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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 t •