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TOWN COUNCIL MEETING MINUTES OF JUNE 23, 1992
A regular meeting of the Leesburg Town Council was held on June 23, 1992, at 7:30 p.m., in the
Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by
Mayor Robert Sevila.,
INVOCATION was given by Councilmember Donald A. Kimball.
SALUTE TO THE FLAG was led by Executive Secretary Della Clark.
ROLL CALL
Councilmembers present
Georgia W. Bange
James E. Clem
Christine M. Forester
Donald A. Kimball
Claxton E. Lovin
William F. Webb
Mayor Robert E. Sevila
Staff members present
Town Manager Steven C. Brown
Assistant Town Manager Peter Stephenson
Director of Engineering and Public Works Thomas A. Mason
Zoning Administrator Scott Johnson
Planner Marilee Seigfried
Planning Commission members
Chairman Mervin Jackson
Fred Williams
Robert Altland
Clifton Vaughan
William Wolf
Dennis McVeen
Christine Forester - Councilmanic representative
CERTIFICATES OF APPRECIATION
Mayor Sevila presented Certificates of Appreciation to Councilmembers Christine Forester, Donald
Kimball and Claxton Lovin. This is the last public meeting for these individuals as members of the
Leesburg Town Council.
Mr. Brown presented a Certificate of Appreciation to Mayor Sevila for his ten years of service to the
Town of Leesburg as Mayor. A slide presentation was also presented.
PETITIONERS:
Kristen Umstattd, a resident of 353 Foxridge Drive, addressed the Council. She asked the Council to
reconsider their decision to adopt a 125% increase in water and sewer bins for the Town. She stated that
the citizens cannot afford this. Growth should be paid for by the new development. The incoming
residents. Not the people who are here already. She restated her strong opposition to the $27 million
bond:
.ao~e ~~v,o,~ ......... ~ o~ ihe ~.~,':~ ~.at,n~.nt pl,',~% and ~o have ~'ne curren~ residents pay for it.
Ms. Umstattd referred to the pr,:,pesed legislation 10. (m) authorizing Leesburg Renaissance (LRI) to
adm-~nister ay ad'¢erfisi:~g program. She ~ked th&t the Council vote agtdn~ the resolution at this time.
Sh.,. ~':tsted that the Cm:vcll is b, i~£; asked to give $20,00~ .~, LB.L Before the town offers thin kind of
expe,,~:4~re-~te need tc..m?3.--~ c¢-r~n that LRI~ is offerin~ th~ to;c~ h:~l sc,~o'~.o~ability for ?.c ... ~hey spread
the ~- ~:7¢ vnd how t~cy h~.v,~ s:..~-,n~ 'he p.--,~';; fc,,'cb~ t~:: t, b~ve beet: ~ql~:~:,te?= ';,e LR).
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Minutes of June 23, 1992
work and do not bring in tourists on a large scale are a waste of the tax payer's money. She requested
that the Council vote against the proposed resolution.
Ms. Umstattd addressed the Council with regard to the tragedy that happened last week on Edwards
Ferry Road. She stated that she went door to door through that area. She went up Plaza Street, Mayfair
and Hancock Place and into Loudoun House to talk to the people about their feelings. She stated that
she is very proud of the citizens of that area because though there may have been initial anger at this
there was also a great sense of loss. She extended her personal and very deeply felt condolences to Mr.
Whetsell's family. The citizens realize, as a community, that they have to work together to make certain
that this kind of tragedy does not happen again. She stated that today she spent two hours at Loudoun
House with Ms. Janet Perry, chairman of the Loudoun House Coalition, and other individuals. These
people think that whenever anything happens in Leeeburg that is bad, they get blamed. We don't yet
know who fired the gun or who the criminal is but there was an instant impression that perhaps it was
from Loudoun House. The folks at Loudoun House were so devastated by this that they wanted to hold
a memorial service for the family. There are many good things going on in Loudoun House and we need
to encourage them. The police need to be commended. They have gotten a lot of praise from the citizens
in that area. Doug Taylor in specific has been praised by the people in this ares.
Ms. Umstattd stated that she has been asked by many of the residents in that area to ask the Council
if it would authorize an open community meeting in two weeks at the Leesburg Elementary School. She
requested that the Council hold a week-night community meeting.
Mr. Bruce Roberts, Chairman of Leesburg Renaissance, addressed the Council. He thanked the Council
for the tremendous job they did during their time as councilmembers and mayor. He updated the
Council on the proposed advertising program. LRI's board has been expanded and has many new
members. The proposal has received approval from the downtown ad hoc committee, the LRI board and
the DBA. He asked that the Council approve the proposed legislation so that the advertising plan can
be completed. He stated that the Council will have full accountability of every nickel that is spent on
this plan.
David Grayson, President of Grayson Refuse Service, Inc., addressed the Council. He stated that he has
bid the solid waste and recycling contract offered by the Town. He stated that his company was the only
company that bid the entire contract. The other potential bidders failed to bid at least one portion of the
contract. In addition, staff failed to adjust the est/mate of landfill tonnage by the amount of recyclables
collected. Had staff done so, it would shew that Grayson's bid was under town's budget. He asked that
the Council accept the bid offered by Grayson's Refuse Service. He stated should the Council ignore his
plea and reject his bid anyway, he asked that the town extend his present contract for one year for the
following reasons:
Staff needs time to familiarize themselves with the contract. They need time to dean-up
the language and a pre-bid conference should be held to be sure that a repeat does not
happen.
The citizens of Leesburg are anticipating a curbside recycling program beginning August
1. A one year extension would allow the recycling program to start on schedule.
A three month extension of the present contract would have a new company starting
service on September 1, starting a recycling service on October 1 and starting leaf
collection on November 15. The Town would be asking for trovble.
Dave Daugherty, representing the Loudoun Transportation Association, addressed the Council requesting
a $10,000 contribution to purchase five additional buses. He stated that Loudoun County has made
available $15,000.00 for this purpose.
This item was referred to the July 7, 1992, ~dminist~,~.5on and Public Works Committee meeting for
further consideration.
Jeannine Pappas, a rcsident of 718 Edwards Ferry .Ro~.~, addres~.d the Council with regard to the
tragedy on Edwards Ferry Road. She repo~, onthe conditions of Lo'adoun House. She stated that she
has made many attempts at helping the res/de~, h~ th~.~,~ project and nothing has been done. Something
has to be done about Loudoun House. She oi~'-~:~ ~ .~/serdce:~. She suggest~l moving Loudoun House
out of the center of Leesbu~ Ebe ...ske, d ;'~,~' ?h.~.. ~n~..~:'~. '~',~ '~emoved .trc,:n ~:.._c sft~. ~o that the fence.,
be repaired. . ;
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Mr, Brown stated 'that the fence will be repaired.
Jane Gustafson. I Loudoun Sti~et, S.E., addressed the Council with regard to the proposed advertising
funds being handled by LRI. She asked that the Council reconsider and propose that the town appoint
an individual to manage and oversee the dispersement of the funds. LRI should con, hue to provide the
events but there needs to be a check and balance as to how the $60,000 is going to be spent.
Joseoh Trocino thSnlred the outgoing members of Council and the Mayor for their service.
Mr. Trocino addressed the problem of violence in the community particularly the area of Loudoun House
and Edwards Ferry Road/Plaza Street. We need to prioritize the living environment and the way that
we protect and serve the citizens of Loudoun House, Plaza Street and Edwards Ferry Road. He asked
that the Council begin a plan of action to move at the root causes to the problems and violence in
general. He asked that Council make this a high priority.
Mr. Brown stated that there are two items of new business. One is legislation petitioning federally
elected officials for help for the owner of Loudoun House to reinstate a security force. The Town is also
proposing the possibility of establishing a mecbAnlsm of accepting and funneling reward monies donated
by private citizens of the Town. The town is enforcing the trespassing laws to those individuals that do
not have any business being on the property. The police department now has a ground floor apartment
that is being used by various orgn~ ni~ations and volunteers. We have increased patrols in the area and
have uniformed officers walking through the property and the neighborhood at least twice a day. The
Crime Prevention Council continues to do excellent work in this area.
Dennis McVeen, President of Leesburg Crime Prevention Council, addressed the Council. He stated that
the community has been deeply saddened by several acts of crime. It is now time to get behind our
neighborhoods and streets to take positive stands against crime in our town. He stated that he disagrees
with what Mrs. Pappas said about Loudoun House. A lot of progress has been made in this area
Positive steps are being taken to offer alternatives to violent crime in Leesburg. He disagreed with Ms.
Umstattd's suggestion of holding a town meeting at the elementary school. He asked that this be carried
through the Neighborhood Watch Program and let the regular meeting take place.
Mark O'Brien, Director of Sales AAA Disposal, addressed the Council. He stated that AAA was the
lowest, responsive bidder for the town's refuse and recycling contract. AAA was $21,000 a month lower
then any of the bids presented to the town. He stated that Grayson's has had the town's contract for
over 16 years. Both Grayson and BFI had questions regarding AAA's bid. Staff has reviewed the
proposals and recommended AAA Disposal Service. The concerns of Grayson's and BFI brought legal
counsel to be involved. AAA was confident that legal counsel would recommend to the town staff that
staff's recommendation was okay. Unfortunately that was not the case. St~ff, today, rec-~mmends that
Council reject all bids and re-bid the contract. He asked that the Council award the bid tonight to AAA
Disposal Service because they were the lowest and most responsive bidder. He ~_sl~ed tb ~t staff provide
AAA with a written reason why all of the bids are being rejected. Whoever was tJ e lowest, fully
responsive bidder should be awarded the contract as states in the bid package.
A. C. Echols addressed the Council with regard to agenda items (h) and (m). Prol~a~ t resolution (h)
provides for free parking at Market Station and Liberty Street. Mr. Echols stated i~v Market Station
is long overdue to have free parking. It is a significant draw to the downtown histcv.'¢ dis~ fict and has
20 plus active businesses. He expressed his support of this resolution.
With regard to resolution (m) he recommended denial of t~his legislation. He recomme~ dB that instead
of giving LRI an additional $20,000 to oversee that the town ask LRI to give an audit ~ th last $33,000
matching funds before the town gives them the next $33,000.
Mayor S~vila a~ked M~-. Echol~ if he had been g;ven the oppor~anity to comment o . S ilso.~ Green's
marketing plan? Mr. Echols stated that he had the opportunity to express ideas and t :z.t he c d discuss
this marketing plan, in depth, with the Mr. Greene, He stated that his marketing p[~ n i~ a finement
of Mr. Greene's plan.
Ms. Doris Johnson~ 214 Loudoun Street, S.W., addressed the Council speaking as a ~,~ sbu '; resident
and taxpayer. She stated that charging for pexl~i~g is not user friendly. She ex~:' ces~ i ¢ i ~ ~ointment
that an. ad hoc committee, was formed ~d that the prhn~.~:y focue of that c~ ~.m~J' e.~ ! ~ .been this
intangible advertising money. She asked th~: tl~e Cooucil po~pone the 8ec~si.o? for ~e. ~ .,v ~ouncil.
Ms. Sue Webb addressed the Council ~Ong that she sera'es o~. l:l,e L~ 'board ~md i a ~: ~: ~er of the
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Minutes of June 23, 1992
DBA. She also attended the June 18, meeting and stated that there was a unanimous vote taken at th~
meeting to go forward and support the proposed resolution.
MS. ~ R0senber~ addressed the Council stating that it is important for the Council to understand that
the historic downtown Leesburg is dying. We need something quickly to help us.
Mr, J~ff ~t~inbere. a resident on Mayfair Drive, addressed the Council stating that he had hoped that
more of a report would have been delivered by the town. He asked what kind of trouble, problem the
town is facing?. What is the youth unemployment factor in the town? He asked that the Chief of Police
and the Community Relations Coordinator be present at the next Council meeting to present a more
comprehensive picture.
Mr. Earl Hower. a resident of 111 Plaza Street, addressed the Council. He stated that a friend of his
took a walk to buy a pack of cigarettes at a near by convenience store was mugged upon returning and
physically accosted by 3 young adults - money and cigarettes were taken. This incident happened at 2:00
p.m., in the afternoon.
Another individual on his way home from work, walking home with his brief case, walked upon a drug
deal going down at 5:30 in the afternoon in a parking lot of a day care center. The individual was
immediately and verbally threatened by the dealer and verbally harassed by the dealer's business
associates for about the next block.
At 2:15 a.m., a man was found with a knife wound on the front porch of a resident, The man was
seeking not only medical help but sanctuary from his attacker. The man who Was attacked was drunk
and got lost after leaving a local pub.
In another incident, a man while on vacation and playing with his children in the front yard, hears the
shot and witnesses the wreck of the incident that happened last week.
These incidents are all very unique and all happened within a two Mock area within a two year span and
they an affect either my neighbor who was mugged or myself who walked onto the drug deal or myself
who had the guy on my front porch and it was myself and my two boys who were on the front porch
when the incident happened last week.
This is not to mention other incidents of loitering and speeding on the Plaza Street corridor. Public
drunkenness, littering and assaults that occur around the are~
We would like to see the Town Council and administration see clear of this issue and the other issues
such as refuse, Leesburg Renaissance and put crime back on an active agend~
Mrs. Mildred Herbough, a resident of 908 Marshall Drive, addressed the Council. She asked that parking
fees remain and that the Council use the money for advertising to bring in more people.
Mayor Sevila read a letter written by Mr. David Gillogly, Sr. Mr. Gillogly's letter is attached and made
a part of the official record.
PUBLIC HEARING - Special Exception Aoolication #SE-92-03
Planner Ma' ~.ee Sei~fried. addressed the Council presenting the staff report~
Mr. William Young, Chairman of the Trustee Board for First Mount Olive Baptist Church, addressed the
Council statang that the church's membership has grown such that expansion of the parking lot is
necessary. The church has worked with the neighbors and has taken inW consideration an their
concerns.
Mr. John Mouwux, owner of lots 12, 13 and 13A, Loudoun Street, addressed the Council. Mr. Moutoux's
letter is a~ached ~md made a part of the official record.
Mr. Jeffrt? G. B~dl, a resident of 225 West Market Street, addressed the Council stating that an of his
issues an,' concerns have been answered and resolved.
Mayor S~ ~s dc~,m the public.hearing.
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On motion of Mr~ Clem, seconded by Ms. Bange, item 10.(b) was considered out of the order of the
agends.
VOTE
Aye: Councilmembem Bange, Clem, Forester, Kimban, Lovin, Webb and Mayor Sevila
Nay:. None
10. (b)
MOTION
On motion of Mr. Webb, seconded by Mr. Clem, the following ordinance was proposed.
ORDINANCE - APPROVING SPECIAL EXCEPTION APPLIOATION #SE-92-0~ BY FIleT MOUNT
OLIVE BAPTIST CHURCH
WHEREAS, First Mount Olive Baptist Church, located at 216 Loudoun Street, S.W., has applied
for approval of a special exception to allow an expansion of the existing church parking lot; and
'WHEREAS, a special exception is required to allow expansion or enlargement of an existing place
of worship in the RH-D zoning district in accordance with Article 11 of the Leesburg Zoning Ordinance;
and
WHEREAS, on June 15, 1992, the Board of Architectural Review conditionally approved the
expansion of the existing parking lot .and the screening along the northern and western property lines; and
WHEREAS, the Land Development Official approved the alternative screening on June 22, 1992;
and
WHEREAS, on June 18, 1992, the Planning Commission recommended approval of special
exception application #SE-92-03; and
WHEREAS, on June 23, 1992, the Town Council held a public hearing on this application; and
WHEREAS, the proposed use meets the general review criteria set forth in the zoning ordinance:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
Special exception application #SE-92-03 is hereby approved with the following conditions:
That the development is in general conformity with the attached concept plan into
which incorporates the Board of Architectural Review recommendations.
That the applicant submit a grading and drainage plan proposed
by an engineer/surveyor licensed to practice in the
Commonwealth of Virginia, subject to approval by the Town.
That the applicant submit a landscape and fencing plan which
identifies the specific type of trees, shrubs, and fencing on the
property prior to receiving zoning clearance for the grading
permit.
The shrubbery along the rock wall shall be a columnar type of
vegetation and have a height of 5-7 feet.
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Minutes of June 23, 1992
DISCUSSION
Mrs. Forester asked if the fence~ was moved onto the property hne because the applicant was trying to
respond to Mr. Moutoux's objection to the location of the fence?
Ms. Seigfried stated that it was in response to Mr. Moutoux and the maintenance issue.
Mrs. Forester stated that she would like to reconsider the original plan.
Mr. Clem agreed stating that he needs to know that the fence win extend past the house, far enough for
easy movement.
Mr. Johnson stated that the fence can go on the property line, so that the church could maintain their
five feet inside their property or they can set the fence back five feet and maintain between the property
line and the fence.
Mr. George Wrieht. representing the church stated that the confusion regarding the fence and buffer
arrived when it was thought that the property line was right against the house. The property line is
away from the house - there is a fence line and a gate that opens onto Mr. Moutoux's property. The
reason why the gate was put there was because we thought it would look nice to have continuity of the
fence from the east to the west.
Mayor Sevila asked if this proposal was just as acceptable to the Planning Commission as the original
one? He stated that the original proposal is actually t~idng property from one property owner and
basically giving it to another property owner.
MOTION
Mr. Webb withdrew his original motion to adopt this ordinance. Mr. Clem seconded Mr. Webb's motion.
MOTION
On motion of Mr. Clem, seconded by Mr. Webb, this matter was referred to the July 7, 1992, Planning
and Zoning Committee agenda for further consideration.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
JOINT PUBLIC HEARING - Zoning Ordinance amendment regardin~ setbacks in MC District
Mr. Johnson addressed the Council presenting the staff report.
Mr. Dave Culberg with Hazel and Thomas representing the applicant~ addressed the Council. He stated
that the main objective of this application is the 44 bed expansion of Heritage Hall which is supported
by a certificate of need from state health department. The proposal is for an expansion of the existing
facility and would have a connection. It would not make any sense to have a separation of type of elderly
care facility where individuals had to go outside of one bu'.tiding to enter another portion of the facility.
There two structures would be joined/operate by reciprocal easements that would be recorded basically,
affectively joining these two parcels.
Mr. Raymond Kirkpatrick, a resident of 132 Morven Park Road addressed the Council stating he has been
told that trees would be removed and a fence erected.
Mr. Culbert, addressed Mr. Kirkpatrick's comments by stating that a number of trees will be removed
and a wall will be constructed. It is the owner's intention and expectation that this will be done during
the course of construction.
This item was referred to the Planning Commission for recommendation this evening.
COUNCILMEMBER COMMENTS
Mr. Webb stated that he has had the pleasure serving with this group of councilmembers. He stated that
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he has learned a lot about each of the members and about being a councilmember. He has gained
knowledge from ~hi~ and thanked the members of Council.
Mr. Lovin stated that this is his last Council meeting. "The last four years have been interesting." He
thnnked the department head and the town attorneys for all the information that was provided. He also
thnnked the Leesburg. Police Officers, present and past BAR members, former councilmembers John
Tolbert and Bill Mulokey, current councilmembers, Town Manager Steve Brown, Clerk of Council
Barbara Markland and the news media.
Mr. Lovin briefly Mghlighted his career on the Town Council.
Mr. Clem tbnnked the Council for serving.
He met with Mayor Harold IAnkus of Christiansburg, Virginia. He reported on the growth of the dty
relating it to Leesburg.
He stated that it has been a pleasure serving with Mayor Sevila.
Mr. Kimball stated that he has felt comfortable with his four year service as a councilmember. He
appreciates the opportunity of serving his community and thsnked the citizens for voting him in four
years ago. He thanked Mayor Sevila, the present town council and incoming town council for the way
they all worked together. He tbsnked his wife, shirley for her encouragement and support through his
Mrs. Forester th~nked the citizens of the town for allowing her to serve them on the council and as a
planning commission member. She stated that she has learned a lot about government and people,
wetland, wastewater treatment, etc.
She highlighted her accomplishments as a member of the Town Council.
She commended and th~_~ked the town staff, stating that the staff continues to do more with less.
She thanked her f~mily for their support.
Ms. Ban~e thanked those members of council who are leaving for their time and contributions to the
town.
MAYOR'S REPORT
Mayor Sevila th,_n~ed all of his colleagues and the citizens of the Town of Leesburg. He stated that it
was an honor to serve as Mayor for ten years. WVe as a team, for the last two years, have things to be
proud of." He thanked the town staff and particularly Mr. Brown stating that for the last few months
since Mr. Brown has been in his position it is a job well done. "I owe you and promised you that I hoped
that I would have the opportunity to give you this publicly and that is my apology for letting you ever
think that I didn't have confidence in you when we selected a town manager. You have amazed me and
impressed me and pleased all of us on council for the outstanding quality of your work and
professionalism that you have brought to the job. You have served the town well."
He wished the incoming council the best of luck.
He congratulated Mr. Clem, stating that it is a demanding job.
MANAGER'S REPORT
Mr. Brown noted that the Council did receive a copy of the written Activity Report.
On behalf of an the town employees, Mr. Brown thanked the Council and Mayor for the excellent job
they have done.
LEGISLATION
lO.
Mr. Brown presented a brief summary of the proposed legislation.
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MOTION
On motion of Mr. Kimball, sec~onded by Mr. Lovin, the following ordinance was proposed and adopted
by a role call vote of 6-1.
92-O-17 - ORDINANCE - AMENDING CHAPTER 16, ARTICLES I AND III AND CHAPTER 19
ARTICLES H AND Ill OF THE TOWN CODE TO INCREASE UTILITY FEES
WHEREAS, on February 27, 1991, the town entered into a contract with the consulting firm of
Deloitte & Touche for the purpose of conducting a comprehensive water and wastewater cost of service
and rate design study of the Wwn's utility system; and
WHEREAS, a copy of their cost of service and rate design study was presented to the Council
with recommended rates for water and sewer user fees, availability fees and other utility system fees and
charges beginning in fiscal year 1992 through 1996; and
WHEREAS, on October 9, 1991, the Council implemented a 35% rate increase on water and
sewer user fees which represented the first phase of the planned utility fee rate increases; and
WHEREAS, the Town Council met in special session on June 1, 1992, to discuss the
recommended utility rate increases for fiscal years beginning July 1, 1992, 1993, 1994, and 1995, and
agreed to proceed with implementing the now rates as recommended; and
WHEREAS, at the June 1, 1992, special meeting, it was discussed that the need for the
recommended rate increases was to provide funding to meet the costs associated with the plan to upgrade
and expand the town's wastewater treatment facility at an estimated cost of $22.6 million; and
WHEREAS, that in order for the town to be able to proceed with this project, it must issue utility
system revenue bonds in an amount not to exceed $27 million for which rate increases will be used to
meet the debt service requirements; and
WHE~, in accordance with .the Code of Virginia, Section 15.1-29.14, a public hearing was
held on May 26, 1992, at 7:30 P.M. in the Town Council Chambers for the purpose of considering the
rates and fees recommended for fiscal years 1993, 1994, 1995 and 1996; and
WHEREAS, the recommended rates and fees are necessary to fund the town's utility system and
meet the costs of its operating expenses, debt service and capital projects throughout this period:
THEREFORE, ORDAINED'by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Chapter 15, Articles I and H of the Town Code, are hereby omended as follows:
Sec. 15-14. Availability charge for sewer service.
(e) The fees provided in this section shall be reduced by,v,.~.~.vve° === ~n $3,715 for lots of record
for which a connection fee was paid prior to June 10, 1970.
(f) Sewer service availability fees for residential uses shall be as follows and shall
increase by the rate of 4.5% per year for each year through July 1~ 1996, beginning July 1. 1993.
Discharge Facility Fee
Multi-family dwelling, townhouse or
mobile home
$2,973
Single-family detached dwelling or
two-family attached (duplex), per unit
eo === ~m $3 715
(g) Sewer service availability fees for non-residential uses~,...~h~'11 ,..,~1~' v~.-,-,~,.v,,~° === ~ $3,715 or more,
depending on the estimated sewage flow and required treatment characteristics from the user as
compared to the sewage flow and required treatment characteristics from the average single-family
dwelling. Fees shall be calculated as follows:
e~===an$3,715ore~n~r$10.61pergallonperdayof t h e
All non-industrial uses: ~, ....
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estimated sewage 5ow from the user, whichever is greater,
An industrial uses: th~ greater of $2,~.~ $3,715 or fr14~6 810.61 per gallon per d~ofthe
estimated sewage flow from the user, plus an additional charge in proportion to the e~ess '/ioeh~-n~!
oxygen demand, suspended solids or other pollutant discharge of the user above the average pollutant
discharge of residential users on the system.
Sec. 15.57. Charge where connection rode to both water and sewer system.
Where connection has been made to both the town water and sewer system, the charge rf
use of the sewer system shall be based on time and quarterly water meter readings taken to lhe ~
1,000 genons as follows: for premises inside the tewn, the rate beginning July 1,
per quarter plus $2.5? $3.21 per 1,000 gallons, beginning July 1. 1993. $3.53 oer 1.000 gallons.
beginning July 1, 1994, $3.88 per 1,000 a~llons, and beginning July 1, 1995, $4.27 per 1,000 gallons.
Sec. 15.58. Charge where connection made to sewer system only--generally.
Where connection has been made to the town sewer system only, the charge for use of
the sewer system shall be as follows: for premises inside the town, the charge shall be ${7.25 $59.00 ~
quarter beginning July 1. 1992. $65.00. beginning July 1, 1993, $71.50, beginnini July 1, 1994, da
$79.00 beginning July 1, 1995.
Sec. l!~23. Availability charges for water service.
(e) The fees provided in this section shall be reduced by $2rt46A~ $2,524 for lots of record
for which a connection fee was paid prior to June 10, 1970.
(f) Water system availability fees for residential uses shall be as follows and shall
increase by the rate of 4.5% per year for each year through July 1, 1996, beginning July 1, 1993.
Use Fee
Multi-family dwelling, townhouse
or mobile, per unit
$2,022
Single-family detached dwelling
or two-family attached (duplex),
per unit
$2,524
(g) Water service availability fees for non-residential uses shall be,_,e° A~=._~..v~ $2,524 o
more, depending on the estimated water flow to the user as compared to the water flow to the average
single-fAmily dwelling. Fees shall be calculated as follows:
An other uses: ~ $2,524 or $6A~ $7.21 per gallon per day of the estimated water
flow to the user, whichever is greater.
ARTICLE IlL WATERWORKS USE AND SERVICE CHARGES
Sec. 1~45. Rates established.
The charge for use of water from the town water system shah be based on quarterly
meter readings taken to the nearest 1,000 gallons at the following rates: for premises inside the town,
the rate beginning July 1, 1992, shall be $2.25 per quarter, plus ;2.12 $2.67 per 1,000 gallon~ beginning
July 1, 1993, $2.93 per 1,000 amllons, beginning July 1, 1994. $3.23 per 1,000 gallons and beginning July
1, 1995, $3.55 per 1,000 gallons.
Sec. 1K47. Rate for water drawn at public meter.
The charge for each purchase of water drawn at the public meter at the water treatment
plant shall be $3.00 plus $2..~11 $3.75 per 1,000 gallons of all water drawn beginning July 1, 1992. $4.15
oer 1,000 gallons, beginning July 1, 1993, $4.60 per 1,000 gallons, beginnin_~ July 1, 1994, and $5.00 I)er
1,000 gallons beginning July 1, 1995.
SECTION II. This ordinance shall be effective for all water and sewer bills prepared after July
190
Minutes of June 23, 1992
1, 1992.
DISCUSSION
Mr. Webb stated that he has not been in favor of t_.his since its beginning. He hoped that the 2.5 percent
growth rate projectioas come true.
Mr. Lovin stated that new hook-ups will be paying a lot more for water and sewer availability fees then
they have in the pa~ To say that this increase is born on the backs of users is a misstatemenL
V0T
Aye: Councflmembers Ban=~e, Clem, Forester, Kimball, Lovin and Mayor Sevila
Nay: Councflmember Webb
lo.
MOTION
On motion of Planning Commi~ioner Altland, seconded by Planning Commissioner McYeen, the adoption
of the language provided in Resolution 92-89~ ~e zoning text amendment will provide Council with the
flexibility to authorize a reduced side and/or-rear yard setback in the MC medical/hospital center zoning
distri~ In order for the Council to authorize a reduced yard it will consider first a recommendation from
the Planning Commi~ion. The Planning Commission will evaluate any proposed reduction in the side
yard requirements and will determine if the proposal will be harmonious and compatible with
surrounding uses in the MC Zoning District.
The motion passed unanimously.
MOTION
On motion of Councilmember Kimban, seconded by Councilmember Lovin, the following ordinance was
proposed and adopted.
92-O-18 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE SECTION 4F-6 OF
THE MC ZONING DISTRICT TO REDUCE THE SIDE AND REAR YARD
REQUIREMENTS UNDER CERTAIN CONDITIONS
WHEREAS, the Planning and Zoning Committee on June 2, 1992 directed staff to set a joint
public hearing to consider an amendment to the Leesburg Zoning Ordinance; and
WHEREAS, the Council and the Planning Commission considered the amendment at a Joint
Pubiic Hearing on June 23, 1992; and
and
WHEREAS, the amendment is narrow in scope and applicable to only the MC zoning district;
WHEREAS, this amendment win assist development within the MC district where a new or
existing structure may u~li~e the side and rear-yard setbacks for expansion if the effect of the
encroachment can be demonstrated as harmonious and compatible with the surrounding and adjacent
uses; and
WHEREAS, the amendment will promote the public health, safety and welfare, and will facilitate
convenient, attractive and harmonious development~
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 4F-6 of the Leesburg Zoning Ordinance is hereby amended to include the
text as stated below:
Section 4F-6. YARD REQUIREMENTS
(1) Front yard 40 feet
(2) Side yard 15 feet
191
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0
Minutes of June 23, 1992
(3~ Rear yard 25 feet
$id9 and rear vlmt setbacks thai; are no~ ldiacent t~ other zonin~ districts may
be reduced or be provided as a zero-yard setback if it can be demonstrated to the
satisfaction of the Town Council, upon recomm~ndati0n from the Plannine
Commission, that the proposed setback will facilitate a structure that is
h~-monious and compatible with ~he surrounding uses within the MC district.
SECTION H. All prior ordinances in conflict herewith are hereby repealed, date of the hearing.
SECTION HI. Severability. If any provision of this ordinance is declared invalid by a court of
competent jurisdiction, the deci_'sion 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, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
10. (d) was referred to the July 7, 1992, Planning and Zoning Committee meeting as a result of an
incomplete proffer p~ekA~e.
lO.(e)
MOTION
On motion of Councilmember Clem, seconded by Councilmember Webb, the following items were
proposed as consent items and tw~nimously adopted.
92-O-19 - ORDINANCE - AMENDING CHAPTER 12.1 OF THE TOWN CODE RE~ARDIN~ REVISED
PAY AND CLASSIFICATION PLAN
WHEREAS, during the budget process each year the town manager's office reviews the town's
pay and classification plan for appropriate revisions; and
WHEREAS, the adopted fiscal year 1993 budget includes necessary appropriations to fund the
town's pay and classification plan.
TI-TRREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 12.1-10 of the Town Code, classification of town employees by occupational
group and pay grades, is amended to read as follows:
Sec. 12.1-10. Classification of town employees by occupational groups and pay grades.
Employees in the town service are classified in the following occupational groups and pay grades:
Occupational
Groups Position Pay Grade
Executive-Managerial Dir. of Engineering/Public Works 27
" Chief of Plan Review 24
" Director of Utilities 26
" Director of Finance 26
" Director of Planning, Zoning 26
and Development
Asst. Town Manager for Economic Development
and Administration
" Chief of Police 26
" Director of Parks and Recreation 24
Law Enforcement Parking Control Officer 2
" Police Officer 13
21
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Minutes of June 23, 1992
#
Administrative-Clerical
#
#
#
#
Supervisory
Technical
Profe~ion~l
Construction/Maintenance
Police Officer 1st Class
Corporal
Sergeant
Lieutenant
Captain
Investigator
Clerk Typist
Data Entry Clerk
Secretary
Accounting Clerk I
Accounting Clerk II
Administrative Secretary
Zoning & Development Asst.
Executive Secretary
Clerk of Council
Personnel Officer
Public Information Officer
Desk Clerk
Parking Attendant
Superintendent Equipment Maintenance
Water Supply Superintendent
Superintendent Buildings
Grounds and Maintenance
Utility Lines Superintendent
WPCF Superintendent
Asst. Director of Finance
Parks and Marketing Coordinator
Recreation Coordinator
Recreation Supervisor
Aquatics Supervisor
Center Supervisor
Asst. Utility Plant Mechanic
Heavy Equipment Operator
Utility Billing Technician
Asst. Super. Bldgs. & Grounds
Asst. Super. Equip. Maint.
Senior Operator
Operator I
Operator Il
Operator III
Operator IV
Asst. Supt. Utility Lines
Senior Inspector
Sr. Utility Plant Mechanic
Asst~ Water Supply Supt.
Capital Projects Representative
Capital Projects Coordinator
Asst. WPCF Supt.
Facility Inspector
Asst. Zoning Admin.
Systems Technician
Meter Technician
Recreation Attendant
Lifeguard
Instructors
Chief of Operations & Inspections
Engineer Il
Traffic Engineer
Chief of Current Planning
Chief of Comprehensive Planning
Planner Il
Zoning Administrator
Laborer
Maintenance Worker II
14
15
17
20
22
15
4
3
5
4
5
7
10
10
11
9
8
2
2
15
18
17
17
18
15
15
15
12
12
12
5
7
8
13
13
12
11
10
7
4
13
14
11
13
19
14
13
13
14
8
5
n/a
n/a
n/a
18
18
18
21
20
17
20
1
7
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Minutes of June 23, 1992
Maintenance Worker I
Mechanic I
5
5
SECTION II. Section 12.1-15 of the Town Code, being the pay grades for competition
of employees in the town service, is amended to read as follows:
Grade FY 1993 Pa.v Range
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
$14,232-21,362
14,944-22,431
15 691-23,552
16 475-24,730
17 299-25,966
18,164-27,264
19,073-28,627
20,025-30,060
21,027-31,561
22,079-38,141
23,183-IM,797
24,342-36,537
25,559-38,363
26,837-40,281
28,178-42,296
29,588-44,411
31,067-46,631
32,620-48,963
34,251-51,411
35,964-53,982
37,762-56,681
39,650-59,515
41,632-62,490
43,714-65,615
45,900-68,896
48,195-72,340
50,605-75,958
SECTION III. All prior ordinances in conflict herewith are repealed.
SECTION V. This ordinance shall be effective for payrolls in the fiscal year beginning July 1,
1992.
92-O-20 - ORDINANCE - AMENDING CHAPTER 2, ARTICLE VII, SECTION 2-87, 2-88, 2-89, 2-90, 2-
91, 2-91.1, 2-91.2, CHAPTER 5.1-80(b) AND CHAPTER 13, SECTION 13-17 OF
THE LEESBURG TOWN CODE, REGARDING COMPENSATION FOR
BOARDS AND COMMISSIONS
WHEREAS, the Town of Leesburg's boards and commi.o, sions and Town Council have volunteered
to reduce or eliminate their monthly compensation in response to the FY 1992 Budget shortfall:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Compensation for the town's boards and commissions are amended as follows:
Sec. 2-87. Airport Commission.
Compensation of members of the town airport commission, exclusive of the councilmanic
appointment, aftervT"~y-. -7, .v----~n°°, July 1. 1992 ~hc~!q~ ~C --is $6QiL~ eliminated v~cr ~----, ...... r.c. ygb!c in oqua!
Sec. 2-88. Board of architectural review.
Compensation of members of the Wwn board of architectural review, after ~'---~..... ~_ I, '.~..., July
1992 shall be '~ °~ ~ ~600.00 per annum, payable in equal monthly installments.
Sec. 2-89. Board of zoning appeals.
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Minutes of June 23, 1992
Compensation of members of the town board of zoning appeals, after .¥.a.-ck !, 19~, July 1, 1992
shall be $1,2L~.~'~ $50.00 per meeting attended,.-ct _~.~, ...... ~c.y---blc ._:- cq:ml mc---*~.~ly ".---~_~21.--..c.-.~o.
Sec. 2-90. Economic development committee.
Compensation of members of the town economic development committee, exclusive of the
councilmanic appointment and the town staff appointment, after ~'uly 1, 1922, July 1, 1992 z71---! hc is
,cnn nn eliminated -ct ...... ~..~y:b!c: ...... 1 ~--.4-1,.,,1.. 1--,,..+~11--~--.1-.
Sec. 2-91. Mayor and councllmembers.
Compensation for the mayor and members of the council, after ~,fiy 1, 192~, July 1, 1992 shall
be,".,vvv.vv=~ ~ $3,750.00 and ~ $3,000.00 per annum, respectively, payable in equal monthly
installments.
Sec. 2-91.1. Parks and recreation commission.
Compensation of members of the town parks and recreation commission, exclusive of the
councilmanic appointment, after July 1, 1992 :hall ~_is $6/~00 eliminated -Ar~ annum, ~yahlc ir. cqual
~--+T.I..
Sec. 2-91.2. Environmental advisory commission.
Compensation of members of the town environmental advisory commission, exclusive of the
councilmanic appointment and the town staff appointment, after July 1~ 1992
eliminated -ct, ~_~, ...... ~---y---blc .~:- cqu~.l mcn'~.~ly in~ll.--..cnta.
Sec. 5.1-80. Commission established generally.
in~l.~Imcn'~. Compensation of members of the town cable commission, after July 1, 1992 is eliminated.
Members shall be reimbursed for actual expenses incurred in the exerdse of their functions subject to
the availability of fund appropriated for the purpose and as approved in advance by the town manager.
Sec. 13-17. Compensation of members; reimbursement for expenses.
(a) Compensation of the chairman of the town planning commission after ~.fiy 1, 19£5 July 1,
1992, shall be $2,155.e~ $1,575.00 per annum, payable in equal monthly installments.
(b) Compensation of members of the town planning commission after ~ July 1, 1992
shall be,_,~.~'° ~ ~ $1,500.00 per annum, payable in equal monthly installments.
(c) Members of the town planning commission shall be reimbursed for actual expenses incurred
in the exercise of their functions.
SECTION II. This ordinance shall become effective on July 1, 1992.
92-O-21 - ORDINANCE - AMENDING ARTICLE IV OF THE TOWN CODE REGULATING SPECIAL
EVENTS
WHEREAS, the fiscal year 1993 approved budget includes funds to be collected for
reimbursement to the town for expenses incurred by the Wwn during the conduct of a special event; and
WHEREAS, special events are properly conducted under the town's rules, regulations and
ordinances:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia that the Town
Code is hereby amended to read as follows:
ARTICLE IV. COLONIAL AUGUST COURT DAYS
AND OTHER AUTHORIZED SPECIAL EVENTS
Sec. 16-61. Colonial August Court Days Commemoration Established.
195
Minutes of June 23, 1992
The'commemoration of Colonial Ausust Court Days is established within the town as an
annual re-enactment and celebration of early American amusement, culture and commerce. The Council
shall each year desi&mate the L~udoun Restoration and Preservation Society, Inc. as Colonial Ausust
Court Days sponsor under terms and conditions as asreed between the town and the sponsor. The
sponsor shall be respons/ble for fostering, producing or conducting amusements, cultural ~=hlbits and
commerce durin8 the commemoration of Colonial Ausust Court Days. Other special events sponsored
by 1Qcal non-orofit community ore~_ ni?ations and authorized bv Town Council may be conducted on town
property or rieht-of-wav. The mana~r shall extend the support, cooperation and assistance of town
departments and personnel to the authorized sponsor in accordanC~ with the rel0flations established in
the Town (~od~,
Sec. 16.6~-. Street closings, traffic re&adatlons.
The msns~eer is authorized to close streets and public ways and places and to regulate pedestrian
and vehicular traffic as necessary and appropriate for the conduct of Colonial August Court Days. Town
Council authorization is required for other special events on town property, streets or rights-of-way.
Sec. 16-63. Insurance Required.
The Colonial August Court Days sponsor and the sponsors of other town authorized special
events shall furnish the town as an additional insured a public liability and property damage insurance
contract insuring the liability of the sponsor for personal injury or death and damages to property
resulting from use of streets or other town orooerW during ~_l__:.lvv.v~ .._~.* .... -' ~-"-'vv_.. ~.~.r~'-- their event.
Sec. 16-64. Market Operations and Regulations.
A ~:kct An event on public streets and ways may be conducted during Colonial August Court
Days or other authorized special events subject to necessary and appropriate regulations issued each year
by the manager. The manager shall~-.'~.~.~c~ review and approve the time, place and merchandise
or ~rvie~ which may be offered for ~le by vendom from lo~tions within the streets and public ways.
.~-.-: ..... , .-:- 1:__. .... ...--~"~ '~:---.. --~ffiv-.'-- The manager shall provide the Council with copies of regulations and
~eements authorized by this '~=~ion. No pemon slmll tt~ the public ~ts for the ~le of ~ny good~
or ~rvie~ dnring 0olonis1 August Court Days or other special events without a permit i~ned by the
manager and authorized sponsor under regulations authorized by thi~ section, m~ .......... .a :,.
Sec. 16-65. Fees for Vendor Permits.
The ---------',:~ fee for a permit to use '&c ~=~E: .'~-":c= town property, ~ ~d ~gh~-of-w~y for
~e --~: cf~:~ ~-~. ~.-~-~-..~ condu~ of sp~ even~ during Colo~ Au~ Cou~ Days or dudn~ ~y
other sp~ ~ent ~ ~t by Ccun~ ~*'~ rc~luScn, sh~ ~fl~ ~e ~ of ~ ~c~ ~q~ for ~e
sp~ event ~ de~n~ by ~e ~ m~er, pm~d~, h~er, no f~ s~ be ch~ for ~e
pe~ i~ W ~e ~bu~ Volun~r Fi~ Dep~ent or ~e ~udoun Coun~ ~e S~ad.
Sec. 16-66. Solicitation and Collection of Donations.
The Colonial August Court Days sponsor/s and sponsors of other authorized special events are
authorized to solicit and collect donations from any person entering the market area for the purpose of
participating in Colonial August Court Days activities or the activities of the authorized special event.
Sec. 16.67. Entry fees.
Any fee cha~ed by the authorized special event sponsor shall not prohibit public
access to town propert,yt.s_treets or ri~hts-of-way.
This ordinance shall be in effect upon its passage.
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Minutes of June 23, 1992
92-90 - RESOLUTION - ADOPTING THE TOWN OF LEESBURG SOLID WASTE MANAGEMENT
PLAN
WHEREAS, the Town of Leesburg submitted a draft Solid Waste Management Plan to the
Virginia Department of Waste Management in June, 1991, as required; and
WlqE. REAS, the Virginia Department of Waste Management has reviewed the town's draft plan
and has provided review comments for the town to address; and
WHE~, the Town of Leesburg has addressed these comments and has incorporated the
additional information required into the plan; and
WHEREAS, the Town of Leesbnrg conducted a public hearing to consider the plan on March 10,
1992, at which time no comments were received; and
WHEREAS, the Commonwealth of Virginia requires that municipalities adopt their plans by July
1, 1992; and
WHEREAS, the Solid Waste Management Plan provides an integrated, comprehensive strategy
for the management of solid waste generated within the Town of Leesburg;, and
WHEREAS, the Town of Leesburg seeks to reduce, reuse, and recycle solid waste as the preferred
method of waste management:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town of Leesburg Solid Waste Management Plan, dated June, 1992, is hereby adopted. The
Town Manager is hereby authorized to transmit a copy of this resolution along with a copy of the adopted
plan to the Virginia Department of Waste Management.
92-91 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE TOWN'S
SERVICE
WHEREAS, during the budget process each year the town manager's office reviews the town's
positions and number of employees; and
WHERF. u~, the adopted fiscal year 1993 budget includes appropriations to fund the positions
listed below to provide necessary services.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The positions and number of employees in the town service established for the fiscal
year beginning July 1, 1992 are amended as follows:
Number of Full-Time Equivalent
Positions Available
LEGISLATIVE DEPARTMENT
Clerk of Council 1
EXECUTIVE DEPARTMENT
Manager
Asst. Town Manager for Economic
Development and Administration
Executive Secretary
Personnel Officer
Public Information Officer
Clerk Typist
FINANCE DEPARTMENT
Director of Finance
Asst. Director of Finance
Minutes of June 23, 1992
Accounting~ Clerk II
Accounting Clerk I
Systems Technician
Utility Billing Technician
POLICE DEPARTMENT
Chief of Police
Captain
Lieutenant
Sergeant
Corporal
Police Officer
Police Officer 1st Class
Administrative Secretary
Secretary
Parking Control Officer
Data Entry Clerk
ENGINEERING AND PUBLIC WORKS
ADMINISTRATION
Director of Engineering and Public Works
Tmmc Engineer
Administrative Secretary
ENGINEERING AND INSPECTIONS
Chief of Plan Review
Chief of Operafionsflnspect/ons
Engineer II
Engineer I
Capital Projects Coordinator
Capital Projects Representative
Senior Inspector
Facility Inspector
STREET MAINTENANCE
Superintendent
Asst. Superintendent
Maintenance Worker II
Maintenance Worker I
Laborer
EQUIPMENT MAINTENANCE
Superintendent
Ass~ Superintendent
Heavy Equipment Operator
Mechanic I
Laborer
PARKING METERS AND LOTS
Parking Attendant (part-time)
PLANNING~ ZONING AND DEVELOPMENT
Dir. Planning, Zoning & Development
Chief of Current Planning
Chief of Comprehensive Planning
Zoning Administrator
1
2
1
1
1
1
1
10
3
11
5
1
1
1
1
1
1
4
5
1.5
1
1
1
1
197
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Minutes of June 23, 1992
Planner H;
Asst~ Zoning Administrator
Zoning & Development 'Assistant
Administrative Secretary
Secretary
PARKS AND RECREATION
Director of Parks and Recreation
Administrative Secretary
Recreation Coordinator
Recreation Supervisor
Parks & Marketing Coordinator
Center Supervisor
Aquatics Supervisor
Desk Clerk
Recreation Attendant (part-time)
Lifeguard (part-time)
UTILITIES
ADMINISTRATION
Director of Utilities
Engineer II
Senior Utility Plant Mechanic
Administrative Secretary
Asst. Utility Plant Mechanic
WATER POLLUTION CONTROL
Superintendent
Asst. Superintendent
Senior Operator
OperaWr I
OperaWr II
Operator III
Equipment Operator
Laborer
rILmEs LINES
Superintendent
Asst. Superintendent Maintenance
Maintenance Worker II
Maintenance Worker I
Meter Technician
Laborer
WATER SUPPLY
1
1
2
3
2
1
1
1
Superintendent 1
Operator I 3
Operator II 3
OperaWr IV 1
TOTAL PERSONNEL AUTHORIZED
Full-time Equivalent
Part-time
157.5
15.4
92-92 - RESOLUTION - ACKNOWLEDGING THE GREENWAYS AND TRAILS FINAL REPORT AND
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Minutes of June 23, 1992
OFFICIAT.T.Y FORWARDING THE REPORT TO THE DEPARTMP. NT OF
PLANNING FOR TOWN PLAN ~WIEW
WHEKEAS, the Town of Leesburg entered into a Memorandum of Understanding with Loudoun
County, Northern Virginia Regional Park Authority and the National Park Service in September, 1989,
to work cooperatively toward the development of a Greenways and Trails Master Plan; and
WHEREAS, through the volunteer Greenways and Trails Advisory Committee, weekly meetings,
public workshops, a speakers bureau and displays were conducted to prepare a Final Plan integrating a
mesns of linking people and natural resources and open spaces, connecting national regional and local
trail% providing alternative transportation and wildlife habitats; and
WHEREAS, the project and efforts of the Advisory Committee have received both national and
state awards:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Town Council hereby acknowledges and commends the efforts of the Greenway and
Trails Advisory Committee.
SECTION II. Town Council endorses the concepts of the Final Plan in meeting the goal and
objectives of the September 14, 1989, Memorandum of Understanding.
SECTION Ill. Town Council officially forwards the Final Plan to the Department of Planning
for review as part of the Town Plan.
92-93 - RESOLUTION - AUTHORIZING A PUBLIC HEARING OF THE TOWN COUNCIL TO AMEND
THE LEESBURG ZONING ORDINANCE FOR INCLUSION OF AN AIRPORT
SAFETY OVERLAY DISTRICT, UNDER CHAPTER 11, TITLE 15.1-431 OF
THE 1950 CODE OF VIRGINL~ AS AMENDED
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of a public hearing with the Town Council to consider amending the Leesburg Zoning
Ordinance to include an Airport Safety Overlay District shall be published in the Loudoun Times-Mirror
on July 15, 1992 and July 22, 1992 for the public hearing on July 28, 1992 pursuant to Sect/on 15.1-431
of the 1950 Code of Virgini~ as ~mended. The public hearing shah begin at 7:30 p.m. or as soon
thereafter as the matter may be reached, and shah be held in the Council Chambers, 25 West Market
Street N.W., Leesburg, Virginia The clerk shall publish notice of this hearing and the Council's
intention to consider this amendment to the Leesburg Zoning Ordinance.
DISCUSSION
Mr. Kimball wished to encourage the new Town Council and ~ff to seriously evaluate and adopt the
placement of airport traffic patterns, with altitudes existent in the BFR and IFR Routes, on town maps.
He also encouraged the new Town Council to ensure that all new developers within this district be
informed of the presence of the airport. Also require that all new developers identify the existence
of the airport, the safety overlay district, traffic patterns and altitudes to an potential purchasers of
property. V~rhether residential or commercial.
92-94 - RESOLUTION - AUTHORIZING PACIUI.IJ, SIMMONS & ASSOCIATES, LTD, TO PREPARE
A DETAIl.ED SITE ANALYSIS OF THE TOP-RATED PROPOSED FIRE
STATION SITES
WHERFJ~, the Town Council directed ~aff to analyze and make recommendations regarding
the need for and the preferable locations for a fire substation in the northeast quadrant of town; and
WHEREAS, the staff report entitled "An Analysis Regarding the Town Plan Amendment to
Locate a Fire Substation in the Northeast Quadrant" dated May 15, 1992, recommended five top rated
sites for a fire substation location and that a detailed site analysis be prepared for each site; and
WHEREAS, on May 19, 1992, the Town Council Planning and Zoning Committee directed staff
to determine the cost to prepare a detailed site analysis for the five recommended sites; and
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Minutes of June 23, 1992
WHEREAS,~Paciulli, Simmons & Associates, Ltd., with whom the Town of Leesburg has a
continuing services contract, estimated the cost to prepare the detailed site analysis at $4,975; and
WHEREAS, the General Fund Budget for the fiscal year ending June 30, 1992 does not provide
funding for these services and must be amended:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia ss follows:
SECTION I. The Town Manager is authorized to procure the services of Paciuili, Simmons &
Associates, Ltd. to prepare a detailed site analysis for the five sites recommended to locate a fire
substation.
SECTION II. An appropriation in the amount of $4,975 is authorized from the General Fund
unappropriated fund balance to account number 200-8101-300-010.
92-95 - RESOLUTION - AUTHORIZING A FINAL TIME EXTENSION FOR COMPLETION OF PUBLIC
IMPROVEMENTS FOR THE ROSEMEADE SUBDMSION
WHEREAS, the Sunset Hill Corporation, the successor of Catoctin Chase Limited Parmership,
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 the time extensions
thereto which expired on June 8, 1992; and
WHEREAS, the developer needs additional time to complete the public improvements; and
WHE~, a letter of credit in the initial amount of $610,000.00 from American Security B_~nk
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 $98,518.00 by Resolutions No.
89-75, and No. 91-278. This letter of credit automatically renews for six month periods and is currently
in effect until September 30, 1992; and
WHEREAS, the completion of the public improvements to the satisfaction of the town and the
residents of Rosemeade 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. A final time extension to July 10, 1992 for completion of the public improvements
is approved.
SECTION II. Failure by the developer to complete all public improvements in the Rosemeade
Subdivision by July 10, 1992 will constitute a default under the contract.
SECTION III. In the event the developer does not complete the public improvements by July 10,
1992, the Town Manager is hereby authorized to declare the developer in default of its contract for public
improvements for the Resemeade Subdivision and to request payment pursuant to the letter of credit
from American Security Bsnk 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 sa~d contract.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
10. (g) Mr. Brown stated that Town Attorney George Martin has advised that this item is not required
for adoption by the Council.
Mr. Webb stated that the Clerk of Council should continue to report to the Council.
lO.(h)
MOTION
201
0
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Minutes of June 23, 1992
On motion of Mrs.-Forester, seconded by Mr. Kimball, the following ordinance was proposed and
unanimously adopte~L
92-0-22 - ORDINANCE - ~ING SECTION 10-171 OF THE TOWN' CODE TO PROVIDE ~
PARKING AT MARKET STATION AND LmER2~r STREET PARKING LOTS
WI'~.~, the town's fi~fl y~ 1003 approved budl~ do~ not indude revenue from metered
pm'king at Mm'k~ Station ~nd l.,iber~ Strt~t parking lots; and
~, the town's citizen advisor7 I~oups h~ve recommended fr~ l~rking at l~hu'k~ Station
~nd LiberBr Strut lot~ ~o improve ~eonomic development opport.'nniti~ in Lc~bu~.
~ORE, ORDAINED by the Council of the Town of I.,t~bm'~ in Virgini~ as follows:
StOlon 10-171 of the Town Code is hereby ~mendod to include the following ch~:
'&4'..--:.;--.1 .... l ,: ..... 1 ....... X?.' .... U:11 3 I 4- "L~..~, T ......... .3 C],d---~ .4- .,1
0 +i, T.T 0,~.,~ 4. ;I.. I 4. ~ .4.. C:7~..+'k
This ordinance shall be in effect upon its passage.
VOTE
Nay:
10. (_l)
Councilmembers Bange, Clem, Forester, Kimban, Lovin, Webb and Mayor Sevila
None
Mr. Brown briefly summarized the proposed legislation.
MOTION
On motion of Mr. Lovin, seconded by Mrs. Forester, the following resolution was proposed and adopted
by a role call vote of 6-1.
92-96 - RESOLUTION - AUTHORIZING THE ISSUANCE AND SAI,P, OF THE TOWN OF LEESBURG,
VIRGINIA UTILITY SYSTEM REVENUE BONDS, SERIES 1992
WHEREAS, the Town Council ("Council") of the Town of Leesburg, Virginia ("Town") has
determined that it is necessary for the Town to expand and improve the Town's wastewater collection,
processing and treatment system and related facilities ("Project"), and it is necessary and expedient to
borrow an estimated maximum amount of $27,000,000 and to issue revenue bonds ("Bonds") to provide
funds to pay the costs of such facilities; and
WHEREAS, the Town Council on May 26, 1992, at 7:30 p.m., held a public hearing on the
issuance of the Bonds in accordance with the requirements of Section 15.1-227.8 of the 1950 Code of
Virginia_; u ~mended ('Virginia"):
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Authorization of Bonds and Use of Proceeds. The Town Council hereby determines
that it is advisable to contract a debt and to issue and sell the Bonds in an amount not to exceed
$27,000,000. The issuance and sale of the Bonds is hereby authorized. The proceeds from the issuance
and sale of the Bonds shall be used to pay the costs of the Project, including the cost of issuing the
Bonds. In accordance with Section 15.1-227.2 of the 1950 Code of Virginia, as amended, the Council
elects to issue the Bonds pursuant to the provisions of the Public Finance Act of 1991.
SECTION II. Financing Documents. The Bonds shall be issued pursuant to a Master Indenture
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Minutes of June 23, 1992
("Master Indenture) between the Town and Crestar Bnni~ Richmond, Virginia as Trustee (*Trustee") and
a First Supplemental Indenture ("First Supplemental Indenture") between the Town and the Trustee.
The Master Indenture and the First Supplemental Indenture are approved in substantially the forms on
file with the Director of Finance. The Mayor and the Town Manager, or either of them, are authorized
to execute on behalf of the Town, and, if required, the Clerk of the Town is authorized to Affi= and attest
the seal of the Town to, the ~r Indenture and the First Supplemental Indenture, in substantially
the forms on file with the Director of Finance, with such changes, insertions or omissions as m~y be
approved by the Mayor or the Town Manager, whose approval shall be evidenced conclusively by the
execution and delivery of the documents.
SECTION III. Pledge of Revenues. The Bonds shall be limited obligations of the Town and
principal of, premium, if any, and interest on the Bonds shall be payable as provided in the Bonds and
the Master Indenture and First Supplemental Indenture solely from the revenues derived by the Town
from its water and wastewater systems, as set forth in the Master Indenture and First Supplemental
Indenture and from other funds that have been or may be pledged for such purpose under the terms and
conditions of such documents. Nothing in this Resolution, the Bonds, the Master Indenture or the First
Supplemental Indenture shall be deemed to pledge the full faith and credit of the Town to the payment
of the Bonds.
SECTION IV. Details of Bonds. The Bonds shall be issued upon the terms established pursuant
to this.Resolution and as set forth in the Master Indenture and the First Supplemental Indenture. The
Bonds shall be in substantially the form set forth in the First Supplemental Indenture.
SECTION V. Sale of Bonds. The Town Council authorizes the sale of the Bonds in an aggregate
principal amount not to exceed $27,000,000 to Alex Brown & Sons Incorporated, as Senior Managing
Underwriter, Craigie Incorporated and Wheat, First Securities, Inc., as underwriters ("Underwriters").
The Town Manager and the Mayor of the Town, or either of them, are authorized and directed to execute
and deliver a Bond Purchase Agreement with the Underwriters, providing for the sale and delivery of
the Bonds. The Mayor and the Town Manager, or either of them is authorized and directed to determine
and approve the final details of the Bonds, including, without limitation, the aggregate principal amount
of the Bonds, the interest rotes on the Bonds, the dates and maturity dates of the Bonds, the optional
redemption provisions and sale price of the Bonds to the Underwriters, provided that (i) the true interest
cost of the Bonds, excluding any bond insurance premium, shall not exceed 9%, (ii) the final maturity
of the Bonds shall not be later than 31 years from their date, (iii) the aggregate principal amount of the
Bonds shall not exceed $27,000,000, and (iv) the sale price of the Bonds excluding any original issue
discount shall not be less than 97% of par. The approval of such officers shall be evidenced conclusively
by the execution and delivery of the Bond Purchase Agreement.
SECTION VI. Non-Arbitrage Certificate and Tax Covenants. The appropriate officers and agents
of the Town are authorized and directed to execute a Non-Arbitrage Certificate and Tax Covenants
setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants
as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as
amended ("Code"), including the provisions of Section 148 of the Code and applicable regulations relating
to "arbitrage bonds." The Town Council covenants on behalf of the Town that the proceeds from the
issuance and sale of the Bonds will be invested and expended as set forth in the Indenture and the
Town's Non-Arbitrage Certificate and Tax Covenants, to be delivered simultaneously with the issuance
and delivery of the Bonds and that the Town shall comply with the other covenants and representations
contained therein.
SECTION VII. Disclosure Documents. The Town Manager, and such officers and agents of the
Town as he may designate, are hereby authorized and directed to prepare and distribute an appropriate
preliminary official statement, official statement, and such disclosure documents as may be necessary to
expedite the sale of the Bonds. The form of the Preliminary Official Statement on file with the Director
of Finance and a final official statement in substantially the form of the Preliminary Official Statement
are approved and their use by the Underwriters in connection with the offering and sale of the Bonds
is approved, ratified and confirmed. The Mayor and the Town Manager, or either of them, are authorized
and directed to deem the Preliminary Official Statement "final" for purposes of Securities and Exchange
Commi~ion Rule 15(c)2-12 and to execute and deliver the final Official Statement in substantially the
form of the Preliminary Official Statement, with such changes, insertions or omissions as the executing
officer may approve. Such disclosure documents shall be published in such publications and distributed
in such manner and at such times as the Town Manager, or such officers or agents of the Town as he
may designate, shall determine.
SECTION VIII. Further Actions. The Town Manager, and such officers and agents of the Town
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Minutes of June 23, 1992
as he may designate~ are authorized and directed to take such further action and to execute and deliver
such certificates and documents as they deem necessary regarding the issuance and sale of the Bonds and
all actions taken by such officers' and agents in connection with the ismmnce and sale of the Bonds are
hereby ratified and confirmed.
SECTION DL ~ Filing of Resolution. The appropriate officers or agents of the Town are
authorized and directed to file a certified copy of this Resolution with the Circuit Court of the County
of Loudoun, Virginia pursuant to Section 1§.1-227.9 of the Virginia Code.
SECTION )L Effective Date. This Resolution shall take effect immediately.
DISCUSSION
Mr. Webb stated that he cannot support the resolution. He stated that there were some steps that the
Council could have taken.
Ms. Bange stated that she does not believe that the town has any choice. The Council will be monitoring
every expenditure so that the homeowners will be alleviated as much as possible.
Mr. Lovin expressed his support of the proposed legislation.
Mrs. Forester stated that this issue has been thoroughly studied and discussed by the Council. She
expressed her support~
Mr. Kimball expressed his support.
Mayor Sevila stated that this is something that this Council reluctantly must do. He stated that he has
talked with incoming councilmembers Atwell and Trocino who also support the proposed legislation.
Mr. Clem stated that this issue was not taken lightly. It has been discussed prior to 1990.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Mayor Sevila
Nay: Councilmember Webb ·
lO. (k)
Mr. Brown briefly summarized the proposed legislation.
MOTION
On motion of Mr. Kimball, seconded by Mrs. Forester, the following resolution was proposed and
uD~n!mously adopted.
92-97 - RESOLUTION - RE0-ECTINO REFUSE AND RECYCLING BIDS, AUTHOEIZING ANOTHER
INVITATION TO BID, AND AUTHOR~IN~ A CONTRACT F,XTENSION
WITH fiRAYSON'S REFUSE SERVICE, INC.
WHE~, the town's refuse contract with firayson's Refuse Service, Inc. expires June ~0, 1~9.;
and
HEHEAS, on April 1, 1992, the Town of Leesburg issued an invitation to bidders for the
renewal of the town's four year refuse and recycling contract; and
HEREAS, the town has reviewed the five bids which were received on May 15, 1992; and
WHEREAS, the town reserves the right to reject any or all bids; and
WHERF_~S, internal inconsistencies in the bidding document warrant that it is in the town's best
interest to reject all bids, clarify the documents and re-bid the contract; and
WHEREAS, the existing contract with Grayson's Refuse Service may be amended by mutual,
written agreement executed by the contractor and the town:
204
Minutes of June 23, 1992
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia az follows:
SECTION I. The refuse and recycling bids received May 15, 1992 from AAA Disposal, Browning-
Ferris Industries, Eastern Waste Industries, Grayson's Refuse Service, and Waste M~nagement are hereby
rejected by the Town of Leesburg.
SECTION Il. The Town Council directs the Town Manager to clarify the bid documents, and
authorizes another announcement of an Invitation to Bid within ninety (90) days.
SECTION Ill. The Town Council authorizes the Town Manager to negotiate and execute an
interim, carry-over contract with Grayson's Refuse Service for a period of one hundred eighty (180) days,
or until a new contract is awarded.
VOTE
Aye:
Nay:
Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
None
~o.
MOTION
Ms. Bange moved that this matter be referred back to Committee, the motion was seconded by Mr.
Webb.
DISCUSSION
Mayor Sevila spoke in opposition to Ms. Bange's motion explaining that this is another opportunity to
impose another delay. This matter has been before all of the citizen groups that have been appointed
by Council. The groups have made a unanimous recommendation after weeks of discussion. He urged
the Council to vote against the motion to send this matter back to committee.
Mr. Lovin expressed his support of the proposed legislation.
Mr. Clem expressed his support of the proposed legislation.
Ms. Bange stated that she would feel more comfortable with a plan of what is proposed. The Council
needs to receive accountability for the funds.
Mr. Kimball expressed support of sending this matter back to committee.
VOTE
Aye:
Nay:
Councilmembers Bange, Kimball and Webb
Councilmembers Clem, Forester, Lovin and Mayor Sevila
MOTION
On motion of Mrs. Forester, seconded by Mr. Lovin, the following resolution was proposed and adopted.
92-98 - RESOLUTION - AMENDING RESOLUTION NO. 92-77 TO AUTHORIZE LEESBURG
RENAISSANCE, INC. TO ADMINISTER AN ADVERTISING PROGRAM
WHE~, on May 26, 1992 the Leesburg Town Council adopted Resolution No. 92-77 to
maintain parking fees in the downtown parking garage, initiate an advertising program, and amend the
fiscal year 1992-1993 budget; and
WHEREAS, on June 09, 1992 the Ad Hoc Committee to Promote the Retention and Expansion
of Business in Historic Downtown Leesburg (Ad Hoc Committee) presented its report to the Town
Council, including a resolution which recommended that the proceeds of the downtown parking garage
fees be directed to Leesburg Renaissance to be used expressly for the advertising and promotion of the
town with initial concentration in the downtown historic district; and
WHEREAS, on June 16, 1992 the Town Council Administration and Public Works Committee
205
Minutes of June 23, 1992
recommended that legislation be prepared to adopt thin Ad Hoc Committee resolution; and
WHERF, AS, on June 18, 1992 the Ad Hoc Committee, in a joint meeting with Leesburg
Renaissance and the Downtown Business Association, unanimously recommended that the advertising
plan submitted by Stilson Greene, dated June 15, 1992 (attached), be forwarded to the Town Council for
adoption, and that $20,000 of the overall $60,000 budget be directed to Leesburg Renaissance to begin
refining and immediately implementing this plan; and
WHEREAS, the Ad Hoc Committee was commissioned by the Town Council for the expressed
purpose of meeting with groups and org~ni,a~Jons representing the business community of the Town of
Leesburg for the purpose of recommending the best course of action to increase business and revif__Ali~,.e
the downtown business area; and
WHEREAS, two years ago'~the Downtown Business Assochtion formed Leesburg Repaissance,
a private/public partnership, for the purpose of allowing the Town to contribute funds into an
organization that promotes the entire town; and
~, the entire business community realizes the importance of the downtown to the
overall success of all businesses located in the town and therefore during the last two years the Leesburg
Renaissance has shown its commitment to the downtown historic district by having spent over eighty
percent (80%) of its time, money and other resources on projects and promotions exclusively for the
downtown businesses located in the historic district; and
WHEREAS, Leesburg Renais~mce is the only Leesburg exclusive orgsni~ation which has a full
time executive director that is able to coordinate with all other community organizations for the
placement of advertisin~
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Town of Leesburg Resolution No. 92-77 is hereby amended, effective July 1, 1992,
to appropriate $20,000 from the General Fund Account Number 200-810~300-010, EDAC Contractual
Services, to Leesburg Renaissance, Inc. for the purpose of funding a promotional program as outlined by
Stilson Greene, dated June 15, 1992, between the months of July and October, 1992, with the balance
to be paid in installments as additional advertising campaigns are approved by Town Council.
SECTION Il. Leesburg Renaissance has indicated that it is expanding its Board of Directors to
include representatives of the other business associations interested in promoting the town, and Leeeburg
Renaissance shall work closely with the Downtown Business Association to refine and implement this
plan.
VOTE
Aye: Councilmembers Clem, Forester, Lovin, Mayor Sevila
Nay: Councilmembers Bange, Kimball, Webb
]o. (t)
Mr. Johnson briefly summarized the proposed legislation.
MOTION
On motion of Mrs. Forester, seconded by Mr. Lovin, the following resolution was proposed and
unanimously adopted.
92-99 - RESOLUTION - AUTHORIZING A REDUCTION IN THE SIDE YARD REQUIREMENTS IN
THE MC DISTRICT PURSUANT TO SECTION 4F-6(4) OF THE LEESBURG
ZONING ORDINANCE FOR THE HERITAGE H~I.T, ADDITION LOCATED
AT 122 MORVEN PARK ROAD N.W.
WHEREAS, Heritage Hall submitted a development plan for the proposed expansion of the
existing facility located at 122 Morven Park Road N.W.; and
WHEREAS, the Planning Commission conditionally approved the expansion of the facility on
April 2, 1992; and
206
Minutes of June 23, 1992
WHEREASf the Planning Commission determined the expansion of the facility is harmonious
and compatible with the surrounding uses within the MC district; and
WHEREAS, subsequent to the approval of the development plan the applicant was informed that
the property must be subdivided in order to satisfy the financial lenders requirements that the addition
be contained on a separate lot; and
WHEREAS, in order for the Planning Commission to consider the subdivision application, the
side yard requirements must first be reduced to zero; and
WHEREAS, Section 4F-6(4) of the Leesburg Zoning Ordinance allows the reduction of setbacks
requirements upon authorization of the Town Council:
THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The side yard requirements of Heritage Hall are hereby reduced to zero in order
for HCMF V, Inc. to submit for approval a subdivision plat for the Heritage Hall expansion.
SECTION H. This authorization for reducing the side yard requirements are only applicable to
the location where the two buildings adjoin. The side yard adjacent to the existing single family homes
will not be reduced in any manner, and shall conform to the conditionally approved final development
plan dated March 26, 1992.
SECTION IlL The reduction of the side yard requirements does not specifically authorize
modifications to any other requirements of the Design and Construction Standards Manual, Subdivision
and Land Development Regulations or the Zoning Ordinance regulations.
VOTE
Nay:
Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
None
10. in)
Mr. Huff summarized the proposed legislation.
MOTION
On motion of Ms. Bange, seconded by Mr. Kimball, the following resolution was proposed and
unanimously adopted.
92-100 - RESOLUTION - ADOPTING THE FY 1993 ADMISSION AND PASS FEE SCHEDULE FOR
THE IDA LEE RECREATION CENTER
WHEREAS, each year the parks and recreation staff and Advisory Commission review the
recreation center's admission and pass fees; and
WHEREAS, the original goal of the fee schedule was to recover eighty percent of the center's
yearly operating costs; and
WHE~, after two years of operation, seventy percent is determined to be a more feasible and
accurate recovery rate; and
WHEREAS, the Parks and Recreation Advisory Commission has endorsed a new fee schedule
which includes a seventy percent recovery rate; discounted rates for youth, senior adults and financially
disadvantaged; and increased fees for non-county residents:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Council hereby adopts the fee schedule for fiscal year 1993 as presented at the June
16 meeting of the Administration and Public Works Committee.
DISCUSSION
207
0
l~em.
Minutes of June 23, 1992
Mrs. Forester stated-that she has reservation about the increased fee schedule and the income at Ida Lee
Park in terms of the~e fees. She will support thi~ legislation in hopes that ~ff will continue to review
There should be somethiflg done about non-resident fees.
Aye:
Nay:
CounSlmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
None
NEW BUSINESS
Mr. Brown briefly summarized the proposed legislation.
MOTION
On motion of Mrs. Forester, seconded by Mr. Webb, the following resolution was proposed and
unanimously adopted.
92-101 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR
SHENANDOAH SQUARE SHOPPING CENTER
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 plAn~ approved by the Director of Engineering and Public Works for
Shenandoah Square Shopping Center.
SECTION H. The extension of municipal water and sewer for Shenandoah Square Shopping
Center is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION Ill. The irrevocable bAnlt letter of credit in a form approved by the town attorney from
Nations B~nk in the amount of $297,636.00 is approved as security to guarantee installation of the public
improvements shown on p]~n~ approved by the Director of Engineering and Public Works for
Shenandoah Square Shopping Center.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
· ll. (b)
Mr. Brown summarized the following resolution.
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and unanimously
adopted.
92-102 - RESOLUTION - PETITIONING VIRGINIA'S UNITED STATES SENATORS AND
REPRESENTATIVES FOR HOUSING AND URBAN DEVELOPMENT
DEPARTMENT FUNDING FOR IMPROVING QUALITY OF LIFE OF
LOUDOUN HOUSE CITIZENS
WHEREAS, on May 19, 1992, the town manager corresponded with Mr. David Julian of the
National Housing Partnership (NI-IP), owner of Loudoun House; and
WHEREAS, the correspondence requested that Loudoun House's security force be reinstated due
to a growing number of violent incidence at Loudoun House; and
WHEREAS, Mr. Julian's response was that the federal funding for the project is in~,ffident to
208
Minutes of June 23, 1992
provide for a security force at Loudoun House; and
WHERFu~, the town's pblice force and Loudoun House's security force had worked well together
to control' crime in Loudoun House; and
WHERF. u~, the absence of a security force has created an environment more difficult to control
which has affected law enforcement; and
WHEREAS, additional federal funding at Loudoun House should be used to reinstate the security
force and improve the quality of life for Loudoun House citizens and those in surrounding neighborhoods:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The mayor is hereby authorized to petition Virginia's elected representatives in the U.S. Senate
and House of Representatives as well as the Secretary of Housing and Urban Development to provide
additional federal funding to reinstate the Loudoun House security force and improve the quality of life
of the citizens of Loudoun House.
VOTE
Aye: Councilmembers Bange, Clem, Forester; Kimball, Lovin, Webb and Mayor Sevila
Nay: None
Mr. Brown summarized the following resolution.
MOTION
On motion of Mr. Clem, seconded by Mr. Webb, the following resolution was proposed and uvanimously
adopted.
92-103 RESOLUTION - ESTABLISHING A MECHANISM TO OFFER A REWARD FOR
INFORMATION LEADING TO THE ARREST AND FINAL CONVICTION OF A
MURDER SUSPECT
WHEREAS, on June 16, 1992, at 4:40 P.M., Michael Whetsell, was shot while driving his car on
Edwards Ferry Road; and
WHEREAS, on June 18, 1992, Mr. Whetsell died from the gunshot wound; and
and
WHEREAS, the Leesburg Police Department is soliciting information connected with the murder,
WHEREAS, Section 15.1-137.2 of the 1950 Code of Virginia authorizes towns to administer
rewards in felony and misdemeanor cases; and
WHEREAS, inquiries have been received by town officials regarding potential contributions to
such a reward; and
WHEREAS, Crime Solvers is an organization designed to administer rewards for assistance in
resolving criminal activity:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager is hereby authorized to collect donations to be distributed to Crime Solvers
to be used as a reward for information leading to the arrest and final conviction of the person or persons
who were responsible for the death of Michael Whetsell.
DISCUSSION
Mr. Clem stated that something has to be done to put fast closure to this issue. There a lot of people
in this town including Mr. Clem who are very upset about this tragedy. This is a senseless shooting.
We need to allow the police to do their job to solve this case. A meeting of the Town Council should be
209
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Minutes of June 23, 1992
held at the first ~ of July to discuss this matter and the problems occurring at Meadows Lane and the
Loudoun House areas.
VOTE'
Aye: Councilmembers B~_nge, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
MOTION
On motion of Mr. Kimball, seconded by Ms. Forester, the meeting was adjourned at 1:07 a.m.
VOTE ..
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
Robert E. Sevila, Mayor
Town of Leesburg
Clerk of Council