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HomeMy Public PortalAbout1982_06_23 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 23, 1982. 401 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on June 23, 1982 at 7 : 30 p.m. The meeting was called to order by the Mayor , with the invocation by Mr. Tolbert, and followed with the Salute to the Flag led by Mr. Herrell. Present were : Mayor G. Dewey Hill, Jr. , Councilmembers Charles A. Bos, Glen P. Cole, Stan- ley D. Herrell , Jr. , Marylou Hill, John W. Tolbert, Jr. and Howard M. Willis, Jr. ; also Town Manager John Niccolls, Assistant Manager Jeffrey H. Minor, Director of Engineering Andrew G. Shope, Director of Finance Donald O. Taylor and Town Attorney George M. Martin. The minutes of the regular meeting of May 12 , 1982 were ap- proved as written. MANAGER' S REPORT: 1. The annexation negotiation team met with the County last night and again this afternoon. We heard their counter-proposal last night and they heard ours today. He thinks everyone feels some progress was made. 2 . Concerning the Loudoun Baptist Temple case - he was called N on either June 18th or 19th by the radio station and told that the Q town ' s conviction of the Loudoun Baptist Temple had been overturned. T He (Mr. Niccolls) commented to the radio station that he was glad it was resolved. He then asked if the town would refund any pay- - ments made by other churches or persons who are exempt? Mr. Nic- colls replied "Yes, we would do this. " However, the information Q given by the radio station was incorrect. The actual decision was reversed and remanded for further proceedings on some technical ques- tions and not overturned on the constitutional issues . So the matter is, unfortunately, still alive. Maybe in a couple more years there will be a decision. The fact is that they remanded it on a really technical question about what Judge Penn had ruled during the course of the local trial as to the admissibility of certain arguments about whether or not the measure was a regulatory measure or a revenue measure. Mr. Bos asked what other implications there are to the town? Mr. Niccolls believed they are minimal - there are very few other church-owned vehicles - most ministers own their own vehicles and don ' t have them in the name of the church. In this case, the pastor actually transferred, by donation, his vehicle to the church - for whatever purpose, but presumably to avoid tax on it. Mrs. Hill asked if this means then that, until it is resolved, they will be expected to pay? Mr. Niccolls said if they fail to pay, we will issue one ticket per year. We won 't harrass them. 3 . We are about a week behind on King Street, but think we are catching up. They have opened up a little larger work phase, so they have basically two areas underway now. They are still maintaining a pretty high degree of access to the businesses in the area. There have been a couple of complaints , but the project is coming along pretty well . 4 . The State Water Control Board has offered to increase the design (and ultimately the construction grant) for the wastewater treatment project because of what they call some innovative or al- ternative technology being used by Leesburg (specifically our land application system and the sludge concentration system that is to be used) . We will get a slight increase in the design cost, and then about a $40, 000 or $50 , 000 potential increase in the actual construc- tion grant. Grants for innovative techniques in wastewater manage- ment are at 90 percent, so this is good news. Mayor Hill asked if this was the result of their trip to Richmond? Mr. Niccolls did not know, but it may have helped - it certainly couldn' t hurt. COUNCILMEMBER INQUIRIES AND COMMENTS : Mr. Bos said the Economic Development Advisory Committee has met several times since the last meeting on a training course that Marc Weiss is leading them through. Participation is excellent and en- thusiasm is very high. He is really excited about the direction in which they are going. Priority setting is the next phase and he has encouraged the committee to have a spokesman, other than himself, to address the council on a periodic basis to give a review and how they feel on certain issues . There has been broad talk on a variety of things - the downtown area, the outlying area, annexation impli- MINUTES OF JUNE 23 , 1982 MEETING. 402 cations and a number of things. The committee is aware of a lot of the conflicting things that might come up with economic development. They are talking about a number of things that are almost Council matters or Planning Commission matters, as far as policy setting is concerned. They are a thoroughly aware group and very interested in the welfare of the town. Mayor Hill said he has heard something about the County setting up a commission of this nature - has there been any contact between the two groups? Mr. Bos said a couple of members of our group are in a similar group in the county. Joe Trocino and Tom Nalls are both very much involved in some of the county matters - this is good in terms of their experience level and their awareness of what good and bad things the county govern- ment does in terms of their review process, etc. Some of the other members of our group are in a variety of businesses and professions in town - it is a good group. It is a pretty varied group - he thinks it will be a broad view. Mayor Hill asked if he sees some cooperation between the two bodies? Mr. Bos felt it will inevitably lead in that direction. The County has been concentrating on the eastern section of the County and not much in the Leesburg area. Mr. Cole said he has received calls from people living on Phillips Drive concerning water running down between the houses - he asked them to appear before Council tonight, but none of them are here. This is going to be a health hazard, as well as mosquito land . He did not know whose problem it is. Mr. Shope has looked at it and he doesn ' t know the answer. It appears to be three spring heads that come down between the houses - water runs almost continu-. ously down the gutters and the ground is swampy between the houses. Mr. Cole thanked the members of Council that appointed him to serve for the additional six months - he wished all luck in the time to come, especially newcomers Mayor Sevila and Councilmember Gheen. The town has a good Town Manager and staff. Mayor Hill thanked him for coming back and thanked him for his efforts . Mr. Tolbert commented that, in looking through some old records (1892) last week concerning an electric franchise, he and the clerk discovered an ordinance that said 15 lamps should be lighted 22 nights each month and, when the moon was shining, no light at all. Mr. Tolbert said he received a call from a tenant at Loudoun House, saying he was being harrassed by the security guards for the park. Mr. Niccolls said this should be referred to the Police De- partment. Mr. Niccolls said EXPO at Dulles Airport is this Saturday and Sunday. He previously invited councilmembers to indicate if they would like to work the town ' s booth or exhibit area. We have a schedule of people from the Economic Development Advisory Committee and the staff to cover it full-time, but it would be nice if others would like to come in and be there to represent the town. Trans- portation has been arranged from a satellite parking lot. Mayor Hill said he would like to see all councilmembers and Mr. Sevila and Mr. Gheen there. 82-0-24 - ORDINANCE - AMENDING CHAPTER 7 OF THE TOWN CODE TO ADD ARTICLE XXI , SMOKE DETECTORS . On motion of Mr. Willis, seconded by Mr. Cole, the following ordinance was proposed: ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Chapter 7 of the Town Code is amended to add Article XXI , Smoke Detectors , to read as follows : ARTICLE XXI . SMOKE DETECTORS Sec. 7-440 . Smoke detectors required. The owner thereof shall install, service, repair or replace smoke detectors in locations specified in the Vir- ginia Uniform Statewide Building Code in the following MINUTES OF JUNE 23, 1982 MEETING. 403 structures or buildings constructed prior to the adoption of the Uniform Statewide Building Code : (1) Any multi-family building containing four or more dwell- ing units; (2) Any hotel or motel regularly used, offered for, or in- tended to be used to provide overnight sleeping accomo- dations for one or more persons; and (3) Rooming houses regularly used, offered for or intended to be used to provide overnight sleeping accomodations and which contain four or more units. "Smoke detectors" , when used in this Article, shall mean bat- tery operated or alternating current powered devices capable of sensing visible or invisible products of combustion that sound an audible alarm and satisfying the requirements of the BOCA Basic Building Code for smoke detectors . Sec. 7-441. Responsibilities in multi-family buildings. (a) The owner of a dwelling unit, which is rented or o leased in a multi-family building containing four or more j. dwelling units, shall furnish the tenant at the beginning —) of each tenancy and at least annually thereafter with written certification that all smoke detectors required by Section 7-440 Q have been inspected and are in good working order. CX (b) The tenant shall be responsible for reasonable care of the smoke detectors and for interim testing and for provid- ing written notice to the owner for repair of any malfunction- ing smoke detector . The owner shall be obligated to provide and pay for service, repair or replacement of any malfunction- ing smoke detector. Such service, repair or replacement must occur within five days of receipt of written notice from the tenant that a smoke detector is in need of repair. (c) The owner of a dwelling unit, which is rented or leased in a multi-family building containing four or more dwelling units, shall provide written notification to the tenant of the responsibilities and duties imposed by para- graph (b) of this section. SECTION II . This ordinance shall be effective upon its pas- sage. Mrs. Hill said this was referred back to committee and has been re- written - it is fine now. The County passed exactly what we didn' t pass . The committee deleted some of the items and reworded some of them. She felt it is a better ordinance than the county has. The Fire Marshal enforces this - our Code states the Fire Marshall is responsible for certain things. Mr. Willis said this ordinance is long over-due. The ordinance was unanimously adopted: Aye : Councilmembers Bos , Cole, Herrell, M. Hill , Tolbert, Willis and Mayor Hill . Nay: None. 82-0-25 - ORDINANCE - AMENDING SECTION 12 . 1-36 OF THE TOWN CODE. On motion of Mr . Cole, seconded by Mr. Tolbert, the following ordinance was proposed and unanimously adopted: ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION 1 . Section 12 . 1-36 of the Town Code is amended to read as follows : Section 12 . 1-36 . Funeral Leave. (a) In addition to vacation and sick leave, all employees shall be granted up to three days off with pay for death occur- MINUTES OF JUNE 23 , 1982 MEETING. 404 ring in the employee ' s immediate family. Immediate family shall be construed to mean one of the following : wife, hus- band, children, parents, brother, sister or relative living in the same household. (b) Under special circumstances, as determined by the manager, one day off with pay for death occurring to other members of the employee ' s family not listed above, may be approved. SECTION II . This ordinance shall be in effect upon its pas- sage. Aye: Councilmembers Bos, Cole, Herrell, M. Hill, Tolbert, Willis and Mayor Hill. Nay: None. 82-0-26 - ORDINANCE - AMENDING SECTION 17-1 OF THE TOWN CODE. On motion of Mr. Bos , seconded by Mr. Cole, the following ordi- nance was proposed: ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Section 17-1 of the Town Code is amended to read as follows : Sec. 17-1 . Annual Levy and rate of taxes .. Taxes shall be levied and collected as provided by law on taxable real estate, tangible personal property and bank capital in the town for each fiscal year beginning July 1 and ending June 30 for the support of the town government, payment of interest on town debt and for other town purposes. Every person assessed taxes by the town shall pay them as re- quired by law. (1) Taxes on all real estate and all tangible personal property, except the property of public service cor- porations, shall be as follows : Rate of Tax per Classification of Property $100 Assessed Value (a) Real estate $0 . 20 (b) Vehicles used as mobile homes or offices as described in Sec. 58- 829 . 3 of the Code of Virginia $0. 20 (c) All other tangible personal prop- erty except that listed in Sec. 58-829 . 1 of the Code of Virginia $1 . 00 (2) Taxes on all real estate and all tanbigle personal property of public service corporations shall be as follows : (a) Real estate except as provided • in (b) below $0. 20 (b) Real estate which has not been equalized as provided for in Sec. 58-512 . 1 of the Code of Virginia which shall continue to be assessed at forty per centum of fair market value $0. 65 (c) Tangible personal property $1. 00 MINUTES OF JUNE 23, 1982 MEETING. Rate of Tax per 405 Classification of Property $100 Assessed Value (d) Property classified as tangible personal property by the town before January 1, 1966 , except that portion reclassified as real estate under Sec . 58-514 . 2 of the Code of Virginia $1 . 00 (e) Property classified as tangible personal property by the town before January 1 , 1966 and re- classified as real estate under Sec. 58-514 . 2 of the Code of Virginia $0 . 20 (3) The tax on all bank capital shall be at the rate of $0 . 80 per $100 . 00 of the net capital of banks located in the town pursuant to Title 58 , Chapter 10 . 01 of the Code of Virginia. SECTION II . This ordinance shall be effective July 1, 1982 . OMrs. Hill said she can ' t support an 18 percent increase in taxes. ,T The budget was balanced with a 17 cent rate and this was without cutting nonessential items - we could have kept the 17 cent tax 7 rate. Mr . Bos felt this tax increase is necessary in order to have Q some minimal balance at the end of the year. Mr. Cole said we do Q have to have some working capital - there are emergencies when the town will need money. Mrs . Hill said we also have unexpected reve- nues - we are increasing automobile tags $5. 00 , so we end up with a 25 percent increase. Mayor Hill commented that if we had not in- creased our tags, the County would have taken this money. This should be in proper context. Mrs. Hill said we could have kept the 17 cents and we would have had, in effect, 18 cents . The ordinance was adopted by a roll call vote of 5 to 1 : Aye : Councilmembers Bos, Cole, Herrell, Tolbert, Willis and Mayor Hill. Nay: Councilmember M. Hill . 82-0-27 - ORDINANCE - :AMENDING CHAPTER 12 . 1 OF THE TOWN CODE. On motion of Mrs . Hill , seconded by Mr . Willis, the following ordinance was proposed and unanimously adopted: ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Section 12 . 1-10 of the Town Code, the classifica- tion of town employees by occupational group and pay grades, is amended to read as follows : Sec. 12 . 1-10 . Classification of town employees by occupa- tional groups and pay grades. Employees in the town service are classified in the fol- lowing occupational groups and pay grades : Occupational Pay Positions Grade Groups Executive-Managerial Director of Planning & Zoning 16 Director of Public Works 16 " Assistant Manager 17 Director of Finance 17 Director of Engineering 19 Asst. to Manager for Community Development 15 Director Utility Plants 16 Law Enforcement Parking Meter Attendant 4 Police Private 10 Private First Class 11 Corporal 12 Sergeant 13 " Investigator 13 " Lieutenant 14 ' Chief of Police 16 MINUTES OF JUNE 23, 1982 MEETING. , 406 _ 1 Administrative-Clerical Secretary 6 1, Police Clerk 6 II II Receptionist/Secretary 6 Billing Clerk 7 Accounting Clerk 7 " Administrative Assistant 9 1, Administrative Assistant-Engineering 8 Executive Secretary 9 Accounting Supervisor 9 Clerk of Council 10 Supervisory Shop Superintendent 12 Water Supply Superintendent 14 Street Superintendent 13 III ii Utility Lines Superintendent 14 " WPCF Superintendent 14 Technical Utility Maintenance Assistant 7 " Senior Equipment Operator ,8 Meter Mechanic , 8 " WPCF Operator Assistant - 8 Water Supply Operator B 7 II Assistant Street Superintendent 10 WPCF Operator A 11 ii WPCF Operator B 10 Assistant Utility Lines Superintendent 10 Assisant Water Supply Superintendent 12 Utility Plant Maintenance Foreman 12 . Laboratory Technician - 11 Assistant WPCF Superintendent 12 Facility Inspector 14 Construction/Maintenance Laborer 5 ,, Maintenance Person 7 n Laborer part-time 4 II If Mechanic 7 _ II SECTION II . Section 12 . 1-15 of-the Town Code, being the pay grades for compensation of employees in the town service, is • amended to read as follows : Sec. 12.1.-15. Pay grades and steps. The pay grades for compensation of employees in the town service are as follows: A B 6FWm __ _ 0 0 E F 6 H 1 4 8.775 9.225 9,650 10,150 10,675 11,200 11.775 12,325 12,950 5 9,400 9,875 10,350 . 10,875 11.425. 12,000 12,600 13,225 13,875 6 10,050 10,550 11,100 11,625 12,200 12,825 13,450 14,125 14,825 7 10,750 11,300 11,850 12,450 13,075 13,725 14,400 15,125 15,875 6 11,500 12,075 12,675 13,325 13,975 14,675 15,400 16,175 17,000 5 12,300 12,925 13,550 14,250 14,950 15,725 16,500 17,325 18,175 10 13,175 13,825 14,525 15,250 16,000 16,800 17,650 18,525 19,450 II 74,075 14,775 15,500 16,300 17.125 17,950 18,850 19,800 20,775 12 15,075 15,825 16,600 17,425 18,325 19,225 20,200 21,200 22,225 13 16,125 16,950 17,800 18,675 19,625 20,575 21,625 22,675 23,825 14 17,250 18,100 19,025 19,975 20.975 22,000 23,100 24,275 25.500 I' 18,450 19,350 20,350 21,325 22,425 23.550 24,700 25,950 27,250 16 19,750 20,725 21,775 22,875 23.975 25.200 26,450 27.775 29,150 17 21,125 22,200 23,275 24,450 25,675 26,950 28,300 29.725 31,200 18 22,600 23.725 24,525 26,175 27,475 26,850 30,275 31,800 33,400 15 24,200 25.400 26,650 28,000 29,400 30,875 32,400 31,050 -35,725 20 25.875 27,175 28,525 29.975. 31,450 33,025 34,675 36,400 38,225 MINUTES OF JUNE 23, 1982 MEETING . 407 SECTION III . This ordinance shall be effective for payrolls in the fiscal year beginning July 1 , 1982 . Aye: Councilmembers Bos, Cole, Herrell, M. Hill , Tolbert, Willis and Mayor Hill. Nay: None. 82-77 - RESOLUTION - ESTABLISHING POSITIONS AND NUMBERS OF EMPLOYEES IN THE TOWN ' S SERVICE . On motion of Mr. Herrell , seconded by Mr. Tolbert, the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : • The following positions and numbers of employees in the town service are established for the period beginning July 1 , 1982 : Number of Positions Authorized Employees Authorized N LEGISLATIVE DEPARTFLNT CD Nt Clerk of Council 1 QEXECUTIVE DEPARTMENT Manager 1 Assistant Manager 1 Assistant to Manager for Community Dev. 1 Executive Secretary 1 Receptionist/Secretary, part-time Secretary ( Community Development) , part-time 1 ' FINANCE DEPARTENT Director of Finance 1 Accounting Supervisor 1 Accounting Clerk 1 POLICE DEPARTMENT Chief of Police 1 Lieutenant 1 Sergeant 2 Corporal 2 Investigator 1 Private, 1st Class 2 • • Private 5 Police Clerk • 1 Parking Meter Attendant, part-time ENGINEERING DEPARTMENT Director of Engineering z Administrative Assistant, part-time 1/2 Facility Inspector 2 Receptionist/Secretary, part-time PLANNING AND ZONING DEPARTMENT Director of Planning and Zoning 1 Administrative Assistant PUBLIC WORKS DEPARTMENT Administration Director of Public Works Administrative Assistant • 408 MINUTES OF JUNE 23, 1982 MEETING. • Streets Division Street Superintendent 1 Assistant Street Superintendent 1 Senior Equipment Operator 1 Maintenance Person 4 Laborer 5 Shop Division Shop Superintendent 1 Mechanic 1 Laborer 1 UTILITIES • Water and Sewer Administration Director of Public Works 1 Director of Engineering 1 Director of Utility Plants 1 Meter Mechanic 1 Billing Clerk 1 Water Pollution Control Division Superintendent 1 Assistant Superintendent 1 Operator A 1 Operator B 2 Maintenance Foreman 1 Laborer 1 - Maintenance Person Assistant 1 Laborer part-time 1 UTill : 1ES ':Later Supply Division Superintendent i Assistant Superintendent 1 Operator B 1 • Operator Assistant 1 Labortory Technician 1 Utility Lines Division Superintendent 1 Assistant Superintendent 1 Maintenance Person 2 Laborer 4 Total Personnel Authorized Full Time 68 Part Time 6 Total 74 Mayor Hill commented that it is amazing that we keep the numbers of employees about the same, just as we have been able to pretty well hold the tax rate down. Mr. Bos felt the town has had a relatively small increase in the working force in the last four or five years - this shows the efficiency of the staff. The resolution was unani- mously adopted : Aye: Councilmembers Bos, Cole, Merrell , M. Hill , Tolbert, Willis and Mayor Hill . Nay: None. 82-78 - RESOLUTION - APPROVING THE BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30 , 1983 . On motion of Mr. Bos, seconded by Mr . Merrell, the following resolution was proposed: MINUTES OF JUNE 23, 1982 MEETING. 409 WHEREAS , the budget and the tax ratelfor the fiscal year ending June 30 , 1983 have been presented and reviewed by this Council which approved a tentative budget and tax rate for the fiscal year ending June 30 , 1983; and WHEREAS , a public hearing on the tentative budget and tax rate was held on June 9 , 1982; and WHEREAS, the manager has prepared the Revised Budget and Initial Appropriations for the Fiscal Year Ending June 30, 1983 , dated June 23, 1982 and filed the same with the Clerk of Council : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The Revised Budget dated June 23, 1982 is adopted and appropriations are made for - the fiscal year ending June 30, 1983 in the amounts shown under the "FY 1983 Initial Appropria- tions" column for the general, utility, airport, revenue shar- ing and capital project funds, except as provided by other resolutions. Q SECTION II . The manager is authorized to transfer .up .to 'one- half of the amount of appropriations made herein to operations and maintenance accounts within the same budget division. Q SECTION III . The approved budget for the utility fund in- CX eludes a $0. 30 per 1000 gallon water service charge increase effective January 1, 1983, necessary to fund the operation, maintenance and debt service of the water system. Further, budgets for fiscal years 1984 and 1985 shall include, re- spectively, $0 . 30 and $0 . 40 per 1000 gallon increases in water and sewer service charges if necessary. . The manager shall prepare appropriate legislation to enact the 1983 rate revision. The rate increase will not be subject to the 50 percent surcharge on out-of-town services. SECTION IV. The approved budget for the general fund includes revised revenues from the sale of motor vehicle- licenses at the new rate of $20 . 00 for automobiles and trucks and $15. 00 for motorcycles . The manager shall prepare appropriate legis- lation to reflect the revised rates . Mrs. Hill felt that Section III concerning an increase in the water and sewer rates is premature, particularly when a new council will be coming in on July 1st. Also, she did not understand Section II. Mr. Bos felt Section III is necessary to reflect the budget appro- priations. Mr . Herrell felt this is a big favor for the new Mayor. Mrs . Hill felt it is still premature. Mr. Niccolls said the trans- fer section has been in the budget for the last three or four years - this saves the staff from coming back in late June or early July for supplemental appropriations. The amounts are usually small and this works very well. The resolution was adopted by a vote of 5 to 1 : Aye : Councilmembers Bos, Cole, Herrell , Tolbert, Willis and Mayor Hill . Nay: Councilmember M. Hill . 82-79 - RESOLUTION - AUTHORIZING THE ISSUANCE AND SALE OF $680, 000 ROAD BOND ANTICIPATION NOTES AND APPROVING OFFICIAL STATEMENT OF THE TOWN. . 11 On motion of Mr. Willis, seconded by Mr. Cole, the following resolution was proposed : WHEREAS, the issuance of road bonds of the Town of Leesburg, Virginia (the. Town) , in the maximum amount of $680 , 000 was authorized by an ordinance adopted by the Council on May 26 , 1982 to provide funds for a program of road construction and improvement, and none of such bonds have been issued and sold; and 410 MINUTES OF JUNE 23, 1982 MEETING. WHEREAS, the Council considers it desirable to borrow money in anticipation of the issuance and sale of such bonds and for the purpose for which the bonds have been authorized; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . There are hereby authorized to be issued and sold $680, 000 road bond anticipation notes in anticipation of the issuance and sale of the road bonds previously authorized and for which such bonds have been authorized. SECTION II . The notes shall be designated "General Obligation Road Bond Anticipation Notes, Series of 1982 , " shall be in bearer form without privilege of registration, shall be dated July 21, 1982 , shall mature without option of prior redemption on July 21, 1983, and shall bear interest payable at maturity at such rate and shall be in such denominations as shall be de- termined at the time of sale. The notes shall be signed by the manual or facsimile signature of the Mayor and attested by the manual signature of the Clerk of the Council, and the Town' s seal shall be affixed thereto or a facsimile thereof shall be printed thereon. Principal and interest on the notes shall be payable in lawful money of the United States of America at the principal office of First & Merchants National .Bank, Rich- mond, Virginia, or The Chase Manhattan Bank, N.A. , at the option of bearer. SECTION III . The Mayor and the Clerk of the Council are hereby authorized to take all proper steps to have the notes prepared and executed in accordance with their terms and to deliver the notes to the purchasers thereof upon payment therefor. SECTION IV. The draft of the Official Statement dated June 11, 1982, describing the notes, copies of which have been provided each member of the Council , is hereby approved as the Official Statement of the Town. The Mayor, in collaboration with Hor- ner, Barksdale & Co. , may make such completions, omissions, insertions and changes in the draft of the Official Statement not inconsistent with this resolution as may be necessary or desirable to put it in final form. The Town Manager shall ar- range for the delivery to the purchaser of the notes of a rea- sonable number of copies of the Official Statement to be de- livered to the persons to whom the purchaser initially sells the notes . SECTION V. The notes authorized hereby shall be retired from the proceeds of the Town ' s road bonds described above, and the proceeds of such bonds shall be used for no other purpose until the notes have been retired or provision made for their retirement. In addition, the full faith and credit of the Town are hereby irrevocably pledged to the payment of princi- pal of and interest on the notes. There shall be levied and collected annually on all locally taxable property in the Town an ad valorem tax over and above all other taxes authorized or limited by law sufficient to pay the principal of and interest on the notes. SECTION VI . Such officers of the Town as may be requested are hereby authorized to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the notes issued pursuant hereto in order to show that such ex- pected use and investment will not violate the provisions of ® 103 (c) of the Internal Revenue Code of 1954 , as amended, and regulations issued pursuant thereto, applicable to "arbitrage bonds. " Such certificate shall be in such form as may be re- quested by bond counsel for the Town. SECTION VII . This resolution shall take effect immediately. Mrs. Hill asked that this go back to the committee to come before the Council at the next meeting - she has some questions . Has Hunton and Williams given us a statement that these are not arbitrage bonds? MINUTES OF JUNE 23, 1982 MEETING. 411 Since we are personally liable for this, there are some ques- tions she would like to take back to committee. On motion of Mrs. Hill, seconded by Mr . Herrell, it was moved that this resolution be referred back to committee. It was pointed out by Mr. Niccolls and Mr. Taylor that this would affect the sale of the bonds. Mrs. Hill asked questions concerning the Official Statement , with Mr. Niccolls and Mr. Taylor supplying the answers. We will have another pre-publi- cation edition of the Official Statement by the next meeting. Mrs. Hill again mentioned the matter of arbitrage bonds. Mr. Niccolls said the town gives Hunton and Williams the statement, which says that a small percentage of the proceeds will be used for the stated II purpose of the issue within three years - we will easily exceed that, so these are not arbitrage bonds . Mr. Martin may have to sign part of this certificate that has been filed with the bond counsel. Mr. Martin said he did not recall any statement recently other than one which states there is no litigation involved. Mr. Niccolls believed the town makes some assurances regarding the use of the funds that would allow a person following the record to determine on their own whether they would be potentially liable for federal tax on it . We can readily check to see the form of the official opinion. Mayor Hill said that, since this is just for a year, there is no way it could go to arbitrage - it doesn ' t even come into existence for three r or four years . Mrs. Hill did not agree with this, but Mr. Niccolls as= Q sured her the answers would be forthcoming on her questions. Mrs. T Hill also referred to Section 4 , which says " may make 7 such completions, omissions, insertions and changes in the draft of the official statement not inconsistent with this resolution. " This Q means that the councilmembers are personally liable for any state- Q ment made. She felt this should come before the council before the Mayor would sign this - they would be giving carte blanche for any of these things . Mr. Niccolls said he believed they gave them the printer ' s proof the last time before it was finally done. If there is any objection, a special meeting could be called before it goes to the printer. He said they will put in councilmembers ' hands be- fore publication a printer ' s proof of the Official Statement. Mrs. Hill was satisfied with that and withdrew her motion. Mr. Herrell withdrew his second, and the resolution was unanimously adopted: Aye : Councilmembers Bos, Cole, Herrell, M. Hill , Tolbert, Willis and Mayor Hill . Nay: None. 82-80 - RESOLUTION - RELEASING A PERFORMANCE BOND FOR SECTION 2 OF HERITAGE SQUARE SUBDIVISION. On motion of Mrs. Hill , seconded by Mr. Willis, the following resolution was proposed: WHEREAS, the Planning Commission approved a preliminary de- velopment plan for Section 2 of Heritage Square for single family condominium units, and WHEREAS, on April 11 , 1979 in Resolution No. 79-57 council authorized an agreement, approved a performance bond and the extension of municipal sewer works for Heritage Square, Sec- tion 2 , and WHEREAS, Shor Leesburg Associates on June 7 , 1982 requested release of that performance bond because this development plan will not be followed and has expired. NOW, THEREFORE, RESOLVED by the Council of the Town of Lees- burg in Virginia as follows : SECTION I . Council Resolution No. 79-57 is hereby rescinded. SECTION II . Hartford Accident Indemnity Company Bond No. N4423527 in the amount of $26 , 736 . 30 is released. Mayor Hill asked if this means he would have to re-submit if he de- cides to develop this section? Mr. Niccolls said it does - he would have to go through the process again. The resolution was unanimously adopted: Y 1 2 MINUTES OF JUNE 23, 1982 MEETING. - Y 1 Aye: Councilmembers Bos, Cole, Herrell, M. Hill, Tolbert, Willis and Mayor Hill . Nay: None. 82-81 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS AND RELEASING A PERFORMANCE BOND FOR THE BRADSHAW COMMERCIAL DEVELOPMENT AT KING STREET AND CATOCTIN CIRCLE. On motion of Mrs . Hill , seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the developer of the commercial facility at the southwest corner of South King Street and Catoctin Circle has completed public improvements in accordance with town standards and specifications and these have been inspected and approved and the as-built drawings have been submitted and approved; and WHEREAS, the public improvements have been in service for a period of more than one year and recently maintenance re- pairs were completed to the satisfaction of the Engineering Department; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The public improvements for the commercial fa- cility at the southwest corner of South King Street and Ca- toctin Circle are accepted for public use by the town. SECTION II . The cash performance bond in the amount of $5, 500 is released. SECTION III . No maintenance bond or one year guarantee is re- quired for these public improvements . Aye: Councilmembers Bos, Cole, Herrell, M. Hill , Tolbert, Willis and Mayor Hill Nay: None. 82-82 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30 , 1982 . On motion of Mrs . Hill , seconded by Mr. Herrell , the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Appropriations are made from the General Fund to the following accounts for the fiscal year ending June 30, 1982 : Account No. Appropriation 3401. 540 Materials and Supplies $3 , 000. 00 1101 . 300 Contractual Services 1 , 000 . 00 SECTION II . An appropriation of $300 . 00 is made from the Air- port Fund to Account No. 6000 . 540 , Materials and Supplies, for fiscal year ending June 30, 1982 . Mrs . Hill explained that the $3 , 000 is for the annexation exhibit, $1, 000 is for the Lamplighter and $300 for runway light replacement. The resolution was unanimously adopted : Aye : Councilmembers Bos, Cole, Herrell, M. Hill, Tolbert, Willis and Mayor Hill . Nay: None. MINUTES OF JUNE 23 , 1982 MEETING. . 413 82-83 - RESOLUTION - AUTHORIZING PURCHASE OF 8 . 8 ACRES OF LAND FROM ARL AND KATHERINE R. CURRY. On motion of Mr . Willis, seconded by Mr . Herrell , the following resolution was proposed: WHEREAS , Arl and Katherine R. Curry and the Town of Leesburg in Virginia on June 15, 1981 entered into a purchase option agreement expiring October 15, 1982 , for 8 . 8 acres of land, a portion of a tract of land in Leesburg shown on tax map 48 , parcel 51; and WHEREAS, the land is required for future construction of Ca- toctin Circle west from Dry Mill Road, funds for which are provided in the 1982 road bond issue : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The manager prior to October 1, 1982 shall exercise the op- tion to purchase 8 . 8 acres of land from Arl and Katherine R. Curry at the price and upon the terms set forth in the June 15, 1981 agreement. 0 Mr. Tolbert asked the price for this property? Mr. Niccolls said it -J is $10 , 000 per acre, payable in installments, beginning with a down Q payment of $5, 000 and $5, 000 for several years and $10, 000 for seve- ral more years until the balance is paid, with an interest rate of Q 9 percent. These are very favorable terms for the sale and, since this option expires October 15 , it was recommended that we proceed. We will wait until about October 1st to give notice because the con- tract stipulates that the closing must occur within 60 days after notice. We will have the land surveyed, have the title searched, give them notice and close within the 60 days . Payments will start at that time. Mayor Hill asked if the contract purchaser is making a contribution to this road? Mr. Niccolls said our agreement with Mr. Perry calls for him to pay us $100 , 000 at such time as his final plat is approved for his subdivision. We really contemplated his action preceding our purchase. In talking with him, he is pretty optimistic about financing and believes the project is still "go" and has extended his option with the National Children ' s Rehabili- tation Center. He was very pleased that the town is going to take this action and feels this will help him secure financing. This closes the second of a total of four (4) right-of-way crossings on this road. The School Board and the Curry tract are the two most difficult ones, with the remaining "take" of a small parcel from Mr. Rodrick and the rest from the diZerega estate. He is very anxious and he has been told that, once we do this, we will want him to modify his agreement with us to recognize the "after the fact" nature of the arrangement, if it needs modification. The resolution was unanimously adopted: Aye: Councilmembers Bos, Cole, Herrell, M. Hill, Tolbert, Willis and Mayor Hill. Nay: None. 82-84 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF JOHN A. WALLACE AND MARY K. MULCAHY FOR REVISION OF THE ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15. 1 OF THE CODE OF VIRGINIA, AS AMENDED. On motion of Mrs. Hill, seconded by Mr. Cole, the following reso- lution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The application of John A. Wallace and Mary K. Mulcahy for revision of the Zoning District Map, assigned No. ZM-41, is is received and referred to the Planning Commission for pub- lic hearing and recommendation under Chapter 11 , Title 15. 1 of the 1950 Code of Virginia, as amended. MINUTES OF JUNE 23 , 1982 MEETING. 414 Aye: Councilmembers Bos , Cole, Herrell, M. Hill, Tolbert, Willis and Mayor Hill. Nay: None. Mayor Hill read a letter of resignation from Mr. Herrell, effec- tive June 24 . Mr. Herrell finds it impossible to devote the proper time to council matters and operate two businesses - one here and one in Pennsylvania. In his letter , he thanked the voters for electing him to serve two terms. Mayor Hill said the new council will miss him and he has enjoyed working with him - his presence will be sorely missed. Mr. Herrell said he has thoroughly enjoyed serving with all the mem- bers, even tho they didn ' t always agree, but he doesn ' t feel he has the time to put on this work that is necessary. Mayor Hill said he has served 13 out of the last 15 years on the Council and he has enjoyed every minute of it. He felt the last four years have been the best years . He has been privileged to serve with such fine people as Mayor Rollins and this council . The accomplishments of this council have been tremendous and all of them should be commended. He will really miss everyone and the work. He wished Mayor-elect Sevila and Mr. Gheen luck in the years to come. They have a tremendous staff and he thanked all of them. Council has a tremendous task in front of them and he knows they will progress and go on tobigger and better things . The achievements in the past four years will look very small in the future. He thanked everyone personally and wished all good luck and Godspeed. Mr. Niccolls expressed sincere thanks on behalf of all the employees to those who are leaving us tonight and who have worked so diligently and so competently to correct our mistakes and to cover for us when we erred, excuse us when we 're wrong and pat us on the back when we 've been right. Mayor Hill has spent many hours "in the trenches" and knows the job intimately - he will be missed and the employees appreciate all that he has done for them. We all look forward to seeing all of you around town. Mr. Bos said he would like to close the meeting with a special token. He presented to Mayor Hill a lovely gavel he made for him, with an ap- propriate plaque for his service. Mayor Hill expressed his apprecia- tion. On motion of Mrs . Hill , seconded by Mr. Cole, Council voted unani- mously to go into executive session, pursuant to Section 2 . 1-344 of the 1950 Code of Virginia, as amended (a) , Exemption (6) for discussion of legal matters pertaining to annexation, etc . : Aye: Councilmembers Bos, Cole, Herrell, M. Hill , Tolbert, Willis and Mayor Hill. Nay: None. On motion duly made and seconded, Council reconvened, There was no action taken. On motion of Mr. Tolbert, seconded by Mr. Willis , the meeting was adjourned at 9 : 30 p.m. fr/ tee,' M- •or Clerk of w e Council