HomeMy Public PortalAbout1984_07_25 c MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARING
1 6 8 ON ZM-48 (GRANT) , JULY 25, 1984.
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia on July 25, 1984 at
7:30 p.m. The_meeting was called to order by the Mayor, with the invocation
given by Mr. Tolbert, and followed with the Salute to the Flag led by Mr. Curry.
Present were: Mayor Robert E. Sevila, Councilmembers Arl Curry, Marylou Hill,
Brian T. Kelley, John W. Tolbert, Jr. and-Charles J. Williams; also Acting
Town Manager Jeffrey H. Minor, Assistant Manager for Planning and Development
Marc Weiss, Director of Engineering Andrew G. Shope, Director of Finance Don-
ald 0. Taylor, Director of Utility Plants Randolph W. Shoemaker and Town At-
torney George M. Martin. Absent from the meeting was Councilmember Charles A.
Bos.
PRESENTATION OF CERTIF-ICATES OF APPRECIATION:
Certificates of Appreciation were presented by Mayor Sevila to Donald 0.
Taylor for six years as Director of Finance for the Town; to John Niccolls for
eight and one-half years as Town Manager; to Howard M. Willis, Jr. for four
years as a councilmember and to Edgar L. Coffey, Jr. for one year, eight months
as a councilmember.
PUBLIC HEARING ON ZM-48, LAWRENCE N. GRANT:
Mr. Weiss advised that this rezoning was the subject of an earlier public
hearing, at which time the applicant was requesting a straight rezoning from
R-2 to B-2. There was some concern expressed at the next meeting by some of
the councilmembers - the applicant had shown a conceptual plan for development
of the tract, mentioning that office use was the most probable use. They.sugr
gested. that_he either proffer out some of the undesirable uses in the B-2 cate-
gory and'/or proffer the concept plan and tie it down to some specific uses
such as office or retail. Mr. Martin's_opinion was that, under the State Code,
the proffer had to be presented prior to Council's public hearing. We are,
therefore, holding a second public hearing tonight. The proffer was submitted
on July 16th and was reviewed by Mr. Martin, who commented that the wording was
not in correct form - the proffer referred to construction of certain activi-
ties and not to uses allowable under the B-2 zoning category. The Mayor made
a couple of suggestions which were passed on to Mr. Stock, attorney for the
applicant. It has been reworded, but he was not sure that it actually added
to the proffer. Mrs. Hill recalled that there was a question about buffering
at the Planning Commission level. Mr. Weiss replied that the Zoning Ordinance
requires that any B-2 use located next to an R-2 use has to meet our buffering
standards (a 6-foot fence or planting) - this would be at the option of the ap-
plicant.
Mr. Kendall Stock, attorney representing the applicant, said this is a
residential lot of about one-half acre off by itself - it has no frontage or
access other than through the commercial propertyin front of it. They are
proposing to build a conceptual type of building - they have gone no further
in design stages because they are still looking to see what is best suited for
the area. The proffers will act as a good buffer between commercial and resi-
dential - they restrict noise - a screen buffer will be erected in compliance
with the ordinance. The Master Plan for the Town calls_ for_this 14,375 square
feet to be in a commercial B-2 zone. They have attempted to proffer out most
of the undesirable uses - there have been two public hearings and he hoped they
have complied with the Council's desires. Councilmembers seemed to feel that
this meets all the requirements Council has asked for and Mr. Martin has indi-
cated the language is proper.
There was no-one from the public to speak.
Mayor Sevila asked that the rezoning be contingent upon the conveyance to_Mr:
Grant, Trustee,_within 30 days and with the ordinance being effective on Aug-
ust 22nd.
COUNCILMEMBER COMMENTS:
Mr. Williams proposed that some recognition through a group award would
be appropriate to the Fire, Rescue and Police with respect to their efforts at
the fire on July 13th. They did everything with respect to risking their lives
to preserve the town. We are fortunate that we have these men who are trained
and have the ability to address that conflagration-... Also, that same day we had
a second fatality on the by-pass, with good reason to believe that the people
driving those vehicles were driving while intoxicated. He suggested that our
Police Chief obtain some statistics on our DWI ratio and "beef up" their ef-
forts to monitor DWI in the town.
MINUTES OF JULY 25, 1984 MEETING. 1 6 9
Mr. Williams also reported that there were many fine opportunities to talk
with other councilmembers from the State and exchange ideas, etc. It was very
enjoyable and worthwhile and much information was derived. He suggested that the
1 manager prepare a letter from the Mayor expressing appreciation for the fine pro-
gram at that meeting.
The VEPCO tract negotiating committee met yesterday to review the major is-
sues that will be addressed. Last night he met with the Environmental Advisory
Commission for the first time - he believes it is good that councilmembers have
the opportunity to participate in all the commissions. The Commission will be
sending Council a letter very soon recommending a fence ordinance. They also
discussed the possibility of having a "tree city" and perhaps a "litter" offi-
cer (this to be a volunteer service) to find ways to keep the litter off the
streets.
Mrs. Hill requested that the Finance and Administration Committee consider
an ordinance prohibiting the sale or rental of pornographic materials or items
to minors.
Mr. Curry reported that the Planning Commission had very little on its agenda
for action at its last meeting. There has been a request that their agendas be sent
to councilmembers.
N Mr. Kelley felt the first meeting of the Utility and Public Works Committee
was very successful - they had five members of Council present, as well as a full
W house of public present with items that concerned them.
Q Mr. Tolbert reported that the Airport is coming along very nicely now. Also,
he received a letter from a lady and her husband from New York, who were involved
in an accident on the Route 15 by-pass on July 10th - she said they were treated
with the utmost kindness and compassionate consideration by the town police. She
cited Lt. O'Neal and other officers, as well as the officer driving Car 27.
MAYOR'S REPORT:
I
Mayor Sevila reported that he sent a letter in response to Mr. Pumphrey's
letter, informing him that Council intends to consider the possibility of a
televised meeting format - this is good for the town and it is certainly-good
for the council.
He concurred with Mr. Williams concerning the program in Charlottesville.
This is put on jointly by the Institute of Government at UVA and the Virginia
Municipal League. It is a well planned and well thought out program to assist
both experienced councilmembers and new members - to give them a better under-
standing of their roles as councilmembers and staff members. He had the oppor-
tunity to serve on a panel this year with several distinguished members of. local
government, including the County Executive from Albemarle and a member of the
Board of Supervisors from James City County, Dr. Jack Edwards. This was a very
worthwhile experience for him. This meeting was also attended by four of our
councilmembers, Mr. Minor and Mr. Weiss. A letter would be in order to express
our appreciation as a town and a council for the opportunity for both participat-
ing and being a part of the program, and commend them for their excellent job in
planning.
Mr. Tolbert added that the big meeting for this year is the end of September
through October 2nd - the Virginia Municipal League meeting - this is when you
really learn a lot.
MANAGER'S REPORT:
Mr. Minor called attention to the written Activity Report, apologizing for
its lateness but explaining that staff has been busy doing the work rather than
reporting on it.
1
(1) Updating the report concerning the EPA grant and status of review of
the CDM contract, he reported that Mr. Shope talked today with Stu Wilson of the
SWCB and Jim Kern of EPA to try to learn the status of these items. The State
Water Control Board will have its recommendations to EPA in three to four days.
We heard today that EPA has approved the three-month extension, so we have a
MINUTES OF JULY 25, 1984 MEETING.
170
little less than six months to get a Notice to Proceed issued on the major part
of the work. Mr. Shope also learned today that they are leaning toward not recom-
mending funding for the value engineering, bidability and constructability review.
Mr. Shoemaker will be attending a meeting tomorrow with CDM to begin the first
evaluation of the potential savings identified under this special engineering
effort - Andyis confident that we will have some potential savings there that
will exceed the $27,000. If the SWCB makes therecommendation and EPA accepts
it and it is not funded, there are some appeal mechanisms that can be employed.
If there are some well-substantiated savings from this review, we may be able
to get the funding anyway. Mr. Shope also wanted to find out if there are any
impediments identified by either EPA or the SWCB - as of this date they could
not tell us of any, so this is good news.
(2) In addition to Don Taylor, the Finance Department will also lose Kay
Stowers, who has been Accounting Clerk for about 31 years - she has done a find
job. They have a recruitment program underway for both of these positions and
have about 20 applications for Finance Director, and the MFOA Journal has not hit
the streets yet - this is where he expects to get the bulk of applications for
that position. We also have applications on file now for the Accounting Clerk
position. Other recruitment is going on for the secretary-receptionist - he
would like to appoint Judith LeRoy - she will accept it if he can make the offer
tomorrow and if Council will approve the permanent position. Thiswould fill
all the clerical, secretarial and administrative assistant positions.
(3) Concerning the cash audit, when we are dealing with millions of dollars, :
this is an expenditure well made. Yount, Hyde & Barbour will conduct that audit.
This is for both the town's and Mr. Taylor's protection and the new Finance Di-
rector's.
(4) Before them later tonight is a resolution that would amend our request
to the Highway Department regarding maintenance of streets and mileage payments.
In January, Council adopted a resolution that had two very minor and technical
errors in it - the resolution was written on data supplied by the Highway De-
partment. Subsequent to that, they have recalculated certain mileages and there
are some minor changes to be made. We want to take action tonight, so we can
expedite this to the Highway Department and begin receiving our additional high-
way
maintenance funds - they will be retroactive to January 1st.
(5) Construction work on the Tuscarora Creek Channel improvements is ad-
vertised in the newspaper. We will accept bids on August 14th and will have
this before the Utility and Public Works Committee for consideration and hope-
fully award this at the August 22nd meeting. This will take advantage of the
fall construction season.
(6) He met today with FAA officials from the Eastern Region and from the
Washington, D.C. Headquarters - this was not an official inspection, but an oppor-
tunity for them to take some photographs and see how things are going. They are
pleased with the appearance of the building and the utility of it. There were
about 22 workers there today. Liquidated damages have been reduced from their
payments effective June 1st (this covers all the rent -for the Flight Service
Station and for the Terminal. They hope the architect can certify beneficial
occupancy sometime in the latter part of August. They are collecting rent as
liquidated damages - they are withholding from the contractor's payment an
amount equal to $475 per day.
Mayor Sevila asked that someone amplify the situation on the Balls Bluff
Cemetery. Mr. Shope reported that there was a committee meeting on July 3rd -
they are preparing a dedication ceremony at Balls Bluff, which they hope will
be attended by certain officials and Nancy Reagan - it will be during the August
Court Days celebration on Saturday at 1:00 p.m. Mayor Sevila felt it is news-
worthy that an effort is being made to bring not only dignitaries, including
judges, congressman and senators, but also First Lady Nancy Reagan, to be a
part of this dedication, although it is not confirmed yet.
LEGISLATION:
On motion of Mrs. Hill, seconded by Mr. Williams, the following resolutions
were proposed and unanimously adopted as consent items:
84-114 - RESOLUTION - INITIATING AMENDMENT OF THE SUBDIVISION AND LAND DEVELOPMENT
REGULATIONS REGARDING FEES.
WHEREAS, Resolution Number 84-81, approving the budget and making appro-
priations for the fiscal year ending June 30, 1985, directed the manager
MINUTES OF JULY 25, 1984 MEETING. 171
to prepare appropriate legislation to revise the fees and charges in-
cluded as revenue in the adopted fiscal year 1985 budget:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The amendment of the Subdivision and Land Development Regu-
lations is initiated to amend Section 13-54 to read as follows:
Section 13-54. Fees.
Fees and charges to be paid to the town for the review of plats
and plans, for the inspection of facilities required to be installed
by this article and for variances shall be as follows:
(a) For preliminary plats and preliminary development plans, the fee
shall be $50.00 per acre, computed for each one-tenth (1/10) of an
acre or fraction thereof contained in the area to be subdivided or
developed but not less than $50.00.
(b) For final plats and final development plans, the fee shall be
$265.00 per acre plus the amount extended from the quantity of pub-
r- lic improvements at the following rates:
Type of Public Improvement Unit Rate
[Q Storm Sewer $0.46 per linear foot
Q Water Main 0.63 per linear foot
Curb & Gutter 0.31 per linear foot
Sidewalk 0.31 per linear foot
Sanitary Sewer 0. 78 per linear foot
Streets 0.61. per linear foot
Overlot Grading $48.50 each lot
(c) For inspections conducted as provided by Section 13-77(b) and
13-89(b) of this article there shall be no fee.
(d) For reinspections of improvements which upon original inspec-
tion were found to be faulty or incomplete, the fee paid by the sub-
divider or developer shall be a sum equal to two times the inspectors'
regular compensation for the time required for the reinspection, but
not less than $5.00.
(e) For final inspections requested by subdividers and developers
for release of performance or maintenance bonds, there shall be no
fee unless the Director of Engineering finds that the improvements
are not prepared and ready for final inspection; in which case, the
fee .shall be a sum equal to two times the regular compensation for
the town employees' time required for inspection above what would
have been required had the improvements been prepared and ready for
final inspection, but not less than $25.00.
(f) For applications for variances filed under Sec. 13-91, the fee
shall be $10.00.
SECTION II. A public hearing at which persons may appear and present
their views shall be held on the Subdivision and Land Development
Regulations amendments proposed above beginning at 7: 30 p.m. , or as
soon thereafter as the matter is reached, on September 12, 1984 in
the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia,
and in line with Section 15.1-431 of the Code of Virginia, as amended,
this hearing shall be a joint public hearing of both Planning Commis-
sion and Council. The clerk shall give notice of this hearing and
the Council's intention to consider the amendments on August 23, 1984
and August 30, 1934 and shall advise the Planning Commission the pur-
pose, time and date of the hearing.
SECTION III. The Planning Commission shall report its recommendations
to the Town Council on the proposed amendments within sixty days of the
public hearing.
172 MINUTES OF JULY 25, 1984 MEETING.
84-115 - RESOLUTION - INITIATING AMENDMENT OF THE ZONING ORDINANCE REGARDING
FEES.
WHEREAS, Resolution Number 84-81, approving the budget and making ap-
propriations for the fiscal year ending June 30, 1985, directed the
manager to prepare appropriate legislation to revise the fees and
charges included as revenue in the adopted fiscal year 1985 budget:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir-
ginia as follows :
SECTION I. An amendment of the Leesburg Zoning Ordinance is initiated
1 to amend Sections 8-2-11-12, 9-6, 10-3-1, 10-3-2 and 11-2 to read as
follows:
Section 8-2-11-12. Application and Approval.
(a) Application for a special exception by the Council shall be made
on forms provided by the zoning administrator who shall transmit a
copy to the Planning Commission for recommendation. Each such appli-
cation will be accompanied by a filing fee of $270 to defray the cost
of processing said application, which amount shall be paid to the Di-
rector of Finance. The Planning Commission shall transmit its recom-
mendation to the Council no later than thirty days after the first
meeting of the Commission after the application has been referred to
the Commission.
(b) The Town Council shall conduct a public hearing pursuant to Sec-
tion 15.1-431 of the Code of Virginia, as amended, after receipt of
the Planning Commission recommendation.
(c) The Town Council may establish reasonable conditions, safeguards
and restrictions on the proposed use as deemed necessary to protect
nearby properties and the public interest.
Section 9-6. Approval of Conditional Uses: General Fee.
(a) Conditionally permitted uses listed in Article 3, 3-A, 4, 4-A
and 4-B inclusive are permitted within zoning district only upon ap-
plication for and approval of a Conditional Use Permit by the Zoning
Administrator after approval by the Commission in accordance with the
provisions of this article.
(b) Application for a Conditional Use Permit shall be made to the Zon-
ing Administrator, on forms prescribed by him at least 21 days prior to
the Commission meeting at which first consideration is desired and shall
be accompanied by a zoning plan necessary to demonstrate that the con-
ditions for approval set out in this article shall be fulfilled. Each
such application shall be accompanied by a filing fee of $270 to defray
the cost of processing said application, which amount shall be paid to
the Director of Finance.
(c) The Zoning Administrator shall transmit completed applications to
the commission with a report setting out the Administrator's findings
as to whether or not the conditions for approval have been met by the
application.
(d) An existing use conditionally permitted in an "R" zoning district
by this ordinance shall be considered a conforming use in that district.
(e) A new use for which a Conditional Use Permit is required in an "R"
zoning district and which complies with this ordinance shall be consider-
ed a permitted use in that district.
Section 10-3-1. Applications.
An application to the Board for a variance, special exception, or inter-
pretation of the Zoning District Map, or any other case in which the
Board has original jurisdiction under the provisions of this ordinance
may be made by any property owner, tenant, governmental officer, depart-
MINUTES OF JULY 25, 1984 MEETING. 173
ment, board or bureau. Such application shall be filed in triplicate
with the Zoning Administrator, who shall transmit a copy thereof, to-
gether with all the plans, specifications and other papers pertaining
to the application, to the Chairman of the Board. Each such applica-
tion shall be accompanied by a filing fee of $340 to defray the cost
of processing said application, which amount shall be paid to the Di-
rector of Finance.
Section 10-3-2. Appeals.
An appeal to the Board may be taken by any person aggrieved by, or
any officer, department, board or bureau of the Town of Leesburg af-
fected by any decision of the Zoning Administrator relative to the
administration of this ordinance. Such appeal shall be taken within
thirty (30) days from the date of the decision complained of, by fil-
ing with the Zoning Administrator and with the Board a notice of appeal
stating the grounds thereof. A notice of appeal in triplicate shall
be accompanied by a filing fee of $270 to defray the cost of process-
ing said appeal, which amount shall be paid to the Director of Finance.
The Zoning Administrator shall forthwith transmit to the Board all
papers constituting the record upon which the action appealed from
cf was taken.
N If the Board decides that there was an error in the order, require-
ment, decision or determination of the zoning enforcement officer as
specified in the notice of appeal, the Director of Finance shall re-
[Q turn the aforementioned fee to the appellant and no fee shall be charged
for the appeal. If, however, the Board's decision is to uphold the
order, requirement, decision or determination of the zoning enforcement
officer, the Director of Finance shall retain the filing fee in the
treasury.
Section 11-2. Initiation of Amendments
Amendments of the Zoning Ordinance shall be initiated only in the
IIfollowing manner:
(a) Amendments to the text of the ordinance and/or changes in the zon-
ing boundaries or classification of properties shown on the Zoning Map
may be initiated by the Council or the Planning Commission in accord-
ance with the provisions of Sec. 15.1-493, 1950 Code of Virginia, as
amended.
(b) Amendments to the zoning boundaries or classification of property
shown on the Zoning Map may be initiated by property owners of the land
proposed to be rezoned, by the filing with the Council of a Zoning Map
amendment petition addressed to the Council, which petition shall be on
a standard form approved by the Planning Commission and provided by the
Zoning Administrator, and accompanied by a fee of $300, plus $200 per
acre, and all other material and data required in said form.
SECTION II. A public hearing at which persons may appear and present
their views shall be held on the Zoning Ordinance amendments proposed
above beginning at 7:30 p.m. , or as soon thereafter as the matter is
reached, on September 12, 1984 in the Council Chambers, 10 Loudoun
Street, S.W. , Leesburg, Virginia, and in line with Section 14.1-431
of the Code of Virginia, as amended, this hearing shail.be a joint
public hearing of both Planning Commission and Council. The clerk
shall give notice of this hearing, and the Council's intention to con-
sider the amendments on August 23, 1984 and August 30, 1984 and shall
advise the Planning Commission the purpose, time and date of the hearing.
SECTION III. The Planning Commission shall report its recommendations
to the Town Council on the proposed amendments within sixty days of the
public hearing. - -
84-116 - RESOLUTION - AUTHORIZING A CONTRACT WITH BENGTSON, •DeBELL, ELKIN AND
TITUS FOR ENGINEERING PLANS FOR IMPROVEMENTS TO EDWARDS
FERRY ROAD.
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
1174 MINUTES OF JULY 25, 1984 MEETING.
SECTION I. The Acting Manager shall enter into a lump sum contract
with Bengtson, DeBell, Elkin and Titus, P.O. Box 83, Leesburg, Vir-
ginia for the preparation of engineering plans for curb, gutter and
sidewalk on the northerly side of Edwards Ferry. Road and widening of .
pavement within the limits of a proposed 50-foot right-of-way from
Prince Street to Washington Street in accordance with the terms and
scope of work outlined in their letter-proposal 11154-84L dated June
29, 1984 and addendum dated July 18, 1984, at a contract price of
$7,000.
SECTION II. An appropriation is made to the General Fund unappro-
priated fund balance to account number 4102.300, contractual ser-
vices, in the amount of $7,000 for fiscal year 1985.
84-117 - RESOLUTION - AUTHORIZING AN AMENDMENT TO THE TOWN'S CONTRACT WITH
GRAYSON'S REFUSE SERVICE, INC. TO PROVIDE "UNLIMITED"
RESIDENTIAL TREE TRIMMING, BRUSH AND LEAF COLLECTION AND
DISPOSAL SERVICES.
WHEREAS, the proposal from Grayson's Refuse Service, Inc. for garbage
and refuse collection included a bid alternate to provide "unlimited"
residential brush collection and machine collection of leaves at an
annual charge of $15,000 as well as an offer to purchase the town's
leaf loader at a price of $3500; and
WHEREAS, acceptance of this proposal will reduce the town's annual
cost to provide these valuable services; and
WHEREAS, the acceptance of this proposal will not result in a lay-off
within the public works department:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The acting manager is authorized and directed to execute an
amendment to the town's current contract with Grayson's Refuse Service,
Inc. to provide for "unlimited" residential tree trimming, brush and leaf
collection and removal in line with Paragraph (g) of the town's garbage
and refuse and disposal bid documents issued April 19, 1984 and Grayson's
Refuse Service, Inc. bid received May 15, 1984.
SECTION II. The acting manager is authorized and directed to sell to
Grayson's Refuse Service, Inc. the town's 1975 American Roads leaf loader
at a purchase price of $3500.
84-118 - RESOLUTION - AUTHORIZING AN AGREEMENT APPROVING A PERFORMANCE GUARANTEE
FOR INSTALLATION OF PUBLIC IMPROVEMENTS, APPROVING WATER
AND SEWER EXTENSION PERMITS, AUTHORIZING WATER, SEWER AND
STORM SEWER EASEMENTS AND A RIGHT OF WAY DEDICATION FOR
STAR PONTIAC GMC, INC.
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager is authorized to execute on behalf of the Town
an agreement with Star Pontiac GMC, Inc. of Leesburg forinstallation of
public improvements shown on plans approved by the Planning Commission
and the Director of Engineering for Star Pontiac GMC, Inc.
SECTION II. The extension of municipal water and sewer for this facility
is approved in accordance with Sections 19-19 and 15-9 of the Town Code.
SECTION III. A performance guarantee in the amount of $48, 346.00 in a
form approved by the Town Attorney for installation of public improvements
shown on plans approved by the Director of Engineering for Star Pontiac
GMC, Inc. is approved.
SECTION IV. The manager shall execute on behalf of the Town such water,
sewer and storm water easements as necessary to allow public improvement
installation for the Star Pontiac GMC, Inc. development.
MINUTES OF JULY 25, 1984 MEETING. 175
SECTION V. The mayor shall accept on behalf of the Town, dedication
and reservation of right of way adjacent to the Star Pontiac GMC de-
i velopment for widening of East Market Street.
SECTION VI. This resolution is conditioned upon review and approval of
the agreement, water and sewer extension permits, performance guarantee,
easement documents and dedication documents by the Town Attorney.
84-119 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE
FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER
AND SEWER EXTENSIONS FOR OAK VIEW SUBDIVISION.
II
I
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager is authorized to execute an agreement for instal-
lation of public improvements (Form PC-2) for Oak View Subdivision.
SECTION II. The extension of municipal water and sewer works for Oak
View Subdivision is approved in accordance with Sections 19-18 and 15-9
of the Town Code.
SECTION III. Equitable Federal Savings and Loan Association irrevocable
letter of credit No. in the amount of $296,093.00 guaranteeing
N installation of public improvements in Oak View Subdivision is approved.
W SECTION IV. This resolution is conditioned upon approval of the agree-
CO went, water and sewer extension permits and irrevocable letter of credit
by the town attorney.
84-120 - RESOLUTION - AUTHORIZING SUBSTITUTION OF IRREVOCABLE LETTER OF CREDIT
FOR A SET ASIDE LETTER FOR GUARANTEE OF PUBLIC IMPROVEMENT
INSTALLATIONS FOR SILVER OAKS SUBDIVISION.
WHEREAS, Sycolin Forest Associates, Inc. , developers of Silver Oaks sub-
division have requested that Equitable Federal Savings & Loan Association
' irrevocable letter of credit-0007 in the amount of $224,339 be substi-
tuted for the present set aside letter which guarantees installation of
public improvements at Silver Oaks subdivision:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Equitable Federal Savings & Loan Association irrevocable
letter of credit 0007 in the amount of $224,339 is approved.
SECTION II. The Equitable Federal Savings & Loan Association set aside
letter in the amount of $224,339 is released.
SECTION III. This resolution is conditioned upon review and approval of
Equitable Federal Savings & Loan Association irrevocable letter of credit
0007 by the Town Attorney.
84-121 - RESOLUTION - AUTHORIZING A FULL TIME SECRETARY-RECEPTIONIST TO REPLACE
TWO PART-TIME SECRETARY-RECEPTIONIST POSITIONS.
WHEREAS, the adopted fiscal year 1984 budget provided for two part-time
secretary-receptionist positions; and
WHEREAS, use of part-time personnel has proved inefficient and qualified
personnel to fill the positions on a part-time basis has been difficult:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
A full-time secretary-receptionist position is authorized to substitute
for the two part-time secretary-receptionist positions provided for in
the budget.
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
176 MINUTES OF JULY 25, 1984 MEETING.
PROPOSED ORDINANCES AMENDING ZONING ORDINANCE AND SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS REGARDING CLUSTER DEVELOPMENTS, PIPESTEM LOTS AND PRIVATE STREETS.
On motion of Mrs. Hill, seconded by Mr. Williams, a motion to refer the
above ordinances back, to Finance and Administration Committee for further dis-
cussion was unanimously adopted:
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
84-0-30 - ORDINANCE - AMENDING THE LEESBURG ZONING MAP IN RE #ZM-48.
On motion of Mrs. Hill, seconded by Mr. Tolbert, the following ordinance
was proposed and unanimously adopted:
WHEREAS, Rezoning Application IIZM-48 by Lawrence N. Grant was referred
to the Planning Commission on March 21, 1984; and
WHEREAS, the Planning Commission held a public hearing on OZM-48 on
April 19, 1984; and
WHEREAS, the Planning Commission adopted a resolution recommending
approval of the rezoning request; and
WHEREAS, the Town Council held a public hearing on IIZM-48 on July 25,
1984; and
WHEREAS, the applicant's written proffer was presented to Council
prior to the public hearing; and
WHEREAS, IIZM-48 is required by the public necessity, convenience, gene-
ral welfare and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Leesburg Zoning Ordinance is amended to revise the zon-
ing district map to change from R72 to B-2 the 14,375 square feet shown
on a plat prepared by Chamberlin Associates dated March 6, 1984 subject,
however, to the following conditions proffered by the applicant pursuant
to Sections 15.1-491.1 through 15.1-491.6 of the Code of Virginia, as
amended:
The applicant agrees to eliminate the following uses: Filling
station, drive-in eating places, sheet metal shop, frozen food
locker, dry cleaning plant, laundry, building materials sales,
milling and grinding and feed stores.
SECTION II. This ordinance shall be in effect on August 25, 1984.
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
•
Sevila.
Nay: None.
84-0-31 - ORDINANCE - AMENDING ARTICLE VI OF CHAPTER 10 OF THE TOWN CODE REGARDING
FEES.
On motion of Mrs. Hill, seconded by Mr. Williams, the following ordi-
nance was proposed: '
WHEREAS, Resolution Number 84-81, approving the budget and making ap-
propriations for the fiscal year ending June 30, 1985, directed the
manager to prepare appropriate legislation to revise the fees and
charges included as revenue in the adopted fiscal year 1985 budget:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Section 10-162 of the Town Code is amended to read as fol-
lows:
MINUTES OF JULY 25, 1984 MEETING.
17'7
Section 10-162. Settlement and compromise of charges for certain
parking violations.
(a) Any person accused of parking in a metered area without putting
a coin in the meter to cover the required time may settle and compro-
mise the charge against him for such illegal parking by inserting
$3.00 in the envelope provided for such purpose and depositing the
same at such location as prescribed on said envelope by 12:00 noon
of the next calendar day following the day of the violation or by
paying to the town the sum of $7.50 before the second district court
date from the day of violation, which court dates are on the first
and third Mondays of each month at 2:00 p.m.
After the second court date from the day of violation has passed and
Ii the violation remains unsettled, the person accused may settle the
violation by paying the sum of $20.00 to the town.
Unless otherwise provided, violations of any provision, of this chap-
ter may be compromised by paying to the town the sum of $7.50 before
the second district court date from the day of violation, which dates
are on the first and third Mondays of each month at 2:00 p.m. Viola-
tions of subsection 10-150 (a) (4) may be compromised in an identical
'Crv manner upon payment of the sum of $25.00 to the town.
N (b) A receipt shall be issued for all money received pursuant to this
section and such money shall be promptly turned over to the director
of finance to be used in the manner provided for the disposition of
CO fines for traffic violations .
Q
SECTION II. Section 10-176 of the Town Code is amended to read as
follows: -
Section 10-176. Deposit of coin, occupancy ofmetered space; etc.
(a) The owner or operator of a vehicle, upon entering a parking meter
I
space marked as provided in this division with his vehicle, during the
time parking meters are in operation, as provided by section 10-175,
shall immediately deposit a coin or combination of coins_of the United
States in the parking meter situated at the side of the parking meter
space so entered and shall operate the parking meter according to the
instructions thereon. Failure to comply with such requirements shall
be unlawful.
(b) Upon the deposit of a five-cent coin, ten-cent coin or 25-cent
coin and placing the parking meter in operation, the parking meter
space in question may be lawfully occupied during the period of time
prescribed on the parking meter legend for the particular amount de-
posited.
(c) Parking meters located where two-hour maximum parking is permitted
when properly operated shall be so adjusted that initial or additional
five-cent or ten-cent coins may be deposited at any time throughout the
two-hour period, as long as the two-hour limit ,is not exceeded by any
one vehicle occupying the same space. The deposit of each five-cent
coin shall permit the vehicle to be parked for a period of 15 minutes;
and the deposit of each ten-cent coin shall permit the vehicle to be
parked for a period of 30 minutes.
(d) The parking meters in parking lots owned by the town, upon which
parking meter spaces have been marked andparking meters erected, shall
require a deposit of five cents for a period of 15 minutes or a deposit
of 10 cents for a period of 30 minutes or 25 cents for a period of 75
minutes where permitted.
(e) Parking meters located where 30-minute maximum parking is permitted
when properly operated shall be so adjusted that a deposit of a five-cent
coin shall permit the vehicle to be parked for a period of 15 minutes.
(f) Parking meters located where 15-minute maximum parking is permitted
when properly operated shall be so adjusted that a deposit of a five-cent
coin shall permit the vehicle to be parked for a period of 15 minutes.
178 MINUTES OF JULY 25, 1984 MEETING.
(g) It shall be unlawful for the operator of a vehicle to park such
vehicle, or to permit such vehicle to remain parked, during daylight
hours, except Sunday and national holidays, in areas controlled by
parking meters on streets in the town (excluding the town parking lot,
except where the meter indicates otherwise) for a period longer than
two hours from the time the vehicle is so parked in any such parking
' meter zone.
SECTION III. All prior ordinances and resolutions in conflict herewith
are repealed.
SECTION IV. This ordinance shall be in effect upon its passage.
Mayor Sevila explained that this doubles the cost of meter parking and increases
the fines to=$1.00 if paid before noon the next day and to$2.50 if paid after noon
of the next day, and to increase the compromise amount if it goes to court. : ._
These fees, along with others proposed_in other ordinances to be considered to-
night, were the subject of considerable discussion throughout the budget delibera-
tions. The ordinance was unanimously adopted by roll call vote:
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None
84-0-32 - ORDINANCE - AMENDING ARTICLE I OF CHAPTER 15 OF THE TOWN CODE REGARDING:
FEES.
On motion of Mrs. Hill, seconded by Mr. Kelley, the following ordinance
was proposed:
WHEREAS, Resolution Number 84-81, approving the budget and making appro-
priations for the fiscal year ending June 30, 1985, directed the manager
to prepare appropriate legislation to revise the fees and charges in-
cluded as revenue in the adopted fiscal year 1985 budget:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Section 15-12 of the Town Code is amended to read as follows:
Section 15-12. Fee for sewer connection - Within corporate limits.
Before any person connects with or discharges sewage into the sewer
system, a fee for the connection permit issued under Section 15-10 of the
Code shall be paid in amounts provided below:
•
(1) The fee for a four-inch diameter connection within : the town where
the town provides all materials, equipment and labor for installation
of a sewer connection shall be $700.00.
(2) The fee for a four-inch diameter connection within the town where
a developer or subdivider provides all materials, equipment and labor
for installation of a sewer connection shall be $50.00.
SEE ATTACHED INSERT
SECTION II. Section 15-13 of the Town Code is amended to read as follows:
Section 15-13. Same-Without corporate limits .
Before any person connects with or discharges sewage into the town
sewer system, a fee for the connection permit issued under Section 15-10
of the Code shall be paid in the amounts provided below:
(1) The fee for a four-inch diameter connection outside the town where
the town provides all materials, equipment and labor for installation
of a sewer connection shall be $700.00.
(2) The fee for a four-inch diameter connection outside the town where
a developer or subdivider provides all materials, equipment and labor
for installation of a sewer connection shall be $75.00
(3) The fee for any connection to the town sewer system larger
than four inches in diameter inside the town where the town pro-
vides all materials, equipment and labor shall be $50.00 plus the
cost of materials, equipment and labor for installation of the
sewer connection.
(4) Connection permit fees shall be paid prior to the issuance
of a zoning permit.
MINUTES OF JULY 25, 1984 MEETING.
179
(3) The fee for any connection larger than four inches in diameter
outs.idethe town where the town provides all materials, equipment and
labor shall be $75.00 plus one and one-half times the cost of materials,
equipment and labor for installation of the sewer connection.
(4) Connection permit fees shall be paid prior to issuance of a zoning
permit.
SECTION III. All prior ordinances and resolutions in conflict herewith
are repealed.
SECTION IV. This ordinance shall be in effect upon its passage.
Mayor Sevila explained that the only charges raised are thosefor a four-inch
diameter connection within or outside the corporate limits where the town pro-
vides all materials, equipment and labor for installation of a sewer connection.
Mr. Curryasked if we anticipate :any connections outside the town? Mayor Sevila
replied that, under the agreement with the County, any service outside the town
will be considered_our service_area._:Mr. Minor added_that .none. can_be approved
without the mutual agreement of both the County and the Town. There is no ques-
tion on- fees. The ordinance was adopted by unanimous roll call vote:
•St • .Aye: Cduncilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
N Nay: None.
84-0-33 - ORDINANCE - AMENDING ARTICLE III OF CHAPTER 19 OF THE TOWN CODE REGARD-
INGm FEES.
Q
On motion of Mrs. Hill, seconded by Mr. Tolbert, the following ordinance
was proposed:
WHEREAS, Resolution Number 84-81, approving the budget and making ap-
propriations for the fiscal year ending June 30, 1985, directed the
manager to prepare appropriate legislation to revise the fees and
charges included as revenue in the adopted fiscal year 1985 budget:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as. follows:
SECTION I. Section 19-21 of the Town Code is amended to read as follows:
Section 19-21. Connection fee - Within corporate limits.
Before any person connects with or withdraws water from the town
water system, a fee for the connection permit issued under Section 19-19
of the Code shall be in amounts provided below:
(1) The fee for a three-quarter-inch diameter connection within the
town where the town provides all materials, equipment and labor for
installation of a water connection shall be $700.00.
(2) The fee for a three-quarter inch diameter connection within the
town where a developer or subdivider provides all materials except •
the meter, meter box, lid and setting, all equipment and labor for .
installation of a water connection shall be $150.00.
(3) The fee for any connection larger than three-quarter-inch diameter
inside the town where the town provides all materials, equipment and
-labor shall be $50.00 plus the cost of all materials, equipment and
111labor for installation of the water connection.
(4) Connection permit fees shall be paid:priod -to..the issuance of a
zoning permit.
SECTION II. . Section 19-22 of .the Town Code is amended to read as fol-
lows:
Section 19-22._ Same_-Without corporate limits.
.Before any person connects with or withdraws water from the town
water system,, a fee for the connection permit issued under Section
19-19 of the Code shall be paid in amounts provided below:
1 p O MINUTES OF JULY 25, 1984 MEETING.
O (1) The fee for a three-quarter-indidiameter connection outside the
town where the town provides all materials, equipment and labor for
installation of a water connection shall be $700.00.
(2) The fee for a three-quarter-inch diameter connection outside the
town where a developer or subdivider provides all materials except the
meter box, lid and setting, all equipment and labor for installation
of a water connection shall be $225.00.
(3) The fee for any connection larger than three-quarter-inch diameter
outside the town where the town provides all materials, equipment and
labor shall be $75.00 plus one and one-half times the cost of materials,
equipment and labor for installation of the water connection.
(4) Connection permit fees shall be paid prior to the issuance of a
zoning permit.
SECTION III. Section 19-44 of the Town Code is amended to read as fol-
lows:
Section 19-44. Service charge for new accounts.
A service charge of $10.00 shall be made for all new water accounts.
SECTION IV. All prior ordinances and resolutions in conflict herewith .
are repealed.
SECTION V. This ordinance shall be in effect upon its passage.
Mayor Sevila explained that this ordinance.. proposes fees for. three-quarter-
inch diameter connections both inside and outside the town water system
shall be $700.00 and that there shall be a $10.00 service charge for all new
water accounts. The ordinance was unanimously adopted by roll call vote:
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
84-0-34 - ORDINANCE - AMENDING ARTICLE I, CHAPTER 16 OF THE TOWN CODE REGARDING
FEES.
On motion of Mrs. Hill, seconded by Mr. Tolbert, the following ordinance
was proposed and unanimously adopted:
WHEREAS, Resolution Number 84-81, approving the budget and making ap-
propriations for the fiscal year ending June 30, 1985, directed the
manager to prepare appropriate legislation to revise the fees and
charges included as revenue in the adopted fiscal year 1985 budget:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Vir-
ginia as follows:
SECTION I. Section 16-4 of the Town Code is amended to read as
follows:
Section 16-4. Permit, inspection fee and guarantee fee for work on,
in or under right-of-way.
(a) No work of any nature which involves a disturbance of the
right-of-way or interferes with its free or unencumbered use
shall be performed on, in or under the right-of-way or any
street within the town, until a permit is first obtained from
the town manager on forms which show compliance with those speci-
fications and requirements set forth in the manual of permits
duly adopted by the council and a performance bond is posted in
the amount of the estimated cost of construction, as determined
by the town manager.
(b) The inspection fee set forth in the permit manual shall be
$30.00 on each permit except when the inspection requires overtime
wages. In such instances the permit holder shall reimburse the
town for the overtime wages paid to the inspector.
MINUTES OF JULY 25, 1984 MEETING. 1 8 1
SECTION II. All prior ordinances and resolutions in conflict here-
with
1 11
are repealed.
SECTION III. This ordinance shall be in effect upon its passage.
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
84-0-35 - ORDINANCE - AMENDING SECTION 10-150 OF THE TOWN CODE REGARDING PRO-
HIBITED PARKING.
On motion of Mrs . Hill, seconded by Mr. Williams, the following ordinance
was proposed:
WHEREAS, in the interest of public health, safety and welfare, the Coun-
cil may from time to time seek to regulate on-street parking within resi-
dential developments in order to increase the number of available spaces.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Section 10-150 of the Town Code is amended to read as follows:
N Section 10-150. Parking prohibited in specific places.
W
(a) No person shall park a vehicle or permit it to stand, whether at-
Q tended or unattended, except in compliance with the directions of a
police officer or traffic-control device, in any of the following places:
(1) On a sidewalk;
(2) In front of a public or private driveway;
(3) Within an intersection;
(4) . Within 15 feet of a fire hydrant;
(5) On a crosswalk;
(6) Within 20 feet of a crosswalk at an intersection;
(7) Within 30 feet upon the approach to any flashing beacon;
stop sign or traffic control signal located at the side
of a roadway;
(8) Between a safety zone and the adjacent curb or within 30
feet of points on the curb immediately opposite the ends
of a safety zone, unless a different length is indicated
by the official signs or markings;
(9) Within 50 feet of the nearest rail of a railroad grade
crossing;
(10) Within a parking space reserved by appropriate sign for the
handicapped on public property or at privately owned shop-
ping centers and business offices, unless such vehicle dis-_
plays the official handicapped motorist license plate or
card;
(11) Within 20 feet of the driveway entrance to any fire or res-
cue station and on the side of a street opposite the entrance
to any fire or rescue station or within 75 feet of the en-
trance when properly sign-posted;
(12) Alongside or opposite any street excavation or obstruction
when such parking would obstruct traffic;
(13) On the roadway side of any vehicle parked at the edge of
curb of a street;
(14) Upon.anybridge or other elevated structure upon a street
or highway, or within a tunnel;
(15) At any place where official signs prohibit parking;
(16) Alongside any section or portion of a curb which is painted
yellow;
182 MINUTES OF JULY 25, 1984 MEETING.
(17) Across or on any line or marking painted on the street
by the town to designate a vehicular parking space.
SECTION II. All prior ordinances and resolutions in conflict here-
with are repealed.
SECTION III. This ordinance shall be in effect upon its passage.
This question was raised in connection with a request from residents in Crest-
wood to mark parking spaces with a small "t" at the outside of each parking
area. A question arose as to whether or not the town would enforce it: The
opinion was expressed that, if it is a part of the parking ordinance, the
town police_will_enforce it: Mr. Minor explained that you must park within
the assigned space - even though you put money in the meter, if your tire is
over the line, you are still in violation. The ordinance was unanimously
adopted:
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
PROPOSED RESOLUTION DIRECTING MARKING OF PARKING LINES ON THROUGH COLLECTOR
STREETS WITHIN THE CRESTWOOD HAMLET SUBDIVISION.
On motion of Mrs. Hill, seconded by Mr. Tolbert, a resolution directing
marking of parking lines on through collector streets within the Crestwood
Hamlet Subdivision was proposed. After discussion, the motion was withdrawn
and on motion of Mrs. Hill, seconded by Mr. Kelley, Council voted unanimously
to send this matter back to the Utility and Public Works Committee:
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
84-122 - RESOLUTION - REQUESTING A PROPOSAL FROM VIRGINIA ELECTRIC & POWER
COMPANY FOR THE INSTALLATION OF STREET LIGHTS WITHIN
THE LEESBURG COUNTRY CLUB AND LEESBURG ESTATES SUBDI-
VISIONS.
ti
On motion of Mr. Tolbert, seconded by Mr. Kelley, the following resolution
was proposed and unanimously adopted:
WHEREAS, residential street lights are a tax supported public service
made available to all residential developments along public streets
within the town; and
WHEREAS, a survey conducted by the town indicates more than 60% of the
residents of Country Club and Leesburg Estates support the installation
of street lights; and
WHEREAS, the installation of street lights enhances the public safety,
security and the safe flow of traffic within these developments, thus
reducing the town's expenditures in the future for these services:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorized and directed to solicit a pro-
posal from the Virginia Electric and Power Company for the installa-
tion of 25 5,000 lumen colonial fixture residential street lights
within the Leesburg Country Club and Leesburg Estates subdivisions
based on the lighting configuration contained in a memorandum to the
Council dated July 11, 1984.
SECTION II. The manager is authorized and directed to send corres-
pondence to all residents of the subdivisions describing the Council's
approved lighting plan and the results of the recent survey.
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
MINUTES OF JULY 25, 1984 MEETING.
183
84-123 - RESOLUTION - ESTABLISHING TOWN MANAGER APPLICATION REVIEW COMMITTEE.
On motion of Mr. Williams, seconded by Mrs. Hill, the following resolu-
tion was proposed:
WHEREAS, the Town of Leesburg is accepting applications for the position
of Town Manager:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
A committee to be known as the Town Manager Application Review Committee
is established, with the following persons to serve on this committee:
Charles A. Bos Robert E. Sevila
Brian T. Kelley Charles J. Williams
The deadline for receipt of applications is August 31st. Mayor Sevila will call
a meeting of the committee after all applications have been received. The reso-
lution was unanimously adopted:
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
84-124 - RESOLUTION - AUTHORIZING THE SALE OF SURPLUS VEHICLES AND EQUIPMENT AND
CO
SETTING THE FEE FOR THE SALE OF OLD STREET SIGNS.
Q On motion of Mrs. Hill, seconded by Mr. Williams, the following resolution
was proposed: •
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The acting manager is authorized and directed to sell by
public auction on August 28, 1984 certain equipment and surplus prop-
' erty described in a memorandum to the Council dated July 13, -1984.
SECTION II. The acting manager is authorized and directed to make
available for sale on a first come first served basis surplus street
signs effective 9:00 a.m. on Thursday, August 2, 1984, at $5.00
apiece, whether in good shape or in bad shape, to be made available
to the general public through the Finance Department.
SECTION III. The acting manager shall publish appropriate notices
of the above items available in the August 2, 1984 issue of the
Loudoun Times-Mirror.
Mr. Minor asked that the 1980 Plymouth, the 1981 Plymouth and the 1978 Ford
LTD be included in the list to be sold - this was agreeable with everyone.
The resolution was unanimously adopted:
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
84-125 - RESOLUTION - APPOINTING JERRY PELKEY TO THE LEESBURG PLANNING COMMISSION.
On motion of Mrs. Hill, seconded by Mr. Kelley, the following resolution
was proposed:
WHEREAS, this Council has accepted with regret the resignation of
Katherine Curry as Planning Commission member effective July 1, 1984:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Jerry Pelkey is appointed to the Leesburg Planning Commission for a term
ending December 31, 1984.
Mayor Sevila congratulated Mr. Pelkey, saying that this is one of the most im-
portant appointments made by the Council. The resolution was unanimously adopted:
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
184 MINUTES OF JULY 25, 1984 MEETING.
84-126 - RESOLUTION - AWARDING A CONTRACT FOR PETROLEUM PRODUCTS.
On motion of Mrs. Hill, seconded by Mr. Williams, the following resolu-
tion was proposed and unanimously adopted:
WHEREAS, formal competitive bids were accepted from various petroleum
products; and
WHEREAS, Piedmont Petroleum Company submitted the lowest and best bid:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager shall enter into a contract with Piedmont Petroleum Com-
pany at prices initially to be as follows:
-Product Bid Price
Regular Gas 0.8075
Unleaded Gas 0.8330
Diesel 0.8360
Fuel Oil 9.8360
Aye: Councilmembers Curry, Hill, Kelley, Tolbert,=Williamsand.Mayor
Sevila.,
Nay: None.
84-127 - RESOLUTION - AUTHORIZING PURCHASE OF POLICE RADIO REPEATER SYSTEMS
AND MAKING APPROPRIATION FOR FISCAL YEAR 1985.
On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolu-
tion was proposed and unanimously adopted:
WHEREAS, sole source procurement of radio. repeaters from Motorola,
Inc. is found to be in the best interest of the town:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager shall purchase six radio repeater systems at a
cost not to exceed $2,500 each.
SECTION II. An appropriation is made from the General Fund, unappro-
priated fund balance, to Account No. 3101.702, Portable Radios, in
the amount of $15,000 for fiscal year 1985.
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams: and
Mayor Sevila.
Nay: None.
84-128 - RESOLUTION - MAKING AN APPROPRIATION FOR A MOWER.
On motion of Mr. Tolbert, seconded by Mr. Kelley, the following resolu-
tion was proposed and unanimously adopted:
WHEREAS, bids were requested for the purchase of a rear-mounted hy-
draulic ditchbank mower to replace a sickle bar mower; and
WHEREAS, the lowest and best bid was by Whitmore and Arnold, Inc. :
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Acting Manager shall purchase a hydraulic ditchbank
mower from Whitmore and Arnold for a price not to exceed $4,525.00.
SECTION II. An appropriation is made from the General Fund to Ac-
count Number 4102.707 in the amount of $4,525.00 for fiscal year 1985.
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
MINUTES OF JULY 25, 1984 MEETING.
185
84-129 - RESOLUTION - AUTHORIZING AGREEMENTS FOR EMPLOYEE GROUP INSURANCE.
On motion of Mrs. Hill, seconded by Mr. Williams, the following resolution
was proposed:
WHEREAS, due to time constraints and staff changes a sole source pro-
curement of group life, health and disability is determined to be in
the best interest of the town:
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall enter into insurance agreements with
Maccabees for term life insurance, and disability income and Blue
Cross/Blue Shield of Southwest Virginia for health insurance for
employee group insurance as follows:
(a) $10,000 life, accidental death and dismemberment policy for all
full-time employees at a monthly premium of $0.40 per $1,000
coverage, with the town paying all costs for the insurance.
(b) Disability income insurance for accident and illness of all full-
time employees providing a two-year 60 percent indemnity of the
employee's average monthly salary, with a 30-day benefit elimina-
N tion period at a premium of $1.45 per $100 payroll, with the town
N paying all the costs for the insurance.
(c) Basic and major medical health insurance for all full=time em-
ployees
as described in a proposal from Blue Cross/Blue Shield
with the town paying the costs for the employee's coverage at
revised premium rates, effective September 1, 1984.
Individual employee $ 66.86 per month
Employee and spouse only 130.52 "
Employee and family 130.52 "
Employee and one dependent child 100.30 "
SECTION II. This resolution shall be effective September 1, 1984.
Mrs. Hill asked how long it would take to get competitive bids? Mr. Taylor
said it would take a week to finish the RFP's and we have to notify the car-
rier by August 15th. If the first meeting in August had not been cancelled
it could have been squeezed in. - .
Mr. Minor said it would take Don only a
week to do this, but he won't be here - based on our staff contraints and
other priorities, we would not be able to give the kind of attention to it
that it would need. He believed the quotation we have received is a very
good one. Mrs. Hill suggested that we do this in plenty of time when it
comes up again. The resolution was unanimously adopted:
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
84-130 - RESOLUTION - REQUESTING TRANSFER OF ROUTES IN THE PRIMARY AND SECONDARY
SYSTEM OF STATE HIGHWAYS FROM THE VIRGINIA.DEPARTMENT OF
HIGHWAYS AND TRANSPORTATION TO THE TOWN.
On motion of Mr. Tolbert, seconded by Mr. Kelley, the following resolution
was proposed and unanimously adopted:
WHEREAS, the January 1, 1984 annexation of 7.5 square miles of terri-
tory to the town includes the primary and secondary system of state
highways; and
WHEREAS, the town assumed responsibility for maintenance of certain
routes formerly in the primary and secondary system of state highways -
as a result of annexation; and
WHEREAS, certain calculations and road designations originally fur-
nished by Virginia Department of Highways and Transportation were in
error and in need of revision:
e MINUTES OF JULY 25, 1984 MEETING.
O 18
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Virginia Department of Highways and Transportation is
requested to transfer the following routes from the State Primary Sys-
,
tem of Highways to the Town of Leesburg in Virginia:
Route From To Length in Miles
15 Route 650 SCL Leesburg 1.35
15 Route 7 1.94 Mi N Rte 7 1.94
15 Bus NCL Leesburg Route 837 0.61
TOTAL 3.90
SECTION II. The Virginia Department of Highways and Transportation is
requested to transfer the following routes from the Secondary System of
State Highways of Loudoun County to the Town of Leesburg in Virginia:
Route From To Length: in Miles
621 Route 15 New SCL Leesburg 1.00
643 Route 15 Bypass New SCL Leesburg 1.60
•
654 Route 7 Route 15 • 3.20
698 C.L. Leesburg New C.L. Leesburg 0.20 •
773 N Route 15 Bypass New ECL Leesburg 0.60
773 S Route 15 Bypass New ECL Leesburg 0.90
874 Route 7 Cul-de-sac 0.25
1024 Route 621 Dead End 0.20
1025 Route 1027 Route 1028 0.25
1026 Route 15 Route 1028 0.45
1027 Route 1026 Cul-de-sac 0.20
1028 Route 15 .09 M N.W. Route 1031 0.55
1029 Route 1028 Cul-de-sac 0.05
1030 Route 1028 Cul-de-sac 0.11
1031 Route 1028 Cul-de-sac 0.32
1032 Route 1028 Route 1033 0.36
1033 Route 1032 Cul-de-sac 0.09
1034 Route 1032 Cul-de-sac 0.03
1035 Route 1031 Cul-de-sac 0.04
TOTAL 10.40
SECTION III. The manager shall make all necessary reports and requests
to the Virginia Department of Highways and Transportation to complete
transfer of the above-described routes to the Town.
SECTION IV. Council Resolution #84-2 is repealed.
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
Mayor Sevila reported that he had a discussion with Memory Porter, the
County Liaison Officer with the State Legislature, who informed him that there
might be some curtailment of appropriations from the State Highway Department
under the JLARC_'_ Report. He asked Mr. Minor to pursue this and make a report
to councilmembers and then put it on a Council agenda.
Mayor Sevila asked Mr. Williams to assume the Chair for the next item
since he has a conflict of interest.
84-131 - RESOLUTION - RELEASING A PERFORMANCE GUARANTEE AND APPROVING A MAINTE-
NANCE BOND FOR CEDAR WALK SUBDIVISION.
On motion of Mr. Tolbert, seconded by Mrs. Hill, the following resolution
was proposed and adopted by a vote of 5 to 1 abstention:
WHEREAS, the developer of Cedar Walk Subdivision has completed public
improvements in accordance with town standards and these have been in-.
spected and approved by the town and the as-built drawings have been
submitted and approved; and
11
MINUTES OF JULY 25, 1984 MEETING.
4 187
WHEREAS, certain landscaping, valued at approximately $2500, at the
entrance of Cedar Walk Subdivision was to be installed by the de-
veloper but this work has not yet been completed:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
' as follows:
SECTION I. The Fidelity and Deposit Company of Maryland sureby bond in
the amount of $99,354 is released and Fidelity and Deposit Company of
Maryland maintenance bond 119778049 in the amount of $25,580 is approved.
SECTION II. The public improvements for Cedar Walk Subdivision are ac-
cepted for public use by the town.
SECTION III. An escrow account in the amount of $2500 to be deposited
by Cedar Walk Inc. is approved to guarantee installation of landscaping,
such funds to be released upon inspection of the landscaping by the Di-
rector of Engineering.
Aye: Councilmembers Curry, Hill, Kelley, Tolbert and Mayor Pro-Tem
Williams.
Nay: None.
Cr Abstention: Mayor Sevila.
N
N Mayor Sevila resumed the Chair.
m On motion of Mr. Tolbert, seconded by Mr. Kelley, the meeting was adjourned
at 9 :35 p.m.
Q
Mayor
p
Clerk of th/ Council
1