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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, 1 1 I 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 . i 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. • (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: • 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 1 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. " • 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 I 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 • -- Clerk of Council pro tem • • • • 1