HomeMy Public PortalAbout1986_11_26 388
MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 26, 1986
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on November 26, 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 Council-
member Curry. Present were Mayor Robert E. Sevila, Councilmembers Charles
Bos, Arl Curry, Brian Kelley, Jerry Pelkey, John Tolbert, Jr. , and Charles
Williams. Staff members present were Town Manager, Jeffrey Minor, Assist-
ant Town Manager, Steve Owen, Director of Planning, Zoning -nd Development,
Martha Mason-Semmes and Town Attorney, George Martin.
On a motion by Charles Williams and seconded by Arl Curry it was
recommended that the minutes of the regular meetings of July 9, 1986 and
July 23, 1986 be approved as submitted.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and
Mayor Sevila
Nay: None
PETITIONERS
Mayor Sevila presented a Certificate of Appreciation to Captain Thomas
Lloyd for twenty-five years of service with the Town of Leesburg.
The following Resolution of Respect was read into the minutes:
RESOLUTION OF RESPECT
WHEREAS, Benjamin F. Jackson, former employee of Virginia Electric and
Power Company for thirty-two years, and well-known resident of Leesburg,
died in Loudoun Memorial Hospital on November 12, 1986; and
WHEREAS, Mr. Jackson was active in various church, civic and politi-
' cal organizations in Loudoun County and Leesburg; and
WHEREAS, Mr. Jackson served as a member of the Leesburg Board of
Zoning Appeals from June of 1980 until his death:
THEREFORE, RESOLVED that the Mayor and members of the Council of the
Town of Leesburg do extend their sympathy to his family and to all who knew
him; and
BE IT FURTHER RESOLVED, that this Resolution of Respect be spread upon
the minutes of this meeting and that a copy be sent to his wife and
children.
COUNCILMEMBER COMMENTS
Mr. Bos reported that the Board of Architectural Review had met twice
during the month, on November 17 and 21st. The items covered are listed in
the manager's report. Regarding the report on the housing mix prepared by
staff, several comments were received and Mr. Bos feels that this is a
valuable tool. His last comment was regarding the Board of Supervisor's
vacancy created by Mr. Raflo's retirement. Mr. Bos stated that he is not
actively seeking this position.
Mr. Williams commented on the fact that Mr. Bos is not actively -
II seeking the Board of Supervisors' position and that he will continue to
dedicate his services to the Leesburg Town Council. He said that he has
greatly enjoyed working with him and is pleased that he decided 4.o continue
to serve the town.
•
Mr. Pelkey gave a report on the Airport Commission meeting of
November 13, 1986. One of the main items discussed was the revision of the
Airport Rules and Regulations. Further discussion centered around the
current construction at the airport and future projects.
MINUTES OF THE NOVEMBER 26, 1986 MEETING 389
Mr. Curry attended the Planning Commission meeting of November 20 at
which there was a public hearing on ZM-80, property adjoining the airport
on which William L. Bryant proposed use of industrial park rather than the
office use zoning that currently exists. The representative for Mr. Bryant
was not well prepared to justify the change and there was no action taken
on this. Lot 1 of Ft. Beauregard was approved, although there was some
question'as to whether well and septic uses should be approved within the
town limits.
There was some discussion as to whether this was required under the
zoning ordinance, and if it is not addressed, then revisions to the
ordinance should be considered.
Mr. Kelley also spoke on the issue of the vacancy on the Board of
Supervisors. He mentioned that he does intend to actively seek the
position. One great concern of Mr. Kelley's is to see a better working
relationship between the County and the Town, and he feels that a former
member of the Town Council would be a good candidate to make this a
0) realistic goal.
NMr. Tolbert reported on the Environmental Advisory Commission meeting
Nof last night. Items of discussion were a leash law, powers and duties of
W the Commission and the Loudoun House dumpsters. The Commission feels that
additional dumpsters for this area would help the overflow problem in this
CO area.
Q Mayor Sevila commented that many new commercial establishments in town
are screening their dumpsters and that this is a much more sightly solution
to the free standing dumpsters in town. The Mayor went on to say that in
tonight's packet there are draft items for the Lamplighter. He recently
received information from the County Housing Department on a
"weatherization" project that is currently being offered and he asked that
possibly an article on this could be included in the Lamplighter.
MANAGER'S REPORT
Highlighting the activity report which was sent to Council this past
Monday, Mr. Minor reminded Council of the upcoming meeting for Monday at
5:30 p.m.
Mr. Minor welcomed Steve Krisa to the staff as Assistant Finance
Director.
Police appointments should be made very shortly to fill the vacancies
there.
The traffic signal for the Fort Evans, Market Street intersection has
been designed and has been put out to bid.
Mr. Curry had a question on the availability fees report of the
activity report. There was a discrepancy in the totals supplied and Mr.
Minor said a corrected report would be issued.
LEGISLATION
86-0-56 - ORDINANCE - AMENDING THE ZONING DISTRICT MAP FOR #ZM-81 VIRGINIA
POWER TO REVISE PROFFERS PERTAINING TO #ZM-64
On a motion by Mr. Tolbert and seconded by Mr. Kelley the following
ordinance was proposed and adopted as amended:
•
WHEREAS, an application by Virginia Power to amend two proffers per-
taining to #ZM-64 on the Nelson tract along Sycolin Road was received and
referred to the Planning Commission on September 24, 1986; and
WHEREAS, the Planning Commission and Council held a joint hearing on
this application on October 22, 1986; and
390 MINUTES OF THE NOVEMBER 26, 1986 MEETING
WHEREAS, the Planning Commission on November 6, 1986, recommended to
Council approval of the proposed proffer amendments contingent' upon
recordation of an alternative access easement for the Santmyer tract by the
owner of the Richlynn property to the south of the Virginia Power tract;
and
WHEREAS, this Council is satisfied that adequate alternative access
from Route 643 will be available to the developers of the Santmyer tract;
and
WHEREAS, .these proffer amendments are in the interest of the public
necessity, convenience, general welfare and good zoning practice: _
THEREFORE, ORDAINED by the Council .of the Town of ,Leesburg in .Virginia
as follows:
SECTION I. The Leesburg Zoning Ordinance is amended to revise _the
Zoning District Map for a 10-acre tract of land located on the east side of
Route 643 (Sycolin Road) and bounded by the property of Shreve on the
north, Smiley and Santmyer on the south, Santmyer on the east and route 643
on the west, to amend proffers 5 and .6 pertaining to #ZM-64 to read as
follows:
5. Direct access to Sycolin Road from this property shall be limited
to a single entrance.
SECTION II.. This ordinance shall .be .in effect upon recordation of the
attached Deed of. Easement between Bruce Brownell and John V. Santmyer or
his heirs.
Mr. Minor asked that Martha Semmes give a brief report on.the affected
properties. She explained that Bruce Brownell was now the owner of. the
Richlynn tract and that he intends to purchase an eighteen foot strip of
the Smiley tract. These parcels include some vital easements for the
development of the Virginia Power tract. Mr. Brownell has agreed to
provide the necessary easements. A proposed Deed of Easement is attached
to the packet for review.
Mayor Sevila said a major concern is that there is alternative access
provided to the site. Amending Section II of the Ordinance to reflect the
recordation of the Deed of Easement should be included.
On a motion by Mr. Williams and seconded by Mr. Curry it was
recommended that Section II of the Ordinance include the language.that it
shall be in effect upon recordation of the Deed of Easement, etc. (as
stated above) .
The vote on the above motion, along with the prior motion regarding
passage of the ordinance, was as follows:
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and
Mayor Sevila
Nay: None
Following a brief summary of the ordinance regarding disclosure of
real parties in interest as it pertains to the Zoning Ordinance by Mr.
Minor, further discussion on this ordinance ensued.
Some concerns which arose were the fact that trusts can certainly
shelter ownerships, that in certain applications this could become an
unnecessarily tedious process, and that additional language is needed to
clarify the purpose of the ordinance.
On a motion by Mr. Williams and seconded by Mr. Bos, it was recom-
mended that this ordinance be returned to the Finance and Administration
Committee for further consideration.
Aye: Councilmembers Hos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
MINUTES OF THE NOVEMBER 26, 1986 MEETING 39f
86-0-57 - ORDINANCE - AMENDING THE TOWN CODE TO PROVIDEFORREMOVAL OR
IMMOBILIZATION OF MOTOR VEHICLES FOR OUTSTANDING
PARKING VIOLATIONS
On a motion by Mr. Kelley and seconded by Mr. Williams, the following
ordinance was proposed and unanimously adopted:
ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Chapter 10, Article VI of the Town Code is amended to add
Section 10-166 as follows:
Sec. 10-166. Removal or immobilization of motor vehicles against
which there are outstanding parking violations.
(a) Whenever there is found any motor vehicle, as defined in the
Code for the State of Virginia, parked upon the public streets or
T highways or public grounds within the town limits against which there
CD are three or more outstanding or unpaid or otherwise unsettled parking
N violation notices, such vehicle may, by towing or otherwise, be
Nremoved or conveyed to a place within the Town of Leesburg designated
by the Chief of Police for the temporary storage of such vehicle,
m or such vehicle may be immobilized in such manner as to removal or
Q operation by authorized officers or members of the police department
for the Town of Leesburg. Such removal, conveyance or immobilization
of the vehicle shall be by, or under the direction of, an officer or
member of said police department.
(b) The officer, or member of the police department, removing
or immobilizing such motor vehicle, or under whose direction such
vehicle is removed or immobilized, shall inform as soon as practica-
1 ble the owner of said vehicle of the nature and circumstances of the
prior unsettled parking violation notices, for which or on account
of which, such vehicle is removed or immobilized. In any case
involving immobilization of a vehicle pursuant to this ordinance,
there shall be placed thereon, in a conspicuous manner, a notice of
warning that the vehicle has been immobilized and that any attempt
to remove the vehicle might result in damage thereto.
(c) The owner of such vehicle, or other authorized person, will
be allowed twenty-four hours from the time of immobilization to repos-
sess or secure the release of the vehicle, and failure to repossess
or secure the release thereof within the said time period may result
in the removal to a storage area for safekeeping under the direction
of a police officer or member of the police department.
(d) The owner, or other duly authorized person, may repossess
or secure the release of the said vehicle by payment of the outstand-
ing parking violation notices and by payment of all reasonable costs
incidental to the immobilization, removal and storage of the vehicle
and efforts to locate the owner of the vehicle. Should the owner
fail or refuse to pay such fines and costs, or the identity or where-
abouts of such owner be unknown or unascertainable, sale of said
vehicle shall be in accordance with the procedures set forth in
Section 46.1-3.02 of the 1950 Code of Virginia and any amendments
thereto.
SECTION II. All prior ordinances or resolutions in conflict herewith
are repealed.
SECTION III. This ordinance shall be in effect upon its passage.
Mr. Minor explained that this process will be utilized only after the
court dates have been missed and the tickets are overly delinquent.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and
Mayor Sevila
Nay: None
392 MINUTES OF THE NOVEMBER 26, 1986 MEETING
j On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
i ordinances andresolutions were considered as consent items and adopted
Iunanimously.
86-0-58 - 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 -readas
follows:
Sec. 12.1-10. Classification of town employeeslay 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 37
Development Planner
" " Director of Utilities 21
" " Director of Finance 21
" " Director of Engineering 23
and Public Works
" " Assistant Director of Engineering 21
and Public Works
" " Director of Planning, Zoning and 21
Development
" " Assistant Town Manager 20
i
Law Enforcement Parking Meter Attendant 5
Police Private 13
"
Private First Class 14
, Corporal 15
" " Sargeant 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
" " Admin Zoning & Devel. Assistant 11
" " Executive Secretary 10
" " Clerk of Council 10
" Deputy Clerk of Council/Planning 7
Secretary
Supervisory Shop Superintendent 15
" Water Supply Superintendent 16
" Street Superintendent 16
" Utility Lines Superintendent 16
" WPCF Superintendent 16
I
Technical Utility Maintenance Assistant 7
" Senior Equipment Operator 10
" Finance Technician 9
" Utility Plant Operator Assistant 8
" 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
" Laboratory Supervisor 13
" Capital Projects Coordinator 15
MINUTES OF THE NOVEMBER 26, 1986 MEETING 393
Occupational Pay
Groups Position Grade
Technical Assistant WPCF Superintendent 12
Chief Inspector 15
Facility Inspector 14
Professional Engineer 17
Assistant Director of Finance 15
" Principal Planner 17
Planner I - 14
Construction/Maintenance Laborer 6
Maintenance Person I 8
Maintenance Person II 10
Laborer, Part-time 4
Mechanic 9
SECTION II. Section 12.1-15 of the Town Code, being the pay grades
for compensation of employees in the town service, is amended to read as
T follows:
CD
N Sec. 12.1-15. Pay grades and steps.
WM Grade Range
W 4 $10,032-15,061
Q 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 II. All prior ordinances in conflict herewith are repealed.
SECTION IV. This ordinance shall be effective upon its passage.
86-252 - RESOLUTION - AMENDING RESOLUTION NO. 86-123 WHICH ESTABLISHED
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 inthetown's service
were established for the fiscal year beginning July 1, 1986, and are
amended to read as follows:
Number of Full-Time Equivalent
Positions Authorized Employees Authorized
LEGISLATIVE DEPARTMENT
Clerk of Council 1
Deputy Clerk (Part time) .5
I ,
394 MINUTES OF THE NOVEMBER 26, 1986-MEETING
Number of
Positions Authorized Employees Authorized
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
Assistant Director of Finance 1
Accounting Clerk I 2
Accounting Clerk II 1
Finance Technician 1
POLICE DEPARTMENT
Chief of Police 1
Captain 1
Lieutenant 2
Sargeant 4
Investigator 1
Corporal 4
Private, First Class 5
Private 5
Police Clerk 1
Parking Meter Attendant 1
ENGINEERING AND PUBLIC WORKS ADMINISTRATION
PublicWorks Director of Engineering ineerin and
1
Assistant Director of Engineering S. Public Works 1
Administrative Assistant 1.5
Capital Projects Coordinator 1
Engineer II 2
Chief Inspector 1
Facility Inspector 2
Streets, Buildings and Grounds Division
Superintendent 1
Assistant Superintendent 1
Maintenance Person I 6
Maintenance Person II 0
Laborer 6
Laborer, temporary 1
Equipment Maintenance Division
Superintendent 1
Senior Equipment Operator 1
Mechanic 2
Laborer 1
PLANNING, ZONING AND DEVELOPMENT
Director of Planning, Zoning and Development 1
Zoning Administrator/Land Development Planner 1
Zoning and Development Assistant 1
Principal Planner 1
Planner I 1
Secretary .5
Receptionist/Secretary .5
MINUTES OF THE NOVEMBER 26, 1986 MEETING ;39.5
Number of
Positions Authorized Employees Authorized
UTILITIES
Water and Sewer Administration
Director of Utilities 1
Laboratory Supervisor 1
111 Maintenance Foreman 1
Administrative Assistant .5
Maintenance Assistant 1
Water Pollution Control Division '
Superintendent 1
Assistant Superintendent 1
Operator A 2
Operator B 1
Operator Assistant 1
VJ Laborer 1
^N Laborer, Part-time .25
Water Supply Division
CO Superintendent 1
Q Operator A 2
Operator B 1
Operator Assistant 1
Laborer, temporary .25
Utility Lines Division
Superintendent1
Assistant Superintendent 1
Maintenance Person I 2
Maintenance Person II 2
Laborer 2
Laborer, temporary .25
Total Personnel Authorized
Full Time 97
Part-time or temporary (expressed as
equivalent to full time of total
staffing complement) 8
86-253 _ RESOLUTION _ ADOPTING REVISED LEESBURG MUNICIPAL AIRPORT RULES,
REGULATIONS AND MINIMUM STANDARDS
WHEREAS, Rules and Regulations for Leesburg Municipal Airport were
first adopted November 27, 1974; and
WHEREAS, revised Airport Rules and Regulations were adopted on March
8, 1978; and
WHEREAS, the Federal Aviation Administration and the Virginia
Department of Aviation have reviewed the new Leesburg Municipal Airport
Rules, Regulations and Minimum Standards and their comments have been
incorporated into the final draft; and
WHEREAS, the Airport Commission recommended adoption of the final
draft at their meeting on November 13, 1986.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The revised Leesburg Municipal Airport Rules, Regulations and Minimum
Standards as recommended by the Airport Commission and transmitted to
Council on November 14, 1986, are hereby adopted.
396 MINUTES OF THE NOVEMBER 26, 1986 MEETING
86-254 - RESOLUTION - AUTHORIZING NOTICE OF PUBLIC HEARING FOR THE STOWERS
TRACT PLANNED RESIDENTIAL COMMUNITY CONCEPT PLAN
WHEREAS, an application by Evergreen Mills Investments/NVLand, has been
submitted for approval of a concept plan and amendment of the Town-Plan for
a planned residential community on approximately 448 acres on the south
side of the Route 7/15 Bypass and bounded by Route 621 on the west, Route
654 on the south and Route 643 on the east; and
WHEREAS, the Planning Commission held a public hearing on this
application on November 14, 1986; and
WHEREAS, the Planning Commission recommended approval of the Stowers
Tract Concept Plan with conditions at its regular meeting on November 14,
1986:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The Clerk of Council is directed to publish a notice of public hearing
on the above described application, pursuant to Section 15.1-431 of the
1950 Code of Virginia, as amended, in the Loudoun Times-Mirror on December
30, 1986, and January 6, 1987, for public hearing on January 14, 1987, at
7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg,
Virginia.
86-255 - RESOLUTION - AUTHORIZING THE PURCHASE OF A FRONT END LOADER
WHEREAS, bids were requested for the purchase of a front end loader;
and
WHEREAS, the lowest and best bid was by the Vernon E. Stup Company of
Frederick, Maryland:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The Manager shall issue a standard purchase order for a front end
loader from the Vernon E. Stup Company of Frederick, Maryland for an amount
not to exceed $24,697.00 plus trade in, all in accordance with the bids
submitted by Vernon E. Stup Company dated November 12, 1986.
86-256 - RESOLUTION - AUTHORIZING A CONTRACT WITH WORLD OF FORD SALES, INC.
FOR A POLICE VEHICLE
WHEREAS, World of Ford Sales, Inc. has been awarded the 1987 state
contract for police vehicles; and
WHEREAS, Section 7 of the Town's adopted purchasing policy exempts
items purchased through joint purchasing with other public agencies from
the competitive bidding provisions of the purchasing regulations; and
WHEREAS, adequate appropriations exist for purchase of a sixth police
vehicle during the current fiscal year.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager is authorized and directed to issue a standard purchase
order to World of Ford Sales, Inc. for the purchase of a 1987 Ford Crown
Victoria for the purchase price of $11,085.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and
Mayor Sevila
Nay: None
I MINUTES OF THE NOVEMBER 26, 1986 MEETING 397
Mayor Sevila requested that the following resolution be removed from
the consent items and discussed and adopted separately. He also asked that
Vice-Mayor Williams conduct the discussion and vote on this resolution.
86-257 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF GARY P.
GRIMM, INC.FOR REVISION OF THE ZONING DISTRICT MAP
TO REVISE PROFFER #3 OF ZONING MAP AMENDMENT #ZM-66
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. Curry and seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The application of Gary P. Grimm, Inc. for revision of the zoning
district map, assigned No. ZM-84, to amend proffer #3 of the zoning map
CD amendment #ZM-66, Ordinance. No. 86-0-19 is received and referred to the
N Planning Commission for public hearing and recommendation under Chapter 11,
N Title 15.1 of the Code of Virginia as amended.
LI Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice
CO Mayor Williams
a
Nay: None
Abstain: Mayor Sevila
Mr. Bos requested that the meeting, scheduled for December 24, 1986, be
put on the agenda of the Finance and Administration Committee meeting for
consideration of rescheduling.
iOna motion by Mr. Williams and seconded by Mr. Tolbert, the meeting
was adjourned at 8:45 p.m.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and
Mayor Sevila
Nay: None
Mayor
z i
Clerk offouncil