HomeMy Public PortalAbout1985_01_09 318
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARING ON
INTENTION TO VACATE PORTION OF VALLEY VIEW AVENUE, JANUARY 9, 1985.
A regular meeting of the Leesburg Town Council was held on January 9,
1985 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg,
Virginia. 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. Bos.
Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Arl Curry,
Marylou Hill, Brian T. Kelley, John W. Tolbert, Jr. and Charles J. Williams;
also Town Manager Jeffrey H. Minor, Director of Finance Paul E. York, Director
of Planning, Zoning and Development Martha S. Semmes, Zoning Administrator
Mark Nelis and Town Attorney George M. Martin.
On motion of Mr. Williams, seconded by Mrs. Hill, the minutes of the regu-
lar
meetings of June 13, 1984 and November 14, 1985 and a special meeting of
November 16, 1984 were unanimously approved as submitted.
PUBLIC HEARING ON VACATION OF PORTION OF VALLEY VIEW AVENUE
Mr. Minor explained that this matter had originally been before the Finance
and Administration Committee, with that committee and then council authorizing
this hearing. We do not have an appraisal on the property yet, but that is not
essential to the hearing. Mrs. Semmes, Director of Planning, Zoning and Develop-
ment reported that Mr. Paul Smith, attorney representing the applicant, is pro-
ceeding to get the appraisal. Mr. Martin raised the question as to whether there
is a deed stating the town owns this cul-de-sac, but one has not yet been found.
Mr. Smith has also looked into this. Apparently the cul-de-sac was created when
changes were made to South King Street at the By-Pass. Usually VDH&T condemns
the property and, at the end of the project, it's all given over to the town
and we never receive a paper stating this is the town's land. We will find out
what is necessary to transfer this to the landowners on either side - it cer-
tainly is public right-of-way. These are small legal matters to be worked out
that do not affect the use of the right-of-way, which is the subject of this hear-
ing - as to whether we need the right-of-way or not. The question is whether we
need something to state that VDH&T has no claim to it. Mr. Minor added that the
adjacent property is in single ownership and the cul-de-sac serves no transporta-
tion purpose and will never be a connection to Route 15. It would be best served
in the hands of the adjoining property owners and would generate some additional
revenue to the town's general fund. Mrs. Semmes further explained that this is
just the turn-around portion that is being vacated - there would still be a small
section serving some new residential townhouses - that would be public right-df-
way. We would keep the existing utility rights-of-way. Valley View dead-ends
into South King Street and there is no access. Mr. Williams asked what they will
do with this property?
Mr. Paul Smith said the owner plans on extending the parking lot on one side
of the Southgate Condominiums - no actual construction can be built because of
easements near there. The idea is to simply formalize the parking area, clean
it up and landscape what they have.
There was no-one present to speak on this matter, so Mayor Sevila declared
the hearing closed.
On motion of Mrs. Hill, seconded by Mr. Kelley, Council voted unanimously
to refer this back to the Finance and Administration Committee, with the intent
of acting on it at the next meeting:
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and
Mayor Sevila.
Nay: None. '
COUNCILMEMBER COMMENTS:
Mr. Bos congratulated the recipients of the yearly performance bonuses •'
(mentioned in the Activity Report) . This program works very well - it is an
incentive for employees to "go that extra mile" - it not only grants recog-
nition, but is a monetary increase that is not permanent. He hoped they can
continue this program.
Mrs. Hill reported that the Cable Commission met last night - Country Club
is still being marketed, with about 50 percent completed. They have still not
received the converters sent for repair - this is holding up completion. They
ordered 100 new ones yesterday - they are expected within 30 days, so they hope
1
MINUTES OF JANUARY 9, 1985 MEETING.
319
to have Country Club completed by the end of January. They will start on Silver
Oaks within the next two to three weeks . The camera being used tonight is on
loan - it may be a month before they have theirs back. Under local origination,
they will present a play on Channel 4 in the spring. The sale of the station is
expected to be completed by the end of February or the firstof March. The Cable
Commission will be reviewing this and making recommendations to the Council.
Mr. Bos asked if they have to stay with only that one brand of converters? Mr.
Nelis said Mr. Rankin explained that these are about the only ones they can use
without having to change other equipment in their office. Mrs. Hill said they
have hired a new chief technician as of January 1st and Bill Webb will be the
new public service director. They are getting about 35 percent response in
Country Club and think they will get about 75 percent when it is completed.
Prime Cable Company will be the new company. The Commission will be called
upon to approve the change and make a recommendation to Council. Mr. Minor
said a detailed application was sent to them many months ago and another has
been sent - they have to pay a $500 application fee.
Mrs. Hill asked about the manhole covers in Silver Oaks. Mr. Minor reported
that a work order was issued today on the one on Salem Court. There are some sit-
ting up at an ajgle on Rockbridge - they are quite dangerous. Word has gone out
to the Engineering Department today on these.
%:t. Mr. Curry reported that Mrs. Reginald Marshall in Leesburg Country Club
Apartments called about the dangerous intersection at Country Club Drive and
N South King Street - she wondered what can be done to convice someone that this
Wis a most dangerous intersection. Mr. Minor said he had talked with her also
CO and recommended that this matter be placed on the next Public Works agenda - it
would probably be ourrecommendation that the new Director of Engineering work
Q with the Highway Department to identify both interim and long-term measures to
improve safety there. When we get answers from the Highway Department, they will
be presented to Council. This intersection has caused two fatal accidents in the
last year and a half.
Mr. Curry further reported that the Planning Commission has had two meetings -
the zoning committee met for about an hour with Exeter developers in getting a
i
school site that is acceptable to the School Board. At first they suggested pro-
' viding a 10-acre tract. The School Board recommends (for a middle school) 30
acres but, in some cases, they will accept less if all the land is usable. One
of the problems is the way the Planned Development regulations are written (he
described this in detail and suggested what he thought would be more equitable) .
Even the Planning Commission thought his suggestion would be a better way to do
it and that this should be worked on first - it is holding up development and put-
ting the Commission on the basis of having to approve or conditionally approve
a subdivision at the last minute without actually receiving a definite site. The
Commission did pass it -:.on:. the condition that we receive an appropriate site
that the School Board will accept. Council will have to work out the final site
and the staff is working on some PD ordinance changes.
Mr. Kelley reported that the Economic Development Advisory Committee met
this morning, with Mr. Bos, Mr. Williams and Mr. Minor in attendance. They had
a report on the survey done last year for the certification program - they had
a thorough discussion concerning this and how it is going to fit in their quality
of life assessment. He felt they made a great deal of headway today. Joby Rey-
nolds and Mr. Bos have a meeting set up next week on the quality of life portion
of the program. Mr. Williams agreed to go out on some of the greeting calls with
Mr. Trocino. A deadline of the end of March has been set to have this completed -
at the present pace they should very easily accomplish that.
Mr. Tolbert advised that the Airport Commission will meet tomorrow night
at 7:30 p.m.
MANAGER'S REPORT:
(1) Mr. Minor reported that appraisals (3) for the Catoctin Circle extension
are under way.
(2) He signed a purchase order today to construct a plexi-glass display
board for awards to be placed in the vestibule of the Council Chambers. This
will hold the VML award.
• MINUTES OF JANUARY 9, 1985 MEETING.
320
(3) In anticipation of snow, the Public Works Department has divided the .-
town into basically six areas. Each driver gets the equipment for his vehicle
and a map, with the specific areas he is to serve marked in green.on the re-
verse side. They are to be commended for the work they have done in trying to
plan for snow this year - this will be the first full winter we have served the
entire expanded town. We have always been concerned that we have not used all the
resources of the Department, but this year they have identified drivers in the
streets division, the utility lines department and the shop division - this will
cut down on overtime and fatigue and shouldffresult in a better safer operation.
(4) We received today a copy of the/YVEFCO contract - hopefully he will be
able to get Mr. Williams, Bruce Brownell, Marc Weiss, Mr. Robin and himself to-
gether on Friday to look at it and see if it meets all expectationsand forward
it on to committee. Mr. Brownell has worked on the development plan .and has a
lot of those things ready for Council review too. He's anxious to proceed with
the townhouse element. This should be an exciting project and a valuable asset
to the town, so they hope to be able to get the contract ironed out and present
that and the development plans to Council.
(5) Martha Semmes will be distributing the annual report of the Planning
Commission to Council and the Commission, highlighting the commercial, residen-
tial -and economic growth over the last year, as well as covering other signi-
ficant action of the Planning Commission last year. •
(6) He called attention to the brief by Terry Ney(in the Activity Report)-
it has been sent on to the Assistant Regional Counsel for EPA. It has not been
acknowledged yet and we don't know yet the time schedule for the determination
of this protest.
(7) He called attention to a copy of the letter from the State Water Control
Board to the EPA, which basically endorsed our application for an extension through
April due to the delay caused by the protest.
(8) Council has received a tentative budget schedule. Not mentioned is a
companion exercise to adopt our new Capital Improvements Program.- we adopted the
1985-90 CIP - now we will be doing the 86-91 one. It should plug into this year.
We want to use it for the 1986 budget so we have asked our Department Directors
to update that plan by Feb. 1. When they get that done, they want to get it to
Council and to the Planning Commission and try to get a good picture of what
their general capital outlays: might be for 1986. Then they could prioritize those
capital outlays that look important to the Council - when they find out what the
revenue picture is and the expenditures, they can get a realistic view on how
much will beavailableto obligateto capital 'outláysAn. F? 1986. '.
(9) We issued the first of the week the annual awards to those employees
who have made an extra special effort this year and made significant contribu-
tions to our government. This is a difficult decision every year. It reaps
some benefits to employee morale but, at the same time, those who didn't re-
ceive an award are somewhat unhappy and disappointed. Anthing that's worthwhile
never comes to everyone. Occasionally we have some who get one every year or
two or three years in a row - that's because generally outstanding employees
generally continue to be outstanding. This year we've had a good cross-spectrum
of employees - from superintendents to laborers.- He especially depended on some
of these people from July to September, like Nancy Fixx and Mark Nelis, they were
really a great resource for everybody. The monetary amount is not tremendous, but
recognition is equally as important as the monetary award. There will be a lun-
cheon for these people next Thursday and they hope all the councilmembers can be
there then. He read the list of those to receive awards, as follows:
Mike Barry - Laboratory technician at Water Plant
Steve Cawthron - Superintendent at Wastewater Treatment Plant
Larry Taylor - Superintendent at Water Filtration Plant
Ken Bryan - Town Shop
Harry Grimm - Maintenance Man
Bill Allison - Street Department
Dan Hyatt - Utility Lines Superintendent
David Frye - Street Superintendent
Nancy Fixx - Accounting Supervisor
Marilynn Simpson- Finance Department
321
MINUTES OF JANUARY 9, 1985 MEETING.
Mark Nelis - Zoning Administrator
Mary Mack - Planning Department
Lt. Lloyd - Police Department
Della Clark - Executive Secretary
Linda DeFranco - Administrative Assistant
Janet Smith - Police Secretary
Mr. Williams asked that Mr. York give them an update with respect to reve-
nues as it is coming in and if we are keeping pace with the Budget? Mr. York
said he has not had an opportunity to go through the Budget in great detail
but, in terms of some of the revenue categories, it looks like they are on
i
track as far as some of the taxes are concerned - business licenses, for
example. He sees no particular problems at this point. This report does
not reflect what our property taxes will do - a better report can be given
on this at the end of December and then make a projection for the subsequent
six months. Availability fees are coming in well - they have now collected
over 90 percent of what they originally anticipated - they might hit 120 to
150 percent of what they projected. He sees nothing in the Utility Fund that
is alarming - it looks like the water and sewer billings are pretty much on
track.
MAYOR'S REPORT:
Mayor Sevila asked about the appraisals on Catoctin Circle? Mr. Minor said
they are underway, the costs to be borne by Mr. Jewell. Once they are done,
Council will determine if it is in the best interest of the town to make a land
trade for part of the right-of-way (our land is more valuable than the right-
of-way) . There is some interest by one local developer to extend part of that
street - this could also be an asset in terms of timing.
Mayor Sevila also congratulated the recipients of the performance awards
and encouraged the councilmembers to attend the luncheon on January 17th.
Mayor Sevila declared a five-minute recess, after which Council reconvened.
iOn motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolutions
were proposed and unanimously adopted as consent items :
85-1 - RESOLUTION - APPOINTING TERRENCE NEY AS SPECIAL COUNSEL TO REPRESENT THE
TOWN IN MATTERS RELATED TO THE EPA FUNDED CONSTRUCTION OF
THE TOWN'S WASTEWATER TREATMENT PLANT EXPANSION AND UP-
GRADING PROJECT.
WHEREAS, this Council on November 16, 1984, authorized a tentative
contract award to R. F. Kline and Company for the construction of
the town's Wastewater Treatment Plant expansion and upgrading proj-
ect; and
WHEREAS, Mechanical Constructors, Inc. filed suit in Loudoun County
Circuit Court to reverse the town's tentative award; and
WHEREAS, Mechanical Constructors, Inc. and Federline, Inc. have filed
protests with the Environmental Protection Agency with respect to the
tentative contract award; and
WHEREAS, Terrence Ney with the firm Boothe, Prichard and Dudley has
represented the town in contract matters relating to litigation in-
volving construction of the town's water filtration plant on the Po-
tomac River; and
WHEREAS, Terrence Ney and the firm Boothe, Prichard and Dudley have
special expertise with respect to contract law and are experts in
Virginia procurement regulations and Environmental Protection Agency
grant requirements; and
WHEREAS, the town attorney George Martin recommends the appointment of
Terrence Ney as special counsel in matters relating to the town's Waste-
water Treatment Plant expansion and upgrading project.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
322
MINUTES OF JANUARY 9, 1985 MEETING.
Terrence Ney and the firm Boothe, Prichard and Dudley are appointed
1 as special counsel to represent the Town of Leesburg in litigation
and administrative protests to the Environmental Protection Agency
arising out of the town's tentative contract award to R. F. Kline
and Company.
85-2 - RESOLUTION - INITIATING AMENDMENT OF THE LEESBURG ZONING ORDINANCE REGARD-
ING COMPOSITION OF. THE BOARD OF ARCHITECTURAL REVIEW.
WHEREAS, the Council has unanimously requested the General Assembly to
consider amendments to the charter of the Town of Leesburg to provide
a transition for current appointments during the period prior to the
effective date of the proposed charter amendments; and
WHEREAS, the Council desires to establish staggered terms for the Board
of Architectural Review:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. An amendment of the Leesburg Zoning Ordinance is initiated
to amend Section 10A-4-2 to read as follows:
10A-4-2 Effective July 1, 1985, the term of office for the members
shall be for three years, except that the term of the Coun-
cil member and Planning Commission member shall correspond
to their official tenure of office. Appointments made prior
to that date shall expire according to the following sequence.
(a) One member's term shall expire on June 30, 1985
(b) Two members ' terms shall expire on June 30, 1986
(c) Two members' terms shall expire on June 30, 1987.
Any appointed member of the Board may be removed from office
by the Council after public hearing for:.inefficiency, neglect 111of duty or malfeasance or other just cause after charges
made in writing. Appointments to fill vacancies shall be
only for the unexpired portion of the term. Members may
be reappointed to succeed themselves. The Director of Plan-
ning and Zoning shall be the Board's Secretary.
SECTION II. The Planning Commission shall conduct a public hearing as
soon as permitted by law and report its recommendations on the proposed
amendment to the Town Council within 60 days of the public hearing.
85-3 - RESOLUTION - INITIATING AMENDMENT OF THE LEESBURG ZONING ORDINANCE REGARDING
TOWNHOUSE AND PARKING LOT LANDSCAPING.
WHEREAS, the Leesburg Zoning Ordinance does not permit townhouses with
garages; and
WHEREAS, the Council finds that townhouses and other small-lot single-
family developments on private parking courts may provide a more pleas-
ant environment, provided such courts are adequately landscaped;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. An amendment of the Leesburg Zoning Ordinance is initiated
to amend Section 8-2-11 and add a new Section 9A-3-4 to read as follows:
8-2-11-1 No motor vehicle shall be parked on the front of any lot upon
which a townhouse has been or is to be erected, unless the
townhouse has a garage.
9A-3-4 Parking courts created under the provisions of Section 13-75(c)
of the Subdivision and Land Development Regulations, in place
of the landscaping requirements above, shall include a mini-
mum interior landscaped area equaling twenty percent (20%)
of the total area of the parking court, to include one shade
tree and three shrubs for every 100 square feet of landscaped
area. A perimeter landscape strip with a minimum width of
MINUTES OF JANUARY 9, 1985 MEETING. 323
five (5) feet shall also be provided and shall include one
shade tree for every 40 linear feet.
SECTION II. The Planning Commission shall conduct a public hearing as
soon as permitted by law and report its recommendations on the pro-
, posed amendment to the Town Council within 60 days of its public hear-
ing.
85-4 - RESOLUTION - INITIATING AMENDMENT OF THE SUBDIVISION AND LAND DEVELOPMENT
REGULATIONS REGARDING RESIDENTIAL LOTS.
WHEREAS, the Subdivision and Land Development Regulations require that
every residential lot abut a public or private street; and
WHEREAS, small-lot single-family developments may contain lots that front
on private parking courts that do not serve the function of either a pub-
lic or private street; and
WHEREAS, the Council finds that such developments on private courts may
provide a more pleasant environment and a more economical use of public
street frontage, thereby promoting the public health, safety and welfare;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. An amendment of the Leesburg Subdivision and Land Develop-
ment Regulations is initiated to change Section 13-75(c) to read as fol-
lows:
Section 13-75. Lots.
(c) Every residential lot shall abut a public street, except
as provided below:
(1) Single-family detached dwelling lots of 20,000 square
feet of more may abut a common driveway serving a maximum of eight
lots. Common driveways permitted under this section shall have a
minimum pavement width of 24 feet and a minimum public easement width
of 40 feet and shall not serve a through function.
(2) Single-family dwelling lots of 8,000 square feet or less
may abut a common parking court with the following maximum number of
lots per court: single-family detached and semi-detached dwelling lots:
12; single-family attached dwelling lots: 28.
Common driveways and parking courts created under the provisions of this
section shall be designed and constructed in accordance with the Construc-
tion Standards of the Town of Leesburg. In addition, parking courts cre-
ated under the provisions of this section shall be adequately landscaped
to ensure the residential character of the development, as provided in
Article 9A-3-4 of the Leesburg Zoning Ordinance.
SECTION II. An amendment of the Leesburg Subdivision and Land Develop-
ment Regulations is initiated to change Section 13-99(c) to add new
definitions to read as: follows:
Section 13-99. Definitions and rules of construction.
(c)
"Driveway, Common" shall mean a private roadway providing vehicular
access to lots .
"Dwelling, Single-Family Attached" shall mean a one-family dwelling •
attached to two or more one-family dwellings by common vertical
walls. This definition includes such dwelling types as town-
house, triplex and quadraplex.
"Dwelling, Single-Family Detached" shall mean a dwelling designed for
one family which is not attached to any other dwelling by any means.
324 MINUTES OF JANUARY 9, 1985 MEETING.
"Dwelling, Single-Family Semi-detached" shall mean a one-family dwelling
attached to one other one-family dwelling by a common vertical wall,
whether or not each unit is located on a separate zoning lot. This
definition includes such dwelling types as duplexes, patio homes
and garden court homes.
"Parking Court, Common" shall mean a parking area for the principal use
of the owners or occupants of the lots abutting the parking area.
SECTION III. The Planning Commission shall conduct a public hearing as
soon as permitted by law and report its recommendations on the proposed amend-
ment to the Town Council within 60 days of its public hearing.
85-5 - RESOLUTION - ACCEPTING STREETS INTO THE TOWN'S SYSTEM IN FAIRWAYS SUB-
DIVISION.
WHEREAS, all streets in Fairways Subdivision have been completed in ac-
cordance with town standards and have been inspected by the Engineering
Department; and
WHEREAS, these streets have been in use by the public for more than one
year:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
All streets in the Fairways Subdivision are accepted into the town's road
system for maintenance.
85-6 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE
GUARANTEE AND APPROVING A MAINTENANCE BOND FOR THE LOUDOUN
MEMORIAL HOSPITAL PSYCHIATRIC CARE ADDITION.
WHEREAS, Howard Shockey & Sons, Inc. have completed the installation of
public improvements in accordance with town standards and specifications
and these have been inspected and approved:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The public improvements constructed for the Loudoun Memorial
Hospital Psychiatric Care Addition are accepted for public use by the
town.
SECTION II. The cash performance bond in the amount of $16,761 is re-
leased less five percent to be retained as a cash maintenance bond to
be in effect for a period of one year from this date in the amount of
$838. The Director of Finance is directed to return $15,923, plus in-
terest, to Howard Shockey & Sons, Inc.
85-7 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING A PERFORMANCE
GUARANTEE AND APPROVING A MAINTENANCE BOND FOR LOT 25,
PARKER SUBDIVISION.
WHEREAS, the developer for Lot 25, Parker Subdivision has completed
the installation of public improvements in accordance with town stand-
ards and specifications and these have been inspected and approved:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The public improvements for Lot 25, Parker Subdivision are
accepted for public use by the town.
SECTION II. The cash performance bond in the amount of $10,955 is re-
leased less five percent to be retained as a cash maintenance bond to
be in effect for a period of one year from this date in the amount of
$548. The Director of Finance is directed to return $10,407, plus in-
terest, to R. W. DeHart.
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and
Mayor Sevila.
Nay: None.
MINUTES OF JANUARY 9, 1985 MEETING. 325
85-0-1 - ORDINANCE - AMENDING SECTION 2-91 OF THE TOWN CODE WITH RESPECT TO
THE MEMBERSHIP OF THE ENVIRONMENTAL ADVISORY COMMISSION.
On motion of Mrs. Hill, seconded by Mr. Williams, the following resolu-
tion was proposed:
WHEREAS, this Council desires to reestablish the Environmental Advisory
Commission so that the number of members and appointment process gene-
rally corresponds to other boards and commissions established by the
town:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Section 2-91 of the Town Code is amended to read as follows:
Sec. 2-91. Committee established generally.
(a) i The Leesburg Environmental Advisory Commission is hereby established.
Through June 30, 1986, the Commission shall consist of no less than 10
members. The Council shall appoint all members who shall be residents
of the town, except for any member with a term expiring January 30, 1986
now residing outside the town, which said member may not be appointed to
a successive term unless he meets the residency requirement of this sec-
tion. The Council shall appoint one of its members to the Commission
whose term of office shall correspond to his official tenure of office
as a councilmember. Except for the councilmanic member and members ap-
pointed prior to June 30, 1986, members shall serve for terms of two
years. Except for the councilmanic member, the terms of all members
shall expire on June 30, 1986. Thereafter the Commission shall consist
of eight members, including the councilmanic member.
(b) The Commission shall elect its chairman annually. The Commission
shall elect annually the officers it deems necessary. The Commission
shall meet monthly or more often as necessary upon the call of the chair-
, man or two or more members.
SECTION II. All prior ordinances and resolutions in conflict herewith are
repealed.
SECTION III. This ordinance shall be in effect February 1, 1985.
The makers of the ordinanceragreed to revision of paragraph (a) , to read as fol-
lows:
(a) The Leesburg Environmental Advisory Commission is hereby established.
Through June 30, 1986, the Commission shall consist of no less than 10
members. The Council shall appoint all members who shall be residents
of the town, except for any member with a term expiring January 30, 1986
now residing outside the town, which said member may not be appointed
to a successive term unless he meets the residency requirement of this
section. The Council shall appoint one of its members to the Commission
whose term of office shall correspond to his official tenure of office as
a councilmember. Members appointed after June 30, 1986 shall serve for
terms of two years. The terms of all members shall expire on June 30,
1986. Thereafter the Commission shall consist of eight members includ-
ing the Councilmanic member.
There followed extensive discussion concerning the number of members to serve
on this committee and the reduction thereof, as well as on the expiration date
of June 30, 1986 for the terms of all members. Mayor Sevila was not in favor
I
of either of the above, nor the fact that this takes away the power of the .
Mayor to make appointments. For these reasons, he will not vote for this ordi-
nance. The ordinance, as amended, was adopted by a vote of 6 to 1:
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert and Williams.
Nay: Mayor Sevila.
326
MINUTES OF JANUARY 9, 1985 MEETING.
85-8 - RESOLUTION - INITIATING AMENDMENTS OF THE LEESBURG SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS CONCERNING REQUIREMENTS FOR PRE-
LIMINARY PLATS AND PRELIMINARY DEVELOPMENT PLANS.
On motion of Mrs . Hill, seconded by Mr. Williams, the following resolution
was proposed:
WHEREAS, the present Subdivision and Land Development Regulations provide
for certain information to be contained on preliminary subdivision plats
and preliminary development plans; and
WHEREAS, the Council finds that it is beneficial to require more informa-
tion
on preliminary plats in order to review the preliminary layout of
streets, utility lines and stormwater management systems; and
WHEREAS, the Council finds that it is necessary to amend the Subdivision
and Land Development Regulations in regard to preliminary plat and plan
requirements:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. An amendment of the Subdivision and Land Development Regulations
is initiated to amend Section 13-57 by adding a new section to read as fol-
lows:
(e) The Planning Commission shall approve any record plat that
generally conforms with the preliminary platand conforms to the Sub-
division and Land Development Regulations, the Zoning Ordinance and the
Construction Standards of Leesburg and nothing has come to the attention
of the Commission that is materially adverse or contrary to the require-
ments or purpose of these regulations. The location and alignment of
public utilities may be changed if necessary as the result of final en-
gineering design between the preliminary plat approval and the final
plat submission. Preliminary plat approval does not authorize construc-
tion of improvements within the subdivision.
SECTION II. An amendment of the Subdivision and Land Development Regu-
lations is initiated to amend Section 13-61(b) (4) , (5) , (8) , (16) and
by adding the following new sections (18) , (19) , (20) and (21) to read
as follows:
(4) Location, names and present width of existing and proposed
streets, highways, easements, property lines and existing utilities.
(5) All parcels of land and easements proposed to be dedicated
for public or common use and the conditions and disposition of each
dedication, including temporary dedications for cul-de-sacs.
(8) The zoning classification, area of subdivision and proposed
use of the land. For all residential subdivisions the following infor-
mation shall be presented in tabular form: Total area in subdivision,
total number of lots, minimum lot area and average lot area. For all
cluster subdivisions, the following additional information shall be
required: area in lots, area in open space, aggregate reduction in
lot area open space as percentage of subdivision, area in streets and
a note explaining disposition and improvements to open space.
(16) If the proposed subdivision fronts on a major or minor ar-
terial, a statement by the Virginia Department of Highways and Trans-
portation Resident Engineer that the subdivider has consulted with him
as to the preliminary plans for an entrance permit and any special treat-
ment which will be required for street construction and drainage.
(18) Preliminary plans for streets, sidewalks, sanitary sewers,
storm drains and water mains, including proposed connections with exist-
ing sanitary sewers and existing water lines. The pavement width and
right-of-way of proposed streets shall be indicated and any proposed non-
standard street sections shall be 'illustrated in profile.
(19) Preliminary layout of provisions for collecting and discharg-
ing surface drainage.
MINUTES OF JANUARY 9, 1985 MEETING.
327
(20) Preliminary plans for erosion and sedimentation control
measures.
(21) The location and type of all existing trees eight inch in
diameter or greater. If the property is densely wooded in whole or
in part, the limits of such densely wooded areas may be shown on the
plan in lieu of locating individual trees. The plat must indicate
trees that are to be removed and those that are to be retained.
SECTION III. An amendment of the Subdivision and Land Development Regu-
lations is initiated to amend Section 13-67(d) to read as follows:
(d) The Planning Commission shall approve any development plan
that generally conforms with the preliminary development plan and con-
forms to the Subdivision and Land Development Regulations, the Zoning
- Ordinance and the Construction Standards of the Town of Leesburg and
nothing has come to the attention of the Commission that is materially
adverse or contrary to the requirements or purpose of these regulations.
The location and alignment of public utilities may be changed if necessary
as the result of final engineering design between the preliminary develop-
ment plan approval and the final submission. Preliminary development plan
approval does not authorize construction of improvements within the subdi-
vision.
SECTION IV. The Planning Commission shall conduct a public hearing as
N soon as permitted by law and report its recommendations on the proposed
W amendments to the Town Council within 60 days of the adoption of this
CO resolution.
Q Mr. Curry felt it would be better to list the requirements separately (such as in
Section (8)) separately before it goes to Planning Commission. The resolution was
unanimously adopted:
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and
Mayor Sevila.
Nay: None.
85-9 - RESOLUTION - ESTABLISHING A RATE FOR WATER CONSUMPTION AT LEESBURG MUNI-
CIPAL AIRPORT.
On motion of Mrs. Hill, seconded by Mr. Kelley, the following resolution
was proposed and unanimously adopted:
WHEREAS, the town has rehabilitated the existing well facility at Lees-
burg Municipal Airport for use by Janelle Aviation and the Federal Avia-
tion Administration; and
WHEREAS, this facility is not interconnected with the town's general
water supply system; and
WHEREAS, a separate water service rate is, therefore, appropriate:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
A user charge rate of $3.04 per 1,000 gallons of water consumed is estab-
lished as the rate for all establishments connected to the town's airport
water supply. Individual customers shall also be billed a $3.00 per
quarter service charge. Statements shall be rendered based on quarter-
ly water consumption.
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and
Mayor Sevila.
Nay: None.
85-1D- RESOLUTION - MAKING AN APPROPRIATION FOR THE ILLUMINATION OF THE EAST
MARKET STREET SIGN.
On motion of Mr. Bos, seconded by Mrs. Hill, the following resolution was
proposed:
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
r�
MINUTES OF JANUARY 9, 1985 MEETING.
3 An appropriation is made to the General Fund, Account No. 4102.701,
Market Street Improvements, in the amount of $600.00 for the fiscal
year ending June 30, 1985.
Mr. Kelley recalled that the low bid was $329.00 and asked for :what the balance
is to be used? Mr. Minor explained that this is for two ground lights and they
do not know the exact cost yet. The resolution was unanimously adopted:
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and
Mayor Sevila.
Nay: None.
85-11 - RESOLUTION - AUTHORIZING THE EXECUTION OF A CONDITIONAL SALES CONTRACT
FOR THE PURCHASE OF A MOTOR GRADER.
On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolu-
tion was proposed:
WHEREAS, on December 12, 1984, the Council of the Town of Leesburg
authorized the procurement of a motor grader from Bemiss Equipment
Corporation at Richmond, Virginia; and
WHEREAS, Council also authorized the town manager to enter into an
agreement with the Sovran Leasing Corporation for the purchase of
the equipment.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir-
ginia that the town manager is hereby authorized and directed to
enter into, execute and deliver on behalf of the town, Conditional
Sales Contract(s) (at an annual percentage rate of 9.25%) , and such
documentation required with Sovran Leasing Corporation whereby this
town will purchase the equipment described in said Conditional Sales
Contract(s) .
Mr. Minor explained that the original authorization was for a "lease-purchase"
but was determined by Mr. Martin to be a conditional sales contract. We, there-
fore, determined that they needed a more explicit action on the part of the
Council. Also, Sovran requires that this be adopted before they will execute
the contract. Durigg this time the interest dropped a quarter of a point.
Money was originally budgeted to rent this equipment but it was found to be
more economical to finance the equipment over three years. We would have to
buy, lease or rent a motor grader this year - now we can procure a brand new .
piece of equipment and do it for about the same amount we had in the budget
to rent it. Outside counsel from Lynchburg has issued an opinion that this
is within our powers. The resolution was unanimously adopted:
Aye: Councilmembers Bos, Coffey, Hill, Kelley, Tolbert, Williams and
Mayor Sevila.
Nay: None.
On motion of Mr. Kelley, seconded by Mr. Tolbert, Council voted unani-
mously to go into executive session, pursuant to Section 2.1-344(a) (1) of the
Code of Virginia, 1950, as amended, to discuss personnel matters:
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and
Mayor Sevila.
Nay: None.
Mayor Sevila reconvened the meeting, stating that no action was taken in
the executive session.
On motion of Mr. Tolbert, seconded by Mrs. Hill, the following appoint-
ment was unanimously made:
John A. Ross to the Economic Development Advisory Committee for a term
expiring June 30, 1985.
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and
Mayor Sevila.
Nay: None.
MINUTES OF JANUARY 9, 1985 MEETING.
329
On motion of Mrs. Hill, seconded by Mr. Kelley, the following appoint-
ments were unanimously made to the Environmental Advisory Commission, said
terms to expire June 30, 1986:
Reappointments:
Vance Lee Fowler
Fred Z. Hetzel
Colin MacDiarmid
Appointments:
Rev. Howard Wilson
Leonard McDonald
James Bles
Ron King
Mary Anne Newman
It was noted this will make a total of 13 members on this Commission. The motion
was unanimously adopted:
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and
Mayor Sevila.
Nay: None.
On motion of Mrs. Hill, seconded by Mr. Williams, the meeting was adjourned.
m
a
Mayor
aej
Clerk of the Council