HomeMy Public PortalAbout1984_08_22 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, AUGUST 22, 1984 189
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 West Loudoun Street, Leesburg, Virginia on August 22, 1984 at
7:30 p.m. The meeting was called to order by the Mayor, with the invocation
given by Mr. Tolbert, followed by the Salute 'to the flag led by Councilmember
Williams. Present were: Mayor Robert E. Sevila, Councilmembers: Charles A.
1 Bos, Arl Curry, Marylou Hill, Brian Kelley, John W. Tolbert, Jr. and
1 Charles Williams. Also present for this meeting were: Acting Town Manager
Jeffrey H. Minor, Assistant Manager for Planning and Development Marc Weiss and
Town Attorney, George Martin.
On motion of Mr. Tolbert, seconded by Mrs. Hill, the Council voted
unanimously to approved the minutes of April 25, 1984 as presented.
PETITIONERS:
Mr. Richard Herndon, owner and operator of the Village Bakery and American
Caterers in Leesburg, who is moving his business from 140 South Catoctin Circle
to 5 Harrison Street, S.E. , addressed the Council regarding problems encountered
in moving to his new address. The first problem he addressed was regarding
storm water problems at the new location coming from 107 East Market Street.
Mr. Herndon distributed a copy of a letter addressed to Mr. Joe Ritenour itemizing
steps needed to be taken at Mr. Ritenour' snew building constructed at the site.
Mr. Herndon stated that all of the storm drainage from the property at 107 East
N Market Street and parking lot is being dumped along the side of Mr. Echols'
w building. He stated that counsel with engineers has revealed that the wall that
CO divides the' two properties will crumble very rapidly if this problem is not
Q solved. He also had pictures to show the problem and these were passed to the
council. Mr. Herndon stated that the solution to the problem will involve the
owner of his new property, Mr. Ritenour and the Town of Leesburg. He stated that
there is also considerable runoff from Church Street to the rear, because his
building sits lower' than Church Street. T1ier'e is no storm drainage available
except in the Times—Mirror parking lot. Mr. Herndon stated that he was on a
very tight time schedule for moving to this site and asked that this matter be
looked into for an early solution.
Mr. Herndon also stated that he is also questioning the $3544.73 in -avail—
ability fees that he is to be charged prior to occupancy of his building. He
further stated that he feels there are discrepancies in the way this figure was
determined. He asked for consideration of this matter--that he be allowed to
operate for a period of 12 months to see if his actual usage is the same as that
estimated in figuring his fees. Mr. Herndon' s contention is that his new opera—
tion will not substantially increase his usage.
Mr. Minor reported that Mr. Martin has been asked to review the civil and
criminal penalties for violation of the site plan requirements. He stated that
there are at least two storm drainage structures that are not in place as called
for in the plan. He also reported that staff has been trying to arrange a
meeting for tomorrow morning with all interested parties, however, Mr. Ritenour
has not been available.
Mr. Echols stated that he had been working with staff on this problem. He
stated that when he finally was able to make contact with Mr. Ritenour, Mr.
Ritenour stated that he did not have anything to do with it, that he only owned
the one remaining unit and he would be filling it soon and it was out of his
hands'. Mr. Echols stated that he talked with the builder, Mr. Stowers, and
Dave Bowers, and his information is that Mr. Ritenour had very specifically been
informed what was required. Mr. Echols stated that perhaps the town should con—
sider requiring that site plans be completed prior to occupancy.
Mayor Sevila stated that Mr. Minor and staff should pursue this matter and
report to Council. In the matter of the availability fees appeal, a 'full ieport
should be prepared by next week and the matter referred to the appropriate
committee.
Ed Leonard , resident of 1207 Bradfield Drive, S.W. Mr. Leonard addressed
council with regard to the street lights. He cited various problems regarding
vandalism and stated that he definitely felt that safety and security will be
improved by the installation of street lights.
190 MINUTES OF AUGUST 22, 1984 MEETING.
Mr. Barkley, 302 Nickels Drive, also addressed council in favor of the
street light installation for safety and security.
Mayor Sevila stated that he had received a letter from the Barkley's and
read it into the record.
Mr. Falkenstein, 1209 Bradfield Drive, also stated that he is in favor
of street lights. He stated that he felt the installation of street lights
would ease police patrolling. He stated that the installation of street
lights was a selling point for annexation.
Mr. Minor reported that during the day he had received a call from a Mr.
McClanahan of 1104 Nickels to be registered in support of the original street
lighting plan. Also, Mayor Sevila asked that the letter from Charlotte Bradley
of 301 Babson Circle in support of the street light installation be' included in
the record.
CERTIFICATES OF APPRECIATION
Mayor Sevila then asked the representative of the Leesburg Volunteer
Fire Company and Loudoun County Volunteer Rescue Squad to come forward.
Certificates of appreciation were given to both groups for their outstanding
work during the potentially dangerous fire at the gas tanks on Catoctin
Circle on July 13th. Mayor Sevila cited both service groups for their
service during this extreme emergency, stating how fortunate the town is to
have these fine volunteers who did help avert a major disaster. Mr. Teiry
Frye and Ron Nichols were present to receive the award for the fire company
and John Webb and Joyce Caviness were present representing the rescue squad.
"Certificate of Appreciation to the Leesburg Volunteer Fire Department
for heroic effort in extinguishing major fuel storage tank fire on
July 13th, 1984. In appreciation for your contribution for the
betterment of the Town of Leesburg."
'.'Certificate of Appreciation to the Loudoun County Volunteer Rescue
Squad, Inc. for lifesaving efforts during major fuel storage tank
fire on' July 13th, 1984. In appreciation for your contribution for
the betterment of the Town of Leesburg. "
The third Certificate of Appreciation was given to Andrew G. Shope "for
seven and one-half years as Director of Engineering, 1977-1984. "
The Mayor then read a proclamation for National Respiratory Therapy Week.
August 26 through September 1 , 1984. Mr. E. B. Baldwin, the Director of the
Department of Respiratory Therapy and Dale Myers, supervisor of the
department, were present to receive the proclamation:
"National Respiratory Therapy Week.
WHEREAS, lung disease constitutes an important health problem in the
United States, and
WHEREAS, the timely initiation of appropriate therapy can slow its
progress, relieve its symptoms, reduce the extent of permanent lung ,
damage and avert or delay the onset of life-threatening complications,
and
WHEREAS, the Town of Leesburg recognizes that Respiratory Therapy can
take many forms between the administration of life supporting oxygen
and other drugs for rehabilitation of damaged lungs diagnosis .of
lung disorders as well as the education of patients about their
health problem, and
WHEREAS, the proper recognition of the important work of the Respiratory
Therapy practitioners will help encourage and stimulate early detection
and proper treatment for prevention and' greater understanding of lung
disease,
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191
I MINUTES OF AUGUST 22, 1984 MEETING
NOW, THEREFORE, I, Robert E. Sevila, Mayor of Leesburg, hereby proclaim
I the week of August 26 through September 1, 1981, National Respiratory
Therapy Week.
Mayor Sevila reported how very outstanding the new fully staffed and equipped
department is and congratulated the representatives on their fine performance.
Mr. Tom Nalls, Chairman, Economic Development Advisory Committee. He
stated that he had been serving on the committee since its beginning in 1982.
Stated that his purpose in addressing the Council was to bring them up to date
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on their activities. He related that the committee had developed an economic
development strategy that needs to be looked up and updated. frequently. ' In `
doing the strategy there were three major issues to be addressed: (1) the
East Market Street Corridor--there is now an annual phased development for
that plan; (2) Announcement for public and private cooperative ventures--
the committee looked at the processes, this will be an ongoing process. .
(3) The third objectives was to recognize the need for promotion for the town.
The committee has developed a community data profile to be used in marketing
Leesburg. They conducted an existing businesssurvey with a 50 percent response.
The purpose of the survey was to solicit problems in. the business sector.
Cr The committee also developed a tourism brochure. The most ambitious project
for the commitee has been the Virginia Community Certification Program
sponsored by the Virginia Division of Industrial Development. This is a program
N designed to encourage localities to place themselves in a posture so that they
W can attract business. He cited several requirements for this program. The
CO committee is working in all of the areas of the program and• stated that the
a particular interest is the local visitation team that has been initiated.
A team of four go to various businesses with a questionnaire and spend an hour
talking to them--what they do, what facilities they use, are their needs being
met, what are the deficiencies, what is their experience in dealing with the town.
The advantages of this program are that the town is prepared to meet with
interested developers when they come here. He ended his presentation asking
the council to communicate directions to the committee.
Councilmember Bos expressed his appreciation to the committee for their
efforts.
Mr. Burke McCahill, Chairman, Enviornmental Advisory Commission, formed in
October, 1983. Mr. McCahill referred the council to a written report forwarded
to the Council. He stated that he was petitioning the council for $50 to have
printed certificates for the awards subcommittee. The certificates'are nto be
formatted similar to the certificates given by the Council tonight. He also
called Council ' s attention to the •report of the subcommittee of the commission
regarding fence regulations. The third request for this commission is for
Council to consider that Leesburg become a "Tree City, U.S.A." He cited four
standards required, 1. Town must have a legally constituted tree body, 2.
Adopt a city tree ordinance, 3. A comprehensive community forestry program has
to be implemented, and 4. Have an arbor day observance. Mr. McCahill distri—
_buted a brochure outlining Tree City, U.S.A. to be copied out to Council. The
final request from the commission is that the town advertise for volunteers for
litter control--permission to advertise, perhaps in the Lamplighter. '
Mr. Tolbert, president of Keep Loudoun Beautiful, invited Mr. McCahill to
attend their next meeting the first Wednesday of September.
Mr. Bos questioned Mr. McCahill regarding Jan Shepard being named to the
Commission. Mr. McCahill stated that this was true and apologized for not
having presented the matter to council.
Mayor Sevila stated his gratitude for the two outstanding reports from
the committees. He stated that this level of participation is what makes
government work.
.
Mr. Willilam L. Matheson, Attorney for Yeonas Corporation working on an
arrangement for the development for Country Club, Sec. IV addressed the Council.
He stated the complexity of this development and advised the Council ofitheir
intentions to develop Phases II, III and IV of Section IV. Mr. Matheson dis—
cussed the issue of the bonding for public improvements. He stated that their
plans were to build homes retailing in the $100,000 to $115,000 range. There
were other representatives of Yeonas present for the meeting.
in
1 9 2 MINUTES OF AUGUST 22, 1984 MEETING
Mayor Sevila stated that further investigation is necessary before Council
can proceed on this matter. He asked Mr. Minor to continue to work on this
matter and refer it to the appropriate council committee.
Mayor Sevila then declared a short recess before continuing with the
evening' s agenda. The meeting reconvened at 9:45 p.m.
COUNCILMEMBER COMMENTS:
Mr. Bos congratulated the Restoration and Preservation Society, for 'another
very successful August Court Days. Mr. Bos made a few observations about his
recent visit to Santa Fe, New Mexico that has managed to sustain rapid growth in
good order.
Mr. Williams commended town employees for their performance during the
recent flooding. He felt that some employees should be singled out for
recognition. He commended Mr. Minor for his excellent presentation at the
recent Airport Commission meeting in Norfolk.
Mr. Hill reported that she recently had several calls regarding dogs
running at large in Prospect Hills, downtown and Country Club.
Mr. Curry reported on recent planning commission action and stated that
he had several calls from County Club regarding street lights.
Mr. Tolbert asked that a resolution of respect be prepared for Lester
Cole' s family for this 13 years service with the town.
MAYOR' S REPORT:
Mayor Sevila also remarked as to the resounding success of the recent August
Court Days and praised the Restoration and Preservation Society for their ex-
cellent job. Mayor Sevila remarked on the positive effects to the community of
having Balls Bluff designated as a historic landmark.
Mr. Bos reminded the Mayor that the Board of Architectural Review appoint-
ments need to be made.
MANAGER' S REPORT:
Mr. Minor reported that the Exeter Concept Plan had been received today.
On motion of Mrs. Hill, seconded by Mr. Williams the following ordinances
and resolutions were proposed and unanimously adopted as consent items:
84-0-36 - ORDINANCE - AMENDING ARTICLE IV, SUBDIVISION AND LAND DEVELOPMENT,
CHAPTER 13, OF THE TOWN CODE TO REVISE REGULATIONS
APPLICABLE TO CLUSTER SUBDIVISIONS
WHEREAS, proposed amendments to Article IV, Subdivision and Land Develop-
ment, Chapter 13, of the Town Code to revise regulations applicable
to cluster subdivisions were initiated by the Council on February 15,
1984; and
WHEREAS, a joint public hearing of Council and Planning Commission on the
proposed amendments was advertised and held pursuant to Section 15. 1-431
of the Code of Virginia, as amended; and
WHEREAS, the Planning Commission considered amendments to the Subdivision
and Land Development Regulations regarding cluster subdivisions; and
WHEREAS, This Council finds that such revised regulations are required
by the public necessity, convenience and general welfare;
THEREFORE , ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Sections 13-57 and 13-59 of Article IV, Subdivision and
Land Development, Chapter 13, of the Town Code are amended to read as
follows:
MINUTES OF AUGUST 22, 1984 MEETING 193
Sec. 13-57. Approval of preliminary subdivision plat.
1
(a) The Director of Engineering shall review the application and pre-
' liminary plat of the proposed subdivision. One copy each of the plat
shall be delivered to the: Zoning Administrator, Director of Community
Development, Loudoun County Director of Health, Loudoun County
Superintendent of Schools, Loudoun Soil and Water Conservation District,
Loudoun County Engineer, Leesburg Board of Architectural Review (when
applicable) and the Leesburg Fire Marshal. The Director shall report in
writing corrections or additions deemed necessary by him and other offi-
cials or agencies interested in the applicationto the Commission and to
the applicant prior to the Commission' s first consideration of the appli-
cation. The Commission shall act to approve, conditionally approve or
disapprove the application and preliminary plat within 45 days from the
date the application was first considered.
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(b) Approval of an application and preliminary plat shall, be valid
for one year from the date of Commission action and may be extended by the
Commission upon application. The Commission may grant conditional appro-
val of an application and preliminary plat if corrections or additions to
the application or plat are needed and the applicant agrees to make the
corrections or additionsrequired by the Commission. Conditionally
approved applications and plats are validfor one year from the date the
applicant submits the required number of documents to the Director of
Engineering with all corrections or additions made. The Director of
CO Engineering shall return to the applicant one copy each of the Commission
approved application and preliminary plat within 14 days of approval.
(c) The Director of Engineering shall return to the applicant one
copy each of an application and preliminary plat which has been disapproved
by the Commission noted with .the reasons .for • the disapproval and non-
conformance with this Article. The applicant shall be advised of the date
for second or subsequent consideration by. the Commission and shall submit
additions or corrections to the application and plat to the Director of
Engineering at least seven days prior to the date specified.
(d). Preliminary plat approval does not authorizeconstruction of
improvements within the subdivision or development.
(e) Notwithstanding any other provision of ,this Article to the
contrary, all. preliminary cluster subdivision plats; ,and any amendment or
time extension of such plats, shall be approved, conditionally approved or
disapproved under these regulations l the Council. The Director of
Engineering shall review preliminary, plats of cluster subdivisions and
report the results of his review to the Council which shall act to approve,
conditionally approve or disapprove the preliminary plat within 60 days.
from official submission to the Director of Engineering. . . In the event of
conditional approval or .disapproval, the proposed preliminary plat shall be
returned to the applicant with the reasons for disapproval or conditional
approval noted and the applicant shall be advised of the date for a second
or subsequent consideration la the Council.
Sec. 13.-59. Approval of final subdivision plat.
The Director of Engineering shall review the application, final plat
and construction plans of the proposed subdivision and shall report in
writing corrections or additions deemed necessary by him or other officials
or agencies interested in the application for compliance with this Article
to the Commission, Council and applicant prior,:to the Commission' s first
consideration of the application.
(a) The Commission shall act to approve, conditionally approve or
disapprove the application and final plat within 45 days from the date the
application was .first considered. .The•.Commission may grant .approval of an
application and final plat if correctionsoradditions thereto are needed
and the applicant agrees to make the corrections or additions required by
the Commission. Conditionally approved applications and final plats are
approved when she applicant submits the required number of documents to the
Director of Engineering with all corrections or additions made.
194 MINUTES OF AUGUST 22, 1984 MEETING
(b) The Director of Engineering shall act to approve or disapprove
the construction plans within 30 days from the date first submitted.
(c) The Director of Engineering shall return to the applicant one
copy each of the approved application, final plat and construction plans
within 14 days of approval.
(d) The Director of Engineering shall return to the applicant one
copy each of an application and final plat which has been disapproved by
the Commission noted with the reasons for the disapproval and non-conformance
with this Article. The applicant shall be advised of the date for a second
or subsequent consideration which shall be within 35 days of the date the
additions or corrections to the application and plat are submitted to the
Director of Engineering.
(e) Notwithstanding any other provisions of this Article to the con-
trary, all final cluster subdivision plats and any amendment or time ex-
tension of such plats, shall be approved, conditionally, approved or dis-
approved under these regulations the Council. The Director of Engineering
shall review final plats of cluster subdivisions and report the results of
his review to the Council which shall act to approve, conditionally approve
or disapprove the final plat within 60 days from official submission to the
Director of Engineering. In the event of conditional approval or disappro-
val, the proposed final plat shall be returned to the applicant with the
reasons for disapproval or conditional approval noted and the applicant
shall be advised of the date for a second or subsequent consideration l
the Council.
SECTION II. All prior ordinances in conflict herewith are repealed.
SECTION III. This ordinance shall be in effect upon its passage.
84-0-37 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE TO REVISE REGULA-
APPLICABLE TO CLUSTER DEVELOPMENTS
WHEREAS, a proposed amendment to the Leesburg Zoning Ordinance to repeal
the cluster development definition ws initiated by Council on February 15,
1984; and
WHEREAS, a joint .public hearing of Council and the Planning Commission on
the proposed amendment was advertised and held pursuant to Section 15. 1-
431 of the Code of Virginia, as amended; and
WHEREAS, the Planning Commission considered adoption of this amendment; and
WHEREAS, this Council finds that such repeal is required by the public
necessity, convenience and general welfare and good zoning practice be-
cause the definition of cluster developments is ambiguous and
contradictory;
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
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SECTION I. Section 15-1-12, Cluster Development (defined), of the
Leesburg Zoning Ordinance adopted January 9, 1974 is hereby repealed.
SECTION II. All prior Ordinances in conflict herewith are repealed.
SECTION III. This ordinance shall be in effect upon its passage.
84-132 - RESOLUTION - INITIATING AN AMENDMENT OF THE LEESBURG ZONING MAP AND
SETTING A JOINT PUBLIC HEARING
WHEREAS, the town received a $1.35 million community development block
grant for the redevelopment and revitalization of the South Harrison
•
Street neighborhood; and
WHEREAS, the town acquired the VEPCO tract in 1982 to eliminate sub-
standard commercial buildings and encourage economic development; and
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MINUTES OF AUGUST 22, 1984 MEETING 145
WHEREAS, construction of ten townhouses is an important objective of
the South Harrison Street project; and
WHEREAS, the town' s adopted policies encourage the provision of housing
opportunities within the old and historic district:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. An amendment of the Leesburg Zoning District Map is initiated
to change from "M-1", Industrial District, to "B-2", General Business
District, the 1.93 acres shown on a plat prepared. by Bengtson, DeBell,
Elkin & Titus dated April 24, 1984.
SECTION II. A joint public hearing of the Planning Commission and
Council, as authorized by Section 15. 1-431 of the Code of Virginia, as
amended, shall begin at 7:30 p.m. , or as soon thereafter as the matter
may be reached on September 12, 1984 in the Council Chambers, 10 Loudoun
Street, S.W. , Leesburg, Virginia. The clerk shall give notice of this
hearing on August 30, 1984 and September 6, 1984 and. advise the Planning
Commission of the purpose and time and date of the hearing.
SECTION II. The Planning Commission shall report its recommendation on
N the proposed amendment to the Town Council within thirty days of the
public hearing.
84-133 - RESOLUTION - ADOPTING THE 1985-1990 CAPITAL IMPROVEMENTS PROGRAM
WHEREAS, Section 15. 1-464 of the Code of Virginia, as amended, authorizes
preparation and annual review of a capital improvements program (CIP); and
WHEREAS, the Town Council adopted the first capital improvements program
on June 8, 1983; and
WHEREAS, the Planning Commission has reviewed the 1985-1990 CIP and
recommends adoption to the Council; and
WHEREAS, the CIP provides a long-term plan for the financing and
acquisition of capital facilities, projects and equipment:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The 1985-1990 Capital Improvements Program is adopted with
the following changes:
(a) Project 1.3, Staff car replacement, is moved from fiscal year 1985
to fiscal year 1987.
(b) Project 3.4, Double surface treatment of California Road, -is
moved from fiscal year 1985 to fiscal year. 1986 and reduced to
$10,000.
(c) Project 3.6, West Market Street/Loudoun Street Improvements, is
deleted.
(d) Project 3.8, Traffic Signal at Harrison Street and Catoctin Circle,
is 'moved from fiscal year 1987 to fiscal year 1986.
(e) Project 3.35, Motor Grader Replacement, is moved from fiscal year
1985 to fiscal year 1986.
(f) Project 3.310, Leafloader, is deleted.
(g) Project 6. 15, Watermain extension Virginia Knolls to Route 7, is
moved from fiscal years 1985 and 1986 to fiscal years 1986 and 1987.
(h) Project 6.23, Foxridge Subdivision Outfall, is moved from fiscal
years 1985 and 1986 to fiscal years 1986 and 1987.
This resolution shall be in effect upon its passage.
196 riINUTES OF AUGUST 22, 1984 MEETING
II 84-134 - RESOLUTION - REGARDING C & P RATE NEGOTIATIONS
WHEREAS, the Council of the Town of Leesburg, by resolution dated
December 14, 1983, authorized appropriate officials of thisjurisdiction
to pay C & P Telephone Company according to rates in effect 'on
December 1, 1983; and
WHEREAS, it appears that C & P Telephone Company has indicated its intention
to enter into good faith negotiations of telephone rates for local govern-
ments, and is presently undertaking a study to determine the cost of
serving local governments; and
WHEREAS, the Town of Leesburg wishes to offer C 5 P a sign of its Willing-
ness to commence good faith negotiations:
THEREFORE, RESOLVED by the Council 'of the Town of Leesburg in Virginia as
follows:
SECTION I. The portion of the aforesaidmentioned resolution'of this
body directing payment of rates in effect on December l; 1983' toC"6 P
Telephone Company is hereby suspended until such time as the appropriate
officials of this town are advised by the Virginia Municipal League/ '
Virginia Association of Counties Steering Committee that 'C'6 P Telephone
Company is no longer participating in good faith negotiations for
telephone rates to local governments.
SECTION II. Effective with bills rendered on or after September 1, 1984,
the Acting Town Manager is authorized to pay to C & P Telephone Company
the charges as stated on the telephone bills rendered to the Town of
Leesburg.
SECTION III. The Acting Town Manager is further directed to pay to
C & P Telephone Company, at the time of payment of bills rendered on or
after September 1, 1984, the amount that has been withheld from payment
to C & P Telephone Company pursuant to the aforesaidmentioned resolution
of this body. ' ".
SECTION IV. The Council of the Town of Leesburg requests that the
Virginia Municipal League/Virginia Association of Counties Steering
Committee negotiate fair and equitable telephone rates on behalf of
this town as soon as possible.
84-135 - RESOLUTION - AUTHORIZING THE MANAGER TO ENTER INTO A CONTRACTUAL
AGREEMENT WITH AREA PUBLIC WATER SUPPLIERS FOR TESTING
SERVICES
WHEREAS, the Virginia Department of Health now allows owners of public
water supplies to contract for routine compliance testing; and
WHEREAS, the Leesburg Potomac River Water Treatment Plant Laboratory has
been duly certified by the State of Virginia for bacteriological analysis
of drinking water:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The manager is authorized to execute a contract with area public water
suppliers under the terms and conditions set forth in the "Contract for
Testing Services. "
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84-136 - RESOLUTION - AUTHORIZING A CONTRACT WITH ANDREW G. SHOPE, P.E. , FOR
ENGINEERING CONSULTING SERVICES
WHEREAS, Andrew G. Shope has resigned his position as director of
engineering for the town effective August 10, 1984; and
WHEREAS, the town requires professional engineering assistance to
ensure an effective development review process, continuity in engineer-
ing department capital projects and studies, and an orientation program
for a new director of engineering:
MINUTES OF AUGUST 22, 1984 MEETING 197
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The acting town manager is authorized and directed to execute a letter of
agreement for professional services with Andrew G. Shope, P.E. in a form
as transmitted to the Council on August 10, 1984 and as approved by the
town attorney
84-137 - RESOLUTION - AUTHORIZING A REVISED CONCESSION AGREEMENT BETWEEN THE
TOWN OF LEESBURG AND THE CHESAPEAKE AND POTOMAC TELEPHONE
COMPANY OF VIRGINIA
I I WHEREAS, the Town of Leesburg and the Chesapeake and Potomac Telephone
Company of Virginia (C & P hereafter) entered into a concession agreement
on July 13, 1977 as part of C & P' s consideration for its franchise
awarded by the town; and
WHEREAS, under the AT&T divestiture, C & P no longer owns the actual
telephone sets which are discounted under the aforesaidmentioned con-
cession agreement; and
WHEREAS, C & P and the Town of Leesburg desire to amend the concession
agreement to provide a call waiting and touchtone service which has a
N present monthly value of $107.02 and exceeds the value of the current
concession;
CO THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
Q as follows:
The Mayor shall execute, on behalf of the Town, the concession agreement
by and between the Town and C & P, being the same as submitted to the
Council on August 17, 1984.
84-138 - RESOLUTION - AUTHORIZING THE MANAGER IN MATTERS PERTAINING TO APPLICA-
TION AND EXHIBITS RELATING TO FINANCIAL ASSISTANCE FOR
11 THE DESIGN AND/OR CONSTRUCTION OF WASTEWATER SYSTEM
I IMPROVEMENTS
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Jeffrey H. Minor, Acting Town Manager, is hereby designated to represent
the Town of Leesburg, Virginia in matters relating to the United States
Environmental Protection Agency grant for wastewater facilities improve-
ments.
84-139 - RESOLUTION - APPOINTING A DEPUTY ZONING ADMINISTRATOR
WHEREAS, Section 7A-1 of the Charter authorizes appointment of deputy
zoning administrators; and
WHEREAS, efficient zoning ordinance administration requires appointment
of deputy zoning administrators to act in the absence of the zoning
administrator:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The land development planner is appointed a deputy zoning administrator
to act in the absence of the zoning administrator..
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams
and Mayor Sevila
Nay: None
The next item on the agenda was an ordinance amending the Section 15-14(f)
of the Town Code regarding availability fees for two-bedroom dwellings. The
Council considered this ordinance and prior to moving the resolution they re-
worked the wording for this ordinance because of concerns that saying a 2-
bedroom with den is too restrictive. On motion of Councilmember Hill, seconded
by Councilmember Bos the following two ordinances were proposed:.
198 MINUTES OF AUGUST 22, 1984 MEETING
84-0-38 - ORDINANCE - AMENDING SECTION 15-14(f) OF THE TOWN CODE REGARDING
AVAILABILITY FEES FOR TWO-BEDROOM DWELLINGS
WHEREAS, the conversion of a two-bedroom dwellings to three-bedroom
dwellings activates additional availability fees for homeowners; and
WHEREAS, the developers of dwellings, should be assessed the full
three-bedroom availability fee:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Section 15-14(f) of Chapter 15 of the Town Code is amended
to read as follows:
Section 15-14 Availability Charge for Sewer Service.
(f) Sewer service availability fees for residential uses shall be as
follows:
Discharge Facility Fee
One-bedroom dwelling, each $1,155.00
Two-bedroom multi-family dwelling or . townhouse without
basement, each $1,452.00
Three- or more bedroom dwelling, two-bedroom dwelling
with den or other room capable of being converted
to a bedroom, or two-bedroom single-family detached •
dwelling, each $1,750.00
Mobile home, each $1,452.00
SECTION I. All prior ordinances in conflict herewith are repealed.
SECTION III. This ordinance shall be in effect upon its passage.
84-0-39 - ORDINANCE - AMENDING SECTION 19-23(f) OF THE TOWN CODE REGARDING THE
AVAILABILITY FEE FOR TWO BEEDROOM DWELLINGS
WHEREAS, the conversion of two-bedroom dwellings to three-bedroom
dwellings activates additional availability fees for homeowners; and
WHEREAS, the developers of dwelling units with the capacity for three
or more bedrooms, not the purchaser of the dwelling, should be assessed
the full three-bedroom availability fee:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in 'Virginia as
follows:
SECTION I. Section 19-23(f) of Chapter 19 of the Town Code is amended
to read as follows:
Section 19-23 Availability Charges for Water and Sewer.
(f) Water system availabiity fees for residential uses shall .be as
follows:
Use Fee
One-bedroom dwelling, each $1, 155.00
Two-bedroom multi-family dwelling or townhouse without
basement, each $1,452.00
Three- or more bedroom dwelling, two-bedroom dwelling
with den or other room capable of being converted
to a bedroom, or two-bedroom single-family detached
dwelling, each $1,750.00
Mobile home, each $1,452.00
SECTION I. All prior ordinances in conflict herewith are .repealed.
SECTION III. This ordinance shall be in effect upon its passage.
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams
and Mayor Sevila
NAY: None
I
MINUTES OF AUGUST 22, 1984 MEETING 1119
On motion of Mr. Curry, seconded by Mrs. Hill it was voted unanimously that
the resolution initiating amendment of the Subdivision and Land Development
Regulations dealing with the insertion of Land Development Official in the ordi-
nance in place of the Director of Engineering be referred back to committee.
84-140 - RESOLUTION - AUTHORIZING DIRECTIONAL SIGNS FOR THE LEESBURG BAPTIST
CHURCH
On motion of Mr. Bos, seconded by Mr. Williams the following resolution
was proposed:
I
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A revocable permit is issued to the Leeburg Baptist Church for directional
signs at the intersection of South King Street and Davis Avenue and Dry
Mill Road and Lee Avenue. The signs shall be placed on existing posts
and shall not exceed two square feet in area. The signs shall be metal
and the lettering and color shall be approved by the acting town manager.
All costs for the fabrication and installation of the signs shall be borne
by the Leesburg Baptist Church.
Mr. Bos stated that he was concerned about setting a precedent for signs
r- in the public right-of-way. He felt that perhaps someone should look at this .
N problem.
mMr. Curry questioned the placement of the signs. Mr. Minor confirmed that
Q the signs. will be placed on post. Mayor Sevila stated he was concerned that
perhaps this kind thing should be referred to the EAC for establishing a policy
on these kinds of requests. He urged the Council to refer this matter back to
committee for establishing a policy--to inform the Church that their request
has notbeenturned down and as soon as some policy is established their per-
mission will be forthcoming. There was ongoing discussion as to whether to
grant permission for these signs or -to wait for a policy to be established.
Mr. Bos asked that the sign be approved and these matters be looked into after
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the fact.
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert and. Williams
Nay: Mayor Sevila
84-141 - RESOLUTION - AUTHORIZING DIRECTIONAL SIGNS FOR THE MARION duPONT SCOTT
EQUINE MEDICAL CENTER
On motion of Mrs. Hill, seconded by Mr. Williams the following motion
was proposed:
I
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A revocable permit is issued to the Marion duPont Scott Equine Medical
Center for directional signs at the intersection of West Market Street
1 and Morven Park Road and Morven Park Park Road and Old Waterford Road.
The signs shall be placed on existing posts and shall not exceed two
square feet in area. The signs shall be metal and the lettering and
color shall be approved by the acting town manager. All costs for the
fabrication and installation of the signs shall be borne by the
Marion duPont Scott Equine Medical Center.
In discussion on the motion, Mayor Sevila stated again that he could not
approve this motion and emphasized again his feelings that some guidelines need
to be established for granting a request such as this. The vote on this.
motion is shown below:
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert and Williams
Nay: . Mayor Sevila
84-142 - RESOLUTION - REJECTING A BID FOR THE CONSTRUCTION OF IMPROVEMENTS TO
TUSCORARA CREEK .
On motion of Mrs. Hill, seconded by Mr. Williams the following motion was
proposed:
200
MINUTES OF AUGUST 22, 1984 MEETING
WHEREAS, the town accepted bids on Tuesday, August 14 for the con-
struction of Tuscarora Creek channel improvements; and
WHEREAS, the firm A. L. Nance, Inc. of Sterling, Virginia submitted a
bid in the amount of $185, 766.09; and
WHEREAS, this bid exceeded the town' s engineering consultants estimate
by over 600%:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The bid submitted by A. L. Nance for the construction of111
Tuscarora Creek channel improvements is hereby rejected.
SECTION II. The acting town manager is requested to evaluate the
construction of these channel improvements by public works forces
versus rebidding the project in the early spring of 1985.
Mr. Bos stated that this motion has been proposed not because the town is
forsaking the project but because the project has been outrageously over bid.
Ayw: Councilmenbers Bos, Curry, Hill., Kelley, Tolbert, Williams and •
Mayor Sevila
Nay: None.
•
A resolution amending the town' s streetlight plan for the annexation area
to remove the planned street light installations tfor 1209 Bradfield Drive, 302
Nickels Place and 301 Babson Circle was read by the Clerk. Councilmember
Williams moved that this resolution be rejected. This motion was seconded by
Mr. Tolbert. Their was discussion on the motion to reject. Mr. Williams
stated that he felt safety and security over. aesthetics had to be considered.
Mr. Boss agreed with Mr. Williams summary ofthe situation.
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None.
84-143 - RESOLUTION - STORER CABLE OF LEESBURG TO CABLE CAST LEESBURG' S REGULAR
TOWN COUNCIL MEETINGS
On motion of Mr. Williams, seconded by Mr. Kelley the following resolution
was proposed:
WHEREAS, the Cable Television Advisory Commission has recommended the
tape delayed cable casting of the town' s regular Town Council meetings; and
WHEREAS, the cable casting of Council meetings offers the Town a cost
effective opportunity to improve communication between the Council and
the citizens of the Town, and
WHEREAS, the Town' s franchise agreement and contract with Storer Cable
Communications of Leesburg obligates Storer to provide this service with-
out cost to the town;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager is authorized and directed to advise Storer Cable Communica-
tion of Leesburg of the Council' s request to cable cast on a tape delayed
basis (unedited) the Town Council' s regular bi-weekly meetings.
Mrs. Hill stated she though it should go back to the Cable Advisory Com-
mission to work out the details stating that she did not it want the taping
particularly for every meeting, that perhaps once every three months would be
better. Mr. Kelley stated he felt it was a way for the people to be in touch.
Mr. Bos stated it is a good method of getting local government more available to
the people.
li
MINUTES OF AUGUST 22, 1984 MEETING 201
Aye: Councilmembers Bos, Kelley, Tolbert, Williams and Mayor Sevila
Nay: Councilmember Hill
Abstention: Councilmember Curry
1 84-144 - RESOLUTION - MAKING AN APPROPRIATION FOR POLICE OVER-TIME
On motion of Mrs. Hill, seconded by Mr. Williams, the following resolution
was proposed:
I WHEREAS, Leesburg has recently experienced two fatal accidents where the
use of alcohol is alleged a contributing factor; and
I
WHEREAS, this Council desires to explore alternatives which will effectively
reduce the amount of driving while intoxicated in Leesburg.
THEREFORE, RESOLVED by the Couoncil of the Town of Leesburg in Virginia as
follows:
SECTION I. The chief of police is directed to establish on a trial basis
and to evaluate a DWI program in conjunction with the Loudoun County
Sheriff' s Department, State Police and Commonwealth' s Attorney.
SECTION II. An appropriation is made from the General Fund to Account
N No. 3101. 102, Police Over-time, in the amount of $1,500 for fiscal '
W year 1985.
OD Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and
Q Mayor Sevila
Nay: None .
84-145 - RESOLUTION - MAKING AN APPROPRIATION FOR THE MARKET STATION PROJECT
On motion of Mrs. Hill, seconded by Mr. Tolbert the following resolution
was proposed:
WHEREAS, the Town of Leesburg and Market Square Associates, Inc. have
entered into a Deed of Lease and Development Agreement dated
October 13, 1983; and
I
1 WHEREAS, paragraph 9 of the agreement obligates the town to contribute
$103,000 towards the Market Station project:
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 year three, unappropriated fund balance, to the following account
numbers in specified amounts:
Account No. 9300.701 - Farmer' s Market $ 3,000.00
Account No. 9300.705 - Commercial/Industrial Dev. 21,936.20
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None
84-146 - RESOLULTION - AUTHORIZING AN AGREEMENT APPROVING A CASH PERFORMANCE
BOND FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND
APPROVING WATER AND SEWER EXTENSION PERMITS
I
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:
SECTION I. The manager is authorized to execute on behalf of the Town
an agreement with Lewis B. Cohen for installation of public improvements
shown on plans approved by the Planning Commission for Cardinal Industrial
Park, Lot 12.
202 MINUTES OF AUGUST 22, 1984 MEETING
SECTION II. 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 cash performance bond in the amount of $5,187.00 for
installation of public improvements shown on approved plans is accepted.
SECTION IV. This resolution is conditioned upon review and 'approval
of the agreement, and water and sewer extension permits by the Town
Attorney.
Marc Weiss explained that this plan has been approved by the Planning
Commission and needs to secure bonding prior to beginning construction.
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None
Mayor Sevila recognized Mr. Shappert a resident of Country Club.
Mr. Shappert asked that in the future town policy be stated very clearly and
that it be interpreted for everyone' s benefit. Mayor Sevila commended Mr.
Shappert for his hard work with regard to street lighting in Country Club,
stating that even though the Council did not vote in favor of Mr. Shappert' s
wishes, he helped make the problem clear. '
On motion of Mrs. Hill, seconded by Mr. Tolbert the Council' voted
unanimously to adjourn.
Mayor
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Clerk of Council pro tem
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