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HomeMy Public PortalAbout1983_07_27 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARING ON 296 TAXATION OF ITINERANT MERCHANTS AND PEDDLERS, JULY 27, 1983. A regular meeting of the Leesburg Town Council was held on July 27, 1983 at 7:30 p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg, Vir- ginia. 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 Mrs. Hill. Pres- ent were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Edgar L. Coffey, Jr. , Reginald K. Gheen, Marylou Hill, John W. Tolbert, Jr. and Howard M. Willis, Jr. ; also Town Manager John Niccolls, Deputy Manager Jeffrey H. Minor, Assistant Manager for Planning and Development Marc Weiss, Director of Finance Donald 0. Taylor and Town Attorney George M. Martin. On motion of Mrs. Hill, seconded by Mr. Coffey, the minutes of the regular meetings of June 8, 1983 and June 22, 1983 were unanimously approved: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. PETITIONERS: Mr. Harvey Berger, speaking in behalf of The Hub concerning the regulations signed on Monday regarding August Court Days, said The Hub has usually run a sidewalk sale during this time and they have made plans to do so this year. Un- fortunately, the new regulations do not allow this, so they are asking permis- sion to run this sale. They have agreed not to run this type of sale in the future, but it is hard for them to adjust their inventory on this short notice. They would like to run it both days, but are agreeable to Saturday only. They would take up only about 10 feet to the north in front of the store from its entrance. He asked for consideration of this request. Mr. Stanley Caulkins, also a downtown merchant, said he has reviewed the new regulations and he could not meet the criteria established by them if he wanted to pay for space on the sidewalk - he does not sell handicrafts, hand- made items, baking or cooking, etc. He felt Council should consider this when they completely eliminate the merchants who pay taxes and are there every day from participating in August Court Days. Mr. Ray Baine, President of the Loudoun Restoration and Preservation So- ciety, asked Mr. Emmert Elsea, President of the Downtown Business Association, to present some data pertinent to this question. Mr. Emmert Elsea, President of the DBA, said he was requested to conduct a survey on Saturday of the retail merchants concerning their views on the August Court Days regulations as they now stand. He asked these merchants if they felt the Restoration and Preservation Society had the right to restrict the type of merchandise sold on the street during August Court Days, or did the merchants have a right to sell merchandise on the streets in front of their stores? This poll included no restaurants or offices. Of a total of nine merchants, the con- sensus was one abstention and seven supported the Society on imposing restric- tions. He was not sure of Mr. Caulkins ' vote. Mr. Baine said, in general, he felt the town, the county and the downtown businessmen are in favor of August Court Days and that it does the community a lot of good. They, as sponsors of the festival, have always tried to keep it on a high level and raise the quality of the merchandise on the streets, the enter- tainment presented and the conduct of the affair so it will continue to be a credit to the community. They would like to keep it that way. Mayor Sevila suggested that the issues raised and the regulations them- selves be considered by council in executive session. PUBLIC HEARING ON PROPOSED AMENDMENTS TO TOWN CODE RE TAXATION OF ITINERANT MERCHANTS AND PEDDLERS AND INCREASE FOR SOLICITOR'S CERTIFICATE: A public hearing was held on proposed amendments to the Town Code re taxa- tion of itinerant merchants and peddlers and an increase for solicitors' certifi- cates. The proposed ordinance concerning these amendments was read by the Clerk. There was no-one to speak. The Mayor, therefore, closed the public hearing on this matter. COUNCILMEMBERS' COMMENTS: Mr. Bos reported that the Economic Development Advisory Committee met last week in a special meeting to consider revising or changing the overall goals and MINUTES OF JULY 27, 1983 MEETING. (� objectives of the town as represented by EDAC. The Activity Report gives a 297 7 brief outline of that. The major emphasis was on starting implementation of the East Market Street design study. The second emphasis would be the State Certification Program (there is a resolution on the agenda tonight concerning this) . The last general area had to do with marketing Leesburg as a good place to locate a business or improve your business and items relating to that, such as tourism and emphasizing existing businesses. The committee felt pretty much that this is the direction in which to go. Mr. Weiss has additional informa- tion at the office any time. Mr. Gheen said they are making tremendous progress on West Catoctin Cir- cle. He received a request yesterday from a senior citizen of the Dry Mill area that the town make certain the Highway Department install a traffic sig- nal at that intersection. The cut will probably obscure vision to the west when traveling north. He told him he understood the State will be doing a survey on this. Mrs. Hill said the Planning Commission approved the final plat for Silver Oaks Subdivision. Mr. Coffey reported that some of them went on a tour last Saturday of some of the communities in Eastern Loudoun; Herndon and Reston areas - they visited several developments - residential, commercial and industrial. Several differ- CO ent techniques in development were pointed out in each area - some good and v some bad. This gave them some insight as to how they might/to see our Compre- O hensive Plan and some of our planning activities go in the future. He expressed CO appreciation to the town staff for setting up this tour - it was very well COplanned. They were gone four or five hours. It was worhwhile as far as he Q was concerned. If some would like to go on their own, he was sure the staff would furnish them two or three locations where they could go and see for them- selves. There will be a public meeting Tuesday night, August 2nd at 7:30 p.m. to receive input on what the Town Plan Task Force has done to date. The next regular meeting is August 6th at 8:30 a.m. Mr. Tolbert reported that work seems to be going according to schedule at the airport. Mr. Haynes has sold all but two of his hangars. MANAGER'S REPORT: (1) Mr. Niccolls asked councilmembers to mark their calendars for the Virginia Municipal League meeting in Williamsburg from September 18 through 21. A block of rooms has been reserved and some of the staff will be going. He will be talking to one of the groups on "annexation." (2) Three of the four vacancies in the Police Department have been filled through a recruitment process conducted by Mr. Minor and Chief Kidwell, includ- ing testing, background checks and interviews. It is a time-consuming process to hire that many officers in so short a time period. They expect to have the fourth position filled shortly. Two were new positions authorized by the new budget and two were for vacancies. (3) The Activity Report includes a note about the grant application for improvements to the Loudoun Museum building and the Odd Fellows building - we should hear next week whether the grant has been awarded. Then we will have to scramble to see how we are going to finance our local share if we accept the grant. (4) The FAA has approved the schematic design of the Flight Service Sta- tion building. Mr. Minor has spent a good deal of time with the architects, the FAA and grant management people from New York. The design is very appeal- ing - so far the architects have come up with a building that will be economical as well as an amenity to the airport - this is what we have been seeking all along. It will be a building with enough mass and enough design that it will be a positive addition and not just a white box. Combining the terminal and the flight service center helps do this. The FAA seems pleased with this. (5) The contract for the town's third and final year of the CD program on the South Harrison Street project has been received. This means the State has accepted all the terms and conditions under which we have been managing this project. Council has seen letters from the various monitoring agencies on the quality of the work that has been done and management of the project. MINUTES OF JULY 27, 1983 MEETING. 298 AUGUST COURT DAYS - THE HUB: On motion of Mr. Willis, seconded by Mr. Tolbert, Council voted unani- mously to go into executive session to consider the matters raised about the August Court Days regulations and possible legal matter related thereto, pur- suant to Section 2.1-344 of the 1950 Code of Virginia, as amended (a) (6) . Mr. Niccolls and Mr. Martin were asked to join them and the members of the Loudoun Restoration and Preservation Society present were asked to remain available if needed: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. Council reconvened, with only those matters embodied in the motion to adjourn into executive session considered and no action taken. On motion of Mrs. Hill, seconded by Mr. Gheen, Council voted unanimously to authorize the town manager, within the parameters of the August Court Days ordinance and regulations, to attempt to resolve the apparent issue that has de- veloped concerning a sidewalk sale by The Hub: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. Mayor Sevila asked Mayor Pro-Tem Bos to chair the meeting for the following three items - he has a conflict of interest on these items and will not partici- pate in the discussion and voting. 83-104 - RESOLUTION - REPEALING RESOLUTION 82-100 CONCERNING DEVELOPMENT ON PERSHING AVENUE EXTENDED. On motion of Mrs. Hill, seconded by Mr. Coffey, the following resolution was proposed and unanimously adopted: WHEREAS, no further interest has been shown by Mr. Roy Manalastas for construction of homes on Pershing Avenue extended which would require extension of water and sewer; and WHEREAS, Resolution 82-100 approved water and sewer extensions to serve lots 16-25, Fairview Subdivision, conditioned upon restrictive covenants concerning lot width being recorded in the land records of Loudoun County: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Resolution 82-100 is repealed. Aye: Councilmembers Coffey, Gheen, Hill, Tolbert, Willis and Mayor Pro-Tem Bos . Nay: None. 83-105 - RESOLUTION - APPROVING EXTENSION OF WATER AND SEWER FACILITIES TO WILSON AVENUE EXTENDED. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, Andrew Campbell, the owner of lots 1-12 of Section H of Fair- view Subdivision, has requested that the town allow extension of water and sewer facilities to serve six proposed homes on the 12 lots; and WHEREAS, the developer further proposes to pay for and construct water and sewer extensions and an 18 foot wide rural street section all in accordance with town standards and construction drawings approved by the Director of Engineering; and WHEREAS, Mr. Campbell's proposal is to install six homes, one on every two lots with the buildings separated by at least 18 feet with a minimum 5 foot side yard: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: MINUTES OF JULY 27, 1983 MEETING. 299 SECTION I. Water and sewer extension permits for facilities to serve lots 1-12, Section H, Fairview Subdivision are approved con- ditioned upon a restrictive covenant satisfactory to the town at- torney being recorded in the land records, limiting the number of dwelling units to six on a total of 12 lots not less than 50 feet wide separated by a minimum of 18 feet with a minimum 5 foot side yard as determined by the Zoning Administrator. SECTION II. Plans and specifications for the water and sewer ex- tensions and road facilities are to be reviewed and approved by the Director of Engineering and normal bond and contract approval, guaran- teeing proper installation of the facilities will be processed through the council. SECTION III. The manager shall prepare a reimbursement agreement for future consideration by the council for connections to the extended water and sewer facilities. Aye: Councilmembers Coffey, Gheen, Hill, Tolbert, Willis and Mayor Pro-Tem Bos. Nay: None. li 03 83-106 - RESOLUTION - REDUCING THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR CEDAR WALK SUBDIVISION. mOn motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed: Q WHEREAS, the developer's engineer, Bengtson, DeBell, Elkin & Titus, and the town's Director of Engineering have reviewed the public improvements installed to date in Cedar Walk Subdivision and certify that the value of work performed is $34,047 and the remaining amount of work is less than $480,947; and WHEREAS, a $412,235 Round Hill National Bank set aside letter and $99,354 Fidelity and Deposit Company of Maryland surety bond have been provided I by the developer and approved by Council to guarantee installation of public improvements in Cedar Walk Subdivision; and WHEREAS, the town has agreed, when appropriate, to decrease the perform- ance guarantee by reducing set aside bank funds by 90 percent of the value of work completed on the public improvements: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Round Hill National Bank set aside letter in the amount of $412,235 is reduced to $381,593. The Fidelity and Deposit Company of Maryland surety bond in the amount of $99,345 remains unchanged. SECTION II. The manager shall notify Cedar Walk, Inc. that liability for set aside funds has been reduced as outlined in Section I of this resolution, and that this reduction not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Cedar Walk Sub- division. Mr. Gheen understood that the holdback at the completion of the project would be roughly $140,000. Mr. Niccolls said this is correct. The resolution was unani- mously adopted: Aye: Councilmembers Coffey, Gheen, Hill, Tolbert, Willis and Mayor Pro-Tem Bos. Nay: None. Thereupon, the Mayor assumed the Chair. On motion of Mrs. Hill, seconded by Mr. Gheen, the following ordinances and resolutions were proposed and unanimously adopted, with Mr. Gheen commenting that they have all been considered by Council in committees. Mayor Sevila said most of the ordinances are to make our ordinances conform to language in the State-enabling legislation: r� MINUTES OF JULY 27, 1983 MEETING. 3 0 0 83-0-26 - ORDINANCE - AMENDING SECTIONS 15-15 AND 19-24 OF THE TOWN CODE REGARD- ING FEES FOR SEWER AND WATER CONVEYANCE FACILITIES. WHEREAS, the town from time to time constructs sewer and water conveyance facilities necessitated at least in part by the future subdivision or de- velopment of land; and WHEREAS, the owners or developers of land benefited by the facilities should pay a pro rata fair share of the cost of the facilities: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Sections 15-15 and 19-24 of the Town Code are amended to read as follows: Sec. 15-15. Fees for sewer conveyance facilities. (a) When the council from time to time finds and declares by reso- lution that all or part of the actual cost incurred by the town including interest for constructing specific sewer conveyance facilities shall be paid on a pro rata basis under the terms of this section, a benefited property owner or developer shall pay the fees established herein at such time as connections are made directly or indirectly to the facili- ties. The resolution shall apportion the total cost of the facility on a pro rata basis between the town, in the event the facility is partly of general benefit to sewer system users, and future users based on es- tablished engineering estimates of sewage flows in gallons per day. The resolution shall further establish the amount of interest to be added to the total cost of the facilities from the time of the installation to the time the charge is paid by the property owner or developer. (b) The manager shall maintain for public inspection a record in map or other form of facilities subject to the fees provided herein. (c) The fees prescribed herein shall be paid to the town prior to the issuance of a sewer connection permit. Sec. 19-24. Fees for water conveyance facilities. (a) When the council from time to time finds and declares by reso- lution that all or part of the actual cost incurred by the town including interest for constructing specific water conveyance facilities shall be paid on a pro rata basis under the terms of this section, a benefited property owner or developer shall pay the fees established herein at such time as connections are made directly or indirectly to the facilities. The resolution shall apportion the total cost of the facility on a pro rata basis between the town, in the event the facility is partly of gene- ral benefit to water system users, and future users based on established engineering estimates of water flows in gallons per day. The resolution shall further establish the amount of interest to be added to the total cost of the facilities from the time of the installation to the time the charge is paid by the property owner or developer. (b) The manager shall maintain for public inspection a record in map or other form of facilities subject to the fees provided herein. (c) The fees prescribed herein shall be paid to the town prior to the issuance of a water connection permit. SECTION II. All prior ordinances and resolutions in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. 83-0-27 - ORDINANCE - AMENDING SECTION 11-56 OF THE TOWN CODE RE LOITERING. ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 11-56, Loitering: refusal to identify self upon request of police, of the Town Code is amended to read as follows: MINUTES OF JULY 27, 1983 MEETING. Sec. 11-56. Loitering; refusal to identify self upon request of 301 police. (a) Definitions. The following definitions shall apply in the inter- pretation and enforcement of this section: (1) The term "loiter" means to stand around or remain, or to park or remain parked in a motor vehicle, at a public place. "loiter" also means to collect, gather, congregate, to be a member of a group or crown of people who are gathered to- gether in any public place and to engage in any conduct pro- hibited under this section. (2) The term "public place" means any public street, road or high- ( 1/ way, alley, lane, sidewalk, crosswalk or other public way, or any public resort, place of amusement, park, playground, pub- lic building or parking lot or any vacant lot or any place open to the public or any place to which the public is invited, and in, or around any privately owned place of business, private parking lot or private institution, including places of worship, cemetery or any place of amusement and entertainment whether ow not a charge of admission or entry thereto is made. It includes 03 the elevator, lobby, halls, corridors and areas open to the pub- lic of any store, office or apartment building. 0 (b) Prohibited conduct generally. It shall be unlawful for any person to CO loiter at, in, upon or around any public place whether or not on uJ pri- viate property. (c) Failure of loiterer to move on when ordered to do so by police. It shall be unlawful for any person to loiter at a public place and to fail to obey the direction of a uniformed police officer, or the di- rection of a properly identified police officer not in uniform, to move on, when not to obey such direction shall endanger the public peace. ' (d) Refusal to identify self. It shall be unlawful for any person, at a public place to refuse to identify himself by name and address, at the request of a uniformed police officer or of a properly identi- fied police officer not in uniform, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety requires such identification. (e) Section does not prohibit picketing and other lawful assemblies. Nothing in this section shall be construed to prohibit orderly picketing or other lawful assemblies. (f) Notice of violation of section. Any police officer witnessing a violation of this section may, as an alternative to making an ar- rest, issue the violator a "notice of violation," which notice, in addition to such factors as shall be required by such form of notice as may be approved by the municipal manager, shall specify the viola- tion with which the violator is charged, and shall set forth the hour, date and location that such violator is summoned to appear before the police justice for the municipality to answer such charge. (g) Warning prerequisite for charge for violation. No person shall be charged with a violation of this section unless and until the ar- resting officer has first warned the person of the violation and such person has failed or refused to stop such violation. 111 SECTION II. All prior ordinances and resolutions in conflict herewith are repealed. SECTION III. This ordinance shall be effective upon its passage. 83-0-28 - ORDINANCE - ADDING SECTION 17-68 AND AMENDING SECTIONS 17-75 AND 12-33 OF THE TOWN CODE RE PEDDLERS, ITINERANT VENDORS, RETAIL MERCHANTS AND FEES. ORDAINED by the Council of the Town of Leesburg in Virginia as follows: q q MINUTES OF JULY 27, 1983 MEETING. 3 0 2 SECTION I. The Town Code is amended by adding a new section, to be numbered Section 17-68, Peddlers and Itinerant Vendors, to read as follows: Sec. 17-68. Peddlers and itinerant .vendors. Every person conducting, operating or engaging in the business of itinerant merchant or peddler shall pay an annual license tax of $50.00. An itinerant vendor is defined as a person, firm or corporation who en- gages in any temporary or transient business, either within the town or passing through town, who for the purpose of carrying on such business shall hire, lease, use or occupy any building or structure or any street, alley or other public place within the town for a period of less than one year. A peddler is defined as any person who shall carry from place to place any goods, wares or merchandise and offer to sell or barter the same. SECTION II. Section 17-75 of the Town Code is amended to read as follows: Sec. 17-75. Retail merchants . Every person conducting, operating or engaging, as a retail merchant, in any of the following businesses, trades or occupations in the munici- pality shall pay, with a minimum of $20.00, an annual license tax equal to 0.1 percent of his gross receipts in such business, trade or occupa- tion for the preceding calendar year: (1) Aircraft or aircraft parts. (2) Antiques. (3) Automobile, accessory, tire, battery. (4) Auto sales, motor vehicle dealers. (5) Bakeries, caterers. (6) Reserved. (7) Bicycles. (8) Boats, motors. (9) Books, stationery. (10) Building materials. (11) Candy, nut store. (12) Cigar, tobacco stands, newsstands. (13) Cleaning equipment, supplies. (14) Clothing, any and all. (15) Confectionery. (16) Custom tailor. (17) Dairy products. (18) Delicatessen. (19) Department stores . (20) Drapery, custom upholstery. (21) Drugstores. (22) Dry goods stores. (23) Eggs, poultry. (24) Export and import firms. (25) Farm equipment. (26) Filling stations. (27) Fish, seafood market. (28) Floor covering. (29) Florists. (30) Fruit stores, vegetable markets. (31) Fuel. (32) Furniture. (33) Furriers. (34) Garden supplies. (35) General stores. (36) Gift, novelty, souvenir. (37) Grocery. (38) Hardware. (39) Heating, plumbing, electrical equipment. (40) Hog, grain, feed, seed. (41) Hosiery. (42) Ice. (43) Jewelry. (44) Livestock dealer. MINUTES OF JULY 27, 1983 MEETING. q (45) Luggage. 3 0 3 (46) Lumber goods. (47) Machinery and equipment. (48) Meat market. (49) Men's and boy's clothing. (50) Millinery. (51) Motorcycles. (52) Musical instruments. (53) Office, store, appliance supply. (54) Optical. (55) Paint, glass, wallpaper. (56) Pawnbrokers. (57) Photographic, supply, equipment. (58) Radio or household appliances. (59) Restaurants. (60) Scientific, medical supplies. (61) Secondhand stores, other than junk. (62) Shoes. (63) Soda fountain. (64) Sporting goods. (65) Used cars. (66) Variety stores. W (67) Workmen's clothing. (68) Other retail stores and retail merchants. OM SECTION III. Section 12-33 of the Town Code is amended to read as W follows : cc Sec. 12-33. Fee. The fee for a certificate required by this article shall be $20.00. SECTION IV. All prior ordinances and resolutions in conflict herewith are repealed. SECTION V. This ordinance shall be effective on its passage. 111 83-107 - RESOLUTION - APPROVING A COMMISSION PERMIT. WHEREAS, Section 13.1-456 of the Code of Virginia requires approval by a local planning commission and governing body for construction, establishment or authorization of any street, park or other public area, public building or public structure; and WHEREAS, the County of Loudoun requested approval of the use of 8 West South Street as a county office for mental health center; and WHEREAS, the Leesburg Planning Commission on July 7, 1983 determined that the general location, character and extent of the property and its proposed use is substantially in accord with the adopted Compre- hensive Plan. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir- ginia as follows: The application of the County of Loudoun for use of 8 West South Street as a county office for a mental health center is approved. 83-108 - RESOLUTION - AUTHORIZING PARTICIPATION IN THE VIRGINIA COMMUNITY CER- TIFICATION PROGRAM. WHEREAS, the Town of Leesburg is interested in the economic well being of its citizens and the community at large; and WHEREAS, the town is prepared to support appropriate efforts within the community to become totally prepared to promote economic development; and WHEREAS, the Virginia Division of Industrial Development is offering a program which is specifically designed to help Virginia communities be- come prepared for industrial and related economic development; and 304 MINUTES OF JULY 27, 1983 MEETING. WHEREAS, this program is entitled the Virginia Community Certifica- tion Program: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town of Leesburg wishes to participate in the Virginia Community Certification Program and the leadership of this community ifully realizes this program requires dedicated effort. 1 SECTION II. The town pledges its honest efforts to become designated as a certified community. SECTION III. The Council designates the Economic Development Advisory Committee as representing the town for the purpose of participating in this program. SECTION IV. The town manager is authorized to execute the official entry form for participation in this program. 83-109 - RESOLUTION - ESTABLISHING REVISED POSITIONS AND NUMBERS OF EMPLOYEES INTHE TOWN'S STREET DIVISION. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The following positions and numbers of employees in the Streets Divi- sion of the Public Works Department are established for the period be- ginning July 1, 1983: PUBLIC WORKS DEPARTMENT Streets Division Number full-time equivalent Street Superintendent 1 Assistant Street Superintendent 1 Senior Equipment Operator 1 Maintenance Person 5 Laborer 4 Laborer, temporary 2 83-110 - RESOLUTION - ACCEPTING A TRACT SOUTH OF SOUTH CHURCH STREET AS PUBLIC RIGHT-OF-WAY. WHEREAS, a parcel of land shown on a plat prepared by Bengtson, DeBell, Elkin & Titus dated May 17, 1983 was owned by VEPCO; and WHEREAS, VEPCO has agreed to quit-claim their interest in this parcel to the town; and WHEREAS, provision of a public right-of-way will serve the public health, safety and welfare and facilitate the relocation of McKimmey's Feed Ser- vice: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town accepts the tract described above and designates the same as public right-of-way. SECTION II. This acceptance in no way obligates the town to maintain this parcel as a public street. 83-111 - RESOLUTION - GRANTING ENCROACHMENT TO WILLIAM R. BALLINGER, JR. , AIA, AT 27 WEST LOUDOUN STREET. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager shall issue a revocable permit to William R. Ballinger, Jr. , AIA, for an encroachment into the right-of-way for a distance of four feet one inch for a covered portico in accordance with plans dated July 8, 1983 by William R. Ballinger, Jr. , AIA. MINUTES OF JULY 27, 1983 MEETING. 83-112 - RESOLUTION - AUTHORIZING A LEASE BY AND BETWEEN JANELLE AVIATION, 305 INC. AND THE TOWN OF LEESBURG. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager shall execute on behalf of the town a lease with Janelle Aviation, Inc. of the airport administration building and auxiliary facilities now under design. The terms and conditions of the lease shall be the same as that transmitted to the council by memorandum dated July 15, 1983. 83-113 - RESOLUTION - AUTHORIZING AN OPERATING AGREEMENT BY AND BETWEEN THE TOWN OF LEESBURG AND PROFESSIONAL PILOT SERVICES. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager shall execute on behalf of the town an operating agreement with Professional Pilot Services. The terms and conditions of the operat- ing agreement shall be the same as that transmitted to the council by memorandum dated July 22, 1983. 83-114 - RESOLUTION - INITIATING AND REFERRING A PROPOSED REVISION OF THE LEES- CO BURG ZONING ORDINANCE TO THE. PLANNING COMMISSION. FOR PUB- LIC HEARING AND RECOMMENDATION UNDER CHAPTER 11, TITLE rO . 15.1 OF THE CODE OF VIRGINIA, AS AMENDED. WHEREAS, Section 2-6-1(b) of the Leesburg Zoning Ordinance provides for the non re-establishment of a non-conforming use after it has been dis- t continued for more than five years; and WHEREAS, Section 15.1-492 of the Code of Virginia, as amended, provides that a non-conforming use may be continued only so long as the then existing or a more restricted use continues and such use is not discon- tinued for more than two years: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An amendment to Section 2-6-1(b) of the Leesburg Zoning Ordinance to de- lete the word "five" and insert in place thereof the word "two" is initiated and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15.1 of the Code of Vir- ginia, as amended. 83-115 - RESOLUTION - AWARDING CONTRACT FOR CHEMICAL SUPPLIES. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager shall enter into contracts for the purchase of chemical sup- plies with the suppliers and at the prices shown below: Chemical Vendor Price Chlorine (1 Ton) Suffolk Chemical $13.00 cwt Chlorine (150 lb.) Suffolk Chemical 26.00 cwt Sodium Hypochlorite Suffolk Chemical .84 gal Calcium Hypochlorite Suffolk Chemical 108.00 cwt Hydrofluosilicic Acid 30% Suffolk Chemical 8.74 cwt Hydrofluosilicic Acid 15% Suffolk Chemical 9.50 cwt Hydrated Lime Suffolk Chemical 4.98 cwt Potassium Permanganate Suffolk Chemical 108.80 cwt Activated Carbon Suffolk Chemical 42.00 cwt Aluminum Sulfate Allied Chemical 147.67 Ton Ferric Chloride E I Dupont 237.00 Ton Sodium Chlorite Suffolk Chemical 161.00 cwt 83-116 - RESOLUTION - MAKING AN APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 1984. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation is made from the South Harrison Street Capital Project Fund to Account No. 9300.700, Land Acquisition, in the amount of $132,900 to remain in effect until completion of the project. MINUTES OF JULY 27, 1983 MEETING. 306 83-117 - RESOLUTION - MAKING APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 1984. WHEREAS, the town is required to assist McKimmey's with federal reloca- tion assistance and desires to provide supplemental aid using community development block grant funds. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation is made from the South Harrison Street Capital Project Fund to year two Account No. 9200.307, Relocation, in the amount of $25,000 to remain in effect until completion of the project. Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. PROPOSED ORDINANCE AMENDING SECTION 11-43 OF THE TOWN CODE REGARDING CURFEW FOR MINORS. On motion of Mrs. Hill, seconded by Mr. Willis, an ordinance amending Sec- tion 11-43 of the Town Code regarding Curfew for Minors was proposed. After rather lengthy discussion, the motion was withdrawn and, on motion of Mrs. Hill, seconded by Mr. Tolbert, this ordinance was unanimously referred to the Town Attorney for further clarification: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. Mayor Sevila asked that Mr. Martin consider this ordinance in terms of any inter- nal conflicts it might have and in terms of any reasonable conduct it might un- reasonably prohibit. We don' t want to be in the position that legitimate or legal conduct could become a violation of an ordinance. Mr. Niccolls said they will also consult with the County Attorney's office to see what they are adopt- ing - there is some benefit to having ordinances that are consistent County- wide if we can. Mayor Sevila recognized John Isom, former Fairfax County Captain and pres- ently Democratic candidate for Sheriff. Mr. Isom said it is about time for the campaign to kick off. There are a lot of issues in this race and they will start coming out now. He thanked Mayor Sevila for recognizing him. 83-118 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF BROWNELL, INC./ SYCOLIN FOREST ASSOCIATES FOR REVISION OF ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE CODE OF VIRGINIA, AS AMENDED. On motion of Mrs. Hill, seconded by Mr. Bos, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application of Brownell, Inc./Sycolin Forest Associates for revision of the zoning district map, assigned No. ZM-44, is received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15.1 of the 1950 Code of Virginia, as amended. Mr. Niccolls pointed out this particulararea on -a map, stating that it is a small section of B-2 where there is a problem for ten lots in Silver Oaks. Most of it is encompassed in a proposed subdivision. It is currently zoned R-3, which permits townhouses (it could accommodate about 88) . A preliminary plan has been submitted by the firm to develop 55 single-family homes in a cluster plan configured as such under the R-2. There are some trade-offs of density and traffic considerations that will be attempted to be worked out at the Planning Commission level before its recommendation comes up. They have already appointed a committee, as well as contacting some nearby property owners. The resolution was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 307 MINUTES OF JULY 27, 1983 MEETING. On motion of Mr. Tolbert, seconded by Mr. Willis, Council voted unanimously to cancel the committee meeting of August 3rd and the regular meeting of Aug- ust 10th. On motion of Mr. Tolbert, seconded by Mr. Willis, the meeting was adjourned at 9:15 p.m. id it 44:(11---- /' Mayo , l`o.. /f,C ,.� Clerk of e Council 1y t