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HomeMy Public PortalAbout1984_09_12 205 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 12, 1984. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia on September 12, 1984 at 7:30 p.m. The meeting was called to order by the Mayor, with the invoca- tion given by Mr. Tolbert, and followed with the Salute to the Flag led by Mr. Curry. Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos, 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, Assistant Land Planner Mark Nelis and Town Attorney George M. Martin. r i PETITIONERS: Mr. Bruce Brownell, developer, addressed Council concerning its policy recently adopted to increase availability fees for two-bedroom homes. As written, this sets up a distinction between types of two-bedroom townhouses and apart- ments and detached two-bedroom dwellings - this gives the builder of two-bed- room townhouses a significant price advantage over the builder of two-bedroom detached homes. He did not believe this is what Council intended and asked that the current regulations be corrected. Mr. Alton Echols, on behalf of Richard Herndon and himself, expressed ap- preciation to Councilman Williams and to Mr. Minor for the courtesy and help ex- tended to them recently when they had a flooding condition on the property owned by Mr. Echols. A Certificate of Appreciation was presented to Robert C. Forbes, who recently resigned after 22 years as Director of Planning and Zoning for the Town of Lees- burg. Mr. Bosadded that Mr. Forbes was the first town official he had contact with when he first became a member of the Board of Architectural Review. He believed Mr. Forbes is primarily responsible for the success of the Historic District in Leesburg and the implementation of the Board. It was primarily through his negotiations with members of the public and of the Board that Lees- burg looks as it does today - not through coersion and legal suits, but through quiet diplomacy. He personally appreciates his efforts and felt the town as a whole appreciates that. Leesburg is a fine looking town today - his work is a III major portion of that. PUBLIC HEARING ON PROPOSED AMENDMENTS TO SUBDIVISION AND ZONING ORDINANCES CONCERNING REVISED FEES (Joint Hearing with Planning Commission) Present for the Planning Commission were Chairman Lynnwood L. Lay, Members Arl Curry, Jerry Pelkey, Mervin Jackson, Marvin Belles and William F. Webb, Jr. Mr. Minor reported that these proposed fees are really an outgrowth of a study done by Mr. Taylor. The budget for the current fiscal year anticipates the adoption of certain of these fees, including those applied to the Subdi- vision and Zoning Ordinances. (He recited the specific fees set out in the ordinances) : Mr. Bruce Brown ll had a rom with the BZA filing fee of $270 - in many cases, some of the reasons/might°n}},ot even cost $270. The zoning fee really bothers him - the application he filed last week would be $22,000. The $150 fee now is unrealistically low, but the cost of a zoning case is probably the same regard- less of whether it is 5 acres or 50 acres - if there is any difference, it is probably incremental. A large tract of ground would have a "fierce" fee on it. Mr. Alton Echols, speaking for himself but especially on behalf of the pur- chasers of Leesburg South, concurred with Mr. Brownell in feeling that some of these fees are unrealistically low, but he believed that some of them are going III to be counter-productive as presently proposed with what they seek to do, which is to have good orderly development in Leesburg at a fair figure. There are different costs involved with different types of projects, but there is no differential worked in on that. When you price the cost of review per square foot or per running foot, you are putting an extra tariff on the cost of that facility, which would encourage a developer to try to develop to a minimum. It would be more appropriate to have these increased fees on "x" amount per lot. He watched Mr. Forbes about 12 years ago single-handedly, with a half-time office girl, administer Crestwood Hamlet and some 1200 units in one year. He suggested a more productive use of the staff. The rezoning of a 100-acre development at $200 an acre, or a $20,000 fee, is unrealistically high. Leesburg South was an- 206 MINUTES OF SEPTEMBER 12, 1984 MEETING. nexed into the town with a current application on file with the fees paid to the County for the same zoning they will seek from Leesburg - these fees were aproximately $1,500. The town's revised fees would come up to $60,000 or more. Tap fees here are over $3,000 higher than Eastern Loudoun - how much more can a local developer bear and still have a viable environment to develop? These things require more than a joint hearing - he suggested a task force to work with some of the local developers. He asked Council to check and give Lees- burg South an answer - were they inherited when they were annexed - is their application coming over from the County or will they have to begin all over again when they file for revision? These fees are a substantial item to them. They had a pending application with the County in progress when they were an- nexed by the town - it should have been transferred on January 1, 1984. Mr. Terry Titus, of Bengtson, DeBell, Elkin & Titus, asked when these fees take effect? Citing Mr. Echols' project as an example - if changes are to be made, is he able to retrieve any of the $60,000 already paid or does it all go in at one time? The same thing would happen in a subdivision situation - if he were to withdraw or changes were made in the plan once they were submitted. He suggested lightening the load a little so that some are paid on submission and some at the end, it would probably help some. These fees are substantial. i The public hearing was closed. Mr. Bos said a number of councilmembers were concerned about some of the high fees - they will look at them very carefully to see if they make good sense. Mr. Curry was concerned about the costs per acre for the large tracts - they could run into quite a large sum. Mr. Tolbert said his comments would be similar to those above. Mayor Sevila has been the recipient of considerable comment from members of the public - he concurred with Mr. Bos' comments - Council will be reviewing all of these fees very carefully. There are some valid questions concerning the gross acreage charge and the linear foot review charge. Chairman Lynnwood Lay believed the Planning Commission should have a month to look at these fees. On motion of Mrs. Hill, seconded by Mr. Williams, Council voted unanimously to defer action on these fees until after receipt of the Planning Commission re- port: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING DISTRICT MAP RE S. HARRISON STREET NEIGHBORHOOD - FROM M-1 TO B-2 (Joint Hearing with Planning Commission) All members of the Planning Commission were present, with the exception of Henry C. Stowers. Mr. Weiss reported that this rezoning involves a tract at the intersection of Harrison Street and the bike trail - it is part of the Harrison Street Com- munity Development project. It( was initiated in response to a proposal from Market Square Associates for the redevelopment of this tract. It includes office space and residential townhouse units - he indicated the location on a map and exhibited another map showing the surrounding land uses, which will be a com- bination of commercial, Some light industrial and residential once this project would be completed. This tract could not be developed under the present desig- nation of M-1, which permits all uses except residential. The B-2 zoning will provide more flexibility in examining the proposal, but the town still maintains complete control over the disposition of that land. The Board of Architectural Review would have review authority over the proposal since it is in`the Historic District and the/Council would have complete control over the site planning, ar- chitectural design and land use matters. The present Comprehensive Plan calls for that area to be industrial, but that area has changed. The draft town plan recommends a mixed use district for the downtown area, which would help to streng- then the commercial base downtown and provide additional consumers for downtown businesses. This is certainly in line with the draft plan. The negotiating committee has met with Market Square Associates - they have reached a tentative understanding, which will be presented at the committee meeting next week. 207 MINUTES OF SEPTEMBER 12, 1984 MEETING. There was no-one from the public to speak. Mayor Sevila observed that this is a town-initiated rezoning - the owner of the property will retain complete control over the use of the property. Mr. Lay said the Commission will take action on September 20th. On motion of Mr. Kelley, seconded by Mrs. Hill, Council voted unanimously that, on receipt of the Planning Commission report within 30 days, this matter will be referred to the Finance and Adminsitration Committee for consideration: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. COUNCILMEMBER COMMENTS: Mr. Bos reported that stereo equipment is being sold on a lot on East Mar- ket Street - he recalled that Council adopted some legislation not too long ago concerning itinerant vendors as to who may or may not sell along the streets. Mr. Williams said he has checked with the Finance Department on this - they are acceptable, have paid the fee and have permission from the owner to be there. Mr. Curry was concerned about storm water control - the town now has only a management control for siltation and erosion - this is only for a two-year storm. It should be greater and we should look into the possibility of a 90- minute flood control and a 10, 20 or 25-year storm. Mr. Minor said this would involve a change in the town's construction standards - we have been working on this for quite a while. We want to get our new Director of Engineering in- volved in that as soon as possible. Mr. Kelley reported that the Economic Development Advisory Committee met this morning. They are moving forward on the Virginia State certification pro- gram. There will be a program here in the Council Chambers on September 18th on revitalizing the downtown area. This is sponsored by the National Trust 111 and Storer will cablecast it. There will be a telephone available as well. Also, Mr. Williams will be taking a part of the certification program to the Environmental Advisory Commission. Mr. Weiss said there was discussion of the Quality of Life portion of this program - we have to analyze the existing quality of life and find any deficiencies - then develop a plan to correct these deficiencies. Sugggestion was made today that the Environmental Advisory Com- mission might assist EDAC with this. One. of the things they look for is that you have a litter control program and community improvement efforts, which is one of the objectives of the EAC. Others are beautification, an awards program and others like the East Market Street program. They also discussed sign regu- lations - EAC requested the Council and the Acting Manager to discuss signs with Econo-Lodge. One of the recommendations refers to height limit and size regu- lations . The committee unanimously passed a resolution this morning requesting the Council, in its consideration of the Zoning Ordinance revision, to give first priority to the sign regulations - that is an important component of the East Market Street study,: as well as for future developments. Mr. Tolbert reported that he visited the new airport facility today - the access road and the parking area have been paved. Carpet has been laid in the building. He made a one-man inspection tour and found only one light that did not have a cover on it. MAYOR'S REPORT: Mayor Sevila reported that he has received a letter from Jeff Wolford, who recently joined the firm of Chamberlin and Associates as a surveyor - he is ask- ing the town to revise its ordinances to permit surveyors to perform services that are now permitted only by licensed professional engineers. He cites ex- amples from other jurisdictions who do allow this . This is directed to the proper committee for discussion. He acknowledged receipt of Marc Weiss' resignation and expressed regret, both personally and on behalf of the town. Mr. Weiss has served the town very capably - many people have expressed their personal regret concerning this. We will miss him and wish him the best of luck in his endeavors. 208 MINUTES OF SEPTEMBER 12, 1984 MEETING. MANAGER'S REPORT: Mr. Minor expressed regret concerning Mr. Weiss's resignation - only he knows how much he depends on him. He will be a difficult person to attempt to replace, however, they are proceeding. We.have placed an ad in the Washington Post and in the Times-Mirror, as well as the APA Job Mart. As to other re- cruitment, we have narrowed down applications for Director of Finance as well as for Director of Engineering - the last interview for Finance Director is September 17th and the last for Director of Engineering is September 20, so we should have some appointments this month for these two positions. They had their first "walk through" on the AFSS terminal facility today - the project is essentially finished (in terms of interior work) . There are still a couple of weeks of exterior work to be done. Our high mast pole is in and will be installed shortly. They will contact the FAA this week to es- tablish a beneficial occupancy date (probably October 1st) . Included in the..Activity Report is a status report on availability fees. We do not know whether this is?good collection rate or not - we don't have enough history on this . As of yesterday, we have collected 30 percent of the amount budgeted - this is very important to our Utility Fund. EDAW is preparing construction drawings for the East Market Street entrance sign. This will be a nice addition to the town and to its efforts to become more attractive. The Treatment Plant project is proceeding - we have received requests for 27 sets of plans and specs . We expect this number to increase significantly. The Public Works Department recently had a problem with the drainage fa- cility near Tuscarora Drive. It was caused by a willow tree and part of the roots have been removed. Mr. Curry asked if there was any chance of removing this tree? Mr. Minor said we have agreed to split the cost of removal of this tree up to $175. The adjacent property owner secured a bid of $300 - that work was to have been done on either Sunday or Monday. As of now, it has not been removed. LEGISLATION: RESOLUTION OF RESPECT: On motion of Mrs. Hill, seconded by Mr. Tolbert, the following Resolution of Respect was unanimously adopted: WHEREAS, the Council notes with deep sadness the death of Lester J. Cole, who died in Loudoun Memorial Hospital on August 18, 1984; and WHEREAS, Lester Cole served the Town of Leesburg in the Public Works Department from 1972 to 1984; and WHEREAS, Lester Cole was a dedicated and loyal employee of the town: THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg do extend to Lester Cole's family their deepest sym- pathy; and FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to Lester Cole's widow. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and. Mayor Sevila. Nay: None. On motion of Mrs. Hill, seconded by Mr. Kelley, the following resolutions were proposed as consent items and unanimously adopted: 84-147 - RESOLUTION - AUTHORIZING AN ULTRAVIOLET IRRADIATION SYSTEM FOR EFFLUENT DISINFECTION AS A BID ALTERNATE AND DIRECTING THE ACTING TOWN MANAGER TO PURSUE FUNDING THEREFOR. WHEREAS, a preliminary investigation by town staff and the town's con- sulting engineers indicate a potential capital savings exceeding I 209 MINUTES OF SEPTEMBER 12, 1984 MEETING. $200,000 and annual operating savings of approximately $10,000 if ultraviolet irradiation is substituted for dechlorination as a method for effluent disinfection at the town's wastewater treat- ment facility; and WHEREAS, the use of ultraviolet irradiation as an alternative to dechlorination will enhance the operational safety of the town's wastewater treatment facility; and WHEREAS, innovative and alternative funding through the State Water Control Board and Environmental Protection Agency may be available to fund the construction of an ultraviolet irradiation system: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir- ginia as follows: SECTION I. The town's construction engineering consultant is di- rected to design and include as a deductible bid alternate an ultra- I violet irradiation system for effluent disinfection as part of the bid documents for the Leesburg wastewater treatment plant expansion I project. SECTION II. The acting town manager is directed to pursue both con- ventional and innovative and alternative funding through the U. S. Environmental Protection Agency and State Water Control Board for the ultraviolet irradiation system. I I 84-148 - RESOLUTION - AUTHORIZING THE TOWN'S PARTICIPATION IN THE SET-OFF DEBT COLLECTION PROGRAM. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The acting town manager is authorized and directed to make application to the Virginia Department of Taxation to ensure the town's participa- tion in the benefits of the Set-Off Debt Collection Act as authorized IIIin Section 58-19.6 through 58-19.21 of the Code of Virginia (1950) , as amended. 84-149 - RESOLUTION - APPOINTING MARK C. NELIS AS ACTING ZONING ADMINISTRATOR. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Mark C. Nelis is appointed Acting Zoning Administrator for a period of ninety days, at an annual salary of $4,175.00. 84-150 - RESOLUTION - ENDORSING A PROCEDURE FOR REVISING AND CONSOLIDATING THE TOWN'S ZONING ORDINANCES. WHEREAS, the town presently administers two separate zoning ordinances; and WHEREAS, the present town ordinance was initially prepared in 1959; and WHEREAS, the town annexed approximately 7.5 square miles on January 1, 1984; and WHEREAS, the town presently administers the Loudoun County zoning ordi- nance in the annexed area; and III WHEREAS, a revised and consolidated zoning ordinance is necessary to better regulate development in Leesburg: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The zoning ordinance consolidation and revision procedure as outlined in a memorandum dated June 29, 1984 is endorsed. SECTION II. The Planning Commission is directed to begin working with staff to develop the consolidated ordinance. SECTION III. This resolution shall be in effect upon its adoption. 210 MINUTES OF SEPTEMBER 12, 1984 MEETING. 84-151 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE BOND FOR THE McLEAN BANK, 338 EAST MARKET STREET. WHEREAS, the Planning Commission granted preliminary and final site plan approval for public improvements conditioned upon Council approval of a performance bond and authorization of an agreement for a development plan for the McLean Bank at 338 East Market Street: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improve- ments for the development plan for the McLean Bank. SECTION II. An irrevocable letter of credit bond in the amount of $13,070 guaranteeing installation of public improvements in accord- ance with the plans approved by the Planning Commission and Director of Engineering is approved. 84-152 - RESOLUTION - EXTENDING THE CONTRACT FOR PUBLIC IMPROVEMENTS, PERFORMANCE GUARANTEE AND TIME FOR COMPLETION OF PUBLIC IMPROVEMENTS FOR THE SOUTHGATE II DEVELOPMENT. WHEREAS, Council Resolution 83-46 authorized an agreement for instal- lation of public improvements for the Southgate II development which required the improvements to be completed on or before March 23, 1984; and WHEREAS, Council Resolution 84-57 extended the contract for public improvements and performance guarantee for installation of public improvements for this project to September 1, 1984; and WHEREAS, the developer has requested a second extension of time for the completion of the public improvements until December 1, 1984: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir ginia as follows: The contract for public improvements and performance guarantee for installation of public improvements for the Southgate II development is extended until December 1, 1984 subject to submittal and review and approval by the town attorney of an amendment extending the Sov- ran Bank's (successor to First and Merchants National Bank) irrevo- cable letter of credit No. FM-3541 dated April 4, 1983 to December 1, 1984. 84-153 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF FORT BEAUREGARD ASSOCIATES, INC. FOR AMENDMENT OF THE ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAP- TER 11, TITLE 15.1 OF THE CODE OF VIRGINIA, AS AMENDED. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application of Fort Beauregard Associates, Inc. for amendment of the zoning district map, assigned No. ZM-52, to change 77.5 acres of land located at the intersection of Routes 654 and 643 from Loudoun County R-1 to Leesburg R-1, 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. 84-154 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF LEESBURG BUILDERS, INC. FOR AMENDMENT 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. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application of Leesburg Builders, Inc. for amendment of the zoning district map, assigned No. ZM-53, to change 1.93 acres of land located at Lots 78, 79 and Parcel "A" of Valley View Estates from Town R-1 to Town R-3, is received and referred to the Planning Commission for pub- lic hearing and recommendation under Chapter 11, Title 15.1 of the Code of Virginia, as amended. 211 MINUTES OF SEPTEMBER 12, 1984 MEETING. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-0- 40 - ORDINANCE - AMENDING CHAPTER 17, TAXATION AND LICENSES, OF THE TOWN CODE REGARDING DELINQUENT TAX LIST. On motion of Mrs. Hill, seconded by Mr. Williams, the following ordinance was proposed: ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 17-5 of the Town Code is amended to read as follows: Section 17-5. Delinquent Tax List. The Director of Finance, after ascertaining which of the taxes and levies assessed in the town cannot be collected, shall not later than the first day of August in each year, make out lists as follows: (1) A list of real estate on the commissioner's land book improperly placed thereon or not ascertainable, with the amount of taxes and levies charged thereon. (2) A list of other real estate which is delinquent for the nonpay- ment of the taxes and levies thereon. (3) A list of such of the taxes and levies assessed on tangible personal property, machinery and tools and merchant's capital, and other subjects of local taxation, except real estate, as he is unable to col= lect. (4) A list of such of the taxes on intangible personal property as he is unable to collect. The said lists shall speak as of June thirtieth of each year - that is to say, such lists shall conform to the facts as they existed on such date. A copy of each of the three lists mentioned in paragraphs (1) , (2) and (3) in Section 58-978 of the 1950 Code of Virginia, as amended, shall be submitted by the treasurer to the Council at the first meeting of the Council held after the Director of Finance shall have completed the lists. The Council may direct the Director of Finance to certify to the Commissioner of Revenue for the county a copy of the real estate on the commissioner's land book improperly placed thereon, or not ascer- tainable and the Commissioner of the Revenue shall correct his land book accordingly; and the Director of Finance shall be given credit for the entire amount of the taxes and levies included in the list and may de- stroy the tax tickets made out to him for such taxes and levies. The Council shall cause the lists mentioned in paragraphs (2) and (3) of the aforementioned Section 58-978, or such parts thereof as deemed advisable, to be published as provided therein. If the taxes and levies on any real estate appearing on the list mentioned in paragraph (2) of the aforementioned Section 58-978 are not paid by the third anniversary of the original due date thereof, a lien shall be recorded by the Director of Finance in the Clerk's Of- fice for the County of Loudoun; provided, however, if the Clerk has not yet recorded a lien on the delinquent land book, the Director of Fi- nance may collect after the third anniversary of the original due date but on or before December thirty-one immediately following such third anniversary, any taxes which appear on the delinquent list and shall note on the list to be transmitted to the Clerk that payment thereof has been made or report the payment to the Clerk if the list has al- ready been transferred. 212 MINUTES OF SEPTEMBER 12, 1984 MEETING. SECTION II. All prior ordinances and resolutions in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. After discussion, it was agreeable with all councilmembers to amend the second paragraph of Section (4) to read as follows : The said lists shall conform to the facts as they existed on June 30 of each year. The ordinance, as amended, was unanimously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-155 - RESOLUTION - AUTHORIZING ESCROW AGREEMENT BETWEEN TOWN OF LEESBURG AND WELLESLEY TRUST. On motion of Mr. Kelley, seconded by Mr. Tolbert, the following resolu- tion was proposed: WHEREAS, the Wellesley Trust desires to sell 106 recorded building lots in Section IV, Leesburg Country Club; and WHEREAS, the Council for the Town of Leesburg seeks to ensure and en- hance the availability of nonpublic funds to complete construction of the public improvements in Phase I (Fairways) of Section IV, Leesburg Country Club; and WHEREAS, the Wellesley Trust and the town have reached an agreement to create a $35,000 escrow account from which the town may withdraw funds to make the necessary improvements and repairs to the public facilities 1 in the Fairways Subdivision which is in addition to the corporate surety guarantee of the Republic Insurance Company. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The mayor shall execute the escrow agreement between the town and the Wellesley Trust in a form approved by the town attorney. There followed lengthy discussion concerning this proposed agreement, as well as one proposed concerning the purchase of Sections II, III and IV of Section IV, Leesburg Country Club by the Yeonas Company. At the suggestion of Mayor Sevila, the makers of the motion agreed that the last paragraph be amended to read as follows : The mayor is authorized to execute an escrow agreement between the town and the Wellesley Trust in a form approved by the town attorney: The resolution, as amended, was unanimously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-156 - RESOLUTION - AUTHORIZING AGREEMENT BETWEEN THE TOWN OF LEESBURG AND YEONAS COMPANY. On motion of Mrs. Hill, seconded by Mr. Bos, the following resolution was proposed and unanimously adopted: WHEREAS, the Yeonas Company has entered into a contract to purchase 106 recorded building lots in Section IV, Leesburg Country Club; and WHEREAS, Yeonas and the Town of Leesburg desire to enter into an agree- ment to clarify the bonding and public facility construction require- ments of the Yeonas Company in Phases II, III and IV of Section IV, Leesburg Country Club; and 213 MINUTES OF SEPTEMBER 12, 1984 MEETING. WHEREAS, this Council has entered into an agreement with the Wellesley Trust, which in conjunction with existing corporate surety guarantees, will provide sufficient funds to complete all of the work to public fa- cilities in Phase I (Fairways) of Country Club, Section IV: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The mayor is authorized to execute an agreement between the Town of Lees- burg and the Yeonas Company in a form approved by the town attorney. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. A five-minute recess was declared by the Mayor. Council reconvened at 9 :40 p.m. 84-157 - RESOLUTION - APPROVING THE FINAL PLAT FOR PHASE I, SECTION I, FOXRIDGE SUBDIVISION. Mr. Curry disqualified himself from action on this resolution - he is a joint property owner and sold part of this land to the town. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, the Town Council has the authority to approve cluster subdi- visions under Section 13-59(e) of the Subdivision and Land Development Regulations: THEREFORE, RESOLVED by the Town Council of the Town of Leesburg in Vir- ginia as follows: SECTION I. The final plat of Phase I, Section I, Foxridge Subdivision, prepared by Bengtson, deBell, Elkin and Titus and dated September 12, 1984 is approved subject to the following conditions: 1. Delivery of a proper deed from the Town of Leesburg conveying land to Foxridge Limited Partnership. 2. Delivery of a proper deed of dedication of Phase I, Section I, Foxridge Subdivision including a dedication of Park A and B for public use and dedication of the streets, and 3. Provision of a Title Certificate or title insurance binder showing all parties with an interest in the property and as- suring that all proper entities are joining in the deed of dedication, and the title is clear. Mr. Minor reported that representatives of the developer are here to answer any questions. The plats were sent to Minerva Andrews of Boothe,Prichard and Dudley for review to be sure they conform to their correspondence of about six weeks ago (copy of letter at their places) . The resolution was prepared by Mr. Martin in an effort to reflect Ms. Andrews' letter. Mr. Weiss said she is com- fortable with this conditional approval. Mayor Sevila added that the plat in- cludes the 20 lots shown on Page 1, as well as Parks A and B. : Mr. Perry and Mr. Hanes have no objection to the conditions shown in Section 1 of this resolution. Mr. Bos reported that there was a lot of discussion at last week's utility com- mittee meeting concerning stormwater management, pipe sizing, etc. - he was un- able to attend that meeting but understood that all concerns were answered to the satisfaction of that letter. Mr. Minor reported that one of the things not as clear was that the later sections would have an internal storm drainage sys- tem. We have signed off on the construction drawings as complying with town standards. The resolution was adopted by a vote of 4 to 2, with one abstention: Aye: Councilmembers Bos, Hill, Tolbert and Mayor Sevila. Nay: Councilmembers Kelley and Williams. Abstention: Councilmember Curry. 214 MINUTES OF SEPTEMBER 12, 1984 MEETING. PROPOSED RESOLUTION APPROVING THE FINAL PLAT OF OAKVIEW SUBDIVISION. Discussion of this matter revealed that the Planning Commission had voted against approval of this subdivision plat. However, jurisdiction over cluster subdivisions has, in the meantime, been transferred to the Town Council. After some further discussion, on motion of Mr. Williams, seconded by Mr. Kelley, . _.- Council. voted unanimously. to send this matter back to both the Utility and Fi- nance Committees next week: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-158 - RESOLUTION - ESTABLISHING FEES FOR FUTURE DEVELOPMENT CONNECTIONS TO CATOCTIN CIRCLE WEST WATERMAIN EXTENSION. Mr. Curry disqualified himself - he has a conflict of interest in this matter. On motion of Mrs. Hill, seconded by Mr. Bos, the following resolution was proposed: WHEREAS, Section 19-24 of the Town Code authorizes the town to collect prorata fees for water conveyance facilities for town constructed facili- ties necessitated at least in part by future subdivision or development of land; and WHEREAS, the town has constructed a 12" watermain within the right-of- way of Catoctin Circle West between Dry Mill Road and Children's Center Road; and WHEREAS, it has been determined that fifty percent of the costs of the installation of this watermain is for public benefit and fifty percent is for the benefit of land owners adjacent to the watermain: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The October 30, 1983 costs for an equivalent dwelling unit (200 gallons per day) connection to the Catoctin Circle West watermain is $82.42 and shall be assessed to the following properties on a per dwelling unit cost of up to the maximum number of dwelling units as follows: Parcel No. (Tax Map) No. of Units 48-46A (Florence Ashbrook et al) 76 48-51 (Katherine R. & Arl Curry) 50 48-46C (J. Fred & Mildred W. Stayer) 1 47-33, 33A, 33B (Al Perry) 175 48-46D, 51A (Town of Leesburg) 42 48-6-1, 2 (Rodrick) 2 SECTION II. The following additional charges will be made as a result of individual connections that were provided for extension to adjacent prop- erty: Parcel No. (Tax Map) Amount (Al Perry) $1,467 (Katherine R. & Arl Curry) 1,421 SECTION III. The fees as outlined in Section II above shall be paid at the time the first water connection permit is issued for the development and fees called for in Section I herein shall be paid prior to issuance 215 MINUTES OF SEPTEMBER 12, 1984 MEETING. of water connection permits for individual dwelling units. Said fees shall be in addition to all other availability and connection fees the town is authorized to collect. SECTION IV. The fees shall be adjusted based on the present day Engi- neering News Record Cost Index relative to the Engineering News Record cost index of October 30, 1983. SECTION V. These fees shall run with the property ownership and the town manager shall maintain for public inspection a record of facili- ties subject to these fees. At the suggestion of Mayor Sevila and acceptance of the makers of the resolution, Section IV was amended to read: SECTION IV. The fees shall be adjusted based on Engineering News Record cost index at the time of application. The resolution, as amended, was adopted by a vote of 6 to 1 abstention: Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. Abstention: Councilmember Curry. 84-159 - RESOLUTION - MAKING AN APPROPRIATION FOR THE MARKET STATION PROJECT. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the Town of Leesburg and Market Square Associates, Inc. have entered into a deed of lease and development agreement dated October 13, 1983; and WHEREAS, Paragraph 9 of the agreement obligates the town to contribute $103,000 towards the Market Station Project: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : An appropriation is made from the South Harrison Street capital project fund, year 3, unappropriated fund balance, to account number 9300.705, commercial/insudtrial development in the amount of $1,686.70. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. Mr. Weiss explained to councilmembers that there have been changes in the federal legislation setting a "cap" on industrial revenue bonds - it increases over about a three-year period and eventually the program evaporates under the present legislation. The cap is $150 per capita per state. The State of Vir- ginia is then authorized to determine how that money is distributed within the State. The Governor issued an executive order saying that the State retains half of the authority (or $75.00) for itself and distributed $75.00 to coun- ties and cities. There is also a procedure that says within a county, a town could seek its own allocation on a pro-rata share from the county and the county would be obligated to set that amount aside for the town. Loudoun County has an authorization for the remainder of 1984 of 4.4 million dollars in IRB funding authority. There is also a possibility there may be some State reserves left over that they could go back for later in the year. The bonding authority is running at an average of about 10 to 20 million dollars a year in bond issues so the 4.4 million is a substantial decrease. Our per capita share would be based on the 1980 census figure - pre-annexation - 8,357 people, which equates to $627,000. His recommendation would be that the town not seek its own authority - the county has cooperated fully with the town in this program. He is proposing no legislation - there is not time for all the requirements for this year. On motion of Mr. Williams, seconded by,Mrs. Hill, Council voted unanimously to go into executive session to discuss personnel matters, in accordance with Section 2.1-344(a) (1) of the 1950 Code of Virginia, as amended, with Mr. Minor to be present: ' 216 MINUTES OF SEPTEMBER 12, 1984 MEETING. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. The meeting was reconvened by the Mayor, who stated that Council considered only those matters included in the motion, with no action being taken.in execu- tive session. 84-160. - RESOLUTION - APPOINTING A TOWN MANAGER. On motion of Mr. Bos, seconded by Mrs. Hill, the following resolution was proposed: IRESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Jeffrey H. Minor is appointed to the position of town mana- ger for the Town of Leesburg with all of the responsibilities, authority and duties of the position of town manager as outlined in the Town Char- ter and Town Code. SECTION II. The town manager shall be paid at an annual rate of $46,000 per year during fiscal year 1985 and shall receive such future annual salary each July 1 as determined by the Council. SECTION III. In the event the town manager's employment is terminated by the Council during such time as the town manager is willing to per- form the duties of town manager, then in that event the town manager shall receive as severance pay a lump sum cash payment equal to one- fourth of his yearly compensation including benefits. In the event, however, the manager's employment is terminated because of his con- viction for any illegal act involving personal gain to him, then, in that event, no such severance pay shall be paid. In the event the Council at any time reduces the compensation or other benefits of the manager in a greater percentage than across the board reduction for all town employees, or in the event the manager resigns following the suggestion, whether formal or informal, by majority of the Council, I that he resign, then in that event the manager may, at his option, be deemed to be terminated at the date of such reduction or suggestion within the meaning and intent of this severance provision. SECTION IV. Prevailing policies with respect to leave and other bene- fits shall apply to the manager. Mayor Sevila, speaking to Mr. Minor, said the Council is offering the position to him and he should accept it with a great deal of pride - he has performed admirably under several months of somewhat trying times, during which his abili- ties and talents as a manager have certainly been pushed to their limits. With a reduced staff and without the assistance of a deputy or assistant manager, he has had to perform all the functions to a level that a brand new council would expect. He has performed to their unanimous satisfaction. This offer is a testi- mony to that. They all look forward to a long and satisfying career with him. Mr. Tolbert felt he had acted very well under pressure. Mrs. Hill agreed. The resolution was unanimously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. It was decided that a press conference would be held tomorrow at noon to introduce Mr. Minor as the new Town Manager. On motion of Mrs. Hill, duly seconded, the meeting was adjourned. Mayor /141; --Z2 7/ . -/C-,1-/ Clerk of th ' Council