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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