HomeMy Public PortalAbout1987_09_23 /6c?
MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, SEPTEMBER
23, 1987
A regular meeting of the Leesburg Town Council was held in.the ,
Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia, on September
23, 1987 at 7:30 p.m. The meeting was called to order by the Mayor with
the invocation given by Mr. Tolbert and the Salute to the Flag led by
Richard C. Thoesen, Mayor of Herndon.' Present were Mayor Robert E.
Sevila, Councilmembers James Clem„ Hunter Leach, and John Tolbert, Jr.
Councilmembers Arl Curry, Brian Kelley and Charles Williams were absent.
Staff members present were Town Manager, Jeffrey Minor; Director of
Engineering and Public Works, Thomas Mason; Director of Planning, Zoning
and Development, Martha Mason-Semmes; Assistant Town Manager, Steven
Brown; Director of Finance, Paul York and Planner Thomas Poupard. Also
present were members of the Planning Commission as follows: William'
Webb, Marvin Belles, Reginald Gheen, Mervin Jackson, and Town Attorney,
George Martin.
On a motion by John Tolbert and seconded by James Clem it was _
recommended that the minutes of the April 8, 1987 meeting be approved as
submitted, and that the minutes of the special meeting of September 15,
1987 also be approved as submitted.
Aye: Councilmembers Clem, Leach, Tolbert and Mayor Sevila
Absent: Councilmembers Curry, Kelley and Leach
PETITIONERS
There were no petitioners appearing before Council this evening.
PUBLIC:HEARING ON THE $10,000,000 BOND ISSUE
•
Town Manager Jeffrey Minor presented the staff report on this issue
as follows: It is now state law that municipalities must- hold a public
hearing before entering into any new debt. . For this reason, this public
hearing-is being held this evening. This is in• regard to the parking
structure/municipal office building. Summarizing-whythe Townwishes to
borrow funds, Mr. Minor. stated'that:current funds--are not sufficient to
fully fund major capital projects. Major capital projects have a long,
useful life and it is important that the_users of the projects help to .
pay for them, inflation discounts the future principal and interest i
payments and debt financing allows you to acquire major facilities when
you need them.
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The current budget for the municipal office center/parking structure
is $6.2. million, $4 million of -which .is from bond proceeds. /The balance
of-the-funds will come from existing capital' reserve funds and-the-sale.
of land, historic..districtparkingfees and other existing funds. The
sebo-d project is the public works facility which is now under bid. The
third project is the development of Ida Lee Park. . This will include a
gym, pool, locker facilities,' etc. The last project is Phase-VI storm
drainage improvements, which includes the Cornwall- Street project and the
Dry Mill Road project.
In the state of Virginia, municipalities are limited to a- 10% margin
of debt based on current assessed-values. This -is -down- from 18%. The
town's debt margin is within these guidelines.
I
Frank Carney, a citizen of Leesburg and-member of the Parks and
Recreation- Committee, spoke in favor of this bond- issue. - He mainly
focussedon the park:and-what.a favorable addition this will be to all of
the citizens. - - - - - -
•
Since- there- -were-no-further-comments from- the:public, thevPublic
Hearing was closed at-this -time. It was further moved by Mr: Clem- and. .
seconded by Mr. Tolbert that--this be placed on the agenda of the next
Finance and Administration Committee meeting.: - The motion passed
unanimously. - • -- - -
MINUTES OF THE SEPTEMBER 23, 1987 MEETING
PUBLIC HEARING ON SUBDIVISION AND LAND DEVELOPMENT REGULATION REGARDING
THE DEVELOPMENT REVIEW PROCESS
This is a joint hearing with the Planning Commission and Mayor'
Sevila asked that the chairman of that Commission, Bill Webb indicate
whether there is a quorum of the Planning Commission present. He
indicated that there was a quorum.
Assistant Director of Planning, Thomas Poupard, gave the staff
report on this issue as follows: Staff has.reviewed some of the steps in
the review process and proposes that the screening period be limited to
two weeks and very specific standards for construction drawings will be
implemented. Often information is'omitted, delaying the process further.
Staff will be working with the Planning Commission to assure that all
changes are beneficial to everyone.
Richard Thoesen, Vice President of Bengtson, DeBell, Elkin and
Titus addressed the "three legged stool" concept in which each leg
represents the town, the developer and the engineer. This will not work
unless everyone is working together. Engineering problems that have
arisen within both town and county submissions are a result of shortages
in staff on both sides. Focussing ,on what is wrong rather than who is
wrong is very important in this concept. "Never lead from a King" can
lead to a violation of an old premise that you may lose your king.
Rather than deliver a public facilities manual, many are already intact
by the various state jurisdictions. The process should allow good
ingenuity and involve more engineering community involvement. "The
squeaky wheel gets the grease" describes those developers who feel that
constant contact will get their plan approved more quickly. Respect on
both parts for the plan submitted without constant interruption should be
sufficient. The process will reward good quality engineering.
Since there were no further comments from the public, the Public
Hearing was closed at this time. It was moved by Mr. Tolbert and
seconded by Mr. Leach that this item be deferred to the Finance and'
Administration Committee upon receipt of comments from the Planning
Commission. The motion was unanimously approved.
PUBLIC,HEARING ON REVISED EXETER PRN - ZM-87
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Town Manager Jeffrey Minor stated that Tom Poupard would give a
brief summary of this proposed zoning. Several years ago this property
was rezoned to a Planned Residential Neighborhood which allows a mixture
of land use. It was approved with a total of 1201 units, a golf course
and a 48,000 s.f. commercial center. This property has been purchased by
another developer and they propose to eliminate duplex units, increase
townhouses and increase the number of single family units. This plan
proposed an indirect connection of Plaza Street to Catoctin Circle. The
new plan realigns this proposal to a less drastic turn. Also, the golf
course would be eliminated. The plan submitted incorporates a nice land-
scaping use in its place. The major issue is a pedestrian underpass
beneath Battlefield Parkway.
Julia Taylor Cannon, the attorney representing Richmond American
Homes, gave an- overview of this submission. Several meetings were held
with citizens groups in which input was considered. The change that
generated the most concern was the elimination of the golf course. It
was determined that a decent, quality golf course would not be feasible
for this location. Water runoff would have created a major problem for
the course. It would have been expensive-to maintain. Some things
agreed to with the citizens are extensive landscaping of the open space,
elimination of a wet pond, working with the citizens as far as landscape
maintenance, incorporating tennis courts closer to existing homes and
moving the public facilities to a point further out. The townhouses
proposed would also be reconfigured and screening fencing would be
provided. A five-year free membership to the pool will also be provided.
The open space proffered was reduced by about 68 and proffers to Ida Lee
Park were increased significantly.
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MINUTES OF THE SEPTEMBER 23, 1987 MEETING
Bill Fissell of Dewberry 6 Davis, detailed the housing mix, lot
sizes and open spaces, comparing the new proposal to the original
proposal for this property.' Basically, the number of-single family homes
and lot sizes will be increased. The landscape plan between Exeter I
existing homes and the proposed townhouses is extensive: The- developer
is trying to create a parklike atmosphere between these two developments.
' - Bryan Balfer, Vice President of the `Exeter Section I Homeowners
Association and- Vice President of theLeesburg Elementary PTO, stated
that the meetings held with the developer were successful in developing a
plan conducive to both sides. There is a problem with the direct connect
of Plaza Street to Battlefield Parkway. He sees a wide street running in
front on a "walking" school. Once this is connected, he anticipates this
becoming a speedway. He wanted to go the record as being-against this
direct:connect.
The Mayor stated that the town will keep the best interest of the
children in mind when the direct connect is decided upon.
Chris Izzo of Rellerco addressed Council on the feasibility of the
pedestrian underpass which is proposed. This is proposed as a safe
crossing for the school children in the area. Rellerco worked with
percentages of school children in various sections of the proposed - -
development.
Mr. Clem asked if law enforcement:agencies had been contacted
regarding statistics on pedestrian underpasses. Mr. Izzo said they had
not been contacted, but that they could. The School Board does have
criteria for crossing a four lane highway dependent on vehicular traffic
vs:- the percentage of children that need to cross that road. -
BillWebb of the Planning Commission stated that the school: board
criteria would not allow children to walk, but rather bus them if the
underpass was not incorporated into this plan.
Mr..:Clem- added that information received from a retiredLlaw:
enforcement officer regarding crime related to underpasses has been quite
alarming and that this issue should be carefully considered.
Mr. Leach also stated the negative impact of an underpass in
relation to crime.
Mr. Minor stated that many parents will assume that their children
are using the underpass when in fact they may be crossing the street at
any point without the benefit of a crossing guard. '
Mr. Izzo said the need for crossing guards at all four locations is
imperative as a safety precaution.
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Pat- Herd a resident of Carrvale, asked- what the difference between
an underpass vs. an overpass for this area would be. She had also heard
that future- residents of that area' would have their children bussAd to
the Lucketts Elementary School. - -
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There was some further discussion on the lot configurations and the
buffering of these lots in relation to the roadways. .
' Since-there were no further comments from the public, the Public
Hearing was closed at this 'time. ' On a motion by -Mr. -Tolbert and seconded
by Mr.- Clem it was recommended that this be referred to the Finance and
Administration Committee for further consideration at their next meeting.
The motion passed unanimously.
COUNCILMEMBER COMMENTS
John Tolbert attended a'commission meeting- which had light
attendance. Several items were discussed and a report will be submitted
to Council shortly. • . - •
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MINUTES OF THE SEPTEMBER 23, 1987 MEETING - ,
MAYOR'S REPORT - - •
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Mayor Sevila welcomed: James Clem to the.Council. This is his first
meeting in this-new -capacity.- Mr. Clem has been very active in several
roles: in- Leesburg and will be a good addition to the Council. -A Day in the Park is scheduled for September 26, at the Ida Lee Park
site. .:He-also welcomed. Mark Gibb, the new :Executive Director of the
Northern Virginia Planning District Commission, and hopes to continue
work on,mutual issues.
MANAGER'S REPORT - - - - - - - _ - _
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Highlighting the activity report, the 1987 audit will soon be
available. The projected fund balance was $455,000, the actual:was
$650,000 which gives the town an additional $195,000 carryover which was
not- originally, anticipated. -• - - - • - - - • - -- - -, - -
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A new ad in the Virginia Business Magazine was taken out. This was
the work'of the: Economic Development -Advisory,-Committee.
The design and- construction standards• manual is finishedand-willbe
available.soon. •
Hanno Weber is in town working on some finer details of the
municipal center/parking structure.
LEGISLATION- - • - - - -- -
On a motion by Mr. Tolbert andseconded by Mr. Clem, the following
ordinances and resolutions were proposed as consent items and unanimously
adopted:•
87-0-26A - ORDINANCE = AMENDING SECTION 17-1.1 OF THE TOWN CODE
ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Section 17-1.1 of the Town Code is amended to read as
follows:
Sec. 17-1.1. Tax Relief for the elderly and totally and permanently
disabled. • • - -
(a) Definitions.
- - -As used herein: - - -
(1) "Total gross combined income" means gross income from all
. sources of the owners of. the dwelling- residing therein and
of any relatives of the owner who reside in the dwelling,
dl • provided that the $6,500 of income of each relative, other
than the spouse of the owner or owners, who is living in
the dwelling shall not be included in such total.
(2) "Net combined financial: worth" means all assets less
liabilities of the owners of the dwelling and of the
-i - spouse of any- owner who resides therein, including
equitable interests, excluding the value of the dwelling
and- the -land in an amount not to exceed one acre upon
which it is situated. . .
(3) "Affidavit" means the real estate tax exemption or
deferral affidavit.
(4) "Town" means- Town of Leesburg, Virginia.
(5) "Town Council" means the Town Council of the Town of
Leesburg.
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MINUTES OF THE SEPTEMBER 23, 1987._MEETING . ._ .
(6) "Director of Finance" means the Director of Finance of
the Town or any of his .duly, authorized agents.
(7) "Deferral" means deferral from the town real estate tax
according to the provisions of this chapter.
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(8) "Dwelling" means the full time owned residence -of the
person or persons claiming exemption or deferral; and the
land on which it is situated, not to exceed one acre.
(9) "Exemption" means exemption from the town real estate tax
according to the provisions of this chapter.
(10) "Head of Household" means the primary earner of income,
between the husband and wife, who either jointly or solely
owns the dwelling and qualifying land on which tax relief
is sought.
(11) "Person" means a natural-person.
(12) "Permanently and totally disabled" means a person who has
been certfied by the Veterans Administration, or the
Railroad Retirement Board, or if such person is not
�c eligible for certification by any of these agencies, a
sworn affidavit by two medical doctors licensed to
practice medicine in the Commonwealth, one of whan
practices medicine in Leesburg, to the effect that such
person is permanently and totally disabled. The affidavit
of at least one of such doctors shall be based upon a
physical examination of such person by such doctor. The
affidavit of one of such doctors may be based upon medical
information contained in the records of the Civil Service.
Commission which is relevant to the standards for deter-
mining permanent and total disability. For purposes of
this section, the terms ."permanent and totally disabled"
shall mean unable to engage in any substantial gainful
activity by reason of any medically determinable physical
or mental impairment or deformity which can be expected
to.result in death or can be expected to last for the
duration of such person's life.
(13) "Property" means real property.
(14) "Taxable Year" means the calendar year, from January 1
until December 31 for which exemption or deferral is
claimed.
Sec. 17-1.2. Exemption or deferral authorized; effective date.
(a) Real estate tax exemption or deferral is provided for
_ . .,.� . qualified property owners .who are not less than sixty-five
years of age or who are permanently and totally disabled
and who are eligible according to the provisions of this
chapter. Persons qualifying for exemption or deferral are
deemed to be bearing an extraordinary real estate tax
burden in relation to their income and financial worth.
(b) The effective date of this chapter shall be-January 1,
1985.
Sec. 17-1.3. Administration of exemption or.deferral.
The exemption or deferral shall be administered by the
Director of Finance according to theprovisions of this
chapter. The Director is hereby authorized to make an
inquiry of persons seeking such exemption or deferral in
conformity with the provisions of this chapter, including
the requiring of answers under oath, as may be reasonably
necessary to determine qualifications for exemption or
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MINUTES OF THE SEPTEMBER 23, 1987 MEETING
deferral as specified by this chapter. The Director may
require the production of certified income tax returns
and appraisal reports to establish income and/or financial
worth.
Sec. 17-1.4. Requirements for exemption or deferral.
• An exemption or deferral shell be granted 'subject to the
following provisions:
(a) The title of the dwelling forwhich an exemption or
• defekral is claimed is held, _or partially held, on
_ January 1, of the taxable year by the person or persons
claiming the exemption or deferral.
(b) The'person or persons occupying the dwelling and owning
title, or partial title, thereto is not less than sixty-
five years of age on December 31 of the year immediately
preceding the takable year, or the person or 'persons
occupying such dwelling are considered to be permanently
and totally disabled as defined in Sec. 17-1.1(12) of
this ordinance.
(c) A dwelling jointly held by a husband and wife may qualify
'if either spouse is over sixty-five or is"permanently and
totally disabled. Such exemption or deferral program
shall be subject to the following restrictions and
conditions:
(1) The gross combined income of the owner or owners
during the year immediately preceding the taxable
year did not exceed twenty-two thousand dollars
($22,000) . Gross combined income includes all
income from all sources of the owner or owners and
of owners' relatives living in the dwelling for
which the exemption is claimed provided that the
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first six thousand five hundred dollars ($6,500)
of income of each relative, other than the spouse,
of the owner or owners, who is living in the
dwelling, shall be beincluded''in such total.
Also excluded from gross income is all of the
income received by an owner for permanent disability
for the preceding year up to a maximum amount of
. $7,500.
•
(2) The total combined net financial worth of the owner
or owners as of December 31 of the year immediately
preceding the taxable year did not exceed seventy-
five thousand dollars ($75,000) . Total net
financial 'ivorth shall include the value -of all
assets, including equitable interests, of the owner
or owners and the owners' spouse, and shall exclude
the fair market value of the dwelling and the land
upon which it is situated, not exceeding one acre,
for which the exemption or deferral is claimed.
Sec. 17-1.5. Claiming an exemption or deferral.
(a) Annually, and not later than May 1 of the taxable year,
the person or persons claiming either an exemption or
deferral must file a real estate tax exemption or
deferral affidavit with the Director of Finance. Those
applying for an exemption or deferral for the first time
must1file on or before September 1 of the tax year for
which relief is sought. The Director shall have the
discretion to permit applicants to file after these
• deadlines in cases of genuine hardship.
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MINUTES OF THE SEPTEMBER 23, 1987 MEETINr:
(b) The affidavit shall set forth in a manner prescribed by
---- : -the Director the names of 'the related persons occupying -
the dwelling for which the exemption or deferral is
claimed, their gross combined' income and the total
combined net worth of the owners and spouses. The
affidavit shall also state whether or not the person or
persons claim the exemption or the deferral option and,
if the deferral, the amount of deferral claimed, up to
100% of the real estate. taic liability:
(c) If, after audit and investigation, the Director deter-
mines that the person or persons are qualified. for an
exemption or deferral, he shall so certify and shall
deduct the amount of the exemption or deferral from the
claimant's real estate tax liability.
Sec. 17-1.6. Amount of exemption.
The person or person qualifying for and claiming an
exemption shall be relieved of all real estate tax liabil-
ity for that portion of the real estate tax levied on
the qualifying dwelling and land.
Sec. 17-1.7. Amount of deferral; repayment of deferred taxes.
The person or persons qualifying for and claiming_a. �
deferral shall be relieved of all real estate tax lia-
bility levied on the qualifying dwelling.and .land.
The accumulated amount of taxes deferred shall be paid,
without penalty and,with interest in the amount of 8% _
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per year, to the Director of Finance by the vendor upon
the sale of the dwelling or from the estate of the
decedent within one year after the death of the last
owner thereof who qualifies for tax deferral _under the
provisions of this chapter. Such deferral of real
estate taxes shall constitute a lien upon the real estate
as if they had been assessed without regard to the
deferral permitted by this chapter. However, such liens
shall, to the extent that they exceed in the aggregate
ten percent of the gross price for which such real estate
may be sold, be inferior to all other liens of record.
Sec. 17-1.8. Changes in status.
Changes with respect to income, financial worth, owner-
ship of property, medical status or other factors
occurring during the taxable year for which the affidavit
is filed, and having the effect of exceeding or violating
the limitations and conditions provided in this chapter,
shall nullify any relief of real estate tax liability
for the then current taxable year and the taxable year
immediately following.
Sec. 17-1.9. False Claims.
Any person or persons falsely .claiming exemption or
deferral shall be guilty of a_misdemeanor and, hpon
conviction thereof, shall be fined not less than $50.00
nor more than $300.00 for each offense.
SECTION II. This ordinance shall be in effect- upon its passage. . . .
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MINUTES OF THE SEPTEMBER 23, 1987 MEETING
87-189 - RESOLUTION _ AUTHORIZING A CONTRACT WITH VIRGINIA DEPARTMENT
OF TRANSPORTATION FOR LOCAL ADMINISTRATION OF THE
VDOT SIX-YEAR IMPROVEMENT PROGRAM FOR CATOCTIN
CIRCLE
' - WHEREAS, the six-year improvements program published by the Virginia
Department of Transportation (VDOT) for fiscal years 1987-88 through 1992-
93 includes $1,900,000 in engineering; right-of-way construction costs for
the widening of Catoctin Circle to four lanes plus double left lanes
between South Street and King Street; and
WHEREAS, VDOT has inaugurated a new program to allow certain munici-
palities to administer urban projects authorized under their six-year
improvement program; and
WHEREAS, municipal administration of this critical road widening
project should expedite its completion; and
WHEREAS, municipal administration of urban system projects requires
execution of a contract between the locality and VDOT:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager is authorized and directed to enter into a contract, on
behalf of the town, with VDOT to administer the Catoctin Circle widening
project, U000-253. The form of contract shall be generally in accordance
with the sample forwarded to the Council by memorandum' dated September 10,
1987.
87-190 - RESOLUTION - AUTHORIZING A CONTRACT WITH KAMBER ENGINEERING FOR
COMPREHENSIVE CONSULTING SERVICES
WHEREAS, a Request for Proposal was issued by the Department of
Engineering and Public Works for proposals for comprehensive consulting
services; 'and
WHEREAS, the review committee including councilmember Brian Kelley
ranked the proposal from Kamber Engineering first among the four received
based on the review criteria; and
WHEREAS, completing such an agreement will provide several advantages
to the town including: reduced administrative costs; and single source for
coordination and monitoring of projects; and completing projects in a more
timely manner; and
WHEREAS, no task will be assigned to the consultant whose cost exceeds
$10,000.00 without prior approval of the Mayor and Council:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager is authorized to execute a contract on behalf of the Town
with Kamber Engineering for general engineering services as required by the
Town of Leesburg not to exceed the amount of $75,000.00.
87-191 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR #ZM-90 GREENWAY
PLANNED RESIDENTIAL NEIGHBORHOOD, COMBINED CONCEPT
PLAN/PRELIMINARY DEVELOPMENT PLAN
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
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MINUTES
75—MINUTES OF THE SEPTEMBER 23, 1987 MEETING
A Notice of Public Hearing to consider rezoning application #ZM-90,
the Greenway Planned Residential Neighborhood, combined concept plan/
preliminary development plan shall be published in the Loudoun Times
Mirror.- - The notice shall be published on November 25, and December 3, 1987
for public hearing on December 9, 1987 at 7:30 p.m. in the Council
Chambers, 10 Loudoun Street, SW, Leesburg, Virginia.
87-192 - RESOLUTION - GRANTING THE LOUDOUN MUSEUM PERMISSION TO HOLD AN
ANTIQUE SHOW IN LEESBURG ON SUNDAY, OCTOBER j 1987,
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WITH A RAIN DATE OF SUNDAY, OCTOBER 11, 1987, IF
NECESSARY
WHEREAS, an antique show in the downtown area is becoming an annual
event on the first weekend in October; and
WHEREAS, the Loudotin Museum will receive a percentage of the proceeds;
and
WHEREAS, the Council recognizes the benefit of controlled special
events in the Town: '
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Loudoun Museum, Inc. is granted permission t0 hold an
antique show in downtown Leesburg an Sunday, October 4, 1987, with a rain
date of Sunday, October 11, 1967, if necessary, in the following locations:
•
King Street West side from Market Street to Loudoun: Street;
Loudoun Street North Side from King Street to Wirt Street;
Market Street ' South side from King Street to Theater; and
MunCipal •
Parking lot South of Town offices
SECTION II. A percentage of revenue derived from said antique show
shall be donated to the Loudoun Museum.
SECTION III. Sandy Bauman Promotions shall show proof of liability
coverage in the amount of $1,000,000 with the Town of Leesburg named as
additional' insured, ' said endorsement to be provided to the town one week
prior to the show.
SECTION IV. Vendor's license shall be waived for all exhibitors for
the above dates.
87-193 - RESOLUTION - AUTHORIZING THE DEDICATION OF THE TAVISTOCR FARMS
ELEMENTARY SCHOOL SITE TO THE LOUDOUN COUNTY SCHOOL
BOARD -
WHEREAS, the educational facilities policies of the Annexation Area
Development Policies (AADP's) call for the Town to acquire six school
sites, when- warranted by rezoning,J within the 1984 annexation area; and
WHEREAS, Ordinance #67-0-20 was adopted by the Leesburg Town Council
on June 24, 1987 which resulted in the rezoning and concept plan/town plan
approval for the Tavistock Planned Residential Neighborhood; and
WHEREAS, Proffer #7, which is a condition of this rezoning,..requires
the applicant to donate, without charge, 15.8 acres to the Town of Leesburg
for use as an elementary school site; and
WHEREAS, the Board of Supervisors has adopted the requisite-motion
called for in the AADP's to confirm the Board of Supervisors' support to
construct a school facility on this site within two years and that County
funds have been designated for the project; and -
WHEREAS, the Board of Supervisors' motion further requests that fee
simple title to the property be directly conveyed to the Loudoun County
School Board; and
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MINUTES OF THE SEPTEMBER 23, 1987 MEETING '- " -
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it
�j WHEREAS, the Loudoun County School Board requests title to the
property by November 10, 1987:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Mayor is authorized to execute a deed, in a form
approved by the Town Attorney, to convey fee simple title to-the 15.8 acre
school' site, as shown on thepreliminary plan, dated February 3, 1987, and
revised June 22, 1987, to the Loudoun County School Board without charge.
SECTION II. The manager is directed to take all appropriate actions
to ensure that title is conveyed on or before November 10, 1987.
87-194 - RESOLUTION - APPOINTING BRIAN T. KELLEY AS THE COUNCIL'S
REPRESENTATIVEiON THE CONSTRUCTIl4 SELECTION COMMITTEE
FOR THE ROUTE 15/7 BYPASS AND ROUTE 773 WATERLINE
EXTENSION PROJECTS
WHEREAS, a Request for Proposal has been issued to select" a consultant
engineer for design and construction administration services relating to
the construction of the Route 15/7 Bypass and Route 773 waterline
extensions; and
WHEREAS, a member of the Town Council is required to serve on- the
review committee to recommend a consultant to the full Council.
THEREFORE. RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Brian T. Kelley is appointed to serve as the Council representative on
the review, committee to recommend a consultant engineer for design and
construction engineering services on the Route 7/15 Bypass and Route 773
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waterline extension projects.
87-195 - RESOLUTION - AMENDING SECTIONS 8.1-1, 8.1-1(A), 8.1-1(B) ,
8.3-2 AND 8.7(D) OF THE TOWN'S PURCHASING POLICY
MANUAL
WHEREAS, due to recent amendments made to the Virginia Public Procure-
ment Act during the last session of the Virginia General Assembly amend-
ments are necessary for Sections 8.1-1, 8.1-1(A), 8.1-1(B), 8.3-2 and
8.7(D) of the Town's purchasing policy manual.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
that the town's purchasing policy manual is hereby amended to incorporate
the changes as set forth in the memorandum to the Council dated September
9, 1987.
87-196 - RESOLUTION - MAKING AN APPROPRIATION FOR A ROLLER
WHEREAS, bids were requested for the purchase of a roller; and
WHEREAS, the lowest and best bid was submitted by the Richmond
Machinery and Equipment Company Incorporated:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The town manager shall purchase a roller from Richmond
Machinery and Equipment Incorporated for an amount not to exceed
$10,611.70.
SECTION II. An appropriation is made from the general fund to account
number 4102-700-050-200 for FY 1988.
/i 11
MINUTES OF THE SEPTEMBER 23, 1987 MEETING... . • -
87-197 - RESOLUTION - REJECTING. BIDS. FOR. A PICK-UP TRUCK AND DUMP TRUCKS
WHEREAS, bid specifications were issued by the Department of
Engineering and Public Works for a pick-up truck and two dump trucks; and •
1
WHEREAS, only one bid was received for the pick-up truck and one bid
received for the dump trucks; and .
WHEREAS, the solicitation of additional bids may be in the best
interest of the Town:
I
1
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The bids submitted for the pick-up truck and two dump trucks are
hereby rejected.
' 87-198 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF THE
PORETSKY BUILDING .GROUP 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
RESOLVED by the Council .of the_.Town-.of Leesburg in Virginia as
follows: .
The application of the Poretsky Building Group for revision of the
zoning,district map, assigned No. ZM-96,. 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. -
87-199 - RESOLUTION - CANCELLING COUNCIL MEETING OF DECEMBER 23 1987
' RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The regular meeting of the Leesburg Town Council scheduled for
December 23, 1987, is cancelled.
87-200 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 25
TO R.. F.. KLINE, INC. FOR WORK COMPLETED AT THE
WASTEWATER TREATMENT PLANT
WHEREAS, the contract for improvements at the Wastewater Treatment
Plant was awarded to Richard F. Kline, Inc. ;. and
WHEREAS, Section III of Resolution 85-80 adopted May 22, 1985 by the
Council of the Town of Leesburg provides: "The Council at its option will
require prior approval of all requisitions for payment under this
contract" ; and
. WHEREAS, the .contractor has submitted Payment Request No: 25 on August
27, 1987 and Camp, Dresser & McKee has. reviewed and approved this request;
and
WHEREAS, the Director of Engineering and Public Works hasrecommended
payment of Payment Request No. 25 in the. amount of $270,326.00.
THEREFORE-'RESOLVED by the Council of the Town of Leesburg in Virginia
as follows: . ..
Payment in the amount of $270,326.00 ($284,554.00 less 5% retainage)
shall be made to R. F. Kline, Inc. for Payment Request No. 25 for the
Wastewater Treatment Plant Expansion Project.
04
MINUTES OF THE SEPTEMBER 23, 1987'MEETING' - - -
87-201 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR AMENDING CHAPTER 7
OF THE TOWN CODE TO PROHIBIT THE OPERATION OF
BARBEQUE DEVICES ON ELEVATED BALCONIES AND WITHIN
FIFTEEN FEET OF GROUND FLOOR MULTI-FAMILY DWELLINGS
WHEREAS, legislation (attached hereto) to prohibit the operation of
barbecue devices in multi-family dwellings under certain conditions was
reported out of the Finance and Administration Committee; and
WHEREAS, it is the Council's desire to provide advanced notice and to
receive public input regarding this matter:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
A Notice of Public Hearing to consider an amendment to the Town Code
prohibiting the operation of barbecue devices on elevated balconies and
within fifteen-feet of ground floor -multi-family dwellings shall be - -
published in the Loudoun Times Mirror. The' notice shall be published on
October 15 and' October 22, 1987 for public hearing on October 28, 1987 at
7:30 p.m. in the -Council Chambers, 10 Loudoun"Street, SW, Leesburg,
Virginia.
87-202 - RESOLUTION - MAKING- A REDUCTION IN THE PERFORMANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS FOR SOUTH HAVEN SUBDIVISION
WHEREAS, the Town's Director of Engineering and Public Works'has
reviewed public improvements installed since the last bond reduction on
November 12, 1986 in the South Haven Subdivision and certifies that the
value of work performed is $123,460.00; and - .
WHEREAS, a letter of credit from Farmers and Merchants National Bank
of Hamilton, Virginia in the amount of $192,218.00 has been provided by the
developer and approved by the Council to guarantee installation of public
improvements in the South Haven Subdivision:
THEREFORE, RESOLVED by the Council of the- Town of Leesburg in Virginia
as follows:
SECTION I. The letter of credit from Farmers and Merchants National
Bank of Hamilton, Virginia in the amount of $192,218.00 is reduced to
$68,758.00.
SECTION II. The town manager shall notify the developer that
liability for letter of credit funds has been reduced as outlined in
Section I of this resolution, and that this reduction does not constitute
acceptance of public improvements by 'the town or relieve the developer of
responsibilities outlined in the contract for Public improvements in the
South Haven Subdivision.
87-203 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS INSTALLATION FOR LEESBURG
GATEWAY SUBDIVISION PHASES I AND IIA
WHEREAS, the Town's Director of Engineering and Public Works has
reviewed the improvements installed to date in the Leesburg Gateway
Subdivision and certifies that the value of work performed is $140,931.00
for Phase I and $35,913.00 for Phase ZIA; and
WHEREAS, Letters of Credit from the First American Bank of Virginia in
the amounts of $264,931.00_ for Phase I and $112,034.00 for Phase IIA have
been provided by the developer and approved by the Council to guarantee
installation of public improvements in the Leesburg Gateway-Subdivision,
Phases I and IIA: -
THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
MINUTES OF THE SEPTEMBER 23, 1987 MEETING
SECTION I. The letters of credit from First American Bank in the
amounts of $264,931.00 for Phase I and $112,034.00 for Phase IIA are
reduced to $124,000.00 for Phase I and $76,121.00 for Phase IIA.
SECTION II. The town manager shall notify the developer that
liability for letter of credit funds has been reduced as outlined in
Section I of this resolution, and that this reduction does not constitute
acceptance of public improvements by the town and relieve the developer of
responsibilities outlined in- the contract for public'improvements' for
Leesburg Gateway Subdivision Phases •I and IIA.
Aye: Councilmembers Clem, Leach, Tolbert and Mayor Sevila
Absent: Councilmembers Curry, Kelley and Williams
87-204 - RESOLUTION - ENDORSING A PRESENTATION BEFORE THE LOUDOUN COUNTY
BOARD OF SUPERVISORS AND FUNDING REQUEST TO ASSIST
WITH THE CAPITAL COST FOR THE TOWN'S AQUATIC CENTER/
GYMNASIUM'COMPLE% AT IDA LEE PARK
On a motion by Mr. Tolbert and seconded by Mr.Leach, the following
resolution was proposed:
WHEREAS, swimming is the most popular participation sport in this
country; 'and •
WHEREAS, this Council now has under design for construction in 1988 a
$5 million aquatic center/gymnasium complex; and
WHEREAS, a feasibility report prepared by Hughes Group Architects
of Reston, Virginia, predicts that nearly 55% of the potential attendance
for this facility will be derived from county residents residing outside
the town; and ' •
WHEREAS, the adopted County of Loudoun Parks & Recreation Service Plan
calls for development of an olympic'pool: serving Leesburg by 1997; and
•
WHEREAS, the development of the Ida Lee Park aquatic center/gymnasium
complex will fulfill this need, saving the county millions ofdollars in
construction costs:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
An official Council appearance before the Loudoun County Board of
Supervisors on October 5 is authorized to present Leesburn's plans for
development of the Ida Lee Park aquatic center/gymnasium complex and to
request the Board's consideration of county participation in the capital
costs of this project. '
The town manager and Wayne Hughes of the Hughes Group Architects will
assist in this presentation.
' • Mr. Tolbert stated that councilmembers- should attend and give moral
support to those persons who will present this to the Board of
Supervisors.
•
Mr. Minor explained that it is appropriate for the' County to
contribute funds to this project because of the expected usership by
county, in addition to town, residents.
Aye: Councilmembers Clem, Leach, Tolbert and Mayor Sevila
i
Absent: Councilmembers Curry, Kelley and Williams - • '
)4 tcip
MINUTER OF THE SEPTEMBER 23, 1987 MEETING' -
87-205 - RESOLUTION - AUTHORIZING- A LEASE BETWEEN MARKET SQUARE
ASSOCIATES, INC. AND THE TOWN OF- LEESBURG REGARDING
A TEMPORARY PARKING LOT ON LAND. OWNED BY THE TOWN
ON THE EAST SIDE OF SOUTH HARRISON STREET
•
On a motion by Mr. Tolbert and seconded by Mr. Clem, the following
resolution was proposed: -
•
•
WHEREAS, the Town of Leesburg owns in fee simple.a 39,000 square-foot
parcel located south of Depot-Court-on the -east side of South Harrison
Street; and
WHEREAS, the majority of this parcel is presently zoned F-1; and
WHEREAS, pervious parking and loading areas are permitted in the F-1
zone; and • - - - - -'• - -
WHEREAS, the town and Market Square Associates, Inc. have negotiated a
three-year lease which will result in total rent to the town of at least
$32,400 over the term of the proposed lease; and
WHEREAS, Market Square Associates, Inc. desires to use the parcel as a
temporary parking lot for Market Station tenants; and
WHEREAS, this lease meets Council parking objectives for the Historic
District by preserving the public off-street and on-street parking along
Harrison Street for the general public; and
WHEREAS, all improvements to create the pervious parking facility will
be paid for by Market Square Associates, Inc. and willrequireno town
funds or future reimbursement: -
' - J
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager is authorized and directed to enter into 'a lease, on
behalf of the town, with Market Square Associates, Inc. in accordance with
the general terms and conditions of the lease transmitted to the Council on
September 18, 1987, subject to any modifications required by the town
attorney.
Mayor Sevila stated that this is not only a chance to turn
unused land into a profit opportunity, but also will provide additional
parking within the old and Historic District, in accordance with the town
plan. ,
Aye: Councilmembers Clem, Leach, Tolbert and Mayor Sevila
Absent: Councilmembers Curry, Kelley and Williams_
:NEW BUSINESS
87-206 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING PERMITS AND
APPROVING A PERFORMANCE GUARANTEE FOR IMPROVEMENTS
TO THE ROUTE 15 BYPASS AT BATTLEFIELD PARKWAY
On a motion by Mr. Tolbert and seconded by Mr. Clem, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg as follows:
SECTION I.' The manager shall execute on behalf of the town an
agreement (Form PC-2) with Richmond American for installation of public
improvements shown on the plans approved by the Director of Engineering and
Public Works for improvements to the Route 15 Bypass at Battlefield
Parkway.
•
MINUTES OF THE SEPTEMBER 23, 1987 MEETING •
SECTION II. A corporate suretybond in a form approved by the town
attorney from American Motorists Insurance company, Member of the Kemper
Group in the amount of $480,718.00 is approved as security to .guarantee
installation of the public improvements shown on the plans approved by the
Director of Engineering and Public Works for improvements to the Route 15
Bypass at Battlefield Parkway.
Thomas Mason reported that the town is working closely with VDOT
regarding these improvements.
Mayor Sevila asked whether these were the original plans proposed.
Mr. Mason stated that they were and now the final revisions will be
proposed, keeping the safety of the area in mind.
Aye: Councilmembers Clem, Leach, Tolbert and Mayor Sevila
Absent: Councilmembers Curry, Kelley and Williams
Mr. Minor brought another item onto the agenda regarding a FAA grant
for the Leesburg Municipal Airport runway project. The town has received
word that they can apply for this grant but must do so by September 30,
1987, therefore, this item must be considered this evening.
87-207 - RESOLUTION - AUTHORIZING GRANT AGREEMENT WITH THE UNITED STATES
OF AMERICA, FEDERAL AVIATION ADMINISTRATION, AND WITH
THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF AVIATION,
FOR FEDERAL AND STATE AID FOR RUNWAY AND APRON
IMPROVEMENTS TO LEESBURG MUNICIPAL AIRPORT
On a motion by Mr. Tolbert and seconded by Mr. Clem, the following
resolution was proposed:
WHEREAS, the Federal Aviation Administration has approved a grant
application for $1 million, which represents part of the costs for a
southerly 1,000 foot extension to the runway at Leesburg Municipal Airport;
and
WHEREAS, private contributions will be available to fund the sponsor
share of a runway extension and apron expansion; and
WHEREAS, the Council authorized preapplication and application for
this project; and
WHEREAS, the Leesburg Airport Commission has endorsed these projects
and
WHEREAS, the project is essential to incr-ase the economic vitality
and air transportation utility of the airport; and
WHEREAS, Virginia Department of Aviation has tentatively committed a
portion of the state share for these projects:
THEREF^RE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The town manager shall execute the grant agreement with
the FAA for land/easement acquisitions for the 1,000 foot south runway
extension and requisite engineering.
SECTION II. The manager shall execute similar documents with the
Commonwealth of Virginia with respect to this project.
Mr. Minor went on to say that this has been an ,ongoing project and in
reviewing prior legislation found that they did not have the authority to
execute the grant agreement. This was something that the Council wanted to
review to make sure that funds were still available to continue with the
project.
, l
to
I%,)
MINUTES OF THE SEPTEMBER 23, 1987 MEETING
Aye: Councilmembers Clem; Leach, Tolbert and Mayor Sevila
11
Absent: Councilmembers Curry, Kelley "and Williams i
Oma motion by Mr. Tolbert and" seconded 'by Mr. Clem the 'meeting was
adjourned at 10:07 p.m.
Aye: Councilmembers Clem, Leach; Tolbert and Mayor Sevila
Absent: Councilmembers Curry, Kelley and Williams
ti , .
Mayor
' /C,..--- /f. i
Clerk ofCouncil
J
1