HomeMy Public PortalAbout1991_12_10MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL
DECEMBER 10, 1991
A regular meeting of the Leesburg Town Council was held in the Council Chambers, 25 West
Market Street, Leesburg, Virginia on December 10, 1991, at 7:30 p.m. The meeting was called to order
by the Mayor.
INVOCATION was given by Councilmember Webb.
SALUTE TO THE FLAG was led by Councilmember Forester.
ROLL CALL
COUNCILMEMBERS PRESENT
Georgia W. Bange
James E. Clem
Christine M. Forester
Claxton E. Lovin
William F. Webb
Mayor Robert E. Sevila
ABSENT
Donald A. Kimball
STAFF PRESENT
Town Manager Steven C. Brown
Assistant Town Manager for Economic Development and
Administration Peter Stephenson
Director of Finance Paul E. York
Assistant Director of Finance Steve Krissa
Director of Engineering and Public Works Thomas A. Mason
Director of Utilities Randolph W. Shoemaker
Zoning Administrator Scott Johnson
Public Information Officer Susan Farmer
Planner Sally Vecchio
Clerk of Council Barbara Markland
APPROVAL OF MINUTES
On motion of Mr. Clem, seconded by Mr. Webb, the regular meeting minutes of November 12, 1991
were approved as corrected by Councilmernber Forester.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Kimball
PETITIONERS
Presentation of the Annual Financial Report
Mr. Brown stated that as required by state law the town is audited by an independent auditing firm
on an annual basis. Before the Council this evening is a completed Comprehensive Annual Financial
Report prepared by Deloitte Touche who are present this evening.
Mr. Brown remarked on the effort that is required by the Finance Department specifically Finance
Director Paul York and Assistant Finance Director Steve Krissa. Steve Krissa is a dedicated,
outstanding employee. He worked extremely hard to assist in the production of this report which eve~3'
year receives awards and deserved recognition.
Mr. Brown introduced Ms. Betsy Trenton and Mr. Bill Ezell with Deloitte Touche to present the town's
financial report.
Mr. Ezell addressed the Council. He stated that the audit procedures have been completed with respect
to the financial statements and have rendered the audit opinion. The auditors opinion states that the
financial statements present fairly in all material respects for the financial position and operations of
the Town of Leesburg for the year ended June 30, 1991. That is also referred to as an unqualified
opinion. The opinion contains no qualifications with respect to the financial information presented in
the annual report.
In addition to the audit report there is a separate report to the Council which will be rendered sho~ly
containing matters incidental to the audit in the area of internal accounting controls and other matters
Regular meeting minutes of December 10, 1991
operational and otherwise.
The level of fund balance at the end of June 30, 1991 in the General Fund is approximately $300,000.
This is a reduction since 1989 from $1.2 million. That level of ending fund balance is a modest level
for a town with expenditures of Leesburg's size for having a cushion for unforseen events that might
OCCUr.
The internal control area deals with the current level of staffing in the Finance Department. Last year
there were some control matters in the Finance Department which were addressed by separating duties
but there is a limit as to the separation of duties with limited personnel. The town has grown in terms
of its financial activities and operations. In summary, the financial activities have grown tremendously
over the last several years and the Finance Department staff has not grown. This can lead to internal
control issues. We recommend a reevaluation of the level of activities currently being conducted in
comparison to the level of staffing in the Finance Department.
Documentation with respect to VDOT in matters where the town utilizes funds from the VDOT
program.
Mr. Clifford Wollard, of 203 Harrison Street, S.E., and treasurer of Calumet, Inc., addressed the
Council. He stated that Calumet, Inc., does business as the Leesburg Emporium and Smoke Shop.
He wished to bring three points up regarding the proposed cigarette tax. He stated that by putting a
15 cent tax on cigarettes would cause black marketing of cigarettes into Leesburg. Earlier this year the
Virginia General Assembly passed a law prohibiting the sale of tobacco products to persons under the
age of 18. The legitimate retailer is not selling to those persons under the age of 18. Those
entrepreneurs who deal in untaxed cigarettes don't bother to check for age. This should be taken into
consideration.
A second concern is the devastation this tax will have on small businesses. There was no talk fi'om
any of the major supermarkets or drug store chains. Because they can absorb any decrease in cigarette
purchases. They simply pass the decrease in sales into other produce, i.e., meats, vegetables, etc.
Basically we have a cost of living increase not just for the smoker but now for the nonsmoker. It also
impacts on those citizens of Leesburg who are on fixed incomes.
The third and most important issue is that for the state of Maryland and for the County of Faiffax it
is a felony to bring in certain quantities of cigarettes. There is a penalty and confiscation of the
cigarettes, car and money. The Town of Leesburg should also have this same penalty.
Mr. Eric Anderson, of Catoctin Investment Corporation which is in the process of developing Ha~west
Square Lot 5, addressed the Council. Catoctin Investment Corporation is trying to acquire the
necessary development permits by the end of this year in order to develop this property. One of the
items we failed to get was approval of the performance bond. We request that the Council consider
this matter as new business this evening.
Mr. Mason stated that staff has evaluated and approved the cost estimate for this project. The
development plan has received conditional approval and staff recommends Council's consideration of this
item as new business this evening.
MOTION
On motion of Ms. Bange, seconded by Mr. Lovin, this item will be taken up as item ll.(a) on the
agenda.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Kimball
PUBLIC HEARING
6.a. Special Exception Application #SE-91-04 Precision Tune by Dakota Enterprises
Ms. Vecchio addressed the Council presenting the staff report. She stated that this is an application
to allow a Precision Tune Automotive Service facility to locate in an existing building situated on the
southwest corner of the Southern States property on Catoctin Circle. The property is zoned B-2
Corridor Commercial which requires a special exception. The applicant will not make any changes to
the exterior of the building other then fencing off an area behind the building and providing new
signage for the facility. The Planning Commission recommended approval upon eight provisions. These
provisions are included in the Council's packet. One specific provision is that a sign plan be reviewed
and approved by the Council prior to approval of the special exception. The sign plan has been
submitted and is attached for the Council's review tonight. It does meet the ordinance requirements.
StAff believes that there will not be any adverse affects on any neighboring properties nor will it conflict
with existing or anticipated traffic in the area. The applicant has agreed to close the entrance directly
in front of the building due to its proximity to the intersection of Catoctin and South Street. Staff
believes this project will be an improvement to the site and recommends approval. Legislation has been
provided for Council's consideration.
Regular meeting minutes of December 10, 1991
There was no public comment.
Mayor Sevila closed the public hearing.
MOTION
On motion of Mr. Lovin, seconded by Ms. Bange, this item was taken out of turn.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Kimball
10. (h)
MOTION
On motion of Mr. Webb, seconded by Mr. Lovin, the following resolution was proposed and
unanimously adopted.
91-272 -RESOLUTION - APPROVING SPECIAL EXCEPTION APPLICATION #SE91-04 FOR
PRECISION TUNE AUTOMOTIVE SERVICE BY DAKOTA ENTERPRISES.
WHEREAS, Dakota Enterprises has requested a special exception to allow a Precision Tune
automotive service facility to locate at 212 Catoctin Circle, S.E.; and
WHEREAS, on November 21, 1991, the Leesburg Planning Commission recommended
conditional approval of this application; and
WHEREAS, the Council held a public hearing on December 10, 1991, to consider this
application; and
WHEREAS, the proposed use is compatible with surrounding land uses and zoning, and is
consistent with the specific review criteria and standards for vehicle and/or equipment service facilities
as set forth in Section 11-A-7(14) of the Leesburg Zoning Ordinance; and
WHEREAS, the Town Council may impose conditions and safeguards to ensure compliance with
the intent and objectives of the zoning ordinance:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows:
SECTION I. Special Exception Application #SE91-04 for Precision Tune automotive service
facility by Dakota Enterprises is hereby approved to allow a vehicle service use to occupy the existing
structure located on the southwest corner of the Southern States property on Catoctin Circle, subject
to the following conditions:
Improvements to the site, including parking, outdoor storage and landscaping shall be
in compliance with the attached concept plan dated December 10, 1991.
The facility may not include an outdoor storage area for abandoned, wrecked or
inoperable vehicles.
The outdoor area may be devoted to storage, loading and/or parking, and shall be
limited to the area designated on the proposed concept plan and screened from South
Street and the adjacent properties by fencing and landscaping. The existing fencing
along South Street should be replaced with a six-foot to eight-foot opaque screening.
The applicant shall remove the entrance on Catoctin Circle in compliance with the
requirements set forth in the Town's Design and construction Standards Manual, prior
to the issuance of a zoning permit.
Prior to the issuance of a zoning permit, the applicant shall submit a parking plan to
the Zoning Administrator demonstrating compliance with the ordinance.
Prior to occupancy any areas used for parking and/or outdoor storage shall be paved
in accordance with the Town's Design and Construction Standards Manual.
Prior to occupancy the applicant shall provide perimeter parking lot landscaping in
accordance with Section 9A-9(3) of the Zoning Ordinance.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Kimball
Regular meeting minutes of December 10, 1991
6. b. Zoning Ordinance amendment to Section 11A-4(13) Revocation of a Special Exception
Mr. Johnson addressed the Council presenting the staff report. He stated that the special exception
revocation clause is recent enabling legislation from the state code which gives the authority to the
Board of Zoning Appeals to revoke special exceptions that have been granted by them. The Planning
Commission voted unanimously to forward this to the Council.
There was no public comment.
Mayor Sevila closed the public hearing.
MOTION
On motion of Mr. Webb, seconded by Mr. Lovin, this item was taken out of turn.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Kimball
MOTION
On motion of Mrs. Forester, seconded by Mr. Clem, the following ordinance was proposed and
unanimously adopted.
91-0-54 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE SECTION 11A-4(13)
TO PROVIDE A PROCESS FOR THE REVOCATION OF SPECIAL EXCEPTIONS
AUTHORIZED BY THE TOWN COUNCIL
WHEREAS, Section llA-1 of the Leesburg Zoning Ordinance provides that certain uses should
be approved by the Town Council by special exception; and
and
WHEREAS, the Town Council may impose certain conditions to the special exception approval;
WHEREAS, the conditions of approval attached to the special exception may not be complied
with by the owner or operator; and
WHEREAS, a clear legislative and administrative process to correct potential problems that may
arise from the approval of a special exception should be provided as part of the special exception
process; and
WHEREAS, the existing text of the Zoning Ordinance does not provide for a specific means of
revoking a special exception for failure of the owner or operator to comply with the conditions of the
special exception:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Article 11, of the Leesburg Zoning Ordinance is hereby amended to include the
new section shown below:
Section llA-4. Application, Review and Enforcement Procedures.
(13)
Revocation of a Special Exception. A special exception approval may be revoked
by the Town Council upon non-compliance and/or violation of any condition
attached to the special exception, after notice and a public hearing pursuant
to Section 15.1-431 of the 1950 Code of Virginia, as amended.
SECTION II. All prior ordinances in conflict herewith are hereby repealed.
SECTION l/I. Severability. If any provision of this ordinance is declared invalid by a com~ of
competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any
remaining provisions of the zoning ordinance.
SECTION IV. This ordinance shall be in effect upon its passage.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Kimball
6. c. Zoning 0rdinan~e amendment - Storage and Use of Recreational Vehicles and Utility
Equipment in Residential Districts
Regular meeting minutes of December 10, 1991
Mr. Johnson addressed the Council presenting the staff report. He stated that the proposed regulations
were derived from complaints received by the Zoning Department mainly involving the storage of
recreational equipment within residential neighborhoods. Under the current zoning ordinance there
is no administrative process that can be utilized to correct these problems. The ordinance has been
designed to recognize the rights of property owners both to maintain and store equipment on their
private property but it also recognizes the rights of adjoining property owners so that their property
values are not diminished by the unsightly storage.
There was no public comment.
Mayor Sevila closed the public hearing.
MOTION
On motion of Mr. Webb, seconded by Mr. Clem, this matter was referred to the January 7, 1992,
Planning and Zoning Committee meeting for further discussion and consideration.
Mr. Lovin stated that he is a member of the Planning and Zoning Committee and would like to vote
on this issue tonight. He invited Mr. Webb to attend the committee meeting to discuss this matter.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Kimball
6. d. Town Code amendment to establish regulations and procedures for the grant of
additional cable television franchises
Mr. Brown addressed the Council presenting the staff report. He stated that Section 15.1-23.1 of the
1950 Code of Virginia, as amended authorizes towns to award more then one television franchise. If
the Town Council determines that the public welfare would be enhanced by the award of a second
franchise then the Council may do so. The Council must examine economic considerations, impact on
private property rights, impact on public convenience, public need and benefit and other such factors
before they authorize and initially hold a public hearing.
The proposed ordinance sets forth a procedure for submitting additional cable television franchises. It
requires the submission of information and it identifies criteria by which we can determine if the public
welfare is impacted, enhanced or benefited by additional franchises.
The proposed legislation has been through significant study by the Cable Commission, Multivision and
from representatives of Mid Atlantic Cable Company. We have worked to provide a compromise
document that protects the town's interest as well as provides, not necessarily an expensive process used
to evaluate cable television franchises.
Mr. Richard Hobson, with McGuire, Woods, Battle & Boothe Attorney of Record for Multivision,
addressed the Council. He stated that he has participated in the process by which the ordinance
amendment comes before the Council. We have met with the Cable Commission and representatives
of Mid Atlantic. This document is a compromise and we can support it as a reasonable compromise.
Mayor Sevila noted that Ms. Linda McGrath, Manager of Multivision, was present to address any
questions.
Mr. Bill McGolrick, representing .Cable Vision of Loudoun, addressed the Council. Mr. McGolrick's
statement is attached and made a part of the official record.
Councilman Webb stated that most of the issues that Mr. McGolrick raised were thoroughly discussed
at the Cable Commission meetings before they were brought before the Council.
Mr. Woody Turner, representing Mid-Atlantic Cable Company, addressed the Council. He stated that
on August 1, 1991 Mid-Atlantic submitted a proposal and request for an additional franchise in the
Town of Leesburg. On behalf of Mid-Atlantic, we support the ordinance. There is one provision that
we are concerned with and that is the lack of any limitation on the amount of expense that would be
incurred. We would like the opportunity to discuss this issue with the Council in the future.
Mayor Sevila stated that once the ordinance is adopted the Council will have to consider applications
such as the one submitted on August 1.
Mr. John Lebetcan, Vice President of Mid-Atlantic, was present to addressed any questions.
Mayor Sevila closed the public hearing.
MOTION
On motion of Mr. Webb, seconded by Mr. Clem, this matter was referred to the January 7, 1992,
Regular meeting minutes of December 10, 1991
Administration and Public Works Committee meeting for further discussion and consideration.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Kimball
COUNCILMEMBER COMMENTS
Mr. Webb had no comment.
Mr. Lovin stated that he was present at Saturday's Listening Session. The report has been forwarded
to the Town Manager.
Mr. Clem wished the town staff and citizens of Leesburg a Happy Holiday season.
He stated that he has received several calls regarding water bills and asked that Mr. Brown look into
these bills.
Mrs. Forester reminded everyone about the Christmas Concert on Saturday held by the Loudoun
Community Orchestra.
She wished everyone a happy and safe holiday season.
Ms. Bange wished to extend her sincere sympathies to the family of John T. Ours.
MANAGER'S REPORT
Mr. Brown stated that the Council received a copy of the written Activity Report.
The town has received several complaints and concerns regarding water bills. The town received today
a supply of water conservation kits that will be distributed, at no charge, to Leesburg residents.
A number of months ago we talked about the possibility of the town pursuing a tax anticipation loan
to resolve a cash flow problem. It now looks like we will no longer have to pursue this.
First Nite Leesburg is scheduled to take place on December 31. The Committee needs volunteers. If
any members of the public would like to participate in this fun event please contact Nancy Fixx. The
event will cost $4.00 for each button.
MAYOR'S REPORT
Mayor Sevila stated that he and Peter Stephenson met this week with the newly constituted Economic
Development Advisory Commission. All fifteen members were present for the meeting and two
members of Council, Ms. Bange and Mr. Clem. We were very encouraged with the enthusiasm, energy
and creativity of this group promises that the economic activity in our community is alive and well.
The committee broke up into three separate committees. One is the liaison committee with other
similarly motivated organizations in our community. The other two committees are business retention
and business attraction.
Mayor Sevila stated that he does not intend to seek reelection next year. He felt that it was necessaw
to make this announcement tonight to let his intentions be known early so that those interested in
running for the position of Mayor would have plenty of opportunity to prepare.
He stated that these are difficult times for municipalities throughout our country. I have confidence
in Leesburg's future because Leesburg is a unique, charming, historic community that provides a
wonderful quality of life to all of us who live and work here. It will take a lot of work but Leesburg
will survive, grow and prosper. My decision has been a long time in the making. Actually I decided
not to run for office in the last election in 1990 but friends urged me to reconsider. The town was in
the midst of major projects and I thought it was my responsibility to see them through and I am glad
that I did. In ten years I have had many challenges and accomplished much. All of which I will be
very proud of for a long time. There have also been some disappointments and some frustrations but
that goes with the turf. The challenges and complexities of municipal government are exciting but they
are also demanding. To serve effectively requires dedication and commitment. My family has supported
me through the years and they have paid a significant price in the sacrifices that they have made. It
has not always been easy. My son Chip is fourteen years old. He was four when I announced for
office. My daughter Sally will leave for college this fall and she was in the second grade. My daughter
Tracy was a freshman at Loudoun County High School. She has now graduated from high school,
graduated from college and owns and operates her own business here in Leesburg. She will be married
this spring. My wife Nancy is a school teacher at J. Lupton Simpson Middle School. She has been
my most loyal and faithful supporter since the day I first announced in 1982. Her sacrifice has been
the greatest because on many occasions when I was not there to be the husband and the father she
had to pick up the slack which she always cheerfully did. They are the most important people in my
life. I am proud of my family and I love them very much and I look forward to spending more time
with them. During the next six months I intend to continue to be a vigorous and enthusiastic
participant in town government. Thereafter, I will remain dedicated to the town, to the activities of
Regular meeting minutes of December 10, 1991
the town council and the citizens of this town because I love Leesburg and it is my home. I hope my
early announcement well in advance of the spring elections will give anybody who would like to run
for Mayor plenty of time to plan and prepare.
LEGISLATION
lO.
Mr. Brown addressed the Council summarizing the proposed ordinance. He stated that the ordinance
establishes the procedure and the necessary legislation required to implement a cigarette tax within the
Town of Leesburg. Any cigarettes sold in the town would be subject to a tax. The rate per pack has
not been established nor has it been recommended by the committee. Staff at the direction of Council
advertised the public hearing at 15 cent per pack. There has been significant discussion about the rate.
The rate has been left blank for consideration tonight. The purpose for the proposed legislation is to
assist in relieving the burden on the property owner.
MOTION
Mr. Lovin made a motion to propose the following ordinance and to consider 7.5 cent tax on cigarettes.
The motion was seconded by Mrs. Forester.
91-0-55 - ORDINANCE - AMENDING THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, AS
AMENDED, BY THE ADDITION OF ARTICLE VII "CIGARETTE TAX" TO
CHAPTER 17, "TAXATION AND LICENSES" IN ORDER TO IMPOSE A TAX
ON CIGARETTES SOLD IN THE TOWN OF LEESBURG
WHEREAS, the Town of Leesburg under Section 3-1 of its Charter and Section 15.1-841, Code
of Virginia (1950), as amended, is authorized to enact taxes on property and other lawful subjects as
in the judgment of the Town Council are necessary to pay the debts, defray the expenses, accomplish
the purposes and perform the functions of the town; and
WHEREAS, under Sections 58.1-3840, 58.1-3830, 58.1-3831 and 58.1-3832, Code of Virginia
(1950) as amended, and the aforesaid authority, the town is authorized to levy a tax upon cigarettes
sold within the town; and
WHE~, this Council deems the levy of such a tax on cigarettes necessary to pay the debts,
defray the expenses, accomplish the purposes and perform the functions of the town; and
WHEREAS, a public hearing was held on November 26, 1991, as required by the Town Code:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Code is amended by adding an article to be numbered Article VII,
which said article reads as follows:
ARTICLE VII - CIGARETTE TAX
Section 17-146. Definitions.
For the purpose of this Article the following words and phrases shall have' the meanings
respectively ascribed to them by this Section:
(a) Board shall mean the Town of Leesburg; any agen .cy or authority of the Town of
Leesbur~ for the administration and enforcement of the cigarette tax ordinance; or any agency or
authority for the administration and enforcement of the cigarette tax ordinance to which the Town of
Leesburg, pursuant to the authorities contained in Section 15.1-21 of the Code of Virginia of 1950, as
amended, delegates such administrative and enforcement pursuant to the provisions of Section 58.1-
3832 of the Code of Virginia of 1950, as amended.
(b) Carton shall mean any container, regardless of material used in its construction, in
which ten (10) packages of twenty (20) cigarettes are placed.
(c) Cigarette shall mean and include any roll of any size or shape for smoking, whether
filtered or unfiltered, with or without a mouthpiece, made wholly or partly of cut. shredded or crimped
tobacco or other plant or substitute for tobacco, whether the same is flavored, adulterated or mixed with
another ingredient, if the wrapper or cover is made of any material other than leaf tobacco or
homogenized leaf tobacco, regardless of whether the roll is labeled or sold as a cigarette or by any other
name.
(d) Town shall mean Town of Leesburg. Virginia.
(e) Dealer shall mean and include eve .ry manufacturer's representative, self wholesaler,
retailer, vending machine operator, public warehouseman or other person who shall sell, receive, store,
possess, distribute or transport cigarettes within or into the town.
(f) Package shall mean and include any container, regardless of the material used in its
construction in which separate cigarettes are placed without such cigarettes being placed into any
container within the package. Packages are those containers of cigarettes from which they are
Regular meeting minutes of December 10, 1991
consumed by their ultimate user. Ordinarily a package contains twenty (20) cigarettes; however,
"package" includes those containers in which fewer or more than twen .ty (20) cigarettes are placed.
(g) Person shall mean and include any individual, firm, unincorporated association,
company, corporation, joint stock company, group, agency, syndicate, trust or trustee, receiver, fiduciary,
partnership and conservator. The word "person" as applied to a partnership, unincorporated association
or other joint venture means the partners or members thereof, and as applied to a corporation shall
include all the officers and directors thereof.
(h) Place of business shall mean and include any place where cigarettes are sold, placed,
stored, offered for sale or displayed for sale or where cigarettes are brought or kept for the purpose of
sale, consumption or distribution, including vending machines, by a dealer within the town.
Registered agent shall mean and include every dealer and other person who shall be
required to report and collect the tax on cigarettes under the provisions of this Article.
Retail dealer shall mean and include every person who, in the nsual course of business,
purchases or receives cigarettes from any. source whatsoever for the purpose of sale within the town
to the ultimate consumer; or any person who, in the usual course of business, owns, leases, or
otherwise operates within his own place of business, one or more cigarette vending machines for the
purpose of sale within the town of cigarettes to the ultimate consumer; or any person who, in any
manner, buys, sells, stores, transfers, or deals in cigarettes for the purpose of sale within the town to
the ultimate consumer, who is not licensed as a wholesaler, or vending machine operator.
(k) Sale or sell shall mean and include every act or transaction, regardless of the method
or means employed, including barter, exchange, or the use of vending machines or other mechanical
devices or a criminal or tortious act whereby either ownership or possession, or both, of any cigarettes
shall be transferred within the town from a dealer as herein defined to any other person for a
consideration.
(1) Stamp shall mean a small gummed piece of paper or decal used to evidence provision
for payment of the tax as authorized by the Board required to be affixed to every oacka~e of cigarettes
sold or used within the town.
(m) Store or storage shall mean and include the keeping or retention of cigarettes in this
town for any purpose except sale in the regular course of business.
(n) Use shall mean and include the exercise of any right or power over any cigarettes or
packages or cigarettes incident to the ownership or possession of those cigarettes or packages of
cigarettes including any transaction where possession is given or received or otherwise transferred, other
than a sale.
(o) User shall mean any person who exercises any right or power over any cigarettes or
packages of cigarettes subject to the provisions of this Article incident to the ownership or possession
of those cigarettes or packages of cigarettes or any transaction where possession is given or received or
otherwise transferred, other than a sale.
Section 17-147. Levy and rate.
In addition to all other taxes of every kind now or hereinafter imposed by law, there is hereby
levied and imposed by the town upon eve .ry person who sells or uses cigarettes within the town from
and after the effective date of this Article an excise tax equivalent to five cents for each package
containing twenty (20) cigarettes and 2.5 mills for each cigarette contained in packages of fewer or more
than twenty (20) cigarettes sold or used within the town. The tax shall be paid and collected in the
manner and at the time hereinafter prescribed; provided, that the tax payable for each cigarette or
cigarette package sold or used within the town shall be paid but once. The tax hereby levied shall not
apply to free distribution of sample cigarettes in packages containing five (5) or fewer cigarettes.
Section 17-148. Delegation of Administration.
(a) The town manager is authorized to enter into a written contract on behalf of the Town
of Leesburg delegating the administrative and enforcement authority under this Article to the Northern
Virginia Cigarette Tax Board or its successors or any other agency or authority which qualifies pursuant
to the provisions of Section 15.1-21 of the Code of Virginia of 1950, as amended.
(b) The agency or authority so delegated is authorized to promulgate such rules and
regulations, as it,. deems appropriate, governing:.
(1) The display of cigarette stamps in vending machines;
(2) The placement of tax liens against property of taxpayers hereunder;
(3) The extending of va .tying discount rates;
The establishing of different classes of taxpayers or those required to collect and
remit the tax;
(5) The requirements concerning keeping and production of records]
Regular meeting minutes of December 10, 1991
(6) The administrative and jeopardy assessment of tax where reasonably justified~
(7) The required notice to authorities of sale of taxpayer's business;
(8) The audit requirements and authori ,ty;
The criteria for authority of distributors and others to possess untaxed cigarettes;
and
(10) Any and all powers granted by the provisions of Section 58.1-382(9) of the Code
of Virginia of 1950, as amended, or necessarily implied therefrom.
(c) Any agency or authori .ty so delegated by the town manager on behalf of the Town of
Leesburg pursuant to the provisions of paragraph (a) of this section immediately hereinabove, is
authorized to:
(1) Issue a common revenue stamp;
(2) Employ legal counsel;
Bring appropriate court action in its own name where necessary to enforce
payment of the cigarette taxes or penalties;
Provide cigarette tax agents and the necessary enforcement supplies and
equipment needed to effectively enforce the cigarette tax ordinance.
Section 17-149. Methods of collection.
(a} The tax imposed by this Article shall be evidenced by the use of a stamp and shall be
paid by each dealer or other person liable for the tax under a reporting method deemed by the Board
to carry out the provisions of this Article. The stamps shall be affixed in such a manner that their
removal will require continued application of water or stream. Each dealer or other person liable for
the tax is hereby required, and it shall be his duty, to collect and pay the tax and report separately for
packages of twenty (20) cigarettes o forms prescribed for this purpose by the Board~
(1) The quantity of Board-stamped cigarettes sold or delivered to:
collected;
Each registered agent appointed by the Board for which no tax was
(b) Each manufacturer's representative; and
Each separate person and place of business within the town during the
preceding calendar or fiscal month; and
(2) The quanti .ty of Board stamps on hand, both affixed and unaffixed on the first
day and the last day of the preceding calendar or fiscal month and the quantity of Board stamps or
Board stamped cigarettes received during the preceding calendar or fiscal month; and
(3) The quanti .ty of cigarettes on hand to which the Board stamp had not been
affixed on the first and last day of the preceding calendar or fiscal month and the quanti .ty of cigarettes
received during the preceding calendar or fiscal month to which the Board stamp had not been affixed;
and
(4) Such further information as the administrator for the board may require for the
proper administration and enforcement of this Article for the determination of the exact number of
cigarettes in the possession of each dealer or user.
Each dealer or other person liable for the tax shall file such reports with the Board and
pay the tax due to the Board between the first and twentieth day after the close of each calendar or
fiscal month, and shall furnish a copy of any cigarette tax reports submitted to the Virginia Department
of Taxation for the previous month.
(c) When, upon examination and audit of any invoices, records, books, cancelled checks or
other memoranda touching on the purchase, sale, receipt~ storage or possession of tobacco products
taxed herein~ any dealer or other person liable for the tax is unable to furnish evidence to the Board
of sufficient tax payments and stamp purchases to cover cigarettes which were sold, used, stored,
received, purchased or possessed by him, the prima facie presumption shall arise that such cigarettes
were received, sold, used, stored, purchased or possessed by him without the proper tax having been
paid. The Board shall, from the results of such examination and audit based upon such direct or
indirect information available, assess the tax due and unpaid and impose a penal .ty of ten (10) percent
and interest of ten percent per annum of the gross tax due.
(d) When any dealer or other person liable for the tax files a false or fraudulent report or
fails to file a report or fails to perform any act or performs any act to evade payment of the tax, the
Board shall administratively assess the tax due and unpaid and impose a penal .ty of fifty (50) percent
and interest of ten percent per annum of the gross tax due.
Regular meeting minutes of December 10, 1991
(e) The dealer or other person liable for the tax shall be notified by certified mail of such
deficien .cy and such tax, penalty and interest assessed shall be due and payable within ten (10) days
after notice of such deficiency has been issued. Every dealer or other person liable for the tax shall
examine each package of cigarettes to ensure that the Board stamp has been affixed thereto prior to
offering them for sale.
(f) Any dealer or other person liable for the tax who shall receive cigarettes not beating
the Board stamp shall, within one hour of receipt of such cigarettes, commence and with all reasonable
diligence continue to affix the Board stamp to each and every package of cigarettes until all unstamped
packages of cigarettes have been stamped and before offering such cigarettes for sale. Any dealer or
other person liable for the tax who has notified the Board that he is engaged in interstate or intrastate
business shall be permitted to set aside such part of his stock as may be legally kept for the conduct
of such interstate or intrastate business (that is, cigarettes held for sale outside the iurisdiction of the
Board) without affixing the stamps required by this Article. Any such interstate or intrastate stock
shall be kept entirely separate and apart from the Board-stamped stock, in such a manner as to prevent
the commingling of the interstate or intrastate stock with the Board stock. Any dealer or other person
liable for the tax found to have had untaxed cigarettes which have been lost. whether by negligence,
the~ or any other unaccountable loss, shall be liable for and shall pay the tax due thereon.
(g) It shall also be the duty of each dealer or other person liable for the tax and he is
hereby required to maintain and keep for a period of three (3) years, not including the current calendar
year, records of cigarettes received, sold, stored, possessed, transferred or handled by him in any
manner, whatsoever, whether the same were stamped or unstamped, to make all such records available
for audit~
inspection and examination and to make available at all reasonable times the means, facilities and
opportuni .ty for making such audit, inspection or examination upon demand of the Board.
Section 17-150. Registered Agents.
(a) Any dealer or other person liable for the tax who shall sell, use, store, possess, distribute
or transport cigarettes within or into the town shall first make application to the Board to quail .fy as
registered agent. Such application blank, which shall be supplied upon request~ shall require such
information relative to the nature of the business engaged in by said applicant as the Board deems
necess~ .ry. Such applicant shall provide a surety bond to the Board of one hundred fifty. (150) percent
of his average monthly tax liabili .ty or fifty thousand dollars ($50,000.00), whichever is less, with a
surety company authorized to do business in the State of Virginia. Such bond shall be so written that~
on timely payment of the premium thereon, it shall continue in force from year-to-year. Any applicant
whose place of business is outside the town shall automatically, by filing his application, submit himself
to the Board's legal jurisdiction and appoint the Administrator for the Board as his agent for any
service of lawful process.
Upon receipt of the properly completed application, and the required surety bond
executed, the Board shall issue to said applicant a permit to qualify him as a registered agent to
purchase, sell, use, store, possess, distribute or transport 'within or into the town, Board-stamped
cigarettes.
Co) Registered agents shall agree to the reporting and payment requirements placed upon
him by this Article and the rules and regulations as from time-to-time may be promulgated by the
Board. In his reporting and ~awnent of the tax, the registered agent shall be allowed a discount" as
the Board may determine not to exceed .0175 cents per carton sold or delivered by him. When any
registered agent's monthly report and payment of the tax is not received within the dates prescribed,
the Board shall disallow any discount taken up to a maximum amount of five hundred dollars ($500.00!,
and shall impose a late reporting penal .ty of ten (10) percent of the gross tax due or ten dollars ($10.00),
whichever is greater, but in no event more than five hundred dollars ($500.00). The Board may also
require such registered agent to provide proof that he has complied with all applicable State laws to
legally conduct such business and to file financial statements showing all assets and liabilities. The
Board may revoke any registered agent's permit if such bond, as required, is impaired for any reason.
(c) After adoption of this Article, dealers or other persons liable for that tax who shall sell,
use, store, possess, distribute or transport tobacco products within or into the town shall be allowed
thirty (30) days to become qualified as a registered agent.
Section 17-151. Notice of Intention by Retail Dealers.
(a) Retail dealers who shall sell, offer for sale, store, possess, distribute, purchase, receive
or transport cigarettes in or into the town shall notify the Board, in writing, of the supplier of such
cigarettes and the name and address and the Virginia Retail Sa]es and Use Certificate of Registration
number for each separate place of business. Possession of a Virginia State Retail Sales and Use Tax
Certificate and a Virginia State Retail Tobacco License and, where applicable, a retail business license
issued by the town for each separate place of business by a retail dealer shall be considered sufficient
written notification to the Board.
(b) No retail dealer, as defined herein, who shall have complied with the provisions of the
Article and who purchases only tax-paid Board-stamped cigarettes for each separate place of business
shall be required to qualify as a registered agent.
Regular meeting minutes of December 10, 1991
Section 17-152. Sale of Cigarette in Vending Machines; Contraband.
(a) Any cigarettes placed in any coin-operated vending machine shall be presumed for sale
within the town. Any vending machine located within the town containing cigarettes placed so as to
not allow visual inspection of the Board stamp through the viewing area as provided for the vending
machine manufacturer shall be in violation of this Article.
Any cigarettes, coin-operated vending machines, counterfeit stamps, or other property
found in violation of this Article shall be declared contraband goods and may be seized by the Board.
In addition to any tax due, the dealer or other person liable for the tax possessing such untaxed
cigarettes shall be subject to civil and criminal penalties herein provided.
(c) In lieu of seizure, the Board may seal such vending machines to prevent continued
illegal sale or removal of such cigarettesi The removal of such seal from a vending machine by any
unauthorized person shall be a violation of this Article. Nothing in this Article shall prevent the
seizure of any vending machine at any time after it is sealed.
(d) All cigarette vending machines shall be plainly marked with the name, address and
telephone number of the owner of said machine.
Section 17-153. nlegal Acts.
for the tax:
It shall be unlawful and a violation of the Article for any dealer or other person liable
(1) To perform any act or fail to perform any act for the purpose of evading the
payment of any tax imposed by this Article or of any part thereof, or to fall or refuse to perform any
of the duties imposed under him under the provisions of the Article or to fail or refuse to obey any
lawful order which may be issued under this Article~ or
(2) To falsely or fraudulently make, or cause to be made~ any invoices or reports,
or to falsely or fraudulently forge, alter or counterfeit any stamp, or to procure or cause to be made,
forged, altered or counterfeited any such stamp, or knowingly and willfully to alter, publish, pass or
tender as true any false, altered, forged or counterfeited stamp or stamps~ or
(3) To sell, offer for sale, or authorize or approve the sale of any cigarettes upon
which the Board stamp has not been affixed~ or
(4) To possess, store, use authorize or approve the possession, storage or use of any
cigarettes in quantities of more than sixty (60) packages upon which the Board stamp has not been
affixed~ or
(5) To transport~ authorize or approve the transportation of any cigarettes in
quantities of more than sixty (60) packages into or within the town upon which the Board stamp has
not been affixed, if they are:
(a) N~t accompanied by a bill of lading or other document indicating the
true name and address of the consignor or seller and the consignee or purchaser and the brands and
quantity of cigarettes transported~ or
(b) Accompanied by a bill of lading or other document which is false or
fraudulent in whole or part~ or
(c) Accompanied by a bill of lading or other document indicating-.
(i) A consignee or purchaser in another state or the District of
Columbia who is not authorized by the law of such other jurisdiction to receive or possess such tobacco
products on which the taxes imposed by such other jurisdiction have not been paid unless the tax on
the jurisdiction of destination has been paid and said cigarettes bear the tax stamps of the jurisdiction;
or
(ii) A consignee or purchaser in the Commonwealth of Virginia but
outside the taxing jurisdiction who does not possess a Virginia Sales and Use Tax Certificate, a Virginia
retail tobacco license and, where applicable, or a business license and a retail tobacco license issued by
the local jurisdiction of destination; or
(6) To reuse or refill with cigarettes any package from which cigarettes have been
removed, for which the tax imposed has been theretofore paid; or
(7) to remove from any package any stamp with intent to use or cause the same
to be used after same has already been used or to buy, sell, or offer for sale or give away any used,
removed, altered or restored stamps to any person, or to reuse any stamp which had therefore been
used for evidence of the payment of any tax prescribed by this Article or to sell, or offer to sell, any
stamp provided for herein.
Section 17-154. Jeopardy Assessment.
If the Board determines that the collection of any tax or any amount of tax required to be
collected and paid under this Article will be jeopardized by delay, the Board shall make an assessment
of the tax or amount of tax required to be collected and shall mail or issue a notice of such assessment
to the taxpayer together with a demand for immediate payment of the tax or of the deficiency in tax
declared to be in ,ieopardy including penalties and interest. In the case of a current period, for which
the tax is in jeopardy, the Board may declare the taxable period of the taxpayer immediately terminated
Regular meeting minutes of December 10, 1991
and shall cause notice of such finding and declaration to be mailed or issued to the taxpayer together
with a demand for immediate payment of the tax based on the period declared terminated and such
tax shall be immediately due and payable, whether or not the terms otherwise allowed by this Article
for filing a return and paying the tax has expired.
Section 17-155. Erroneous Assessment: Notices and Hearings in the Event of Sealing of
Vending Machines or Seizure of Contraband Property..
(a) Any person assessed by the Board with a cigarette tax, penalties and interest or any
Person whose cigarettes, vending machines and other property, have been sealed or seized under
processes of this Article who has been aggrieved by such assessment~ seizure, or sealing may file a
request for a hearing before the Board for a correction of such assessment and the return of such
property, seized or sealed.
Co) Where holders of property, interest in cigarettes, vending machines or other property
are know at time of seizure or sealing, notice of seizure or sealing shall be sent to them by certified
mail within twenty-four (24) hours. Where such holders of property, interests are unknown at time of
seizure or sealing, it shall be sufficient notice to such unknown interest holders to post such notice to
a door or wall of the room or building which contained such seized or sealed property. Any such notice
of seizure or sealing shall include procedures for an administrative hearing for return of such property
seized or sealed as well as affirmative defenses set forth in this section which may be asserted.
(c) Such hearing shall be requested within ten (10) days of the notice of such assessment~
seizure, or sealing and shall set forth the reasons why said tax, penalties and interest and cigarettes,
vending machines or other property should be returned or released. Within five (5) days after receipt
of such hearing request the Board shall notify the petitioner by certified mail of a date and time for
the informal presentation of evidence at a hearing to be held within fifteen (15) days of the date
notification is mailed. Any such request for hearing shall be denied if the assessed tax, penalties and
interest has not been paid as required or if the request is received more than ten (10) days from first
notice to the petitioner of such seizure or sealing. Within five (5) days after the hearing, the Board
shall notify the petitioner, by registered mail, whether his request for a correction has been granted or
refused.
(d) Appropriate relief shall be given by the Board if it is proven by the preponderance of
the evidence that the illegal sale or use of such seized cigarettes or vending machine or other property
was not-intentional on the part of the petitioner, and that said seized cigarettes were in the possession
of a person other than the petitioner without the petitioner's consent at the time said cigarettes,
vending machines or other property were seized or sealed or that petitioner was authorized to possess
such untaxed cigarettes. If the Board is satisfied that the tax was erroneously assessed, it shall refund
the amount erroneously assessed together with any interest and penalties paid thereon and shall return
any cigarettes, vending machines or other property seized or sealed to the petitioner, any petitioner
who is unsatisfied with the written decision of the Board may within thirty (30) days of the date of said
decision, appeal such decision to the appropriate Court in the .jurisdiction where the seizure or sealing
occurred.
Section 17-156. Disposal of Seized Property..
Any seized .and confiscated cigarettes, vending machines or other property used in the
furtherance of any illegal evasion of the tax may be disposed of by sale or other method deemed
appropriate by the Board after any petitioner has exhausted all administrative appeal procedures. No
credit from any sale of cigarettes, vending machines, or other property seized shall be allowed toward
any tax and penalties assessed.
Section 17-157. Extensions.
The Board, upon a finding of good cause may grant an extension of time to file a tax report
upon written application therefore, until the end of the calendar or fiscal month in which any tax report
is due hereunder, or for a period not exceeding thirty. (30) days. In no case shall a request for an
extension of time to file a tax report be granted by the Board when such request is not received within
the due date for filing such tax report. No interest or penal .ty shall be charged, assessed or collected
by reason of the granting of such an extension. Where such extension is' granted beyond the end of
the calendar or fiscal month in which any tax report is due, hereunder, interest on the tax at a rate
of ten percent per annum shall be charged.
Section 17-158. Penalty for Violation of Article.
Any persons violating any of the provisions of this Article shall be guilty of a Class I
misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand
dollars ($1,000.00) or imprisonment of not more than twelve (12) months or by both such fine and
imprisonment. Such fine and/or imprisonment shall not relieve any such person from the payment of
any tax~ penalty or interest imposed by this Article.
Section 17-159. Each Violation a Separate Offense.
The sale of any quanti .ty or the use, possession, storage or transportation of more than sixty
(60) packages of cigarettes upon which the Board stamp has not been affixed shall be and constitute
a separate violation. Each continuing day of violation shall be deemed to constitute a separate offense.
Section 17-160. Severability.
If any section, phrase, or part of this Article should for any reason be held invalid by a Court
Regular meeting minutes of December 10, 1991
of competent jurisdiction, such decision shall not affect the remainder of the Article, and every
remaining section, clause, phrase or part thereof shall continue in full force and effect.
This ordinance shall be in effect upon its passage..
DISCUSSION
M'r. Lovin stated that he supports the cigarette tax in Virginia. Towns in Virginia are' limited with
sources of revenue that they can raise through taxation. In today's time our town needs to join other
towns in trying to raise revenue in any matter delegated to us through the state legislation. The
shortfall that Leesburg finds itself in - $1.7 million is something that must be addressed. While it may
be politically popular to not favor any tax or to favor a very small tax is not very financially responsible.
We have to deal on the broad basis with raising revenues. To turn our back on a source with the
budget shortfall that Leesburg is facing is not financially responsible. If it is politically unpopular then
so be it. The surrounding towns, that we compare ourselves with, have 15 cent tax rates. Staff
recommends 15 cents. I cannot support 15 cents in today's climate but I will support 7.5 cents. A 7.5
cent cigarette tax would have a projection of $125,030.
Ms. Bange stated that she believes the town will have to have a tax on cigarettes at some time. We
have asked staff to provide the Council with a budget showing no tax increases. One of the speakers
tonight stated that when we impose a cigarette tax we need legislation to accompany the tax to protect
ourselves and businesses. She stated she would support Mr. Lovin's proposal but with the situation
as it is right now she could not support it tonight. Perhaps at a later time.
Mr. Clem stated that the big businesses are not going to suffer they will have a way to distribute the
increase. Small businesses are going to suffer. He stated that he talked with Mr. Stocks and his son
and they felt that they could absorb a 5 cent increase and it would not be a major impact. He stated
that he could support a 5 cent tax.
Mayor Sevila stated that this matter came before the Council as proposed legislation after each member
of Council had interviews with the town staff. It was pointed out that many localities throughout the
state of Virginia use this method of tax to supplement their taxes. It is through this kind of tax that
you are able to keep property taxes and other forms of taxes and rates at a lower level. All seven
members of Council did favor the adoption of a cigarette tax. Unfortunately when the item went to
public hearing we had not adopted, discussed or informally agreed upon a rate.
He stated that he has talked with several of the merchants in town about their concerns and there is
a disparity that adversely affects our town merchants. There are always the overriding double taxation
issues that they face on their personal property and real property that gives them an unfair advantage
when they compete with merchants in the county. This would be one more way in which the
competition between the county merchants and town merchants would be skewed yet again in favor
of county merchants. The county has included this cigarette tax in their legislative packet. Mayor
Sevila suggested that when that tax is imposed in the county it will equalize any disparity and
unfairness between merchants in Leesburg and merchants in the county. He recommends adoption of
a 5 cent cigarette tax.
Mr. Lovin amended his original motion to reduce the 7.5 cents to 5 cents. Mrs. Forester seconded the
motion.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Kimball
lo.
Mr. Lovin made a motion to make this item the subject of an Executive Session to be held on
December 18, 1991.
10. (e)
Mr. Brown addressed the Council briefly summarizing the proposed legislation.
MOTION
On motion of Mrs. Forester, seconded by Mr. Clem, the following ordinance was proposed and
unanimously adopted.
91-0-56 - ORDINANCE - AMENDING ADOPTED TOWN OF LEESBURG ORDINANCE NO. 91-0-
39, AND CHAPTER 5.2, SECTION 5.2-1 OF THE LEESBURG TOWN CODE,
REGARDING THE COMPOSITION OF AND ATTENDANCE POLICIES FOR THE
ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
WHEREAS, on July 15, 1991, the Town Council directed the Economic Development Advisory
Committee to examine its Charter and to provide recommendations for possible amendments which
would expand and strengthen the town's economic development efforts; and
WHEREAS, on August 21, 1991, the Economic Development Advisory Committee recommended
enlarging the membership, allowing for the appointment of non-residents, and staggering terms; and
Regular meeting minutes of December 10, 1991
WHEREAS, these recommendations and other suggestions were discussed at the September 3,
1991 Administration and Public Works Committee of the Town Council; and
WHEREAS, on November 12, 1991, the Economic Development Advisory Committee members
were appointed for a term of two years, expiring June 30, 1993; and
WHE~, the Town Council has additionally recommended that the conditions set forth in
adopted Ordinance No. 91-0-39, regarding committee attendance policies, be amended:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Town of Leesburg Ordinance No. 91-0-39, and Chapter 5.2, Section 5.2-1 of the
Leesburg Town Code are hereby amended to read as follows:
Sec. 5.2-1. Committee established; general composition; meetings.
(a) The Leesburg Economic Development Advisory Committee is hereby established.
The committee shall consist of fifteen members who shall either be residents of the town, town property
owners, or anyone employed in the town. One of the members shall be a member of the council,
appointed by the council, whose term of office shall correspond to his official tenure of office as a
councilmember. One of the members shall be the assistant town manager for economic development
and administration. The remaining thirteen members shall be appointed by the council. Members
..v..~T ....... ...... ~._.._ ....... _~.~.v...w_;-*^~ .... ;. ~ ~a~.v_ shall serve terms of two years beginning on July first of the year of
appointment. ~ *~ .... r+~ ~.. ~.~ ~.~.~ ~ ........ ~*~^~* ~ * ..... ~ *~ ~,'c~.
(b) The committee shall elect its chairman annually and the assistant town manager
for economic development and administration shall serve as secretary. The committee shall meet
monthly or more often as determined by the committee. The chairm-"-nperson is required to report any
attendance problems to the Town Council, whom has the authority to require a member to resign if
the said member is absent from three consecutive monthly meetings.
SECTION II. All prior ordinances in conflict herewith are repealed.
SECTION III. This ordinance shall be effective upon its passage.
VOTE
Aye: Councilmembers Clem, Forester, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Bange, Kimball
10. (0
Mr. Brown addressed the Council briefly summarizing the proposed legislation.
MOTION
On motion of Mr. Webb, seconded by Mrs. Forester, the following ordinance was proposed and
unanimously adopted.
91-0-57 -ORDINANCE - AMENDING ADOPTED TOWN OF LEESBURG ORDINANCE NO. 91-0-
49, AND 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
WHEREAS, prior to the adoption of Ordinance No. 91-0-39, and 91-0-49, there were no existing
attendance requirements for the town's advisory commissions; and
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, was desired for the other
town advisory commissions and Ordinance No. 91-0-49 was adopted on October 9, 1991; and
WHEREAS, the Planning Commission and Board of Architectural Review meet more frequently
than the other appointed advisory commissions; and
WHEREAS, after further consideration, the Town Council has recommended that the conditions
set forth in adopted Ordinance No. 91-0-49, regarding committee/commission attendance policies, be
Regular meeting minutes of December 10, 1991
amended:
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 chairm-_nperson is required to report any
attendance problems to the Town Council, which 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
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 chairm"_nperson is required to report any attendance problems to the Town Council, which has the
authority to require a member to resign if the said member is absent from three consecutive, regular
monthly meetings.
SECTION III. 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 town manager, or his designee, shall
serve as secretary. The commission shall meet monthly or more often as determined by the
commission. The chairm~nperson is required to report any attendance problems to the Town Council,
which has the authority to require a member to resign ff 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 1 of each year and
the town manager, or his designee, shall ser~e a secretary. The commission shall meet monthly or
more often as determined by the commission. The chairm~nperson is required to report any attendance
problems to the Town Council, which 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 ~aff. The commission shall fix the time for holding regnlar meetings and shall meet
every month. The chairm---nperson is required to report any attendance problems to the Town Council~
which has the authority'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 chairm-"-nperson of the board of
architectural review, as established in Article 16, Section 16A-4 of the Leesburg Zoning Ordinance, is
required to report any attendance problems to the Town Council~ which has the authority to require
a member to resign if the said member is absent from four consecutive, regularly scheduled meetings.
SECTION VII.
Ail prior ordinances in conflict herewith are repealed.
SECTION VIII.
This ordinance shall be effective upon its passage.
VOTE
Aye: Councilmembers Clem, Forester, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Bange, Kimball
10. (g)
MOTION
On motion of Mrs. Forester, seconded by Mr. Lovin, the following ordinance was proposed and
unanimously adopted.
91-0-58 - ORDINANCE - AMENDING THE TOWN CODE TO RAISE PARKING METER FEES IN
THE DOWNTOWN AREA
WHEREAS, fees for parking in the new downtown parking facility will be implemented effective
Regular meeting minutes of December 10, 1991
January 2, 1992; and
WHEREAS, the hourly rate established for parking in the facility will be $0.50/hour; and
WHEREAS, the current hourly rate for on-street metered parking is $0.35/hour; and
WHEREAS, the rates for street parking and the parking facility should be equivalent.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 10-176(c) of the Town Code is hereby amended to read as follows:
(c) Parking meters located where two-hour or three-hour maximum parking is
permitted when properly operated shall be so adjusted that initial or additional five-cent or ten-cent
coins may be deposited at any time throughout the two-hour or three-hour period, as long as the two-
hour or three-hour limit is not exceeded by any one vehicle occupying the same space. Unless
otherwise stated in this ordinance, the deposit of each five-cent coin shall permit the vehicle to be
parked for a period of 7.5 minutes; and the deposit of each ten-cent coin shall permit the vehicle to be
parked for a period of 15 minutes; and the deposit of each 25-cent coin shall permit the vehicle to be
parked for a period of 45 minutes. Parking meters located on Market Street between Church Street
and Liberty Street` on Loudoun Street between Church Street and Wirt Street, on King Street between
Cornwall Street and Loudoun Street and on Wirt Street shall require the deposit of a 25-cent coin for
each 30-minute increment up to the meter's maximum time limit.
SECTION II. This ordinance shall be in effect on January 2, 1992.
DISCUSSION
Mr. Lovin stated that with only 22 more days of free parking left in the garage that the town have a
uniform parking fee. He will support the 50 cent parking fee throughout the town.
VOTE
Aye: Councilmembers Clem, Forester, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Bange, Kimball
10. (i), (1), (n), (o)
MOTION
On motion of Mr. Clem, seconded by Mr. Webb, the following resolutions were proposed and
unanimously adopted.
91-273 - RESOLUTION - APPROVING CONTRACT AMENDMENT NO. 2 WITH CH2M HILL
SOUTHEAST, INC., FOR FINAL DESIGN ENGINEERING SERVICES IN THE
UPGRADE/EXPANSION OF THE WATER POLLUTION CONTROL FACILITY
WHEREAS, the town is currently under contract with CH2M Hill Southeast, Inc., for design
and construction engineering services relating to the upgrade and expansion of the Water Pollution
Control Facility to a capacity of 6.0 MGD; and
WHEREAS, a "Revised Preliminary Design Report" was presented to Council August 6, 1991
recommending expansion to 4.85 MGD under the Maryland discharge alternative, at an estimated cost
of $22,342,000, thus concluding preliminary design services; and
WHEREAS, Resolution No. 91-169 directed the town manager to proceed with final design
services, based on the Maryland discharge alternative; and
WHEREAS, amendment of the September 12, 1989 contract with CH2M Hill is necessary in
order to proceed with final design services; and
WHERF_.J~, CH2M Hill has submitted a contract amendment proposal for final design services,
under the Maryland discharge alternative, for a lump sum cost of $1,488,311.00; and
WHEREAS, the proposed cost is within budgeted amounts for fiscal year 1992 design services:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager is hereby authorized and directed to execute Contract Amendment No. 2
to the September 12, 1989 engineering services agreement with CH2M Hill Southea~ Inc., in a form
approved by the town attorney, in the amount of $1,488,311.00 for the Water Pollution Control Facility
upgrade and expansion.
91-274 - RE~OLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND A WATER EXTENSION PERMIT FOR THE PATOWMACK
PARTNERS POWER PLANT
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 the
Regular meeting minutes of December 10, 1991
Patowmack Partners Power Plant Waterline Extension.
SECTION II. The ex'tension of municipal water for the Patowmack Partners Power Plant
Waterline Extension is approved in accordance with Section 19-18 of the Town Code.
SECTION III. The irrevocable bank letter of credit in a form approved by the town attorney
from the Wachovia Bank of North Carolina with Sovran Bank N.A. acting as designated agent in
Virginia in the amount of $25,000.00 is approved as security to guarantee installation of the public
improvements shown on plans approved by the Director of Engineering and Public Works for the
Patowmack Partners Power Plant Waterline Extension.
DISCUSSION
Mr. Mason stated that the bank in North Carolina has established an agent in Virginia which is Sovran
Bank and has been approved by the Town Attorney.
91-275 - RESOLUTION - AUTHORIZING THE CLOSING OF A SECTION OF LAWSON ROAD FOR
THE PRODUCTION OF AN AMERICAN RED CROSS TRAINING FILM
WHEREAS, the American Red Cross has requested that a section of Lawson Road be closed
between the hours of 5:00 P.M. and midnight on December 18, 19, and 20, 1991, to film an educational
training documentary on first response to an accident scene; and
WHEREAS, the Virginia State Police, the Leesburg Police and the Loudoun Fire and Rescue
Services Department have agreed to assist in producing the film; and
WHEREAS, the film will be used for training and educational purposes; and
WHEREAS, the American Red Cross has notified the businesses and residents of Lawson Road
of the proposed road closing, and
WHEREAS, the town nor the Red Cross have received any negative comments regarding the
proposed closing.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Lawson Road between 51 Lawson and 379 Lawson is hereby authorized to be closed on
December 18, 19 and 20, 1991, from 5:00 P.M. to midnight for the purpose of producing an American
Red Cross training film.
91-276 - RESOLUTION - AUTHORIZING LEGISLATIVE ENDORSEMENTS FOR THE 1992
VIRGINIA GENERAL ASSEMBLY
and
WHEREAS, the 1992 session of the Virginia General Assembly will soon convene in Richmond;
WHEREAS, as a member of the Virginia Municipal League (VML), the town regularly endorses
the VML legislative program and participates during the VML legislative day in Richmond; and
WHEREAS, the Virginia Municipal League adopted a 1992 legislative program at its annual
business meeting on October 8, 1991; and
WHEREAS, the Town Council has reviewed this program and other legislative initiatives,
including those of the Northern Virginia Planning District Commission, the County of Loudoun, and
the Town of Herndon; and
WHEREAS, it is imperative that the Town of Leesburg continue to communicate our legislative
concerns and goals to the Virginia General Assembly:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Council hereby endorses the 1992 Virginia Municipal League
Legislative Program, with an emphasis on the following legislative initiatives:
Ao
Local Option Sales Tax - The General Assembly is strongly urged to enact enabling
legislation giving cities, towns and counties authority to adopt a half-cent local option
sales tax in addition to the l-cent local option sales tax cities and counties now have,
with the revenues to be used for general purposes. To avoid double taxation, legislation
should provide that the county half-cent local option sales tax cannot be levied within
the corporate limits of towns that levy the tax.
Further, the General Assembly is requested to investigate the feasibility of allowing the
full 1 percent of local option sales tax revenues to be distributed between the town and
county governments based upon the town's population percentage in relationship to the
county's entire population.
Bo
Lottery - It is recommended that significant revenue from Virginia's lottery be
distributed to cities, towns and counties beginning with the next budget cycle. Lottery
revenue should not reduce or be in lieu of any other state funding affecting local
governments.
C. Double Taxation - Legislation is supported which requires a county to reimburse a
Regular meeting minutes of December 10, 1991
town or a Class A city for county services not provided in the town but funded in part
by county taxes collected within the town. Further, the Town of Leesburg joins the
Town of Herndon in requesting that the General Assembly authorize a study to identify
and evaluate the administrative and fiscal, implication of such an initiative.
Transition to City Status and Annexation - Legislation is supported which allows
a town with a population of 10,000 or more to become a Class A city pending approval
from the Commission on Local Government and provided the town and county agree
on a transition plan. Any legislation which limits a town's ability to annex and/or
transition to independent city status is strongly opposed.
Eo
Solid Waste Management, Funding - Since the state has taken such an active
regulatory role in solid waste management, the state should provide funding to help pay
for the cost of meeting those regulations. State funding or other incentives for regional
cooperation in the disposal of solid waste and recycling is supported.
Housing - First, the General Assembly is urged to maintain a strong state role in the
provision and funding of housing, including construction and rent subsidies for the
needy. Secondly, the General Assembly is encouraged to increase the opportunity for
local governments to address housing needs. Among the housing revenue tools that
could be made available to local governments on a local option basis are revolving loan
funds, tax increment financing and real estate transfer taxes.
Go
Transportation, Urban Construction and Preventative Maintenance Funds -
It is requested that the General Assembly provide cities and towns receiving state urban
construction funds the flexibility to use up to 50 percent of such funds for a broader
range of transportation purposes than currently authorized. It is also requested that
the General Assembly grant cities and towns greater flexibility in the use of state road
maintenance funding be inserting "preventative maintenance" and "incidental betterment
affected during the course of routine maintenance" in the definition used for the
allocation of maintenance payments.
Emergency Medical Services o State and federal financial support is strongly urged
for agencies providing emergency medical coordination services to local governments and
volunteer agencies, including regional communications network for Advanced Life
Support. All future mandated training and recertification requirements imposed by the
Commonwealth must be funded by the Commonwealth.
Town Information - The General Assembly is requested to require state agencies
when compiling local government statistics to break out information for towns with
populations of more than 1,000.
SECTION II. The Town Council hereby additionally endorses the following legislative positions:
Educational Disparity - While the Town of Leesburg joins the Northern Virginia
Planning District Commission to support the restoration and maintenance of State
education funding to the FY 1990 levels; the Town of Leesburg does not support the
retention of the existing statewide sales tax distribution formula based on school aged
population, but rather based on the town's percentage of total county population.
Bo
Child Care - The Town of Leesburg joins the Northern Virginia Planning District
Commission to support the continuation of the development of equitable and enforceable
licensing standards, provided such standards do not negatively impact parks and
recreation playground programs.
Virginia Recreation and Conservation Trust Fund - The Town of Leesburg also
joins the Northern Virginia Planning District Commission in their endorsement for the
establishment of a Virginia Recreation and Conservation Trust Fund.
Do
Public Notice Advertising - The Town of Leesburg joins the County of Loudoun in
endorsing legislation to permit non-paid circulation newspapers to bid on public notice
advertising. The Town Council has already gone on record requesting such action from
the General Assembly through the adoption of Resolution No. 90-249 on September 26,
1990.
Rental Property Tax Revenue - Presently Loudoun County collects annual business
license taxes from town rental property businesses. As the town has traditionally been
the leader in providing multi-family and affordable housing in Loudoun County,
including a large percentage of rental units, it is appropriate that the town should
receive this business license tax which is currently paid to the county. Further, it is
recommended that the Town of Leesburg and the Town of Herndon present a joint
proposal regarding this initiative to the General Assembly.
Fo
Transportation Funding - The Town of Leesburg opposes the proposed reduction in
state funding for the 6-year transportation plan projects from 98% to 80%. This
proposal would require the town to fund over $2 million in additional costs for town
projects which are included in the present plan.
Personnel Matters - Two town charter amendments are requested. First" in keeping
with the Council-Manager form of government, the positions of Clerk of Council and
Zoning Administrator, which are presently appointed by the Town Council, should be
Regular meeting minutes of December 10, 1991
appointed by the Town Manager. Secondly, regarding the town's Grievance Procedure,
it is requested that the Town Manager's ruling on grievability be appealable to a panel
composed of a town representative, an employee representative and a person selected
by the other two. The decision of this panel may be appealed by either party to the
Circuit Court.
Proffer Statements - The Town of Leesburg requests that legislation be adopted to
require all lien holders, deed of trust holders, etc. to subordinate proffer statements
along with the owner(s) of record. Further, the owner should be required to provide
financial statements to the governing body, and once adopted also required to duly
record the proffers.
Burned-out Structures - The Town of Leesburg requests that it be given clear
authority to condemn, demolish, and clear properties which have suffered fire damage
and are not attended to by .the property owner. Such an amendment is deemed
necessary to further protect the public health, safety, and welfare. Any expenses
incurred by the town should be added to a property's real estate tax bill, then included
as a lien if not paid.
Pro-ration of Personal Property Tax - As proposed by Loudoun County for
implementation on January 1, 1993, it is requested that the Town of Leesburg also
receive authorization to pro-rate personal property tax bills on a monthly basis.
Jurisdictional Boundary Line Agreements - The Town of Leesburg recommends
that Sections 15.1 - 1031.1 and 1031.3 of the Virginia Code be amended to clarify the
process which the town and the county have used during the past several years to
accomplish the Beus Tract and Edwards Landing Boundary Line Adjustment
annexations along the Potomac River. There need not be an ambiguity as to the
existing location of the boundary line sought to be changed in order for political
subdivisions to utilize the provisions of the above referenced articles of the State Code.
SECTION 11I. The Town Manager's office is hereby directed to join the Mayor and Town
Council of the Town of Leesburg in Virginia to communicate and promote these legislative
endorsements both before and during the 1992 Virginia General Assembly.
VOTE
Aye: Councilmembers Clem, Forester, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Bange, Kimball
10. (i)
On motion of Mrs. Forester, seconded by Mr. Lovin, the following resolution was proposed and
unanimously adopted by a roll call vote of 5-0-2.
91-277 - RESOLUTION - WITH RESPECT TO THE ISSUANCE AND SALE OF THE TOWN OF
LEESBURG, VIRGINIA, GENERAL OBLIGATION REFUNDING BONDS, SERIES
1991
WHEREAS, the Town Council ("Council") of the Town of Leesburg, Virginia ("Town") adopted
a Resolution on November 12, 1991, authorizing the issuance and sale of general obligation refunding
bonds of the Town in an amount not to exceed $3,000,000 ("Bonds") for the purpose of refunding a
portion of the Town's outstanding bonds and the Town Manager has entered into a Bond Purchase
Agreement with Craigie, Incorporated in accordance with such resolution.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
1. Ratification of Bond Purchase Agreement. The execution and delivery of the Bond
Purchase Agreement and the issuance and sale of the Bonds upon the terms set forth therein is hereby
ratified and confirmed.
2. Execution of Official Statement. The Mayor of the Town is authorized and directed to
execute and deliver the Official Statement with respect to the issuance and sale of the Bonds in
substantially the form of the Preliminary Official Statement with such changes as such officer may
consider necessary or desirable in connection therewith and such Official Statement is hereby approved.
3. Designation of Bonds. The Town Council designates the Bonds as "qualified tax-exempt
obligations" eligible for the exception from the disallowance of the deduction of interest by financial
institutions allocable to the cost of carrying tax-exempt obligations in accordance with the provisions
of Section 265(1))(3) of the Internal Revenue Code of 1986, as amended. The Town Council does not
reasonably anticipate issuing more than $10,000,000 in qualified tax-exempt obligations during calendar
year 1991 and the Town Council will not designate more than $10,000,000 of qualified tax-exempt
obligations pursuant to such Section 265(b)(3).
4. Effective Date. This Resolution shall be effective immediately.
The undersigned Clerk of the Town Council of the Town of Leesburg, Virginia, certifies that
the foregoing constitutes a true, complete and correct copy of a Resolution adopted by the Town Council
at a regular meeting held on December 10, 1991.
Regular meeting minutes of December 10, 1991
DISCUSSION
Mr. York stated that the reason for this resolution is described in number 3 of the resolution. The
bank qualification was an omission from the resolution passed by the Council last month. It is a very
important part of this particular bond issue. Without that in there these bonds could not be sold to
banks or financial institutions. The savings realized to the town will be approximately $145,000 over
the term of this refinancing, with the majority of this occurring this fiscal year.
VOTE
Nay:
Absent:
Councilmembers Clem, Forester, Lovin, Webb and Mayor Sevila
None
Bange,' Kimball
lO.
Mr. Brown addressed the Council summarizing the proposed legislation. He stated that a meeting was
held with the homeowners of the Rosemeade Subdivision, Mr. Mason and Town Inspector Ralph
Welliver. After this meeting, the town did receive a letter of support from the residents. It is
important to point out that the time extension of May 8, 1992 for completion of the public
improvements is recommended to be approved with the conditions as stated in the proposed legislation.
MOTION
On motion of Mrs. Forester, seconded by Mr. Webb, the following resolution was proposed and
unanimously adopted.
91-278 RESOLUTION - AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR
COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A REDUCTION OF
THE PERFORMANCE GUARANTEE FOR THE ROSEMEADE SUBDMSION
WHERF~S, Catoctin Chase Limited Partnership, the developer of the Rosemeade Subdivision,
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 the previously approved extension thereto which expires on January 8, 1992; and
WHEREAS, the developer has requested a six (6) month time extension to complete the public
improvements; and
WHEREAS, a letter of credit in the initial amount of $610,000.00 from American Security Bank
was provided by the developer to guarantee the installation of public improvements in the Rosemeade
Subdivision and this letter of credit was reduced to the current amount of $121,823.00 by Resolution
No. 89-75 adopted on April 11, 1989 by the Town Council. This letter of credit automatically renews
for 6 month periods and is currently in effect until March 30, 1992; and
WHEREAS, the town received a $23,305.00 payment from South Charles Realty Corp. for street
lights installed in the Rosemeade Subdivision and the developer has requested a reduction of the
performance guarantee by the same amount; and
WHEREAS, the Director of Engineering has approved the amount of $98,518.00 as sufficient
to complete the public improvements in the Rosemeade Subdivision; and
WHEREAS, the completion of the public improvements is a high priority of the town and the
developer should proceed with completion of the work as soon as possible.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from American Security Bank in the amount of $121,823.00
is reduced to $98,518.00.
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 Rosemeade Subdivision.
SECTION III. A time extension to May 8, 1992 for completion of the public improvements
is approved with the following conditions.
The developer shall provide to the Director of Engineering and Public
Works before February 1, 1992 a copy of a signed contract with a
construction company for completion of the public improvements in the
Rosemeade Subdivision.
The construction work necessary to complete the required improvements
shall begin before March 1, 1992.
Co
The construction work necessary to fill and regrade the temporary
stormwater detention pond shall be completed before April 1, 1992.
d. All landscape plantings shall be installed and dead landscape plantings
Regular meeting minutes of December 10, 1991
replaced by April 15, 1992.
e. All final paving work shall be complete by April 15, 1992.
All public improvements shall be completed and ready for acceptance by
the town by May 8, 1992.
SECTION IV. Failure by the developer to meet any of the deadlines established in the
conditions of Section Ili will constitute a default under the contract. The developer may request
additional time extensions if the improvements are not completed due to factors beyond the developer's
control.
SECTION V. The conditions of this resolution shall be incorporated as amendments to the
contract for installation of the public improvements for the Rosemeade Subdivision and agreed to by
the developer.
SECTION VI. In the event the developer does not agree in writing to the conditions of this
resolution before January 8, 1992, then no time extension is approved and the Town Manager is hereby
authorized to declare the developer in default of its contract for public improvements for the Rosemeade
Subdivision and to request payment pursuant to the letter of credit from American Security Bank in
the amount of $98,518.00 and to prepare and execute all required documents and undertake all
necessary actions to enforce all terms of said contract.
Mayor Sevila read a letter from Mr. and Mrs. Cable, of 223 Rosemeade Place. The Cable's letter is
attached and made a part of the official record. Mayor Sevila wished to commend Mr. Mason and Mr.
Welliver for their job in resolving this and working with the citizens.
VOTE
Nay:
Absent:
Councilmembers Clem, Forester, Lovin, Webb and Mayor Sevila
None
Bange, Kimball
10.
MOTION
On motion of Mr. Webb, seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
91-279 RESOLUTION AMENDING TOWN OF LEESBURG RESOLUTION NO. 90-160,
ESTABLISHING CONDITIONS FOR FUNDING FOR LEESBURG RENAISSANCE,
WHEREAS, Resolution No. 90-160, adopted June 27, 1990, established the conditions for the
funding of the Leesburg Renaissance program; and
WHEREAS,. this town policy provides that the Town Council must approve matching funding
to Renaissance on an incremental basis and up to a maximum annual amount, only after Renaissance
has received revenues from a special event or other fund raising activity; and
WHEREAS, Leesburg Renaissance, Inc. has been successful at raising matching funding from
private sector contributions through memberships and promotional events; and
WHEREAS, the Leesburg Renaissance, Inc. Board of Directors has requested that the Town
Council consider providing funding to Renaissance in the form of regular monthly payments in lieu of
the present system to assist the organization in budgeting its month to month overhead; and
WHEREAS, Leesburg Renaissance, Inc. will continue to guarantee matching funds equal to or
greater than the annual funding received from the Town of Leesburg:.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Town funding for Leesburg Renaissance, Inc., is subject to the following conditions:
Ao
The town manager, or his designee, shall be appointed to the Leesburg Renaissance,
Inc. Board of Directors.
Bo
Effective January 1, 1992, the remaining budgeted balance for this fiscal year shall be
distributed to Leesburg Renaissance, Inc. in the form of six equal monthly payments.
Town funding must be matched by private sector contributions. If private fundine fall~
short of the required matching amount for this or any future year, the difference will
be subtracted from the following year's monthly payments from the town.
Do
Special events should be located at various locations throughout the town to benefit the
entire business community. Active participation of the town's entire business
community shall be encouraged in the design and implementation of the Leesburg
Renaissance program.
Regular meeting minutes of December 10, 1991
Leesburg Renaissance, Inc. shall be required to submit to the town manager a written
monthly activi .ty report and financial statement. In the event that the Council is not
satisfied that private funds will match the public contribution during the fiscal year this
Council may have the authority to cancel this resolution.
DISCUSSION
Mr. Webb stated that he has reservations with regard to the proposed legislation. He stated that one
concern is that if the private funding falls short of the required matching amounts for this or any
future year the difference will be subtracted from the following year's budget.
After further discussion item E in the proposed legislation was amended.
VOTE
Aye: Councilmembers Clem, Forester, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Bange, Kimball
11. (a) NEW BUSINESS
Mr. Brown stated that Council is being asked to authorize a performance guarantee and a water
extension permit for Harvest Square Lot 5 with a cash bond in the amount of $69,600.00. This is the
recommended amount as security to guarantee the installation of those public improvements.
MOTION
On motion of Mr. Webb, seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
91-280 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND A WATER EXTENSION PERMIT FOR HARVEST SQUARE LOT
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
Harvest Square Lot 5.
SECTION II. The extension of municipal water for Harvest Square Lot 5 is approved in
accordance with Section 19-18 of the Town Code.
SECTION III. A cash bond in the amount of $69,600.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Harvest Square Lot 5.
VOTE
Aye: Councilmembers Clem, Forester, Lovin, Webb and Mayor Sevila
Nay: None
Absent: Bange, Kimball
On motion of, and duly seconded, the meeting was adjourned at 10:30 p.m.
Clerk of Council
Robert E. Sevila,~wayor
Town of Leesburg