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HomeMy Public PortalAbout1984_01_25 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 25, 1984. A regular meeting of the Leesburg Town Council was held in the Council .1 7 Chambers, 10 West Loudoun Street, Leesburg, Virginia on January 25, 1984 at 7:30 p.m. The meeting was called to order by the Mayor, with the invocation given by Mr. Tolbert, and followed with the Salute to the Flag led by Town Attorney Martin. Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Edgar L. Coffey, Jr. , Reginald K. Gheen, Marylou Hill, John W. Tolbert, Jr. and Howard M. Willis, Jr. ; also Town Manager John Niccolls, Deputy Manager Jeffrey H. Minor, Director of Engineering Andrew G. Shope and Town At- torney George M. Martin. On motion of Mr. Bos, seconded by Mr. Coffey, the minutes of the regular meeting of December 14, 1983 were unanimously approved as submitted: I/ Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. PETITIONERS: Mr. Alfred A. Perry, President of United States Land Corporation and de- veloper of the proposed Foxridge Subdivision, exhibited and explained in detail the proposed revised preliminary plat for this subdivision. Revisions include relocation of the ball fields in the park to the south, with the entrance being a little further to the south; the parking lot has been moved so that its entry is off of Foxridge Drive; the builder proposes to move the housing group behind N an existing hedge line and a row of trees (with the exception of four models) ; W with more units in their proposed cluster on private drive% to be maintained CD by the homeowners ' association (still 209 units) ; the community center is moved Q to the middle of the development inside the loop road and the recreational ve-. hicle storage is LI moved to another area. The storm water plan is about the same (a series of retention ponds) . There followed questions by councilmembers, with particular attention to the houses. Mr. Perry explained that there will be as many as eight (some ten)., houses on each private drive - all are to be single family detached houses, with the exception that the garages connect on the lot line. The park area has de- creased from about 91 acres to about 8.7 acres - this land is now in open green strips 10 feet wide between the residential pods to be used for paths and for storm run-off. He introduced Mr. Kennedy, representing the building group and who will be project manager on the site, who said the square footage of the houses will be 1240 to 1680 square feet, with the price range being about $95,000 to $120,000. They will be erecting four models and there will be four different elevations for each of them. The style will be traditional, with a few tudor mixed in. They are looking into the possibility of modular construction if they can find someone to build their standards, but they are leaning toward conven- tional housing - 2x4's. They would like to get started as early as possible, but it depends on the length of time it takes ,to get this through the Planning Commission and the Council - they would like to break ground in April and have models finished sometime in June. The question was also asked if they intend to confine the drainage to the north side of the Park Authority? Mr. Titus, engineer, said the culvert on Catoctin Circle is designed to handle this - it will not be routed under the old railroad bed. Their thrust is to get the drainage to run off in the southeast corner into a storm retention:. . Regarding relocation of the entrance, it is approximately 150 feet more to the south. On motion of Mr. Tolbert, seconded by Mrs. Hill, Council voted unanimously to forward the proposed revised preliminary plat for Foxridge Subdivision to the Planning Commission for report back to the Council by February 22nd, and that Council shall then consider this revision, along with the report from the Plan- ning Commission and the staff, at its workshop meeting on March 7, with Council action on March 14: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. COUNCILMEMBERS' COMMENTS: Mr. Bos reported that the Board of Architectural Review processed several sign applications, including two for Sovran Bank. The Economic Development Ad- visory Committee met last week and continued to work on the State certification program, as well as other ongoing items. The East Market Street Design Plan is being distributed among business owners in that section of town. He asked that MINUTES OF JANUARY 25, 1984 MEETING. 18 Council keep in mind that this is an expensive project over a long period of time, but it should be a high priority item because it has such a vital im- pression of the whole town. He congratulated the town staff on many levels on substantial completion of the airport sewer line project. It is quite an undertaking on several levels, both administrative and as a force labor project. This shows the town can do a lot of things in a short period of time. Mr. Gheen said that on August 24th Council adopted a resolution requesting the General Assembly to extend authority to the town regarding disclosure of real estate ownership. He asked what has happened to this request? Mr. Nic- colls did not know. Also, on October 12th, Mr. Fred Hetzel, President of the Preservation and Restoration Society, appeared before Council concerning a "fence" ordinance, as. well as one to preserve trees. This was referred to the Planning Commission. Mrs. Hill said this has been delayed - it is on the agenda to work on. Mr. Tolbert understood Mr. Forbes is working on this. Mrs. Hill reported the Planning Commission has approved the final plat for Parker Subdivision and a request from the high school for waiver for a refresh- ment stand. Mr. Coffey advised that the Town Plan Task Force meeting scheduled for January 30 has been rescheduled for February 7th. They will be discussing the transportation element and it is likely that VDH&T members will be present. He asked if there is enough in the budget to cover more adverse weather? . Mr. Niccolls said salt was acquired in bulk earlier in the year. Labor is running about normal. He asked what is happening on the flight service sta- tion project in view of the bad weather? Mr. Minor gave an in-depth report on progress - weather has caused delays and the steel has not arrived yet. However, it should be here by next Tuesday and the contractor will work Sat- urdays and Sundays to get the work done if necessary (supervision and con- struction is his responsibility) . There is no penalty if we don't meet the FAA schedule - the penalty is our cash flow. The architect and soil scientist have done a good job. They have located some good soil on the Miller property and this will be used in the spring for the parking area. They are hoping for some good weather and to get back on schedule soon. Mr. Coffey also asked if we are within our budget on most items? He felt the financial report showed the cash does not flow too evenly on some items. Mr. Niccolls will have Don Taylor prepare a brief summary on this. Mr. Tolbert said the Airport Commission is satisfied with the work at the airport. MAYOR'S REPORT: Mayor Sevila said he is generally satisfied with the snow removal though he did receive some calls (particularly Cornwall Street) . He received some . . calls concerning the responsibility of the landowner/occupant to remove snow and ice from sidewalks downtown. Mr. Niccolls found there is an ordinance which requires that the sidewalks be cleared within six -hours after snow ceases. He would like to see this well publicized. He was aware of the fact that the town crews, in plowing the streets do sometimes push snow back on the sidewalks, but it is important to have the streets open and to have the sidewalks passable and safe. Mayor Sevila asked about a date for a Planned Development workshop? .Mr Niccolls said it is under study by the Planning Commission and they will be receiving a revised draft, along with an explanation of the suggested changes. These can be distributed to councilmembers at the same time and they can take it up in the interim if they would like to. Mayor Sevila suggested that a special workshop be set up to review what we have, especially in view of the fact that developers are looking for alternatives. A letter has been received from Ken Shelton of the Sanitation Authority posing several questions relating to water supply for Round Hill, Purcellville and Hamilton (he read the questions) . Mr. Niccolls has indicated he will have something on this for review at next Wednesday's workshop. MANAGER'S REPORT: (1) The Planning Commission will be having a special seminar with Richard Collins, Professor of Planning at the University of Virginia, on February 9th at 6:30 p.m. here in this building. He is a very exciting speaker and has taken the time and trouble to learn a great deal about the Leesburg area and planning process. This is the first of what the Planning Commission hopes will be a series of seminars. MINUTES OF JANUARY, 25, 1984 MEETING. (2) Additional information has been received from the State Board of 19 Elections concerning Council elections. The annexation order mentions there will be elections for all council seats simultaneously on the first Tuesday of May - three for four-year terms and three to fill the vacancies created by - ! the annexation itself. The State Board of Elections has advised that there must be a "special" election to fill the three vacancies created by the court order - this takes a Writ of Elections, which is being prepared by Mr. Martin for submission to the local circuit court, which will be asked to issue an Order to the local board to conduct an election. This means that each indi- vidual candidate will be asked to indicate whether they are filing for the regular election seats or the special two-year seats when they file - this should be plainly marked on any papers that are filed so the local board knows. Mr. Minor said they have learned today from the State that there are two separate filing deadlines - March 2nd for the special election and March 6th for the general election. Mr. Niccolls asked_Mr. Minor if the Notice of Special Election has to appear in the paper? Mr. Minor said the requirement is for only ten days before the election, so they would miss the filing deadline.'. Mr. Nic- colls said that, as soon as the Writ of Election is secured in Circuit Court, they will publish a suitable notice in the local newspaper of the key dates . so that candidates will know the proper time. If a candidate is filing for a two-year term, he is competing in a special election and should mark his docu- ments accordingly. He was sure the Local Board of Elections will assist when r- candidates file their papers. We will get it all straight and have it in the appropriate form. w (3) The documents required by the, Department of Justice on annexation CO will be leaving on Friday of this week. (4) He called attention to the proposed budget schedule. They are sug- gesting a budget workshop on May 16 after their regular Council agenda. (5) The annual performance bonuses, under the personnel rules, have been made and there will be an awards ceremony on Friday to honor these employees who have performed in an exceptional way in 1983. A group of these were made in re- sponse to the fine work done by employees in the Utility Lines Division on the I I airport sewer line. In addition, there are awards in almost every division and department for various outstanding performances. There are those who have gained additional training or performed in some other extraordinary way . These awards are made annually in the amount of $500 or $250 from a group of employees at the division level (the people who actually do the work) . 84-0-6 - ORDINANCE - AMENDING ARTICLE II, CHAPTER 13, PLANNING COMMISSION, OF THE TOWN CODE. On motion of Mrs. Hill, seconded by Mr. Bos, the following ordinance was proposed: WHEREAS, the territory of the town expanded by 7.5 square miles on January 1, 1984 under an agreement with Loudoun County and the order of the Circuit Court of Loudoun County; and WHEREAS, the responsibilities of the Leesburg Planning Commission will change as a result of the annexation: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Article II, Planning Commission of Chapter 13 of the Town Code is repealed and a new Article II, Chapter 13 is adopted to read as follows: ARTICLE II. PLANNING COMMISSION Sec. 13-16. Reestablished, composition, appointment, qualifications and terms. (a) The Leesburg Planning Commission is hereby recreated and reestablished. The commission shall consist of seven members ap- pointed by the council for terms of four years each who shall be residents of the town at all times during their terms. A majority MINUTES OF JANUARY 25, 1984 MEETING. 20 of the members shall be freeholders qualified by knowledge and ex- perience to make decisions on questions of community growth and de- velopment. One of the members may be amember of the council whose term of office shall correspond to the member's term of office as council member unless the council at the first regular meeting after July 1 each year appoints another member to serve. Vacancies shall be filled by appointment for the unexpired term. Each member of the planning commission shall take an oath of office. Sec. 13-17. Compensation of members; reimbursement for expenses. (a) Compensation of the chairman of the town planning commission after July 1, 1983 shall be $1,950.00 per annum, payable in equal i monthly installments. (b) Compensation of members of the town planning commission af- ter July 1, 1983 shall be $1,800.00 per annum, payable in equal monthly installments. (c) Members of the townjplanning commission shall be reimbursed for actual expenses incurred in the exercise of their functions. Sec. 13-18. Organization. (a) The planning commission at the first meeting following the effective date of this section and at the first meeting each year there- after shall elect from the members a chairman and vice chairman for terms of one year. The town manager shall provide a secretary for the planning commission from the town staff. The commission shall fix the time for holding regular meetings and shall meet every month. • (b) Three committees of the planning commission, each consisting of at least three members of the commission appointed by the chairman at the first meeting each year for one year terms, are hereby estab- lished as follows: (1) A zoning committee shall have jurisdiction over peti- ' tions for rezoning and amendments to the zoning ordi- nance text and map. (2) A subdivision -and land development committee shall have jurisdiction over matters coming before the commission under the subdivision and land development regulations. (3) A comprehensive planning committee shall have jurisdic- tion over matters related to amendment of the comprehen- sive plan and the elements of the comprehensive plan. A majority of the members of a committee shall constitute a quorum and action of a committee shall be valid when authorized by a majority vote of those present and voting. The members of each committee shall elect a chairman. Each committee shall fix .the -time for holding regular meet- ings and. shall meet at least every month. Special meetings may be called using the procedure of1Section 15.1-439 of the Code of Virginia, as amended. Matters .coming before the commission may be referred by the chairman of the commission to the appropriate committee for review and recommendation or acted upon by the whole commission without refer- ral to a committee. (c) A majority of the members of the commission shall constitute a quorum and action of the commission shall be valid when authorized by i a majority vote of those present and voting. Sec. 13-19. Meeting place. The commission and its committees shall meet regularly in the town council chambers or conference room at 10 West Loudoun Street but may meet elsewhere from time to time if required in the course of busi- ness. SECTION II. This ordinance shall not affect the terms of current plan- ning commission members. MINUTES OF JANUARY 25, 1984 MEETING. SECTION III. All prior ordinances in conflict herewith are repealed. 21 SECTION IV. This ordinance shall be in effect upon its passage. Mrs. Hill suggested that "at the first meeting each year for one year terms," be deleted from Sec. 13-18(b) - she objected to the one year term and felt this should be the Planning Commission's decision. Mr. Coffey felt that the word "secretary" in Sec. 13-18(a) should be changed to read "recording clerk" inas- much as the Planning Commission's by-laws provide for an elected Secretary and an appointed Acting Secretary. Mr. Coffey also said that Sec. 13-18(c) is -in accordance with the State Code, but it does not agree with the by-laws, which state "A majority of the membership of the Planning Commission shall consti- tute a quorum and the number of votes necessary to transact business shall be a majority of the entire membership." This needs clarification. Mayor Sevila asked Mr. Niccolls to have the. Town Attorney clarify this, under the -State Code. Mr. Gheen commented that, with the proposed change in Sec. 13-18(b) , he would assume that the chairman of the committee could be appointed or removed at the pleasure of the Commission. On motion of Mr. Coffey, seconded by Mrs. Hill, Council voted unaimously to amend Sec. 13-18(a) to read as follows: (a) The planning commission at the first meeting following the effective date of this section and at the first meeting each year thereafter shall elect from the members a chairman and vice chairman for terms N of one year. The town manager shall provide a recording clerk for W the planning commission from the town staff. The commission shall CO fix the time for holding regular meetings and shall meet every month. Q Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. On motion of Mr. Willis, seconded by Mr. Coffey, Council voted unanimously to delete from Sec. 13-18(b) the words "at the first meeting each year for one year terms," that paragraph thus reading: I (b) Three committees of the planning commission, each consisting of at least three members of the commission appointed by the chair- man are hereby established as follows: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. The ordinance, as amended, was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following ordinances and resolutions were proposed and unanimously adopted as consent items: 84-0-7 - ORDINANCE - AMENDING CHAPTER 12.1 OF THE TOWN CODE BY ADDING A NEW ARTICLE, NUMBERED ARTICLE 24 CONCERNING GIFTS, GRATUITIES AND EXPENSES. WHEREAS, the language of the town's personnel manual with respect to acceptance of gifts and gratuities is overly vague; and WHEREAS, the town's personnel manual is silent with respect to advances and reimbursements for employee expenses : THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 12.1 of the Town Code is amended by adding a new article, numbered Article 24, to read as follows: ,MINUTES OF JANUARY 25, 1984 MEETING. 22 ARTICLE 24 • j GIFTS, GRATUITIES AND EXPENSES Sec. 12.1-59. Application. This article applies to all employees not exempted by Section 12.1-3(b) of this chapter. Sec. 12.1-60. Gifts and Gratuities. No employee shall solicit or accept in the course of work favors, gifts, gratuities or any other valuable thing which could reasonably be construed as influencing the performance of town duties and re- sponsibilities. This rule is not intended, however, to prohibit the following: (a) Receipt of unsolicited articles which are distributed gene- rally such as calendars, pens, notepads and similar articles of mini- mal value; (b) Attendance at social functions which promote good relation- ships with citizens and the professional and business community; (c) Attendance at any trade association or commercially spon- sored training program approved by the manager; (d) Attendance at commercially sponsored social events when part of the social calendar of professional conferences; (e) Consumption of food provided as a gift to town employee groups generally; (f) Acceptance of gifts or awards when made in public presentation by legitimate service, civic or fraternal organizations and approved in advance by the manager. Sec. 12.1-61. Employee Expenses. (a) Employees required to travel out of town on town business, when the time away from the town exceeds one workday or the amount sought for expense reimbursement exceeds $25.00, must have the travel approved in advance by the manager. The manager shall prepare "Travel and Advance Payment Request and Expense Reports" for use by employees in requesting approval. All other travel shall require the approval of the employee's department director. (b) Employees on approved town travel or on town business which requires them to be away from their place of residence during normal meal periods may be reimbursed for expenses during such travel or time away from home, when approved by the manager, subject to appropriations established for that purpose. The town may reimburse or advance, as de- termined by the manager, payments to employees for all out-of-pocket ex- penses in connection with the following, based on a schedule of rates and reimbursement policies established by the manager from time to time, provided the amount of reimbursement or advance shall not exceed that provided state employees when traveling on state business: (1) Use of town owned vehicle: Out-of-pocket expenses in connection with the maintenance of the vehicle, fuel and lubrication, parking fees and tolls; (2) Use of private vehicle: Mileage for the round trip distance from the town to the destination as well as reimbursement for parking fees and tolls; (3) Public Transportation: Coach class air or rail, along with airport parking fees for town owned or private ve- hicles as well as car rental and taxi fares including tips; (4) Registrations: The cost of registration at official conferences and seminars, including official event fees for the employee; MINUTES OF JANUARY 25, 1984 MEETING. - (5) Lodging: Costs of the employee's lodging when over- 2 3 night accommodations are necessary; (6) Meals : The expense of meals including tips based on a standard per meal allowance established by the mana- ger from time to time or actual reimbursement for of- ficial meals at conferences, seminars or training func- tions when the cost exceeds the standard allowance; (c) Employees shall submit invoices to substantiate reimbursable expenses for town vehicle maintenance, fuel and lubricants, transporta- tion fares, registration and conference event fees and lodging and non- , standard allowance meals. Receipts are not required for parking fees, tolls, taxi charges or standard allowance meals; (d) The expenses of employees involved in promoting the interests of the town and the town's economic development program shall be paid by the town from appropriations available for those purposes. SECTION II. All prior ordinances and resolutions in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. rICt 84-0-8 - ORDINANCE - MINDING SECTION 12.1-29 OF THE TOWN CODE CONCERNING DISCI- N PLINE. ORDAINED by the Council of the Town of Leesburg in Virginia as follows: CO Q SECTION I. Section 12.1-29 of the Town Code is amended to read as follows: Sec. 12.1-29. Causes for Disciplinary Action. The following shall be causes for employee suspension, demotion or discharge, though they are not to be...construed as all inclusive: ' (a) Conviction of a felony; (b) Acts of incompetency; (c) Absence without leave; (d) Acts of insubordination; (e) Intentional failure. or refusal to carry out instructions; (f) Misappropriation, destruction, theft or conversion of munici- pal property; (g) Wilful disregard of orders; (h) Neglect or carelessness resulting in damage to municipal prop- erty or equipment; (i) The feigning of illness or any misuse of sick leave; (j) Employee's subsequently becoming physically or mentally unfit for the performance of his duties; (k) Acts of misconduct while on duty; (1) Falsification of any information required by the town; (m) Failure to properly report accidents or personal injuries; (n) Habitual tardiness or absenteeism; (o) Use of intoxicating liquors, narcotics or dangerous drugs without a doctor's prescription on municipal property or in municipal equipment or proceeding to work under the influence of liquor, narcotics or dangerous drugs; (p) Absence from designated work area without permission; (q). Conducting personal business on town time without authorization; (r) Failure to follow safety regulations; (s) Dealing with the public in an uncourteous or unprofessional Volar; (t) Violation of these rules regarding political activity; (u) Has violated Section 12.1-60 of these rules; (v) Has used or attempted to use political influence in the se- curing of a promotion, leave of absence, transfer or any change in status as an employee of the town; (w) Has dispensed special favors or privileges in the course of work not available to citizens generally or used confidential infor- mation obtained during the course of work for personal gain or the private benefit of others. MINUTES OF JANUARY 25, 1984 MEETING. 24 SECTION II. All prior ordinances and resolutions in conflict herewith are repealed. SECTION III. This ordinance shall be effective upon its passage. 84-10 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR ECONO-LODGE MOTEL. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute on behalf of the town an agreement (Form PC-2) with Mid South Motel Corporation, Roanoke, Virginia, for- installation of public improvements shown on the plans approved by the director of engineering for the Econo-Lodge Motel on lands of Prosperity Acres Associates Limited Partnership. SECTION II. The extension of municipal water and sewer works for the Econo-Lodge Motel is approved in accordance with Section 15-9 and 19-18 • of the Town Code. SECTION III. An irrevocable bank letter of credit in a form approved by the town attorney from Colonial American National Bank in the amount of the estimated cost of the public improvements, as determined by the director of engineering, is approved as security to guarantee installa- tion of the public improvements shown on plans approved by the director of engineering for Econo-Lodge Motel. 84-11 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR SOUTH GATE II DEVELOPMENT. WHEREAS, the developer's engineer, R. Curtis Harrover & Associates, and the town's Director of Engineering have reviewed the public improvements installed to date in the South Gate II development and certify that the value of work performed is $43,240; and WHEREAS, a $60,190 First & Merchants National Bank letter of credit has been provided by the developer and approved by Council to guarantee in- ' stallation of public improvements in the South Gate II development: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The First & Merchants National Bank letter of credit origi- nally in the amount of $60,190 is reduced to $16,950. SECTION II. The manager shall notify Tedence, Inc. , developer of South Gate II that liability for letter of credit funds has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for the South Gate II development. On motion of Mr. Gheen, seconded by Mr. Willis, Council voted unanimously to amend Section I to read as follows: SECTION I. The First & Merchants National Bank letter of credit origi- nally in the amount of $60,190 is reduced to $16,950, which amount equals the value of the work to be performed, plus ten percent. Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and MayorSevila. Nay: None. Mr. Coffey called attention to an article in the Washington Post concerning de- fault in bonds by contractors - we should be very careful about our bonding pro- cedures. Mr. Gheen agreed and Mayor Sevila commented that this has been the sub- ject of discussion in workshop sessions . The consent items were unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. it MINUTES OF JANUARY 25, 1984 MEETING. 84-12 - RESOLUTION - MAKING APPOINTMENTS TO PLANNING COMMISSION. 25 On motion of Mr. Willis, seconded by Mr. Tolbert, the following reso- lution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Marvin E. Belles is appointed a member of the Leesburg Plan- ning Commission to fill the unexpired term of James L. Griffith, said term to expire December 31, 1985. SECTION II. William F. Webb, Jr. and Henry C. Stowers are appointed as members of the Leesburg Planning Commission for terms of four years, said terms to expire December 31, 1987. Mayor Sevila congratulated those new members appointed and expressed gratitude to those who had previously served. Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 84-13 - RESOLUTION - MAKING APPOINTMENT TO THE LEESBURG AIRPORT COMMISSION. On motion of Mr. Tolbert, seconded by Mrs . Hill, the following resolution N was proposed and unanimously adopted: WHEREAS, David S. Cooper tendered his resignation as a member of the Leesburg Airport Commission on November 1, 1983: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: June M. Bachtell is appointed a member of the Leesburg Airport Commis- sion to fill the unexpired term of David S. Cooper, said term to expire June 30, 1966. Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 84-14 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF FORT BEAUREGARD ASSOCIATES, INC. 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. Coffey, the following was unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application of Fort Beauregard Associates, Inc. for revision of the zoning district map, assigned No. ZM-46, is received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15.1 of the Code of Virginia, as amended. Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 84-15 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF JAN DICKSON McVAY FOR A SPECIAL EXCEPTION UNDER SEC. 8-2-11-10 OF THE LEESBURG ZONING ORDINANCE AND AUTHORIZING A NOTICE OF PUBLIC HEARING. ' On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The application of Jan Dickson McVay for a Special Exception is received and referred to the Planning Commission for a recommendation under Section 8-2-11-12 of the Leesburg Zoning Ordinance. MINUTES OF JANUARY 25, 1984 MEETING. 26 SECTION II. A Notice of Public Hearing to consider Ms. Dickson's application for a Special Exception shall be published in the.Loud • - oun Times-Mirror on February 23, 1984 and March 1, 1984 for public hearing on March 14, 1984 at 7:30 p.m. in the Council Chambers, ' 1 10 West Loudoun Street, Leesburg, Virginia. 1 Mr. Niccolls said this allows the Planning Commission more than 30 days to act. The resolution was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. Due to a conflict of interest on the next item, Mayor Sevila asked Mayor I Pro-Tem Bos to preside at this time. 84-16 - RESOLUTION - MAKING A SEVENTH REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR CEDAR WALK SUBDIVISION. On motion of Mrs. Hill, seconded by Mr. Gheen, the following resolution was proposed and adopted, with Mayor Sevila absent from the Council Chambers: WHEREAS, the developer's engineer, Bengtson, DeBell, Elkin & Titus and the town's Director of Engineering have reviewed the public improvements in- stalled to date in Cedar Walk Subdivision and certify that the value of • work performed is $235,944 and the remaining amount of work is less than • $218,365; and i WHEREAS, a $412,235 Round Hill National Bank set aside letter and $99,354 Fidelity and Deposit Company of Maryland surety bond have been provided r; p by the developer and approved by Council to guarantee installation of public improvements in Cedar Walk Subdivision; and WHEREAS, the town has agreed, when appropriate, to decrease the perform- ance guarantee by reducing set aside bank funds by 90 percent of the value of work completed on the public improvements : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia 111 as follows: SECTION I. The Round Hill National Bank set aside letter originally in the amount of $412,235 is reduced to $119,011. The Fidelity and Deposit Company of Maryland surety bond in the amount of $99,354 remains unchanged. SECTION II. The manager shall notify Cedar Walk, Inc. that liability for set aside funds has been reduced as outlined in Section I of this resolu- tion, and that this reduction not constitute acceptance of public improve- ments by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Cedar Walk Subdivision. Aye: Councilmembers Coffey, Gheen, Hill, Tolbert, Willis and Mayor Pro- Tem Bos . Nay: None. Mayor Sevila assumed the Chair. On motion of Mr. Tolbert, seconded by Mr. Coffey, the meeting was adjourned at 9:00 p.m. �(J Mayor d,„--d. c „ /J � I Clerk of th� Council 1 11