HomeMy Public PortalAbout1991_10_09MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL
OCTOBER 9, 1991
A regular meeting of the Leesburg Town Council was held in the Council Chambers, 25 West Market
Street. Leesburg, Virginia on Wednesday, October 9, 1991 at 7:30 p.m. The meeting was called to order
by the Mayor.
INVOCATION given by Councilmember Donald A. Kimball.
SALUTE TO THE FLAG led by Town Manager Steven C. Brown
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:
Town Manager Steven C. Brown
Assistant Town Manager for Economic Development and
Administration Peter Stephenson
Director of Planning, Zoning and Development Michael Tompkins
Director of Finance Paul E. York
Director of Engineering and Public Works Thomas A. Mason
Director of Parks and Recreation Gary Huff
Director of Utilities Randolph W. Shoemaker
Planner I Gene Arner
Chief of Plan Review Paul Gauthier
Public Information Officer Susan Farmer
Deputy Town Attorney Deborah Welsh
Clerk of Council Barbara Markland
PETITIONERS
1. Mr. Stephen Rigelsk¥ Executive Vice President of Amurcon Corporation of Virginia, addressed
the Council with regard to the sewer and water availability fees. Mr. Rigelsky read a letter dated
October 7, 1991. His letter is attached and made a part of the minutes.
He stated that Amurcon feels they should pay the fair share for apartments based on
consumption. If the proposed availability fee, based on the per gallon consumption, was applied against
the actual consumption number of 123 gallons, the combined sewer and water availability fee would
be $2,097.00.
Mayor Sevila referred to Mr. Rigelsky's chart in his letter and asked if Amurcon used the
occupancy rates against consumption to determine usage per unit. Mr. Rigelsky stated yes.
Councilmember Kimball asked if staff looked into the possibility of the extra tier. Mr. Brown
stated yes, included in the Council's packet are two-tiers.
Mr. Shoemaker stated that staff did look at the consumption figures for apartments, however,
in considering a tiered structure there are numerous other considerations then just the actual
consumption per unit. For example, fire flow requirements for single-family versus apartments. Staff
felt that a two-tiered approach would be much simpler then a complex schedule such as the sanitation
authority's.
2. Mr. Mark D. Simms representing Trafalgar House - landowners within the Town of Leesburg,
addressed the Council with regard to agenda item 9.(f) and referred to a letter from Trafalgar House,
dated October 8, 1991 which addresses the issue of concern. This letter is attached and made a pa~
of the minutes.
He stated that the Trafalgar House property in Leesburg is known as Greenway Farm located
on Route 15 south. He stated that the capital improvement project that is being deferred in the
proposed legislation will have a direct impact on the Greenway Farm development. We are asking for
adequate consideration be given to all of the impacts of deferring those capital improvements. Any
delay may delay this project more then one year. There are substantial benefits to be gained by the
Town of Leesburg if this project is allowed to proceed. Mr. Simms asked that the town consider doing,
Minutes of October 9, 1991
as a minimum, those portions of the improvements which will allow development of the Greenway
Farm property. Mr. Simms also asked the Council to direct the staff to consider allowing Trafalgar
House to use interim flows. There are a number of conditions which dictate whether interim flows for
fire flow purposes are allowed. This will, in part~ be dependent on what schedule the town intends to
proceed with on the water main.
Mr. Clem asked Mr. Simms if his timetable for construction is accurate. Mr. Simms stated that
it is their intent to commence construction on the property at the earliest possible time once all of the
plans have been approved.
Mr. Clem noted that the first construction was planned for 1993. Mr. Simms stated that there
was a substantial amount of land development activity with this project. One of which being a regional
pond on the property which needs to be in place in order to deliver lots. A lot of up-front work must
be done. The way the approval conditions are stated we will not be permitted to receive plan approval
until such time as the water main extension is a viable thing.
3. Mr. Dave Daugherty President of the Loudoun County Transportation Association, addressed
the Council extendi:~ ~.~' his appreciation for the Council support of this organization and presented a brief
report on the organization's progress.
4. Mr. Randy Minchew of Hazel and Thomas Attorneys and representing First Potomac
Development Corporation, addressed the Council with regard to agenda item 9.(b). He stated
that at 4:00 p.m., this afternoon he received a letter from Mr. Edward Taylor, President of CBRE
Holding, Inc., owner of the Lee Center property. The letter states that the Leesburg Auto Park proffers
have met with their approval. This letter is attached and made a part of the minutes.
He stated that he is pleased to present proffers on the Leesburg Auto Park application which
meet the approval of all parties concerned.
5. Mr. Eric Zicht a businessman in the Town of Leesburg, addressed the Council with regard to
the proposed water and sewer rates. He expressed disappointment in the way this is heading. No one
is questioning the need to raise rates to some degree, however, there has not been any movement to
look at the spending side of this equation. We seem to be jumping too quickly to raising the rates.
There are no real spending cuts proposed at this time only deferrals of capital improvement projects.
Leesburg's system is very expensive. He based his findings on several reports from the September 1991
Virginia Water Resources Research Center. The article is about water sewage treatment plants and
according to the article for its class - i to 2 million gallons per day of treatment, Leesburg's rates will
be about 3 times the average in the state of Virginia. Another report prepared by the State Health
Department (Report of the Task Force on Septic Regulations prepared by the Institute for
Environmental Negotiations University of Virginia) states "for comparative purposes the cost of being
connected to a centralized sewer system in Virginia in 1990 range from $40.00 to $3,200.00 with a
median of $450.00." Mr. Zicht suggested that the Council look at these reports and look into some
spending reductions before putting this burden on water and sewer customers and setting a bad
precedent going into the budget of just raising taxes.
COUNCILMEMBER COMMENTS
Councilmember Webb no comment.
Councilmember Lovin stated that he attended the 82nd Annual Virginia Municipal League Conference
in Roanoke, Virginia. At this conference he had the opportunity to hear Lieutenant Governor Beyer
and the Secretary of Transportation. It was very interesting talking with elected officials of towns and
cities in Virginia.
Councilmember Clem thanked Mr. Brown and Mr. Mason for the Activity Report.
Councilmember Kimball no comment.
Councilmember Forester wished to congratulate the winners of the Meadow Muffin Contest and the
Homecoming Queen Ms. Kim Kozikowski.
Mrs. Forester also attended the VML conference and stated that it is always good to get together
other elected officials. She stated that she was seated next to the Mayor of Victoria, Virginia who
her that Victoria has one of the lowest tax rates in the state of Virginia. His town has a populau,,~
of under 2000 citizens and the tax rate is .17 cents.
Councilmember Bange stated that she attended the Parks and Recreation Advisory Commission meeti n g.
The commission has as a top priority to move Ida Lee Park forward. They are continuing to encourage
memberships, class enrollment and donations. Much new equipment has been purchased this year h'om
the revenue fees of classes held at Ida Lee.
The commission has also instigated an Adopt-A-Park program.
She was very pleased to attend the Economic Development Advisory Commission meeting. The
commission is looking forward to an expanded commission and is trying to get Leesburg designated as
a certified business community.
Minutes of October 9, 1991
MANAGER'S REPORT
Mr. Brown noted that the Council did receive a copy of the written Activity Report and reported on
several items.
Clerk of Council, Barbara Markland, attended the Annual Municipal Clerk's Institute
and is now eligible to apply for certification as a Certified Municipal
Clerk.
The vo tech's project in Potomac Crossing is underway which the
Council assisted with by waiving the availability fees.
Congratulations to the Council and Engineering and Public Works
Department for completing the storm drainage project on Loudoun
Street.
4. Planner Kristie Lalire gave birth on September 26, to a son.
LEGISLATION
9.(a)
Mr. Brown stated that this legislation is required to increase the rates for water and sewer availability
fees and user fees within the Town of Leesburg. He then reviewed the proposed ordinance. He stated
that a public hearing was held and there have been a number of committee meetings and a special
meeting was also held on this issue.
Mayor Sevila stated that in the past the rates have been based on a residential use and asked what the
estimate for residential use was in the past?
Mr. Shoemaker stated that the basis for water and sewer consumption used, prior to this proposed
legislation, for sewer on a single-family unit was 363 gallons per day (gpd). Our adjusted basis is 350
gpd. For water for a single-family residential connection was 580 gpd. He stated that he cannot
explain the discrepancy but this was brought in line with the sewer to 350 gpd which is consistent
with other jurisdictions in Northern Virginia (Prince William, Loudoun County and Faiffax).
Mayor Sevila noted that Mr. Rigelsky has proposed a multi-tiered rate that would separate single-
family, townhouse, multi-family and condominiums. He asked if there was any practical justification
for attempting that approach.
Mr. Shoemaker stated that a recommendation from the town's financial consultants did not recommend
a tiered structure. It was only after Council's deliberations and request for an alternative that a two-
tiered structure was proposed. The consultants felt that the town's utility fund could remain solvent
in a two-tiered structure of that magnitude. If there was further deviation from their financial model,
the impact is not known.
Mr. Webb asked what the proposed percent increase is for tap fees and user fees.
Mr. Shoemaker stated that the proposed increase for multi-family is 37 percent and a 71 percent
increase for single-family. A 35 percent increase is proposed for every connection on the water and
sewer user fee.
MOTION:
On motion of Mr. Kimball, seconded by Mr. Lovin, the following ordinance was proposed and
adopted.
91-0-46 - ORDINANCE - AMENDING CHAPTER 15, ARTICLES I AND III AND CHAPTER 19,
ARTICLES II AND III OF THE TOWN CODE TO INCREASE UTILITY FEES
WHEREAS, on February 27, 1991, the town entered into a contract with the consulting firm
of Deloitte & Touche for the purpose of conducting a comprehensive water and wastewater cost of
service and rate design study of the town's utility system; and
WHEREAS, a copy of their cost of service and rate design study was presented to the Council
with recommended rates for 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 the Code of Virginia, Section 15.1-29.14, a public hearing was
held on September 10, 1991, at 7:30 P.M. in the Town Council Chambers for the purpose of
considering the rates and fees recommended; and
WHEREAS, in response to the public concerns expressed at the September 10, 1991, public
hearing, alternative rates were prepared and presented to Council on September 17, 1991, for additional
consideration; and
Minutes of October 9, 1991
WHEREAS, the Council has decided that Alternative III of the Deloitte & Touche prepared
alternative rates is most feasible for the town; and
WHEREAS, the recommended rates and fees are necessary to fund the town's utility system
and meet the costs of its operating expenses, debt service and capital projects throughout this period:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Chapter 15, Articles I and II of the Town Code, is hereby amended as follows:
Sec. 15-12.
(1)
Fee for sewer connection-within corporate limits.
The fee for a four-inch diameter connection within the town where the town
provides all materials, equipment and labor for installation of a sewer connection
shall be $799.99 $1,300.00.
(2)
The fee for a four-inch or greater diameter connection within the town where
a developer or subdivider provides all materials, equipment and labor for
installation of a sewer connection shall be $50.00.
Sec. 15-14. Availability charge for sewer service.
(e) The fees provided in this section shall be reduced by $2,949.99 $3,555.00 for lots
of record for which a connection fee was paid prior to June 10, 1970.
(fl Sewer service availability fees for residential uses shall be as follows:
Discharge Facili .ty Fee
~::~ bedroom, Multi-family dwelling~ townhouse
-'"*~"+ ~' ...... + or mobile home,
per unit
$2,9~.9.99 $2,845.00
de~ched dwelling, each or ~o-family a~ched
(duplex), per unit ~2 9~9.99
$2,040.99 $3~579.~
(g) Sewer service availability fees for non-residential uses shall be $2,9~.0.09
$3,555.00 or more, depending on the estimated sewage flow and required treatment characteristics
from the user as compared to the sewage flow and required treatment characteristics from the average
single- family dwelling. Fees shall be calculated as follows:
All non-industrial uses: mo~_,~a~a.~.~an $3,555.00 or m~.~.~. ~ $10.15 per gallon per day
of the estimated sewage flow from the user, whichever is greater.
All industrial uses: the greater~_~r --,~m° n~a_~.~oh $3,555.00 or ~.~-mr a~ $10.15 per gallon
per day of the estimated sewage flow from the user, plus an additional charge in proportion to the
excess biochemical oxygen demand, suspended solids or other pollutant discharge of the user above the
average pollutant discharge of residential users on the system.
Sec. 15-57. Charge where connection made to both water and sewer system.
Where connection has been made to both the town water and sewer system, the charge
for use of the sewer system shall be based on time and quarterly water meter readings taken to the
nearest 1,000 gallons as follows: for premises inside the town, the rate shall be $1.59 $2.25 per
quarter plus ~ $2.57 per 1,000 gallons.
Sec. 15-58. Charge where connection made to sewer system only-generally.
Where connection has been made to the town sewer system only, the charge for use of
the sewer system shall be as follows: for premises inside the town, the charge shall be $~5.00 $2.25
plus $80.95 per quarter.
Sec. 15-62. Deposit for new accounts.
(a) The treasurer shall require of all new sewer accounts that serve residences,
small commercial users and heavy, commercial users a cash deposit as follows:
For residences and small commercial users, if the property is located within the
municipal limits $60.00.
Minutes of October 9, 1991
For heavy, commercial users, the deposit shall be 200 percent of estimated
quarterly usage times the commercial rate per 1,000 gallons for sewer use.
(b) The deposit will be refunded, without interest, when service has been
discontinued, after deducting any charges due on final settlement of the customer's account.
Sec. 15-63. Service charge for new accounts.
A service charge of $10.00 shall be made for all new sewer accounts.
SECTION II. Chapter 19, Articles II and III of the Town Code, is amended as follows:
Sec. 19-21. Connection fee-within corporate limits.
(1)
The fee for a three-quarter-inch diameter connection within the town where the
town provides all materials, equipment and labor for installation of a water
connection shall be $799.99 $1,300.00.
(2)
The fee for a three-quarter-inch diameter connection within the town where a
developer or subdivider provides all materials except the meter, meter box, lid
and setting, all equipment and labor for installation of a water connection shall
be $159.99 $180.00.
The fee for any connection larger than three-quarter-inch diameter inside the
town where a developer or subdivider provides all materials except the meter,
meter box, lid and setting shall be $50.00 plus the cost of all materials.
(44(5) Connection permit fees shall be paid prior to the issuance of a zoning permit.
Sec. 19-23. Availability charges for water service.
(e) The fees provided in this section shall be reduced by $1,459.99 $2,415.00 for lots of
record for which a connection fee was paid prior to June 10, 1970.
(fl Water system availability fees 'for residential uses shall be as follows:
Use Fee
T'::c bcn_rc~.'r.., Multi-family dwelling, ~ townhouse
.,~+~,,+ ~, ...... "' '-'"~ or mobile home, per unit
~'~ Arn nn $1
~-, ...... ,935.00
detached dwelling~ or B~ro-family a~mched (duplex),
per unit
$2,415.00
$1,450.00
(g) Water service availability fees for non-residential uses shall be~.,c~ Arn. vv.wnn $2,415.00 or
more, depending on the estimated water flow to the user as compared to the water flow to the average
single-family dwelling. Fees shall be calculated as follows:
All other uses:~_,~ ~r.~._v.~r~ $2,415.00 or co._.~rn $6.90 per gallon per day of the estimated water
flow to the user, whichever is greater.
ARTICLE III. WATERWORKS USE AND SERVICE CHARGES
Sec. 19-43. Deposit for new accounts.
(1) For residences and small commercial uses, if the property is located within the
municipal limits, th'.'..~:y ($~9.99) fifty ($50.00) dollars.
Sec. 19-45. Rates established.
The charge for use of water from the town water system shall be based on quarterly
meter readings taken to the nearest 1,000 gallons at the following rates: for premises inside the town,
the rate shall be $1.59 $2.25 per quarter, plus $1.55 $2.13 per 1,000 gallons.
Sec. 19-47. Rate for water drawn at public meter.
The charge for each purchase of water drawn at the public meter ~.nsfde the town at
the water treatment plant shall be $3.00 plus $2.~r~J $3.00 per 1,000 gallons for all water drawn.
Minutes of October 9, 1991
Sec. 19-53. When due and payable; notice, late payment penalty and second billing
to delinquent accounts; discontinuance of service to delinquent accounts.
Water bills are due and payable within 30 days from the date of billing. Any billing that
remains unpaid after 30 days is subject to a 10 percent late payment penal .t¥ which amount will be
added to the total amount due and payable. A final notice shall be mailed, together with a second
billing, which will include the late payment penalty at the end of 30 days from the date of billing, and
water service will be discontinued if not paid in full within ten days from the date of such notice.
When service is so discontinued, a fee for the resumption of service, in the amount of $5.99 $20.00,
shall be charged.
Sec. 19-63. Denial or discontinuance of service.
Water service to a consumer shall be denied or discontinued upon continuation of any violation
beyond the time limit provided in the notice given pursuant Section 19-62. When service is so
discontinued, a fee for this resumption of service, after correction of said violation, in the amount of
$19.90 $20.00, shall be charged.
SECTION III. This ordinance shall be in effect upon its passage.
DISCUSSION:
Mr. Webb stated that there are a lot of citizens and businesses that cannot afford this increase. Under
the present economic conditions a $35.00 or $40.00 increase is a lot for some people. He stated that
he would not support a 35 percent increase.
Mr. Lovin stated that he will vote for the increase. A 35 percent increase will take the fund's financial
condition out of a deficit. Anyone who lives east and west of the bypass will pay higher rates than
what is being proposed. Those individuals on fixed incomes are eligible to apply for tax relief which
allows for a 25 percent discount on water and sewer bills. A 35 percent increase is unpleasant but it
is justified.
Mr. Clem stated that no one wants to support a rate increase, however, we must do it. We should also
keep in mind that we can come down on this rate as things become favorable in time. He expressed
concern with the availability fees and stated that he would like to see staff re-visit this issue in terms
of setting up a multi-tiered program and lowering the fees.
Mr. Kimball
assessment.
services. He
agreed with Mr. Clem. He asked staff to look into a third tier and do an impact
He also shared Mr. Webb's concerns and the concern of financing the town's central
stated that he is prepared to support the increase.
Mrs. Forester echoed Mr. Kimball's and Mr. Lovin's comments. She stated that no one looks forward
to this increase. It has been a very difficult issue for everyone. This Council took a stand a few
months ago to scale down the proposed expansion of the wastewater treatment plant. She will
reluctantly support the increase.
Ms. Bange also echoed her fellow councilmembers. She stated that she is not happy with any increase.
We must prevent ourselves from finding ourselves in this predicament again. We need to look at our
budget, our funding and spending right away.
Mayor Sevila stated that the Council is always reluctant to increase any fees in our community. This
proposed user fee is substantially reduced from the first schedule of 50 percent down to 35 percent.
This is the most that we can reduce these fees and continue to operate these essential funds with the
required positive balance. Not only would it be impractical to legislate a negative balance in any of our
funds - it would be unlawful to do so. We are compelled to do this. With the same reluctance and
regret I will support the increase.
Mayor Sevila asked staff to look into the feasibility of going to a multi-tiered structure. What ever
system and rates we adopt for users and for availability it must be uniform and fair and must stand
up to the kind of challenge presented by Mr. Rigelsky.
Mr. Webb stated that there are a lot of citizens in Leesburg who are retirees. Most of them have not
received an increase in their retirement benefits in several years. He asked where the additional
money is going to come from for these individuals to support this 35 percent increase.
Mr. Brown encouraged the citizens of the town to take advantage of the tax relief for the elderly and
handicapped program. Those individuals should contact our finance department to determine eligibility.
Mr. York addressed the Council further explaining the tax relief program and encouraged everyone who
may be eligible to contact the finance department.
VOTE:
The ordinance was adopted by a roll call vote of 6-1.
Nay:
Councilmembers Bange, Clem, Forester, Kimball, Lovin and Mayor Sevila
Councilmember Webb
9. (b)
Minutes of October 9, 1991
Planner II, Sally Vecchio addressed the Council presenting a staff report on the following proposed
legislation.
She stated that ail of the application requirements have been met by the applicant including signed and
notarized proffers.
She explained that the Council has two ordinances for consideration one specifically deals with proffer
number 13 which is relative to the timing of the closure of Keystone Boulevard. Per the Planning and
Zoning Committee's direction staff met with property owners of Lee Center and the auto park in an
attempt to develop a phasing plan for the closure of Keystone that would be not only consistent with
Town Plan policies but also with the previously approved development conditions on the Lee Center
property.
The difference between proposed legislation Alternative A and Alternative B is how we phase the
closure of Keystone Boulevard. Alternative B, proffer 13 states "the Keystone Drive/Route 7
Intersection is subject to elimination by the Town and/or VDOT as such time as alternative access to
the subject property from Route 7 is provided by other."
Substitute Alternative A states" Keystone Drive/Route 7 Intersection may not be eliminated until such
time as others complete construction of the Route 7/Battlefield Parkway at-grade intersection or grade
separated interchange and complete construction of the Route 7/Route 653 at-grade or grade-separated
interchange with Russell Branch Parkway providing access between east Battlefield Parkway and Route
653 ..... Within 60 days of those improvements a traffic study may be provided by others. If the
traffic study demonstrates unacceptable levels of service then Keystone may not be closed ....
Notwithstanding the above, Keystone Drive will be eliminated upon the completion of the construction
of the east Battlefield grade-separated interchange."
Relative to all of the other proffers, staff is satisfied that they meet the town's standard requirements.
This is a rezoning request from an I-1 Industrial Park zoning district to a B-3 Commercial Retail
Center district on 20 acres bounded by Route 7, Keystone Drive and the wastewater treatment plant
to allow~ by special exception, up to 100,000 square feet of vehicle sales development on this site. The
applicant has also concurrently filed the special exception request to allow 100,000 square feet of vehicle
sales and secondary uses on the site which is also before the Council for consideration tonight.
With this rezoning, the applicant has provided a proffer package including transportation improvements,
offsite and on-site, a contribution of 7 acres for the expansion of the wastewater treatment plant, and
contributions to the fire and rescue facility.
This application does not meet the Town Plan criteria for planned employment. That concern has been
echoed by the Planning Commission who recommended denial of the application and by the AADP
Joint Policy Review Committee who also recommended denial of the application based on
inconsistencies with the AADP's. Staff recommends denial based on the inconsistency of this
application with the Town Plan. If the Council recommends approval, staff recommends that Substitute
Alternative A be the alternative considered.
MOTION:
Mr. Webb made the motion to approve the rezoning application, Substitute Alternative A and
the special exception application, the motion was seconded by Mr. Clem.
91-0-47 - ORDINANCE - APPROVING THE REZONING APPLICATION AND AMENDING THE
ZONING DISTRICT MAP AND TOWN PLAN LAND USE POLICY MAP FOR #ZM-129 FOR
LEESBURG AUTO PARK BY FIRST POTOMAC DEVELOPMENT CORPORATION
WHEREAS, On December 12, 1990, the Town Council received and referred to the Planning
Commission an application for rezoning a 20.7-acre parcel of land located south of Route 7 and west
of Keystone Boulevard from I-1 to a B-3 Community/Retail Commercial zoning district; and
WHEREAS, the applicable section of the Town Plan Land Use Policy Map recommends this
property for development of planned employment uses; and
WHEREAS, on February 7, 1991, the Planning Commission held a public hearing to consider
this application with proffers to allow only vehicle sales and/or rental facilities by special exception; and
WHEREAS, on May 9, 1991, following an extension of time requested by the applicant, the
Planning Commission recommended denial of this application for non-conformance with the Town Plan
Land Use Policy Map and the Annexation Area Development Policies; and
WHEREAS, on July 23, 1991, the Town Council held a public hearing to consider this rezoning
application; and
WHEREAS, on September 26, 1991, the Joint Policy Review Committee supported the Planning
Commission's recommendation and further recommended to Council denial of this application based on
non-conformance with the Annexation Area Development Policies land use policies along Route 7 which
recommend planned employment uses for this property; and
WHEREAS, the Town Council believes that the Town Plan goals and objectives can be better
served by amending the Land Use Policy Map to illustrate this 20-acre parcel as a corridor commercial
use; and
Minutes of October 9, 1991
WHEREAS, the proposed B-3 zoning district is consistent with the Corridor Commercial land
use policies of the Town Plan; and
WHEREAS, this rezoning request is in the interest of the public necessity, convenience, and
general welfare and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Rezoning application #ZM-129 Leesburg Auto Park by First Potomac
Development Corporation is hereby approved and the Town Plan Land Use Policy Map is amended to
illustrate this parcel as a Corridor Commercial. The Leesburg Zoning District Map is hereby amended
from I-1 Industrial Research Park to B-3 Community Retail District subject to the following proffers
dated , 1991 and in accordance with the provisions of Section 15.1--491(a) of the 1950 Code of
Virginia, as amended, for the 20.7 acres identified as Loudoun County Tax Map Parcel 49((5))-A:
Development of the Subject Property shall be in substantial conformance with the Rezoning
Concept Plan prepared by Patton, Harris, Rust & Associates (PHR&A) and dated November,
1990, as revised October 3, 1991, subject to minor engineering changes and adjustment as
warranted during the development plan approval process.
The record owner of the subject property or its successors-in-interest shall dedicate in fee
simple to the Town of Leesburg approximately 7.0 acres of land adjacent to the existing
Leesburg Sewage Treatment Plant~ as may be adjusted to accommodate for Russell Branch
Parkway, on lands not included within the Subject Property but owned by Leegate Corporation,
N.V., as illustrated in the Rezoning Concept Plan. Dedication free and clear of all liens, shall
take place within 60 days of final rezoning approval subsequent to a determination that no
appeals have been filed contesting the validity of the Leesburg Auto Park rezoning.
o
Use of the Subject Property shall be confined to vehicle sales and/or rental facilities (only as
may be accessory to the principal vehicles sales uses) as allowed pursuant to a special exception
under Section 4C-3(4)(d) of the Zoning Ordinance of the Town of Leesburg in Virginia (1990).
The Applicant has applied for such a special exception and is seeking approval of this special
exception concurrent with the conditional rezoning approval sought herein and understands that
approval of this rezoning is not contingent upon approval of the special exception. None of the
land uses allowed by-right in the B-3 zoning district, itemized as Permitted Uses in Section 4C-
2 of the Zoning Ordinance of the Town of Leesburg in Virginia (1990), shall be allowed on the
Subject Property unless a proffer condition amendment to these proffers is granted by the Town
Council.
The record owner of the Subject Property or its successors-in-interest shall reserve for future
conveyance, grading easements and permanent slope easements in and on approximately 1.68
acres of land located along the western boundary of the Subject Property for use by the
Town, the Virginia Department of Transportation CVDOT"), or others in conjunction
with the future construction of the southeastern quadrant of the Route 7-East Battlefield
Parkway Interchange by the Town, VDOT, or others. This approximately 1.68-acre
reservation area is shown shaded on the Rezoning Concept Plan and shall conform with
the general limits of the construction shown on the Patton, Harris, Rust & Associates
"Leegate North Preliminary Plans" for the East Battlefield Parkway/Route 7 Interchange,
dated June, 1990. This reservation for future conveyance shall be accomplished by
execution and recordation of a Deed of Reservation at no cost to the Town and without
monetary compensation to the record owner of the Subject Property or its successors-
in-interest. This Deed of Reservation shall be executed and recorded prior to approval
of the first final development plan or first record plat for any portion of the Subject
Property, which ever event may occur first. This Deed of Reservation shall, but its
terms, exclude and prohibit the construction of any permanent structures within the
1.68-acre reserved area and shall state that conveyance of grading easements and
permanent slope easements, by the record owner of the Subject Property or its
successors-in-interest, in and on the aforesaid 1.68 acres shall take place not later than
sixty (60) days after receipt by the Town of written notification by VDOT that VDOT
has approved final design plans for the aforesaid East Battlefield Parkway/Route 7
Interchange requiring grading easements and permanent slope easements in and on the
1.68-acre reserved area.
The Applicant and the record owner of the Subject Property or its successors-in-interest
acknowledge that the final exact alignment and engineering plans of the East Battlefield
Parkway/Route 7 Interchange has not yet been approved by the Town of Leesburg or VDOT.
In order to provide design flexibility to accommodate the future approval of the aforementioned
final exact alignment and engineering plans and ultimate construction of the interchange by
others, the Applicant and the record owner of the Subject Property or its successors-in-interest
agree to cooperate with the Town during the development of the Subject Property and to
dedicate fee simple right-of-way and/or easement interests, at no cost to the Town, on the
Subject Property, as may be appropriate, provided that such dedication does not materially alter
their ability to develop the Subject Property in substantial conformance with the Rezoning
Concept Plan as determined by the Town Zoning Administrator. The Applicant and the record
owner of the Subject Property or its successors-in-interest further acknowledge that the
movement and/or relocation of proposed buildings or parking areas may be necessitated due to
the ultimate approved alignment of the East Battlefield Parkway/Route 7 Interchange.
Furthermore, the Applicant and the record owner of the Subject Property or its successors-in-
interest acknowledge that the proffered Rezoning Concept Plan does not constitute an approved
Minutes of October 9, 1991
development plan and that the precise location and design of the interchange will not be
determined until approval of the final development plan for the Leesburg Auto Park. In this
regard, the record owner of the Subject Property or its successors-in-interest shall provide to
the Town a preliminary interchange design plan package concurrent with the submission of the
first record plat or first final development plan, whichever submission occurs first.
The record owner of the Subject Property or its successors-in-interest shall construct the
following improvements to the intersection of Keystone Drive and Route 7 as generally depicted
on the Patton, Harris, Rust & Associates "Leesburg Auto Park Anticipated Route 7
Improvements," Concept Plan dated January 28, 1991, to achieve Level of Service (LOS) D or
better conditions on all approaches and including.
Lengthen the existing Route 7 westbound left.turn lane.
Construct a Route 7 eastbound third lane adjacent to the Subject Property.
Construct a Route 7 eastbound third lane in the existing right-of-way next to the Lee
Center property (Loudoun Tax Map Parcel 49-23A) for an effective six-lane section.
This commitment shall not be construed to be an obligation to construct full-frontage
improvements along the Lee Center Route 7 frontage.
Do
Construct a Route 7 westbound third lane in the existing right-of-way next to the Twin
Lakes (Loudoun County Tax Map Parcel 49-27A), Heider, and Cassidy (Loudoun County
Tax Map Parcel 49-27C) properties.
All intersection improvements will be built to the Town of Leesburg and VDOT standards with
required turn lanes.
All road improvements listed as Items A-D above shall be designed and bonded concurrent with
approval of the first final development plan or first record plat, whichever occurs first, and shall
be constructed and completed with the first phase of development.
If the road improvements listed as Item A above are constructed or bonded by others prior to
approval of the first final development plan or first record plat, whichever occurs first, the
record owner of the Subject Property or its successors-in-interest, in lieu of providing the road
· improvements listed as Item A above, shall design and construct a second westbound Route 7
left turn to allow for double left turns at the median crossover to southbound Keystone Drive.
If the road improvements listed as Items C and D above are constructed or bonded by others
prior to approval of the first final development plan or first record plat, whichever occurs first,
the record owner of the Subject Property or its successors-in-interest, shall be relieved of the
responsibility for implementing the improvements listed as Items C and D above.
The record owner of the Subject Property or its successors-in-interest shall design a traffic
signalization device for the intersection of Keystone Drive and Route 7 with the first submission
of construction drawings for any portion of the 'Subject Property. The aforesaid traffic
signalization device shall be installed at no cost to the Town within 90 days subsequent to
issuance of a VDOT official written determination that sufficient minimum warrants exist
requiring signalization at the Keystone Drive/Route 7 intersection. If such sufficient minimum
warrants are not determined by VDOT to exist prior to issuance of the first Zoning Permit for
any portion of the Subject Property, cash funds for the installation of this traffic signalization
device shall be paid to the Town to be held in an interest-bearing fund whose monies shall be
expended only toward the installation of this traffic signalization device. This payment shall
not be made if construction funds for such signalization have been previously bonded ov
supplied by others prior to issuance of the aforesaid first Zoning Permit.
The record owner of the Subject Property or its successors-in-interest shall dedicate sufficient
right-of-way as shown on the Rezoning Concept Plan for construction of a four-lane divided
urban road section along Keystone Drive and shall construct two lanes along Keystone Drive
These Keystone Drive improvements shall be on-half of the ultimate four-lane section with turn
lanes and raised median pursuant to VDOT and Town standards and shall include right turn
deceleration lanes at:
A. Route 7 (northbound two turn lanes).
B. Entrance to Subject Property (southbound ultimate right-in/out only).
C. Russell Branch Parkway (southbound).
The record owner of the Subject Property or its successors-in-interest shall construct two lanes
of the ultimate four-lane divided Keystone Drive cross-section between Route 7 and Russell
Branch Parkway during the first phase of development and concurrent with development under
the first record plat or first final development plan, whichever occurs first. The record owner
of the Subject Property or its successors-in-interest shall construct the remaining two lanes and
raised median of the ultimate four-lane divided Keystone Drive cross-section between Route 7
and Russell Branch Parkway at such time as: (a) Keystone Drive is extended south of Russell
Branch Parkway and into the Lee Center property by others, or (b) Russell Branch Parkway
is extended east of Keystone Drive into Tuscarora Business Center by others, or (c) Russell
Branch Parkway is extended west of East Battlefield Parkway.
Minutes of October 9, 1991
The record owner of the Subject Property or its successors-in-interest shall be relieved of the
responsibility of the aforementioned Keystone Drive improvements if these improvements are
constructed or bonded by the owners of the Lee Center property (SBPL 89-49) prior to the
issuance of the first Zoning Permit for any portion of the Subject Property.
Dedication of the Keystone Drive right-of-way, free and clear of all liens, shall take place at time
of approval of the first final development plan or first record plat, whichever occurs first.
The record owner of the Subject Property or its successors-in-interest shall relocate the
permanent access to the Leesburg Sewage Treatment Plant to two entrance points along Russell
Branch Parkway as shown on the Rezoning Concept Plan during the first phase of development
and concurrent with development under the first record plat or first final development plan,
whichever occurs first. Both access points shall be designed in accordance with Town
~ndards. The first (eastern) permanent access shall be located approximately 600 feet west
of Keystone Drive and shall be aligned with the
existing western driveway to the Leesburg Sewage Treatment Plant. The second (western)
permanent access shall be located approximately 1,075 feet west of Keystone Drive. Both
permanent access point shall accommodate WB-50 truck access to the Leesburg Sewage
Treatment Plant. Additionally, the record owner of the Subject Property or its successors-in-
interest shall relocate the existing fence along the northern boundary of the Leesburg Sewage
Treatment Plant to a new location on the south side of Russell Branch Parkway, at no cost to
the Town, concurrent with construction of Russell Branch Parkway.
The record owner of the Subject Property or its successors-in-interest shall construct temporary
access in accordance with Town standards between the Town Maintenance Facility and the
Russell Branch Parkway/Keystone Drive intersection to accommodate WB-50 truck access
entering the Town Maintenance Facility south of Russell Branch Parkway during the first phase
of development concurrent with development under the first record plat or first final
development plan, whichever occurs first. Additionally, the record owner of the Subject
Property or its successors-in-interest shall construct the ultimate access to the Town
Maintenance Facility from Keystone Drive. This ultimate access shall be bonded or constructed
prior to approval of the last final development plan or at such time as Keystone Boulevard is
extended south of Russell Branch Parkway, whichever occurs first.
The record owner of the Subject Property or its successors-in-interest shall dedicate right-of-
way, free and clear of al! liens, for and construct Russell Branch Parkway as a four-lane divided
urban through-collector road section as depicted on the Rezoning Concept Plan. Construction
of Russell Branch Parkway shall take place during the first phase of development concurrent
with development under the first final subdivision plat or first final development plan,
whichever occurs first. The construction of this road section shall be conditioned upon
dedication of 45 feet from centerline on the Town of Leesburg sewage treatment plant property
for construction of the public street cul-de-sac with approximately 1,200 foot length. Dedication
of the Russell Branch Parkway right-of-way, free and clear of all liens, shall take place prior
to approval of the first final development plan or first record plat, whichever occurs first.
10.
The record owner of the Subject Property or its successors-in-interest shall dedicate, free and
clear of all liens, at time of approval of the first final development plan or first record plat,
whichever occurs first, sufficient right-of-way to allow for a ninety-foot (90') right-of-way
ultimate section roadway along proposed Russell Branch Parkway west of the cul-de-sac for the
purpose of extending a street west of the Subject Property.
The record owner of the Subject Property or its successors-in-interest shall pay to the Town
cash funds for or construct that ultimate section of Russell Branch Parkway on the Subject
Property west of the cul-de-sac to East Battlefield Parkway prior to issuance of the first Zoning
Permit for any construction on Lot 4 or when final design plans for an East Battlefield
Parkway/Route 7 intersection are approved by VDOT, whichever event occurs first. If cash
funds are paid to the Town, these funds shall be held in an interest-bearing fund whose monies
shall be expended only toward construction of that ultimate section of Russell Branch Parkway
on the Subject Property west of the cul-de-sac to East Battlefield Parkway.
11.
The record owner of the Subject Property or its successors-in-interest shall pay to the Town
cash funds for or install a traffic signalization device at the intersection of the Subject Property
entrance and Russell Branch Parkway prior to issuance of the final Zoning Permit for the
Subject Property. If the cash funds are paid to the Town, these funds shall be held in an
interest-bearing fund whose monies shall be expended only toward the installation of this traffic
signalization device. The record owner of the Subject Property or its successors-in-interest shall
submit design plans for this traffic signalization device with the first submission of construction
drawings on the Subject Property.
12.
The record owner of the Subject Property or its successors-in-interest, shall contribute up to
the aggregate sum of Two Hundred Thousand Dollars ($200,000) (based on the projected
100,000 gross square feet of commercial building space), under the terms and conditions stated
herein, as its pro rata, non-refundable, contribution toward the cost of regional roadway
improvements within the area of the Town of Leesburg, including but not limited to, the
construction of the off-site Route 7 improvements described in Proffer 5, above. This monetary
contribution shall be equal to Two Dollars ($2.00) per gross square feet of commercial building
space actually constructed on the Subject Property. These funds shall be paid into an escrow
account established by the Town of Leesburg for the specific purpose of financing the
construction of roadway improvements. The record owner of the Subject Property or its
successors-in-interest, shall make payments on a square footage basis immediately prior to the
Minutes of October 9, 1991
issuance of Zoning Permits for construction of individual commercial buildings on the Subject
Property. Credit shall be given against the construction by the record owner of the
Subject Property or its successors-in-interest of the off-site roadway improvements
described in Proffer 5, Item D above.
13.
The record owner of the Subject Property and its successors-in-interest shall provide, at no cost
to the Town, temporary construction and permanent grading easements on-site for the Keystone
Drive/Route 7 flyover as may be needed to facilitate construction by others of the aforesaid
flyover pursuant to approved design and final construction plans prepared by others. The
record owner of the Subject Property and its successors-in-interest acknowledge that the
Keystone Drive/Route 7 intersection is an interim access which is subject to elimination by the
Town and/or VDOT, without compensation to the record owner of the Subject Property or its
successors-in-interest" but further acknowledge that such interim access may not be eliminated
by the Town and/or VDOT until such time as other complete construction of a Route 7/East
Battlefield Parkway at-grade intersection or grade-separated interchange and complete
construction of a Route 7/Route 653 at-grade intersection or grade-separated interchange with
Russell Branch Parkway providing access between East Battlefield Parkway and Route 653
(hereinafter referred to collectively, as "Alternative Route 7 Access").
Notwithstanding the immediately prior paragraph, if a traffic study based on the traffic
generated by the phased development of Leegate, Lee Center Business Park, and Tuscarora
Business Park is provided within sixty (60) days of completion of the aforementioned Alternative
Route 7 Access and at no cost to the Town by others which demonstrates to the satisfaction
of the Town that:
(a)
Level of Service (LOS) D or better conditions do not exist at
either the Route 7/East Battlefield Parkway intersection or
interchange or the Route 7/Route 653 intersection or
interchange, or
Co)
LOS C or better conditions do not exist at any of the at-grade intersections on
Russell Branch Parkway from the East Battlefield Parkway/Russell Branch
Parkway intersection to the Route 653/Russell Branch Parkway intersection,
then, the Keystone Drive/Route 7 intersection shall not be closed.
Notwithstanding the other paragraphs in this Proffer, the Keystone Drive/Route 7 intersection
shall be closed immediately upon the completion of construction of the East Battlefield
Parkway/Route 7 grade-separated interchange without compensation to the record o~ner of the
14.
The record owner of the Subject Property or its successors-in-interest shall establish a limited
access line by recordable documentation and forms approved by the Town Attorney along the
Subject Property's Route 7 frontage at time of approval of the first development plan or first
record plat.
whichever occurs first. This limited access line shall extend west of the proposed Keystone
Drive right-of-way along the Subject Property's Route 7 frontage.
15.
The record owner of the Subject Property or its successors-in-interest pay to the Town cash
funds for. or design and install a traffic signalization device for the Keystone Drive-Russell
Branch Parkway intersection at such time as Keystone Drive is built to the ultimate four-lane
section, ff cash funds are paid to the Town, these funds shall be held in an interest-bearing
fund whose monies shall be expended only toward the design and installation of a traffic
signalization device for the Keystone Drive-Russell Branch Parkway intersection at such time
as Keystone Drive is built to the ultimate four-lane section.
16.
The record owner of the Subject Property or its successors-in-interest shall remove, at no cost
to the Town, the Keystone Drive entrance into the Subject Property within sixty (60) days after
the Town notifies the record owner of the Subject Property or its successors-in-interest that
construction of the/Keystone Drive/Route 7 flyover is scheduled to begin.
17.
The record owner of the Subject Property or its successors-in-interest shall pay to the Town a
cash contribution in the amount of Ten Cents ($0.10) per gross square foot of commercial
building space actually constructed on the Subject Property. This cash contribution shall be
transferred, after receipt by the Town, to the first and rescue facilities providing service to the
Subject Property in equal proportions and may be expended toward the purchase of equipment
or land for building sites or actual construction or reconstruction of new or remodeled fire and
rescue facilities. This cash contribution shall be paid in increments immediately prior to
issuance of any zoning permits for commercial buildings to be constructed on the Subject
Property.
18.
All monetary contribution stated in these proffers shall be subject to upward adjustment from
the date of final rezoning approval at a rate equal to any fluctuations in the Consumer Price
Index (C.P.I.) from the date of final rezoning approval.
19.
Any dedications of fee simple or easement interests to the Town described in any of these
Proffers shall be accomplished free and clear of all liens and encumbrances.
Minutes of October 9, 1991
20.
If any of the monetary contributions stated in these proffers earmarked for expenditure toward
certain specified improvements are determined, in the sole discretion of the Town, to be
inappropriate for expenditure toward those certain specified improvements, then the
aforementioned monetary contributions shall be returned to the record owner of the Subject
Property and any interest generated by these monetary contributions while being held by the
Town shall be retained by the Town as a service charge.
SECTION II. This ordinance shall be in effect upon its passage.
DISCUSSION:
Councilmember Lovin stated that he has given this application a lot of thought. The applicant has put
forth an economic issue. This is not an economic issue. It is a land use policy issue. I don't disagree
with the applicant or the architect or the attorney who has put forth the application. It is very
attractive. The proffers are very generous. They have to be because the applicant is asking this
Council to turn its back on the Comprehensive Town Plan. I cannot support this application. This
application has been denied by every body that has looked at it.
Councilmember Forester agreed with Mr. Lovin. She stated that the Planning Commission worked
long and hard on this application and came to the conclusion that by opening up this rezoning and
approving this retail use on Route 7, not only opened up the Town Plan to question but also further
rezoning in that corridor extending retail and commercial uses beyond the bypass area. Also not being
consistent with what we wanted to see in the Town Plan. We also heard a report from the state
referral agency that echoed a concern that I have. This kind of outdoor use is incompatible with the
wastewater treatment plant. I am concerned about this kind of use next to the treatment plant. I am
concerned with this kind of use in the Route 7 corridor. I cannot support this application.
Councilmember Kimball stated that both Mr. Lovin and Mrs. Forester have expressed a deep concern
for the ordinance before us and we all share that. At 6:30 p.m., I went out and visited the site
because I am also concerned about it. I understand the Town Plan but I believe that a plan is just a
plan. I do not believe that it is a marble monument to the framers of that plan and it can be modified
as we progress through time. Conditions do change and we are in a very serious condition right now.
I look for accommodation in a council/leadership position to do the type of thing that would help
stimulate the economy in this area. I will support this application. I appreciate the work that staff
and the applicant has done.
Councilmember Clem stated that he has asked where is the best location for an autopark? He stated
that no one has been able to tell him. We have a unique piece of property, bounded by roads and the
treatment plant. It is not an appealing tract of land. We have this plan locked in with the proffers
and special exceptions, the beautification needs, and buffer. The plan must also go through the H-2
corridor review. We have a plan and we should follow it, however, land uses change. This also gives
us an opportunity to move some of the downtown dealerships out of town and revitalize those areas.
This project will bring employment and a tax base. I will support it.
Councilmember Webb agreed with Mr. Clem and Mr. Kimball. There are hundreds of thousands of
feet of commercial/retail/office space available now that will not be built for many years due to the
present economic conditions. I will support the motion.
Councilmember Clem stated that this is a unique design, in that, we will not see the sea of
automobiles as we have seen over the years. It is a new and innovative idea.
Councilmember Lovin stated that the landowner of the properties in town with car dealerships can
lease these properties to another car dealer - a used car dealer. The impression that the two sites on
East Market Street won't be car dealers is probably not a locked in statement.
Councilmember Clem stated that Mr. Lovin was correct but this opens the window of opportunity
change these two properties to some other development.
Councilmember Bange stated that she has been excited about the autopark since it began.
Mayor Sevila began by commending the applicant and his representatives who have been professi(~t~al
throughout this process. He thanked them for a very professional, capable presentation and obviou~l.~
convincing with respect to members of the Council. He stated that he enjoyed a professi,~x~.ll
relationship with everyone involved.
Mayor Sevila stated that the Comprehensive Plan is the most important document that we have~ It
is our blueprint for the future development of our community. It is not enough to say that it is a
plan. It is not enough to say that it is merely a guide and we can follow it when we want to and
deviate from it when it suits us. We have to recognize that it is the consensus document adopted by
this Town and until it is revoked or repealed it stands as the consensus document of the citizens of
this town. When they say in the comprehensive plan, how the Route 7 corridor should be developed
then it is for us to follow it. If we choose not to follow it then it is for us to consider an appropriate
context, an application to amend that plan. In this case we have not done that. In the face of
recommendations from our staff, our planning commission and the Joint Policy Committee that it
cannot be supported because it is not compatible with our Comprehensive Plan, a majority of this
Council has indicated tonight that nevertheless it intends to support this application. I have grave
concerns about it. I consider this decision to be a mile stone decision, in that, it opens the door, lays
the foundation for the future development of Route 7 into town. I don't like what it signals. I have
said to all of my fellow councilmembers my concern about this application is that once this retail use
is in place it is going to be impossible to deny the one that seeks to locate immediately to the east of
Minutes of October 9, 1991
it or immediately to the west of it or immediately across the street from it on the basis that the next
retail use is not compatible with the Town Plan. This is the first major rezoning for development east
of existing development on Route 7 in an area that we called planned employment. In an area that
we said would be campus style, park-like, industrial and employment uses with large, landscaped front
yards and parking hidden behind it. This is not compatible with that nor is it compatible with the
location of that style development either to the east or the west of it. This is a significant departure
from the Town Plan and one that should alarm the citizens of the town.
Occasionally citizens talk to me about applications that are before us and I have not received, except
for those individuals who are associated with this application, one word of support in favor of this
application. On the contrary I have received numerous comments that we are not going to let our
primary entrance into this town from the east go the way of every other entrance corridor to every
other major urban area town in northern Virginia. The answer is yes we are. That is what our vote
tonight signals to the citizens of this town. Not only to those who have expressed their concern but
the silent majority who have not.
Stimulating the economy by approving a development that is incompatible with out planning
documents is a short term answer with extreme long term consequences and this is an improper
exercise of our discretion. For all of those reasons, I intend to vote no.
VOTE:
Aye: Bange, Clem, Kimball, Webb
Nay: Forester, Lovin, Mayor Sevila
9.(c)
Ms. Vecchio stated that the special exception application has several conditions imposed within the
proposed ordinance. One condition is that the applicant comply with all of the zoning ordinance and
subdivision and land development regulations. Another condition is that the applicant comply with the
special exception plan and the last condition is that these are all conceptual and are subject to change
through the H-2 design review process.
Within the special exception plan, there is a very detailed sign package. It has not been evaluated for
compliance with the sign ordinance and has not been reviewed through the H-2 process. It has
location designations on the concept plan. It seems to be more detailed then staff would like to see it
at this point given the fact that the H-2 review process will establish those specific criteria. Staff's
preference would be that the sign package not be included. Staff would like to give the Board of
Architectural Review complete latitude in the review of this project in that it is along the most critical
corridor within the H-2 overlay district. Staff does not want to see anything that my tie the boards
hands or make a premature commitment on behalf of the BAR without their opportunity to review
this package under the guidelines of the H-2 regulations. Staff would like to see the condition in the
ordinance and sheet six of the plan removed.
MOTION:
On motion of Mr. Clem, seconded by Mr. Webb, the following ordinance was proposed and
adopted.
91-0-48 - ORDINANCE APPROVING SPECIAL EXCEPTION APPLICATION #SE90-08 FOR
LEESBURG AUTO PARK BY FIRST POTOMAC DEVELOPMENT CORPORATION
WHEREAS, on December 12, 1990 the Town Council received and referred to the Planning
Commission a special exception application by First Potomac Development Corporation to allow
development of vehicle sales and/or rental facilities on a 20.7 acre parcel of land located south of Route
7 and west of Keystone Boulevard; and
WHEREAS, the applicant concurrently filed rezoning application ZM 129 to rezone the property
from I-1 to a B-3 Community/Retail Commercial zoning district to allow vehicle sales and/or facilities
by special exception; and
WHEREAS, the applicable section of the Town Plan land use policy map recommends this
property for development of planned employment uses; and
WHEREAS, on May 9, 1991, the Planning Commission recommended denial of this application
for non-conformance with the Town Plan land use policy map and the Annexation Area Development
Policies; and
WHEREAS, on July 23, 1991, the Town Council held a public hearing to consider this special
exception application; and
WHEREAS, on September 26, 1991, the Joint Policy Review Committee supported the
Planning Commission's recommendation and further recommended to Council denial of this application
based on non-conformance with the Annexation Area Development Policies land use policies along
Route 7 which recommend planned employment uses for this property; and
WHE~, the Council has determined that the proposed vehicle sales facilities meet the
review criteria set forth in Article 11 the Leesburg Zoning Ordinance:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
Minutes of October 9, 1991
SECTION I. Special exception application #SE90-08 Leesburg Auto Park by First Potomac
Development Corporation is approved to allow vehicle sales facilities to develop up to a maximum of
100,000 square feet on a 20.7-acre parcel of land identified as Loudoun County Tax Map Parcel 49((5))-
A. Development of the vehicle sales facilities shall be in conformance with the following conditions:
Conformance with Sheets 1 through 5 of the Special Exception Plan submitted
with this application, prepared by Patton Harris Rust & Associates, dated April
26, 1991, and revised September 26, 1991.
All applicable terms and conditions of the Leesburg Subdivision and Land
Development Regulations, Zoning Ordinance and Design and Construction
Standards Manual.
Approval by the Board of Architectural Review in accordance with the provisions
of the H-2 Historic Corridor Overlay District regulations of the Leesburg Zoning
Ordinance.
SECTION II. This ordinance shall be in effect upon its passage.
Mayor Sevila stated that he will cast a no vote on this application. His concern is departure from the
adopted Comprehensive Town Plan. Eventually there may come an application for development that
this Council truly wants to turn down and you will not be able to rely on the comprehensive plan. If
you give it up once, you give it up forever and that is what we have done.
VOTE:
Aye: Bange, Clem, Kimball, Webb
Nay: Forester, Lovin, Mayor Sevila
9.(d)
Mr. Brown gave a brief summary of the proposed legislation. He stated that the proposed change will
add a provision to the attendance policies of the town's advisory commission that would allow the
chairman to have the authority to require resignation of a member if they are absent from a number
of consecutive meetings.
MOTION:
On motion of Mr. Clem, seconded by Ms. Bange, the following ordinance was proposed and
unanimously adopted.
91-0-49
- ORDINANCE - AMENDING CHAPTER 2, ARTICLE VIII, SECTION 2-92(6); CHAPTER 2.1,
SECTION 2.1-2; CHAPTER 5.1, ARTICLE XIV, SECTION 5.1-61(C); CHAPTER 11.1,
ARTICLE I, SECTION ll.i-I(C); CHAPTER 13, ARTICLE II, SECTION 13-18 (A); AND
CHAPTER 2, ARTICLE VII, SECTION 2-88 OF THE LEESBURG TOWN CODE,
REGARDING COMMISSION ATTENDANCE POLICIES
and
WHEREAS, there are no existing attendance requirements for the town's advisory commissions;
WHEREAS; the citizen members receive monetary compensation regardless of attendance; and
WHEREAS, attendance problems with some of the town's advisory commissions have been
noted; and
WHEREAS, the Council relies heavily upon recommendations of its appointed bodies, therefore,
attendance and participation should be encouraged; and
WHEREAS, on September 10, 1991 the Town Council, along with other charter amendments,
granted the chairman of the Economic Development Advisory Committee the authority to require a
member to resign if the said member is absent from three consecutive, regular monthly meetings; and
WHEREAS, a similar policy, pending extenuating circumstances, is desired for the other town
advisory commissions; and
WHE~, the Planning Commission and Board of Architectural Review meet more frequently
than the other appointed advisory commissions:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Environmental Advisory Commission. Chapter 2, Article VIII, Section 2-92(b) of
the Leesburg Town Code is hereby amended to read as follows:
The commission shall elect its chairman annually. The commission shall elect annually the
officers it deems necessary. The commission shall meet monthly or more often as necessary upon the
call of the chairman or two or more members. The chairman has the authority to require a member
to resign if the said member is absent from three consecutive, regular monthly meetings.
SECTION II. Airport Commission. Chapter 2.1, Section 2.1-2, second paragraph of the
Minutes of October 9, 1991
Leesburg Town Code is hereby amended to read as follows:
The commission shall elect its chairman and vice-chairman annually and may elect one of its
members as its secretary. The commission shall meet monthly or as determined by the commission.
The chairman has the authority to require a member to resign if the said member is absent from three
consecutive, regular monthly meetings.
SECTION IH. Cable Television Advisory Commission. Chapter 5.1, Article XIV, Section 5.1-
61 (c) of the Leesburg Town Code is hereby amended to read as follows:
The commission shall elect its chairman annually and the Wwn manager, or his designee, shall
serve as secretary. The commission shall meet monthly or more often as determined by the
commission. The chairman has the authority to require a member to resign if the said member is
absent from three consecutive, regular monthly meetings.
SECTION IV. Parks and Recreation Advisory Commission. Chapter 11.1, Article I, Section
11.1-1(c) of the Leesburg Town Code is hereby amended to read as follows:
The commission shall elect its chairman at its first meeting on or after July I of each year and
the town manager, or his designee, shall serve a secretary. The commission shall meet monthly or
more often as determined by the commission. The chairman has the authority to require a member
to resign if the said member is absent from three consecutive, regular monthly meetings~
SECTION V. Planning Commission. Chapter 13, Article II, Section 13-18 (a) of the Leesburg
Town Code is hereby amended to read as follows:
The planning commission at the first meeting following the effective date of this section and to
the first meeting each year thereafter shall elect from the members a chairman and a vice-chairman
for terms of one year. The town manager shall provide a recording clerk for the planning commission
from the town staff. The commission shall fix the time for holding regular meetings and shall meet
every month. The chairman has the authori .ty to require a member to resign if the said member is
absent from four consecutive, regularly scheduled meetings.
SECTION VI. Board of Architectural Review. Chapter 2, Article VII, Section 2-88 of the
Leesburg Town Code is hereby amended to read as follows:
Compensation of members of the town board of architectural review, after March 1, 1990, shall
be $1,200.00 per annum, payable in equal monthly installments. The chairman of the board of
architectural review, as established in Article 16, Section 16A-4 of the Leesburg Zoning Ordinance, has
the authority to require a member to resign if the said member is absent from four consecutive,
regularly scheduled meetings.
SECTION VII. All prior ordinances in conflict herewith are repealed.
SECTION VIII. This ordinance shall be effective upon its passage.
DISCUSSION:
Mr. Lovin stated that he supports attendance. The Council has recently increased the Economic
Development Advisory Commission's membership. These individuals are compensated $50.00 per
meeting which means the town's budget is increasing about $2,000.00 per year. He would like to see
compensation based on attendance unless there is some reason a person cannot attend.
Mr. Lovin stated that he represents the Town of Leesburg on the Northern Virginia Planning District
Commission (NVPDC) and is appalled at the lack of attendance by members of that committee that
represent a municipality. Those towns pay money tn belong to the NVPDC and their representative
never come. There should be some way to see if people are attending these meetings and if they are
not then they should be taken off the committees. That goes for Council members as well.
Mr. Brown stated that staff can include restrictions that Mr. Lovin is proposing on the next committee
agenda.
Mrs. Forester asked that staff think about the fact that there are times that many of these committees
have special meetings during the month.
VOTE:
Nay:
Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
None
9. (e)
Mr. Brown stated that this is companion legislation to item 9 (m) which reflects the proposed
reorganization in the Planning Department.
MOTION:
On motion of Mrs. Forester, seconded by Mr. Lovin, the following ordinance was proposed and
unanimously adopted.
91-0- 50 - ORDINANCE AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING REVISED
Minutes of October 9, 1991
PAY AND CLASSIFICATION PLAN
WHEREAS, recent personnel changes have occurred in the Planning, Zoning and Development
Department that offer the opportunity to better align remaining staff in a way that clearly defines areas
of responsibility; and
WHEREAS, the need exists to provide a more balanced organization with the Department of
Planning, Zoning and Development in order to diminish the disparity between supervisory positions
that have the same levels of responsibility and accountability; and
WHEREAS, establishing a supervisory position responsible for each of three major areas of
responsibility within the department (current planning, zoning administration and comprehensive
planning) promotes good management practice; and
WHEREAS, .no pay adjustments will occur resulting from these reorganization/reclassification
actions except for the incumbent who currently holds the Planner I position:
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 service are classified in the following occupational groups and pay
grades:
Occupational
Groups Position Pay Grade
Executive-Managerial
Law Enforcement
Administrative-Clerical
Supervisory
Technical
Dir. of Engineering 27
& Public 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
for Economic Development & Admin.
Chief of Police 26
Director of Parks and Recreation 24
Parking Control Officer 2
Police Officer 13
Police Officer 1st Class 14
Corporal 15
Sergeant 17
Lieutenant 20
Captain 22
Investigator 15
Clerk Typist 4
Data Entry Clerk 3
Secretary 5
Accounting Clerk I 4
Accounting Clerk II 5
Administrative Secretary 7
Zoning & Development Asst. 10
Executive Secretary 10
Clerk of Council 11
Personnel Officer 9
Public Information Officer 8
Desk Clerk 2
Parking Attendant 2
Supt. Equipment Maintenance 15
Water Supply Superintendent 18
Superintendent Bldgs. 17
Grounds and Maintenance
Utility Lines Superintendent
WPCF Superintendent 18
Parks & Marketing Coordinator 15
Recreation Coordinator 15
Recreation Supervisor 12
Aquatics Supervisor 12
Center Supervisor 12
Asst. Utility Plant Mechanic 5
Heavy Equip. Operator 7
Utility Billing Technician 8
Asst. Streets, Bldg. & Grounds 13
Asst. Superintendent Eq. Maint. 13
Senior Operator 12
Operator I 11
Minutes of October 9, 1991
Professional
Con.ruction/Maintenance
Operator II 10
Operator IH 7
Operator IV 4
Asst. Ut. Lines Superintendent 13
Maintenance
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
Recreation Attendants n/a
Lifeguard n/a
Instructors n/a
Chief of Operations & 18
Inspections
Engineer II 18
Traffic Engineer 18
Engineer I 15
Chief of Current Planning 21
P!-"-nnsr !
Planner II 17
Pfins'-'r.~ P!2nncr
Chief of Comprehensive Planning 20
Asst. Director of Finance 15
Zoning Administrator
Laborer 1
Maintenance Worker H 7
Maintenance Worker I 5
Mechanic I 5
($5.50-8.00 per hour)
($6.00-10.00 per hour)
($10.00-20.00 per hr)
20
SECTION H. All prior ordinances in conflict herewith are repealed.
SECTION HI. This ordinance shall be in effect upon passage.
VOTE:
Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
9. (0
MOTION:
On motion of Mr. Lovin, seconded by Mrs. Forester, the following resolution was proposed and
unanimously adopted.
91-220 - RESOLUTION AMENDING THE FY 92 BUDGET AND THE 1991-1996 CAPITAL
IMPROVEMENTS PROGRAM TO REFLECT DEFERRAL OF UTILITY CAPITAL PROJECTS
WHEREAS, the August 1, 1991 "Report of the Utility Rate Study" presented to Council by the
town's utility rate consultants, Deloitte & Touche, recommended a 50%, 20%, 5%, 10% and 15% rate
increase, effective July 1, 1991, 1992, 1993, 1994 and 1995, respectively, to fund utility operations and
capital projects; and
WHEREAS, Council deemed these rate increases to be an excessive financial burden on the citizens
of Leesburg; and
WHEREAS, alternative rates were presented to Council on September 17, 1991 by Deloitte &
Touche, for additional consideration; and
WHEREAS, the Council has decided that Alternative III, which assumes a 35% increase in 1992,
30% in 1993, 20% in 1994 and 0% in 1995 coupled with a deferral of $1,053,500 in planned capital
projects for 1992, is the most feasible alternative rates for the town.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The town's five-year Capital Improvements Program is hereby amended to defer the
following Utility Fund capital projects from fiscal year 1992 to fiscal year 1993:
WPZ Phase I Water System Improvements (Construction)
WPZ Phase II Water System Improvements (Design)
WTP Upgrade/Expansion (Valve Replacement)
WPZ Booster Station Upgrade (Design)
SECTION II. The town's Budget for fiscal year ending June 30, 1992 is hereby amended to provide
Minutes of October 9, 1991
for the elimination of the amounts for Utility Fund Capital Projects identified as follows:
Account
3120.700.190.300
3120.700.210.300
3130.700.190.300
3130.700.220.300
Pro. iect
WPZ Watermain Extension Phase I
WPZ Watermaln Extension Phase II
WTP Expansion
WPZ Booster Station
Budget
$780,000.00
$ 60,000.00
$ 80,00O.0O
$ 50,000.OO
DISCUSSION:
Mr. Clem referred to the Greenway Farm/Trafalgar House project and asked if thier plans were tied
into the western pressure zone.
Mayor Sevila stated that Mr. Simms of Trafalgar House spoke earlier stating that by deferring these
projects we are basically putting off his construction schedule beyond the year 1992-93.
Mr. Shoemaker stated that during the last budget year, the town completed the western pressure zone
phase I which included several thousand feet of 16 inch water line within the Country Club estates and
Dry Mill Road area. The project has been approved by the health department for construction. Due to
a lack of funding the town did not bid the project this year and we were also waiting to see what the
outcome of the proposed rate increase was. The concern that Mr. Simms expressed for Trafalgar House
is in the 16 inch proposed line to be placed in Country Club Drive and from the booster station to their
point of connection for Greenway Farms. At the town's special meeting the issue was brought up and
we did express our feeling that staff could work with this development to accommodate their needs as
we have done in the past on other utility projects. Mr. Simms has stated that his time schedule for
bringing new homes online in 1993 and if this project is budgeted for FY 93 the development will come
on line at the same time. I don't foresee a scheduling problem.
Mr. Clem stated that he would like some high degree of assurance that Mr. Simm's project will not be
held up.
Mr. Brown stated that it is very difficult for us to expect the utility department to be able to
accommodate everything and not get the rate increase anticipated.
Mayor Sevila stated that this illustrates the dilemma that this rate increase issue has put us in. We are
getting, from Mr. Simms, the very first reaction of how that is going to affect the citizens of the
community. On the one hand the citizens are telling us to hold the rate increase down. We will be able
to work with Mr. Simms and Trafalgar House and that we will be able to install the infrastructure so
that he can get his permits and begin his construction on schedule.
Mr. Shoemaker stated that Mr. Mason has just informed him that Mr. Simms was referring to a staff
comment on their development plans and that staff can work this out.
Mayor Sevila stated that when Trafalgar House summarize their sewer and water availability fees at $2.9
million, we can certainly recognize the need for that kind of revenue that would flow from this so~ of
development.
VOTE:
Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
9. (i),(i),(o),(a).(r),(s),(t)
MOTION:
On motion of Mr. Clem, seconded by Mr. Lovin, the following resolutions were proposed as consent
items and unanimously adopted.
91-221 - RESOLUTION -AUTHORIZING SUBSTITUTE AGREEMENTS AND APPROVIN(;
SUBSTITUTE PERFORMANCE BONDS FOR TAVISTOCK FARMS SECTIONS
7, 10, 11 AND 12; 13, 19, 20 AND 21; 14, 18, OFFSITE WATERLINE, AND OFFSITE
SANITARY SEWER
WHEREAS, the Town Council approved letters of credit from Perpetual Savings Bank, FSB as
performance guarantees for various sections of the Tavistock Farms Planned Residential Developm~.~t
in the amounts listed as follows:
Section 1
Section 3
Section 4
Section 5
Section 6
Section 7
Section 10
Sections 11 and 12
Sections 13, 19, 20 and 21
Section 14
Section 18
Offsite Waterline
Offsite Sanitary Sewer
180,000.00
40,426.00
122,400.00
117,498.00
200,556.00
400,000.00
725,4O3.00
882,694.00
1,637,094.00
230,878.45
356,004.00
50,663.00
31,281.00
Minutes of October 9, 1991
WHE~, SAD Realty Corporation, the new owner of the Tavistock Farms Planned Development
as a result of a loan foreclosure, has presented new contracts for installation of public improvements
and new corporate surety bonds from the Homestead Insurance Company of New Jersey to replace the
contracts and letters of credit provided by the Tavistock Farms General Partnership, the former owner,
in the same amounts as listed above for each section; and
WHEREAS, although the Homestead Insurance Company has an A6 Best Key Rating they do not
meet the town's minimum requirements for a surety; and
WHEREAS, corporate surety bonds issued by Homestead Insurance Company as performance
guarantees for public improvements are accepted by neighboring northern Virginia jurisdictions including
the Loudoun County Sanitation Authority; and
WHEREAS, Perpetual Savings Bank, FSB, the owner of SAD Realty Corporation, has entered the
Accelerated Resolution Program administered by the Federal Office of Thrift Supervision and is unable
to renew or extend the letters of credit issued as performance guarantees for Tavistock Farms beyond
the current expiration dates; and
WHEREAS, SAD Realty Corporation is unable to obtain any surety bond or letter of credit other
than the surety bonds from Homestead Insurance Company due to the financial status and pending
Federal Government takeover of Perpetual Savings bank, FSB; and
WHEREAS, when the Federal Resolution Trust Corporation (RTC) takes over the assets of
Perpetual Savings Bank, FSB, in accordance with the Accelerated Resolution Program, the letters of
credit can be disaffirmed (cancelled) by the RTC; and
WHEREAS, the Town Attorney, Director of Finance, and Director of Engineering and Public
Works recommend acceptance of the corporate surety bonds from Homestead Insurance Company as
performance guarantees for the above listed sections of Tavistock Farms because of the pending takeover
by the RTC of Perpetual Savings Bank; FSB.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Manager shall execute new contracts for installation of public
improvements with SAD Realty Corporation for the sections of Tavistock Farms listed below.
SECTION II. Corporate surety bonds issued by
guarantees for the installation of public improvements
approved by the Town Attorney in the amounts listed
Homestead Insurance Company as performance
in various sections of Tavistock Farms in a form
below are hereby approved:
Section 1
Section 3
Section 4
Section 5
Section 6
Section 7
Section 10
Sections 11 and 12
Sections 13, 19, 20 and 21
Section 14
Section 18
Offsite Waterline
Offsite Sanitary Sewer
$ 180,000.00
40,426.00
122,400.00
117,498.00
2O0,556.OO
400,000.00
725,4O3.OO
882,694.00
1,637,094.00
230,878.45
356,004.00
50,663.00
31,281.00
SECTION IH. The public improvements shown on the plans approved by the Director
Engineering and Public Works for the sections of Tavistock Farms listed in Section I above, shall
completed by June 24, 1993 in accordance with the terms of the contract for installation of
improvements.
SECTION IV. The letters of credit issued by Perpetual Savings Bank, FSB and provided by '.!;,.
Tavistock Farms General Partnership for the sections of Tavistock Farms listed in Section I are hcr~.~ ,~
released.
91-222 - RESOLUTION - AUTHORIZING A SUBSTITUTE AGREEMENT AND APPROVING .\
SUBSTITUTE PERFORMANCE BOND FOR THE FAIRWAY MANOR SUBDIVISION
WHE~, the Town Council approved letters of credit from Perpetual Savings Bank, FSB as
performance guarantees for the Fairway Manor Subdivision in the amount of $77,220.00; and
WHEREAS, SAD Realty Corporation, the new owner of the Fairway Manor Subdivision as a result
of a loan foreclosure, has presented a new contract for installation of public improvements and a new
corporate surety bond from the Homestead Insurance Company of New Jersey to replace the contract
and letter of credit provided by United Land Developers, Inc., the former owner, in the amount of
$77,200.00; and
WHEREAS, although the Homestead Insurance Company has an A6 Best Key Rating they do not
meet the town's minimum requirements for a surety; and
WHEREAS, corporate surety bonds issued by Homestead Insurance Company as performance
Minutes of OcWber 9, 1991
guarantees for public improvements are accepted by neighboring northern Virginia jurisdictions including
the Loudoun County Sanitation Authority; and
WHEREAS, Perpetual Savings Bank, FSB, the owner of SAD Realty Corporation, has entered the
Accelerated Resolution Program administered by the Federal Office of Thrift Supervision and is unable
to renew or extend the letter of credit issued as performance guarantees for Fairway Manor beyond the
current expiration date; and
WHEREAS, SAD Realty Corporation is unable to obtain any surety bond or letter of credit other
than the surety bond from Homestead Insurance Company due to the financial status and pending
Federal Government takeover of Perpetual Savings bank, FSB; and
WI-~REAS, when the Federal Resolution Trust Corporation (RTC) takes over the assets of
Perpetual Savings Banlq FSB, in accordance with the Accelerated Resolution Program, the letter of
credit can be disaffirmed (cancelled) by the RTC; and
WHEREAS, the Town Attorney, Director of Finance, and Director of Engineering and Public
Works recommend acceptance of the corporate surety bond from Homestead Insurance Company as the
performance guarantees for the Fairway Manor Subdivision because of the pending takeover by the RTC
of Perpetual Savings Bank, FSB.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Manager shall execute a new contract for installation of public
improvements with SAD Realty Corporation for the Fairway Manor Subdivision.
SECTION II. The corporate surety bond issued by Homestead Insurance Company as the
performance guarantee for the public improvements in the Fairway Manor Subdivision in the amount
of $77,200.00 in a form approved by the Town Attorney is hereby approved.
SECTION III. The public improvements shown on the plans approved by the Director of
Engineering and Public Works for the Fairway Manor Subdivision, shall be completed by June 24, 1993
in accordance with the terms of the contract for installation of public improvements.
SECTION IV. The letter of credit issued by Perpetual Savings Bank, FSB and provided by United
Land Development, Inc., for the Fairway Manor Subdivision is hereby released.
91-223 - RESOLUTION - AUTHORIZING IMPLEMENTATION OF AN ADOPT-A-STREET PROGRAM
WHEREAS, the town's Environmental Advisory Commission has recommended that Leesburg
implement a program similar to the Virginia Department of Transportation (VDOT) sponsored Adopt-
A-Highway program; and
WHEREAS, VDOT currently offers local groups the opportunity to remove litter from the right-
of-way along Route 7 and Route 15 By-pass in Leesburg; and
WHEREAS, town staff has reviewed the successful VDOT program and recommends a program
with similar features to be coordinated with the established Adopt-A-Spot town program; and
WHEREAS, the town staff is prepared to coordinate the program by scheduling work, providing
necessary training and issuing appropriate equipment; and
WHEREAS, an Adopt-A-Street program offers town citizens, associations, businesses and civic
groups the opportunity to volunteer to keep Leesburg beautiful by adopting an arterial or collector street;
and
WHEREAS, as recognition of their efforts, an Adopt-A-Street sign similar to the Adopt-A-Spot sign
bearing the group's name will be posted on the adopted street.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Town staff is authorized to implement a Leesburg Adopt-A-Street program similar to VDOT's
Adopt-A-Highway program which allows citizens to participate in controlled beautification effm~ on the
town's arterial and collector streets. Participating groups must agree to collect litter at least four times
per year and meet safety and other requirements as established by the town's Engineering and Public
Works Department.
91-224 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO IMPLEMENT FREE HOLIDAY
PARKING AT THE VINEGAR HILL AND SOUTH HARRISON STREET PARKING LOTS
ADJACENT TO MARKET STATION
WHEREAS, correspondence dated September 12, 1991, from Mr. Joe S. Ritenour of Market Station
requested that the parking lots serving Market Station be made available to the public without charge
for the same term as the new municipal parking garage; and
Wt~, the Town Council authorized free parking at the municipal parking garage through
January 1, 1992, to promote the new facility; and
WHEREAS, the town in the past has offered free parking during the holiday season for the
convenience of Leesburg's shoppers; and
Minutes of October 9, 1991
WHEREAS, on October 1, 1991, the Administration and Public Works Committee of the Town
Council recommended that the Vinegar Hill and South Harrison Street parking lots be made available
to the public without charge for this holiday season, extending from Thanksgiving Day to New Years
Day; and
WHEREAS, business promotion and retention is an important town goal:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is hereby authorized to implement free parking at the Vinegar Hill and South
Harrison Street parking lots adjacent to Market Station between November 28, 1991 and January 2, 1992
for the holiday season.
91-225 - RESOLUTION AUTHORIZING A MUSIC PERFORMANCE AGREEMENT WITH
BROADCAST MUSIC, INC.
WHEREAS, U.S. copyright laws require businesses and organizations who charge admission fees,
and play background or use instructional music, to comply with copyright requirements; and
WHEREAS, the Ida Lee Recreation Center uses background radio and class instructional music for
a variety of purposes; and
WHEREAS, a music performance agreement is required with a music licensing organization; and
WHEREAS, Broadcast Music, Inc., is one of the two largest licensing organizations in the United
States:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is authorized to enter into a music performance agreement with Broadcast
Music, Inc., to comply with U.s. copyright laws for the Ida Lee Recreation Center.
91-226 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN EXETER SECTION 10
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Exeter Section 10 and certified that the value of work performed is
$679,154.00; and
WHEREAS, a letter of credit from First American Bank in the amount of $852,388.24 has been
provided by the developer and approved by the Council to guarantee installation of public improvements
in Exeter Section 10.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from First American Bank in the amount of $852,388.24 is reduced
to $173,234.24.
SECTION II. The Town Manager shall notify the developer that liability for the letter of credit
has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute
acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the
contract for public improvements for Exeter Section 10.
91-227 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED FOR THE EXETER/BIG SPRINGS SEWAGE
PUMPING STATION
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date for the Exeter/Big Springs Sewage Pumping Station and certified that
the value of work performed is $203,468.00; and
WHEREAS, a letter of credit from First American Bank in the amount of $254,336.00 has been
provided by the developer and approved by the Council to guarantee installation of public improvements
for the Exeter/Big Springs Sewage Pumping Station.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from First American Bank in the amount of $254,336.00 is reduced
to $50,868.00.
SECTION II. The Town Manager shall notify the developer that liability for the letter of credit
has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute
acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the
contract for public improvements for the Exeter/Big Springs Sewage Pumping Station.
VOTE:
Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
Minutes of October 9, 1991
9. (k)
MOTION:
On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and
unanimously adopted.
91-228 - RESOLUTION - DECLARING THE DEVELOPER OF TAVISTOCK FARMS SECTION 9 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
WHEREAS, the Poretsky Building Group, Inc., developers of Tavistock Farms Section 9, has not
completed all the required public improvements in accordance with the approved construction drawings
and town standards within the two-year period agreed to in the contract for public improvements; and
WHEREAS, the Poretsky Building Group, Inc., has requested a one year time extension for
completion of the remaining bonded improvements; and
WHEREAS, a letter of credit from Perpetual Savings Bank FSB was provided by the Poretsky
Building Group, Inc., which guarantees the installation of public improvements in Tavistock Farms
Section 9, in the current amount of $38,580.00; and
WHEREAS, the town has received a written notice from Perpetual Savings Bank, FSB that the
letter of credit will not be renewed beyond the maturity date which is January 16, 1992; and
WHEREAS, the Poretsky Building Group, Inc., has stated to the town that it cannot obtain a
substitute performance guarantee from another institution; and
WHEREAS, in order to guarantee that the town will have sufficient funds to complete the pUblic
improvements if the Poretsky Building Group, Inc., fails to complete the project, a claim for payment of
the letter of credit funds must be made.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Manager is hereby authorized to declare the Poretsky Building Group, Inc.,
in default of its contract for public improvements for Tavistock Farms Section 9 and to request payment
pursuant to the letter of credit from Perpetual Savings Bank, FSB in the amount of $38,580.00 which
guarantees the installation of public improvements in Tavistock Farms Section 9.
SECTION II. The Town Manager is also authorized to prepare and execute all documents
necessary to enforce all terms of the contract for public improvements for Tavistock Farms Section 9.
VOTE:
Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
9. (1) was referred to the October 15, 1991, Planning and Zoning Committee.
9. (m)
MOTION:
On motion of Mr. Clem, seconded by Mrs. Forester, the following resolution was proposed u~,.~i
unanimously adopted.
91-229 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN
TOWN'S SERVICE
WHEREAS, recent personnel changes have occurred in the Planning, Zoning and
Department that offer the opportunity to better align remaining staff in a way that clearly defines
of responsibility; and
WHEREAS, the need exists to provide a more balanced organization with the Depat~mc,~t
Planning, Zoning and Development in order to diminish the disparity between supervisory positions
have the same levels of responsibility and accountability; and
WHEREAS, no pay adjustments will occur resulting from these reorganization/reclassification
actions except for the incumbent who currently holds the Planner I position:
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 services established for the
fiscal year beginning July 1, 1991 are amended as follows:
Number of Full-Time Equivalent
Positions Available
Minutes of October 9, 1991
LEGISLATIVE DEPARTMENT
Clerk of Council
EXECUTIVE DEPARTMENT
Manager
Assistant Town Manager for Economic Development
and Administration
Executive Secretary
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 Secretary
Secretary
Parking Control Officer
Data Entry Clerk
ENGINEERING AND PUBLIC WORKS
ADMINISTRATION
Director of Engineering and Public Works
Traffic Engineer
Administrative Secretary
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 (part-time)
PLANNING, ZONING AND DEVELOPMENT
1
1
1
1
1
1
1
2
1
10
3
11
5
1
1
1
1
1
1
3
1
1
1
1
3
1
1
4
5
8
1.5
Dir. Planning, Zoning & Development 1
Minutes of October 9, 1991
Chief of Current Planning
Chief of Comprehensive Planning
Zoning Administrator
P~n~'.'p~ P!anncr
Planner II
P!annor !
Assistant Zoning Administrator
Zoning and Development Assistant
Administrative Secretary
Secretary
1
1
1
2
1
PARKS AND RECREATION
Director of Parks and Recreation
Administrative Secretary
Recreation Coordinator
Recreation Supervisor
Parks & Marketing Coordinator
Center Supervisor
Aquatics Supervisor
Desk Clerk
Recreation Attendant'(part-time)
Lifeguard (part-time)
Instructors - determined by class registration
1
1
1
1
1
1
2
3
3.4
9
n/a
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
Operator I
Operator III
Equipment Operator
Laborer
UTILITY LINES
Superintendent
Asst. Superintendent Maintenance
Maintenance Worker II
Maintenance Worker I
Meter Technician
Laborer
WATER SUPPLY
Superintendent
Operator I
Operator II
Operator HI
Operator IV
TOTAL PERSONNEL AUTHORIZED
Full-time Equivalent
161.9
Part-time
13.4
VOTE:
Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
9.
MOTION:
On motion of Mr. Webb, seconded by Mrs. Forester, the following resolution was proposed and
unanimously adopted.
Minutes of October 9, 1991
91-230 - RESOLUTION - AMENDMENT TO ARTICLE 17 OF THE LEESBURG ZONING ORDINANCE
REGARDING THE FINES ASSOCIATED WITH CML PENALTIES
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 remain
consistent with the Code of Virginia; and
WHEREAS, the Mayor and Council amended Article 17 by Ordinance 89-0-10 to provide an
administrative process to correct violations of the Leesburg Zoning Ordinance by imposing civil penalties
for non-compliance with the ordinance; and
WHEREAS, the proposed amendment to Article 17 will make the imposition of fines associated
with the civil penalties consistent with Section 15.1-499.1 of the 1950 Code of Virginia, as amended on
July 1, 1990; and
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. An amendment to Section 17B-3, and Section 17B-3(2) of the Leesburg Zoning
Ordinance is hereby initiated as indicated below:
Section 17B-3. CIVIL VIOLATIONS AND PENALTIES
Any violation of the provisions of this Ordinance enumerated in Section 17B-4 shall be deemed a
civil violation and upon an admission of liability or finding of liability, shall be punishable by a fine
of $se.e~ $100.00 for each individual charge. Each day during which the violation is found to have
existed shall constitute a separate offense. However, in no event shall specified violations arising
from the same operative set of facts be charged more frequently than once in any 10 day period,
in no event shall a series of specified violations rising from the same operative set of facts result
in civil penalties which exceed a total of $259.e~ $3,000.00. Nothing in this subsection shall be
construed as to prohibit the Town Council, Town Manager or the Zoning Administrator from
bringing legal action to remedy any violation by injunction, abatement or other appropriate action
or proceeding, as authorized by law.
Section 17B-3(2)
Any person charged for such violation may enter a waiver of trial, admit liability, and pay the
$.~e.ee $100.00 penalty to the Leesburg Department of Finance within 10 days of the receipt of
said summons. Such admission of liability shall have the same force and effect as a judgement of
Court and shall not be a criminal conviction.
SECTION II. The Planning Commission shall hold a public hearing and consider these
amendments to the Zoning Ordinance, and report its recommendation to the Town Council pursuant
to Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended.
DISCUSSION:
Mr. Lovin stated that these fines would be enacted against a sign zoning violation. He asked that the
Zoning Administrator look into the sign located between Loudoun Street and Market Street. The
business is an antique dealership that has had a grocery store sign up for months.
VOTE:
Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
9. (o)
MOTION:
On motion of Mrs. Forester, seconded by Ms. Bange, the following resolution was proposed and
unanimously adopted.
91-231 - RESOLUTION - RE-INITIATING AND REFERRING AN AMENDMENT TO THE LEESB U RG
ZONING ORDINANCE REGARDING PROVISION OF ACTIVE RECREATION FACILITIES IN
MULTI-FAMILY RESIDENTIAL DEVELOPMENTS
WHERF. u~, on February 12, 1991 the Council by Resolution No. 91-37 initiated an amendment
to Article 3 and Article 11 of the Leesburg Zoning Ordinance proposing criteria for requiring active
recreation facilities in multi-family residential developments; and
WHEREAS, said amendment applied only to the R-22 residential zoning district and the Special
Exception standards for multi-family developments in the B-1 and B-2 commercial zoning districts; and
WHEREAS, both the Planning Commission and Council have conducted public hearings on the
amendment; and
WHEREAS, Council has concluded that the criteria proposed in the amendment could result in
inequitable regulation of multi-family developments; and
WHEREAS, the R-16 residential zoning district also governs multi-family development; and
Minutes of October 9, 1991
WHEREAS, general welfare and good zoning practice require uniform regulation of similarly
situated land uses:
THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows:
SECTION I. Resolution No. 91-37, adopted by the Council of the Town of Leesburg on February,
12, 1991, is hereby rescinded.
SECTION II. An amendment to Section 3H-9(2) of the Leesburg Zoning Ordinance is hereby
initiated, replacing existing text with the following-.
(2)For developments with overall density exceeding eight (8) units per net acre, active recreation
facilities such as playgrounds, tennis courts, swimming pools and clubhouses shall be provided at a rate
of at least 250 square feet per dwelling unit. "Active recreation" is defined as activities that allow
physical participation by an individual or group. The size, type, and number of facilities provided shall
be commensurate with the anticipated needs of the residents.
a. Construction of recreation facilities described in the development plan shall be in accordance with
a schedule approved as part of the plan and shall be at a rate equivalent to or greater than the rate of
construction of dwellings. At a minimum, a phasing plan must assure that major recreation facilities,
such as pools, clubhouses, and tennis courts, are constructed prior to the completion of fifty percent
(50%) of the total units.
b.If subsequent subdivision or boundary line adjustment causes the density of previously exempt
development to exceed eight (8) units per net acre, the owner(s) of that development shall add the
recreation facilities required by this section as a condition of approval of the subdivision or boundary line
adjustment.
SECTION III. An amendment to Section 3I-7(2) of the Leesburg Zoning Ordinance is hereby
initiated, replacing existing text with the following".
(2)A minimum of thirty percent (30%) of the gross acreage of a site developed for multi-family
residential use shall be maintained as open space. For developments with overall density exceeding eight
(8) units per net acre, active recreation facilities such as playgrounds, tennis courts, swimming pools and
clubhouses shall be provided at a rate of at least 250 square feet per dwelling unit. "Active recreation"
is defined as activities that allow physical participation by an individual or group. The size, type, and
number of facilities provided shall be commensurate with the anticipated needs of the residents.
a. Construction of recreation facilities described in the development plan shall be in accordance with
a schedule approved as part of the plan and shall be at a rate equivalent to or greater than the rate of
construction of dwellings. At a minimum, a phasing plan must assure that major recreation facilities,
such as pools, clubhouses and tennis courts, are constructed prior to the completion of fifty percent (50%)
of the total units.
b. If subsequent subdivision or boundary line adjustment causes the density of previously exempt
development to exceed eight (8) units per net acre, the owner(s) of that development shall add the
recreation facilities required by this section as a condition of approval of the subdivision or boundary line
adjustment.
SECTION IV. An amendment to Section 11A-7(3)b of the Leesburg Zoning Ordinance is hereby
initiated, replacing existing text with the following.
b.A minimum of thirty percent (30%) of the gross acreage of a site developed for multi-family
residential use shall be maintained as open space. For developments with overall density exceeding eight
(8) units per net acre, active, recreation facilities such as playgrounds, tennis courts, swimming pools and
clubhouses shall be provided at a rate of at least 250 square feet per dwelling unit. "Active recreau.[~'
is defined as activities that allow physical participation by an individual or group. The size, type. ~(t
number of facilities provided shall be commensurate with the anticipated needs of the residents.
1.Construction of recreation facilities described in the development plan shall be in accordance
a schedule approved as part of the plan and shall be at a rate equivalent to or greater than the rate ,,~'
construction of dwellings. At a minimum, a phasing plan must assure that major recreation
such as pools, clubhouses and tennis courts, are constructed prior to the completion of fifty percent
of the total units.
2.If subsequent subdivision or boundary line adjustment causes the density of previously exempt
development to exceed eight (8) units per net acre, the owner(s) of that development shall add the
recreation facilities required by this section as a condition of approval of the subdivision or boundary' line
adjustment.
SECTION V. The Planning Commission shah hold a public hearing and consider these
amendments to the Zoning Ordinance, and report its recommendation to the Town Council pursuant
to Chapter 11, Title 14.1-431 of the 1950 Code of Virginia, as amended.
VOTE:
Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
NEW BUSINESS
Minutes of October 9, 1991
10. (a)
MOTION:
On motion of Mrs. Forester, seconded by Mr. Webb, the following resolution was proposed and
unanimously adopted.
91-232 - RESOLUTION - DECLARING THE DEVELOPER OF THE UNION COURT SECTION I
SUBDMSION 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
WI-IE~, Patterson Place, Inc., developers of Union Court Section I, has not completed all the
required public improvements in accordance with the approved construction drawings and town standards
within the two-year period agreed to in the contract for public improvements; and
WHEREAS, Patterson Place, Inc., has requested a one year time extension for completion of the
remaining bonded improvements; and
WHEREAS, a letter of credit from Sovran Bank was provided by Patterson Place, Inc., which
guarantees the installation of public improvements in Union Court Section I in the current amount of
$37,684.00; and
WHEREAS, the town has received a written notice from Sovran Bank stating that the letter of
credit will not be renewed beyond the maturity date which is October 14, 1991; and
WHEREAS, Patterson Place, Inc., has stated to the town that it cannot obtain a substitute
performance guarantee from another institution; and
WHEREAS, in order to guarantee that the town will have sufficient funds to complete the public
improvements, if Patterson Place, Inc., fails to complete the project, a claim for payment of the letter of
credit funds must be made.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Manager is hereby authorized to declare Patterson Place, Inc., in default
of its contract for public improvements for Union Court Section I and to request payment pursuant to
the letter of credit from Sovran Bank in the amount of $37,684.00 which guarantees the installation of
public improvements in Union Court Section I.
SECTION II. The Town Manager is also authorized to prepare and execute all documents
necessary to enforce all terms of the contract for public improvements for Union Court Section I.
VOTE:
Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
~o. (b)
MOTION:
On motion of Mrs. Forester, seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
91-233 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR SAINT JOHN THE
APOSTLE CATHOLIC CHURCH
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for Saint
John the Apostle Catholic Church.
SECTION II. The extension of municipal water and sewer for Saint John the Apostle Catholic
Church is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The irrevocable bank letter of credit in a form approved by the town attorney from
the First Virginia Bank in the amount of $47,631.00 is approved as security to guarantee installation
of the public improvements shown on plans approved by the Director of Engineering and Public Works
for Saint John the Apostle Catholic Church.
VOTE:
Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
Minutes of October 9, 1991
10. (e)
MOTION:
On motion of Mr. Clem, seconded by Ms. Bange, the following resolution was proposed and
unanimously adopted.
91-234 - RESOLUTION - AUTHORIZING THE COLLECTION OF FEES FOR WATER AND SEWER
SYSTEM MODELING REQUESTS
WHEREAS, in February 1990, the town purchased a computer model of its water and sewer
utility system as a product of the 1987 Water and Sewer Master Plan, prepared by the town's
engineering consultants, Camp Dresser and McKee; and
WHEREAS, prior to acquisition of the model by the town, individuals requesting water and sewer
flow analysis data for land development purposes were required to obtain this service from a private
engineering consultant, at a substantial cost; and
WHEREAS, the town's Utility Rate Consultants, Deloitte & Touche, in their August 1, 1991
"Report of the Utility Rate Study" recommend recovery of costs associated with providing water and
sewer systems analysis through the establishment of user fees; and
WHEREAS, the new fees for water or sewer system analysis requests were duly advertised and
the subject of a Town Council public hearing, in conjunction with proposed utility system fees and rates,
held September 10, 1991 at 7:30 p.m.
THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is hereby authorized and directed to collect fees in the amount of $150.00 for
each request for water or sewer system computer modeling analysis as performed by the town.
DISCUSSION:
Mrs. Forester asked if the amount of $150.00 would cover staff time. Mr. Brown stated that Deloitte
Touche looked at this and determined that it was the cost of operating the computer model. Mrs.
Forester asked if there would be future costs in updating the model, further stating that if a fee is going
to be imposed it should cover whatever costs incurred. Mr. Shoemaker stated that the model consists
of several hundred pipes and nodes in the data base and is periodically updated by town personnel.
Since the model is for our use as well as the use of developers, we consider that to be an administrative
cost in maintaining the model. We are only trying to recover our direct costs for responding to requests.
VOTE:
Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
NEW BUSINESS
Mr. Kimball stated that the comments made earlier this evening as they relate to Leegate and the Town
Plan and given the economic climate in this region it would be wise to take a look at the Town Plan in
terms of re-validating it. Recognizing that the plan was first formulated 5 years ago.
Mr. Brown stated that at the October 5, 1991, Planning and Zoning Committee staff will present a
recommendation to the Council for revising the Town Plan.
Mayor Sevila stated that we could have some healthy dialogue on this subject because one of the
struggles we are having internally is how do we react to these economic times.
On motion of, and duly seconded, the meeting was adjourned at 11:00 p.m.
Clerk of Council
Robert E. Sevila, Mayor
Town of Leesburg