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Home My Public Portal About1985_07_24 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL JULY 24, 1985 • 1 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on July 24, 1985 at 7:30 p.m. The meeting was called to order by the Mayor with the invocation given by Mr. Tolbert and followed with the Salute to the Flag led by Mr. Williams. Present were Mayor Robert E. Sevila, Councilmembers, Charles A. Bos, Arl Curry, Marylou Hill, Brian T. Kelley,. John W. Tolbert, Jr. , and Charles Williams; also Assistant to Town Manager Steve Owen, Director;of, Finance Paul York, Director of Planning, Zoning and .Development Martha Mason-Semmes and Director of Engineering Tom Mason. On a motion by Mr. Tolbert and seconded by Mrs. Hill it was recommended that the minutes of the February. 13, 1985 meeting be -approved. : Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None PETITIONERS Howard..Wilson, .Pastor of the Mt. Zion United Methodist Church,spoke; Q� also as a member of the Environmental Advisory Commission. He wanted to N recommend that an award be given to Mr. Rust for his recent donation of the N land for a park. He emphasizedthat the award should be in the form of a W plaque and should be given to Mr. Rust soon. CC] COUNCILMEMBER COMMENTS Q Mr. Boa reported on the Board of Architectural Review activity. They have had several meetings since. Council last met. Items of interest were Herb Pearson is :renovating another. of the old J.T. Hirst buildings; Randy DeHart was present regardingproposed duplexes on W. Cornwall .Street; and Ballenger and LaRock architects have two projects which the Board approved, one for the White!s..project, and .the other at 201, West Loudoun Street. He commended Mr. Minor on. the. book of staff goals recently completed. Mr. Williams attended the Environmental Advisory Commission meeting of July 23. Colin MacDiarmid resigned as chairman of this committee and a replacement is now under consideration. Several areas of concern discussed such as size of the committee, compensation, attendance, staff copy of the sign ordinance. Other itemsdiscussed .were the need• for a .traffic signal at the intersection of Harrison :St. and Catoctin Circle, trash cans at the Farmer's Market on Saturdays, several lots need to be mowed, junk cars need to be removed. The commission will begin their.own inspections and.report . back to staff ontheir. findings. . - Mr. Curry reported that he . had_attended the Planning Commission meeting of last Thursday and they approved. the. Toll House preliminary development plan with certain conditions. Lately all of the information that should be on the plans has not been there and the Commission is trying to get the developers to make sure. all details..are .there.to-.be reviewed._. Mr. Tolbert attended the Airport Commission meeting on July 11. Carl Gregg was re-elected Chairman and Stanley Caulkins, Vice Chairman, Steve Owen was ,elected. secretary. ... .Runway expansion was discussed. Mayor Sevila readthe letter .from Colin MacDiarmid resigning as Chairman of the Environmental Advisory Commission and then gave the copy to the Clerk of Councilfor .the record.. Next he .referenced a letter from David Garrett, the. District Engineer for VDH&T which advised of the proposed improvements to Route. 625. . He stated that if the Council would like a public hearing they cancontactthe. local residency'. office. NVPDC is sche- duling a number of workshops at the George Mason Institute entitled "Alternatives for funding transportation needs in Northern Virginia". October 2 is the first scheduled meeting and hopefully someone can attend. JUL24. 1 MINUTES.OF. JULY 24, 1985 MEETING 2 MANAGER'.S-REPORT' - A written .activity report was sent out in the packet received by Council on Monday evening. Some additions .to this .report are: ' 1 . During the groundbreaking 'ceremony at the sewer plant, the language on the Environmental Protection Agency sign needed some- adjustment. Contact was made with EPA and approval' was given' eo change the- sign. The state funding language will be deleted and the town funding will be .changed to 25%. The change.will -be done. in .house. 4 2. Marisa Dean, Accounts Payable clerk with the town announced her resignation: Even though. she.was -with the. town only about 10 months, sheIllf made many good contributions_.and,.wil'l be.missed'. - 3. The.Council .building. needs.. to .be painted.. Next week painting on the building. will begin.-and..the. front. door. will.be' replaced:• 4. The town has received the tentative allocation -for $599,400 for the design and construction of the new parking ramp and the conversion of the vehicular parking area .to an aircraft. parking .ramp., Also,. the demolition of the old terminal .building...i's..par.t.of::this: .. t - 5. . Officer-.John_Smith is .one of ten officers in the state selected to attend 'Elie 14 week State Forensic Science Academy in Richmond. ' LEGISLATION • On a motion by Mrs. Hill .and .seconded, by Mr. Tolbert it was recommended that items a). an Ordinance.-amending Section 12'. 1-17 of the Personnel Manual to allow minimum overage of the maximum pay rate for a given grade; and b) an Ordinance_amending,.,the.Leesburg..Zoning..Map,. be .referred. back to. committee. , . for consideration.. Aye: Councilmembers. Bos, Curry, Hil�lt, -Kelley, Tolbert, Williams and Mayor Sevila Nay: None . On a..motion .by Mrs..•Hill. and..seconded,_by Mr.. Tolbert the .following ,. resolutions were unanimously adopted. as,.consent items:' 85-121 - RESOLUTION -. MAKING AN APPROPRIATION FOR $10,000. TO THE SOUTH HARRISONi:STREET:CAPITAL PROJECT FUND ' ' ' WHEREAS, the FY. 85_ budget. included..funds for park to. be .constructed . as a convituent element. of .the.:South_ilar.rison,.Street project;._ and . WHEREAS, when -bids, were -received., for. the .construction of_.the. park they were $10,000 more-.than.:originaliy..appropriated: - THEREFORE, RESOLVED by .the .Council. of..the. Town .of..Leesburg in Virginia, as follows: _ _ ... An appropriation is made to the expenditure Account 900-9300-700-093 , (Park) in the ,amount._of.$10,.000_-and..will.remain.in effect. until..the. project is completed. 85-122 .- RESOLUTION - AUTHORIZING .A CONTRACT. WITH JKJ CHEVROLET' FOR THE - - PURCHASE . OF:.POLICr.VEHICLE'S" WHEREAS, the purchase of police package equipped patrol vehicles under state contract is .the.most cost..effective-method .for, procuring. police vehicles; and. WHEREAS, a price of '$21 ,852. 14 is the state contract bid price for two police patrol. vehicles .under .state .contract .equipped,.with. required options; and- . , .. • WHEREAS, the -bid price is below the $24,000.00 appropriation for these vehicles: . JUL24.2 MINUTES OF JULY. 24, 1985 MEETING • 3 e THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is directed to issue a standard purchase order to JKJ Chevrolet of Vienna, Virginia for the purchase of two police ;patrol vehicles at a total cost of $21 ,852. 14. 85-123 - RESOLUTION - AUTHORIZING LEASE OF THE STEPHEN DONALDSON SILVERSMITH SHOP AT 14 WEST LOUDOUN STREET TO RETROSPECT LOUDOUN ARTISANS, INC'. FOR A TWO YEAR PERIOD RESOLVED by the Council .of. the Town of Leesburg in Virginia-as follows: The manager, on behalf of the town, shall enter into a two year lease with Retrospect. Loudoun.Artisans, Inc. for the Stephen Donaldson Silver- smith shop at 14 West Loudoun Street, beginning' August 1 , 1985, at a monthly rental of $250.00, subject toterms and, conditions outlined in the lease form transmitted to the Council on Jury 19, . 1985. 85-124 - RESOLUTION - AUTHORIZING PUBLICATION. OF A NOTICE OF PUBLIC HEARING ON' REZONING OZM-58 BY RICHLYNN -DEVELOPMENT, INC. CD NRESOLVED by the Council of the Town .of Leesburg in Virginia as follows: N ' W A notice of public hearingto consider rezoning ZM-58 by Richlynn CO Development, Inc. .to have rezoned from A-3 to PD-IP, 77.75765 acres of land Q located on the east and. west sides, of Route 643 and bounded by Smiley,. Saunders'and' ihe Town of Leesburg. on the north, 'O'-Flaherty, Richlynn Development Corporation and the.Town of Leesburg on. the south; the Town of Leesburg, Saunders and.•Janelle Aviation on the west and Smiley, O'Flaherty and the- County of Loudoun on the-east; shall be published in the Loudoun Times Mirror on August 22, 1985 and August 29, 1985 for public hearing on September- 11 , 1985 at 7:30 p.m. in .the- Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. . • 85-125 - RESOLUTION - AUTHORIZING A CONTRACT'WITH VIRGINIA POWER FOR THE NEW ELECTRICAL SERVICE..FOR THE LOUDOUN MUSEUM AND-THE MUSEUM ALLEY.. WHEREAS, the budget for the Fiscal-Year ending June. 30,. 1986 includes $10,000 for financial assistance 'to •the Loudoun Museum and the Museum annex: • THEREFORE, RESOLVED by the .Council .of -the•Town•"of Leesburg in Virginia as follows: The Manager shall enter, into a contract with Virginia Power Company /for the new electrical -service to the .Loudoun Museum and the Museum annex ,in accordance with..the memo- to -Council dated •July 11 , 1985. The Director of Engineering is authorized to work with the Loudoun Museum Board to solicit bids for the rewiring of the Museum and,-the Museum Annex which will be sub- mitted to Council for consideration -of. future town funding. • 85-126 —RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING A PERFORMANCE BOND AND APPROVING A MAINTENANCE BOND ,FOR THE `GOODYEAR SITE ON EAST MARKET STREET ' . WHEREAS, Bernard Carlton, developer of the Goodyear Site on East Market Street has completed--public.-improvements in. adcordapce with town .standards and specifications and these have been inspected and approved; THEREFORE, RESOLVED by._the-Councilof the .Town of Leesburg-in Virginia as follows: .. . .. SECTION I. The. publicimprovements for the Goodyear ,Site are accepted for public use by the. town. . , . SECTION' II-. Cash performance bond in the ainount''of $5',813• guaranteeing installation- of public improvements is released and a cash' maintenance bond in the amount of $300' is approved for one year from the date of this resolu- tion. • JUL24.3 4 MINUTES.OF JULY 24, 1.985 MEETING ' Aye: Councilmembers .Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None 85-127 - RESOLUTION - CANCELLING COUNCIL MEETING 'OF`AUGUST' 28, 1985 On a motion by Mr. Tolbert and..seconded by Mrs., Hill. the. following resolution was proposed and unanimously adopted: RESOLVED by the Council' of the. Town of Leesburg in Virginia as follows: Theregular. meeting of. the Leesburg. Town. Council. scheduled .for August 28', 1985 is cancelled. Aye: Councilmembers. Bos,, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila - Nay:- - None 85-128 - RESOLUTION - APPROVING THE EXTENSION OF'WATER AND 'SEWER FACILITIES TO PERSHING AVENUE EXTENDED AND TOWN PARTICIPATION IN THE- CONSTRUCTION OF'THE ASPHALTIC .CONCRETE' ROAD ' On a.motion by Mrs. Hill and seconded .by Mr. Bos the following , resolution was-.adopted after Mr..,Minor-..pointed .out some verbage changes. WHEREAS, Ken Peebles, the owner, of,Lots 7, 8, 9 and 10 of .Section I, of Fairview Subdivision,, has requestedthat the town allow extension. of.water and sewer. facilities. to.serve. adproposed..home .op- the. four ,lots; and . WHEREAS, the owner--further proposes to constructwater and sewer exten- sions and -a 36 foot -wide -paved rural street section all in accordance with town standards.and- construction. drawings,..to .be approved by .the. Director of , Engineering; and . WHEREAS, the. house,..would. be constructed on a portion of the recorded Fairview -Subdivision without existing- public improvements or any developer guarantee oto assure public improvements essential . to.public .health,. safety and.welfare; and ... . . . WHEREAS, a -number. ofundeveloped .lots exist north of the current ter- minus of the paved portion of Pershing Avenue for which future residential development. will require -a' coordinated approach to assure.adequate. public. facilties are available- to serve new .homes constructed in the-.subdivision; THEREFORE, RESOLVED by. the_ Council.of..the_Town of. Leesburg in- Virginia . . as follows: . . SECTION I. Water. and sewer.,extension. permits .for facilties to serve, lots 7, 8, 9- and. 10,. Section-.I, . of..Fairview Subdivision -are approved subject to the approval -by the •Director-. of Engineering of„plans. and specifications for water and sewer extensions -and the installation by the-owner of a 36 foot wide paved rural street section. for a minimum_distance. of 280. feet .from :the terminus of. the paved road .in.accordance with.Town Standards. , • • SECTION II. The. town..shall.-contr.ibute. from its general fund an amount equal to one_third of the cost of the •paved portion of the road extension for a distance of. approximately. 28O. feet, exclusive of materials Sand labor for the installations..and..compaction .of:. 21A .base_material-. : SECTION III.. The manager shall- prepare a reimbursement, agreement. for- future -consideration by the.Council. to establish a prorate charge--for owners of undeveloped lots adjacent to the utility ,extension to reimburse the owner for part of the costs. of. the extension of-water and. sewer .facilities at- the • time zoningpermits are- issued.,for..house construction. ' • Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None JUL24.4 • MINUTES OF JULY 24, 1985 MEETING NEW BUSINESS 85-0-16 - ORDINANCE - AMENDING CHAPTER 17, TAXATION AND LICENSES, OF THE TOWN CODE REGARDING DELINQUENT TAX- LIST ' • On a motion by Mrs. Hill and seconded by Mr. Boss the following ordi- nance was adopted. ORDAINED by the Council of the Town of Leesburg in Virginia as follows: • SECTION I. Section 17-5 of the..Town .Code. is amended to read as follows: Section 17-5. Delinquent. Tax List._ The Director of Finance, after ascertaining which of the taxes and _levies, assessed in the town-cannot4be;collected,- shall; not later than the first day of August in each year., make out lists.as follows: 1 . (1).. A list of. real estate on the commissioner 's land book impro- perly placed .thereon or..not ascertainable,, .with. the ,amount .of -taxes ' and levies charged..thereon. N (2) A list of other- real estate which is delinquent for 'the' non- W payment of_ the .taxes•.and.levies.thereon. . Q (3) A list of such of the taxes and levies.assessed on tangible personal property, machinery and tools and merchant's capital, -and - other subjects, of .local. taxation,. except. real estate, as heis unable. to collect. - (4) A list. of such-of. the. taxes on intangible personal property as he is unable .to. collect. - II The. said .lists. shall, conform to- the facts. as they existed on June 30 of each year.. .- .. A copy of each of the three lists mentioned in paragraphs (1), (2), and (3) in Section 58-978. of the 1950 Code of Virginia', as amended, shall be submitted by the Director 'of Finance to the. Council at the first meeting of the Council heldafter the Director of Finance shall have completed the lists.. The 'Council may direct the Director of Finance to certify-to- the, Commissioner ofJRevenuecfor-the• countra copy of the ,real •estate on the:commission-'-sjland .book improperly-placed thereon, or not, ascertainable. and the Commissioner of :the Revenue shall correct his land book.accordingly; and the-Director of 'Finance shall be given credit for the .entire amount of -the taxes and levies included in the list and. may destroy the. tax tickets made. out -to him-.for such taxes and levies. The Council shall cause -the lists mentioned in paragraphs (2) and (3) of the aforementioned Section 58-978, or. such parts thereof as deemed advisable, to be published. as provided therein-. When any town real -estate taxes-rare found to be- delinquent on July 1 of the year following -the -date payment was due, a list of the same shall be returned to the treasurer of the' county, of Loudoun arid be by him entered in -abook. furnished -by the town and kept in his .office, the form and manner of-entering the same to be-similar to that provided by law for the record of delinquent. taxes on real estate due to the County. In such book there shall also be columns in which shall be entered the names of the purchasers and the amount. and date of sales of real estate sold for delinquent..taxes . as provided by law. Until the taxes so found delinquent are entered in such record as herein provided, the real estate. shall not be liable :for town taxes as against purchasers for value and without notice. The real estate may be sold for town taxes, is hereinafter provided, whether owned by the , person in whose name :it was assessed or not. • SECTION III. All prior ordinances and resolutions, in conflict herewith are repealed. - JUL24.5 6 • - MINUTES..OF .JULY. 24„ 1985 MEETING "SECTION III-. This ordiriarice shall be in',effect -upon its passage. Aye: Councilmembers Boa, Curry, Hill,, Kelley, Tolbert, Williams and Mayor Sevila • Nay: None' • 85-129 - RESOLUTION•- APPOINTING AN.ANNEXATION AREA DEVELOPMENT POLICY COMMITTEE'... . .. After a brief explanation by Mr,. Minor on the necessity of having this policy .committee in .place,. on a motion .by Mrs. • Hill and seconded' by? i. Tolbert the following .resolution. was..unanimously adopted:. . u WHEREAS, the Annexation. Area Development. Policies (AADP's), an- integral part of. the Annexation'.Agreement. between-the County of-Loudoun and the-Town of Leesburg, provide for a joint policy committee composed of two represen- tatives'each of the town:andkcounty, to. .provide:a forum..for, 'discussion, nego- tiation and amendments.with..respect..to. the..AADP_'s; • and - WHEREAS, this Council ..appointed. Mayor Robert E. Sevila and vice Mayor Charles J.. Williams. to-meet with Board. members appointed' by-the county to discuss a boundary line•.adjustment•and:-AADP,,amendments to'accomu'od"atedthe proposed rezoning..of .the Beus .development„(Potomac: Crossing).; and, WHEREAS. the •boundary, line.adjustment..and,amendment to the .AADP' s -cannot be accomplished without .formal.'”review .by. the joint policy committee.- THEREFORE, RESOLVED by-the Council..of_ the Town of Leesburg:in Virginia , • Mayor Robert E. Sevila and Vice Mayor Charles J: Williams are -appointed to_ serve as the":town's. representatives to 'the:.AADP' s'joint 1policy. .committee for a period coterminous-with. the. terms on the; Council'." Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and • •'Mayor Sevila • • - • Nay: None • .Prior .to adjournment, Mr. Tolbert--requested that Mr.-.Whitmoresreceive a letter regarding .his lot on North' Street next. to the "United. Methodist Church. This .lot, is in,need. of..cleanup. On •a motion by Mrs. Hill and seconded by Mr. Williams, -the •meeting was adjourned' at 8:22 p.m. • • • . Mayor • • • i • Clerk -of uncil • • ' • • • • • • hl • JUL24.6