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HomeMy Public PortalAbout1984_07_25 c MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARING 1 6 8 ON ZM-48 (GRANT) , JULY 25, 1984. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia on July 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 Mr. Curry. Present were: Mayor Robert E. Sevila, Councilmembers Arl Curry, Marylou Hill, Brian T. Kelley, John W. Tolbert, Jr. and-Charles J. Williams; also Acting Town Manager Jeffrey H. Minor, Assistant Manager for Planning and Development Marc Weiss, Director of Engineering Andrew G. Shope, Director of Finance Don- ald 0. Taylor, Director of Utility Plants Randolph W. Shoemaker and Town At- torney George M. Martin. Absent from the meeting was Councilmember Charles A. Bos. PRESENTATION OF CERTIF-ICATES OF APPRECIATION: Certificates of Appreciation were presented by Mayor Sevila to Donald 0. Taylor for six years as Director of Finance for the Town; to John Niccolls for eight and one-half years as Town Manager; to Howard M. Willis, Jr. for four years as a councilmember and to Edgar L. Coffey, Jr. for one year, eight months as a councilmember. PUBLIC HEARING ON ZM-48, LAWRENCE N. GRANT: Mr. Weiss advised that this rezoning was the subject of an earlier public hearing, at which time the applicant was requesting a straight rezoning from R-2 to B-2. There was some concern expressed at the next meeting by some of the councilmembers - the applicant had shown a conceptual plan for development of the tract, mentioning that office use was the most probable use. They.sugr gested. that_he either proffer out some of the undesirable uses in the B-2 cate- gory and'/or proffer the concept plan and tie it down to some specific uses such as office or retail. Mr. Martin's_opinion was that, under the State Code, the proffer had to be presented prior to Council's public hearing. We are, therefore, holding a second public hearing tonight. The proffer was submitted on July 16th and was reviewed by Mr. Martin, who commented that the wording was not in correct form - the proffer referred to construction of certain activi- ties and not to uses allowable under the B-2 zoning category. The Mayor made a couple of suggestions which were passed on to Mr. Stock, attorney for the applicant. It has been reworded, but he was not sure that it actually added to the proffer. Mrs. Hill recalled that there was a question about buffering at the Planning Commission level. Mr. Weiss replied that the Zoning Ordinance requires that any B-2 use located next to an R-2 use has to meet our buffering standards (a 6-foot fence or planting) - this would be at the option of the ap- plicant. Mr. Kendall Stock, attorney representing the applicant, said this is a residential lot of about one-half acre off by itself - it has no frontage or access other than through the commercial propertyin front of it. They are proposing to build a conceptual type of building - they have gone no further in design stages because they are still looking to see what is best suited for the area. The proffers will act as a good buffer between commercial and resi- dential - they restrict noise - a screen buffer will be erected in compliance with the ordinance. The Master Plan for the Town calls_ for_this 14,375 square feet to be in a commercial B-2 zone. They have attempted to proffer out most of the undesirable uses - there have been two public hearings and he hoped they have complied with the Council's desires. Councilmembers seemed to feel that this meets all the requirements Council has asked for and Mr. Martin has indi- cated the language is proper. There was no-one from the public to speak. Mayor Sevila asked that the rezoning be contingent upon the conveyance to_Mr: Grant, Trustee,_within 30 days and with the ordinance being effective on Aug- ust 22nd. COUNCILMEMBER COMMENTS: Mr. Williams proposed that some recognition through a group award would be appropriate to the Fire, Rescue and Police with respect to their efforts at the fire on July 13th. They did everything with respect to risking their lives to preserve the town. We are fortunate that we have these men who are trained and have the ability to address that conflagration-... Also, that same day we had a second fatality on the by-pass, with good reason to believe that the people driving those vehicles were driving while intoxicated. He suggested that our Police Chief obtain some statistics on our DWI ratio and "beef up" their ef- forts to monitor DWI in the town. MINUTES OF JULY 25, 1984 MEETING. 1 6 9 Mr. Williams also reported that there were many fine opportunities to talk with other councilmembers from the State and exchange ideas, etc. It was very enjoyable and worthwhile and much information was derived. He suggested that the 1 manager prepare a letter from the Mayor expressing appreciation for the fine pro- gram at that meeting. The VEPCO tract negotiating committee met yesterday to review the major is- sues that will be addressed. Last night he met with the Environmental Advisory Commission for the first time - he believes it is good that councilmembers have the opportunity to participate in all the commissions. The Commission will be sending Council a letter very soon recommending a fence ordinance. They also discussed the possibility of having a "tree city" and perhaps a "litter" offi- cer (this to be a volunteer service) to find ways to keep the litter off the streets. Mrs. Hill requested that the Finance and Administration Committee consider an ordinance prohibiting the sale or rental of pornographic materials or items to minors. Mr. Curry reported that the Planning Commission had very little on its agenda for action at its last meeting. There has been a request that their agendas be sent to councilmembers. N Mr. Kelley felt the first meeting of the Utility and Public Works Committee was very successful - they had five members of Council present, as well as a full W house of public present with items that concerned them. Q Mr. Tolbert reported that the Airport is coming along very nicely now. Also, he received a letter from a lady and her husband from New York, who were involved in an accident on the Route 15 by-pass on July 10th - she said they were treated with the utmost kindness and compassionate consideration by the town police. She cited Lt. O'Neal and other officers, as well as the officer driving Car 27. MAYOR'S REPORT: I Mayor Sevila reported that he sent a letter in response to Mr. Pumphrey's letter, informing him that Council intends to consider the possibility of a televised meeting format - this is good for the town and it is certainly-good for the council. He concurred with Mr. Williams concerning the program in Charlottesville. This is put on jointly by the Institute of Government at UVA and the Virginia Municipal League. It is a well planned and well thought out program to assist both experienced councilmembers and new members - to give them a better under- standing of their roles as councilmembers and staff members. He had the oppor- tunity to serve on a panel this year with several distinguished members of. local government, including the County Executive from Albemarle and a member of the Board of Supervisors from James City County, Dr. Jack Edwards. This was a very worthwhile experience for him. This meeting was also attended by four of our councilmembers, Mr. Minor and Mr. Weiss. A letter would be in order to express our appreciation as a town and a council for the opportunity for both participat- ing and being a part of the program, and commend them for their excellent job in planning. Mr. Tolbert added that the big meeting for this year is the end of September through October 2nd - the Virginia Municipal League meeting - this is when you really learn a lot. MANAGER'S REPORT: Mr. Minor called attention to the written Activity Report, apologizing for its lateness but explaining that staff has been busy doing the work rather than reporting on it. 1 (1) Updating the report concerning the EPA grant and status of review of the CDM contract, he reported that Mr. Shope talked today with Stu Wilson of the SWCB and Jim Kern of EPA to try to learn the status of these items. The State Water Control Board will have its recommendations to EPA in three to four days. We heard today that EPA has approved the three-month extension, so we have a MINUTES OF JULY 25, 1984 MEETING. 170 little less than six months to get a Notice to Proceed issued on the major part of the work. Mr. Shope also learned today that they are leaning toward not recom- mending funding for the value engineering, bidability and constructability review. Mr. Shoemaker will be attending a meeting tomorrow with CDM to begin the first evaluation of the potential savings identified under this special engineering effort - Andyis confident that we will have some potential savings there that will exceed the $27,000. If the SWCB makes therecommendation and EPA accepts it and it is not funded, there are some appeal mechanisms that can be employed. If there are some well-substantiated savings from this review, we may be able to get the funding anyway. Mr. Shope also wanted to find out if there are any impediments identified by either EPA or the SWCB - as of this date they could not tell us of any, so this is good news. (2) In addition to Don Taylor, the Finance Department will also lose Kay Stowers, who has been Accounting Clerk for about 31 years - she has done a find job. They have a recruitment program underway for both of these positions and have about 20 applications for Finance Director, and the MFOA Journal has not hit the streets yet - this is where he expects to get the bulk of applications for that position. We also have applications on file now for the Accounting Clerk position. Other recruitment is going on for the secretary-receptionist - he would like to appoint Judith LeRoy - she will accept it if he can make the offer tomorrow and if Council will approve the permanent position. Thiswould fill all the clerical, secretarial and administrative assistant positions. (3) Concerning the cash audit, when we are dealing with millions of dollars, : this is an expenditure well made. Yount, Hyde & Barbour will conduct that audit. This is for both the town's and Mr. Taylor's protection and the new Finance Di- rector's. (4) Before them later tonight is a resolution that would amend our request to the Highway Department regarding maintenance of streets and mileage payments. In January, Council adopted a resolution that had two very minor and technical errors in it - the resolution was written on data supplied by the Highway De- partment. Subsequent to that, they have recalculated certain mileages and there are some minor changes to be made. We want to take action tonight, so we can expedite this to the Highway Department and begin receiving our additional high- way maintenance funds - they will be retroactive to January 1st. (5) Construction work on the Tuscarora Creek Channel improvements is ad- vertised in the newspaper. We will accept bids on August 14th and will have this before the Utility and Public Works Committee for consideration and hope- fully award this at the August 22nd meeting. This will take advantage of the fall construction season. (6) He met today with FAA officials from the Eastern Region and from the Washington, D.C. Headquarters - this was not an official inspection, but an oppor- tunity for them to take some photographs and see how things are going. They are pleased with the appearance of the building and the utility of it. There were about 22 workers there today. Liquidated damages have been reduced from their payments effective June 1st (this covers all the rent -for the Flight Service Station and for the Terminal. They hope the architect can certify beneficial occupancy sometime in the latter part of August. They are collecting rent as liquidated damages - they are withholding from the contractor's payment an amount equal to $475 per day. Mayor Sevila asked that someone amplify the situation on the Balls Bluff Cemetery. Mr. Shope reported that there was a committee meeting on July 3rd - they are preparing a dedication ceremony at Balls Bluff, which they hope will be attended by certain officials and Nancy Reagan - it will be during the August Court Days celebration on Saturday at 1:00 p.m. Mayor Sevila felt it is news- worthy that an effort is being made to bring not only dignitaries, including judges, congressman and senators, but also First Lady Nancy Reagan, to be a part of this dedication, although it is not confirmed yet. LEGISLATION: On motion of Mrs. Hill, seconded by Mr. Williams, the following resolutions were proposed and unanimously adopted as consent items: 84-114 - RESOLUTION - INITIATING AMENDMENT OF THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING FEES. WHEREAS, Resolution Number 84-81, approving the budget and making appro- priations for the fiscal year ending June 30, 1985, directed the manager MINUTES OF JULY 25, 1984 MEETING. 171 to prepare appropriate legislation to revise the fees and charges in- cluded as revenue in the adopted fiscal year 1985 budget: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The amendment of the Subdivision and Land Development Regu- lations is initiated to amend Section 13-54 to read as follows: Section 13-54. Fees. Fees and charges to be paid to the town for the review of plats and plans, for the inspection of facilities required to be installed by this article and for variances shall be as follows: (a) For preliminary plats and preliminary development plans, the fee shall be $50.00 per acre, computed for each one-tenth (1/10) of an acre or fraction thereof contained in the area to be subdivided or developed but not less than $50.00. (b) For final plats and final development plans, the fee shall be $265.00 per acre plus the amount extended from the quantity of pub- r- lic improvements at the following rates: Type of Public Improvement Unit Rate [Q Storm Sewer $0.46 per linear foot Q Water Main 0.63 per linear foot Curb & Gutter 0.31 per linear foot Sidewalk 0.31 per linear foot Sanitary Sewer 0. 78 per linear foot Streets 0.61. per linear foot Overlot Grading $48.50 each lot (c) For inspections conducted as provided by Section 13-77(b) and 13-89(b) of this article there shall be no fee. (d) For reinspections of improvements which upon original inspec- tion were found to be faulty or incomplete, the fee paid by the sub- divider or developer shall be a sum equal to two times the inspectors' regular compensation for the time required for the reinspection, but not less than $5.00. (e) For final inspections requested by subdividers and developers for release of performance or maintenance bonds, there shall be no fee unless the Director of Engineering finds that the improvements are not prepared and ready for final inspection; in which case, the fee .shall be a sum equal to two times the regular compensation for the town employees' time required for inspection above what would have been required had the improvements been prepared and ready for final inspection, but not less than $25.00. (f) For applications for variances filed under Sec. 13-91, the fee shall be $10.00. SECTION II. A public hearing at which persons may appear and present their views shall be held on the Subdivision and Land Development Regulations amendments proposed above beginning at 7: 30 p.m. , or as soon thereafter as the matter is reached, on September 12, 1984 in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia, and in line with Section 15.1-431 of the Code of Virginia, as amended, this hearing shall be a joint public hearing of both Planning Commis- sion and Council. The clerk shall give notice of this hearing and the Council's intention to consider the amendments on August 23, 1984 and August 30, 1934 and shall advise the Planning Commission the pur- pose, time and date of the hearing. SECTION III. The Planning Commission shall report its recommendations to the Town Council on the proposed amendments within sixty days of the public hearing. 172 MINUTES OF JULY 25, 1984 MEETING. 84-115 - RESOLUTION - INITIATING AMENDMENT OF THE ZONING ORDINANCE REGARDING FEES. WHEREAS, Resolution Number 84-81, approving the budget and making ap- propriations for the fiscal year ending June 30, 1985, directed the manager to prepare appropriate legislation to revise the fees and charges included as revenue in the adopted fiscal year 1985 budget: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir- ginia as follows : SECTION I. An amendment of the Leesburg Zoning Ordinance is initiated 1 to amend Sections 8-2-11-12, 9-6, 10-3-1, 10-3-2 and 11-2 to read as follows: Section 8-2-11-12. Application and Approval. (a) Application for a special exception by the Council shall be made on forms provided by the zoning administrator who shall transmit a copy to the Planning Commission for recommendation. Each such appli- cation will be accompanied by a filing fee of $270 to defray the cost of processing said application, which amount shall be paid to the Di- rector of Finance. The Planning Commission shall transmit its recom- mendation to the Council no later than thirty days after the first meeting of the Commission after the application has been referred to the Commission. (b) The Town Council shall conduct a public hearing pursuant to Sec- tion 15.1-431 of the Code of Virginia, as amended, after receipt of the Planning Commission recommendation. (c) The Town Council may establish reasonable conditions, safeguards and restrictions on the proposed use as deemed necessary to protect nearby properties and the public interest. Section 9-6. Approval of Conditional Uses: General Fee. (a) Conditionally permitted uses listed in Article 3, 3-A, 4, 4-A and 4-B inclusive are permitted within zoning district only upon ap- plication for and approval of a Conditional Use Permit by the Zoning Administrator after approval by the Commission in accordance with the provisions of this article. (b) Application for a Conditional Use Permit shall be made to the Zon- ing Administrator, on forms prescribed by him at least 21 days prior to the Commission meeting at which first consideration is desired and shall be accompanied by a zoning plan necessary to demonstrate that the con- ditions for approval set out in this article shall be fulfilled. Each such application shall be accompanied by a filing fee of $270 to defray the cost of processing said application, which amount shall be paid to the Director of Finance. (c) The Zoning Administrator shall transmit completed applications to the commission with a report setting out the Administrator's findings as to whether or not the conditions for approval have been met by the application. (d) An existing use conditionally permitted in an "R" zoning district by this ordinance shall be considered a conforming use in that district. (e) A new use for which a Conditional Use Permit is required in an "R" zoning district and which complies with this ordinance shall be consider- ed a permitted use in that district. Section 10-3-1. Applications. An application to the Board for a variance, special exception, or inter- pretation of the Zoning District Map, or any other case in which the Board has original jurisdiction under the provisions of this ordinance may be made by any property owner, tenant, governmental officer, depart- MINUTES OF JULY 25, 1984 MEETING. 173 ment, board or bureau. Such application shall be filed in triplicate with the Zoning Administrator, who shall transmit a copy thereof, to- gether with all the plans, specifications and other papers pertaining to the application, to the Chairman of the Board. Each such applica- tion shall be accompanied by a filing fee of $340 to defray the cost of processing said application, which amount shall be paid to the Di- rector of Finance. Section 10-3-2. Appeals. An appeal to the Board may be taken by any person aggrieved by, or any officer, department, board or bureau of the Town of Leesburg af- fected by any decision of the Zoning Administrator relative to the administration of this ordinance. Such appeal shall be taken within thirty (30) days from the date of the decision complained of, by fil- ing with the Zoning Administrator and with the Board a notice of appeal stating the grounds thereof. A notice of appeal in triplicate shall be accompanied by a filing fee of $270 to defray the cost of process- ing said appeal, which amount shall be paid to the Director of Finance. The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from cf was taken. N If the Board decides that there was an error in the order, require- ment, decision or determination of the zoning enforcement officer as specified in the notice of appeal, the Director of Finance shall re- [Q turn the aforementioned fee to the appellant and no fee shall be charged for the appeal. If, however, the Board's decision is to uphold the order, requirement, decision or determination of the zoning enforcement officer, the Director of Finance shall retain the filing fee in the treasury. Section 11-2. Initiation of Amendments Amendments of the Zoning Ordinance shall be initiated only in the IIfollowing manner: (a) Amendments to the text of the ordinance and/or changes in the zon- ing boundaries or classification of properties shown on the Zoning Map may be initiated by the Council or the Planning Commission in accord- ance with the provisions of Sec. 15.1-493, 1950 Code of Virginia, as amended. (b) Amendments to the zoning boundaries or classification of property shown on the Zoning Map may be initiated by property owners of the land proposed to be rezoned, by the filing with the Council of a Zoning Map amendment petition addressed to the Council, which petition shall be on a standard form approved by the Planning Commission and provided by the Zoning Administrator, and accompanied by a fee of $300, plus $200 per acre, and all other material and data required in said form. SECTION II. A public hearing at which persons may appear and present their views shall be held on the Zoning Ordinance amendments proposed above beginning at 7:30 p.m. , or as soon thereafter as the matter is reached, on September 12, 1984 in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia, and in line with Section 14.1-431 of the Code of Virginia, as amended, this hearing shail.be a joint public hearing of both Planning Commission and Council. The clerk shall give notice of this hearing, and the Council's intention to con- sider the amendments on August 23, 1984 and August 30, 1984 and shall advise the Planning Commission the purpose, time and date of the hearing. SECTION III. The Planning Commission shall report its recommendations to the Town Council on the proposed amendments within sixty days of the public hearing. - - 84-116 - RESOLUTION - AUTHORIZING A CONTRACT WITH BENGTSON, •DeBELL, ELKIN AND TITUS FOR ENGINEERING PLANS FOR IMPROVEMENTS TO EDWARDS FERRY ROAD. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 1174 MINUTES OF JULY 25, 1984 MEETING. SECTION I. The Acting Manager shall enter into a lump sum contract with Bengtson, DeBell, Elkin and Titus, P.O. Box 83, Leesburg, Vir- ginia for the preparation of engineering plans for curb, gutter and sidewalk on the northerly side of Edwards Ferry. Road and widening of . pavement within the limits of a proposed 50-foot right-of-way from Prince Street to Washington Street in accordance with the terms and scope of work outlined in their letter-proposal 11154-84L dated June 29, 1984 and addendum dated July 18, 1984, at a contract price of $7,000. SECTION II. An appropriation is made to the General Fund unappro- priated fund balance to account number 4102.300, contractual ser- vices, in the amount of $7,000 for fiscal year 1985. 84-117 - RESOLUTION - AUTHORIZING AN AMENDMENT TO THE TOWN'S CONTRACT WITH GRAYSON'S REFUSE SERVICE, INC. TO PROVIDE "UNLIMITED" RESIDENTIAL TREE TRIMMING, BRUSH AND LEAF COLLECTION AND DISPOSAL SERVICES. WHEREAS, the proposal from Grayson's Refuse Service, Inc. for garbage and refuse collection included a bid alternate to provide "unlimited" residential brush collection and machine collection of leaves at an annual charge of $15,000 as well as an offer to purchase the town's leaf loader at a price of $3500; and WHEREAS, acceptance of this proposal will reduce the town's annual cost to provide these valuable services; and WHEREAS, the acceptance of this proposal will not result in a lay-off within the public works department: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The acting manager is authorized and directed to execute an amendment to the town's current contract with Grayson's Refuse Service, Inc. to provide for "unlimited" residential tree trimming, brush and leaf collection and removal in line with Paragraph (g) of the town's garbage and refuse and disposal bid documents issued April 19, 1984 and Grayson's Refuse Service, Inc. bid received May 15, 1984. SECTION II. The acting manager is authorized and directed to sell to Grayson's Refuse Service, Inc. the town's 1975 American Roads leaf loader at a purchase price of $3500. 84-118 - RESOLUTION - AUTHORIZING AN AGREEMENT APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS, APPROVING WATER AND SEWER EXTENSION PERMITS, AUTHORIZING WATER, SEWER AND STORM SEWER EASEMENTS AND A RIGHT OF WAY DEDICATION FOR STAR PONTIAC GMC, INC. 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 with Star Pontiac GMC, Inc. of Leesburg forinstallation of public improvements shown on plans approved by the Planning Commission and the Director of Engineering for Star Pontiac GMC, Inc. SECTION II. The extension of municipal water and sewer for this facility is approved in accordance with Sections 19-19 and 15-9 of the Town Code. SECTION III. A performance guarantee in the amount of $48, 346.00 in a form approved by the Town Attorney for installation of public improvements shown on plans approved by the Director of Engineering for Star Pontiac GMC, Inc. is approved. SECTION IV. The manager shall execute on behalf of the Town such water, sewer and storm water easements as necessary to allow public improvement installation for the Star Pontiac GMC, Inc. development. MINUTES OF JULY 25, 1984 MEETING. 175 SECTION V. The mayor shall accept on behalf of the Town, dedication and reservation of right of way adjacent to the Star Pontiac GMC de- i velopment for widening of East Market Street. SECTION VI. This resolution is conditioned upon review and approval of the agreement, water and sewer extension permits, performance guarantee, easement documents and dedication documents by the Town Attorney. 84-119 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR OAK VIEW SUBDIVISION. II I RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute an agreement for instal- lation of public improvements (Form PC-2) for Oak View Subdivision. SECTION II. The extension of municipal water and sewer works for Oak View Subdivision is approved in accordance with Sections 19-18 and 15-9 of the Town Code. SECTION III. Equitable Federal Savings and Loan Association irrevocable letter of credit No. in the amount of $296,093.00 guaranteeing N installation of public improvements in Oak View Subdivision is approved. W SECTION IV. This resolution is conditioned upon approval of the agree- CO went, water and sewer extension permits and irrevocable letter of credit by the town attorney. 84-120 - RESOLUTION - AUTHORIZING SUBSTITUTION OF IRREVOCABLE LETTER OF CREDIT FOR A SET ASIDE LETTER FOR GUARANTEE OF PUBLIC IMPROVEMENT INSTALLATIONS FOR SILVER OAKS SUBDIVISION. WHEREAS, Sycolin Forest Associates, Inc. , developers of Silver Oaks sub- division have requested that Equitable Federal Savings & Loan Association ' irrevocable letter of credit-0007 in the amount of $224,339 be substi- tuted for the present set aside letter which guarantees installation of public improvements at Silver Oaks subdivision: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Equitable Federal Savings & Loan Association irrevocable letter of credit 0007 in the amount of $224,339 is approved. SECTION II. The Equitable Federal Savings & Loan Association set aside letter in the amount of $224,339 is released. SECTION III. This resolution is conditioned upon review and approval of Equitable Federal Savings & Loan Association irrevocable letter of credit 0007 by the Town Attorney. 84-121 - RESOLUTION - AUTHORIZING A FULL TIME SECRETARY-RECEPTIONIST TO REPLACE TWO PART-TIME SECRETARY-RECEPTIONIST POSITIONS. WHEREAS, the adopted fiscal year 1984 budget provided for two part-time secretary-receptionist positions; and WHEREAS, use of part-time personnel has proved inefficient and qualified personnel to fill the positions on a part-time basis has been difficult: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A full-time secretary-receptionist position is authorized to substitute for the two part-time secretary-receptionist positions provided for in the budget. Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 176 MINUTES OF JULY 25, 1984 MEETING. PROPOSED ORDINANCES AMENDING ZONING ORDINANCE AND SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS REGARDING CLUSTER DEVELOPMENTS, PIPESTEM LOTS AND PRIVATE STREETS. On motion of Mrs. Hill, seconded by Mr. Williams, a motion to refer the above ordinances back, to Finance and Administration Committee for further dis- cussion was unanimously adopted: Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-0-30 - ORDINANCE - AMENDING THE LEESBURG ZONING MAP IN RE #ZM-48. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following ordinance was proposed and unanimously adopted: WHEREAS, Rezoning Application IIZM-48 by Lawrence N. Grant was referred to the Planning Commission on March 21, 1984; and WHEREAS, the Planning Commission held a public hearing on OZM-48 on April 19, 1984; and WHEREAS, the Planning Commission adopted a resolution recommending approval of the rezoning request; and WHEREAS, the Town Council held a public hearing on IIZM-48 on July 25, 1984; and WHEREAS, the applicant's written proffer was presented to Council prior to the public hearing; and WHEREAS, IIZM-48 is required by the public necessity, convenience, gene- ral welfare and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is amended to revise the zon- ing district map to change from R72 to B-2 the 14,375 square feet shown on a plat prepared by Chamberlin Associates dated March 6, 1984 subject, however, to the following conditions proffered by the applicant pursuant to Sections 15.1-491.1 through 15.1-491.6 of the Code of Virginia, as amended: The applicant agrees to eliminate the following uses: Filling station, drive-in eating places, sheet metal shop, frozen food locker, dry cleaning plant, laundry, building materials sales, milling and grinding and feed stores. SECTION II. This ordinance shall be in effect on August 25, 1984. Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor • Sevila. Nay: None. 84-0-31 - ORDINANCE - AMENDING ARTICLE VI OF CHAPTER 10 OF THE TOWN CODE REGARDING FEES. On motion of Mrs. Hill, seconded by Mr. Williams, the following ordi- nance was proposed: ' WHEREAS, Resolution Number 84-81, approving the budget and making ap- propriations for the fiscal year ending June 30, 1985, directed the manager to prepare appropriate legislation to revise the fees and charges included as revenue in the adopted fiscal year 1985 budget: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-162 of the Town Code is amended to read as fol- lows: MINUTES OF JULY 25, 1984 MEETING. 17'7 Section 10-162. Settlement and compromise of charges for certain parking violations. (a) Any person accused of parking in a metered area without putting a coin in the meter to cover the required time may settle and compro- mise the charge against him for such illegal parking by inserting $3.00 in the envelope provided for such purpose and depositing the same at such location as prescribed on said envelope by 12:00 noon of the next calendar day following the day of the violation or by paying to the town the sum of $7.50 before the second district court date from the day of violation, which court dates are on the first and third Mondays of each month at 2:00 p.m. After the second court date from the day of violation has passed and Ii the violation remains unsettled, the person accused may settle the violation by paying the sum of $20.00 to the town. Unless otherwise provided, violations of any provision, of this chap- ter may be compromised by paying to the town the sum of $7.50 before the second district court date from the day of violation, which dates are on the first and third Mondays of each month at 2:00 p.m. Viola- tions of subsection 10-150 (a) (4) may be compromised in an identical 'Crv manner upon payment of the sum of $25.00 to the town. N (b) A receipt shall be issued for all money received pursuant to this section and such money shall be promptly turned over to the director of finance to be used in the manner provided for the disposition of CO fines for traffic violations . Q SECTION II. Section 10-176 of the Town Code is amended to read as follows: - Section 10-176. Deposit of coin, occupancy ofmetered space; etc. (a) The owner or operator of a vehicle, upon entering a parking meter I space marked as provided in this division with his vehicle, during the time parking meters are in operation, as provided by section 10-175, shall immediately deposit a coin or combination of coins_of the United States in the parking meter situated at the side of the parking meter space so entered and shall operate the parking meter according to the instructions thereon. Failure to comply with such requirements shall be unlawful. (b) Upon the deposit of a five-cent coin, ten-cent coin or 25-cent coin and placing the parking meter in operation, the parking meter space in question may be lawfully occupied during the period of time prescribed on the parking meter legend for the particular amount de- posited. (c) Parking meters located where two-hour maximum parking is permitted when properly operated shall be so adjusted that initial or additional five-cent or ten-cent coins may be deposited at any time throughout the two-hour period, as long as the two-hour limit ,is not exceeded by any one vehicle occupying the same space. The deposit of each five-cent coin shall permit the vehicle to be parked for a period of 15 minutes; and the deposit of each ten-cent coin shall permit the vehicle to be parked for a period of 30 minutes. (d) The parking meters in parking lots owned by the town, upon which parking meter spaces have been marked andparking meters erected, shall require a deposit of five cents for a period of 15 minutes or a deposit of 10 cents for a period of 30 minutes or 25 cents for a period of 75 minutes where permitted. (e) Parking meters located where 30-minute maximum parking is permitted when properly operated shall be so adjusted that a deposit of a five-cent coin shall permit the vehicle to be parked for a period of 15 minutes. (f) Parking meters located where 15-minute maximum parking is permitted when properly operated shall be so adjusted that a deposit of a five-cent coin shall permit the vehicle to be parked for a period of 15 minutes. 178 MINUTES OF JULY 25, 1984 MEETING. (g) It shall be unlawful for the operator of a vehicle to park such vehicle, or to permit such vehicle to remain parked, during daylight hours, except Sunday and national holidays, in areas controlled by parking meters on streets in the town (excluding the town parking lot, except where the meter indicates otherwise) for a period longer than two hours from the time the vehicle is so parked in any such parking ' meter zone. SECTION III. All prior ordinances and resolutions in conflict herewith are repealed. SECTION IV. This ordinance shall be in effect upon its passage. Mayor Sevila explained that this doubles the cost of meter parking and increases the fines to=$1.00 if paid before noon the next day and to$2.50 if paid after noon of the next day, and to increase the compromise amount if it goes to court. : ._ These fees, along with others proposed_in other ordinances to be considered to- night, were the subject of considerable discussion throughout the budget delibera- tions. The ordinance was unanimously adopted by roll call vote: Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None 84-0-32 - ORDINANCE - AMENDING ARTICLE I OF CHAPTER 15 OF THE TOWN CODE REGARDING: FEES. On motion of Mrs. Hill, seconded by Mr. Kelley, the following ordinance was proposed: WHEREAS, Resolution Number 84-81, approving the budget and making appro- priations for the fiscal year ending June 30, 1985, directed the manager to prepare appropriate legislation to revise the fees and charges in- cluded as revenue in the adopted fiscal year 1985 budget: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 15-12 of the Town Code is amended to read as follows: Section 15-12. Fee for sewer connection - Within corporate limits. Before any person connects with or discharges sewage into the sewer system, a fee for the connection permit issued under Section 15-10 of the Code shall be paid in amounts provided below: • (1) The fee for a four-inch diameter connection within : the town where the town provides all materials, equipment and labor for installation of a sewer connection shall be $700.00. (2) The fee for a four-inch diameter connection within the town where a developer or subdivider provides all materials, equipment and labor for installation of a sewer connection shall be $50.00. SEE ATTACHED INSERT SECTION II. Section 15-13 of the Town Code is amended to read as follows: Section 15-13. Same-Without corporate limits . Before any person connects with or discharges sewage into the town sewer system, a fee for the connection permit issued under Section 15-10 of the Code shall be paid in the amounts provided below: (1) The fee for a four-inch diameter connection outside the town where the town provides all materials, equipment and labor for installation of a sewer connection shall be $700.00. (2) The fee for a four-inch diameter connection outside the town where a developer or subdivider provides all materials, equipment and labor for installation of a sewer connection shall be $75.00 (3) The fee for any connection to the town sewer system larger than four inches in diameter inside the town where the town pro- vides all materials, equipment and labor shall be $50.00 plus the cost of materials, equipment and labor for installation of the sewer connection. (4) Connection permit fees shall be paid prior to the issuance of a zoning permit. MINUTES OF JULY 25, 1984 MEETING. 179 (3) The fee for any connection larger than four inches in diameter outs.idethe town where the town provides all materials, equipment and labor shall be $75.00 plus one and one-half times the cost of materials, equipment and labor for installation of the sewer connection. (4) Connection permit fees shall be paid prior to issuance of a zoning permit. SECTION III. All prior ordinances and resolutions in conflict herewith are repealed. SECTION IV. This ordinance shall be in effect upon its passage. Mayor Sevila explained that the only charges raised are thosefor a four-inch diameter connection within or outside the corporate limits where the town pro- vides all materials, equipment and labor for installation of a sewer connection. Mr. Curryasked if we anticipate :any connections outside the town? Mayor Sevila replied that, under the agreement with the County, any service outside the town will be considered_our service_area._:Mr. Minor added_that .none. can_be approved without the mutual agreement of both the County and the Town. There is no ques- tion on- fees. The ordinance was adopted by unanimous roll call vote: •St • .Aye: Cduncilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. N Nay: None. 84-0-33 - ORDINANCE - AMENDING ARTICLE III OF CHAPTER 19 OF THE TOWN CODE REGARD- INGm FEES. Q On motion of Mrs. Hill, seconded by Mr. Tolbert, the following ordinance was proposed: WHEREAS, Resolution Number 84-81, approving the budget and making ap- propriations for the fiscal year ending June 30, 1985, directed the manager to prepare appropriate legislation to revise the fees and charges included as revenue in the adopted fiscal year 1985 budget: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as. follows: SECTION I. Section 19-21 of the Town Code is amended to read as follows: Section 19-21. Connection fee - Within corporate limits. Before any person connects with or withdraws water from the town water system, a fee for the connection permit issued under Section 19-19 of the Code shall be in amounts provided below: (1) The fee for a three-quarter-inch diameter connection within the town where the town provides all materials, equipment and labor for installation of a water connection shall be $700.00. (2) The fee for a three-quarter inch diameter connection within the town where a developer or subdivider provides all materials except • the meter, meter box, lid and setting, all equipment and labor for . installation of a water connection shall be $150.00. (3) The fee for any connection larger than three-quarter-inch diameter inside the town where the town provides all materials, equipment and -labor shall be $50.00 plus the cost of all materials, equipment and 111labor for installation of the water connection. (4) Connection permit fees shall be paid:priod -to..the issuance of a zoning permit. SECTION II. . Section 19-22 of .the Town Code is amended to read as fol- lows: Section 19-22._ Same_-Without corporate limits. .Before any person connects with or withdraws water from the town water system,, a fee for the connection permit issued under Section 19-19 of the Code shall be paid in amounts provided below: 1 p O MINUTES OF JULY 25, 1984 MEETING. O (1) The fee for a three-quarter-indidiameter connection outside the town where the town provides all materials, equipment and labor for installation of a water connection shall be $700.00. (2) The fee for a three-quarter-inch diameter connection outside the town where a developer or subdivider provides all materials except the meter box, lid and setting, all equipment and labor for installation of a water connection shall be $225.00. (3) The fee for any connection larger than three-quarter-inch diameter outside the town where the town provides all materials, equipment and labor shall be $75.00 plus one and one-half times the cost of materials, equipment and labor for installation of the water connection. (4) Connection permit fees shall be paid prior to the issuance of a zoning permit. SECTION III. Section 19-44 of the Town Code is amended to read as fol- lows: Section 19-44. Service charge for new accounts. A service charge of $10.00 shall be made for all new water accounts. SECTION IV. All prior ordinances and resolutions in conflict herewith . are repealed. SECTION V. This ordinance shall be in effect upon its passage. Mayor Sevila explained that this ordinance.. proposes fees for. three-quarter- inch diameter connections both inside and outside the town water system shall be $700.00 and that there shall be a $10.00 service charge for all new water accounts. The ordinance was unanimously adopted by roll call vote: Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-0-34 - ORDINANCE - AMENDING ARTICLE I, CHAPTER 16 OF THE TOWN CODE REGARDING FEES. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following ordinance was proposed and unanimously adopted: WHEREAS, Resolution Number 84-81, approving the budget and making ap- propriations for the fiscal year ending June 30, 1985, directed the manager to prepare appropriate legislation to revise the fees and charges included as revenue in the adopted fiscal year 1985 budget: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Vir- ginia as follows: SECTION I. Section 16-4 of the Town Code is amended to read as follows: Section 16-4. Permit, inspection fee and guarantee fee for work on, in or under right-of-way. (a) No work of any nature which involves a disturbance of the right-of-way or interferes with its free or unencumbered use shall be performed on, in or under the right-of-way or any street within the town, until a permit is first obtained from the town manager on forms which show compliance with those speci- fications and requirements set forth in the manual of permits duly adopted by the council and a performance bond is posted in the amount of the estimated cost of construction, as determined by the town manager. (b) The inspection fee set forth in the permit manual shall be $30.00 on each permit except when the inspection requires overtime wages. In such instances the permit holder shall reimburse the town for the overtime wages paid to the inspector. MINUTES OF JULY 25, 1984 MEETING. 1 8 1 SECTION II. All prior ordinances and resolutions in conflict here- with 1 11 are repealed. SECTION III. This ordinance shall be in effect upon its passage. Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-0-35 - ORDINANCE - AMENDING SECTION 10-150 OF THE TOWN CODE REGARDING PRO- HIBITED PARKING. On motion of Mrs . Hill, seconded by Mr. Williams, the following ordinance was proposed: WHEREAS, in the interest of public health, safety and welfare, the Coun- cil may from time to time seek to regulate on-street parking within resi- dential developments in order to increase the number of available spaces. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-150 of the Town Code is amended to read as follows: N Section 10-150. Parking prohibited in specific places. W (a) No person shall park a vehicle or permit it to stand, whether at- Q tended or unattended, except in compliance with the directions of a police officer or traffic-control device, in any of the following places: (1) On a sidewalk; (2) In front of a public or private driveway; (3) Within an intersection; (4) . Within 15 feet of a fire hydrant; (5) On a crosswalk; (6) Within 20 feet of a crosswalk at an intersection; (7) Within 30 feet upon the approach to any flashing beacon; stop sign or traffic control signal located at the side of a roadway; (8) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by the official signs or markings; (9) Within 50 feet of the nearest rail of a railroad grade crossing; (10) Within a parking space reserved by appropriate sign for the handicapped on public property or at privately owned shop- ping centers and business offices, unless such vehicle dis-_ plays the official handicapped motorist license plate or card; (11) Within 20 feet of the driveway entrance to any fire or res- cue station and on the side of a street opposite the entrance to any fire or rescue station or within 75 feet of the en- trance when properly sign-posted; (12) Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic; (13) On the roadway side of any vehicle parked at the edge of curb of a street; (14) Upon.anybridge or other elevated structure upon a street or highway, or within a tunnel; (15) At any place where official signs prohibit parking; (16) Alongside any section or portion of a curb which is painted yellow; 182 MINUTES OF JULY 25, 1984 MEETING. (17) Across or on any line or marking painted on the street by the town to designate a vehicular parking space. SECTION II. All prior ordinances and resolutions in conflict here- with are repealed. SECTION III. This ordinance shall be in effect upon its passage. This question was raised in connection with a request from residents in Crest- wood to mark parking spaces with a small "t" at the outside of each parking area. A question arose as to whether or not the town would enforce it: The opinion was expressed that, if it is a part of the parking ordinance, the town police_will_enforce it: Mr. Minor explained that you must park within the assigned space - even though you put money in the meter, if your tire is over the line, you are still in violation. The ordinance was unanimously adopted: Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. PROPOSED RESOLUTION DIRECTING MARKING OF PARKING LINES ON THROUGH COLLECTOR STREETS WITHIN THE CRESTWOOD HAMLET SUBDIVISION. On motion of Mrs. Hill, seconded by Mr. Tolbert, a resolution directing marking of parking lines on through collector streets within the Crestwood Hamlet Subdivision was proposed. After discussion, the motion was withdrawn and on motion of Mrs. Hill, seconded by Mr. Kelley, Council voted unanimously to send this matter back to the Utility and Public Works Committee: Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-122 - RESOLUTION - REQUESTING A PROPOSAL FROM VIRGINIA ELECTRIC & POWER COMPANY FOR THE INSTALLATION OF STREET LIGHTS WITHIN THE LEESBURG COUNTRY CLUB AND LEESBURG ESTATES SUBDI- VISIONS. ti On motion of Mr. Tolbert, seconded by Mr. Kelley, the following resolution was proposed and unanimously adopted: WHEREAS, residential street lights are a tax supported public service made available to all residential developments along public streets within the town; and WHEREAS, a survey conducted by the town indicates more than 60% of the residents of Country Club and Leesburg Estates support the installation of street lights; and WHEREAS, the installation of street lights enhances the public safety, security and the safe flow of traffic within these developments, thus reducing the town's expenditures in the future for these services: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized and directed to solicit a pro- posal from the Virginia Electric and Power Company for the installa- tion of 25 5,000 lumen colonial fixture residential street lights within the Leesburg Country Club and Leesburg Estates subdivisions based on the lighting configuration contained in a memorandum to the Council dated July 11, 1984. SECTION II. The manager is authorized and directed to send corres- pondence to all residents of the subdivisions describing the Council's approved lighting plan and the results of the recent survey. Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. MINUTES OF JULY 25, 1984 MEETING. 183 84-123 - RESOLUTION - ESTABLISHING TOWN MANAGER APPLICATION REVIEW COMMITTEE. On motion of Mr. Williams, seconded by Mrs. Hill, the following resolu- tion was proposed: WHEREAS, the Town of Leesburg is accepting applications for the position of Town Manager: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A committee to be known as the Town Manager Application Review Committee is established, with the following persons to serve on this committee: Charles A. Bos Robert E. Sevila Brian T. Kelley Charles J. Williams The deadline for receipt of applications is August 31st. Mayor Sevila will call a meeting of the committee after all applications have been received. The reso- lution was unanimously adopted: Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-124 - RESOLUTION - AUTHORIZING THE SALE OF SURPLUS VEHICLES AND EQUIPMENT AND CO SETTING THE FEE FOR THE SALE OF OLD STREET SIGNS. Q On motion of Mrs. Hill, seconded by Mr. Williams, the following resolution was proposed: • RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The acting manager is authorized and directed to sell by public auction on August 28, 1984 certain equipment and surplus prop- ' erty described in a memorandum to the Council dated July 13, -1984. SECTION II. The acting manager is authorized and directed to make available for sale on a first come first served basis surplus street signs effective 9:00 a.m. on Thursday, August 2, 1984, at $5.00 apiece, whether in good shape or in bad shape, to be made available to the general public through the Finance Department. SECTION III. The acting manager shall publish appropriate notices of the above items available in the August 2, 1984 issue of the Loudoun Times-Mirror. Mr. Minor asked that the 1980 Plymouth, the 1981 Plymouth and the 1978 Ford LTD be included in the list to be sold - this was agreeable with everyone. The resolution was unanimously adopted: Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-125 - RESOLUTION - APPOINTING JERRY PELKEY TO THE LEESBURG PLANNING COMMISSION. On motion of Mrs. Hill, seconded by Mr. Kelley, the following resolution was proposed: WHEREAS, this Council has accepted with regret the resignation of Katherine Curry as Planning Commission member effective July 1, 1984: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Jerry Pelkey is appointed to the Leesburg Planning Commission for a term ending December 31, 1984. Mayor Sevila congratulated Mr. Pelkey, saying that this is one of the most im- portant appointments made by the Council. The resolution was unanimously adopted: Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 184 MINUTES OF JULY 25, 1984 MEETING. 84-126 - RESOLUTION - AWARDING A CONTRACT FOR PETROLEUM PRODUCTS. On motion of Mrs. Hill, seconded by Mr. Williams, the following resolu- tion was proposed and unanimously adopted: WHEREAS, formal competitive bids were accepted from various petroleum products; and WHEREAS, Piedmont Petroleum Company submitted the lowest and best bid: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager shall enter into a contract with Piedmont Petroleum Com- pany at prices initially to be as follows: -Product Bid Price Regular Gas 0.8075 Unleaded Gas 0.8330 Diesel 0.8360 Fuel Oil 9.8360 Aye: Councilmembers Curry, Hill, Kelley, Tolbert,=Williamsand.Mayor Sevila., Nay: None. 84-127 - RESOLUTION - AUTHORIZING PURCHASE OF POLICE RADIO REPEATER SYSTEMS AND MAKING APPROPRIATION FOR FISCAL YEAR 1985. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolu- tion was proposed and unanimously adopted: WHEREAS, sole source procurement of radio. repeaters from Motorola, Inc. is found to be in the best interest of the town: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall purchase six radio repeater systems at a cost not to exceed $2,500 each. SECTION II. An appropriation is made from the General Fund, unappro- priated fund balance, to Account No. 3101.702, Portable Radios, in the amount of $15,000 for fiscal year 1985. Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams: and Mayor Sevila. Nay: None. 84-128 - RESOLUTION - MAKING AN APPROPRIATION FOR A MOWER. On motion of Mr. Tolbert, seconded by Mr. Kelley, the following resolu- tion was proposed and unanimously adopted: WHEREAS, bids were requested for the purchase of a rear-mounted hy- draulic ditchbank mower to replace a sickle bar mower; and WHEREAS, the lowest and best bid was by Whitmore and Arnold, Inc. : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Acting Manager shall purchase a hydraulic ditchbank mower from Whitmore and Arnold for a price not to exceed $4,525.00. SECTION II. An appropriation is made from the General Fund to Ac- count Number 4102.707 in the amount of $4,525.00 for fiscal year 1985. Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. MINUTES OF JULY 25, 1984 MEETING. 185 84-129 - RESOLUTION - AUTHORIZING AGREEMENTS FOR EMPLOYEE GROUP INSURANCE. On motion of Mrs. Hill, seconded by Mr. Williams, the following resolution was proposed: WHEREAS, due to time constraints and staff changes a sole source pro- curement of group life, health and disability is determined to be in the best interest of the town: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall enter into insurance agreements with Maccabees for term life insurance, and disability income and Blue Cross/Blue Shield of Southwest Virginia for health insurance for employee group insurance as follows: (a) $10,000 life, accidental death and dismemberment policy for all full-time employees at a monthly premium of $0.40 per $1,000 coverage, with the town paying all costs for the insurance. (b) Disability income insurance for accident and illness of all full- time employees providing a two-year 60 percent indemnity of the employee's average monthly salary, with a 30-day benefit elimina- N tion period at a premium of $1.45 per $100 payroll, with the town N paying all the costs for the insurance. (c) Basic and major medical health insurance for all full=time em- ployees as described in a proposal from Blue Cross/Blue Shield with the town paying the costs for the employee's coverage at revised premium rates, effective September 1, 1984. Individual employee $ 66.86 per month Employee and spouse only 130.52 " Employee and family 130.52 " Employee and one dependent child 100.30 " SECTION II. This resolution shall be effective September 1, 1984. Mrs. Hill asked how long it would take to get competitive bids? Mr. Taylor said it would take a week to finish the RFP's and we have to notify the car- rier by August 15th. If the first meeting in August had not been cancelled it could have been squeezed in. - . Mr. Minor said it would take Don only a week to do this, but he won't be here - based on our staff contraints and other priorities, we would not be able to give the kind of attention to it that it would need. He believed the quotation we have received is a very good one. Mrs. Hill suggested that we do this in plenty of time when it comes up again. The resolution was unanimously adopted: Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-130 - RESOLUTION - REQUESTING TRANSFER OF ROUTES IN THE PRIMARY AND SECONDARY SYSTEM OF STATE HIGHWAYS FROM THE VIRGINIA.DEPARTMENT OF HIGHWAYS AND TRANSPORTATION TO THE TOWN. On motion of Mr. Tolbert, seconded by Mr. Kelley, the following resolution was proposed and unanimously adopted: WHEREAS, the January 1, 1984 annexation of 7.5 square miles of terri- tory to the town includes the primary and secondary system of state highways; and WHEREAS, the town assumed responsibility for maintenance of certain routes formerly in the primary and secondary system of state highways - as a result of annexation; and WHEREAS, certain calculations and road designations originally fur- nished by Virginia Department of Highways and Transportation were in error and in need of revision: e MINUTES OF JULY 25, 1984 MEETING. O 18 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Virginia Department of Highways and Transportation is requested to transfer the following routes from the State Primary Sys- , tem of Highways to the Town of Leesburg in Virginia: Route From To Length in Miles 15 Route 650 SCL Leesburg 1.35 15 Route 7 1.94 Mi N Rte 7 1.94 15 Bus NCL Leesburg Route 837 0.61 TOTAL 3.90 SECTION II. The Virginia Department of Highways and Transportation is requested to transfer the following routes from the Secondary System of State Highways of Loudoun County to the Town of Leesburg in Virginia: Route From To Length: in Miles 621 Route 15 New SCL Leesburg 1.00 643 Route 15 Bypass New SCL Leesburg 1.60 • 654 Route 7 Route 15 • 3.20 698 C.L. Leesburg New C.L. Leesburg 0.20 • 773 N Route 15 Bypass New ECL Leesburg 0.60 773 S Route 15 Bypass New ECL Leesburg 0.90 874 Route 7 Cul-de-sac 0.25 1024 Route 621 Dead End 0.20 1025 Route 1027 Route 1028 0.25 1026 Route 15 Route 1028 0.45 1027 Route 1026 Cul-de-sac 0.20 1028 Route 15 .09 M N.W. Route 1031 0.55 1029 Route 1028 Cul-de-sac 0.05 1030 Route 1028 Cul-de-sac 0.11 1031 Route 1028 Cul-de-sac 0.32 1032 Route 1028 Route 1033 0.36 1033 Route 1032 Cul-de-sac 0.09 1034 Route 1032 Cul-de-sac 0.03 1035 Route 1031 Cul-de-sac 0.04 TOTAL 10.40 SECTION III. The manager shall make all necessary reports and requests to the Virginia Department of Highways and Transportation to complete transfer of the above-described routes to the Town. SECTION IV. Council Resolution #84-2 is repealed. Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. Mayor Sevila reported that he had a discussion with Memory Porter, the County Liaison Officer with the State Legislature, who informed him that there might be some curtailment of appropriations from the State Highway Department under the JLARC_'_ Report. He asked Mr. Minor to pursue this and make a report to councilmembers and then put it on a Council agenda. Mayor Sevila asked Mr. Williams to assume the Chair for the next item since he has a conflict of interest. 84-131 - RESOLUTION - RELEASING A PERFORMANCE GUARANTEE AND APPROVING A MAINTE- NANCE BOND FOR CEDAR WALK SUBDIVISION. On motion of Mr. Tolbert, seconded by Mrs. Hill, the following resolution was proposed and adopted by a vote of 5 to 1 abstention: WHEREAS, the developer of Cedar Walk Subdivision has completed public improvements in accordance with town standards and these have been in-. spected and approved by the town and the as-built drawings have been submitted and approved; and 11 MINUTES OF JULY 25, 1984 MEETING. 4 187 WHEREAS, certain landscaping, valued at approximately $2500, at the entrance of Cedar Walk Subdivision was to be installed by the de- veloper but this work has not yet been completed: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia ' as follows: SECTION I. The Fidelity and Deposit Company of Maryland sureby bond in the amount of $99,354 is released and Fidelity and Deposit Company of Maryland maintenance bond 119778049 in the amount of $25,580 is approved. SECTION II. The public improvements for Cedar Walk Subdivision are ac- cepted for public use by the town. SECTION III. An escrow account in the amount of $2500 to be deposited by Cedar Walk Inc. is approved to guarantee installation of landscaping, such funds to be released upon inspection of the landscaping by the Di- rector of Engineering. Aye: Councilmembers Curry, Hill, Kelley, Tolbert and Mayor Pro-Tem Williams. Nay: None. Cr Abstention: Mayor Sevila. N N Mayor Sevila resumed the Chair. m On motion of Mr. Tolbert, seconded by Mr. Kelley, the meeting was adjourned at 9 :35 p.m. Q Mayor p Clerk of th/ Council 1