fully as though
Let out herein, and are hereby made applicable within the
:own. It shall be unlawful for any person within the town
:0 violate or fail, neglect or refuse to comply with any sec-
:ion of the Code of Virginia which is adopted by this section.
,Sec . 11-72 . Permit and Bond Required.
No person shall engage in the activities of a precious
metals dealer as defined in Section 54-859 . 2 of the Code of
Jirginia without first obtaining an annual permit including
payment of a $200 application fee from the Chief of Police.
I/
Phe procedures for obtaining a permit shall be as set out in
'Section 54-859 . 23 of the Code of Virginia. Before a permit
is issued, the dealer shall enter into a recognizance to the
town secured by a corporate surety authorized to do business
in the Commonwealth, in the penal sum of $10, 000 conditioned
upon due observance of the terms of this article. In lieu of
a bond, a dealer may cause to' be issued by a bank authorized
to do business in the Commonwealth a letter of credit in favor
of the town in the sum of $10 , 000 .
MINUTES OF MARCH 25, 1981 MEETING.
Sec. 11-74 . Coins Exempt. 5
The provisions of this article shall not apply to the
sale or purchase of coins.
Sec. 11-74 . Waivers for Temporary Shows .
The Chief of Police may waive, by written notice, im-
plementation of any one or more of the provisions of this
article except the provision which prohibits dealers from
purchasing precious metals or gems from any seller who is
under the age of 18 , for particular numismatic, gem, an-
tique exhibitions or craft shows sponsored by non-profit
organizations, provided that the purpose of the exhibi-
tions is non-profit in nature, notwithstanding the fact
that there may be casual purchases and trades made at such
exhibitions.
ST'CTION II . This ordinance shall be in full force and ef-
fect from and after July 1 , 1981 .
Mr. Herrell asked if the jewelry stores are going to have to get
this permit now? Mr. Niccolls said Yes, they would have to do
O this whether we required it or not - the General Assembly made
NT this State-wide. This put in effect those certificates for
local option. These are obligations under the State law. It
merely makes the Town the agent to whom the bond has to run,
Q instead of to the Commonwealth. The Town would get the $200 fee.
Q If we don ' t adopt this, the bond would run to the Commonwealth.
Mrs. Reynolds said she is not in favor of anything that will cost
them any more. Mr. Caulkins was not in favor of it either, but
the biggest fault with it is that it would exempt coin dealers.
Mr. Hill asked about the standards. Mayor Rollins said the County
came cut with one more stringent. Mr. Caulkins said the County al-
lowed fixed address dealers to be precluded from the bond and from
the iritial fee. If the County is more stringent than the State,
IIthen their ordinance would stand. Mayor Rollins did not think the
town would want to be more stringent. Mr. Niccolls said the County
has taken the position that their law is in effect within the town -
he has some reservations about this. He believes the County has
to enforce its ordinance within the County limits. Mayor Rollins
felt this ordinance would override the County ' s. There will be
four : urisdictions for the reports, etc. - the County tax depart-
ment, Purcellville, Middleburg and Leesburg. Mr. Caulkins said
he has no qualms with responding to the town - he complies with
the County ' s ordinance now. There is a form for this. The ordi-
nance was unanimously adopted :
Aye: Councilmembers Bos, Herrell , D. Hill, M. Hill, Tolbert, '
Willis and Mayor Rollins.
Pay: None.
81-36 - RESOLUTION - REQUESTING VDH&T FUNDING FOR ROUTE 7 EAST
IMPROVEMENTS .
On motion of Mrs . Hill, seconded by Mr. Willis, the following
resolution was proposed and unanimously adopted :
VHEREAS, the Virginia Department of Highways and Transpor-
:ation requests local jurisdictions report highway improve-
nent needs at a public hearing on April 8 , 1981; and
4HEREAS, the department has prepared plans for improvement
of Route 7 East in Leesburg between the East Corporate- Lim-
its and Catoctin Circle, has purchased right-of-way for the
improvements and called upon utilities to relocate facilities
in anticipation of the work; and
WHEREAS, the bid opening date for this project, originally
set for April, 1980, was reset to November, 1981 because of
reduced highway fund revenues; and
I
. MINUTES OF MARCH 25, 1981 MEETING.
s WHEREAS, the project is Leesburg ' s highest priority highway
improvement project.
THEREFORE, RESOLVED by the Council of the Town of Leesburg
in Virginia as follows:
SECTION I . Highway improvements to Route 7 East between
the East Corporate Limits and Catoctin Circle are designated
as the town ' s highest priority highway improvement project.
SECTION II . The Virginia Department of Highways and Trans-
portation is requested to allocate the balance of funds
necessary to initiate construction of this project as soon
as possible after the bid opening during November, 1981. 11.
SECTION III . The Mayor or his designate is authorized to
a :tend the pre-allocation public hearing to be held April 8 ,
1981 in support of highway improvement needs in Leesburg.
Aye : Councilmembers Bos, Herrell , D. Hill , M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay: None.
Mayor 2ollins designated Vice-Mayor Hill to represent the town at
the public hearing.
PROPOS ;D RESOLUTION MAKING AN APPROPRIATION FOR REFUSE EQUIPMENT.
Oa motion of Mr. Herrell, seconded by Mr. Bos, a resolution
authorizing the manager to purchase two sideloader refuse trucks
and an appropriation therefor was proposed. Mayor Rollins com-
mended the manager and assistant manager for their effort, input
and in-depth study that has been given to this issue. He did not
think anybody on this council could say that it has not been
thorou;hly discussed, debated, etc. Everybody has had access
to everything concerning it. He considers this a very important
vote fDr Leesburg. In his many years of service as Mayor, he
knows Df three things that upset the townspeople - they are water,
dogs a-id garbage. In considering this, we are talking about a
long time in the future and, if this passes and the town takes
over t'ie refuse collection business, it will be for a long time.
If this resolution is defeated and the trash contract is put out
for bid, it would probably be for five years - otherwise, it would
not be financially feasible for a contractor. We are talking about
efficiency, economy and money.
Nb Niccolls introduced Mr. Max Giles of Solid Waste Systems,
manufacturer of the Maxon Eagle, the proposed equipment to be pur-
chased . Mr. Giles presented a film on this equipment. Council then
discussed this matter at great length, with the roll call vote der
feating the resolution 4 to 3 :
Pye : Councilmembers Bos, Herrell and D. Hill .
bay: Councilmembers M. Hill, Tolbert, Willis and Mayor
Rollins.
Council then discussed the procedure to be followed concerning trash
collection. Suggestions were offered to advertise for bids, to ne-
gotiaite with Grayson and to send it back to the Finance Committee.
Mayor Rollins felt there are some issues to be considered before a
resolution comes back to Council and referred this matter to the
Finance and Administration Committee. I/81-37 - RESOLUTION - GRANTING AN ENCROACHMENT AT 5 WEST LOUDOUN
STREET.
On motion of Mr. Tolbert, seconded by Mr. Willis, the following
resolution was proposed :
2ESOLVED by the Council for the Town of Leesburg in Virginia
as follows :
Phe manager is authorized to issue a revokable permit for a
Dne foot encroachment into the public right-of-way of West
MINUTE; OF MARCH 25, 1981 MEETING.
59
Lpudoun Street for display windows as shown on a plan pre-
pared
,7
by Leon Chatelain, III, AIA/Architect, dated Febru-
ary 24 , 1981, on the condition that the Council reserves
tie right to revoke the permit at its discretion at any
time.
Mr. Boa said the plans are very attractive - he would support this.
Mr. Chatelain said he did a quick survey of this block and there
are three other incidents of encroachment - the House of Lords,
Xanadu and to the shops in the town-owned building. They would
be left with 8 ' 10" . This was approved by the Board of Architect-
ural Review about 10 days ago. Mr. Willis thought we would have
to amend this - change "one foot" to"14 inches" . On motion of
Mr. Bos, seconded by Mrs. Hill , Council voted unanimously to amend
the ordinance by changing "one foot" to"14-inch" :
Aye: Councilmembers Bos, Herrell, D. Hill, M. Hill , Tolbert,
Willis and Mayor Rollins.
Nay: None
The resolution, as amended, was unanimously adopted and reads :
" for a 14-inch encroachment "
CD
Aye: Councilmembers Bos, Herrell, D. Hill, M.. Hill , Tolbert,
Willis and Mayor Rollins.
Nay: None.
Q
Q 81-38 - RESOLUTION - AUTHORIZING CONTRACT WITH VIRGINIA MUNICIPAL
GROUP SELF INSURANCE ASSOCIATION.
Cn motion of Mr. Hill, seconded by Mrs. Hill , the following
resolttion was proposed:
NHEREAS, the Virginia Municipal Group Self Insurance Associ-
ation offers an insurance program that reduces the potential
cf Workmens compensation claims and offers possible savings
cf 10-40 percent.
HEREFORE, RESOLVED by the Council for the Town of Leesburg
n Virginia as follows :
The manager is hereby authorized to enter into a contract
with the Virginia Municipal Group Self Insurance Associa-
tion to provide Workers' Compensation coverage for the Town
of Leesburg.
Mr. H: 11 said this is the first phase. Virginia Municipal League
went .o this a few years back and, apparently, it saves some money.
Insurance companies will not fight over this and probably will be
glad .o get rid of it . It meets the umbrella requirements. He
and Don Taylor will continue to work on the insurance angle. The
resolution was unanimously adopted:
Aye: Councilmembers Bos, Herrell , D. Hill , M. Hill, Tolbert,
Willis and Mayor Rollins.
Pay: None.
81-39 - RESOLUTION - INITIATING AMENDMENTS OF THE LEESBURG SUBDI-
VISION AND LAND DEVELOPMENT REGULATIONS .
)n motion of Mr. Bos , seconded by Mr. Hill, the following reso-
I/
lutioi was proposed :
9HEREAS, Sections 13-58 (d) and 13-68 (d) of the Leesburg
'Subdivision and Land Development Regulations allow sub-
dividers and developers two years for completion of bonded
public improvements; and
NHEREAS, the failure of subdividers and developers to com-
plete public improvements before the occupancy of residen-
tial structures subjects new residents to unsafe, unhealthy
and undesirable conditions :
MINUTES OF MARCH 25, 1981 MEETING.
60
THEREFORE, RESOLVED by the Council of the Town of Leesburg
in Virginia as follows :
•
SECTION I . Amendments of Sections 13-58 (d) and 13-68 (d)
of the Leesburg Subdivision and Land Development Regulations
tc reduce the time for completion of bonded public improve-
ments to one year, subject to extension in justified cases
by the Council, are hereby initiated and referred to the
Planning Commission for public hearing and recommendation
in line with Sec. 15 . 1-472 of the State Code.
Mr. Hill said this is one way we can make subdividers put in im-
provements before they start selling homes. He supports this change.
Mr. Bos asked what this will do to larger developers - will it
change their way of doing business? Will it restrict them to a
smaller section at one time? Mrs. Hill asked if the streets are
finished and the houses are not, will the town take over the streets?
Mr. Nicrolls said Yes. Mr. Minor said we don ' t have to accept the
street until all conditions of the bond are met. Even a maintenance
bond wouldn ' t cover abuse to the street from heavy equipment: Mr.
Niccolls said that can happen. Mr. Bos asked if it will create
more problem than it will resolve? Mr. Niccolls thought this would
be a good change - if it encourages smaller sections of development
it will be well. The resolution was unanimously adopted :
Aye : Councilmembers Bos, Herrell, D. Hill , M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay: None.
81-40 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF
WILLIAM A. AND HELEN A. ALBERTS FOR REVISION
OF ZONING DISTRICT MAP TO THE PLANNING COMMIS-
SION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE
15 . 1 OF THE CODE OF VIRGINIA, AS AMENDED.
Or motion of Mrs. Hill, seconded by Mr. Bos, and there being
no objection to consideration tonight, the following resolution was
proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
TI-e application of William S. and Helen A. Alberts for re-
vision of the zoning district map, assigned No. ZM-33 , is
received and referred to the Planning Commission for public
hearing and recommendation under Chapter 11, Title 15 . 1 of
tre 1950 Code of Virginia, as amended.
Mrs. Hill explained that this application is for R-2 zoning to M-1
on Sycclin Road at the By-Pass. The resolution was unanimously
adoptee :
Aye: Councilmembers Bos, Herrell , D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay: None.
81-41 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF
ANNE B. HART FOR REVISION OF ZONING DISTRICT
MAP TO THE PLANNING COMMISSION FOR PUBLIC HEAR-
ING UNDER CHAPTER 11, TITLE 15. 1 OF THE CODE
OF VIRGINIA, AS AMENDED.
On motion- of Mrs. Hill , seconded by Mr. Herrell , and there
being no objection to consideration tonight, the following resolu-
tion was proposed :
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The application of Anne B. Hart for revision of the zoning .
d_strict map, assigned No. ZM-34 , is received and referred
to the Planning Commission for public hearing and recommenda-
t_on under Chapter 11, Title 15. 1 of the 1950 Code of Virginia,
as amended.
61
MINUTES OF MARCH 25 , 1981 MEETING.
Mrs . Hi .l explained that this application is for MC zoning . The
resolut_on was unanimously adopted :
Aye : Councilmembers Bos , Herrell , D. Hill, M. Hill , Tolbert ,
Willis and Mayor Rollins .
Na-' : None .
81-42 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING
JUNE 30 , 1981.
On motion of Mr. Willis , seconded by Mrs . Hill , and there being
no objettion to consideration tonight , the following resolution was
proposed:
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
An appropriation is made from the General Fund to the ac-
coints shown below for the fiscal year ending June 30 , 1981,
as follows :
Ac :ount No . and Name Appropriation
14 )20 . 285 Potter ' s Field $ 1 , 000 . 00
14)20 . 800 International Order of Odd
Fellows Lodge Purchase 1 , 000 . 00
Mr. Nic:olls said the Potter ' s Field appropriation will provide funds
to end :he location of grave fees for the current work. There will
be an i:em for next week concerning a decision on this work. They
found 224 more graves . Our agreement was based on the assumption
that if there were fewer than 143 , we would pay up to one-half for
each one. We have discussed this with a local funeral director -
concerning ways of using a mass grave , perhaps doing this with town
equipment . This $1 , 000 is for work done to date . Mayor Rollins
asked w-ien this Potter ' s Field work will end? Mr. Niccolls said
they topic the first 92 out ; the next step was to merely locate the
remaining graves and decide what to do. If we continued under the
original concept , we would end up with $82 , 000 in it . There was
some discussion with regard to what price this property might bring
if and ahen it is sold.
The $1, 000 for the Odd Fellows Lodge is what they have asked
for. Closing is set for June 30 .
The resolution was unanimously adopted :
Aye : Councilmembers Bos , Herrell , D. Hill , M. Hill , Tolbert ,
Willis and Mayor Rollins .
Nay : None.
Mrs . Hill was disturbed that homeowners in condominiums (such as
Heritage Square) do not have trash pick-up - they pay $7 .50 per month
in their condominium fees for trash pick-up . She suggested that we
think about this when they discuss the garbage contract . If we aren' t
going to pick it up individually, perhaps we should think about paying
for the dumpsters . Mr . Bos felt this should be discussed by both
committees .
Mt . Herrell asked how we are getting into the position of ne-
gotiating contracts with people because they are doing a good job?
Even trough he is somewhat in favor of continuing with the contractor
on the Water Plant , we should solicit competitive bids . He would like
to see a remedy to this situation now. Mayor Rollins felt his argu-
ment i; very persuasive , but there is a distinct difference in the
refuse contract and the Water Treatment Plant . Grayson has already
provided a competitive price so we could compare it against our own
pick-uf - he has $10 , 000 in there so he can come down. Brush should
be added to his bid. Mr. Niccolls said picking up in Heritage Square
would have to be added to the cost too . Mr . Herrell said we should make
sure we are getting the best for our money .
On motion of Mr. Bos , seconded by Mr . Willis , the meeting was
adjourned at 10 : 50 p . m.
�� —� ✓ / Mayor
Clerk of tie Council