HomeMy Public PortalAbout1991_06_25REGULAR MEETING OF THE LEESBURG TOWN COUNCIL
JUNE ~5, 1991
A regular meeting of the Town Council of the Town of Leesburg was held on June 25, 1991,
at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was
called to order by the Mayor.
INVOCATION was given by Councilmember Kimball
SALUTE TO THE FLAG was led by Councilmember Lovin
ROLL CALL
Councilmembers present
Georgia W. Bange
James E. Clem
Christine M. Forester
Donald A. Kimball
Claxton E. Lovin
William F. Webb
Mayor Robert E. Sevila
Staff members present
Steven C. Brown, Town Manager
Paul E. York~Director of Finance
Director of Engineering and Public Works Thomas A. Mason
Planner Peter Stephenson
Zoning Administrator Scott Johnson
Public Information Officer Susan Farmer
Deputy Town Attorney Deborah Welsh
Clerk of Council Barbara Markland
CERTIFICATE OF APPRECIATION
Mayor Sevila presented a Certificate of Appreciation to Water Treatment Plant Operator Jeff Chaney
for serving in Operation Desert Storm. The ce~dficate read: "In recognition for his loyalty and service
to our nation while on active, militaw duty during Operation Desert Storm."
PETITIONERS
Mr. Kelly Dennis, 6707 Old Dominion Drive, McLean, Virginia, representing Harvest Square Lot 5,
addressed the Council. He stated that the applicant has a matter before the Planning Commission and
that his remarks are directed primarily to the councilmanic representative to the Planning Commission.
This is a matter that has degenerated to where it may result in potential liability for the town.
He stated that the site is on Catoctin Circle and it has reached the point in the Planning Commission
stage where it is literally ready for final plat approval. It is merely a site plan - a gas station. The
Planning Commission is saying that because we are in an F-1 District and the new PFM requires that
a FEMA study be done. This must be done as a condition before getting the plans reviewed. There
has been a series of correspondence since 1987, particularly one from the planning department when
this question was posed by the applicant, stating unequivocally that we were vested with M-1. There
is even a designation on the most recent Planning Commission agenda sheet where it is called F-1
(vested M-l). But for what ever reason Leesburg chose to use a district mechanism for its floodplain.
Ultimately this means that there are two layers that have to be gone through if you assume that a
FEMA study must be done. Then we also have to amend the Zoning Map of the Town of Leesburg.
We would agree that is an imposition that is fair if it was an overlay concept being used. We believe
that this is outside the scope of the Planning Commission's authority in reviewing our plat. We would
ask that the Council provide some caucusing on this. Basically, you have a project that is already to
go and now we have to wait six to nine months to amend the FEMA Map.
Mayor Sevila asked Mr. Dennis if had communicated these concerns to the town attorney. Mr. Dennis
stated yes, as usual Ms. Welsh is absolutely a gem to work with but her hands are tied. We are
asking that if the Council has a mechanism then to use it.
Mayor Sevila stated that the Council does not want to engage in directing or advising our Planning
Commission on how to decide these issues. The person we would look to in this case, if there is a
mistake of law or misapplication of the law, would be our own town attorney. Of if there is an opinion
relating to an interpretation of the Zoning Ordinance is a decision that has to be made by the Zoning
Administrator. Then you have your recourse and appeal from any decision that you deem may be
incorrect.
Mr. Pat Moynahan, representing Loudoun Foundation for Adequate Housing (LFAH), addressed the
Council. He stated that a couple of weeks ago LFAH received notice from the State Department of
Housing and Community Development that we were unsuccessful in procuring community
Minutes of June 25, 1991
development block grants in the amount of $1 million. He thanked the Council for the process and
their patience in the process. We plan to go forward next year with application to the same
depa~"cment.
Through another agency we were able to secure almost $2 million in below market rate mortgage funds
for some projects that we are proposing.
Mayor Sevila encouraged Mr. Moynahan to stay in touch with the planning department as the town
moves fot~vard through the comprehensive planning process because, as a policy matter, this should be
addressed then.
Mrs. Cathy Hartsook, addressed the Council with regard to the parking situations on Loudoun and
Market and Wirt Streets. She expressed support of parking on these streets.
Mr. Brown stated that this matter will be fu,~cher discussed at next weeks Administration and Public
Works Committee meeting.
PUBLIC HEARINGS
7. a. GASOLINE STATION DEFINITION - ZONING ORDINANCE AMENDMENT
Zoning Administrator Scott Johnson addressed the Council presenting a staff repo~. He stated that
this is a request to change the Zoning Ordinance to address the gasoline station sign definition. We
have attempted to arrive at a definition of what a gasoline station is. The proposed definition will be
incorporated into the sign regulations of Article 10.
Mr. Kimball asked how an applicant would verify that he has a gas station. Mr. Johnson stated that
there is no standard to provide this information. We would ask where the primmT source of revenue
is.
There was no public comment.
The Mayor closed the public hearing.
MOTION
On motion of Mr. Lovin, seconded by Mr. Clem, this matter was referred to the July 2, 1991, Planning
and Zoning Committee meeting for further consideration.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
7. b. AMENDING THE SPECIAL EXCEPTION PROCESS
Zoning Administrator Scott Johnson addressed the Council presenting a staff repo~"c. He stated that
this amendment would allow an applicant to submit a rezoning and a special exception concurrently.
Mayor Sevila asked if the Council still has the ability to deny an applied for special exception that was
filed concurrently with the zoning ordinance simply because it got there first. Mr. Johnson stated yes
the Council could. Mayor Sevila stated that he agrees with the intent of the amendment.
Mr. Clem asked when an application comes before the Council, could the Council approve the rezoning
and deny the special exception. Mr. Johnson stated that is correct.
There was no public comment.
The Mayor closed the public hearing.
MOTION
On motion of Mrs. Forester, seconded by Mr. Clem, this matter was referred to the July 2, 1991,
Planning and Zoning Committee meeting for further consideration.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
7. c. SPECIAL EXCEPTION APPLICATION #SE-91-02 CATOCTIN CIRCLE INDUSTRIAL
SUBDIVISION, LOT 5
Planner Peter Stephenson, addressed the Council prcaenting thc staff report, ti¢ atated that thin ia an
application by Mr. Norman P. Horn, trustee for the prope~"~y located at 306 Industrial Court. This is
a request to expand the vehicle se~ices uses for this property. Presently half of the subject building
Minutes of June 25, 1991
has been occupied by Leesburg Automotive Radiator and Air Conditioning. The owner has entered into
a lease with Catoctin Automotive Incorporated for the use of the space as a general automotive repair
facility. Thus the whole building will be used effectively for automotive repair. A special exception
approval is required to allow the expansion of this use. The property was previously zoned M-1
Industrial. Staff is vew suppm"dve of this application. Mr. Horn is present to answer any questions.
Mr. John Tolbm"~ asked if the parking would remain gravel. Mr. Stephenson answered yes.
There was no public comment.
The Mayor closed the public hearing.
MOTION
On motion of Ms. Bange, seconded by Mr. Lovin, the following resolution ~vas proposed and
unanimously adopted.
91-0-20 ~ ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-91-02 CATOCTIN
CIRCLE INDUSTRIAL SUBDIVISION, LOT 5 BY NORMAN P. HORN, TRUSTEE
WHEREAS, special exception application #SE-91-02 Catoctin Circle Industrial Subdivision, Lot
5 by Norman P. Horn, Trustee to allow expansion of the vehicle service uses at 306 Industrial Com~,
S.E., zoned B-2, was received on May 14, 1991; and
WHEREAS, on June 13, 1991 the Leeshurg Planning Commission recommended conditional
approval of this application; and
WHEREAS, on June 25, 1991 the Leesburg Town Council held a public hearing to consider this
application; and
WHEREAS, the proposed use is compatible with surrounding land use and zoning, and is
consistent with the specific vehicle and/or equipment service facility review criteria and standards set
fm"~h in Section 11A-7 (14) of the Leesburg Zoning Ordinance; and
WHEREAS, per Section 11A-6 of the Leesburg Zoning Ordinance, the Town Council may
impose conditions and safeguards to ensure compliance with the intent and objectives of the Ordinance:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Special Exception application #SE-91-02 Catoctin Circle Industrial Subdivision,
Lot 5 by Norman P. Horn, Trustee is hereby approved to allow expansion of vehicle smxice uses to
occupy the entire 6,000 square foot building at 306 Industrial Court, S.E., located in the B-2,
Established Corridor Commercial Zoning District, subject to the following conditions:
The existing, pavement designated handicapped parking space shall be clearly identified
by the installation of a sign, a minimum of four feet in height and 1.5 square feet in
area, with the words "rese~ed parking" and having a handicapped logo.
o
The existing outdoor storage area adjacent to the se~wice bays/garage doors shall not
include any more than four (4) abandoned, wrecked, or inoperable vehicles for more
than one week, subject to the limitation that there shall be no wrecking, or shall of
said vehicles or pa~"~(s) thereof. The outdoor storage area shall be fu,"~her limited to
include no more than one above-ground waste oil tank. All automotive pa~ls shall be
stored inside the building.
All required perimeter landscaping and existing vegetative screening shall be
maintained. If existing vegetative screening along the northern property line, abutting
the W&OD Trail, is removed the property owner shall be required by the Zoning
Administrator to acceptably screen the outdoor storage area by use of landscape
materials and/or board on board fencing.
All existing lighting fixtures used to illuminate outdoor areas shall be positioned to
avoid glare to the surrounding areas. The facility shall be lit only during the hours
that the facility is open for business, except for necessary security lighting.
The trash dumpster and/or receptacles for this use shall be located so as not to
interfere with designated traffic aisles or parking spaces.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
COUNCILMEMBER COMMENTS
Mr. Webb stated that he has heard many compliments regarding the opening of the new parking facility.
Minutes of June 25, 1991
He thanked the staff on their conduct duling the gq'and opening of the garage and the street cleaning
aftet~vards.
Mr. Lovin welcomed his mother and father-in-law, Mr. and Mrs. Joe Clarkson from Newpot~c Beach,
California, who are visiting Leesburg.
He congratulated the graduating class and stated that Ida Lee Park is a nice facility to hold the
graduating activities.
He thanked Mr. Brown for the parking facility grand opening and dedication. Also the Taste of
Leesburg was vew nice.
Mr. Clem wished to welcome the new owners of the Light House of Loudoun, located at 24 West Market
Street. The lighting fixtures that are for sale here are in the vintage of 1850 to 1920.
He thanked Mr. Brown and the town staff for a job well done during the parking facility grand opening
and dedication.
He talked with Jeff Chaney when he returned home and it was nice to know that many maps were used
in Operation Deset"~ Storm that Mr. Clem's office produced.
The Lions Club will be conducting their 10th Annual Antique Car Show on Sunday at Ida Lee Park.
He wished to remind the citizens of Leesburg that the Farmer's Market is open.
Mr. Kimball echoed the councilmember's comments regarding the gq'and opening of the parking facility.
He wished to congratulate his son on his recent marriage engagement.
Sunday evening was the first Bluemont Concert Series. Mr. Dunning had some vew gracious remarks
of the Town Council for our suppm% financially of this activity.
He thanked Mr. Brown for the increased smweillance by the police department in the Countw Club
area.
Mrs. Forester complimented the town staff on the grand opening of the new parking facility. It was
positive event combined with the Taste of Leesburg.
She thanked the staff at Ida Lee Park for the all night graduation activities held at the park.
The Planning Commission will not meet on July 4th.
She wished to say hello to her parents who are visiting Leesburg.
Ms. Bange stated that the grand opening for the parking garage was great. She thanked Mr. Brown and
the town staff.
MAYOR'S REPORT
Mayor Sevila also joined his fellow councilmembers in commending Mr. Brown for an outstanding job
in getting the garage ready for the grand opening. It is quite a facility and quite an addition to the
downtown.
On motion of-Mrs. Forester, seconded by Mr. Clem, the fo]lowing Resolution of Respect was proposed
and unanimously adopted.
RESOLUTION OF RESPECT
WHEREAS, Mr. William Fitzhugh Rust, Jr., a descendant of the Lee family and a well-known
community benefactor, died on June 7, 1991, at his home; and
WHEREAS, Mr. Rust and his wife, Margaret Dole Rust, gave the Town of Leesburg 138 acres of
farmland in 1986 for perpetual use as Ida Lee Park;
WHEREAS, the Rusts donated an additional three acres for a new Leesburg libra~ and t~vo acres
to Union Cemetew; and
WHEREAS, in 1991 Mr. Rust gave the town $50,000 to construct a pavilion and p]aygq-ound at the
park; and
WHEREAS, Leesburg and Loudoun County citizens enjoy many recreational and cultural
opportunities made possible through Mr. Rust's generosity:
THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg
in Virginia extend their sympathy to his family and to all who knew him; and
Minutes of June 25, 1991
BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this
meeting and that a copy be sent to his wife and children.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
MANAGER'S REPORT
Mr. Brown thanked the Council for all of their commendations regarding the parking facility grand
opening. He stated that he would like to deflect some of those back to the Council for the tremendous
support and political courage that it took to take the step to see it completed. Also to Tom Mason and
his staff, as well as, Susan Farmer, Public Information Officer who put together the dedication ceremony.
He thanked Leesburg Renaissance for the Taste of Leesburg event.
Michael Tompkins from Prince William County has accepted the position of Director of Planning, Zoning
and Land Development. He will begin August 5.
LEGISLATION
11. (b)
Mr. Brown stated that at the adoption of this legislation the town will have a $.19 per $100.00 assessed
value on real estate and vehicles used as mobile homes or offices. We are also proposing that the town
go to a semi-annual tax billing as Loudoun County does.
DISCUSSION
Mrs. Forester asked that Mr. Brown provide a scenario of the Januaw 1, 1992 effective date - the
payments. She stated that the town is now enacting a tax rate of $.19 effective July 1991 to June 30,
1992. In December of this year, taxpayers are going to be paying real estate tax based upon one years
wm"~h of taxes at $.19. Mr. York explained that next year on June 5 they will be paying taxes for a
half year at a tax rate that the Council will' set next year for the subsequent fiscal years taxes. Unless
the same rate of $.19 is retained. The budget cycle for next year will have to be moved fm~vard. We
will have to have our budget adopted and a tax rate set for 1992 real estate taxes prior to June 5.
Mr. Webb stated that he has no problem with the twice a year assessment, however, during these
economic times there are some ways that we can cut the budget and leave the tax rate at $.17. He
stated that he cannot support the proposed increase.
Mr. Kimball asked how much the two cent increase would be to the average tax payer? Mr. Brown
stated that it would be $26.00 per year on the average home. Mr. Kimball stated that he shaves Mr.
Webb's concerns with regard to the increase, however, he is prepared to support the increase. It is the
proper thing to do.
Ms. Bange echoed the comments of her fellow councilmembers. She stated that she would rather not
have any tax increase, however, she will suppo~c this increase with the assurance from Mr. Brown that
each department will monitor very carefully expenditures.
Mayor sevila stated that the Council sat through many budget workshops and through evaluation upon
evaluation did everything including reduce increases and cost of living, merit pay increases and annual
awards of all the town employees. If we don't adopt this budget this town grinds to a halt next Monday.
We have to suppm~ it. We have all had the oppo,~unity to try and come to a tax rate that was as low
as we could possibly make it under the circumstances without reducing the smwices in this community
below a level of acceptability by our citizens.
MOTION
On motion of Mrs. Forester, seconded by Mr. Lovin, the following ordinance was proposed and adopted
by a roll call vote of 6-1.
91-0-21 - ORDINANCE - AMENDING ARTICLE 1 OF CHAPTER 17 OF THE TOWN CODE TO
REVISE THE REAL ESTATE TAX RATE FOR 1991, TO PROVIDE FOR THE SEMI-
ANNUAL COLLECTION OF REAL ESTATE TAX AND TO REVISE THE PENALTY
AND INTEREST DATES ON DELINQUENT TAXES
WHEREAS, the approved budget for fiscal year 1992 is balanced at a rate of $0.19 per $i~00
assessed value; and
WHEREAS, to remain consistent with the real estate tax collection policies and procedures of
Loudoun County, the Council desires to provide for the semi-annual collection of town real estate taxes.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
Minutes of June 25, 1991
SECTION I. Section 17-1 of the Town Code is amended to read as follows:
Section 17.1. Annual Levy and Rate of Taxes.
Taxes shall be levied and collected as provided by law on taxable real estate, tangible
personal property and bank capital in the town for each fiscal year beginning July I and ending June
30 for the suppm~c of the town government, payment of interest on town debt and for other town
· purposes. Every person assessed taxes by the town shall pay them as required by law.
(1) Taxes on all real estate and all tangible personal property, except the propm~cy of public
service corporations, shall be as follows:
Classification of Propet~y
Rate of Tax per $100 Assessed Value
(a) Real. estate $9.!75 0.19
(b) Vehicles used as mobile homes or offices
o.19
(c) Aircraft $0.001
(d) All other tangible personal property
$ 1.00
(2) Taxes on all real estate and all tangible personal propet"cy of public setMce corporations
shall be as follows:
Classification of Propet"~y
Rate of Tax per $100 Assessed Value
(a) Real estate $9.175 0.19
(b) Tangible personal propm"~y
$ 1.00
SECTION II. Section 17-2.1 is added to the Town Code as follows:
Section 17-2.1. Payment of Tax (Effective Janum3, 1, 1992)
(a) Real estate. Payment of taxes due and owing to the Town for real estate shall be paid by,
or on behalf of, persons owing such taxes on a semi-annual basis. One-half the amount due and owing
shall be paid by June 5 of the tax year and one-half the amount due and owing shall be paid by the
next following December 5.
(b) Personal prope~, and machinery and tools. Payment of taxes due and owing to the Town
for personal propet~'y and machinew and tools shall be paid by, or on behalf of, persons owing such
taxes by December 5 following the date on which there is to be filed by, or on behalf of, such person
a tax return indicating the amount of such taxes due and owing on any such properW.
SECTION III. Section 17-6 of the Town Code is amended to read as follows:
Section 17-6. Penalty and interest on delinquent tmxes.
Any person who shall fail to pay to the town treasurer on or bcfcrc Dcccmbc': 5th of each year,
+~..~ ......... ~.~.._~ proper%' ~..~ ~.~ ~+~*~ +~ +~.~.. ~"~ on the date the ~es are due and payable shall pay
a penalty of ten percent or $2.00, whichever is greater, prohded, however, that no pen~ shall exceed
the a mount of the m due. Interest at the rate of ten percent per annum sh~l be collected upon the
principal and penalties of all such ~xes and levies remaining unpaid from the.~' ~+ day ~. ~..~.~ ~ ......... ~ ~,.~
..... r~n~,.,~, +~ .......... * year first day of the ne~ month folloMng such payment date.
SECTION IV. All prior ordinances and resolutions in conflict herewith are repealed.
SECTION V. This ordinance shall be in effect upon its passage for tax year 1991 except for
Section 17-2.1 which shall be effective January 1, 1992.
VOTE
Aye: Bange, Clem, Forester, K/mball, Lovin, Mayor Sevila
Nay: Webb
11 (c)
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and unanimously
adopted by a roll call vote of 7-0.
DISCUSSION
Mr. Webb stated that he would support this ordinance because it is for the betterment of Leesburg.
Minutes of June 25, 1991
91-0-22 - ORDINANCE - AMENDING ARTICLE IV, CHAPTER 17, SECTION 17-96 OF THE TOWN
CODE, "MEALS TAX", BY INCREASING THE TAX RATE FROM TWO PERCENT TO
TWO AND ONE HALF PERCENT
WHEREAS, the Town of Leesburg imposes a 2% tax on the cost of prepared foods; and
WHEREAS, this Council deems the levy of such a tax on prepared food necessary to pay the debts,
defray the expenses, accomplish the purposes and perform the functions of the town; and
WHEREAS, during Council deliberation on the proposed budget for the fiscal year ending June 30,
1992, it was decided to increase the tax on prepared foods to the rate of two and one-half percent; and
WHEREAS, the one half of one percent increase in the meals tax will be used to offset the cost
of funding the Loudoun Convention and Visitors Bureau, Thomas Balch Library renovation, events that
attract visitors to Leesburg such as First Night Leesburg, Bluemont Conce~c Series, Leesbm'g
Renaissance and other costs related to special events.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Code is amended to read as follows:
Section 17-96. Levy of Tax.
In addition to all other taxes and fees of any kind now or hereafter imposed by law, a tax
is hereby imposed and levied on each and every purchaser of each and every meal, sold or delivered in
the town by a restaurant or caterer at the rate of two and one-half percent of the amount paid for the
meal. There shall be no tax if the total amount paid is fifty cents or less; on larger amounts a fractional
cent of tax due shall be rounded to the next higher cent.
SECTION II. The provisions of this a,iicle are hereby declared to be severable. If any clause,
sentence, section or pa,"~ of this ordinance shall for any reason be adjudged to be invalid, such invalidity
shall not affect the pa~ls which are not adjudged to be invalid.
SECTION III. All prior ordinances and resolutions in conflict herewith are repealed.
SECTION IV. This ordinance shall become effective July 1, 1991.
VOTE
Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
11. (d)
MOTION
On motion of Mr. Clem, seconded by Ms. Bange, the following ordinance was proposed and unanimously
adopted by a roll call vote of 7-0.
91-0-23 - ORDINANCE -AMENDING ARTICLE V, CHAPTER 17, SECTION 17-112 OF THE TOWN
CODE, "TRANSIENT OCCUPANCY TAX", BY INCREASING THE TAX RATE FROM
THREE PERCENT TO FIVE PERCENT
WHEREAS, the Town of Leesburg imposes a 3% tax on each transient obtaining lodging within
the town; and
WHEREAS, this Council deems the levy of such a tax on transient lodging necessary to pay the
debts, defray the expenses, accomplish the purposes and perform the functions of the town; and
WHEREAS, during Council deliberations on the proposed budget for the fiscal year ending June
30, 1992, it was decided to increase the tax on transient lodging to the rate of five percent.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Code is amended to read as follows:
Section 17-112. Tax Imposed; Amount.
There is hereby imposed and levied, in addition to all other taxes and fees of every kind
imposed by law, on each transient obtaining lodging or the use of space at any hotel, a tax at a rate of
~ five percent of the total amount paid for such lodging or the use of space by or for any such
transient to any hotel. Such tax shall be collected from such transient at the time and in the manner
provided by this a~icle.
SECTION II. All prior ordinances and resolutions in conflict herewith are repealed.
Minutes of June 25, 1991
SECTION III. This ordinance shall become effective July 1, 1991.
VOTE
Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
11. (e)
On motion of Mr. Clem, seconded by Mr. Webb, the following ordinance was proposed and unanimously
adopted.
91-0-24 - ORDINANCE - AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING REVISED
PAY AND CLASSIFICATION PLAN
WHEREAS, each year the manager's office reviews the town's pay and classification plan for
appropriate revisions; and
WHEREAS, the manager's recommendations have been discussed in detail at the Council's budget
workshops.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 12.1-10 of the Town Code, classification of town employees by occupational
group and pay grades, is amended to read as follows:
Sec. 12.1-10. Classification of town employees by occupational groups and pay grades.
Employees in the town se~ice are classified in the following occupational groups and pay grades:
Occupational
Groups Position Pay Grade
Executive-Managerial Dir. of Engineering 27
& Pubic Works
" Chief of Plan Review 24
" Director of Utilities 26
" Director of Finance 26
" Director of Planning, Zoning 26
and Development
" Assistant Town Manager 21
" Chief of Police 26
" Director of Parks and Recreation 24
Law Enforcement Parking Control Officer 1
" Police Officer 13
" Police Officer 1st Class 14
" Corporal 15
" Sergeant 17
" Lieutenant 20
" Captain 22
" Investigator 15
Administrative-Clerical Clerk Typist 4
"' Data Entry Clerk 3
" Secretary 5
" Accounting Clerk I 4
" Accounting Clerk II 5
" Administrative SecretaO, 7
" Zoning & Development Asst. 10
" Executive Secretary 10
" Clerk of Council 11
" Personnel ~ Officer 9
" Pubic Information Officer 8
" Desk Clerk 2
" Parking Attendant 2
Supe~wisory Supt. Equipment Maintenance 15
" Water Supply Superintendent 18
" Superintendent Bldgs. 17
" Grounds and Maintenance
Utility Lines Superintendent
" WPCF Superintendent 18
" ~ Parks & Marketing Coordinator
" Recreation Supc:~.~.szr I! Coordinator 15
" Recreation Supmwisor 12
" Aquatics Supervisor 12
" Center Supe~wisor 12
Technical Asst. Utility Plant Mechanic 5
15
Minutes of June 25, 1991
Maintenance
Professional
Construction/Maintenance
Heavy Equip. Operator 7
Utility Billing Technician 8
Asst. Streets, Bldg. & Grounds 13
Asst. Superintendent Eq. Maint. 13
Senior Operator 12
Operator I 11
Operator II 10
Operator III 7
Operator IV 4
Asst. Ut. Lines Superintendent 13
Asst. Ut. L~-ncs Supcr'~ntcnficnt
!&! Technician 7
Senior Inspector 14
Senior Utility Plant Mechanic 11
Asst. Water Supply Supt. 13
Capital Projects Representative 19
Capital Projects Coordinator 14
Asst. WPCF Superintendent 13
Facility Inspector 13
Asst. Zoning Administrator 14
Systems Technician 8
Meter Technician 5
Chief of Operations & 18
Inspections
Engineer II 18
Traffic Engineer 18
Engineer I 15
Chief of Current Planning 21
Planner I 15
Planner II 17
Principal Planner 18
Asst. Director of Finance 15
Zoning Administrator 19
Laborer 1
Maintenance Worker II 7
Maintenance Worker I 5
Mechanic I 5
SECTION II. Section 12.1-15 of the Town Code, being the pay grades for compensation of
employees in the town se~wice, is amended to read as follows:
Grade FY 1992 Pay Range
I 14,232-21,362
2 14,944-22,431
3 15,691-23,552
4 16,475-24,730
5 17,299-25,966
6 18,164-27,264
7 19,073-28,627
8 20,025-30,060
9 21,027-31,5,61
10 22,079-33,141
11 23,183-34,797
12 24,342-36,537
13 25,559-38,363
14 26,837-40,281
15 28,178-42,296
16 29,588-44,411
17 31,067-46,631
18 32,620-48,963
19 34,251-51,411
20 35,964-53,982
21 37,762-56,681
22 39,650-59,515
23 41,632-62,490
24 43,714-65,615
25 45,900-68,896
26 48,195-72,340
27 50,605-75,958
SECTION III. All prior ordinances in conflict herewith are repealed.
Minutes of June 25, 1991
SECTION IV. This ordinance shall be effective for payrolls in the fiscal year beginning July 1,
1991.
DISCUSSION
Mr. Clem asked that staff look into the fact that the town has a Parking Control Office at a grade I and
the town proposes to hire individuals to man the parking garage booths at a grade level 2. Mr. Brown
stated that the reason for this is that there will be some cash control requirements of the parking
attendant positions. Staff will examine the other position at a future committee meeting.
Mayor Sevila stated that he thought that the Council was going to re-examine the need for an assistant
town manager all together given these different economic times that we are experiencing. This is a
matter in which the manager and Council should have further discussions at a future committee meeting.
Mr. Kimball stated that during the budget deliberations he recalled that Mr. Brown consistently held that
he was going to be filling the assistant's position. He agreed that it is worthy of future discussion.
VOTE
Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
11. (f), (h), (i), (k), (1), (m), (n), (u), (r), (s), (t)
MOTION
On motion of Mr. Clem, seconded by Mr. Webb, the following ordinances and resolutions were proposed
and unanimously adopted.
91-0-25 - ORDINANCE - AMENDING SECTION 10-171 OF THE TOWN CODE TO PROVIDE FOR
INSTALLATION OF METERS AND BUS STOP PARKING ON WIRT STREET
WHEREAS, the new parking facility opened on June 22, 1991; and
WHEREAS, staff recommends that the temporary police parking on Wirt Street be moved to the
new parking facility; and
WHEREAS, staff recommends that five one hour metered parking spaces and a 30 minute town
business parking space be installed on Wirt Street after the removal of police parking; and
WHEREAS, staff also recommends that the four metered parking spaces on Wirt Street between
Royal and Loudoun Streets be removed and the bust stop be reinstalled:
THEREFORE ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
Sec. 10-171. Establishment of meter zones and parking time limits therein.
Parking meter zones with the following time limits for lawful parking are established as follows:
(1)West side of King Street, between Loudoun Street and North Street, for two-hour pat'king at
any one time except for that area designated at the nm~thwest corner of King Street and Mat'ket Street
as a no parking here to corner zone.
(2)East side of King Street, between Virginia Power right-of-way and 180 feet south of Royal
Street, for two-hour parking at any one time.
(3)South side of Market Street, and 120 feet west of Liberty Street for two-hour parking at any
one time, with the following exceptions: the time limit for lawful parking shall be 15 minutes at any
one time in front of the post office on Market Street and the time limit for lawful parking shall be
three hours at any one time at three five spaces immediately west of Wirt Street, five spaces between
Liberty Street and the entrance of the Presbyterian Church parking lot and two spaces in front of the
theatre.
(4)East side of Church Street, between Edwards Ferry Road and Cornwall Street, fro' t~vo-hom'
parking at any one time, except spaces resin"ced for official cars of the state and town police and the
county sheriffs department.
(5)North side of Loudoun Street, between Wirt Street and Church Street, for two hour parking
at any one time.
(6)Municipal parking area known as Vinegar Hill parking lot between Loudoun Street and S~h
Harrison Street, for four-hour parking at any one time.
(7)Municipal parking area known as South Harrison Street, parking lot between South Street and
South Harrison Street for four-hour parking at any one time.
Minutes of June 25, 1991
(8)East and west side of South Harrison Street, between Loudoun Street and 160 feet nm~h of
Depot Court, for two-hour parking at any one time except as hereafter provide&
(9)East and west side of South Harrison Street at southern most point of parking bay in front of
202 Harrison Street, S.E. for up to ten-hour paid parking.
(10)South side of Loudoun Street, between East Market Street and 160 feet east of South
Harrison Street, for three-hour parking at any one time.
(Il)Municipal parking area on the south end of Liberty Street, with the exception of the southern-
most ~ 126 spaces which will be offered ~^~ +~ ~ ....... ~ ~ ...... v; .... ~ ...... ~;~*~ for
permit-only parking.
t~.mc. East side of Wirt Street between Loudoun Street and Market Street plus two meters immediately
nm~h of Market Street for one-hour parking at any one time.
91-0-26 - ORDINANCE - READOPTING SECTION 10-2 OF THE TOWN CODE TO COMPLY WITH
TITLE 46.2 OF THE CODE OF VIRGINIA, AS AMENDED
WHEREAS, Title 46.2 of the Code of Virginia, as amended, is referenced in the Town Code by
Section 10.2 Adoption of state law; and
WHEREAS, the town is required to annually update its local ordinance to comply with state code.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 10-2 of the Town Code is hereby readopted as follows:
Sec. 10-2. Adoption of state law.
All of the provision and requirements in chapters, 1, 2, 3, 6, 8, 10, 12, 13, 14, 15 and 16 of Title
46.2 of the Code of Virginia, as amended, presently in effect, to the extent that such provisions are not
included in this code, except those which by their very nature can have no application within the
municipality, or which the violation thereof constitutes a felony, are hereby adopted and made a pa~"c of
this chapter as fully as though set out herein, and are hereby made applicable within the municipality.
It shall be unlawful for any person, within the municipality or its jurisdiction to violate or fail, neglect
or refuse to comply with any section of the Code of Virginia which is adopted by this section.
SECTION II. The penalties applicable to said violations are hereby incorporated.
SECTION III. All prior ordinances and resolutions in conflict herewith are repealed.
91-0-27 - ORDINANCE - READOPTING SECTION 10-97 OF THE TOWN CODE TO COMPLY WITH
SECTION 18.2-266 et. Seq. OF THE CODE OF VIRGINIA, AS AMENDED
WHEREAS, .the Virginia Supreme Court requires the town to annually update its local ordinance
on driving under the influence of alcohol or drugs; and
WHEREAS, to ensure that the town continues to collect revenue from the fines issued under this
ordinance, Section 10-97 of the Town Code must be readopted.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
Sec. 10-97. Driving while under the influence of alcohol or drugs; adoption of current state
law.
Article 2, Chapter 7, of Title 18.2, Sections 18.2-266 et seq., of the 1950 Code of Virginia, as
amended, is hereby adopted and made a part of this chapter as fully as thought set out herein, and
specifically, but not exclusively, Sections 18.2-266; 18.2-267; 18.2-268; 18.2-269 and 18.2-271.1 of the said
Code of Virginia.
91-135 - RESOLUTION - AUTHORIZING A REAPPROPRIATION OF FUNDS FROM THE GENERAL
FUND RESERVED FUND BALANCE
WHEREAS, the general fund balance for the period ending June 30, 1990, was reserved for $83,772
in encumbrances outstanding on that date; and
WHEREAS, during the fiscal year ending June 30, 1991, $83,445 in prior year encumbrances have
been expended:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A reappropriation of funds is authorized from the general fund resmwed fund balance to the
following departmental budget accounts for prior year expenditures:
Minutes of June 25, 1991
Account Description Amount
200-1101.540.010 Materials and Supplies $ 165.00
200.1102.300.010 Contractual Se,wices 800.00
200.1214.800.070 Computer Equipment 6,400.00
200.3101.540.010 Material and Supplies 9,369.00
200.4102.540.010 Material and Supplies 665.00
200.4102.700.060 Street Department Equipment 18,730.00
200.4104.700.090 Street Light Installation 35,033.00
200.4400.300.010 Contractual Se~wices 1,203.00
200.8101.300.010 Contractual Se~ices 10,800.00
200.8105.300.010 Contractual Se~wices 280.00
Total $83,445.00
91-136 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE
TOWN'S SERVICE
WHEREAS, the FY 1992 town budget adds two and one half new positions and deletes five and
three qua~"cer previously authorized positions; and
WHEREAS, additional and deleted positions must be reflected in the town's staffing plan; and
WHEREAS, the manager's recommendations have been discussed in detail at the Council's budget
workshops.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The positions and number of employees in the town' se~ice established for the
fiscal year beginning July 1, 1991 are amended as follows:
Number of Full-Time Equivalent
Positions Available
LEGISLATIVE DEPARTMENT
Clerk of Council
Depu~' Clerk
EXECUTIVE DEPARTMENT
Manager
Assistant Town Manager
Executive Secretm3~
Personnel ~ Officer
Public Information Officer
Clerk Typist
FINANCE DEPARTMENT
Director of Finance
Assistant Director of Finance
Accounting Clerk II
Accounting Clerk I
Systems Technician
Utility Billing Technician
POLICE DEPARTMENT
Chief of Police
Captain
Lieutenant
Sergeant
Corporal
Police Officer
Police Office 1st Class
Administrative Secreta~3r
Secretary
Parking Control Officer
Data Entry Clerk
1
2
1
10
3
11
5
1
1
1
1
ENGINEERING AND PUBLIC WORKS
ADMINISTRATION
Director of Engineering and Public Works
Traffic Engineer
Minutes of June 25, 1991
Administrative SecretaW
ENGINEERING AND INSPECTIONS
Chief of Plan Review
Chief of Operations/Inspections
Engineer II
Engineer I
Capital Projects Coordinator
Capital Projects Representative
Senior Inspector
Facility Inspector
STREET MAINTENANCE
Superintendent
Asst. Superintendent
Maintenance Worker II
Maintenance Worker I
Laborer
EQUIPMENT MAINTENANCE
Superintendent
Asst. Superintendent
Heavy Equipment Operator
Mechanic I
Laborer
PARKING METERS AND LOTS
Parking Attendant (pa,~-time)
PLANNING, zONING AND DEVELOPMENT
1.5
Dir. Planning, Zoning & Development
Chief of Current Planning
Zoning Administrator
Principal Planner
Planner II
Planner I
Planning Technician
Assistant Zoning Administrator
Zoning and Development Assistant
Administrative Secretary
Secretary
Summcr !ntcrn
1
1
1
2
3
1
1
1
2
1
.--25
PARKS AND RECREATION
Director of Parks and Recreation
Administrative Secretary
Recreation Supc:".5=cr I! Coordinator
Recreation Supetwisor
~ Parks & Marketing Coordinator
Center Supervisor
Aquatics Supervisor
Desk Clerk
Recreation Attendant (part-time)
Lifeguard (part-time)
2
3
3.4
9
1
UTILITIES
ADMINISTRATION
Director of Utilities
Engineer II
Senior Utility Plant Mechanic
Administrative Secretary
Asst. Utility Plant Mechanic
WATER POLLUTION CONTROL
Superintendent
Asst. Superintendent
Senior Operator
Minutes of June 25, 1991
Operator I
Operator III
Equipment Operator
Laborer
UTILITY LINES
Superintendent
Asst. Superintendent Maintenance
Maintenance Worker II
Maintenance Worker I
I&! Technician
Meter Technician
Laborer
1
1
3
1
1
2
.-28
WATER SUPPLY
Superintendent 1
Asst. Superintendent ~
Operator I 2
Operator II 3
Operator III 1
Operator IV 1
T ~l~^,.~ /+^~,,~,~ ~
TOTAL PERSONNEL AUTHORIZED
Full-time Equivalent
162.9
Part-time 13.9
91-137 - RESOLUTION - AUTHORIZING THE THREE-MONTH EXTENSION OF A LEASE AT THE
LEESBURG MUNICIPAL AIRPORT BETWEEN PROFESSIONAL PILOTS SERVICES AND THE
TOWN OF LEESBURG
WHEREAS, the lease between Professional Pilots Smwices and the Town of Leesburg expired on
June 22, 1991; and
WHEREAS, the Leesburg Airport Commission has been considering a proposal from Professional
Pilots Smwices to extend its lease at the Leesburg Municipal Airport; and
WHEREAS, after significant discussion and negotiations, the Airport Commission unanimously
recommended that the Town Council authorize a three-month lease extension to respond to the request
of Professional Pilots Smwices; and
WHEREAS, the extension of the lease is in the best interests of the airpm"c:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Mayor of the Town of Leesburg is hereby authorized to execute a three-month extension of
the lease between Professional Pilots Smwices and the Town of Leesburg.
91-138 - RESOLUTION - RELINQUISHING THE USE OF "LONG LANE" AS A STREET NAME IN
THE TOWN OF LEESBURG
WHEREAS, the residents of "Long Lane/Egg Path" in Lovettsville petitioned the Loudoun County
Board of Supmwisors to rename their street to Long Lane; and
WHEREAS, their request was denied because Route 654 in Leesburg is named Long Lane; and
WHEREAS, on June 18, 1991, a representative of the residents on "Long Lane/Egg Path" in
Lovettsville, petitioned the Leesburg Town Council at an Administration and Public Works Committee
meeting to relinquish the use of "Long Lane" as a street name in Leesburg; and
WHEREAS, no citizens currently reside on the Leesburg Long Lane and twenty families reside on
Lovettsville's "Long Lane/Egg Path"; and
WHEREAS, the Lovettsville residents have offered to pay the costs of renaming the Leesburg Long
Lane up to $5,000; and
WHEREAS, both streets cannot be named Long Lane because duplication of street names are
limited by the policies of county emergency smwices; and
Minutes of June 25, 1991
WHEREAS, Loudoun County has agreed to rename Egg Path in Lovettsville to Long Lane if
Leesburg relinquishes the name Long Lane; and
WHEREAS, an alternate name has not been selected but is scheduled for the next Council
Administration and Public Works Committee meeting:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Town Council agrees to relinquish the name Long Lane so that Loudoun County may allocate the
name to Lovettsville once a suitable name for Leesburg's Long Lane is selected.
91-139 - RESOLUTION - REAPPOINTING CABLE COMMISSION MEMBERS
WHEREAS, the terms of office of Richard Herndon, Terry Jones, Paul E. Smith, Clifton Vaughan
and Karen Jones as members of the Leesburg Cable Commission expire on June 30, 1991; and
WHEREAS, each member was contacted and expressed a desire to be reappointed.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Richard Herndon, Terw Jones, Paul E. Smith, Clifton Vaughan and Karen Jones are reappointed
to the Leesburg Cable Commission for terms of four years, the terms of office to expire on June 30,
1995.
91-140 - RESOLUTION - REAPPOINTING PARKS AND RECREATION ADVISORY COMMISSION
MEMBERS
WHEREAS, the terms of office of Terrance Young and Jane Fellows as members of the Leesburg
Parks and Recreation Advisory Commission expire on June 30, 1991; and
WHEREAS, each member was contacted and expressed a desire to be reappointed.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Terrance Young and Jane Fellows are reappointed to the Parks and Recreation Advisow
Commission for terms of two years, the terms of office to expire on June 30, 1993.
91-141 - RESOLUTION - AWARDING CONTRACTS FOR CHEMICAL SUPPLIES FOR FY 92
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager shall enter into contracts for the purchase of chemical supplies with the
suppliers and at the prices shown below:
Chemical
Chlorine
Sodium Hypochlorite
Calcium Hypochlorite
Hydrofluosilicic Acid
Hydrated Lime
Potassium Permanganate
Ferric Chloride
Carbon
Sulfur Dioxide
Vendor
Delta Chemical Co.
Nm"th Industrial
Prillaman Chem. Co.
Prillaman Chem. Co.
Prillaman Chem. Co.
Prillaman Chem. Co.
K.A. Steel Co.
Prillaman Chem. Co.
Jones Chem. Co.
Price
$172.64/ton
$ 0.68 gal.
$ 83.00 cwt.
$ 8.98 cwt.
$ 90.00 ton
$130.50 cwt.
$152.40 ton
$ 37.38 cwt
$ 36.67 cwt
91-142 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE
GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC
IMPROVEMENTS AT POTOMAC CROSSING SECTION 1B2
WHEREAS, Richmond American, the developer of Potomac Crossing Section lB2, has completed
the public improvements in accordance with approved plans and town standards, and these have been
inspected and approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I.The corporate surety bond from Reliance Insurance Company in the amount of
$79,000.00 is released, and a new surety in a form approved by the town attorney for a maintenance
guarantee in the amount of $19,750.00 is approved, and shall be in effect for a period of one year from
this date.
SECTION II. This release is contingent upon delivery of a properly executed instrument conveying
unto the town all such improvements and easements flee of any liens or charges.
VOTE
Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
Minutes of June 25, 1991
11. (g)
On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and unanimously
adopted.
91-0-28 - ORDINANCE - AMENDING SECTION 10-50 OF THE TOWN CODE TO WAIVE THE TOWN
LICENSE FEE FOR VEHICLES OWNED BY THE VOLUNTEER FIRE COMPANY AND RESCUE
SQUAD AND THEIR ACTIVE MEMBERS
WHEREAS, Section 46.2-752 of the 1950 Code of Virginia, as amended, was enacted on March 22,
1990, to allow Virginia localities to issue flee town tags for volunteer fire and rescue squad vehicles and
to active members of volunteer fire and rescue squads; and
WHEREAS, the statute limits flee tags to one vehicle per member; and
WHEREAS, Loudoun County has adopted legislation to offer free county tags to fire and rescue
volunteers; and
WHEREAS, the Loudoun County Depat'tment of Fire and Rescue Set-vices maintains a list of
members who are active in the volunteer fire and rescue squads in Leesburg and Loudoun County:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 10-50 of the Town Code is hereby amended to read as follows:
Section 10-50. Exemptions.
(a)There shall be exempt from the operation and requirements of this At'ticle all vehicles exempted
from the imposition of state, county, city and town license as registration fees under the provisions of
A~licle 1, Chapter 3, Title 46.1, Code of Virginia.
(b)The provisions of this Article shall not apply to a motor vehicle owned and used personally by
a disabled veteran and upon which is displayed a special permanent plate in accord with the provisions
of Section 46.1-149.1, Code of Virginia.
(c)The fee for the motor vehicle license decal is waived for vehicles owned by the volunteer fire
company and rescue squad and for vehicles owned by members of the Leesburg Volunteer Fire Company,
Inc., and Loudoun County Volunteer Rescue Squad who are listed by the Loudoun County Depatiment
of Fire and Rescue Setwices as active members. The exemption shall be limited to one vehicle per
member.
SECTION II. All prior ordinances in conflict herewith are repealed.
VOTE
Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
11. (i)
MOTION
On motion of Mr. Clem, seconded by Mr. Kimball, the following resolution was proposed and adopted
by a roll call vote of 6-1.
91-143 - RESOLUTION - APPROVING THE BUDGET AND MAKING APPROPRIATIONS FOR THE
FISCAL YEAR ENDING JUNE 30, 1992.
WHEREAS, the budget and tax rates for the fiscal year ending June 30, 1992, have been presented
and reviewed by this Council; and
WHEREAS, a public hearing on the proposed budget and tax rates was held on May 14, 1991; and
WHEREAS, the manager prepared and submitted by memorandum dated May 31, 1991 a potential
list of adjustments to the proposed budgets for the General Fund and Utility Fund for the fiscal year
ending June 30, 1992; and
WHEREAS, this Council has directed the town manager to adjust the proposed budgets in
accordance with the budget adjustments proposed as well as the addition of funding for the Loudoun
Convention and Visitors Bureau and the Thomas Balch Libraw; and
WHEREAS, the tax rates for 1991 real estate and personal propet~ty taxes will be $0.19 and $1.00
respectively, per $100 of assessed valuation; and
WHEREAS, a one-half of one percent increase in the meals tax will be used to offset the cost of
funding the CAVB, librat-y renovation and events that attract visitors to Leesburg such as First Night
Leesburg, Bluemont Conceal Series, Leesburg Renaissance and other costs related to special events; and
WHEREAS, the funding level assigned to the CAVB will be based on the level of funds collected
from the half of one percent revenue in meals tax.
Minutes of June 25, 1991
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager's proposed budget as amended to include the adjustments proposed in
the General and Utility Funds is adopted and appropriations are made for the fiscal year ending June
30, 1992, in the amounts shown to the categories and accounts for the general, utility, airport and capital
projects funds, provided that capital project funds appropriations remain in effect until the projects are
completed.
SECTION II. The manager is authorized to transfer appropriations made herein to accounts within
the same departmental budget as long as the total appropriation for the departments is not adjusted.
DISCUSSION
Mr. Kimball stated that this was his third budget process and that he is more satisfied with the outcome
then the previous two budgets. This is testimony to all of the citizen input as well as the
councilmember's themselves.
Mr. Webb stated that he could not support the increase in the real estate tax rate but that he would
suppo~"c the council's decision.
Mayor Sevila stated that this budget represents hard work by everyone and the willingness to
compromise and sacrifice for the betterment of the community. The tax rate is as low as it could
possibly be without eliminating positions or eliminating services. Services will continue at their same
excellent level through the coming fiscal year.
Mr. Lovin stated that Leesburg, for the town its size, has the lowest tax rate.
VOTE
Aye: Bange, Clem, Forester, Kimball, Lovin, Mayor Sevila
Nay: Webb
11. (o)
MOTION
On motion of Mr. Kimball, seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
91-144 - RESOLUTION MAKING AN APPOINTMENT TO THE LEESBURG PLANNING
COMMISSION
WHEREAS, a vacancy was created on the Leesburg Planning Commission with the resignation
of Carl Johnson; and
WHEREAS, an adve~"dsement was published and interviews conducted by the Council.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
William W. Wolf is appointed to the Leesburg Planning Commission to fill the unexpired term of
Carl Johnson.
VOTE
Aye: Bange, Clem, Forester, Kimball, Lovin, Webb, Mayor Sevila
Nay: None
11. (q) This item was referred to the July 2, 1991 Administration and Public Works Committee meeting
for further consideration and discussion.
11. (u)
MOTION
On motion of Mr. Webb, seconded by Mr. Lovin, the following resolution was proposed and unanimously
adopted.
91-145 - RESOLUTION - DECLARING THE DEVELOPER OF PAXTON SECTION I IN DEFAULT
OF ITS CONTRACT FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND AUTHORIZING
THE TOWN MANAGER TO PREPARE AND SIGN THE DOCUMENTS NECESSARY TO
REQUEST PAYMENT OF THE PERFORMANCE GUARANTEE FUNDS AND ENFORCE THE
CONTRACT, ACCEPTING PUBLIC IMPROVEMENTS AND AUTHORIZING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS AT PAXTON SECTION 1 SUBDIVISION
WHEREAS, Resolution No. 91-118 authorized the town manager to declare the developer of Paxton
Section I in default of its contract for installation of public improvements and make a claim in the
amount of $9,918.00 plus interest against the performance guarantee for Paxton Section 1; and
WHEREAS, the developer of Paxton Section 1 has completed the public improvements in
accordance with approved plans and town standards except for payment to the town of the cost for
installation of street lights; and
Minutes of June 25, 1991
WHEREAS, the public improvements installed in Paxton Section 1 have been inspected and
approved; and
WHEREAS, the terms of the letter of credit from Equitable Federal Savings Bank in the amount
of $52,000.00 contain no provision for payments less than the full amount; and
WHEREAS, installation of street lights is a public improvement required in subdivisions by the
Leesburg Subdivision and Land Development Regulations; and
WHEREAS, the town coordinates the design and installation of street lights along public roads in
subdivisions with Virginia Power and is reimbursed by the developer for the cost of the street lights; and
WHEREAS, the contract for installation of public improvements between the Town of Leesburg and
Brownell, Inc. states that the Brownell, Inc. is responsible for all public improvements shown on the
approved construction plans which include street lights; and
WHEREAS, the town sent an invoice in the amount of $9,918.00 to Brownell, Inc. in July 1990
to reimburse the town for the cost of street light installation in Paxton Section 1; and
WHEREAS, additional notices have been sent to Brownell, Inc. requesting payment and as of May
15, 1991 the town has received no payments towards the $9,918.00 invoice for street lights; and
WHEREAS, Brownell, Inc. has not complied with the provisions of the contract for Installation of
Public Improvements since the invoice for $9,918.00 for street lights in Paxton Section 1 has not been
paid.
THEREFORE RESOLVED, by the Council of the Town of Leesburg in Virginia as follows:
SECTION I.The Town Manager is hereby authorized to declare Brownell, Inc. in default of its
contract for public improvements for Paxton Section I and to request payment pursuant to the letter
of credit from Equitable Federal Savings Bank in the amount of $52,000.00.
SECTION II.The public improvements in Paxton Section I are hereby accepted and a new surety
in a form approved by the Town Attorney for a maintenance guarantee in the amount of $13,000.00 is
approved and shall be in effect for a period of one year from this date.
SECTION III.The Town Manager shall hold $13,000.00 of the proceeds of the letter of credit as a
maintenance guarantee until a bond or letter of credit is provided by the developer.
SECTION IV.The Town Manager and Town Attorney are also authorized to prepare and execute
all required documents and undertake all necessary actions to enforce all terms of the contract for public
improvements for Paxton Section.
SECTION V.Resolution No. 91-118 is hereby rescinded.
VOTE
Aye: Bange, Clem, Forester, Kimball, Lovin, Webb, Mayor Sevila
Nay: None
NEW BUSINESS
12.(a)
MOTION
Mr. Stephenson addressed the Council briefly presenting a staff report. He stated that this is a proposal,
in response to the town's request for immediate dedication of the Toll Road extension right-of-way
through the Stratford prope~-ty, per Rezoning Proffer number 14, ZM-116. He stated that in order for
the town to get prompt pm~ormance of that, it is requested that proffer number 13, regarding the
Orchard tract/high school site, be amended. The proposal will allow a non-refundable residential prorata
cash contribution into a school site acquisition fund in lieu of the actual dedication of the 62 acres. Staff
recommends initiation of this request and setting a joint public heating for July 23, 1991. Staff has not
had time to do a full analysis or a recommendation.
Mr. Ed Finnegan, representing the Stowers family, addressed the Council. He stated that the prope~-ty
was sold to Evergreen Mills Investments in 1986. Evergreen has sought and successfully obtained a
rezoning for this propert~y which contains numerous commitments. The Stowers family and Sovran
Bank both hold deeds of trust on the property. In the event that it is not possible for the new owners
to make good on the Orchard tract then the Stowers family will put money aside towards a public
school site acquisition. If the Council considers this favorably there would be a deed in lieu of foreclosure
from the current owner's Evergreen Mills back to the Stowers family.
Mr. Tom Nails, representing Sovran Bank, addressed the Council. He stated that it is likely that we
will be back to the Council on several other occasions as relates to this project as we work our way
through some sort of negotiated solution.
MOTION
On motion of Mrs. Forester, seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
91-146 - RESOLUTION - INITIATING AND REFERRING AN AMENDMENT TO APPROVED
REZONING APPLICATION #ZM-116 STRATFORD IN LEESBURG TO THE PLANNING
COMMISSION FOR JOINT PUBLIC HEARING WITH TOWN COUNCIL UNDER CHAPTER 11,
TITLE 15.1-431 OF THE 1950 CODE OF VIRGINIA, AS AMENDED
WHEREAS, rezoning application #ZM-116 Stratford in Leesburg was approved by Town of
Leesburg Ordinance No. 90-0-26 on September 26, 1990; and
WHEREAS, included in the voluntary conditions proffered in writing by the property owner,
Evergreen Mills investments, is the dedication of land on-site for the Dulles Toll Road Extension as well
as the dedication of land off-site, known as the Orchard Tract, for a public high school site; and
WHEREAS, on June 12, 1991 the Leesburg Zoning Administrator requested that the property
owner immediately dedicate, fee simple, free and clear of all liens, to the Toll Road Corporation of
Virginia, or its successors-in-interest, the land area designated on approved Rezoning Plan A for the
extension of the Dulles Toll Road (Route 267) in accordance with proffer #14; and
WHEREAS, Evergreen Mills Investments has defaulted on the various Deeds of Trust encumbering
the Stratford prope~"cy securing funds loaned by the Stowers family and Sovran Bank; and
WHEREAS, on June 21, 1991 the town received a written request on behalf of the pa,"des
possessing ownership interest in the Stratford property, identified as Loudoun County Teux Map 48,
Parcels 66, 66A and 73, requesting that proffer #13 regarding the dedication of the Orchard Tract high
school be amended prior to the Dulles Toll Road Extension right-of-way dedication taking place; and
WHEREAS, the Town of Leesburg desires to consider this proposal in effort to facilitate the Dulles
Toll Road Extension dedication and construction:
THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I.The Town of Leesburg hereby initiates consideration of an amendment to approved
rezoning application #ZM-116 Stratford in Leesburg, proffer #13, as requested, to allow non-refundable
residential pro-rata cash contributions into a "School Site Acquisition Fund" in lieu of the 62 acre
Orchard Tract dedication.
SECTION II.A joint public heating with the Planning Commission and the Town Council shall be
held on July 23, 1991 regarding the proposed proffer amendment pursuant to Section 15.1-431 of the
1950 Code of Virginia, as amended. A Notice of Public Hearing to consider the proposed proffer
amendment to #ZM-116 Stratford in Leesburg shall be published in the Loudoun Times-Mirror on July
3, 1991 and July 10, 1991 for public hearing on Tuesday, July 23, 1991 at 7:30 p.m. in the Town Council
Chambers, 25 West Market Street, Leesburg, Virginia.
SECTION III.The Manager is directed to notify the Loudoun County School Board of the proposed
proffer amendment and of the joint public hearing date.
VOTE
Aye: Bange, Clem, Forester, Kimball, Lovin, Webb, Mayor Sevila
Nay: None
MOTION
On motion of Mr. Webb, seconded by Mr. Clem, the meeting was adjourned at 10:15 p.m.
VOTE
Aye: Bange, Clem, Forester, Kimball, Lovin, Webb, Mayor Sevila
Nay: None
Clerk of Council
Robert E. Sevila, Mayor
Town of Leesburg