HomeMy Public PortalAbout1988_01_13 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 13, 1988 AG:?
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia, on January 13, 1988,
at 7:30 P.M. The meeting was called to order by the Mayor with the invoca- •
tion given by Mr. Tolbert, followed by the Salute to the Flag led by
Councilmember Curry. Present were Mayor Robert E. Sevila; Councilmembers
James E. Clem; Arl Curry; Brian Kelley; Hunter Leach; John Tolbert, Jr. ;
and Charles Williams. Staff members present were Town Manager Jeffrey H.
Minor; Assistant Town Manager Steven Brown; Director of. Finance Paul York;
Director of Planning, Zoning and Development Martha Mason-Semmes; Assistant
Director of Planning, Zoning and Development Thomas Poupard; and Town Attor-
ney George Martin. - •
On motion by Mr. Tolbert, seconded by Mr. Williams, it was recommended
that the minutes of regular meetings of October 14, and October 28, 1987,
be approved as submitted.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
PETITIONERS
No one from the audience spoke at this time. Mayor Sevila commented
briefly on the Certificate of Appreciation for Burke McCahill for his par-
ticipation on the Environmental Advisory Commission. Mr. McCahill was
unable to attend the meeting; however, the Mayor said he would present the
certificate to Mr. McCahill in his office.
PUBLIC HEARING ON AMENDMENTS TO THE TOWN CODE TO CHANGE THE BUSINESS LI-
CENSE YEAR FROM JULY 1 to APRIL 15 AND THE RATE OF INTEREST CHARGED ON
DELINQUENT LICENSES FROM EIGHT PERCENT TO TEN PERCENT
Paul York, Director of Finance, explained briefly that what we are
doing with the amendments proposed is to bring our business license ordi-
nance into consistency with the county and other area jurisdictions that
have their business license year falling on the calendar year as opposed to
a fiscal year, which ours currently is. We feel that from an administra-
tive standpoint it will be easier for us to administer the business license
ordinance if we are consistent with other governments in this area so we
are proposing to change the license year from the fiscal year. The due
date of the licenses will be changed from July 1 to April 15 of each year.
We are also proposing the raising of the late fee for delinquent business
licenses from eight percent to ten percent penalty, which again is consis-
tent with other late payment penalties that we have on other forms of tax-
es, such as the meals tax, hotel/motel tax, personal and real property tax.
The public hearing was closed at this time.
•
On motion by Mr. Williams, seconded by Mr. Kelley,. Council voted to
refer this matter back to the Finance and Administration Committee for
January 19, 1988.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams
and Mayor Sevila
Nay: None
COUNCILMEMBER COMMENTS
Mr. Williams reported the Parks and Recreation Commission met this
week and there was a master plan update presented by the staff with respect
to the elevations of the proposed facility -- the swimming and the indoor
gymnasium. In addition to that, the Lamplighter, which will be devoted
to the new facility, will be mailed out this week. It will emphasize all
the elements and aspects of the new facility and it underscores the public
hearing date set for January 20. He said they would like to have as much
public input as possible with respect to all phases of this park. He also
complimented the staff on looking into installing a street light on Belmont
Court and also•in correcting the hazard on the sidewalk at King and Loudoun
Streets where we did have a citizen fall.
MINUTES OF. REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 13, 1988
Mr. Kelley said he wanted to publicly thank both the Company One
Leesburg Volunteer Fire Department and the Loudoun County Rescue Squad for
inviting members of Council to their annual awards banquet/dinner. He also
reported the Environmental Development Advisory Commission met this morning
and had a goal session meeting -- these will be forwarded to the Finance
and Administration Committee for inclusion on the next agenda.
Mr. Tolbert said on January 2 he attended Mr. Phil Brownrigg's funer-
al -- he said he was disappointed that no one else from Council was there.
He also said he attended the recycling program in Middleburg and he thought
it was very successful. There were representatives from California, Penn-
sylvania, New York and several surrounding communities in Virginia.
Mayor Sevila having been appointed by the Council to the selection
committee to select a consultant to do the facilities standards manual, met
with Tom Poupard, Tom Mason, Paul Gauthier and Randy Shoemaker to review
the seven applications received. He said the preliminary work was to nar-
row the field of seven down to a short list that they can begin interview-
ing. They hope to be back to Council by the next regular meeting with a
firm selected. A couple of items relating to transportation -- the Mayor
said he was asked to serve on a panel next week at George Mason University
on a sub-regional transportation plan. The speaker at the luncheon will be
Congressman Frank Wolf and there are two afternoon programs which will
consist of panels addressing major transportation issues in northern Virgin-
ia and how they affect all jurisdictions. He said he has also been asked
to serve on a panel of elected officials and staffs in northern Virginia
which is attempting to address transportation in the northern Virginia area
pursuant to requests from Governor Baliles and Vivian Watts. He said he
looks forward to sharing with them the concerns of Leesburg regarding trans-
portation. He also complimented the street crew on how efficient they were
in clearing the roads and keeping them passable during the snowfall this
past week.
MANAGER'S REPORT
Mr. Minor reported the Council did receive a written activity report
which was fairly lenghty because of skipping a meeting. The one item he
highlighted was the filling of the Engineer I position in the division of
plan review. Charles M. Mumaw was hired for this position. He previously
was employed by Christopher Consultants as a design engineer.
He also reported that the Bryd Tallamy report was received. He said
some corrections would be made and it then would be sent to Council. There
will be representatives at the Committee meetings to present the alterna-
tive alignments and discuss their recommendation.
The Planning Department is also working on drafting an RFP that will go
to Byrd Tallamy, MacDonald and Lewis and also Bellomo and McGee that will
request their proposal on alignment for Route 654 north.
Mr. Minor mentioned the construction standards meeting. The four
short-listed firms were Byrd Tallamy, MacDonald and Lewis; Gordon Associ-
ates; Betz Converse Murdock and Gannett Fleming.
He also mentioned that for the second year in a row Mr. York has report-
ed the GFOA, Government Finance Officers Association, awarded the town
another distinguished budget presentation award. We are very Happy about
this and, most of the credit goes to Mr. York, however credit should also
go to all departments that contribute to the budget and to the Council
itself.
At this time, Mr. Minor announced the employees receiving a performance
award. This is a program that Council funds each year for those employees
who have learned new skills, have broken new ground in areas of their work,
who have gone the extra mile, done the extra job, made that outstanding
contribution that not every employee can make.
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 13, 1988
LEGISLATION
88-0-1 - ORDINANCE - AMENDING CHAPTER 19, ARTICLE IV, SECTION 19-58 OF
THE TOWN CODE REGARDING CROSS-CONNECTION AND
BACKFLOW PREVENTION CONTROL
On motion by Mr. Curry, seconded by Mr. Kelley, the following ordinance
•
was proposed and, after a brief explanation by Mr. Minor, was unanimously
adopted:
WHEREAS, the Virginia Department of Health Waterworks Regulations re-
quire that each owner of a waterworks establish and enforce a program of
cross-connection control and backflow prevention for each waterworks; and
WHEREAS, the existing Town Code does not clearly establish authority
for requirement of backflow prevention devices on all fire protection sys-
tems; and
WHEREAS, the American Water Works Association recommends isolation of
fire protection systems from potable water systems using proper backflow
prevention assemblies based on the degree of determined hazard posed by the
fire protection system:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Chapter 19, Article IV, Section 19-58 of the Town Code is
hereby amended to read as follows:
ARTICLE IV. CROSS-CONNECTION AND
BACKFLOW PREVENTION CONTROL
Sec. 19-58. Where protection is required.
(a) An approved backflow prevention device shall be installed on each
service line to a consumer's water system where, in the judgment of the
town, a health, pollutional or system hazard to the water system exists.
•
(b) An approved backflow prevention device shall be installed on each
service line to a consumer's water system serving premises where the follow-
ing conditions exist, except as noted in paragraph (7) below:
(1) Premises having an auxiliary water system, unless such auxiliary
system is accepted as an additional source by the town.
(2) Premises on which any substance is handled in such a manner as to
create an actual or potential hazard to the water system (inclu-
ding premises having sources or systems containing process fluids
or waters originating from a waterworks which are not under the
control of the town) .
(3) Premises having internal cross-connections that, in the judgment
of the director of utilities may not be easily correctible or
intricate plumbing arrangements which make it impractical to deter-
mine whether or not cross-connections exist.
(4) Premises where, because of security requirements or other
prohibitions or restrictions, it is impossible or impractical to
make a complete cross-connection survey.
(5) Premises having a repeated history of cross-connections being
established or reestablished.
(6) Premises having fire protection systems utilizing combinations of
sprinklers, fire loops, storage tanks, pumps, antifreeze protec-
tion or auxiliary water. except-that-fire-Jeeps-and-sprinkler
systems-with-openings-not-subject-te-flooding;-containing-no-anti-
freeze-or-ether-chemicals-and-with-no-storage-or-auxiliary-senrces
roil-not-normally-require-backflow-prevention-
(7) Premises having booster pumps connected to the waterworks shall
be equipped with a low-pressure cutoff device to shut off the
2.
lIio COUNCIL,OF REGULAR MEETING OF LEESBURG TOWN JANUARY 13, 1988
booster pump when the pressure in the waterworks drops to a mini-
mum of ten psi gauge.
(8) Other premises specified by the town when cause can be shown that
a potential cross-connection hazard exists.
(c) An approved backflow prevention device shall be installed on each
service line to a consumer's water system serving the following types of
facilities.
(1) Hospitals, mortuaries, clinics, nursing homes;
(2) Laboratories;
(3) Piers, docks, waterfront facilities
(4) Sewage treatment plants, sewage pumping stations or storm water
pumping stations;
(5) Food and beverage processing plants;
(6) Chemical plants, dyeing plants;
(7) Metal plating industries;
(8) Petroleum processing or storage plants;
(9) Radioactive materials processing plants, nuclear reactors;
(10) Car washes;
(11) Lawn sprinkler systems, irrigations systems;
(12) Fire service systems;
(13) Slaughterhouses and poultry processing plants;
(14) Farms where the water is used for other than household purposes;
(15) Others specified by the director of utilities where potential
backflow or cross-connection hazard can be shown.
SECTION II. This Ordinance shall be in effect upon its passage.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams
and Mayor Sevila
Nay: None
88-0-2 ORDINANCE - AMENDING SECTION 11-70 OF THE TOWN CODE REGARDING
MASSAGE TECHNICIANS
On motion by Mr. Williams, seconded by Mr. Clem, the following ordi-
nance was proposed and after an explanation by Mr. Minor and some discus-
sion, was adopted byroll call:
WHEREAS, Leesburg's regulations for massage therapy effectively prohib-
it the administration of massage therapy outside of a hospital, medical or
nursing home setting; and
WHEREAS, this Council has received letters from physicians, social
workers and other health care professionals supporting a change in town
regulations to permit therapeutic massage; and
WHEREAS, this Council has received correspondence from clients of mas-
sage therapists operating in other states in support of the therapeutic
benefits of massage:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Section 11-70 of the Town Code is hereby amended to read as
follows:
Sec. 11-70. Unlawful acts of massage technician.
It shall be unlawful for a massage technician to willfully perform
any of the following acts:
(a) Placing of hand or hands upon, touching with any part of
the body, fondling in any manner, or massaging a sexual or
genital part, or any portion thereof, to any other person.
(b) Exposing of a sexual or genital part, or any portion
thereof, to any other person.
(c) Failing to conceal, with a fully opaque covering in the
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 13, 1988 27?
presence of any other person, the sexual or genital parts of
such massage technician.
ft-shaii-be-uniawfu1-for-any-massage-technician-to-massage-a
person-of-another-sex-in-a-massage-parlors
It shall be unlawful for any person owning, operating or managing
a massage parlor, knowingly to cause, allow or permit in or about such
massage parlor, any agent, employee or any other person under his con-
trol or supervision, or any other massage technician to perform such
acts prohibited in this section.
SECTION II. This ordinance shall be in effect upon its passage and all
ordinances and resolutions in conflict herewith are repealed.
Aye: Councilmembers Curry, Leach, Clem, Williams and Mayor Sevila
Nay: Councilmembers Kelley and Tolbert
On motion by Mr. Williams, seconded by Mr. Clem, it was recommended the
ordinance amending Section 17-78 of the Town Code regarding massage parlor
license tax be referred back to committee level for further consideration.
88-4 - RESOLUTION - LEESBURG SUPPORT FOR A NORTHERN VIRGINIA
SUBREGIONAL TRANSPORTATION PLAN
On motion by Mr. Kelley, seconded by Mr. Tolbert, the following resolu-
tions were proposed and unanimously adopted as consent items:
WHEREAS, on September 17, 1987, Governor Gerald Baliles, in recognition
of the extraordinary transportation needs of Northern Virginia, directed
the development of a detailed Subregional Transportation Plan for the area;
and
' WHEREAS, this Plan in map form, should reflect regional consensus on
transportation objectives and indicate construction objectives in the great-
est possible detail including, but not limited to, specific rights-of-way,
identification of interchanges, locations of new transportation corridors
(including the proposed Dulles Toll Road Extension), mass transit and traf-
fic management alternatives, demographic information, and the estimated
cost of necessary improvements; and
WHEREAS, the Plan will be the result of a fully coordinated effort
between state, local and federal entities, as well as the private sector,
and will take into consideration the transportation needs identified by
each of these entities; and
WHEREAS, such coordination is to be ensured through regularly scheduled
meetings of Policy, Technical and Citizen Committees composed of mayors,
board chairs, regional transportation organization chairs, local staff
representatives, and citizen representatives; and
WHEREAS, the Plan is to be prepared within one year; and the need for
such a detailed transportation Plan is fully recognized:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. This Council fully supports the efforts to prepare a North-
ern Subregional Transportation Plan, and offers the assistance of the Town
of Leesburg in the corporative development of the Plan, as necessary in
order to achieve Governor Baliles' objective to have the Plan adopted with-
in one year.
SECTION II. Once the Northern Virginia Subregional Transportation Plan
is prepared, the Town of Leesburg will consider necessary amendments to the
Transportation Element of the Town Plan in order to implement the Plan.
SECTION III. The Town Manager is authorized and directed to transmit a
copy of this resolution to the Honorable Gerald L. Baliles, Governor of the
Commonwealth; the Honorable Vivian Watts, Secretary of Transportation; the
Honorable Ray D. Pethtel, Commissioner of Transportation; the Honorable
Charles L. Waddell, the Honorable Kenneth B. Rollins, the Honorable Robert
01-1 °21MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 13, 1988
Andrews; and Charles Perry, District Engineer for the Northern Virginia
District of the Virginia Department of Transportation.
88-5 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS INSTALLATION FOR THE
POTOMAC CROSSING PLANNED DEVELOPMENT SECTION 1I
WHEREAS, the Town's Director of Engineering and Public Works has re-
viewed the public improvements installed to date for the Potomac Crossing
Planned Development Section 1I and certifies that the value of work per-
formed is $329,261.00; and
WHEREAS, a letter of credit from the United Savings Bank of Vienna,
Virginia, in the amount of $411,576.00 has been provided by the developer
and approved by Council to guarantee installation of public improvements
for the Potomac Crossing Planned Development Section 1I:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The letter of credit from the United Savings Bank of Vien-
na, Virginia, in the amount of $411,576.00 is reduced to $82,315.00.
SECTION II. The Town Manager shall notify the developer that liability
for the 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 responsibili-
ties outlined in the contract for public improvements for the Potomac Cross-
ing Planned Development Section II.
88-6 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 29 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 con-
tract"; and
WHEREAS, the contractor has submitted Payment Request No. 29 on Decem-
ber 22, 1987, and Camp, Dresser & McKee has reviewed and approved this re-
quest; and
WHEREAS, the Director of Engineering and Public Works has recommended
payment of Payment Request No. 29 in the amount of $202,545.00.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Payment in the amount of $202,545.00 ($213,206.00 less 5% retainage)
shall be made to R. F. Kline, Inc. , for Payment Request No. 29 for the
Wastewater Treatment Plant Expansion Project.
88-7 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR #ZM-96--PORETSKY
BUILDING GROUP
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A Notice of Public Hearing to consider rezoning application //ZM-96 by
the Poretsky Building Group to rezone 8.991 acres of land located on North
King Street and bounded on the south by the Babson tract, on the east by
the Paxton Subdivision and north by the Manor Subdivision, from County R-1
to Town R-1 shall be published in the Loudoun Times-Mirror. The notice
shall be published on January 28, and February 4, 1988, for public hearing
on February 10, 1988, at 7:30 p.m. in the Council Chambers, 10 Loudoun
Street, S.W. , Leesburg, Virginia.
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 13, 1988 d./7,5
88-8 - RESOLUTION - AUTHORIZING A PUBLIC HEARING ON AMENDMENTS TO THE
SUBDIVISION AND LAND DEVELOPMENT REGULATIONS RE-
GARDING CRITERIA AND PROCEDURES FOR SUBDIVISION •
PLAT APPROVAL, FEES FOR PRELIMINARY/FINAL DEVELOP-
MENT PLANS AND THE DEFINITION OF REQUIRED SPECIFICA-
' TIONS
WHEREAS, a joint public hearing was held on September 23, 1987, regard-
ing proposed amendments to the Leesburg Subdivision and Land Development
Regulations initiated by Council on July 22, 1987; and
WHEREAS, the Planning Commission made a number of substantive changes
to the draft regulations following the public hearing, including the separa-
tion of amendments related to subdivision plats and development plans; and
WHEREAS, the Planning Commission on January 7, 1988, recommended to
Council approval of that portion of the amendments related to fees for
preliminary/final development plans, criteria and procedures for subdivi-
sion plat approval, and the definition of Required Specifications; and
WHEREAS, another public hearing on this portion of the revised amend-
ments is necessary to ensure adequate opportunity for public comment:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
A Notice of Public Hearing to consider revised amendments to the Subdi-
vision and Land Development Regulations regarding criteria and procedures
for subdivision plat approval, fees for preliminary/final development plans
and the definition of required specifications shall be published in the
Loudoun Times-Mirror. The notice shall be published on February 11, and
February 18, 1988, for public hearing on February 24, 1988, at 7:30 p.m. in
the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams
and Mayor Sevila
Nay: None
88-9 - RESOLUTION - AUTHORIZING PURCHASE OF PROPERTY REQUIRED TO
ESTABLISH A CLEAR ZONE FOR THE AIRPORT'S SOUTH ..
RUNWAY EXTENSION
On motion by Mr. Tolbert, seconded by Mr. Kelley, the following resolu-
tion was proposed and unanimously adopted:
WHEREAS, a 1000-foot extension of the existing runway is a part of the
approved Airport Master Plan and the 1988 Capital Improvements Program; and
WHEREAS, the runway extension is essential to the economic vitality and
transportation utility of Leesburg Municipal Airport; and
WHEREAS, the FAA requires that the town acquire fee simple title to
approximately 39 acres south of the airport to provide the necessary clear
zone; and
WHEREAS, the town staff, with the approval of the FAA, has negotiated a
tentative agreement with Richlynn Development Corporation to purchase
22. 7238 acres for $825,000; and
WHEREAS, the FAA and the Commonwealth of Virginia have agreed to fund
ninety-five percent of the acquisition:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager is authorized to enter into a purchase contract with -
Richlynn Development Corporation for the fee simple purchase of 22. 7238
acres of land identified on the attached plat as parcel 53 located in the
runway clear zone.
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 13, 1988
Aye: . Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams
Mayor Sevila
Nay: None
88-10 - RESOLUTION - AUTHORIZING THE MAYOR TO ACCEPT DEDICATIONS AND
EXECUTIVE LEGAL DOCUMENTS ON BEHALF OF THE TOWN
REQUIRED BY APPROVED SUBDIVISION PLATS AND DEVELOP-
MENT PLANS
On motion by Mr. Williams, seconded by Mr. Clem, the following resolu-
tion was proposed and unanimously adopted:
WHEREAS, the number of legal documents required by subdivision and
development plan approvals continues to increase; and
WHEREAS, these documents are approved as to legal form by the Town
Attorney or Deputy Town Attorney; and
WHEREAS, Section 2-3 of the Town Charter authorizes the Mayor's signa-
ture for "such documents and instruments as the Council, constitution or
general laws require"; and
WHEREAS, a general authorization by this Council for the Mayor's execu-
tion of deeds of dedication and similar legal documents required by ap-
proved subdivision plats and development plans will expedite the conveyance
of easements and dedicated land to the town:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The Mayor is authorized to execute on behalf of the Town of Leesburg
all legal instruments to which the town is a party in a form approved by
the Town Attorney, as required by subdivision plats and development plans
approved in accordance with the Leesburg Subdivision and Land Development
Regulations.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams
and Mayor Sevila
Nay: None
88-11 - RESOLUTION - AUTHORIZING A CONTRACT WITH DEWBERRY AND DAVIS
ENGINEERS FOR ENGINEERING SERVICES TO UPDATE PLANS
AND SPECIFICATIONS FOR THE TUSCARORA CREEK INTERCEP-
TOR SEWER AND PROVIDE CONSTRUCTION PHASE ENGINEER-
ING SERVICES
On motion by Mr. Tolbert, seconded by Mr. Kelley, the following resolu-
tion was proposed and unanimously adopted:
WHEREAS, in 1971 Dewberry, Nealon & Davis Engineers prepared plans and
specifications for construction of the 27-inch Tuscarora Creek Sanitary
Sewer Interceptor which subsequently was not constructed due to a decline
in residential housing construction; and
WHEREAS, the 1987 draft Water and Sewer Master Plan, prepared by Camp
Dresser & McKee Engineers, identified the existing interceptor as inade-
quate to meet current and future needs of the Town of Leesburg; and
WHEREAS, this contract is being awarded as a sole-source procurement,
pursuant to Section 8.4 of the town's purchasing policy, in that, a determi-
nation has been made that Dewberry and Davis Engineers is the only source
practicably available for providing comprehensive engineering services
relating to this project:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorized and directed to enter into a cost
plus fixed fee contract on behalf of the town, in a form approved by the
Town Attorney with Dewberry and Davis Engineers, in the amount of
$59,029.00 for design review and update of bid documents and construction
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 13, 1988 a? 7-r
engineering services on the Tuscarora Creek Sanitary Sewer Interceptor
project.
SECTION II. An additional appropriation of $60,000.00 is made to the
Utility Fund account number 300.3120. 700. 170.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams
and Mayor Sevila
Nay: None
88-12 - RESOLUTION - ESTABLISHING FEES FOR CONNECTIONS TO THE PUBLIC
WATER SYSTEM FOR THE ROUTE 643 WATERLINE
On motion by Mr. Kelley, seconded by Mr. Clem, the following resolution
was proposed, and after a brief explanation by Mr. Minor, was unanimously
adopted:
WHEREAS, Section 19-24 of the Town Code authorizes the town to collect
pro rata fees for public water facilities for town-constructed facilities
necessitated, at least in part, by future subdivisions or development of
land; and
WHEREAS, the town has constructed approximately 8,765 feet of a 16-inch
watermain and appurtenances and is committed to construct a related water
booster station to serve the Route 643 service area; and
WHEREAS, it has been determined that twenty percent of the costs of the
installation of these facilities is for public benefit, and eighty percent
is for the benefit of the land owners adjacent to these public water facili-
ties; and
WHEREAS, the final established price for all costs associated with the
Route 643 waterline project is $800,000 and the estimated cost of all costs
associated with the design and construction of the booster station is
$517,000.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. A Route 643 waterline pro rata facilities charge is hereby
established for all properties shown on the attached Exhibit I as follows:
A. Residential Uses. . . .$372. 69 per dwelling unit not to exceed the
total cost per acre assigned to property within the service area
as certified by the Director of Engineering and Public Works.
B. Office/Commercial Uses $1,062.83 per gross acre.
C. Employment Uses $ 966.21 per gross acre.
D. Institutional and Government
Uses $ 690. 15 per gross acre.
SECTION II. The fee as specified in Section I shall be paid prior to
the issuance of public facilities permits for new connections to the Route
643 waterline. Said fee shall be in addition to all availability and con-
nection fees the town is authorized to collect.
SECTION III. The fee shall be adjusted by the percentage increase or
decrease in Engineering News Record Construction costs index value at the
time of application. The current construction cost index value from which
the increase or decrease shall be measured is 4456.
SECTION IV. Those properties participating in the Route 643 waterline
agreement will pay a reduced pro rata charge, which will exclude the actual
cost of the Route 643 waterline. The percentage of water use assigned to
any property subject to the prior Route 643 waterline agreement will be
applied to only the estimated cost of the booster station as established
herein.
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 13, 1988 /'
SECTION V. The fees established herein shall run with the property and
the town manager shall maintain for public inspection a record of proper-
ties subject to these fees.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams
and Mayor Sevila
Nay: None
NEW BUSINESS
88-13 - RESOLUTION - VACATING A 20-FOOT STORM DRAINAGE EASEMENT IN
EXETER, SECTION I
On motion by Mr. Williams, seconded by Mr. Leach, the following resolu-
tion was proposed and unanimously adopted:
WHEREAS, the construction of drainage improvements for a part of the
Exeter, Section I Subdivision were located outside necessary easements; and
WHEREAS, all outstanding easements have been secured by the town and
reimbursement has been received from Washington Homes; and
WHEREAS, this Council has offered $1,277 for a two and one-half foot
easement in Exeter, Section I, Lot 10; and
WHEREAS, the owner has requested vacation of an existing 20-foot storm
drainage easement that runs the length of the rear of the property; and
WHEREAS, the Director of Engineering and Public Works confirms that
this storm drainage easement serves no public purpose:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The Mayor shall execute such documents as necessary, in a form approved
by the Town Attorney, to effect the vacation of the 20-foot storm drainage
easement running the length of Lot 10 within Exeter I.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams
and Mayor Sevila
Nay: None
On motion by Mr. Kelley, duly seconded, Council voted to go into Execu-
tive Session pursuant to Section 2. 1-344(a)(1) of the 1950 Code of Virginia
as amended to discuss personnel matters relating to appointments to the
Leesburg Airport Commission and to the Leesburg Planning Commission.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams
and Mayor Sevila
Nay: None
Council reconvened with no action having been taken in Executive Ses-
sion.
On motion by Mr. Williams to nominate Richard Wade to the Leesburg
Airport Commission and by Mr. Curry to nominate Carl Johnson to the
Leesburg Planning Commission, both seconded by Mr. Leach, the following
resolution was proposed and unanimously adopted:
88-14 - RESOLUTION - MAKING AN APPOINTMENT TO THE LEESBURG AIRPORT
COMMISSION AND TO THE LEESBURG PLANNING COMMISSION
WHEREAS, Meredith Royston has resigned as a member of the Leesburg
Airport Commission and James E. Clem has resigned as a member of the
Leesburg Planning Commission; and
WHEREAS, Mr. Royston's term as a member of the Airport Commission would
expire on June 30, 1990 and Mr. Clem's term on the Leesburg Planning Commis-
sion would expire on December 31, 1988; and
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 13, 1988 7i/�?.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia •
as follows:
Richard Wade is appointed to the Leesburg Airport Commission for a term
to expire June 30, 1988 and Carl Johnson is appointed to the Leesburg Plan-
ning Commission for a term to expire December 31, 1988.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams
and Mayor Sevila
Nay: None
On motion duly made and seconded, the meeting was adjourned.
Mayor
). /4„,J
Clerk of Coluncil
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