HomeMy Public PortalAbout1991_08_13MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL
AUGUST 13, 1991
A regular meeting of the Leesburg Town Council was held in the Council Chambers, 25 West
Market Street, Leesburg, Virginia on August 13, 1991 at 7:30 p.m. The meeting was called to order
by the Vice-Mayor, with the invocation given by Councilmember Kimball and the Salute to the Flag
led by Councilmember Forester. Present were: Vice-Mayor James E. Clem, Councilmembers Georgia
W. Bange, Christine M. Forester, Donald A. Kimball, Claxton E. Lovin and William F. Webb. Mayor
Sevila was absent. Also present were: Town Manager Steven C. Brown, Director of Finance Paul E.
York, Director of Planning, Zoning and Development Michael Tompkins, Director of Utilities Randolph
W. Shoemaker, Director of Engineering and Public Works Thomas A. Mason, Zoning Administrator
Scott Johnson, Public Information Officer Susan Farmer, Deputy Town Attorney Deborah Welsh and
Clerk of Council Barbara Markland.
On Motion of Mr. Webb, seconded by Ms. Bange, the special meeting minutes of June 11, 1991
and July 9, 1991 were unanimously approved.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Webb
Nay: None
Absent: Mayor Sevila
PETITIONERS
Mr. Michael Tringale, Executive Director of Leesburg Renaissance, addressed the Council with
regard to the town's investment in Leesburg Renaissance and what it has accomplished. He reviewed
the Planning for Progress 1990 and Beyond master plan.
The Board is very thankful for the Council's support and commitment over the past ten months.
The new budget does account for an increase in funding through special events. We do not
anticipate coming to the Town Council for a tremendous increase.
Mr. Kimball thanked Mr. Tringale for the great job he is doing.
Mr. Brian Balthrop, Chairman of the Ad hoc Fire Station Committee, addressed the Council
introducing the members of the committee.
The committee was established to investigate alternate sites for the fire station in the northeast
quadrant of Leesburg. The committee established a set of criteria to use in looking at these different
sites. SeveroJ sites were reviewed. The committee came to a unanimous agreement on the Honican
site. We have also recommended some creative financing options.
Mrs. Vicki Smith, a resident of 101 Birch Street, N.E., and a member of the ad hoc committee,
addressed the Council. She stated that the Honican site has a price tag of $229,500. A lot of thought
was given to how the town could purchase the property. The unfortunate return of the Dodona Manor
funds seemed like a God sent to this committee and a way to make the Council's difficult decision much
easier. It is important for the Council to allocate these funds to purchase this site.
Mr. Joe Sullivan, a resident of Morven Park Road and Vice-Chairman of the ad hoc committee,
addressed the Council. He wished to thank the fire company, the citizens, Mr. Brown, Sally Vecchio
and Paul Gauthier.
Mr. Dave Culbert, a resident of 808 Halyard Cour~ S.E., addressed the Council with regard to
TEC easements. He stated that the aspect of the town's ordinance that addresses telephone, electric
and cable easements does not work at this present time. The town has had repeated requests by the
utility companies to alter these easements. Within the past year there has been some legislation
introduced and past in Richmond that would allow the town to replace these easements with common
and shared easements that would be in a location appropriately determined by the various utility
companies.
He requested that Council initiate action to adopt an ordinance, to authorize the utilization of
CSE easements and to also simultaneously eliminate the requirements of the TEC easements
particularly the requirement that they must be located in the rear yards.
Mrs. Forester asked that this item be placed on the September 3, 1991 Planning and Zoning
Committee agenda. The Planning Commission is trying to initiate legislation to the Council.
Mr. Pat Moynahan, representing the Loudoun Foundation for Adequate Housing, addressed the
Council with regard to proposed legislation 10. (n). He stated that the foundation is presently working
with the landowners of this property in a devglopment proposal.
PUBLIC HEARING
a_. To consider alternative personal property, tax rates for the elderly and handicapped.
Mr. York addressed the Council giving a brief staff report. He stated that the proposed
ordinance will exempt up to one vehicle for those individuals who meet the qualifications for tax relief
through income net worth and whether they have a physical disability that meets the definition. They
can earn up to $40,000 and have a net worth of up to $150,000 which excludes the value of their home
and up to one acre of land.
In order to extend this tax relief the town is required to pass a special tax rate. It is suggested
that I cent per thousand be used.
Mr. Webb asked how many individuals this ordinance would affect. Mr. York stated
approximately 80 individuals. An estimated personal property tax of $1,800.00. The financial impact
to the town is very insignificant.
The public hearing was closed.
b_:. regarding bond financing
Mr. York addressed the Council giving a brief staff report. He stated that in last year's budget
$1 million was earmarked by the town for the purchase of Dodona Manor. During the course of the
year a portion of that money was transferred to the town's general fund to assist with some budget
problems, since the Marshall fund indicated they did not need the entire $1 million. Staff presented
to the Council several capital projects that were previously deferred due to lack of funding that would
now qualify for use of the remaining bond funds. Before the Council can authorize funding of the
remaining bond funds for these projects it is necessary to conduct this public hearing to amend the
ordinance.
Mr. Ken Robinson, a resident of 1103 Nickels Place, S.W., and Chairman of Leesburg's Parks
and Recreation Commission, addressed the Council. He asked that Council give consideration to using
the funds for the Phase II development of Ida Lee Park. He requested that the Council consider
matching the $50,000 donation from Mr. Rust.
Mr. Kimball asked what Phase II entailed. Mr. Robinson stated primarily development of the
ball fields, roadways, pathways, etc.
The public hearing was closed.
Mrs. Forester asked Mr. York what time limit the Council had before a decision had to be made
on the reallocation of these funds. Mr. York stated that a decision should be made as soon as possible
to meet the requirements of the Bond Ordinance. We are within the legalities but should decide soon.
Mrs. Forester asked that Mr. York find out if the Ordinance could be made more general to allow the
Council to use the funds for other capital improvements.
This item was referred to the September 3, 1991, Administration and Public Works Committee
agenda for further consideration.
COUNCILMEMBER COMMENTS
Mr. Webb had no comment.
Mr. Lovin expressed his sympathy to Judy and Bob Swezey at the loss of their daughter Susan.
Susan Swezey was an outstanding student athlete. Her tragic loss is a loss not only for the family
but for the community as well.
He wished to remind the citizens of Leesburg that this weekend is August Court Days. There
will be a Bar B Que retail facility manned by the Leesburg Kiwanis Club.
He welcomed the visitor from Germany.
Mr. Kimball stated that, on Saturday, while he was in the office of Town and Country
Properties which is housed in the Patterson House two small girls, one of whom is the daughter of
an agent on duty, were poking around in the attic and discovered some artifacts. They discovered two
volumes of an eleventh volume of history work printed in London in 1747.
This discovery helps put things into perspective that we do have a very historic town and it is
worth preserving.
Mrs. Forester congratulated Leesburg Crime Prevention Council for the excellent job they did
on putting together programs for National Night Out. She asked Leesburg citizens to support their
neighborhood watch program.
She congratulated Mr. Huff on the excellent summer sports camp held at Ida Lee Park. Staff
did a wonderful job and worked very diligently with the children.
Minutes of August 13, 1991
She encouraged everyone to reserve a garden plot at Ida Lee next year and to attend August
Court Days.
Ms. Bange thanked the many citizens who came to Saturday's Listening Session.
She thanked Mr. Tringale and Leesburg Renaissance for all the good things that are happening
in the town.
The ad hoc fire committee has done an excellent job.
She encouraged everyone to visit Leesburg's booth at August Court Days. The Leesburg Rotary
Club and Leesburg Day Break Club will also have a booth in front of the courthouse.
Mr. Clem. reported on Saturday's Listening Session. Three different groups of citizens came in.
One group, from Morven Park Road, raised concern with the noise generated by the air conditioning
units from the new Library.
Another issue raised by this group concerned a culvert built on their side of the street. The
town is proposing to install a concrete box.
The second group of citizens from Fairview Street raised concern with the speed of traffic
coming and going from the school. Mr. Clem asked Mr. Brown to look into this situation.
He echoed the comments of his fellow councilmembers with regard to August Court Days.
On August 24, 1991 at the Leesburg Plaza Shopping Center an Antique Classic Street Ride
Show will be held.
Mr. Kimball reported on speeding vehicles and vehicles blaring their stereos loudly through the
Country Club area. He asked Mr. Brown to look in to this. Mr. Brown stated that the town does have
an ordinance that addresses noise nuisances but does not specifically address vehicles with stereo
systems.
MANAGER'S REPORT
Mr. Brown referred to the Activity Report and reported on the Summer Lamplighter. Staff was
able to send out the Lamplighter after several months due to budget restraints. He complimented
Susan Farmer for an outstanding Lamplighter.
He wished his daughter Caroline a Happy Birthday. She turned 7 on August 6.
He introduced Ms. Christine Rendler, from Oberkirch, Germany. Christine is an exchange
student who will be living with us through the end of September. Vice-Mayor Clem also welcomed Ms.
Rendler and hoped that she would be able to meet Mayor Sevila before she returned to Germany.
LEGISLATION
Item 10 (a) was referred to the September 3, 1991 Administration and Public Works Committee
Agenda.
On motion of Mrs. Forester, seconded by Ms. Bange, the following ordinance was proposed and
unanimously adopted.
91-0-33 - ORDINANCE - ADOPTING A COMPREHENSIVE REVISION TO ARTICLE 10 (SIGN
REGULATIONS), OF THE LEESBURG ZONING ORDINANCE.
WHEREAS, public necessity, general welfare, and good zoning practice require the evaluation
of existing ordinances to ensure that they continue to address the needs of the community; and
WHEREAS, a comprehensive amendment to Article 10 (Sign Regulations) of the Leesburg
Zoning Ordinance was initiated on December 12, 1990; and
WHEREAS, the Planning Commission unanimously recommended approval of the
comprehensive amendments to the sign regulations on April 11, 1991; and
WHEREAS, the composition of an Ad Hoc Sign Ordinance Committee was established by
Resolution 91-127 on June 11, 1991 to analyze the aesthetic values of the sign regulations and
recommend any additional changes that will protect the appearance of the Town; and
WHEREAS, the Ad Hoc Sign Ordinance Committee provided a public forum to obtain
comments from the citizens of Leesburg; and
WHEREAS, a public hearing by the Town Council on July 23, 1991 was held to receive any
additional comments:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
Minutes of August 13, 1991
The existing Article 10 (Sign Regulations), of the Leesburg Zoning Ordinance is hereby repealed,
and is replaced with a new Article 10 (Sign Regulations) as follows:
ARTICLE 10. SIGN REGULATIONS
Section 10A-1. PURPOSE AND INTENT
The purpose of this Article is to regulate the size, location, height and construction of all signs placed
for public observance; to protect the public health, safety, convenience and general welfare; to facilitate
the creation of a convenient, attractive and harmonious community; to protect property values; and to
further the urban design and economic development objectives of the Town Plan. To these ends, these
regulations are intended to promote signs that are:
(1)
Compatible with the landscape/streetscape and architecture of surrounding buildings,
including historic sites and structures;
(2) Legible and appropriate to the activity to which they pertain;
(3) Not distracting to motorists; and
(4) Constructed and maintained in a structurally sound and attractive condition.
Section 10A-2. APPLICABILITY
These sign regulations shall apply to all signs erected within the Town of Leesburg following the
effective date of this Ordinance.
Section 10A-3. SIGN PERMIT REQUIRED
Except as provided herein, no sign shall be erected, installed, used, altered, relocated, replaced or
reconstructed until a Sign Permit has been issued and approved by the Board of Architectural Review
if applicable. For the purpose of this Ordinance, all signs are considered accessory uses and, unless
specifically qualified, shall be located on the same lot with the principal use to which they pertain.
Section 10A-4. SPECIAL DEFINITIONS
For ~the purpose of these sign regulations, unless the context otherwise requires, the following terms
shall have the meanings established below:
Animated Sign. Signs which involve the use of motion, rotation, or the appearance of motion.
Awning/Canopy Sign. A sign placed directly on or attached to the surface of an awning or canopy.
Banner. Cloth, paper, balloons or material of any kind intended to attract attention. Governmental flags
or symbolic flags of religious, charitable, public or non-profit organizations shall not be considered
banners.
Billboard Sign. See "Off-premises sign."
Changeable Copy Sign. A sign or part of a sign that is designed so that characters, letters or
illustrations can be changed or rearranged without altering the face or surface of the sign.
Change of Use. Any use which substantially differs from the previous use of a building or land.
Construction Sign. A temporary sign identifying those engaged in construction of any building site.
Directional Sign. An on-premises sign designed to guide vehicular and/or pedestrian traffic by using
such words as "Entrance", "Exit", "Parking", "One Way" or similar directional instruction, but not
including any advertising message.
Directory Sign. A sign on which the names and locations of occupants or the use of a building or group
of buildings is given.
Flashing Sign. A sign used for identification, direction, advertising or promotion that includes lights
which flash, blink, or turn on and off intermittently.
Gasoline Station Signs. Signs permitted by Section 10A-13(5) for buildings and premises in which the
primary source of revenue is the retail dispensing of motor fuels. This information must be verified
by the applicant prior to the issuance of sign permits.
Ground-mounted Sign. A sign which is supported by structures or supports in or upon the ground and
independent of any support from any building.
Identification Sign. A sign which displays only the address and name or crest, insignia or trademark,
occupation or profession of an occupant or the name of any building on the premises.
Minutes of August 13, 1991
nluminated Sign. A sign illuminated in any manner by an artificial light source, whether internally
or externally lit.
Institutional Bulletin Board Sign. A sign containing a surface upon which is displayed the name of a
religious institution, school, library, community center or similar institutional or community service use,
and the announcement of its services or activities.
Marquee. A permanent structure projecting beyond a building wall at an entrance to a building or
extending along and projecting beyond the building's wall and generally designed and constructed to
provide protection against the weather.
Marquee Sign. A sign attached to and made a part of a marquee or any other similar projection from
a building.
Monument Sign. A structure built on-grade in which the sign and the structure are an integral part
of one another; not a pole sign.
Off-premises Sign. A sign which directs attention to a business, commodity, service or establishment
conducted, sold or offered at a location other than the premises on which the sign is erected.
Pole Sign. A sign that is mounted on one or more freestanding poles or similar supports.
Projecting Sign. Any sign, other than a wall, awning or marquee sign, which is affixed to a building
and is supported only by the wall on which it is mounted.
Roof Sign. A sign erected or constructed, in whole or in par% upon or above the highest point of a
building with a fiat roof, or the lowest portion of a roof for any building with a pitched roof.
Sign. Any letters, words, symbols, etc., used or intended to attract the attention of the public from the
streets, sidewalks, or other outside public right-of-way. For the purposes of this Article, the term "sign"
shall include all structural members.
Sign Area. See Section 10A-8.
Temporary Sign. A sign or advertising display designed or intended to be displayed for a specified
period of time, as provided in Section 10A-6 and 10A-7.
Wall Sign. A sign attached to a wall, or painted on or against a flat vertical surface of a structure,
which displays only one advertising surface.
Window Sign. All signs attached to or applied directly onto the surface, or any sign visible from the
public right-of-way through the window.
Section 10A-5. PROHIBITED SIGNS
The following signs are expressly prohibited unless specifically stated otherwise.
(1) Off-premises Signs, Including Billboards except as provided in Section 10A-7.
(2)
Portable Signs. Any sign not permanently affixed to a building, structure or the ground.
This category includes, but is not limited to, A-frame signs, signs attached to or placed
on vehicles not used for the dally conduct of the business, banners, balloons, and similar
devices used to attract attention. This category of signs will not apply to authorized
temporary signs listed in Section 10A-7.
(3)
(4)
(5)
(6)
(7)
(8)
Changeable Coov Signs excluding approved institutional bulletin boards, theater signs
and fuel price signs as permitted by this Ordinance.
Simulated Traffic Signs or any sign which may be confused with or obstruct the view
of any authorized traffic sign or signal.
Animated Signs. Signs which involve or simulate motion or rotation, including but not
limited to pennants, propellers, disks, streamers and flags. This prohibition shall not
apply to the hands of a clock, a weathervane, or flags meeting the requirements of
Section 10A-6(4).
Flashing Signs except for time and temperature signs.
Glaring Signs or signs with light sources of such brightness as to constitute a hazard
or nuisance as determined by the Zoning Administrator.
Strings of Lights outlining property lines, sales areas, or any portion of a structure,
unless part of an approved sign or sign-structure. This prohibition shall not apply to
seasonal decorations.
Minutes of August 13, 1991
(9) Roof Signs.
(10) Signs Affixed to a Tree or other natural vegetation or rocks.
(11)
Signs that Obstruct the visibility at intersections or block any window, door, fire escape,
stairway, or any opening intended for light, air or access to any building.
(12)
Signs Erected in or Over a Public Right-of-Way or on public land except as permitted
in Section 16-27 of the Town Code.
(13) Home Occupation Sign.
(14) Neon Signs (unless approved by the BAR).
Section 10A-6. EXEMPT SIGNS
Sign permits shall not be required for the following signs; however, all other applicable regulations of
this Ordinance shall apply.
(1)
Address or Identification Signs. Signs indicating the address and/or names of occupants
of premises, not exceeding two square feet in area.
(2)
Changing the Message Content of an approved directory, institutional bulletin board or
theater marquee sign.
(3)
Commemorative Plaques and historical markers erected by a recognized historical agency
or governmental body.
(4)
Flags, Emblems and Insignia of any governmental agency or religious, charitable, public
or non-profit organization; provided, however, that no single flag shall exceed fifty square
feet in area and no individual building shall display more than three flags or exceed 100
square feet in area.
(5) Handicapped Parking Space Sign.
(6)
(7)
Directional Signs not exceeding one square foot in area or located closer than five feet
to any lot line. Directional signs may be internally lit or illuminated by white light only.
Security and Warning Signs. Signs posted on private property warning the public
against trespassing, or similar messages, provided that any such sign does not exceed
1.5 square feet in area.
(8)
Private Drive Signs. One per drive entrance, not exceeding two square feet in area, with
the message content limited to the words "Private Drive" and the address of any
residences utilizing the private roadway.
(9) Public Signs including traffic, utility and other regulatory signs.
(10)
Seasonal or Tempora .ry Displays of patriotic, religious or civic character on private
property, not advertising a product or service, not displayed for a period to exceed 30
days.
(11)
Signs Not Visible Beyond the Boundaries of the lot or parcel upon which they are
located, or from any public right-of-way.
(12)
Temporary Political Campaign Signs on Private Property. not to exceed nine (9) square
feet in area and six (6) feet in height. Such signs shall not be erected more than 45
days prior to the election and shall be removed within five (5) days after the election.
If, after reasonable notice, such signs are not removed, the town may remove them and
the candidate, organization or person who caused the sign to be erected may be charged
for the removal.
(13)
Temporary Private Yard Sale Signs not exceeding three (3) in number per yard sale and
not placed in a public right-of-way. All such signs are to be removed within 24 hours
of the end of the sale.
(14)
(15)
Temporary Real Estate Signs located on the premises, not exceeding four square feet
in area for single-family residential uses, or nine square feet in area for other No real
estate sign shall exceed a height of six (6) feet. One real estate sign shall be permitted
per property, except for corner lots, which may have two such signs. Temporary real
estate signs shall be removed within seven (7) days of the settlement or lease of the
property.
Tempora .ry Window Signs covering no more than 25 percent of the window area and
not displayed above the first floor. Such signs shall not remain in place for more than
four (4) weeks.
Minutes of August 13, 1991
(16)
Vehicle Safety Inspection Signs not exceeding ten square feet in area. Such signs may
be either a wall sign or attached to an existing authorized ground mounted sign
structure (one per business) not to exceed the height of the ground mounted sign.
(17)
Government Signs which are approved by the Town Council or installed for the public
benefit by the Town of Leesburg.
(18) Town sponsored special event signs or banners.
Section 10A-7. SIGNS REQUIRING TEMPORARY SIGN PERMIT
The following signs shall require the issuance of a Temporary Sign Permit by the Zoning Administrator
prior to their erection. The permit shall cite the length of time any such sign may be displayed. If
after the expiration of the Temporary Sign Permit, such signs are not removed, the town may remove
them and charge the cost of removal to the enterprise or proprietor responsible.
(1)
Special Event Sign. The sign will be attached to an existing principal structure or sign,
and not exceed 20 square feet in area or six feet in height. Display of the sign is
limited to 14 continuous days, twice a year. The sign shall be removed within five days
following the end of the event.
(2)
Temporary and Seasonal Produce Stand Signs. The total area of all such signs shall
not exceed 20 square feet, nor shall any sign exceed six (6) feet in height.
(3)
Construction Signs installed at the time of zoning permit issuance not to exceed one per
street frontage, limited to a maximum six foot height and 20 square foot area. Such
signs shall be removed prior to the issuance of a temporary or permanent certificate of
occupancy.
(4)
Temporary Business Identification. A wall mounted temporary sign not to exceed 20
square feet to identify a new business for a period of not more than two months prior
to approval of permanent signage.
(5)
Tempora .ry Real Estate Sign (Leasing/Sale Information). Leasing/Sale information can
be displayed for all uses other than single-family residential developments. One sign
is permitted for each street frontage, limited to 20 square feet in area, and six (6) feet
in height. The sign may be displayed for a six (6) month time period. Another
temporary sign permit may be granted at the end of the six (6) month period, which
is not subject to extension.
(6)
Temporary Residential Subdivision and Model Home Identification Signs. One sign may
be erected for not more than two (2) years at each principal entrance to the
development. Such signs shall not exceed six (6) feet in height or 20 square feet in
area. Individual model homes may maintain a sign not exceeding six (6) square feet
in area.
(7)
Tempora .ry Signs Announcing a Civic Philanthropic, Educational or Religious Event.
Such signs shall not exceed 20 square feet in area or six feet in height. The location
of the sign shall be determined by the Zoning Administrator. The sign will not be
displayed more than 14 days prior to the event and will be removed within five days
after the event.
(8)
Residential Development Approach Signs. For the purpose of directing the public to
a development site, any new residential development constructed for individual
ownership may provide a maximum of four (4) temporary double-sided signs mounted
by dual posts near different intersection locations. The temporary directional signs shall
be maintained by the developer, and comply with the following standards:
ao
The sign face shall be limited to six (6) inches in height, and two (2)
feet in length. The height of an individual directional sign shall not
exceed two (2) feet. A consolidated directional sign may not exceed three
and one-half (3.5) feet in height.
If the road intersection leads to more than one residential development,
individual signs along the roadways are not permitted. Temporary
directional signs shall be consolidated into a single sign frame, which
may consist of up to four (4) separate residential developments. The
height of a consolidated directional sign is incremental from the base
height of a single directional sign.
Signage will be limited to the project name with a directional arrow.
Logos are not permitted.
The appearance of the temporary sign shall not vary from the standard
background color approved for all such signs. The letter height, style,
Minutes of August 13, 1991
and borders may vary, subject to approval by the Zoning Administrator.
All such temporary signs shall be located on private property, and must
be demonstrated as not interfering with any vehicular sight
visibility.f. The temporary sign permit may be renewed annually within
90 days of the expiration date. Temporary signs will be removed when
Certificates of Occupancy have been issued for 90% of the development.
Section 10A-8. GENERAL SIGN STANDARDS
(1)
Determination of Sign Height. The height of a sign shall be measured from the average
elevation of the edge of pavement at the points most nearly adjacent to the subject
parcel corners.
(2) Number of Sign Faces. No sign shall have more than two (2) sign faces.
(3)
Determination of Monument Sign Area. The surface area of the largest face of the
structure will determine the total square footage of the monument sign. This calculation
will exclude the first eighteen (18") inches of the base, provided it does not include any
sign copy. In addition, a planter structure which does not exceed one foot (1) in height
or include sign copy will also be excluded from the area calculation.
(4)
Determination of Sign Area. This is a measure of the surface area which encompasses
any regular geometric figure (square, circle, rectangle, triangle, etc.) enclosing all parts
of the sign face.
(5)
Area of Signs With Two Sign Faces. The area of a sign with two (2) sign faces shall
be computed according to the following:
Sign faces separated by an interior angle of 45 degrees or greater, both sign faces
shall be included;
Sign faces separated by an interior angle of less than 45 degrees, one sign face
shall be included, provided, however, the area of the largest sign face shall be
used when two faces are unequal in area.
Section 10A-9. DEVELOPMENT STANDARDS FOR PERMITTED SIGN TYPES
All new signs and all existing signs which are replaced, reconstructed, extended or changed structurally
shall comply with the following development standards:
(1) Monument Sign - Development Standards
ao
Road Frontage Requirements. Monument signs shall be permitted only on lots
with 100 feet or more of road frontage.
bo
Minimum Separation Distance. No monument sign shall be permitted to be
erected within 100 feet of an existing monument sign.
c. Maximum Height. Ten (10) feet.
Maximum Size. One (1) square foot per five (5) linear feet of street frontage,
up to a maximum size of 40 square feet.
(2) Projecting Sign - Development Standards
a. Frontage Requirements. Eighteen (18) feet of ground level frontage.
b. Angle of Prqiection. Ninety degrees (90°).
Limit on Prqiection. Three and one-half feet (3'6") or one-half of the width of
the sidewalk, whichever is less.
Prqiection Over Right-of-Way. Permit required as provided in Section 16-27 of
the Town Code.
e. Minimum Clearance. Seven and one-half feet (7'6").
Maximum Height. Fourteen feet (14') or the bottom sill of any second story
window, whichever is lowest.
Maximum Size. One (1) square foot per linear foot of building frontage on
which the sign is to be attached, up to twelve (12) square feet.
(3) Wall/Marquee Sign - Development Standards
Minutes of August 13, 1991
Placement~ Generally. No wall sign shall cover, cross or otherwise hide columns,
belt courses or other decorative architectural features of the building, including
balconies.
bo
Maximum Height of Wall Signs. Twenty-five feet (25'), or the height of the
bottom sill of any second story window, whichever is lowest.
Maximum Size. One (1) square foot per hnear foot of building frontage on
which the sign or signs are to be attached,up to a maximum aggregate of 100
square feet.
d. Limit on Projection. Twelve inches (12").
eo
Permanent Window Signs; Additional Restrictions. Permanent window signs
shall be limited to 25 percent of the window area and shall be included in the
calculations of the permissible square footage for wall signs.
Building Identification Wall Sign. For those uses which the Board of
Architectural Review (BAR) have approved a Building Identification Wall Sign,
the maximum size of the sign may be up to 100 square feet.
(4) Awning and Canopy Signs - Development Standards
Location. Parallel to and not projecting above or below the face of the awning
or canopy.
Limit on Projection. To within one foot of the vertical placement of curbs, but
shall in no way interfere or obstruct either pedestrian or vehicular traffic. Any
sign which projects over the public right-of-way shall comply with Section 16-
27 of the Town Code.
Maximum Size. One square foot per linear foot of the awning or canopy, up
to a maximum ten (10) square feet.
Section 10A-10. CONSTRUCTION AND MAINTENANCE STANDARDS
(1)
Building Code Compliance. All signs shall be constructed in compliance with the
Virginia Uniform Statewide Building Code.
(2)
Condition of Signs. All signs and components shall be maintained in good repair and
in a safe, clean and attractive condition.
(3)
Repair or Removal of Nuisance Signs. Any sign which is declared to be an immediate
or imminent hazard to life or property may be caused to be immediately removed or
repaired. Ail costs associated with the removal or repair shall be charged to the owner
of the premises.
(4)
Removal of Obsolete Signs. Any sign which is obsolete, because of discontinuance of
the advertised activity or any other reason which would cause the sign to be obsolete,
shall be removed within 30 days.
Section 10A-11. PRE-EXISTING SIGNS
(1)
Any sign which was lawfully in existence at the time of the effective date of this
Ordinance which does not conform to the provisions herein, and any sign which is
accessory to a lawful non-conforming principal use, shall be deemed a lawful pre-existing
sign, and may remain, subject to the following conditions:
The owner of any property on which there is located a pre-existing sign shall,
upon notice from the Zoning Administrator, submit verification within 60 days
that the sign was lawfully in existence at the time of the adoption of these sign
regulations. Once the status of the sign is determined as lawfully existing, a
Pre-Existing Sign Permit shall be granted for renewable periods of five (5) years.
The burden of establishing continuing compliance with the conditions of the Pre-
Existing Sign Permit shall be that of the owner of the property.
Any pre-existing sign which fails to conform to the conditions contained in this
Ordinance, or which has not received an approved Pre-Existing Sign Permit~
shall be removed or modified within 60 days of notice to conform to these sign
regulations.
Pre-existing signs must be kept in good repair and condition. However, any sign
which is declared to be unsafe or unlawful by any authorized Town official as
a result of physical condition may not be restored, repaired or rebuilt, but must
be removed.
Minutes of August 13, 1991
Pre-existing signs may not be displayed on any other portion of the property or
building other than its original location, and may not be displayed on another
property.
Pre-existing signs may not be enlarged, extended, reconstructed or structurally
altered.
A pre-existing sign which is destroyed or damaged to an extent exceeding 50
percent of its appraised value may not be altered, replaced or reinstalled unless
it is in conformance with this Article. If the damage or destruction is 50 percent
or less of the appraised value, the sign may be restored within two years of the
damage, but shall not be enlarged in any manner.
A pre-existing sign must be removed if the structure, building or use to which
it is accessory is destroyed, or demolished to an extent exceeding 50 percent of
the appraised value of the principal structure, building or use.
The sign copy of pre-existing signs may be changed to accommodate similar
businesses occupying the same location. However, whenever a substantial
change of use or structural alteration occurs upon a lot containing a pre-existing
sign, such sign shall not be permitted unless modified to be in full compliance
with this Ordinance.
Section 10A-12. RESIDENTIAL ZONING DISTRICTS; PERMITTED SIGNS
(1) General Regulations
Minimum Setback. Five (5) feet from all public rights-of-way unless further
restricted by provisions of this Article.
nlumination of Signs in Residential Districts. The following signs may be
illuminated by white light only: institutional bulletin boards and residential
development identification signs.
(2) Signs for Permitted Principal Uses
Single-Family and Two-Family Dwellings. None except for those signs exempt
from permit requirements and temporary signs authorized in Section 10A-6 and
10A-7, respectively.
bo
Residential Developments. Permanent subdivision or development identification
signs, indicating only the name and/or address of the premises. The
identification sign shall be designed as monument signs with the maximum sign
area as follows:
Developments of 20 Units or Less. One monument sign, not to exceed
10 square feet in area or six (6) feet in height.
Developments of 21 Units or More. One monument sign at each major
entrance, not to exceed 20 square feet in area or six (6) feet in height.
An alternative to construction of a monument sign is providing an
architectural entrance feature on both sides of the main entrances not
to exceed six (6) feet in height with up to ten (10) square feet of sign
area for each feature, subject to BAR approval.
General Farming Activities. Two (2) ground-mounted farm signs per property
up to eight (8) feet in height, with a combined area not to exceed 12 square feet.
(3) Signs for Accessory Uses
ao
Accessory Management or Rental Offices. One wall or projecting sign up to four
(4) square feet in area.
bo
Other Accessory Uses. One wall or projecting sign up to four (4) square feet
in area.
(4) Signs for Special Exception Uses
Institutional Bulletin Boards. One ground-mounted or wall sign per use, not
to exceed 16 square feet in area and, if a ground-mounted sign, six (6) feet in
height.
b°
Other Special Exception Uses. One sign of any type identifying only the name
and/or address of the premises, not to exceed 16 square feet in area and, if a
ground-mounted sign, six (6) feet in height.
Minutes of August 13, 1991
Section 10A-13. BUSINESS AND EMPLOYMENT ZONING DISTRICTS; PERMITTED SIGNS
(1) Signs in Business and Employment Districts; General Regulations
Development and Construction Standards. All signs requiring a permit shall
comply with the requirements of Sections 10A-9 and 10A-10.
Ground-mounted Signs; Monument Sign Requirement. All ground mounted
signs erected within business and employment districts shall be constructed as
monument signs, as defined in Section 10A-4.
Signs Facing Residential Areas. Any sign erected within 100 feet of either an
existing residential use or a residential zoning district shall be non-illuminated
and limited to 16 square feet in area.
Minimum Setback of Monument Signs. Ten (10) feet from any public right-
of-way, service drive or entrance.
(2)
Signs for Individual Businesses. A single business located on one lot may erect signs
as follows:
ao
Maximum Number of Signs Per Business. Two (2). However, a business shall
not be permitted to have both a monument sign and a projecting sign.
Types of Signs Permitted. Wall, monument, projecting, awning, canopy or
marquee.
c. Maximum Size of Signs.
Wall or Marquee Sign. One square foot per linear foot of building
frontage on which the sign or signs are to be attached, up to a maximum
aggregate of 100 square feet.
°
Monument Sign. One square foot per five linear feet of lot frontage on
which the sign is to be located, up to a maximum size of 40 square feet
and a maximum height of ten (10) feet.
Awning or Canopy Sign. One square foot per linear foot of the awning
or canopy, up to ten (10) square feet.
Prqiecting Sign. One square foot per linear foot of building frontage on
which the sign is to be attached, up to twelve (12) square feet.
(3)
Signs for Multiple Businesses. Multiple businesses located on a single lot may erect
signs as follows:
ao
Maximum Number of Signs Per Lot. No lot shall be permitted to have erected
both a projecting sign and a monument sign.
b. Maximum Number of Signs Per Business. Two (2), plus a directory sign.
Types of Signs Permitted. Wall, monument, projecting, awning, canopy or
marquee.
d. Maximum Size of Signs. Same as for individual businesses (Section 10A-13(2)).
eo
Directory Sign. One wall mounted sign per building placed near the principal
entrance, up to 15 square feet in area. Identification of a business on the
directory sign will not be included with the number of signs permitted in (b)
above.
Wall Signs. One per establishment having an individual outside entrance;
harmonious with other wall signs as to color and lettering. The size shall be
limited
to one square foot per linear foot of building frontage for the establishment, up
to a maximum of 100 square feet.
Building Identification Wall Sign. The BAR may approve an alternative building
identification wall sign when the location and proposed building name will better
relate to the overall design and architectural quality of the building. The
maximum size of the sign may be up to 100 square feet, and is permitted in
lieu of individual wall signs.
(4)
Signs for Commercial, Office and Industrial Centers. Commercial, office or industrial
centers or parks at least two acres in size and including five or more establishments
planned as an integrated development shall be authorized to erect signs based on the
Minutes of August 13, 1991
following:
Signs for Individual Establishments Within Center. Same as for individual or
multiple businesses, as appropriate (Section 10A-13 (2) and (3) respectively);
provided, no monument signs shall be permitted for individual businesses located
on the same lot in a shopping center. One monument sign may be erected for
each detached principal building within an office or industrial center. No such
sign shall exceed 20 square feet in area or eight (8) feet in height.
Shopping Center Identification Sign. One monument sign with an area of one
square foot per five linear feet of lot frontage on which the sign is to be erected,
up to a maximum of 40 square feet and a maximum height of ten (10) feet.
Only the name and address of the center and up to three names of
establishments shall be displayed.
Office or Industrial Signs. One monument sign at each major entrance of an
office or industrial center identifying the name of the center only. No such sign
shall exceed 40 square feet in area or ten (10) feet in height.
(5) Signs for Gasoline Stations. Automobile gasoline stations may erect signs as follows:
a. Maximum Number of Signs. Three (3).
b. Types of Signs Permitted. Wall, Monument, awning, canopy or marquee.
c. Maximum Size of Signs:
1. Wall and Marquee. Same as individual businesses (Section 10A-13(2).
Signs. Same as for individual businesses (Section 10A-13(2), but may
include within the allowable square footage a provision for changeable
fuel price sign. The location of the Monument sign must be
demonstrated as not interfering with entrance sight distances.
Canopy or Awning. One square foot per linear foot of the canopy or
awning, with signage comprised of a single reference to the name of the
service station and/or identification logo, up to a maximum fifty (50)
square feet of signage per side of canopy.
Gas Pump Signs. Each gas pump shall be permitted a total of two (2)
square foot of sign area to identify the product dispensed.
(6)
Signs for Theaters. Theaters are authorized to erect one of the permitted wall or
marquee signs with a changeable copy board displaying the name(s) and time(s) of the
current motion picture or theatrical production.
(7)
Signs for Other Uses Within Business and Employment Districts. In cases where the
regulations within Section 10A-13 do not address a sign for a permissible use within
a business or employment district, the Zoning Administrator shall make a written
interpretation of the Ordinance, which shall be kept on file and used as a guide for
future determinations.
(8)
Unusual site constraints. When unusual building site conditions prohibit the ability to
obtain effective signage, the Zoning Administrator may issue sign permits which comply
with the intent of this Article upon authorization by the Town Council.
Section 10A-14. SIGNS IN FLOODPLAIN DISTRICTS
(1)
Board of Zoning Appeals Authorization Required. Signs may be erected within a
Floodplain District only after approval by the Board of Zoning Appeals, and the issuance
of a sign permit by the Zoning Administrator.
(2)
Criteria for Signs in the F-1 District. In addition to all applicable criteria established
within these sign regulations, any sign which is proposed to be erected within the F-
l District shall satisfy all applicable standards established in Article 5C of this
Ordinance.
(3)
Area, Height and Location of Signs. The Board of Zoning Appeals is authorized to
require modification of the area, height, or location of a sign upon a determination that
such change is necessary to promote the purpose and intent of the Floodplain District
Regulations.
Section 10A-15. SIGNS IN THE OLD AND HISTORIC DISTRICT
(1)
Historic District Zoning Permit Required. Signs within the H-1 Historic District require
the approval of an Historic District Zoning Permit by the Board of Architectural Review
Minutes of August 13, 1991
and the issuance of a sign permit by the Zoning Administrator.
(2)
Sign Modifications. The Board of Architectural Review may authorize an alternative
signage plan that does not strictly adhere to the area, number, height and location
criteria within the H-1 District if it is determined that the design is more consistent
with the architectural character of the building to which it relates and other surrounding
properties.
(3)
Additional Review Criteria. Any sign erected within the H-1 District shall also satisfy
all applicable criteria established in Article 5A.
(4)
Area, Height, Number and Location of Signs. The height, number and location
standards for the underlying zoning district shall be applicable to all signs erected within
the H-1 District. The maximum sign area per use shall not exceed 40 square feet for
wall signs, 16 square feet for ground-mounted signs, and ten (10) square feet for
projecting signs, unless specifically modified in accordance with 10A-15(2).
Section 10A-16. SIGNS IN PLANNED DEVELOPMENT DISTRICTS
(1)
Signs, Generally. Applicants submitting a petition for a planned development district
(PRN, PRC or PEC) shall submit the proposed maximum size, height and number of
signs, including proposed limitations and requirements on all private signs, as required
by Section 10A-9 of this Article.
(2)
Optional Comprehensive Signage Plan. In order to allow greater design flexibility,
planned development applications may include a comprehensive siguage plan indicating
the types, general location, size, height and design of proposed signs. Such a
comprehensive signage plan shall be reviewed by the Planning Commission and approved
by the Town Council as part of the final development plan procedures.
Section 10A-17. COMPREHENSIVE SIGNAGE PLANS.
(1)
Signs, Generally. In order to encourage unified compatible signage, any existing or
proposed multiple tenant development may submit a comprehensive signage plan which
indicates the proposed sign types, location, size, height, design, materials and color.
(2)
Review Authority. Comprehensive signage plans will be reviewed by the Board of
Architectural Review. The design criteria contained in Section 5B-5 will be utilized to
evaluate the relationship of the proposed signage with the architectural design of the
building. Any individual sign which exceeds the size limitations contained in this Article
must be authorized by the Town Council upon recommendation by the BAR.
Section 10A-18. SIGN PERMIT PROCEDURES
(1)
Applicability. A Sign Permit shall be required for all signs erected after the effective
date of this Article, except for those signs which are specifically excluded from the Sign
Permit requirements as provided in Section 10A-6.
(2)
Filing of Application; Fees. Applications for Sign Permits shall be filed on a form
provided by the Zoning Administrator, shall contain information required herein, and
shall be accompanied by a fee of $25.00 for signs less than six (6) square feet, $35.00
for signs more than six (6) square feet and $35.00 for a temporary sign permit of any
size.
(3)
Pre-Existing Sign Permits. There will not be a fee associated with the submittal of a
Pre-Existing Sign Permit verification.
(4)
Information Required. All applications for Sign Permits shall contain, or have attached
thereto, the following information in either written or graphic form:
a. Name, address and telephone number of the sign erector and the sign owner.
Position of the sign in relation to adjacent lot lines, buildings, sidewalks, streets
and intersections.
Co
Type of sign and general description of structural design and construction
materials to be used.
Purpose of the proposed sign.
Drawings of the proposed sign which shall contain specifications indicating the
height, perimeter and area dimensions, means of support, method of
illumination, colors, and any other significant aspect of the proposed sign.
Any other information requested by the Zoning Administrator in order to carry
out the purpose and intent of these regulations.
Minutes of August 13, 1991
(5)
Recording of Sign Permit. The Zoning Administrator shall maintain a record of all Sign
Permits issued. All Sign Permits shall be numbered in the order of their issuance.
(6)
Inspections. A final inspection shall be completed after installation of approved signs.
Any discrepancies between the approved sign and the sign as constructed shall be
identified and may result in the halt of construction or sign removal, if so ordered by
the Zoning Administrator.
(7)
Revocations. The Zoning Administrator may revoke a permit or approval if it is found
that there has been concealment or misrepresentation of material facts in either the
application or plans.
Section 10A-19. TEMPORARY SIGN PERMIT PROCEDURES
For all signs requiring the issuance of a Temporary Sign Permit, as established in Section 10A-7, the
applicant shall submit all information requested by the Zoning Administrator prior to the issuance of
such permit. The approved permit shall include the expiration date of the temporary permit. The
applicant may request extensions of said permit for good cause. A temporary sign(s) remaining after
the expiration of the permit shall be considered an obsolete sign.
Section 10A-20. EXPIRATION OF SIGN PERMITS; SIGNS NOT CONSTRUCTED
A Sign Permit shall expire and become null and void if the approved sign is not erected within a period
of 12 months from the date the permit was originally issued. The Zoning Administrator may grant one
extension of the Sign Permit for a period of six (6) months, but in no case shall a permit be valid for
more than a total of 18 months. Extensions may be granted only when the proposed sign is in
compliance with all current applicable regulations.
Section 10A-21. REMOVAL OF ILLEGAL SIGNS
The Zoning Administrator may remove or order the removal of any illegal sign at the expense of the
property owner. An illegal sign is any sign erected without a permit as described by Section 10A-18
of this Article or does not comply with any provision of this Article.
SECTION II. All prior ordinances in conflict herewith are repealed.
SECTION III. Severability. If any provision of this Article is declared invalid by a court of
competent jurisdiction, the decision shall not affect the validity of this Article as a whole or of any
remaining provision of this Article.
SECTION IV. This Ordinance shall be in effect upon its passage.
Mr. Johnson stated that the ad hoc committee did a fabulous job. We have a good package that
addresses the needs of both the business community and the preservation of the appearance of the
town. What is being proposed is a very good product.
Mr. Lovin stated that he would support the ordinance but is somewhat disappointed with one
of the loop holes that has enabled neon signs in the Historic District. One neon sign that particularly
disturbs Mr. Lovin is located directly across the street from the courthouse in a food and beverage place
that is inappropriate for the Historic District. He stated that it is hard to keep visual order and
attractiveness in the Historic District. It takes a lot of work to keep it that way. It is my
understanding that neon signs will now be grandfathered. Neon signs have never been allowed in the
Historic District and if they have them up now they become grandfathered. The Board of Architectural
Review (BAR) will now have to approve all neon signs in the Historic District. As one member of the
BAR, I will never approve a neon sign in the Historic District.
Mrs. Forester congratulated Mr. Johnson and the ad hoc committee for their hard work.
Everyone has done a wonderful job. She looks forward to the flexibility that this allows.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Webb
Nay: None
Absent: Mayor Sevila
On motion of Mr. Webb, seconded by Ms. Bange, the following two ordinances were proposed
and unanimously adopted.
91-0-34 - ORDINANCE - ENACTING SECTION 17-3.1 THROUGH 17-3.8 OF THE TOWN CODE
WHEREAS, the General Assembly has enacted legislation to provide tax relief for elderly and
handicapped persons for taxes levied by the town on motor vehicles.
THEREFORE, ORDAINED by the council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 17-3.1 of the Town Code is added to read as follows:
Minutes of August 13, 1991
Section 17-3.1. Tax Relief fo'r the elderly and permanently and totally disabled.
(a) Definitions.
As used herein:
(1) "Total combined income" means income received from ail sources of the
owner of the motor vehicles and of the spouse of any owner, provided that the $7,500 of income of such
owner, other than the spouse of the owner or owners, shail not be included in such total.
(2) "Net combined financial worth" means ail assets less liabilities of the
owners of the motor vehicle and of the spouses of any owner, including the present vaiue of ail
equitable interests, excluding the value of the principai residence and the land, in an amount not to
exceed one acre which it is situated. All furniture, household appliances and other items typically used
in a home are hereby excluded.
(3) "Affidavit" means the personai property tax reduction affidavit.
(4) "Town" means Town of Leesburg, Virginia.
(5) "Town Council" means the Town Council of the Town of Leesburg.
(6) "Director of Finance" means the Director of Finance of the town or any
of his duly authorized agents.
(7) "Dwelling" means the full time residence of the person or persons
claiming a reduction; and the land on which it is situated, not to exceed one acre.
(8) "Motor Vehicle" means only automobiles and pick-up trucks.
(9) "Person" means a naturai person.
(10) "Permanently and totally disabled" means a person who has been certified
by the Sociai Security Administration, the D~partment of Veterans Affairs, or the Railroad Retirement
Board, or if such person is not eligible for certification by any of these agencies, a sworn affidavit by
two medical doctors licensed to practice medicine in the Commonweaith or are military officers on active
duty who practice medicine in the United States Armed Forces, to the effect that such person is
permanently and totally disabled. The affidavit of at least one of the doctors shail be based upon a
physical examination of the person by the doctor. The affidavit of one such doctor may be based upon
medical information contained in the records of the Civil Service Commission which is relevant to the
standards for determining permanent and total disability. For purposes of this section, the terms
"permanently and totally disabled" shail mean unable to engage in any substantial gainful activity by
reason of any medically determinable physical or mental impairment or deformity which can be expected
to result in death or can be expected to last for the duration of such person's life. A certification
pursuant to 42 USC Section 423 (d) by the Sociai Security Administration, so long as the person
remains eligible for sociai security benefits, shail be deemed to satisfy such definition.
(11) "Principai Residence" means the full-time owned residence of the person or
persons claiming the reduction and the land upon which it is situated, not to exceed one acre.
(12) "Reduction" means the reduction in the town personal property taxes according
to the provisions of this Chapter.
(13) "Taxable Year" means the calendar year, from January 1 until December 31 for
which the aiternative tax is imposed.
Section 17-3.2. Tax reduction authorized: Effective date.
(a) A reduced tax rate is provided for quaiified owners of one motor vehicle owned
and used primarily by or for anyone who is not less than sixty-five years of age or who is permanently
and totally disabled and who is eligible according to the provisions of this Chapter. Persons qualifying
for reduction are deemed to be bearing an extraordinary tax burden on certain tangible personai
property in relation to their income and financiai worth.
(b) The effective date of this Chapter shail be tax year 1991.
Section 17-3.3. Administration of reduction.
The tax reductions shail be administered by the Director of Finance according to the
provisions of this Chapter. The director is hereby authorized to make an inquiry of persons seeking
such reduction in conformity with the provisions of this Chapter, including the requiring of answers
under oath, as may be reasonably necessary to determine quaiifications for reduction as specified by this
Chapter. The director may require the production of certified income tax returns and appraisal reports
to establish income and/or financiai worth.
Section 17-3.4. Requirements for reduction.
Minutes of August 13, 1991
A reduction shall be granted subject to the following provisions:
(a) The title of the motor vehicle for which a reduction is claimed is owned on
January I of the taxable year by the person or persons claiming the reduction.
(b) The person or persons owning the motor vehicle is not less than sixty-five years
of age on December 31 of the year immediately preceding the taxable year, or the person or persons
owning the motor vehicle are permanently and totally disabled as defined in Section 17-3.1(10) of this
Ordinance.
(c) A motor vehicle held by a husband and wife may qualify if either spouse is over
sixty-five or if either spouse is permanently and totally disabled. Such reduction shall be subject to the
following restrictions and conditions:
(1) The total combined income of the owner or owners during the year
immediately preceding the taxable year did not exceed forty thousand dollars ($40,000.00). Total
combined income includes all income from all sources of the owner of the motor vehicle for which the
reduction is claimed, provided that the first seven thousand five hundred dollars ($7,500.00) of income
of each owner other than the spouse, of the owner or owners of the motor vehicle, shall not be included
in such total. Also excluded from gross income is all of the income received by an owner for permanent
disability for the preceding year up to a maximum amount of $7,500.00.
(2) The total combined net financial worth of the owner or owners as of
December 31 of the year immediately preceding the taxable year did not exceed
one hundred fifty thousand dollars ($150,000.00). Total net financial worth shall include the value of
ail assets, shall include present equitable value of all interest of the owner or owners' and the owners'
spouse, and shall exclude the fair market value of the principal residence and the land upon which it
is situated, not exceeding one acre, for which the reduction is claimed. All furniture, household
appliances and other items typically used in a home are also hereby excluded.
(3) All income and net worth limitations shall be computed by aggregating
the income and assets, as the case may be, of a husband and wife who reside in the same dwelling and
shall be applied to any owner of the motor vehicle who claims a reduction of the tax rate permitted in
this Chapter, irrespective of how such motor vehicle may be rifled.
Section 17-3.5. Claiming a reduction.
(a) Annually, and not later than May 1 of the taxable year, the person or persons
claiming a reduction must file a personal property tax reduction affidavit with the Director of Finance.
Those applying for a reduction for the first rime must file on or before September 1 of the tax year for
which relief is sought. The director shall have the discretion to permit applicants to file after these
deadlines in cases of genuine hardship.
(b) The affidavit shall set forth in a manner prescribed by the director the names
of the owners of the motor vehicles for which the reduction is claimed, the name of the spouse of the
owner, the total combined income and the total combined net worth of the owners and spouses. The
affidavit shall also state whether or not the person or persons claim the reduction.
(c) If, after audit and investigation, the director determines that the person or
persons are qualified for a reduction, he shall so certify and shall deduct the amount of the reduction
from the claimant's personal property tax liability.
Section 17-3.6. Amount of reduction.
The person or persons qualifying for and claiming a reduction shall be taxed at a rate
of $.001 per $100 of assessed valuation for one motor vehicle owned and used primarily by or for
anyone qualifying for such reduction.
Section 17-3.7. Change in status.
Changes with respect to income, financial worth, ownership of property, medical status
or other factors occurring during the taxable year for which the affidavit is filed, and having the effect
of exceeding or violating the limitations and conditions provided in this chapter, shall nullify any
reduction of personal property tax liability for the then current taxable year and the taxable year
immediately following.
Section 17-3.8. False claims.
Any person or persons falsely claiming a reduction shall be guilty of a misdemeanor and,
upon conviction thereof, shall be fined not less than $50.00 nor more than $300.00 for each offense.
SECTION II. This Ordinance shall be in effect upon its passage.
The ordinance was adopted by a roll call vote of 6-0-1.
Aye: Bange, Clem, Forester, Kimball, Lovin and Webb
Minutes of August 13, 1991
Nay: None
Absent: Mayor Sevila
91-0-35 - ORDINANCE - AMENDING ARTICLE 1 OF CHAPTER 17 OF THE TOWN CODE TO
ADOPT A TAX P~TE FOR THOSE INDMDUALS QUALIFYING FOR TAX RELIEF
FROM TOWN PERSONAL PROPERTY TAXES
WHEREAS, the Virginia General Assembly has enacted legislation to provide tax relief for
elderly and handicapped persons for taxes levied by the town on motor vehicles; and
WHEREAS, this Council desires to adopt a reduced tax rate on motor vehicles owned by
individuals qualifying under the newly enacted Sections 17-3.1-17-3.8 of the Town Code.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
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 support 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 property of public
service corporations, shall be as follows:
Classification of Property
Rate of Tax per $100 Assessed Value
(a) Real estate $ 0.19
(b) Vehicles used as mobile homes or offices
$ 0.19
(c)
Aircraft and motor vehicles owned by individuals quali.f¥ing $0.001
for tax relief
(d) Ail other tangible personal property
$ 1.00
(2) Taxes on all real estate and all tangible personal property of public service corporations
shall be as follows:
Classification of Property
Rate of Tax per $100 Assessed Value
(a) Real estate $ 0.19
(b) Tangible personal property
$ 1.00
SECTION II. All prior ordinances and resolutions in conflict herewith are repealed.
SECTION III. This ordinance shall be in effect upon its passage for tax year 1991.
The ordinance was adopted by a roll call vote of 6-0-1.
Aye: Bange, Clem, Forester, Kimball, Lovin and Webb
Nay: None
Absent: Mayor Sevila
On motion of Mrs. Forester, seconded by Ms. Bange, the following resolution was proposed and
unanimously adopted.
91-168 - RESOLUTION - ESTABLISHING A POLICY REGARDING THE REVIEW OF SIGNS
SUBMITTED PURSUANT TO SECTION 10A-13(8), UNUSUAL SITE CONSTRAINTS
WHEREAS, Section 10A-13(8) of the Leesburg Zoning Ordinance requires the authorization of
the Town Council for the Zoning Administrator to issue a sign permit for this category of signage; and
WHEREAS, in most anticipated circumstances the authorization would not necessitate the
review of the entire Town Council because of the routine nature of the approval; and
WHEREAS, the Planning and Zoning Committee of the Town Council regularly attends to items
concerned with zoning:.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
It shall be the policy of the Town Council to authorize the Planning and Zoning Committee of
the Town Council to dispose of signage request submitted in accordance with Section 10A-13(8) of the
sign regulations unless the Committee agrees that the request is extraordinary and necessitates the
referral and consensus of the full Town Council.
Minutes of August 13, 1991
Mrs. Forester stated that this is one part of the citizens committee suggested so that the Council
would not have to go through a difficult review of these signs. If Mr. Johnson feels that they are
appropriate the Council can give permission without coming before the full Council.
Aye:
Nay:
Absent:
Bange, Clem, Forester, Kimball, Lovin and Webb
None
Mayor Sevila
On motion of Ms. Bange, seconded by Mr. Lovin, the following resolution was proposed and
unanimously adopted.
91-169 RESOLUTION AUTHORIZING THE TOWN MANAGER TO TAKE SPECIFIC
ADMINISTRATIVE ACTIONS IN RELATION TO THE PENDING EXPANSION OF
THE LEESBURG WATER POLLUTION CONTROL FACILITY
WHEREAS, a special workshop was held on September 15, 1990, with the Town Council, staff
and engineering consultants, CH2M Hill, for review of the consultants' Preliminary Design Report; and
WHEREAS, the Council directed staff and CH2M Hill to review the preliminary design and
institute cost reduction measures to reduce the project cost from an estimated $32 million to a targeted
$20 million with a corresponding reduction in flow to 5.0 MGD; and
WHEREAS, CH2M Hill and town staff have completed a preliminary design review with
recommendation to Council for relocation of the Water Pollution Control Facility's Tuscarora Creek
discharge to the Potomac River, to address instream waste concentration concerns resulting from the
newly enacted Virginia Toxics Management Regulations; and
WHEREAS, relocation of the discharge to the Potomac River will result in an estimated $10
million savings in project costs and will address long-term toxics management regulations; and
WHEREAS, discharge of effluent to the Potomac River requires approval by the Maryland
Department of the Environment of a NPDES discharge permit; and
WHEREAS, discontinuance of a Virginia effluent discharge raises a legal issue regarding the
efficacy of the Dulles Area Watershed Policy on a non-Virginia discharge; and
WHEREAS, the design of the expansion of the Water Pollution Control Facility must proceed
to provide sufficient capacity to meet the town's commitment to current and future planned
development.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager is hereby authorized and directed to submit an NPDES permit
application to the state of Maryland, Department of the Environment, for the Potomac River discharge.
SECTION II. The manager shall direct the town's consultants, CH2M Hill, to proceed with final
design of the WPCF expansion, based on the Potomac River discharge alternative identified in their July
29, 1991, letter report to Council.
SECTION III. The manager is hereby authorized and directed to obtain legal counsel for an
opinion regarding the implementation of the Dulles Area Watershed Policy under the Maryland
discharge alternative.
Mr. Lovin stated that the town's wastewater treatment control facility is currently operating on
a permit from the State Water Control Board that could be changed at a moments notice. The
expansion of the facility is probably going to be the single highest capital bond issue that the town has
ever entered into. He encouraged the public to follow this issue. An informed public is a better served
public.
Mr. Kimball referred to Section II of the proposed resolution and asked if there is any assurance
that the town will get that alternative. Mr. Shoemaker stated that the Maryland design will be a
minimal design using the same criteria used for the Virginia design with the exception of filtration and
one other process.
Mr. Webb asked if there is a chance that the town would be denied a permit from Maryland.
Mr. Shoemaker stated that he does not feel there is a chance that the town would be denied a permit
unless there was a sound scientific basis on the part of the parties that may object to the town's
discharge during the public hearing process.
Aye: Bange, Clem, Forester, Kimball, Lovin and Webb
Nay: None
Absent: Mayor Sevila
On motion of Mrs. Forester, seconded by Ms. Bange, the following resolutions were proposed
as consent items and unanimously adopted.
Minutes of August 13, 1991
91-170 - RESOLUTION - APPROVING A CONTRACT AMENDMENT WITH BCM ENGINEERS, INC.,
FOR ADDITIONAL ENGINEERING SERVICES RELATING TO THE
UPGRADE/EXPANSION OF THE POTOMAC RIVER WATER TREATMENT PLANT
WHEREAS, in March, 1988 the town entered into a cost plus fixed fee contract with BCM
Engineers, Inc., for engineering and design services relating to the expansion/upgrade of the 2.5 MGD
Potomac River Water Treatment Plant; and
WHEREAS, the high-rate pilot testing program conducted under the initial preliminary
engineering study phase of the contract identified several deficiencies in the plant's chemical and
physical processes required for expansion to 5.0 MGD; and
WHEREAS, the contract was amended in September, 1989 to address the out-of-scope work
items required as a result of the preliminary engineering study; and
WHEREAS, construction services required for the expansion/upgrade were completed July 2,
1991 requiring additional consulting engineering services as a result of the extended construction period;
and
WHEREAS, it has been determined that a final adjustment and compensation for engineering
services is deserved and appropriate:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is hereby authorized and directed to execute a contract amendment in the
amount of $34,852.00 to the engineering services contract with BCM Engineers, Inc., dated March 28,
1988 for the Potomac River Water Treatment Plant upgrade/expansion.
91-171 - RESOLUTION - AUTHORIZING THE INSTALLATION OF A PEDESTRIAN SIDEWALK ON
TOWN PROPERTY CONNECTING WIRT STREET WITH THE SOUTH TOWN
GREEN TO PROVIDE ACCESS TO THE DOWNTOWN PARKING FACILITY
WHEREAS, the Town Council has determined there to be a need for a pedestrian sidewalk
connecting Wirt Street with the South Town Green to provide access to the downtown parking facility;
and
WHEREAS, the town-owned property is available for the installation of said sidewalk; and
WHEREAS, town staff has determined that the total cost to construct the sidewalk will be
$3,5O0.O0.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the town
manager is authorized to proceed with the installation of a four foot wide walk on town property
adjacent to the Loudoun Museum and hereby appropriate $3,500.00 from the unappropriated fund
balance of the general fund and transfer said amount to contractual services account number
4301.300.010.200.
91-172 - RESOLUTION - ESTABLISHING PRO RATA FEES FOR CONNECTION TO
THE HOGBACK MOUNTAIN WATER STORAGE TANK
WHEREAS, Section 19-24 of the Town Code authorizes the town to collect pro rata fees for
town-constructed water conveyance facilities necessitated, at least in part~ by future subdivisions or
development of land; and
WHEREAS, the town has constructed a 2.0 million gallon water storage tank (standpipe) and
appurtenances in the Country Club Subdivision, off of Clagett Street, to serve the entire Western
Pressure Zone (WPZ) referred to as Hogback Mountain Water Storage Tank; and
WHEREAS, it has been determined that thirty-two percent of the cost of the installation of this
facility is for public benefit and sixty-eight percent is for the benefit of the land owners in the Western
Pressure Zone; and
WHEREAS, the final established price for all costs associated with the Hogback Mountain Water
Storage Tank project is $910,000.00.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Hogback Mountain Water Storage Tank pro rata facility charge is hereby
established for all properties shown on the attached Exhibits I and II as follows:
Residential (single family/duplex) = $190.37 per dwelling unit*
Residential (condo, townhouse) = $142.78 per dwelling unit*
*Not to exceed the total cost per acre assigned to property within the service area.
Office = $ 4.76 per 100-square feet of floor area
Retail/Commercial -- $ 14.28 per 100-square feet of floor area
Minutes of August 13, 1991
Day Care =
Church =
Library =
Nursing Home =
Industrial =
Restaurants =
Gas Station & Car Wash =
$ 4.76 per 100-square feet of floor area
$333.15 per gross acre
$333.15 per gross acre
$ 95.19 per bed
$ 4.76 per 100-square feet of floor area
$ 22.84 per 100-square feet of floor area
$ 47.59 per 100-gallons of estimated water
consumption
SECTION II. The fee as specified in Section I shall be paid prior to the issuance of a zoning
permit and concurrently with the payment of required availability fees for new connections or expanded
use of existing connections to the WPZ water system.
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 construction cost index
value at the time of Substantial Completion of the project from which the increase or decrease shall
be measured is 4606.
SECTION IV. The fees established herein shall run with the property and the Town Manager
shall maintain for public inspection a record of properties subject to these fees.
91-173 - RESOLUTION - AUTHORIZING THE TOWN ATTORNEY TO PURSUE NECESSARY
ACTION TO COMPEL PROPERTY OWNERS TO REMOVE FIRE DAMAGED
BUILDINGS
WHEREAS, the town has received several citizen complaints regarding the condition and
appearance of two fire damaged buildings; and
WHEREAS, fire damaged buildings at 116 East Market Street and 39 Sycolin Road constitute
an offensive appearance and detract from the quality of life in their neighborhoods; and
WHEREAS, the owners of the buildings have been contacted by town staff and have not taken
any action to remove the remains of the structures; and
WHEREAS, the town attorney has researched the problem and identified a potential solution
under Sections 15.1-14(5) and 15.1-867 of the 1950 Code of Virginia, as amended, and the Town
Charter; and
WHEREAS, Town Council authorization is required for further action.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town's legal staff is hereby authorized to institute the appropriate action to compel property
owners to remove fire damaged buildings that are considered offensive and a nuisance under the State
Code and Town Charter at the cost of the owner. The Council requests that the town manager advise
the property owners of this resolution.
91-174 - RESOLUTION - AUTHORIZING A LETTER AGREEMENT WITH ECHO (EVERY CITIZEN
HAS OPPORTUNITIES) TO RENEW THE LEASE FOR PARTIAL USE
OF THE TOWN OFFICE MAIL ROOM
WHEREAS, a lease between ECHO and the town was executed on April 1, 1991, to provide
ECHO a work room at the town's government center; and
WHEREAS, the initial term of the lease expired on June 30, 1991; and
WHEREAS, the lease requires a letter agreement between the parties to extend the lease for
a nine-month period; and
WHEREAS, the town currently contracts with ECHO for the distribution of the Lamplighter
and Leesburg at Leisure; and
WHEREAS, ECHO performs an important service for the community by integrating their clients
into the mainstream of regular business activities; and
WHEREAS, the town benefits from the proximity of a productive and inexpensive work force
plus a reduction in costs currently paid to ECHO.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager is directed to execute a letter agreement with ECHO (Every Citizen Has
Opportunities) to renew the lease for the partial use of the town office mail room for an additional nine
months ending March 31, 1992.
91-175 - RESOLUTION - SETTING A PUBLIC HEARING FOR THE IMPOSITION OF NEW WATER
AND SEWER FEES
Minutes of August 13, 1991
WHEREAS, on February 27, 1991, the town entered into a contract with the consulting firm
of Deloitte and Touche for the purpose of conducting a comprehensive water and wastewater cost of
service study and rate design for the town's utility system; and
WHEREAS, on August 6, 1991, the Council received a draft report of the utility rate study
conducted by Deloitte and Touche which recommends rate increases in water and sewer user fees,
availability fees and other utility system fees and charges beginning in fiscal year 1992 through 1996;
and
WHEREAS, in accordance with Virginia Code Section 15.1-29.14 before the fees recommended
in the Deloitte and Touche rate study can be implemented a public hearing must first be held; and
WHEREAS, September 10, 1991, at 7:30 P.M. in the Town Council chambers has been
designated as the date, time and place for such public hearing.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that a public
hearing will be held on September 10, 1991, at 7:30 P.M. in the Town Council chambers for the
purpose of hearing testimony on the report of the town's water and sewer rate study prepared by
Deloitte and Touche and the recommended user fee increases contained therein.
91-176 - RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS AT BEAUREGARD ESTATES PHASE I
WHEREAS, NP Corporation, the developer of Beauregard Estates Phase I, has completed the
public and bonded 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 irrevocable letter of credit from Signet Bank/Maryland in the amount of
$206,991.84 is released, and a new surety in a form approved by the town attorney for a maintenance
guarantee in the amount of $51,747.96 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 free of any liens or charges.
91-177 RESOLUTION - RELEASING THE PERFORMANCE GUARANTEE FOR
PUBLIC
IMPROVEMENTS AT THE PAXTON SECTION I SUBDMSION
WHEREAS, Brownell, Inc., the developer of Paxton Section I, has complied with the provisions
of the contract for installation of public improvements in the Paxton Section I Subdivision since the
invoice for $9,918.00 for street light installation has been paid.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The irrevocable letter of credit from Equitable Federal Savings Bank in the
amount of $52,000.00 is released, contingent upon the developer providing a new surety in a form
approved by the town attorney for a maintenance guarantee in the amount of $13,000.00, which shall
be in effect for the one year maintenance term.
SECTION II. This release is contingent upon delivery of a properly executed instrument
conveying unto the town all such improvements free of any liens or charges.
SECTION III. Sections I, III and IV of Resolution 91-145 are hereby rescinded.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Webb
Nay: None
Absent: Mayor Sevila
Mrs. Forester moved that item 10 (h) be deferred back to the Administration and Public Works
Committee of September 3, 1991, for further discussion.
On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and
adopted.
91-178 - RESOLUTION - AUTHORIZING THE REMOVAL OF FOUR METERED PARKING SPACES
ON MARKET AND LOUDOUN STREETS
WHEREAS, on July 23, 1991, the Town Council adopted Ordinance No. 91-0-29 which amended
the Town Code to allow for the removal of metered parking spaces on Loudoun and Market Streets;
and
WHEREAS, it was requested that town staff prepare legislation to specify which spaces to be
removed; and
Minutes of August 13, 1991
WHEREAS, the spaces were removed to improve sight distance at the parking facility exits.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The July 26, 1991, removal of the following metered parking spaces is hereby authorized:
o One space on each side of the West Market Street exit from the parking facility;
o One space immediately east of the alley on West Loudoun Street; and
o One space immediately east of Wirt Street on West Loudoun Street.
Aye: Councilmembers Bange, Clem, Forester, Lovin and Webb
Nay: Councilmember Kimball
Absent: Mayor Sevila
Mr. Shoemaker addressed the Council with regard to item 10 (1). He stated that the town's
deputy attorney has reviewed the proposed contract agreement. There is language in the agreement
that needs some clarification and there are some omissions that need to be addressed. Council will be
approving the agreement subject to approval by the Deputy Town Attorney. The agreement is a three-
party agreement between the Town of Leesburg, the owner of Patowmack Power Partners and a
contractor that will remove the septage from the site. The town is essentially agreeing to provide a
place for the treatment of the wastewater generated from this site.
Mr. Lovin asked if the County has held a public hearing on this application and has the
application been approved? Mr. Shoemaker stated that it is his understanding that the application has
been approved.
Mrs. Forester asked what happened to the Council's review of the environmental impacts of this
facility? Have we lost our opportunity to discuss these issues? Mr. Brown stated that he was not sure
but would follow up to see if there is any additional opportunity. He stated that he understands that
the application has been approved but the town does not have any verification of that yet. The
environmental concerns of the Council will be answered one way or the other in some form or fashion.
Mrs. Forester stated that she would vote against this resolution because there were some outstanding
issues that she would like information on before she would support pumping and hauling from a site
that she is not sure she supports.
On motion of Mr. Kimball, seconded by Mrs. Forester, this item was referred back to the
September 3, 1991, Administration and Public Works Committee for further discussion and
consideration.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Webb
Nay: None
Absent: Mayor Sevila
On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and
adopted.
91-179
RESOLUTION REQUESTING THAT THE VIRGINIA DEPARTMENT OF
TRANSPORTATION ACQUIRE THE NECESSARY RIGHT-OF-WAY FROM THE KRB
WAREHOUSE PROPERTY FOR THE PLAZA STREET EXTENSION PROJECT
WHEREAS, the Town Council of the Town of Leesburg has requested the Plaza Street
Extension Project be constructed by the Virginia Department of Transportation (VDOT) as part of the
Six-Year Improvement Program; and
WHEREAS, the Plaza Street Extension Project is included in the VDOT Six-Year Improvement
Program and identified as Urban System Project U000-253-102, PE-101; and
WHEREAS, a pop'don of the KRB Warehouse property is needed as right-of-way for the Plaza
Street Extension Project; and
WHEREAS, under the terms of an agreement between the town and the owners of the KRB
Warehouse Property, the right-of-way for the Plaza Street extension must be acquired by September
25, 1991 or the town will pay a penalty of $5,000.00 to the property owners; and
WHEREAS, Section 33.1-89 of the Code of virginia authorizes the Virginia Department of
Transportation to acquire rights-of-way for projects which are to be constructed if requested by the
municipality concerned; and
WHEREAS, VDOT's current schedule will not fulfill the town's commitment to acquire the
right-of-way reserved within the KRB site prior to September 25, 1991.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town of Leesburg hereby requests that the Virginia Department of
Transportation acquire, before September 25, 1991, the necessary right-of-way within the KRB
Warehouse Property for the Plaza Street Extension Project U000-253-102, RW-201 within the corporate
Minutes of August 13, 1991
limits of the town and to convey the title to such fight-of-way to the town. The town agrees to
reimburse the Department of Transportation for two percent (2%) of all costs incurred in the acquisition
and conveyance of such right-of-way, and it is understood that such acquisitions will be handled by the
Commissioner under established policies and procedures and his decision in all instances shall be final.
SECTION II. The Town Manager is hereby authorized to execute, on behalf of the Town of
Leesburg, all necessary utility agreements required in conjunction with acquiring such right-of-way.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Webb
Nay: None
Absent: Mayor Sevila
On motion of Mrs. Forester, seconded by Mr. Webb, the following resolution was proposed and
unanimously adopted.
91-180 - RESOLUTION - DEDICATING THE IDA LEE PARK FARMHOUSE IN MEMORY OF
WILLIAM F. RUST, JR.
WHEREAS, Mr. and Mrs. William F. Rust, Jr., donated to the Town of Leesburg 138 acres of
land in 1986 for perpetual use as a park; and
WHEREAS, Mr. Rust requested the park be named in memory of his deceased grandmother,
Ida Lee; and
WHEREAS, Mr. Rust donated to the Town of Leesburg $50,000 in 1991 for the construction
of a picnic pavilion and playground; and
WHEREAS, Mr. Rust requested the picnic pavilion be named in memory of his deceased
brother-in-law, William "Billy" Cox; and
WHEREAS, Mr. Rust's generosity and kindness has benefited the citizens of Leesburg and the
surrounding area through Ida Lee Park; and
WHEREAS, it is appropriate that a facility within Ida Lee Park be named in memory of Mr.
William F. Rust, Jr.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Ida Lee Park farmhouse which serves as offices for the Parks and Recreation Department
is hereby named "The William F. Rust, Jr., Parks and Recreation Administration Building."
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Webb
Nay: None
Absent: Mayor Sevila
On motion of Mr. Kimball, seconded by Mrs. Forester, the following resolution was proposed
and unanimously adopted.
91-181 - RESOLUTION - AUTHORIZING A STREET RESURFACING PLAN FOR FY 92
WHEREAS, the FY 92 budget appropriated $100,000 for street resurfacing; and
WHEREAS, the Director of Engineering and Public Works has recommended specific streets
to be resurfaced in a memorandum dated August 1, 1991; and
WHEREAS, this memorandum was modified to add Ward Circle and Rollins Place as priority
numbers 12 and 13.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The street resurfacing program outlined in the attached modified memorandum to the Council
dated August 1, 1991 in the priority listed is approved.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Webb
Nay: None
Absent: Mayor Sevila
On motion of, and duly seconded, the meeting was adjourned at 10:00 p.m.
James E. Clem, Vice-Mayor
Barbara Marldand, Clerk of Council