HomeMy Public PortalAbout1997_10_14TOWN COUNCIL MINUTES OF OCTOBER 14, 1997
A regular meeting of the Leesburg Town Council was held on Tuesday, October 14, 1997 at 7:30
p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia 20176, Municipal Government
Center. The meeting was called to order by Mayor James E. Clem.
COUNCILMEMBERS PRESENT
J. Frank Buttery, Jr.
Jewell M. Emswiller
Joseph tL Trocino
Kris-ten C. Umstattd (absent)
B. J. Webb
William F. Webb, Jr.
Mayor James E. Clem
STAFF MEMBERS PRESENT
Town Manager Steven C. Brown
Deputy Town Manager Gary A. Huff
Director of Engineering and Public Works Thomas A. Mason
Zoning Administration Brian Boucher
Public Information Officer Susan Farmer
Town Attorney George Martin
Assistant Town Manager for Economic Development John King
Clerk of Council Barbara Markland
1. INVOCATION was given by Councilmember Joseph R. Trocino
2. SALUTE TO THE FLAG was led by Councilmember B. J. Webb
3. ROLL CALL ail members of the Town Council were present except Councilmember Kristen C.
Umstattd.
4. APPROVAL OF MINUTES
MOTION: On motion of Ms. Webb, seconded by Mr. Buttery, the regular meeting minutes of September
23, 1997 and the speciai meeting minutes of October 3, 1997 were approved as written.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, B. J. Webb, William F. Webb, Mayor Clem
Nay: None
Absent: Councilmember Umstattd
5. PROCLAMATION:
MOTION: On motion of Ms. Webb, seconded by Ms. Emswiller, the following proclamation was
proposed and unanimously adopted.
PROCLAMATION
OCTOBER 1622, 1997
NATIONAL BUSINESS WOMEN'S WEEK
WHEREAS, working women constitute a growing percentage of the nation's workforce and are
constantly striving to serve their communities, their states and their nation in civic and cultural programs;
and
WHEREAS, major goals of business and professional women are to help create better conditions
for business women through the study of social, educational, economic and political problems; to help
business and professional women be of greater service to their community and to strengthen the ties of
friendship among women throughout the world; and
WHEREAS, National Business Women's Week is being sponsored nationally by BPWFLISA and
locally by the Virginia Federation and local organizations.
THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby
proclaim October 16 through October 22, 1997, as National Business Woo;::.~',? We~.k in Leesburg,
Virginia.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, B. J. Webb, William F. Webb, Mayor Clem
Nay: None
Absent: Councilmember Umstattd
CERTIFICATES OF APPRECIATION were presented to William Detweiler for his service to the
Town of Leesburg on the Tree Commission and BZA. To Mr. George Tellman for his service on the
Cable Advisory Commission and to Mr. Emory Plaster for his service on the Board of Architectural
Review.
Mayor Clem presented a bronze plaque to Town Attorney George Martin for his years of dedication and
service to the town.
6. PETITIONERS
Ms. Ann Hart thanked the Town Council for it's support of the Antique Guide.
Ms. Priscilla Godfrey, representing Loudoun Valley High School, requested a waiver of the rental fees for
the after graduation party at Ida Lee Park.
Ms. Susan Washington, a resident of Shenandoah Street, addressed the Council with regard to the pit bull
incident and requested the Council adopt a more stringent town ordinance regarding vicious dogs. Ms.
Washington also expressed concern with the way in which her call was handled by the Loudoun County
Sheriff's office. Ms. Washington presented a written statement which is be made a part of the official
record.
Ms. Webb asked that Ms. Washington's concerns be relayed to the Sheriff's office.
Ms. Canton, a resident of Shenandoah Street and owner of the cat which was destroyed by the pit bull,
addressed the Council requesting the town's vicious dog ordinance be strengthened.
Ms. Wendv Webb, a resident of Shenandoah Street, addressed the Council requesting the town's vicious
dog ordinance be strengthened.
Ms Perm' Trammel, a resident of Shenandoah Street and owner of the pit bull, addressed the Council
apologizing to Ms. Canton for the destruction of her cat. Ms. Trammel stated the pit bull is no longer
housed in Leesburg.
Ms. Jennifer Garcia, addressed the Council stating that she now houses the pit bull and trusts it
completely with her young children.
Ms. Karen McDaniel, stated the pit bull is not vicious.
Mr. David Heatwole, representing the Transcendental Arts Council (TAC), addressed the Council with an
update of the TAC's progress.
Ms. Karen Richardson, a resident of 1207 Barksdale Drive, N.E., Potomac Crossing, addressed the
Council regarding blasting concerns in Potomac Crossing. Ms. Richardson submitted a written statement
which is made a part of the official record.
7. PUBLIC HEARINGS
a. TO CONSIDER AN AMENDMENT TO THE SUBDIVISION AND LAND DEVELOPMENT
REGULATIONS REGARDING VACATION OF BOUNDARY LINES.
Mr. Boucher provided a brief staff report. No public comment was received.
MOTION: On motion of Ms. Webb, seconded by Mr. Webb, this matter will be proposed for adoption as
new business.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, B. J. Webb, William F. Webb, Mayor Clem
Nay: None
Absent: Councilmember Umstattd
b. TO CONSIDER AMENDMENTS TO THE LEESBURG ZONING ORDINANCE
REGARDING WRITTEN NOTIFICATION TO ADJACENT PROPERTY OWNERS.
Mr. Boucher provided a brief staff report. No public comment was received.
MOTION: On motion of Mr. Webb, seconded by Ms. Webb, this matter will be proposed for adoption as
new business.
VOTE:
Aye: Cotmcilmembers Buttery, EmswiIler, Trocino, B. J. Webb, William F. Webb, Mayor Clem
Nay: None
Absent: Councilmember Umstattd
8. COUNCILMEMBER COMMENTS
Ms. Webb congratulated Morven Park on a successful ram event. Ms. Webb thanked the Loudoun County
Board of Supervisors' Public Safety Committee for scheduling a meeting with the Town's Public Safety
Committee to discuss the communications radios. Ms. Webb pointed out that the Route 7 eastbound left
lane is still closed and asked staff to correspond to VDOT to have the barrels removed. Ms. Webb met
with representatives of Pence Friedel.
Ms. Emswiller congratulated all of the Certificate of Appreciation recipients. Ms. Emswiller pointed out
that the Morven Park races were filmed by the Home Team Sports Channel and will be broadcast on
cable. Ms. Emswiller stated the hospital will be moving its patients on October 18th.
Mr. Trocino thanked Mr. Detweiler for his service to the Town of Leesburg, stating Mr. Detweiler is a
very qualified and competent person who will be missed. Mr. Trocino stated the Town of Leesburg has
reached the time where it can no longer rely on other jurisdiction's staff or ordinances, citing the concerns
raised regarding blasting, dog ordinances and 911 communications as examples.
Mr. Buttery attended the Morven Park races, stating it was well attended. Mr. Buttery pointed out that the
Leesburg Police Department will be moving into the new location on Plaza Street on Thursday. The fire
department's new building is moving along at a good pace. Mr. Buttery attended the Greenway Park
opening. He encouraged the town's citizens to bring any concerns or issues they may have to the attention
of the Town Council.
Mr. Webb stated he visited a resident in Potomac Crossing due to the blasting. Mr. Webb stated damage
is evident, however, the cause is unknown at this time. He agreed that the town does need to strengthen
its dog ordinance.
9. MAYOR'S ,REPORT
The Clerk of Council read into the record a letter dated October 14, 1997 addressed to Mayor James Clem
from Arcadia Building Company regarding blasting.
Mayor Clem attended the Greenway Park dedication. He attended the Loudoun County Public Safety
Committee meeting stating, that on May 7, 1997, the committee agreed to pay for police vehicle radios -
800 MHZ. Today, it was brought to the Council's attention that the Town may have to work out an
agreement with the County on things that have changed since May 7th. On May 29, 1997 the Council
voted to have a dispatch system which changed the scenario. The County is mostly concerned about the
transferring of calls and how it can be done in a safe manner, the cost incurred, the console change, etc.
There is no questions about the radios. The town's radio system to the vehicles has the hour and date of
issuance - will be intact. Mayor Clem stated Arcadia Development took the correct action in stopping its
blasting in Potomac Crossing until a full investigation is completed. Mayor Clem noted that a large firm
is looking at Leesburg as a potential home. He asked Ms. Emswiller to represent the Town as a voting
delegate at the VML conference.
10. MANAGER'S REPORT
Mr. Brown announced that a Block Party permit has been issued for Browns Meadow Court, N.E., for
October 19, 1997 from 4 p.m. to 8 p.m.
11. LEGISLATION
MOTION: On motion of Mr. Webb, seconded by Mr. Buttery, the following ordinance was proposed and
unanimously adopted.
97-0-33 - ORDINANCE -AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING
REVISED PAY AND CLASSIFICATION PLAN
WHEREAS, the town's pay and classification plan must be reviewed to be consistent with the
proposed FY 98 Budget; and
WHEREAS, in order to maintain a consistently high level of service the number of positions
should be revised.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 12.1-13 of the Town Code, classification of town employees by
occupational group and pay grades, is amended to read as follows:
Sec. 12.1-13. Adoption.
Employees in the town service are classified in the following occupational groups and pay grades:
Occupational
Groups Position Pay Grade
Executive-Managerial Director of Engineering/Public Works 16
" Chief of Engineering 14
M Director of Utilities 15
" Director of Finance 15
" Director of Planning, Zoning 15
and Development
" Chief of Police 15
" Director of Parks and Recreation 15
" Deputy Town Manager 15
" Airport Director 14
" Asst. Town Manager for Economic Development 13
Occupational
Groups Position Pay Grade
Law Enforcement Parking Control Officer 3
" Police Officer 8
" Police Officer 1st Class 9
" Corporal 10
" Sergeant 11
" Lieutenant 12
" Captain 13
Administrative-Clerical Clerk Typist 3
" Police Records Assistant 3
" Secretary I 3
" Accounting Clerk I 3
" Accounting Clerk II 5
" Library Assistant 4
" Accounting Clerk Ill 7
" Administrative Secretary 5
" Planning & Zoning Asst. 7
" Executive Secretary 7
" Clerk of Council 9
" Personnel Manager 9
" Public Information Officer 9
" Library Specialist 6
Supervisory Superintendent Equipment Maintenance 11
" Water Supply Superintendent 12
" Superintendent Buildings, 11
Grounds and Maintenance
" Utility Lines Superintendent 12
" WPCF Superintendent 12
" Asst. Director of Finance 12
" Asst. Director of Utilities 13
" Landscape Architect 10
" Recreation Programs Manager 10
" Recreation Center Manager 10
" Utility Plant Supervisor 9
" Library Manager 9
" Recreation Supervisor 8
" Pool Manager 8
" Communications Supervisor 8
Technical Utility Maintenance Mechanic 6
M Heavy Equipment Operator 5
" Utility Equipment Operator 5
" Finance Technician 6
" Asst. Super. Bldgs, & Grounds 8
" Senior Plant Operator 7
" Utility Plant Operator 6
" Utility Plant Operator Trainee 4
" Infiltration/Inflow Technician 6
" Arborist 8
" Asst. Supt. Utility Lines 9
Occupational
Groups Position Pay Grade
" Superintendent Utility Plant Maintenance 10
" Contracts Administrator 11
" Cross-Connection Compliance Officer 9
" Asst. WPCF Supt. 9
" Construction Inspector 9
" Asst. Zoning Admin. 9
" Assistant Superintendent Equip. Maim. 8
" Systems Technician 7
" Communications Technician 6
" Meter Technician 3
Professional Chief of Operations & Inspections 13
" Engineer I 9
" Engineer II 11
" TransportatiOn Engineer 12
" Chief of Planning 12
" Planner II 10
" Zoning Administrator 12
Construction/Maintenance Maintenance Worker II 3
" Airfield Maintenance Technician 7
" Maintenance Worker III 5
" Groundskeeper 5
" Maintenance Worker I 2
" Equipment Mechanic I 6
" Equipment Mechanic II 7
" Utility Crew Leader 5
" Utility Maintenance Mechanic 6
" Utility Maintenance Worker II 3
" Utility Maintenance Worker I 2
" Custodian 2
Part-time Regular per hour
" Temporary per hour
" Seasonal per hour
SECTION II. Section 12.1-14 of the Town Code, being the pay grades for compensation of employees
in the town service, is mended to read as follows:
Grade FY 1998 Pay Range
1 $16,099-25,716
2 17,386-27,773
3 18,777-29,995
4 20,279-32,395
5 21,901-34,986
6 23,653-37,785
7 25,54540,808
8 27,84444,481
9 30,35048,484
10 33,082-52,847
11 36,059-57,604
12 39,305-62,788
13 42,842-68,438
14 46,697-74,598
15 50,900-81,311
16 55,481-88,629
SECTION III. All prior ordinances in conflict herewith are repealed.
SECTION IV. This ordinance shall be effective upon passage.
DISCUSSION
Ms. Emswiller stated she will reluctantly vote for this ordinance, stating this maUer should have been
presented during the Council's budget workshops or deferred until next year's budget.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, B. J. Webb, William F. Webb, Mayor Clem
Nay: None
Absent: Councilmember Umstattd
MOTION: On motion of Mr. Webb, seconded by Ms. Webb, the following ordinance was proposed and
unanimously adopted.
97-0-34 - ORDINANCE - AMENDING SECTION 4-27 OF THE TOWN CODE TO REPLACE
EXISTING LANGUAGE WITH LANGUAGE FROM THE COUNTY OF LOUDOUN CODE OF
ORDINANCES
WHEREAS, the County of Loudoun Director of the Department of Animal Care and Control has
advised that the town's code must be updated to allow the county to perform animal control services in
Leesburg; and
WHEREAS, the language included in Section 612.215 of the County of Loudoun Code of
Ordinances should be included in the Town Code to ensure animal control services provided to citizens
outside the corporate limits of Leesburg are provided to Leesburg citizens.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 4-27 of the Town Code, Vicious and destructive animals is hereby repealed
and replaced as follows:
Section 4-27 Dangerous and Vicious Dogs.
(a) As used in this section:
(1) "Dangerous dog" means a canine or canine crossbreed which has bitten, attacked or
inflicted injury on a person or companion animal, other than a dog, or killed a
companion animal.
(2) "Vicious dog" means a canine or canine crossbreed which has killed a person or
inflicted serious injury to a person, including multiple bites, serious disfigurement,
serious impairment of health or serious impairment of a bodily function, or which
continues to exhibit the behavior which resulted in a previous finding by a court
that it is a dangerous dog, provided that its owner has been given notice of that
finding.
(b) Any animal warden who has reason to believe that a canine or canine crossbreed within his
or her jurisdiction is a dangerous dog or vicious dog shall apply to a magistrate of the jurisdiction for the
issuance of a summons requiring the owner or custodian, if known, to appear before a general district
court at a specified time. The sununons shall advise the owner of the nature of the proceeding and the
matters at issue. The animal warden or owner shall confine the animal until such time as evidence shall
be heard and a verdict rendered. The court, through its contempt powers, may compel the owner,
custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds
that the animal is a dangerous dog, the court shall order the animal's owner to comply with the provisions
of this section. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court
shall order the animal euthanized in accordance with the provisions of Section 3.1-796.119 of the Code of
Virginia, as amended.
(c) No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely
because it is a particular breed. No animal shall be found to be a dangerous dog or vicious dog if the
threat, injury or damage was sustained by a person who was committing, at the time, a crime upon the
premises occupied by the ammal's owner or custodian, committing, at the time, a willful trespass or other
tort upon the premises occupied by the animal's owner or custodian, or provoking, tormenting or
physically abusing the animal, or can be shown to have repeatedly provoked, tormented or physically
abused or assaulted the animal at other times. No police dog which was engaged in the performance of its
duties as such at the time of the acts complained of shall be found to be a dangerous dog or vicious dog.
No animal which, at the time of the acts complained of, was responding to pain or injury, or was
protecting itself, its kennel, its offspring or its owner or owner's property, shall be found to be a dangerous
dog or a vicious dog.
(d) The owner of any animal found by a court to be a dangerous dog shall, within ten days of
such finding, obtain a dangerous dog registration certificate from the animal warden for a fee of fifty
dollars ($50.00), in addition to other fees that may be authorized by law. The animal warden shall also
provide the owner with a uniformly designed tag which identifies the animal as a dangerous dog. The
owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all
times. All certificates obtained pursuant to this subsection shall be renewed annually for the same fee and
in the same manner as the initial certificate was obtained.
(e) All certificates or renewals thereof required to be obtained under this section shall only
be issued to persons eighteen years of age or older who present satisfactory evidence of the animal's
current rabies vaccination, if applicable, and evidence that the animal is and will be confined in a proper
enclosure, is and will be confined inside the owner's residence or is and will be muzzled and confined in
the owner's fenced-in-yard until the proper enclosure is constructed. In addition, owners who apply for
certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless
they present satisfactory evidence that their residence is and will continue to be posted with clearly visible
signs warning both minors and adults of the presence of a dangerous dog on the property and that the
animal has been permanently identified by means of a tattoo on the inside thigh or by electronic
implantation.
(f) While on the property of its owner, an animal found by a court to be a dangerous dog
shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to
prevent its escape or direct contact with or entry by minors, adults or other animals. The structure shall
be designed to provide the animal shelter from the elements of nature. When offits owner's property, an
animal found by a court to be a dangerous dog shall be on a leash and mn771ed in such a manner as not to
cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from
biting a person or another animal.
(g) If the owner of an onimal found by a court to be a dangerous dog is a minor, the
custodial parent or legal guardian shall be responsible for complying with all requirements of this section.
(h) After an animal has been found by a court to be a dangerous dog, the animal's owner
shall immediately, upon learning of the same, notify the local animal control authority if the animal is
loose or unconfined, bites a person or attacks another animal, is sold, given away or dies, or has been
moved to a different address.
(i) The owner of any animal which has been found by a court to be a dangerous dog, who
willfully fails to comply with the requirements of this section, shall be guilty of a Class One misdemeanor.
(j) All fees collected pursuant to this section, less the costs incurred by the animal control
authority in producing and distributing the certificates and tags required by this section, shall be paid into
a specially dedicated fund in the treasury of the county for the purpose of paying the expenses of any
training course required under Section 3.1-796.105 of the Code of Virginia, as amended.
SECTION II. This ordinance shall be in effect upon its passage.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, B. J. Webb, William F. Webb, Mayor Clem
Nay: None
Absent: Councilmember Umstattd
MOTION: On motion of Mr. Webb, seconded by Mr. Trocino, the following resolutions were proposed as
consent items and unanimously adopted.
97-236 - RESOLUTION - AMENDING PosmoNs AND NUMBERS OF EMPLOYEES IN THE
TOWN'S SERVICE
WHEREAS, the authorized number of positions in the town's service must be reviewed by the
Town Manager to be consistent with the proposed FY 98 budget; and
WHEREAS, in order to maintain a consistently high level of sen, ice the number of positions
should be revised.
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 for the fiscal year 1998
are established as follows:
Number of Full-Time Equivalent
Positions Available
LEGISLATIVE DEPARTMENT
Clerk of Council 1
EXECUTIVE DEPARTMENT
Manager 1
Deputy Town Manager 1
Public Information Officer 1
Executive Secretary 1
Administrative Secretary 1
Secretary 1
6
PERSONNEL
Personnel Manager I
ECONOMIC DEVELOPMENT
Asst. Town Manager for Economic Development
FINANCE DEPARTMENT
Director of Finance
Asst. Director of Finance
Systems Technician
Finance Technician
Accounting Clerk II
Accounting Clerk I
Meter Technician
POLICE DEPARTMENT
Chief of Police
Captain
Lieutenant
Sergeant
Police Officer 1st Class
Police Officer
Administrative Secretary
Secretary
Police Records Assistant
Communications Supervisor
Communications Technician
ENGINEERING AND PUBLIC WORKS
ADMINISTRATION
Director of Engineering and Public Works
Transportation Engineer
Administrative Secretary
ENGINEERING AND INSPECTIONS
Chief of Engineering
Chief of Operations/Inspections
Engineer II
Contracts Administrator
Construction Inspector
STREET MAINTENANCE
Superintendent
Asst. Superintendent
Maintenance Worker III
Maintenance Worker II
Maintenance Worker I
Data Entry Clerk (part-time)
EQUIPMENT MAINTENANCE
Superintendent
Assistant Superintendent
Heavy Equipment Operator
Equipment Mechanic II
Equipment Mechanic I
PARKING METER AND LOTS
Parking Attendant (part-time)
PLANNING~ ZONING AND DEVELOPMENT
Dir. Planning, Zoning & Development
Chief of Planning
Zoning Administrator
1
1
1
2
2
3
1.5
11.5
1
2
2
7
3
28
1
2
1
6
1
1
1
1
4
1
12
1
2
6
7
5
.5
21.5
1
1
1
1
1.5
Planner II
Asst. Zoning Administrator
Planning & Zoning Assistant
Administrative Secretary
Secretary
PARKS AND RECREATION
4
1
1
1
1
A
13
Director of Parks and Recreation
Recreation Programs Manager
Recreation Center Manager
Landscape Architect
Recreation Program Supervisor
Accounting Clerk I
Groundskeeper
Pool Manager
Custodian
Administrative Secretary
Secretary
Part-time Staff (p/t)
1
1
1
1
4
2
1.5
1
2
1
1.5
23.2
40.45
LIBRARY
Library Manager
Library Specialist
Library Assistant
Part-time Staff (p/t)
UTILITIES
1
1
1
3.5
ADMINISTRATION
Director of Utilities
Asst. Director of Utilities
Administrative Secretary
Cross-Connection Compliance Officer
Engineer I
1
1
1
1
UTILITIES LINES
Superintendent
Asst. Superintendent
Crew Leader
Utility Maintenance Worker I
Utility Maintenance Worker II
Infiltration - Inflow Technician
Utility Equipment Operator
WATER POLLUTION CONTROL
1
1
3
2
3
1
Superintendent
Asst. Superintendem
Utility Plant Supervisor
Senior Utility Plant Operator
Utility Plant Operator
Crew Leader
Utility Plant Operator Trainee
Utility Equipment Operator
Utility Maintenance Worker I
Utility Maintenance Worker II
Administrative Secretary
WATER SUPPLY
1
1
2
3
3
1
2
1
1
1
17
Superintendent
Utility Plant Supervisor
Senior Utility Plant Operator
Utility Plant Operator
Utility Plant Operator Trainee
Utility Maintenance Worker I 1
I1
UTILITIES MAINTENANCE
Superintendent
Utility Maintenance Mechanic
1
AIRPORT
Airport Director
Airfield Maintenance Technician
Secretary (Part-time)
TOTAL PERSONNEL AUTHORIZED
1
1
Full-time Equivalent 227.95 230.95
Part-time 27.95
Regular Full-time 200.0 203.0
9%237 RESOLUTION - AUTHORIZING A SCULPTURE GARDEN AT THE TOWN
GOVERNMENT CENTER
WHEREAS, the Loudoun Arts Council requests permission to install a sculpture garden at the
Town Government Center; and
WHEREAS, the Council desires to promote the arts throughout the town.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Loudoun Arts Council is granted permission to install a sculpture garden
in the green space at the Loudoun Street entrance to the parking garage.
SECTION II. Town Council reserves final determination whether art sculptures are
appropriate for public display.
SECTION III. The Loudoun Arts Council will be fully responsible for installation and upkeep
of the sculptures and landscaping while the town will maintain the area including mowing and irrigation.
SECTION IV. The town will be held harmless for any damages to the sculptures.
SECTION V. The Loudoun Arts Council will provide the appropriate liability insurance and
name the town as an additional insured.
SECTION VI. The town reserves the right to have the Loudoun Arts Council remove the
sculpture garden at any time.
97-238 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
EXETER SECTION 4
WHEREAS, Pulte Home Corporation, the developer of Exeter Section 4, 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 subsequent
time extensions; and
WHEREAS, the developer has requested a time extension to November 7, 1997 to complete the
remaining public improvements; and
WHEREAS, a letter of credit in the current amount of $259,300.00 from NationsBank was
provided by the developer to guarantee the installation of public improvements in Exeter Section 4.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from NationsBank in the amount of $259,300.00 is approved to
guarantee the installation of public improvements in Exeter Section 4.
SECTION II. A time extension to November 7, 1997 for completion of the public improvements
is approved.
9%239 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
EXETER SECTION 6
WHEREAS, Pulte Home Corporation, the developer of Exeter Section 6, 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 subsequent
time extensions; and
WHEREAS, the developer has requested a time extension to November 7, 1997 to complete the
remaining public improvements; and
WHEREAS, a letter of credit in the current amount of $167,626.00 from NationsBank was
provided by the developer to guarantee the installation of public improvements in Exeter Section 6.
THEREFORE, RESOLVED by the Council of the Town of Lcesburg in Virginia as follows:
SECTION I. The letter of credit from NationsBank in the amount of $167,626.00 is approved to
guarantee the installation of public improvements in Exeter Section 6.
SECTION II. A time extension to November 7, 1997 for completion of the public improvements
is approved.
97-240 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR THE
WARREN HILL SUBDIVISION
WHEREAS, Chadsworth Homes, Inc., the developer of the Warren Hill 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
WHEREAS, the developer has requested a time extension to November 21, 1997 to complete the
remaining public improvements; and
WHEREAS, a corporate surety bond in the current amount of $79,481.00 from The American
Motorists Insurance Company was provided by the developer to guarantee the installation of public
improvements in the Warren Hill Subdivision.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from The American Motorists Insurance Company in
the amount of $79,481.00 is approved to guarantee the installation of public improvements in the Warren
Hill Subdivision.
SECTION H. A time extension to November 7, 1997 for completion of the public improvements
is approved.
97-241 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS INSTALLED IN SYCAMORE HILL PHASE I, SECTION 1
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Sycamore Hill Phase I, Section 1 and certified that the value of work
performed is $390,900.00; and
WHEREAS, a letter of credit in the amount of $629,273.00 from The Ohio Savings Bank was
provided by the developer and approved by the Council to guarantee installation of public improvements
for Sycamore Hill Phase I, Section 1.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from NationsBank in the amount of $629,273.00 is reduced to
$238,373.00.
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 Sycamore Hill Phase I, Section 1.
97-242 - RESOLUTION - MAKING A REDUCTION OF THE PERFORM,~NCE GUAR~.31TEE
FOR PUBLIC IMPROVEMENTS INSTALLED IN SYCAMORE HILL PIt~3,SE H, SECTION 1
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Sycamore Hill Phase II, Section 1 and certified that the value of work
performed is $297,596.00; and
WHEREAS, a letter of credit in the amount of $557,490.00 from The Ohio Savings Bank was
provided by the developer and approved by the Council to guarantee installation of public improvements
for Sycamore Hill Phase II, Section 1.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from NationsBank in the amount of $557,490.00 is reduced to
$259,894.00.
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 Sycamore Hill Phase II, Section 1.
11. (1) was referred to the October 21, 1997 Administration and Public Works Committee agenda
for further consideration.
9%243 - RESOLUTION - MAKING A REDUCTION OF TIlE PERFORMANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS INSTALLED IN SYCAMORE HILL PHASE I OFFSITE
STORMWATER MANAGEMENT POND
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Sycamore Hill Phase I Offsite Stormwater Management Pond and
certified that the value of work performed is $55,024.00; and
WHEREAS, a letter of credit in the amount of $80,863.00 from The Ohio Savings Bank was
provided by the developer and approved by the Council to guarantee installation of public improvements
for Sycamore Hill Offsite Stormwater Management Pond.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from NationsBank in the amount of $80,863.00 is reduced to
$25,839.00.
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 Sycamore Hill Offsite Stormwater Management Pond.
97-244 - RESOLUTION - RESCHEDULING THE NOVEMBER 4, 1997 PLANNING AND
ZONING, FINANCE, AND ADMINISTRATION AND PUBLIC WORKS COMMITTEE
MEETINGS TO WEDNESDAY, NOVEMBER 5, 1997 AND RESCHEDULING THE REGULAR
TOWN COUNCIL MEETING OF NOVEMBER 11, 1997 TO WEDNESDAY, NOVEMBER 12,
1997
WHEREAS, election day falls on Tuesday, November 4, 1997; and
WHEREAS, Veteran's Day will be observed on Tuesday, November 11, 1997.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:~
SECTION I. The November 4, 1997, Planning and Zoning, Finance, and Administration and
Public Works Committee meetings are rescheduled to Wednesday, November 5, 1997 to observe election
day.
SECTION II. The November 11, 1997, Town Council meeting is rescheduled to Wednesday,
November 12, 1997, to observe Veteran's Day.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, B. J. Webb, William F. Webb, Mayor Clem
Nay: None
Absent: Councilmember Umstattd
REGULAR AGENDA ITEMS
11. (m)
MOTION: On motion of Ms. Webb, seconded by Ms. Emswiller, the following resolution was proposed
and unanimously adopted.
9%245 - RESOLUTION - MAKING APPOINTMENTS TO THE NOISE ABATEMENT CORRIDOR
ADVISORY COMMrITEE
WHEREAS, an advertisement was placed to solicit statements of interest from individuals interested in
serving on the Noise Abatement Corridor Advisory Committee; and
WHEREAS, as a result four applications were received, including two from members of the
development community and two from members of the general public.
THEREFORE, RESOLVED by the Council ofthe Town of Leesburg in V'~rginia as follows:
SECTION I. William Fissell, Edward Gorski, Richard Lanlmm and Fred Rudder, Jr. are
appointed to the Noise Abatement Corridor Advisory Committee.
SECTION II. Councilmember William F. Webb, Jr. is appointed to the Noise Abatement Corridor
Advisory Committee as the Council representative.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, B. $. Webb, William F. Webb, Mayor Clem
Nay: None
Absent: Councilmember Umstattd
12. NEW BUSINESS
MOTION: On motion of Mr. Webb, seconded by Ms. Webb, the following resolution was proposed and
unanimously adopted.
97-246 - RESOLUTION - AWARDING A CONTRACT FOR INTERSECTION IMPROVEMENTS
AND A TRAFFIC SIGNAL AT WEST MARKET STREET AND CATOCTIN CIRCLE /
FAIRVIEW STREET
WHEREAS, the FY '98 Capital Improvement Program includes a project for intersection
improvements and a traffic signal at the intersection of West Market Street and Catoctin Circle / Fairview
Street; and
WHEREAS, installation of the traffic signal and turn lanes is a high priority; and
WHEREAS, sealed bids for the work were solicited by public advertisement and received on
October 9, 1997; and
WHEREAS, two bids were received for this project and the bids were evaluated pursuant to the
bid documents and the town Purchasing Policy; and
WHEREAS, R. L. Rider & Company submitted the lowest bid and has been determined to be
both responsive and responsible; and
WHEREAS, sufficient funds have been appropriated in the FY '98 budget to complete this
project.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is authorized and directed to execute, on behalf of the town, a lump sum
contract with R. L. Rider and Company for the contract amount of $203,670 for intersection
improvements and a traffic signal at the intersection of West Market Street and Catoctin Circle / Fairview
Street.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, B. J. Webb, William F. Webb, Mayor Clem
Nay: None
Absent: Councilmember Umstattd
MOTION: On motion of MS. Webb, seconded by Ms. Emswiller, the following ordinance was proposed
and unanimously adopted.
97-0-35 - ORDINANCE - AMENDING SECTION 13-55.3 OF. THE LEESBURG SUBDMSION
AND LAND DEVELOPMENT REGULATIONS REGARDING THE VACATION OF
BOUNDARY LINES
WHEREAS, on July 1, 1997, the Virginia General Assembly, in regular session, amended
Section 15.1-483.1 of the Code of Virginia as it pertains to the vacation of boundary lines to give localities
authority to vacate certain boundary lines administratively without requiring a public hearing and/or
Council resolution; and
WHEREAS, to ensure consistency with the Code of Virginia, the Town of Leesburg Subdivision
and Land Development Regulations should be likewise amended; and
WHEREAS, on August 7, 1997 the Planning Commission held a public hearing on the proposed
text amendments and forwarded to Council a recommendation to adopt Resolution 97-164; and
and
WHEREAS, on October 14, 1997, Council held a public hearing on these proposed amendments;
WHEREAS, these amendments to the subdivision ordinance serve the public interest by
simplifying the procedure to consolidate parcels.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Leesburg Subdivision and Land Development Regulations are hereby amended
as follows:
SECTION 13-55.3
BOUNDARY LINE ADJUSTMENTS/VACATIONS
The Land Development Official may approve the vacation, relocation or alteration of the
boundary of any lot or parcel of land, which was established as part of an otherwise valid and
properly recorded plat of subdivision or resubdivision and properly executed by the owner(s) of
such land and approved as provided in this ordinance or properly recorded prior to the
applicability of a subdivision ordinance, if such vacation, relocation or alteration does not create
any additional lots or involve the relocation or alteration of streets, alleys, easements for public
passage, or other public areas; and provided further, that no easements or utility right-of-way
shall be relocated or altered without the express consent of all persons holding interest therein. A
boundary line adjustment/vacation shall result in lots which conform to the requirements of the
Zoning Ordinance, or in the case of existing non-conforming lots, does not increase the extent of
non-conformance. The plat approving the boundary line adjustment/vacation shall be in a form
approved by the Land Development Official and shall be executed by the owner or owners of such
land as provided in Section 15.1-477 of the 1950 Code of Virginia, as amended and shall bear
the seal and signature of a certified land surveyor, and the approval signatures of the Land
Development Official and Zoning Administrator. The subdivider or developer shall record the
boundary line adjustment/vacation plat in the land records of Loudoun County within six months
of approval. Any plat not so recorded shall be deemed null and void.
SECTION II. All prior ordinances in conflict herewith are repealed.
SECTION III. Severability. If any provision of this ordinance is declared invalid by a court 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 Buttery, Emswiller, Trocino, B. J. Webb, William F. Webb, Mayor Clem
Nay: None
Absent: Councilmember Umstattd
MOTION: On motion of Mr. Webb, seconded by Ms. Webb, the following ordinance was proposed and
unanimously adopted.
97-0-36 - ORDINANCE -AMENDING ARTICLES 11 AND 13 OF THE LEESBURG ZONING
ORDINANCE REGARDING NOTICE PROVISIONS FOR ZONING MAP AMENDMENTS AND
SPECIAL EXCEPTIONS
WHEREAS, on July 1, 1992, the Virginia General Assembly, in regular session, amended
Section 15.1-431.1 of the Code of Virginia as it pertains to notice provisions; and
WHEREAS, said amendment authorizes localities to delegate by ordinance for applicants for
zoning map amendments and special exceptions the responsibility for posting all required notices,
including written notices; and
WHEREAS, the proposed zoning ordinance text amendments would require applicants for
zoning map amendments and special exceptions to provide written notification of required public hearings
to adjacent property owners; and
WHEREAS, on August 7, 1997 the Planning Commission held a public hearing on the proposed
text amendments and forwarded to Council a recommendation to adopt Resolution 97-165, as modified;
and
and
WHEREAS, on October 14, 1997, Council held a public hearing on these proposed amendments;
WHEREAS, these amendments to the zoning ordinance serve the public interest by placing the
responsibility for notifying adjacent property owners on the applicants for zoning map amendments and
special exceptions.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Leesburg Zoning Ordinance is hereby amended as follows:
SECTION 13A-5.
PUBLIC HEARINGS
(1) Generally. Public hearings shall be advertised and held for all amendments to this
Ordinance as required by Article I, Chapter II, Title 15.1 of the 1950 Code of Virginia, as
amended.
(2) Landowner Initiated Cases - Adjacent Property Owner Notification. As provided for in
Section 15.1-431.1 of the 1950 Code of Virginia, as amended, in any case involving a zoning map
amendment or special exception which is initiated at the request of a landowner, such landowner is hereby
designated as the appropriate and responsible party to send written notices required by this article and
Section 15.1431 of the 1950 Code of Virginia, as amended.
SECTION 1 lA-4.
APPLICATION REVIEW AND ENFORCEMENT PROCEDURES
(7) Public Hearing by Town Council/Adiacent Property Owner Notification. A public
hearing by the Town Council shall be held within ninety days of receipt of a complete
application. As provided for in Section 15.1-431.1 of the 1950 Code of Virginia, as amended, in
any case involving a special exception which is initiated at the request of a landowner, such
landowner is hereby designated as the appropriate and responsible party to send written notices
required by Section 15.1431 of the 1950 Code of Virginia, as amended.
SECTION II. All prior ordinances in conflict herewith are repealed.
SECTION III. Severability. If any provision of this ordinance is declared invalid by a court 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 Buttery, Emswiller, Trocino, B. J. Webb, William F. Webb, Mayor Clem
Nay: None
Absent: Councilmember Umstattd
MOTION: A motion was made by Ms. Emswiller to declare a 30 day moratorium on blasting within 300
feet of property within the Town of Leesburg. The motion was seconded by Ms. Webb, for discussion
purposes only.
This matter was referred to a special meeting of the Town Council for further discussion and to allow for a
review by the Deputy Town Attorney.
On motion of, and duly seconded, the meeting was adjourned at 10:30 p.m..
Clerk of Council
J~s E. Clem, Mayor