HomeMy Public PortalAbout1986_06_25 243'
MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 25, 1986
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10, Loudoun Street, SW, Leesburg, Virginia on June 25, 1986 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 Zoning
Administrator, Mark Nelis. Present were Mayor Robert E. Sevila; Council-
members Charles Bos, Arl Curry, Brian Kelley, Jerry Pelkey, John Tolbert,
Jr., and Charles Williams. Staff members present were Town Manager,
Jeffrey Minor, Director of Planning, Zoning and Development, Martha Mason-
Semmes, Director of Finance, Paul York, Director of Engineering and Public
Works, Tom Mason, Zoning Administrator, Mark Nelis, Town Attorney, George
Martin and Deputy Town Attorney, Deborah Welsh. Also in attendance were
Planning Commission Chairman, Lynnwood Lay, Commission members William
Webb, Mervin Jackson, James Clem and Marvin Belles.
PETITIONERS
Mayor Sevila presented a Certificate of Appreciation to David Newell,
Station Manager at WRC-TV4 and Community Services Director, Henry Osbourn
for featuring Leesburg in their "Live at Five" broadcast of May 8, 1986.
"Certificate of Appreciation to WRC-TV4 in appreciation for your
U) contribution to the betterment of the Town of Leesburg, the Mayor and Town
N Council hereby award this certificate for the "Live at Five" broadcast from
N Leesburg, May 8, 1986." The certificate was accepted by David Newell who
spoke highly of the treatment he received from our community.
W
CO JOINT PUBLIC HEARING WITH PLANNING COMMISSION ON HARRISON SQUARE SOUTH
a REZONING FROM B-2 TO R-4 MULTI-FAMILY
Mayor Sevila asked Planning Commission Chairman, Lynnwood Lay to
indicate whether there was a quorum present. He responded that yes, there
was a quorum. Mayor Sevila went on to welcome Jim Clem, newest member of
the Planning Commission.
The staff report was given by Town Manager, Jeffrey Minor. This
rezoning was initiated by the Council to assure that the CDBG grant is
achieved under its guidelines. One of the features of this grant was to
create low to moderate income housing which has been done through the
townhouse development in this area. The rezoning is necessary as an '
assurance that this development falls within the zoning regulations of the
town.
Since there was no comment from citizens in attendance, the public
hearing was closed at this point.
A motion was made by Mr. Williams that Council take action on this
item this evening after the Planning Commission has made its recommenda-
tion.
Mr. Minor indicated that no legislation had been prepared to adopt
this and that it could not be prepared this evening.
The previous motion was withdrawn by Mr. Williams who then moved that
this matter be deferred to the Finance and Administration Committee meeting
of July 1, 1986. The motion was seconded by Mr. Kelley.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and
Mayor Sevila
Nay: None
The Mayor then invited the Planning Commission to deliberate on this
issue at this time so that their recommendation could be presented to the
Finance and Administration Committee.
PUBLIC HEARING ON ADMENDMENTS TO THE SUBDIVISION AND LAND DEVELOPMENT
REGULATIONS REGARDING BONDING REQUIREMENTS
Zoning Administrator Mark Nelis presented the staff report on this
issue as follows: Because of lack of clarity in procedures for the
requirement of public improvements in subdivisions and developments, this
legislation, consistent with the State Code,expands present regulations and
addresses bonding of improvements in subdivisions and developments, proffered
improvements during rezoning and conditions imposed by the Board of Zoning
Appeals.
244 MINUTES OF THE JUNE 25, 1986 MEETING
Another item that was added is that banks issuing bonding must be
insured by the Federal Savings and Loan Insurance Corporation. Allowing the
Planning Commission to administratively approve public improvements under
$10,000 is also proposed.
At this point the Planning Commission returned from their
deliberations and recommended approval of the rezoning of Harrison Square
South from B-2 to R-4, multi-family.
Since there was no public comment on the issue of the bonding require-
1 ments, the public hearing was closed at this time.
On a motion by Mr. Williams and seconded by Mr. B�os1ry(�it was
e/j
recommended that this matter be referred to the FinancAdministration
Committee meeting of July 1 for further consideration.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None •
PUBLIC HEARING ON VACATION OF A PORTION OF OLD ROUTE 621
Martha Mason-Semmes reported that this item concerns vacation of a
portion of right-of-way of a piece of Route 621. This is located near the
intersection of Davis Avenue and South King Street. This right-of-way was
left after the road was relocated. There is no public purpose served by
maintaining this right of way.
Judge Carlton Penn the landowner of the area concerned, thanked
the staff for their recommendation on this matter.
Since there was no further public comment on this matter, the public
hearing was closed at this point and referred to Council level for
discussion.
On a motion by Mr. Tolbert and seconded by Mr. Williams, it was
recommended that the following ordinance be considered at this point,
though out of order, to make final decision on this matter.
86-0-26 - ORDINANCE - VACATING A PORTION OF OLD ROUTE 621
On a motion by Mr. Williams and seconded by Mr. Kelley, the following
ordinance was proposed and unanimously adopted:
WHEREAS, an application for vacation of a portion of Old Virginia
Route 621 right-of-way, comprising 5,427 square feet and located between
South King Street and the relocated section of Route 621 north of the Route
7 Bypass, as shown on a plat dated April 18, 1986, by Bengtson, DeBell,
Elkin and Titus, was filed by Carleton Penn and Lucas D. Phillips on May
14, 1986; and
WHEREAS, a public hearing on the proposed vacation was advertised and
conducted pursuant to Section 15.1-364 of the 1950 Code of Virginia, as
amended, on June 25, 1986; and
WHEREAS, the vacation of this portion of Old Route 621, which is no
longer needed for public street purposes, will not adversely affect the
public health, safety or general welfare:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. A portion of Old Virginia Route 621, comprising 5,427
square feet and located between South King Street and the relocated srction
of Route 621 north of the Route 7 Bypass, as shown on a plat dated April
18, 1986, by Bengtson, DeBell, Elkin & Titus, is vacated pursuant to
Section 15.1-364 of the 1950 Code of Virginia, as amended.
MINUTES OF THE JUNE 25, 1986 MEETING 24 5
SECTION II. The mayor shall execute a quit-claim deed on behalf of
the town releasing any rights, title and interest the town may have in the
portion of Old Route 621 right-of-way vacated herein.
SECTION III. The clerk shall provide the applicant with a certified
copy of this ordinance to be recorded by the applicant among the land
records of Loudoun County.
SECTION IV. This ordinance shall be in effect upon its passage.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
COUNCILMEMBER COMMENTS
Mr. Bos presented a brief report on Board of Architectural Review
T activity regarding last Friday's training session; also a subcommittee was
CD appointed to review the historic district portion of the zoning ordinance
N that was prepared by staff.
N
W Mr. Williams was among several representatives that went to Washing-
CO ton to lobby for the transfer of ownership of National and Dulles Airports.
He was hopeful that their efforts would be successful. He also attended
the BAR training session and felt it was very informative.
Mr. Curry reported on Planning Commission activity as follows:
approval of a development plan along East Market Street with conditions
which include rights-of-way for road widening and improvements in the area.
This is in the vicinity of the present Melodee Music store. Setbacks on a
major thoroughfare should be more precisely addressed. They also are
recommending approval of rezoning ZM-73 which is a 16 lot subdivision on
Lawson Road, with conditions. Final development plans for Prosperity Center
were also approved.
Mr. Tolbert also attended the lobbying efforts for the transfer of
ownership of the airports. He stated that the House Subcommittee met
yesterday and the first block of opposition from the legislator from
California was presented. He had hopes that this would not deter the
decision on this transfer bill too much. In an unrelated matter Mr.
Tolbert reported that he had seen a tank truck filling up with water and he
wanted to know if this water was being paid for by the company. Mr. Minor
stated that he would look into this.
Mayor Sevila commented that the Bluemont Concert series recently
kicked off its 1966 schedule last Sunday. The program was excellent and
the crowd was relatively large. The Council will need to schedule an
organizational meeting which is always held after .the 1st of July. The
Mayor is suggesting a July 1 meeting following the scheduled Finance and
Administration Committee meeting.
MANAGER'S REPORT
The Attorney General's Opinion has been received regarding the levying
of the transient occupancy tax in Leesburg. This opinion ruled in the
town's favor which means the county must stop collecting their tax in the
town limits once the town tax goes into effect.
The Carr tank has been repainted and put back into operation.
173 acres have been dedicated to the Park Authority in the Potomac
Crossing Development. This will be recorded in the land records office of
Loudoun County. The dedication was part of a proffer requirement for this
particular development.
1
248 MINUTES OF THE JUNE 25, 1986 MEETING
At this point there was a five minute recess.
The Mayor called the meeting back to order
LEGISLATION
On a motion by Mr. Kelley and seconded by Mr. Williams, the following
ordinances and resolutions were proposed and unanimously adopted:
86-0-27 - ORDINANCE - AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING
REVISED PAY AND CLASSIFICATION PLAN
ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Section 12.1-10 of the Town Code, Classification of town
employees by occupational group and pay grades, is amended to read as
follows:
Sec. 12.1-10. Classification of Town Employees by occupational
groups and pay grades.
Employees in the town service are classified in the following
occupational groups and pay grades:
Occupational Pay
Groups Positions Grade
Executive-Managerial Zoning Administrator/Land Develop-
ment Planner 17
Director of Utilities 21
Director of Finance 21
Director of Engineering and
Public Works 23
Assistant Director of Engineering
and Public Works 21
Director of Planning, Zoning &
Development 21
Assistant Town Manager 20
Law Enforcement Parking Meter Attendant 5
" Police Private 13
Private First Class 14
Corporal 15
Sergeant 16
Lieutenant 17
Captain 18
Chief of Police 20
Administrative-Clerical Receptionist/Secretary 6
Secretary 7
" Police Clerk 8
Accounting Clerk I 8
Accounting Clerk II 9
" Administrative Assistant 9
Zoning & Development Assistant 11
Executive Secretary 10
Accounting Supervisor 10
Clerk of Council 10
Deputy Clerk of Council/Planning
Secretary 7
Supervisory Shop Superintendent 15
Water Supply Superintendent 16
" Street Superintendent 16
Utility Lines Superintendent 16
WPCF Superintendent 16
Technical Utility Maintenance Assistant 7
Senior Equipment Operator 10
Finance Technician 9
" Utility Plant Operator Assistant 8
MINUTES OF THE JUNE 25, 1986 MEETING '2 47
Occupational Pay
Groups Positions Grade
Technical Assistant Street Superintendent 11
WPCF or Water Operator A 11
" WPCF or Water Operator B 10
Asst. Utility Lines Superintendent 11
Utility Plant Maintenance Foreman 12
Chemist 12
" Capital Projects Coordinator 15
Assistant WPCF Superintendent 12
Facility Inspector 14
Professional Engineer II 17
Principal Planner 17
" Planner I 14
Construction/Maintenance Laborer 6
Maintenance Person 7
Laborer, Part-time 4
" Mechanic 9
Fa)
N SECTION II. Section 12.1-15 of the Town Code, being the pay grades
N for compensation of employees in the town service, is amended to read as
follows:
CO Sec. 12.1-15. Pay grades and steps.
Q
The pay grades for compensation of employees in the town service are
as follows:
Grade Range
4 $10,032-15,061
'
5 10,735-16,116
6 11,492-17,252
7 12,303-18,468
8 13,168-19,766
9 14,061-21,091
10 15,034-22,551
11 16,089-24,120
12 17,224-25,823
13 18,441-27,662
14 19,739-29,609
15 21,118-31,691
16 22,605-33,908
17 23,201-36,288
18 25,904-38,856
19 27,716-41,588
20 29,663-44,508
21 31,745-47,617
22 33,962-50,943
23 36,342-54,513
SECTION III. All prior ordinances in conflict herewith are repealed.
SECTION IV. This ordinance shall be effective for payrolls in the
fiscal year beginning July 1, 1986.
86-123 - RESOLUTION - ESTABLISHING POSITIONS AND NUMBERS OF EMPLOYEES IN
THE TOWN'S SERVICE
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The following positions and numbers of employees in the town service
are established for the fiscal year beginning July 1, 1986.
248 MINUTES OF THE JUNE 25, 1986 MEETING
Number of Full-Time Equivalent
Positions Authorized Employees Authorized
LEGISLATIVE DEPARTMENT
Clerk of Council 1
Deputy Clerk (Part Time) .5
EXECUTIVE DEPARTMENT
Manager 1
Assistant Town Manager 1
Executive Secretary 1
Receptionist/Secretary, part-time .5
Administrative Assistant 1
Temporary .25
FINANCE DEPARTMENT
Director of Finance 1
Accounting Supervisor 1
Accounting Clerk I 2
Accounting Clerk II 1
Finance Technician 1
POLICE DEPARTMENT
Chief of Police 1
Captain 1
Lieutenant 2
Sergeant/Investigator 4
Corporal 4
Private, 1st Class 5
Private 5
Police Clerk 1
Parking Meter Attendant 1
ENGINEERING AND PUBLIC WORKS ADMINISTRATION
Director of Engineering & Public Works 1
Assistant Director of Engineering & Public Works 1
Administrative Assistant 1.5
ENGINEERING AND INSPECTIONS
Capital Projects Coordinator 1
Engineer II 2
Facility Inspector 3
Streets, Buildings and Grounds Division
Superintendent 1
Assistant Superintendent 1
Maintenance Person 6
Laborer 6
Laborer, temporary 1
Equipment Maintenance Division
Superintendent 1
Senior Equipment Operator 1
Mechanic 2
Laborer 1
MINUTES OF THE JUNE 25, 1986 MEETING 249
Number of
Positions Authorized Employees Authorized
PLANNING, ZONING AND DEVELOPMENT
Director of Planning, Zoning & Development 1
Zoning Administrator/Land Development Planner 1
Zoning and Development Assistant 1
Principal Planner 1
Planner I 1
Secretary .5
Receptionist/Secretary .5
UTILITIES
Water and Sewer Administration
Director of Utilities 1
Chemist 1
Maintenance Foreman 1
T Administrative Assistant .5
N Maintenance Assistant 1
N
W Water Pollution Control Division
CO Superintendent 1
Assistant Superintendent 1
Operator A 2
Operator B 1
Operator Assistant 1
Laborer 1
Laborer, part-time .25
Water Supply Division
Superintendent 1
Operator A 2
Operator B 1
Operator Assistant 1
Laborer, temporary .25
Utility Lines Division
Superintendent 1
Assistant Superintendent 1
Maintenance Person 2
Laborer 4
Laborer, temporary .25
TOTAL PERSONNEL AUTHORIZED
Full Time 97
Part-time or temporary (expressed as
equivalent to full time of total staffing
complement) 8
86-0-28 - ORDINANCE - AMENDING THE SUBDIVISION AND LAND DEVELOPMENT
REGULATIONS REGARDING PUBLIC UTILITY EASEMENTS
WHEREAS, on March 6, 1986, the Leesburg Planning Commission
recommended that Council initiate amendments to Section 13-61 and 13-76 of
the Subdivision and Land Development Regulations to require that all public
utility easements be illustrated on final subdivision plats in order to
ensure that public utility easements are generally located along rear lot
lines or within the public right-of-way; and
WHEREAS, the Council initiated these amendments on March 26, 1986; and
250 MINUTES OF THE JUNE 25, 1986 MEETING
WHEREAS, a joint public hearing was held by the Council and Planning
Commission regarding these amendments on April 23, 1986, in compliance with
Section 15.1-431 of the Code of Virginia, as amended; and
WHEREAS, the Planning Commission on May 1, 1986, recommended to
Council, approval of the proposed amendments with modifications; and
WHEREAS, these amendments are in the best interest of the public
health, safety and welfare:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Section 13-61 of the Leesburg Subdivision and Land
Development Regulations is amended to read as follows:
Sec. 13-61. Required Contents of Subdivision Plats.
(c) Final plat contents
(16) Location of public utility easements to provide water,
sanitary sewer, electrical, telephone, cable television
and/or natural gas service through the subdivision
and to individual lots, as provided in Sec. 13-76. The
applicant shall provide documentation from the respective
utility providers that such easement locations are
acceptable and appropriate.
SECTION II. Section 13-76 of the Leesburg Subdivision and Land
Development Regulations is amended to read as follows:
Sec. 13-76. Easements.
(a) Easements shall be provided where necessary for sanitary
sewer, water mains, gas mains, electrical lines, telephone
lines, cable television lines and other necessary services.
Water, sanitary sewer and gas lines may be located within
the public right-of-way. Telephone, electric and cable
television easements shall be centered along rear property
lines unless another location is deemed more appropriate by
the Planning Commission. Utility easements along rear lot
lines should be a minimum of 15 feet wide, or 20 feet wide
where lot lines adjoin. The location of all such easements
shall be indicated on final subdivision plats, as provided
1 in Sec. 13-61.
SECTION III. All prior ordinances in conflict herewith are repealed.
SECTION IV. This ordinance shall be in effect upon its passage.
86-124 - RESOLUTION - AUTHORIZING A STORM SEWER LICENSE AGREEMENT WITH
THE NORTHERN VIRGINIA REGIONAL PARR AUTHORITY AND
RAYMOND C. HAWRINS CONSTRUCTION, INC.
WHEREAS, the storm drainage improvements approved for the Tudor Knolls
Phase II development require a storm sewer easement across the W&OD bike
trail which is owned by the Northern Virginia Regional Park Authority; and
WHEREAS, the Town of Leesburg will be responsible for the maintenance
of the storm sewer culvert which crosses the W&OD bike trail; and
WHEREAS, permission to construct and maintain the required storm
drainage facilities across the W&OD bike trail will necessitate a three
party storm sewer license agreement:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
MINUTES OF THE JUNE 25, 1986 MEETING 2 5 1::
The Mayor is authorized to sign, on behalf of the town, the storm
sewer license agreement transmitted in a memorandum to the Council dated
June 13, 1986 in a form approved by the town attorney.
86-125 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON PROPOSED
ZONING MAP AMENDMENT ZM-76--A.C. ECHOLS, JR. , AND
J. LYNN CORNWELL, JR.
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
A Notice of Public Hearing to consider rezoning application 02M-76, by
A. C. Echols, Jr., and J. Lynn Cornwell, Jr., to revise the Leesburg
Zoning District Map to rezone from R-3 (townhouse) to B-2 (general
business) and R-4 (multi-family), 818 acres of land located south of the
intersection of Shenandoah Street, SW, and Roanoke Drive and bounded by
Virginia Knolls, Section 2 on the northeast, the land of NV Land on the
south, the land of Hakim Associates on the west and the land of Leesburg
Gateway and Leesburg Station on the east, shall be published in the Loudoun
U) Times Mirror on July 24, 1986, for public hearing on August 13, 1986 at
N 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg,
N Virginia.
WCO 86-126 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON PROPOSED
Q ZONING MAP AMENDMENT ZM-71--SYDNEY E. ALBRITTAIN,
TRUSTEE
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
A Notice of Public Hearing to consider rezoning application UM-71, by
Sydney E. Albrittain, Trustee, to revise the Leesburg Zoning District Map
to rezone from A-3 to Town B-1, 8.4247 acres of land located on the south
side of Clubhouse Drive and west of Route 15 (South King Street) on a
portion of the land of the Leesburg Westpark Motel and golf course shall be
published in the Loudoun Times Mirror on July 3, 1986 and July 10, 1986 for
public hearing on July 23, 1986 at 7:30 p.m. in the Council Chambers, 10
Loudoun Street, SW, Leesburg, Virginia.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
86-0-29 _ ORDINANCE - AMENDING THE CODE OF THE TOWN OF LEESBURG, VIRGINA
AS AMENDED, BY THE ADDITION OF ARTICLE V "TRANSIENT
OCCUPANCY TAX", TO CHAPTER 17 "TAXATION AND LICENSES"
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
ordinance was proposed and unanimously adopted:
WHEREAS, the Town of Leesburg under Paragraph 3.1 of its Charter and
Paragraph 15.1-841, Code of Virginia (1950) , as amended, is authorized to
enact taxes on property and other lawful subjects such sums of money as in
the judgment of the Town Council are necessary to pay the debts, defray the
expenses, accomplish the purposes and perform the functions of the town;
and
WHEREAS, Paragraph 58.1-3840, Code of Virginia (1950), as amended, and
the aforesaid authority, the town is authorized to levy a tax upon each
transient obtaining lodging within the town; and
WHEREAS, this Council deems the levy of such a tax on transient
lodging necessary to pay the debts, defray the expenses, accomplish the
purposes and perform the functions of the town; and
WHEREAS, a public hearing was held on June 11, 1986 as required by the
Town Code:
252 MINUTES OF THE JUNE 25, 1986 MEETING
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Town Code is amended by adding an article to be
numbered Article V which said article reads as follows:
ARTICLE V. TRANSIENT OCCUPANCY TAX
Section 17-111. Definitions.
For the purpose of this Article, the following words and phrases shall
have the meanings respectively ascribed to them by this section unless the
context clearly indicates a different meaning:
(a) Director of Finance. The Director of Finance of the Town of
Leesburg and any of his duly authorized agents.
(b) Hotel. Any public or private hotel, inn, hostelry, tourist home
or house, motel, rooming house or other lodging place within the town,
offering lodging, as defined in this section, for compensation to any
transient, as hereinafter defined in this section.
(c) Lodging. Room or space furnished any transient.
(d) Person. Any individual, corporation, company, association,
firm, co-partnership, or any group of individuals acting as a unit.
1
(e) Transient. Any person who, for a period of not more than ninety
consecutive days, either at his own expense or at the expense of another
obtains lodging or the use of any space at any hotel, for which lodging or
use of space a charge is made.
Section 17-112. Tax Imposed; Amount.
There is hereby imposed and levied, in addition to all other taxes and
fees of every kind imposed by law, on each transient obtaining lodging or
the use of space at any hotel, a tax at a rate of three percent of the
total amount paid for such lodging or the use of space by or for any such
transient to any hotel. Such tax shall be collected from such transient at
the time and in the manner provided by this article.
Section 17-113. Collection from Transients; When Payable.
Every person receiving any payment for lodging or the use of space
with respect to which a tax is levied under this article shall collect the
amount of such tax so imposed from the transient on whom such tax is
levied, or from the person paying for such lodging, at the time payment for
such lodging is made. The taxes required to be collectd under this article
shall be deemed to be held in trust by the person required to collect such
taxes until the same shall have been remitted to the Director of Finance.
Section 17-114. Reports and Remittances.
The Director of Finance shall require all prospective hotels licensed
to do business in the town to register for collection of the tax imposed by
this article. Every hotel shall make a report to the town for each
calendar quarter, showing the amount of charges collected for room receipts
and the amount of tax required to be collected. The quarterly reports
shall be made on forms prescribed by the Director of Finance and shall be
delivered to the Director of Finance on or before the twentieth day of the
calendar month following the quarter being reported. Each report shall be
accompanied by a remittance of the amount of tax due, made payable to the
town.
Section 17-115. Discount.
For the purpose of compensating individuals for the collection of the
tax imposed by this article, every individual shall be allowed five percent
of the amount of the tax due and accounted for in the form of a deduction
253
MINUTES OF THE JUNE 25, 1986 MEETING
on his or her quarterly return; provided, the amount due is not delinquent
at the time of payment.
Section 17-116. Penalty and Interest for Nonremittance.
If any person shall fail or refuse to report or remit to the Director
of Finance the tax required to be collected and paid under this article
within the time and in the amount as provided for in this article, there
shall be added to such tax by the Director of Finance, a penalty in the
amount of ten percent thereof and interest thereon at the rate of ten
percent per annum, which shall be computed upon the tax and penalty from
the date such taxes were due and payable.
Section 17-117. Failure to Collect and Report Tax.
If any person shall fail or refuse to collect the tax imposed under
this article and to make within the time provided in the article, any
report and remittance required, the Director of Finance shall proceed in
vJ such manner as he may deem best to obtain facts and information on which to
base the tax due. As soon as the Director of Finance shall secure the facts
V^ ' and information as he is able to obtain upon which to base the assessment
� of any tax due and payable by any person who has failed or refuses to
COcollect such tax, and to make such report and remittance, he shall proceed
W to determine and assess against such person such tax and penalty and
Q interest as provided for in this article, and shall notify such person by
registered mail, sent to his last place of known address, the amount of
such tax and penalty and interest, and the total amount thereof shall be
payable within ten days of mailing such notice. The Directorof Finance
shall have the power to examine such records for the purpose of
administering and enforcing the provisions of this article as are provided
by law.
111
Section 17-118. Records; Inspection by Director of Finance.
It shall be the duty of every person liable for the collection and
payment to the town of any tax imposed by this article to keep and preserve
for a period of two years, such suitable records as may be necessary to
determine the amount of such tax as he may have been responsible for
collecting and paying to the town. The Director of Finance shall be
authorized to examine such records at reasonable times without unreasonable
interference with the business of such person, for the purpose of
administering and enforcing the provisions of this article.
Section 17-119. Cessation of Business; Tax Due Immediately.
Whenever any person required to collect and pay to the town a tax
imposed by the article shall cease to operate, go out of business, or
otherwise dispose of his business, any tax then payable to the town shall
become immediately due and payable and such person shall immediately make a
report and pay the tax due to the Director of Finance.
Section 17-120. Advertising payment or absorption of tax prohibited.
No hotel shall advertise or hold out to the public in any manner,
directly or indirectly, that all or any part of a tax imposed under this
article will be paid or absorbed by the seller or anyone else, or that the
seller or anyone else will relieve any purchaser of the payment of all or
any part of the tax.
Section 17-121. Exceptions.
No tax shall be payable hereunder with respect to any payment for
lodging or the use of space paid by or for any federal, Commonwealth of
Virginia, or Town of Leesburg official or employee when on official
business.
254
MINUTES OF THE JUNE 25, 1986 MEETING
Section 17-22. Violations; Penalty
It shall be unlawful and constitute a misdemeanor for any person to
violate any of the provisions of this article. Any conviction of violation
of any of the provisions of this article shall be punishable by a fine of
not less than ten dollars ($10.00) nor more than five hundred dollars
($500.00), or imprisonment for up to thirty (30) days, or both. Each day
any such violation of the provisions of this article shall continue shall
constitute a separate offense.
Section 17-123. Regulations.
(1) The Director of Finance may issue regulations for the adminis-
tration and enforcement of this article not in conflict with this article.
(2) The provisions of this article are hereby declared to be
severable. If any clause, sentence, paragraph, or part of this article
shall for any reason be adjudged to be invalid, such invalidity shall not
affect the parts which are not adjudged invalid.
SECTION II. All prior ordinances and resolutions in conflict herewith
are repealed.
SECTION III. This ordinance shall become effective July 1, 1986.
By a roll call the vote on this ordinance was as follows:
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
30 86-0-32 - ORDINANCE - AMENDING THE CODE OF THE TOWN OF LEESBURG, VIRGINIA,
AS AMENDED, BY THE ADDITION OF ARTICLE IV "MEALS TAX"
TO CHAPTER 117 "TAXATION AND LICENSES" IN ORDER TO
IMPOSE A TAX ON PREPARED FOODS SERVED IN RESTAURANTS
OR ELSEWHERE AND BY CATERERS
On a motion by Mr. Williams and seconded by Mr. Kelley, the following
ordinance was proposed and adopted:
WHEREAS, the Town of Leesburg, under paragraph 3-1 of its Charter and
paragraph 15.1-841, Code of Virginia (1950), as amended, is authorized to
enact taxes on property and other lawful subjects as in the judgment of
the Town Council are necessary to pay the debts, defray the expenses,
accomplish the purposes and perform the functions of the town; and
WHEREAS, under paragraph 58.1-3840, Code of Virginia (1950) as
amended, and the aforesaid authority, the town is authorized to levy a tax
upon prepared food consumed within the town; and
WHEREAS, this Council deems the levy of such a tax on prepared food
necessary to pay the debts, defray the expenses, accomplish the purposes
and perform the functions of the town; and
WHEREAS, a public hearing was held on June 11, 1986 as required by the
Town Code:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Town Code is amended by adding an article to be
numbered Article IV, which said article reads as follows:
MINUTES OF THE JUNE 25, 1986 MEETING 255
ARTICLE IV - MEALS TAX
Section 17-95. Definitions
For the purposes of this article the following words or phrases shall
have the meanings respectively ascribed to them by this section:
Caterer. A person who furnishes meals on the premises of another,
for compensation.
Director of Finance. The Director of Finance of the Town of Leesburg
and any of his duly authorized agents.
Meals. Any prepared food and food and drink, including alcoholic
beverages offered or held out for sale by a restaurant or caterer for the
purpose of being consumed by an individual or group of individuals along
with prepared food at one time to satisfy the appetite. All such food and
food and drink shall be included, whether intended to be consumed on the
101 seller's premises or elsewhere, whether designated as breakfast, lunch,
dinner, supper or by some other name, and without regard to the manner,
N time or place of service.
N Restaurant. Any place or thing in the town from which or in which
CO
meals are sold, including but not limited to places of business known as
W bars, cafes, cafeterias, coffee shops, clubs, delicatessens, diners, dining
Q rooms, eateries, grills, lunch counters, restaurants, snack bars, grocery
stores, convenience stores, vending machines and places where vending
machines are located. "Restaurant" also means push carts or other mobile
facilities from which meals are sold or furnished.
Seller. Any person, including a restaurant owner and caterer, who
sells or offers for sale a meal, and who is required to have a restaurant
operator's permit issued by the Loudoun County Department of Environmental
111
Health.
Section 17-96. Levy of Tax
In addition to all other taxes and fees of any kind now or hereafter
imposed by law, a tax is hereby imposed and levied on each and every
purchaser of each and every meal served, sold or delivered in the town by a
restaurant or caterer at the rate of two percent of the amount paid for the
meal. There shall be no tax if the total amount paid is fifty cents or
less; on larger amounts a fractional cent of tax due shall be rounded to
the next higher cent.
Section 17-97. Payment and collection of tax.
The tax shall be collected by the seller and paid by the purchaser at
the time the charge for the meal becomes due and payable, whether payment
• is to be made in cash or on credit by means of a credit card or otherwise.
The seller shall add the tax to the amount charged for the meal, and shall
pay the taxes collected to the town as provided in this article.
Section 17-98. Collections in trust for the town.
All amounts collected by the seller as taxes under this article shall
be deemed to be held in trust by the seller collecting them until remitted
to the town as provided by this article.
Section 17-99. Reports and Remittances.
The Director of Finance shall require all prospective sellers of meals
licensed to do business in the town to register for collection of the tax
imposed by this article. Every seller shall make a report to the town for
each calendar quarter, showing the amount of charges collected for meals
and the amount of tax required to be collected. The quarterly reports
shall be made on forms prescribed by the Director of Finance and shall be
signed by the seller. The report shall be delivered to the Director of
256 MINUTES OF THE JUNE 25, 1986 MEETING
Finance on or before the twentieth day of the calendar month following the
quarter being reported. Each report shall be accompanied by a remittance
of the amount of tax due, made payable to the town.
Section 17-100. Discount.
For the purpose of compensating sellers for the collection of the tax
imposed by this article, every seller shall be allowed five percent of the
amount of tax due and accounted for in the form of a deduction on his or
her quarterly return; provided, the amount due is not delinquent at the
time of payment.
Section 17-101. Penalty and Interest.
If any person whose duty it is to do so shall fail or refuse to make
the report or remit the tax required by this article within the time and in
the amount required, there shall be added to the tax by the Director of
Finance a penalty in the amount of ten percent of the tax, and interest
thereon at the rate of ten percent per annum, which shall be computed upon
the tax and penalty from the date such were due and payable.
Section 17-102. Procedure when tax not reported or collected.
If any person whose duty it is to do so shall fail or refuse to
collect the tax imposed under this article and make timely report and
remittance thereof, the Director of Finance shall proceed in such manner as
is practicable to obtain facts and information on which to base an estimate
of the tax due. As soon as the Director of Finance has procured whatever
facts and information may be obtainable, upon which to base the assessment
of any tax payable by any person who has failed to collect, report or remit
such tax, the Director of Finance shall proceed to determine and assess
against such nerson the tax, penalty and interest provided in this article,
and shall notify the person by registered mail sent to his or her last
known address, of the amount of such tax, penalty and interest. The total
amount thereof shall be payable ten days after the date such notice is
sent.
Section 17-103. Preservation of records.
It shall be the duty of every person liable for collection and
remittance of the taxes imposed bythis article to preserve for a period of
two years records showing all purchases taxable under this article, the
amount charged the purchaser for each such nurchase, the date thereof, the
taxes collected thereon and the amount of tax required to be collected by
this article. The Director of Finance shall be authorized to examine such
records at reasonable times and without unreasonable intereference with th-
business of such person, for the purpose of administering and enforcing
the provisions of this article and to make transcripts of all or any parts
thereof.
Section 17-104. Duty of person going out of business.
Whenever any person required to collect and remit to the town any tax
imposed by this article shall cease to operate or otherwise_dispose of his
or her business, the tax shall immediately become due and payable, and the
person shall immediately make to the Director of Finance a report and
remittance thereof.
Section 17-105. Advertising payment or absorption of tax prohibited.
No seller shall advertise or hold out to the public in any manner,
directly or indirectly, that all or any part of a tax imposed under this
article will be paid or absorbed by the seller or anyone else, or that the
seller or anyone else will relieve any purchaser of the payment of all or
any part of the tax.
MINUTES OF THE JUNE 25, 1986 MEETING 257
Section 17-106. Tips and service charges.
Where a purchaser provides a tip for any employee of a seller, and the
amount of the tip is wholly in the discretion of the purchaser, the tip is
not subject to the tax imposed by this article, whether paid in cash to the
employee or added to the bill and charged to the purchaser's account,
provided, in the latter case, the full amount of the tip is turned over to
the employee by the seller.
An amount or percentage, whether designated as a tip or a service
charge, that is added to the price of a meal by the seller, and required to
be paid by the purchaser, is a part of the selling price of the meal and is
subject to the tax imposed by this article.
Section 17-107. Exemptions.
The following classes of transactions involving meals shall not be
subject to tax under this article:
(a) Meals furnished by restaurants to employees as part of their
^ ' compensation when no charge is made to the employee.
l VC\.1
V' (b) Meals sold by public or private elementary or secondary schools
WW to their students or employees.
(c) Meals furnished by a hospital, medical clinic, convalescent
home, nursing home, home for the aged, infirm or handicapped
or other extended care facility to patients or residents
thereof.
(d) Meals furnished by a non-profit charitable organization to
elderly, infirm, handicapped or needy persons in their homes
or at central locations.
111 (e) Meals sold by a non-profit educational, religious, charitable
or benevolent organization on an occasional basis as a fund-
raising activity.
(f) Any other sale of a meal which is exempt from taxation under
the Virginia Retail Sales and Use Tax Act, or administrative
rules and regulations issued pursuant thereto.
Section 17-108. Enforcement.
(a) It shall be the duty of the Director of Finance to ascertain
of every seller in the town, liable for the collection of the
tax imposed by this article, who fails, refuses or neglects
to collect such tax or to make the reports and remittances
required by this article. The Director of Finance may have
issued a summons for such person, and the summons may be
served upon such person by any town police officer in the
manner provided by law and the Director of Finance may seek
a conviction or other civil remedy, including injunction,
against such person.
(b) In the event the purchaser of any meal refuses to pay the
tax imposed by this article, the seller may call upon the
police department for assistance; and the investigating officer
may, when probable cause exists, issue the purchaser a summons
returnable to the general district court as provided by law.
Section 17-109. Violations.
It shall be unlawful and constitute a misdemeanor for any person to
violate any of the provisionsOof this article. Any conviction or violation
of any of the provisions in this article shall be punishable by a fine of
not less than ten dollars ($10.00) nor more than five hundred dollars
($500.00) , or imprisonment for up to thirty (30) days, or both. Each day
258 MINUTES OF THE JUNE 25, 1986 MEETING
any such violation of the provisions of this article shall continue
constitutes a separate offense.
Section 17-110. Regulations.
The Director of Finance may issue regulations for the administration
and enforcement of this article not in conflict with this article.
SECTION II. The provisionsof this article are hereby declared to be
severable. If any clause, sentence, section or part of this ordinance
shall for any reason be adjudged to be invalid, such invalidity shall not
affect the parts which are not adjudged to be invalid.
SECTION III. All prior ordinances and resolutions in conflict
herewith are repealed.
SECTION IV. This ordinance shall become effective January 1, 1987.
The mayor commented that many restaurant owners are relieved that at
least this is not going into effect until after the turn of the year. It
will, of course, mean more detailed bookkeeping for the establishments.
Mr. York, Director of Finance, added that the town will be willing.to help
the establishments in any way it can.
By roll call vote the ordinance was adopted as follows:
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Williams and
Mayor Sevila
Abstain: Councilmember Tolbert
Nay: None
86-127 -. RESOLUTION - APPROVING THE BUDGET AND MAKING APPROPRIATIONS FOR
THE FISCAL YEAR ENDING JUNE 30, 1987
On a motion by Mr. Tolbert and seconded by Mr. Williams, the following
resolution was proposed and adopted:
I WHEREAS, the budget and tax rate for the fiscal year ending June 30,
1987 have been presented and reviewed by this Council; and
WHEREAS, this Council approved a tentative budget and tax rate for the
fiscal year ending June 30, 1987; and
WHEREAS, a public hearing on the tentative budget and tax rate was
held on May 28, 1986; and
WHEREAS, the manager has prepared the Revised Budget and Initial
Appropriations for the fiscal year ending June 30, 1987 dated June 25, 1986
and filed the same with the Clerk of Council:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The revised Budget dated June 25, 1986 amended to reflect
adjustments contained in a memorandum to the Council dated June 13, 1986 is
adopted and appropriations are made for the fiscal year ending June 30,
1987 in the amounts shown to the categories and accounts under the "FY 1987
Initial Appropriations" column for the general, utility, airport, and
capital projects funds, provided that capital project fund appropriations
remain in effect until the projects are completed.
SECTION II. The manager is authorized oto transfer appropriations made
herein to operations and maintenance accounts within the same budget
division.
MINUTES OF THE JUNE 25, 1986 MEETING 259
Mr. Williams commended the staff for the fine job they did in the
preparation of the budget and also for the in-depth meetings that explained
the reasons for various budget items. He feels that the constituents are
in support of the budget and he gives the budget his support.
Mr. Kelley has some reservations in this budget in the area of capital
improvements and thanked the staff for going to great lengths to discuss
the areas of concern with him. He again has some question about the
municipal building and parking garage complex, but feels that the approach
the staff is using in regard to a questionnaire and soliciting citizen
input is a positive step toward a compatible solution. He commended the
staff for some of the innovative methods in which they saved capital
project dollars by combining some projects. He does support the budget.
Mr. Curry supports the budget.
Mr. Tolbert supports the budget.
T Mr. Pelkey commended staff and Council on the work put into this
VJ year's budget and supports it.
N Mr. Bos supports the budget saying that it is a very ambitious
UJ document and even though there was some disagreement, a compatible
agreement was reached. Physically he said it was the nicest document he
has seen in a long time.
Mayor Sevila also commended staff on the excellent document and the
supporting documents of the budget. He also mentioned the amicable
compromises reached during the budget discussions. He was proud to also
support the budget.
By a roll call vote, the budget was approved as follows:
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
86-0-31 - ORDINANCE - ESTABLISHING COMPENSATION OF THE MAYOR AND COUNCIL
AFTER JULY 1, 1986
On a motion by Mr. Williams and seconded by Mr. Kelley, the following
1 ordinance was proposed and adopted:
WHEREAS, annual compensation of the mayor and councilmembers has been
$6,000 and $4,200, respectively, since July 1, 1984:
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:
Section 2-91. Mayor and councilmembers' salaries.
Compensation of the mayor and members of council, after July 1,
1986, shall be $7,500 and $6,000 per annum, respectively, payable in
equal monthly installments.
SECTION II. This ordinance shall be in effect July 1, 1986.
SECTION III. All prior ordinances and resolutions in conflict
herewith are repealed.
Mr. Williams stated that with the increased activities of the council
that raising compensation is timely.
Mr. Bos said that although activities have increased he does not feel
that compensation should be increased and does not support this.
260 ' MINUTES OF THE JUNE 25, 1986 MEETING
M . Tolbert feels that additional compensation may be warranted, but
that this ordinance raises it too much and is in opposition to it.
Mayor Sevila said his concerns -were that service on the town council
is not a job and that the pay received should not be viewed as
compensation. It is more an honorarium for the time put into it. He feels
that the present amount paid is adequate. The time put in should not be
considered as time that should be compensated. This is community service.
The combined increase of 1984 and this proposed raise equals almost 150%
increase. In comparison to other jurisdictions this proposed compensation
is high for mayor and council, not only in the Northern Virginia area but
for the entire state. He does not support this item.
By a roll call vote the ordinance was approved as follows:
Aye: Councilmembers Curry, Kelley, Pelkey and Williams
Nay: Councilmembers Bos, Tolbert and Mayor Sevila
86-0-32 - ORDINANCE - ESTABLISHING COMPENSATION OF THE CHAIRMAN AND MEMBERS
OF THE PLANNING COMMISSION AFTER JULY 1 1986
On a motion by Mr. Williams and seconded by Mr. Kelley, the following
ordinance was proposed and adopted:
WHEREAS, annual compensation of the chairman and members of the
Planning Commission has been $1,950 and $1,800 per annum, respectively,
since July 1, 1983:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Section 13-17 of the Town Code is amended to read as
follows:
Sec. 13-17. Compensation of members; reimbursement for
Pexpenses.
(a) Compensation of the chairman of the town planning commission
after July 1, 1986 shall be $3,150.00 per annum, payable in equal
monthly installments.
(b) Compensation of members of the town planning commission
after July 1, 1986 shall be $3,000.00 per annum, payable in equal
monthly installments.
(c) Members of the town planning commission shall be reim-
bursed for actual expenses incurred in the exercise of their
functions.
SECTION II. All prior ordinances and resolutions in conflict herewith
are repealed.
Mr. Williams again stated his support for this legislation. He feels
that the additional workload of the planning commission justifies an
increase in their compensation. He commended the fine job done by the
Planning Commission.
Mr. Pelkey said that the amount of time put in by both the Council and
Planning Commission cannot be adequately compensated. He went on to say
that if a member of either does not wish to receive additional
compensation, perhaps they could donate it to a worthwhile community cause.
He supports this increase.
Mr. Curry promoted this increase for the Planning Commission. The
time that must be put in has drastically increased in the last two years
and this additional compensation is timely. He supports the increase.
MINUTES OF THE JUNE 25, 1986 MEETING 261
Mr. Tolbert also agreed that much time is spent by the planning
commission and that this increase is justified.
Mr: Bos feels that the Planning Commission is doing a fine job but he
does not support the increase at this time.
Mayor Sevila stated his satisfaction with the Planning Commission and
the time they are devoting to their obligation. He, however, does not
support the increase at this time keeping in line with his reasons for not
supporting the Councilmember's increase. He again stated that this is
community service and not a job.
By roll call vote, this ordinance was approved as follows:
Aye: Councilmembers Curry, Kelley, Pelkey, Tolbert and Williams
Nay: Councilmember Bos and Mayor Sevila
T It was requested that the ordinance amending Article VIII of the Town
CDCode with respect to the Environmental Advisory Commission be referred back
I `\,J to the committee level for further consideration.
N
W 86-128 - RESOLUTION - ACCEPTING THE DONATION OF LAND BY WILLIAM F. RUST,
COE,, AND MARGARET D. RUST, HIS WIFE FOR THE REMAINDER
1J OF IDA LEE PARK
On a motion by Mr. Williams and seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
WHEREAS, William F. Rust, Jr., and Margaret D. Rust, his wife, have
offered to donate 77.3451 acres of land lying on the east side of Old
Waterford Road and north of Union Cemet ry to the town for public park and
recreational purposes; and
WHEREAS, this parcel is the second of two tracts of real estate
comprising 138.0451 acres which Mr. and Mrs. Rust will have given to the
Town of Leesburg during 1985 and 1986, to be used and maintained as a
public park known as "Ida Lee Park" of Leesburg, Virginia; and
WHEREAS, this Council wishes to accept this gracious deed of gift and
dedication:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
1
SECTION I. The donation of the 77.3451-acre parcel shown on a plat
prepared by Bengtson, DeBell, Elkin & Titus, dated December 3, 1985,
revised April 23, 1986, to the Town of Leesburg by William F. Rust and
Margaret D. Rust, his wife, is accepted.
I
SECTION II. The Mayor is authorized to acknowledge this'acceptance,
on behalf of the town, by executing the deed of gift and dedication, which
has been reviewed and approved by the Town Attorney, as transmitted to the
Council by memorandum dated June 13, 1986. The Clerk shall attest the
Mayor's signature.
SECTION III. On behalf of the citizens of the Town of Leesburg; this
Council extends its sincere appreciation to Mr. and Mrs. Rust for this
generous donation of future parkland in honor of Mrs. Ida Lee Rust.
Mr. Williams stated that as a member of the Parks and Recreation
Commission he is very appreciative of this gift.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and
Mayor Sevila
Nay: None
262 MINUTES OF THE JUNE 25, 1986 MEETING
,The Mayor did ask that an appreciation ceremony be considered at the
next Finance and Administration Committee meeting for the Rusts.
86-129 - RESOLUTION - ACCEPTING A REVERSIONARY INTEREST IN THE DONATION
OF LAND BY WILLIAM F. RUST, JR. TO THE COUNTY LIBRARY
BOARD
On a motion by Mr. Kelley and seconded by Mr. Bos, the following
resolution was proposed and unanimously adopted:
WHEREAS, William F. Rust, Jr., has offered to donate a three-acre
parcel of land adjacent to Ida Lee Park to the Loudoun County Library Board
for a public library facility; and
WHEREAS, the proposed deed of dedication for this donation includes a
reverter clause to the Town of Leesburg should the conditions of the
dedication not be honored; and
WHEREAS, the deed provides that the town accept this_reversionary
interest through a formal resolution of the Town Council; and
WHEREAS, acceptance of reversionary interest in the library land is in
the best interests of the health, safety and welfare of the citizens of
Leesburg:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. A reversionary interest t0 the town in the three-acre
public library site to be dedicated by William F. Rust, Jr., and Margaret
D. Rust to the Loudoun County Library Board, as shown on a plat prepared by
Bengtson, DeBell, Elkin & Titus, dated April 22, 1986, is hereby accepted.
SECTION II. The Mayor is authorized to acknowledge this acceptance, '
on behalf of the town, by executing the appropriate deed of gift and
dedication, as transmitted to the Council by memorandum dated June 13,
1986. The clerk shall attest to the Mayor's signature.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
86-130 - RESOLUTION - AUTHORIZING TRANSFER OF FUNDS FROM THE GENERAL
FUND CONTINGENCY RESERVE
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia that a
transfer of funds from the General Fund Contingency Reserve account to the
following General Fund accounts in the amounts indicated is hereby
authorized for the fiscal year ending June 30, 1986.
ACCOUNT NUMBER DESCRIPTION AMOUNT
TOWN COUNCIL
200-1101-300-010 Contractual Services $2,300.00
200-1101-530-070 Public Officials Liability 1,725.00
TOWN MANAGER
200-1201-300-010 Contractual Services $7,500.00
200-1201-550-010 Travel and Training 1,500.00
263
MINUTES OF THE JUNE 25, 1986 MEETING
ACCOUNT NUMBER DESCRIPTION AMOUNT
PERSONNEL
200-1202-300-010 Contractual Services $2,000.00
200-1202-540-010 Materials and Supplies 1,000.00
200-1202-550-010 Travel and Training 1,000.00
200-1202-580-010 Dues and Memberships 500.00
TOWN ATTORNEY
200-1204-300-010 Legal Services $30,000.00
ENGINEERING
200-3401-300-010 Contractual Services $3,000.00
T PUBLIC WORKS ADMINISTRATION
V)
N^ ' 200-4101-300-010 Contractual Services $2,000.00
PLANNING
W
CO 200-8101-300-010 Contractual Services $9,000.00
Cr
$61,525.00
It was requested that the resolution authorizing a contract with DSR
M-intenance Corporation to provide the town with janitorial services be
removed from this evening's agenda. This matter must be rebid and will be
reconsidered at the committee level in August.
1NEW BUSINESS
1
86-131 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND
APPROVING WATER AND SEWER EXTENSIONS FOR THE CHESTER-
FIELD DEVELOPMENT
On a motion by Mr. Williams and seconded by Mr. Bos, the following
resolution was proposed and unanimously adopted:
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 (Form PC-2) with Market Square Associates, Inc., of Leesburg,
Virginia, for installation of public improvements shown on the plans
approved by the Director of Engineering for the Chesterfield Development.
SECTION II. The extension of municipal water and sewer works for the
Chesterfield Development is approved in accordance with Section 15-9 and 19-
18 of the Town Code.
SECTION III. An irrevocable bank letter of credit in a form approved
by the Town Attorney from Equitable Federal Savings Bank in the amount of
$81,752 is approved as security to guarantee installation of the public
improvements shown on plans approved by the Director of Engineering for the
Chesterfield Development.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
264 MINUTES OF THE JUNE 25, 1986 MEETING
86-132 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS
AND APPROVING WATER AND SEWER EXTENSIONS FOR THE
HERITAGE PARK DEVELOPMENT
On a motion by Mr. Williams and seconded by Mr. Bos, the following
resolution was proposed and unanimously adopted:
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 (Form PC-2) with HO-WAR Plumbing Corporation, Springfield,
Virginia for installation of public improvements shown on the plans
approved by the Director of Engineering for the Heritage Park Development.
SECTION II. A corporate surety bond in a form approved by the Town
Attorney from Fireman's Fund in the amount of $239,135 is approved as
security to guarantee installation of the public improvements shown on
plans approved by the Director of Engineering for the Heritage Park
Development.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
86-133 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF MARKET
SQUARE ASSOCIATES, INC. FOR REVISION OF THE ZONING
DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC
HEARING UNDER CHAPTER 11 TITLE 15.1 OF THE CODE OF
VIRGINIA, AS AMENDED
On a motion by Mr. Bos and seconded by Mr. Williams, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The application of Market Square Associates, Inc. for revision of the
Zoning District Map from M-1 (Industrial) to B-2 (general business) is
received and referred to the Planning Commission for public hearing and
recommendation under Chapter 11, Title 15.1 of the Code of Virginia, as
amended.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
86-134 - RESOLUTION - AN EASEMENT FOR THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF A TRAFFIC SIGNAL
On a motion by Mr. Tolbert and seconded by Mr. Bos, the following
resolution was proposed, with changes made by the Deputy Town Attorney, and
unanimously adopted:
WHEREAS, the Town of Leesburg has executed a contract with Brothers
Signal Company for the installation of a traffic signal at the intersection
of Catoctin Circle and Dry Mill Road; and
WHEREAS, additional right-of-way is required for the support pole and
controller box; and
WHEREAS, the town attorney's office has prepared an easement agreement
by and between the Town of Leesburg and the owners of the right-of-way, the
Christian Science Society; and
MINUTES OF THE JUNE 25, 1986 MEETING 265
WHEREAS, it is necessary to obtain Loudoun County Circuit Court
approval of said right-of-way from the owners; and
WHEREAS, the town attorney's office shall prepare the necessary
documents to petition the court for said court approval on behalf of the
owners:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The mayor is authorized to acknowledge the town's acceptance of the
easement by executing the easement agreement, which has been approved by
the town attorney as transmitted to the Council on June 25, 1986 and the
town attorney is hereby authorized to prepare the necessary documents and
to petition said circuit court for approval of said right-of-way and
easment on behalf of the owners. The Clerk shall attest to the Mayor's
signature.
T Mr. Williams voiced some concern on why this was presented as a
vJ new business item and the need to pass this legislation this evening. Mr.
N Minor explained that this had just come up today and there was not adequate
N time to present it to Council prior to the meeting. Because of time
W constraints it was recommended by staff that this be approved this evening.
CO Deborah Welsh, Deputy Town Attorney, explained the need for the legislation
Q as it pertains to state law in relation to church property. Following
this, the vote was as follows:
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
i
On a motion by Mr. Williams and seconded by Mr. Bos, Council voted
uanimously to go into executive session to discuss personnel matters
pertaining to evaluation of the Town Manager. Section 2.1-344(1) of the
1950 code of Virginia, as amended (Freedom of Information Act) permits the
Council to discuss such matters in executive session. The meeting shall be
limited to council appointments and Director of Finance, Paul York, the
latter only for brief information, after which he will be dismissed from
said executive session.
The meeting was called back to order by the Mayor with no action
taken regarding the evaluation.
86-135- RESOLUTION - ESTABLISHING THE MANAGER'S COMPENSATION FOR YEAR
ENDING JUNE 30, 1987
On a motion by Mr. Williams and seconded by Mr. Kelley, the following
resolution was presented and unanimously adopted:
WHEREAS, the Manager's salary is set by the Town Council:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The Manager's annual salary effective July 1, 1986 through June 30,
1987 is set at $56,000.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and
Mayor Sevila
1 Nay: None
86-136 - RESOLUTION - APPOINTING TERRANCE YOUNG TO THE PARKS AND RECREA-
TION ADVISORY COMMISSION
On a motion by Mr. Williams and seconded by Mr. Kelley, the following
resolution was presented and unanimously adopted:
•
266 MINUTES OF THE JUNE 25, 1986 MEETING
WHEREAS, a vacancy exists on the Parks and Recreation Advisory
Commission:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Terrance Young is appointed to the Parks and Recreation Advisory
Commission for a term ending June 30, 1988.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and
Mayor Sevila
Nay: None
In another new business item Mr. Kelley commented on the guest list
for the Frank Wolf luncheon. His suggestion is that only the Economic
Development Advisory Commission and the Airport Commission be invited to
this affair, along with the Council and department heads.
On a motion by Mr. Kelley and seconded by Mr. Curry it was recommended
that the meeting be adjourned.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
Mayor '
Clerk of ouncil