HomeMy Public PortalAbout1984_09_26 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 26, 1984.
219
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia on September 26, 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. Bos. Present were: Mayor Robert E. Sevila, Councilmembers Charles A.
Bos, Marylou Hill, Brian T. Kelley, John W. Tolbert, Jr. and Charles J.
Williams; also, Town Manager Jeffrey H. Minor, Assistant Manager for Plan-
ning and Development Marc Weiss, Assistant Zoning Administrator Mark Nelis
and Town Attorney George M. Martin. Absent from the meeting was Council-
member Arl Curry.
I
On motion of Mrs. Hill, seconded by Mr. Williams, the minutes of the
regular meeting of May 9, 1984 were unanimously approved as submitted:
Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
PETITIONERS:
Mr. Fred Hetzel, both as an individual member of the Environmental Advisory
Commission and as President of the Loudoun County Preservation Society, said
Cr this is his third appearance before Council concerning fences. He had suggested
r- at an earlier meeting that, if a fence ordinance is desirable, perhaps it should
N be confined to the historic district. This was before annexation took place.
W Council decided that such an ordinance, if adopted, should apply to the town
as a whole. He lives on Cornwall Street - the house next to him has changed
CO hands three times within a year. There is no reason that incoming residents
Q couldipput up any kind of fence they desire. With this kind of thing in mind,
Council should think what might happen. Mostof those in the historic district
want to keep their property up-to-date - they realize how important it is to
the tourists who come to see the town. It (the town) is more beautiful than
it ever has been. Just one unpleasant incident (like what has happened in
Waterford) could start a chain of events that could largely destroy what
has been accomplished to this point. What they are proposing is not contro-
1 versial in any way whatsoever - they are merely making suggestions for the
planners to avoid all of the kind of things that have happened in Waterford,
not to make a confrontation. He urged Council to think of this in terms of
urgency - don't wait until a court decision tells them what to do. They want
to do something that will move forward before somebody does something that will
polarize the community.
Mr. Bos suggested that, in discussions with the people interpreting our
Zoning Ordinance and with the Zoning Administrator, they might want to consider
fences in the Historic District as actual structures (this would make them fall
under the purview of the Board of Architectural Review) - this needs to be clari-
fied for the town residents and for the Board of Architectural Review (specifi-
cally) . This would make the case almost moot in the Historic District. Mr. Het-
zel agreed and added that this was also discussed with the EAC, which has en-
thusiastic support of his comments.
Mayor Sevila asked if the fence ordinance was reported out of the EAC?
Mr. Williams reported that Colin MacDiarmid came before the last Finance and
Administration meeting and talked about many items that are objectives of the
Commission. The overall aspect was that the fence ordinance would probably
wind up in the Zoning Ordinance revisions - there was no enthusiastic support
for a town-wide fence ordinance. Mr. Bos felt that most of the committee did
not feel that way.
Mr. Alan Raflo, also a member of EAC, addressed Council concerning the
type of sign to be erected for the Econo-Lodge on Route 7 East. Mr. MacDiarmid
also reported on this matter to the Finance and Administration Committee. The
present sign ordinance would allow them to erect a sign 30 to 40 feet high, with
the potential that this tall sign will some day be along the Route 15 By-Pass.
I. Though they already had approval for their sign, we wanted to make it clear
that this is not the type of sign we want - urge them to have a sign that will
conform to the East Market Street Plan. Econo-Lodge is their main concern at
this time, but they are also concerned about others coming in. Mr. Bos said
the East Market Street study made several changes in the Zoning Ordinance - it
needs to be looked at by the whole council - there were some zoning set-back
issues and other things that require modification of the Zoning Ordinance. We
220 MINUTES OF SEPTEMBER 26, 1984 MEETING.
need to implement some of these changes in the reasonably near future.
Mr. Williams said Mr. McCahill's letter had a dual concern - he was cer-
tainly interested in the council taking some kind of immediate action to adopt
an ordinance that would encompass the broad scope of the East Market Street
design. That was reviewed by both committees and would have to be a part of
an overall study to bring it into conformance with the ordinances as well.
The Commission last night felt a stronger message should be sent to the Econo-
Lodge people. Mr. Minor said there has been no reply to his letter. Mr.
Raflo said they had general approval of their project, but not for the sign.
Mr. Weiss said they are proposing a free-standing sign - visibility from the
By-Pass is certainly something they are interested in. Discussion continued
on this matter, with a decision to hold a joint committee meeting on Wednesday,
October 3rd at 6:30 p.m. to discuss an interim sign ordinance, with particular
attention to hotel-motel signage. Mr. Bos was concerned about Council enacting
an ordinance that will affect motel-hotel signs only - will this solve the de-
sign problems to our satisfaction by itself? Mayor Sevila thought that, if the
sign ordinance is already permissive, it can be equally restrictive. We should
move with some deliberate speed on this. Mr. Minor suggested a possible special
meeting next Wednesday night to adopt a resolution to advertise such legislation.
Mr. Tolbert, Council Liaison Member to the Airport Commission, introduced •
the following members of the Airport Commission - Carl Gregg, Chairman; Stanley
Caulkins, Vice-Chairman; Members Claude Arthur and June Bachtell and Acting
Secretary Jeff Minor.
Mr. Gregg thanked Council for the help given them with the airport; ex-
pressed appreciation to Mr. Minor for the "ton" of paperwork in connection there- - -
with and to Mr. Tolbert who is "ready to fly."
Mr. Haynes also expressed appreciation for the support of the Airport Com-
mission, the Council and the town staff - the success of the airport today is a
direct result of a partnership that exists and that has come about in the last
three and a half years. Janelle Aviation is a fixed base operator and they are
here to stay - they sell airplanes, charter aircraft, have a flight training de-
partment, rent aircraft, service and repair airplanes and sell parts. There are
approximately 35 employees. The airport is a very important part of the indus-
trial development of the town and the whole community - they are fortunate to
have June Bachtell on the Commission - she brings another important ingredient
to the formula. What they have accomplished in the building project recently is
important because first impressions are important to any business or community.
The airport, in many cases, is the first thing people see when they come to Lees-
burg. The Governor of Virginia, members of the State Legislature and members of
Congress, as well as Governors from surrounding States, have come into the air-
port. Today they will see a real change - the new terminal building and other
facilities will change the image dramatically. More important than the physi-
cal facilities are the people. None of this could have been done without the
Council, nor without the help of his staff. The Flight Service Station is prob-
ably the most dramatic result and, along with that, the new terminal building
which will house their offices, the sewer has been extended to the airport which
makes possible all types of development at the airport and along the corridor of
Sycolin Road and Route 643. They have a new non-directional radio beacon which
enables aircraft to get into Leesburg under bad weather conditions. They com-
pleted eight new storage hangars last year, which have been promised to the town
for years (all of these are occupied) and they have started some preliminary work
to build additional storage hangars on the three acres they are leasing from the
town. They have also just completed an obstruction removal project, which has
made the airport a lot safer. They completed a market study about a year and a
half ago - as a result of this they were able to update the Master Plan and are
already beginning to implement some of the items called for. They were able to
virtually eliminate the personal property tax on planes a year ago - this has
brought in more planes to Leesburg and Dulles. They were successful in getting
a private grant, which will fund essentially all of the local share of the
$2,000,000 airport expansion project which is now underway. All of this makes
the airport more attractive to business users. About a year ago there was an
article in a magazine that stated that the most profitable corporations in
America use aircraft - those are the types of business they would like to at-
tract to Leesbur and Loudoun County. We have strong support from not only the
State - the FAA�n e Town Council. He thanked this group and hopes they can ac-
complish as much in the next 31 years.
MINUTES OF SEPTEMBER 26, 198.4 MEETING. 221
Mr. Williams had several questions concerning hangars and numbers of
aircraft, etc. , to which Mr. Haynes replied. They lease approximately six
acres from the town - they have built three hangars which house 18 aircraft.
There is approximately three acres left, but this presents a little site prob-
lem, The topo has been completed and they are trying to decide - they know
they can put 18 units on it and perhaps more. They will be happy to build what-
ever the market will bear - to lease or sell - they are keeping a list of those
interested. They will be sending out a survey as soon as they decide on the
project - they have no answer yet - they are trying to get the water off the
land. There are 140 planes based there, with about 15 to 20 being multi-engine.
There were probably about 80 planes there when Janelle took over. There has
been a significant increase in registrations since the personal property tax
was repealed. They have very little tie-down space left and no hangar space -
they will be working on these things in the coming months. Mr. Minor added that
the $35,000 for the Environmental Assessment Report from Mr. Firestone was a
direct result of the tax decrease. Mayor Sevila said that, within the first
week of adoption of that ordinance, he received calls from three states from
people who had any number of aircraft they wanted to base here. Mr. Haynes
added that about 500 acres of land surrounding the airport has been recently
sold to a developer - he thinks the tax issue and everything that has happened
out there was a catalyst.
Mr. Haynes introduced his staff.
N Mr. Bos asked about the increase in price of aircraft - has this affected
w this area? Mr. Haynes said people are keeping their old aircraft going. This
COis felt in airplane sales. That is down in their business, but all other phases
Q of the business are up. In 1979, the industry delivered almost 20,000 units -
this year, it will be less than 2,000.
Mr. Caulkins said they wish to recognize that Mr. Minor has done a "yeoman's
job" and Mr. Gregg has a fine rapport with the State - they know who we are.
Mayor Sevila presented a Certificate of Appreciation to Marc Weiss, who
will be resigning as Assistant Manager for Planning and Development on Septem-
ber 28th. Mr. Weiss has been with us for almost three years and he has meant
a great deal to him. He wished him luck in the private sector. The town will
miss him and his fine work.
COUNCILMEMBERS' COMMENTS:
Mr. Bos commented that a recent video conference by the National Historic
Trust on downtown revitalization was an excellent program and was a very good
lesson for Leesburg - it was very beneficial.
Included in this week's Activity Report is a report on the Board of Archi-
tectural Review meeting this past week. There were two projects of significance -
a sign :for the entrance to the Virginia National Bank Building, now becoming
a brokerage house - the Firemen's Field property is being developed into condo-
minium residential units - there was an application for the two buildings front-
ing on Loudoun Street. Though the Board was not unanimous, they did approve a
historic district zoning permit and a number of design changes were made. This
was a difficult decision.
Mr. Williams thanked Mr. Raflo and Mr. Hetzel for coming tonight and shar-
ing their views. Signage was a big topic at the Environmental Advisory Commis-
sion meeting last night - it had been before both committees of Council. The
fence ordinance had also previously been discussed in depth. He asked Mr.
Raflo to report what this Commission wants to do with regard to the awards by
the Commission. Mr. Raflo reported that they have agreed that awards will be
given on a seasonal basis for architecture, preservation, conservation and land-
scaping - he explained this program in detail, it will be submitted in a letter.
Mr. Williams further reported that the Commission recommended that Leesburg con-
sider becoming a "Tree City", that the town seek out a "Litter Control Officer"
and that they would like to interface on EDAC's program on quality of life with
respect to business surveys. He complimented Mr. Tolbert on his fine work with
the Airport Commission.
Mr. Tolbert asked if a litter control officer might work with Keep Loudoun
Beautiful? It is hoped this can be done.
222 MINUTES OF SEPTEMBER 26, 1984 MEETING.
Mayor Sevila recalled that there was a councilmember from Lynchburg,
along with his wife, who spoke concerning a tree program they have in Lynch-
burg at the Institute of Government meeting in Charlottesville in July. He
believed they collected scrap metal and converted it into cash to be used for
trees around the city in some sort of community coordinating program. Mr.
Williams was sure there would be many ways to gather funds to purchase trees.
They have not gotten into the mechanics of this yet - he chose not to burden
the staff at this time.
Mr. Kelley complimented the town staff on their able assistance manning
the town's booth at the Trade Fair. The crowds were great and it was very
enjoyable.
Mr. Tolbert reported that Mrs. Nancy DeLashmutt Griffin brought to his
attention that there is a deep ditch at the back of their property on Catoctin
Circle where everything is thrown into it. She asked if something could be done
about this. The Public Works Superintendent says he will take care of it.
MAYOR'S REPORT:
Mayor Sevila reminded that most of the councilmembers will be in Richmond
next week attending the VML conference. This consists primarily of seminars,
meetings and conferences attended by mayors and councilmembers throughout the
State. It gives them an opportunity to hear from the academic community, as
well as the state, county, city and town governments. He received a letter
from the Town of Waverly, Virginia - Mayor William R. Hartz is running for
Chairman of the VML Town section, with elections on Monday morning. He is
seeking support from Leesburg representatives at the meeting.
An unidentified man complained about foliage that was blocking the view
at the corner of Loudoun and Dry Mill Road recently. Town crews were out and
trimmed it today. This was also reported to Mr. Minor and he thanked him for
his prompt attention to this matter. Last summer Dr. Cook voluntarily moved
his fence back several feet and trimmed the foliage, so it is a very aesthetic
corner now. It might be appropriate to express our gratitude to him for his
work there - it looks nicer and is much safer.
He received a letter from a Mr. Wall in Country Club Subdivision this
last week concerning the location of a large relay or control box by Storer
Cable - he has invited Storer to place that box in his back yard next to a
power box. Not only does it obscure the vision of pedestrians, but it is
also aesthetically unappealing in his yard. Mr. Minor said this has been
placed on the Cable Advisory Commission agenda. Mr. Webb of Storer has re-
sponded to this - those facilities are on public right-of-way. They do not
intend to do anything.
He also received a letter from some people who attended August Court Days
and could find no place to park - they parked on Wirt Street and left with a
parking ticket on each vehicle. He sent a check for payment of the tickets
and enclosed his tickets to August Court Days as proof. He asked that Council
consider some favorable action - he questioned whether he might ever return.
He asked that the staff look into this. This might be an appropriate time to
renew our inquiry concerning the parking problem. In fact, the appropriate
committee might want to take an in-depth look at parking again. Someone recently
gave him a parking token - the town might consider this again to keep metered
spaces moving.
MANAGER'S REPORT:
(1) Further concerning the airport, Mr. Minor reported that the Dedica-
tion Ceremony will be held on October 15th at 3:00 p.m.
2 Loudoun Countyhas imposed an increase of $1.00 per yard for de-
positing
P
positing refuse at the landfill. This has been worked out based on the refuse
contract - it will amount to about a $25,000 increase annually. Fortunately,
the budget for this fiscal year anticipates this increase, so it will not re-
quire a supplemental appropriation.
(3) The East Market Street landscape project has generated some discus-
sion concerning the site distance problem at Fort Evans Road and East Market
Street. EDAW, Inc. , the architect, was in town yesterday and met with some of
MINUTES OF SEPTEMBER 26, 1984 MEETING.
223
the staff to make a field check of that situation. Their recommendation is
that we reduce the elevation by another two feet. This work is already under-
way. They are confident that there will be no site distance problem after
this and the aesthetics will be preserved. In anticipation of what they have
experienced there, we are going to put up a "mock-up" of the entrance sign -
we are very excited about this. It will be an excellent addition to the East
Market Street area - it's a beautiful sign - but we don't want to invest a
sum of money in this facility and find it creates a traffic hazard.
(4) To date ten general contractors have picked up plans for the Sewage
Treatment Plant expansion project. We have distributed about 65 to 70 sets
of plans already - there is a lot of interest in that project.
(5) He echoed Mr. Kelley's comments concerning the Trade Fair and thanked
the councilmembers, those employees who helped and Marc Weiss who coordinated it.
Della Clark, Linda DeFranco, Nancy Fixx, Mary Mack, Barbara Markland and Marilynn
Simpson all helped.
(6) There has been a problem with some of the new councilmembers receiving
their Municipal League magazine. There will be plenty available at the confer-
ence and we will make sure they get one. He passed around the current one,
which has the article about Leesburg's award in the Effective Government cate-
gory for the annexation agreement.
N
N Mr. Tolbert added that Joe Trocino also worked the Trade Fair booth Sunday
W afternoon for a while. Mr. Bos commented that each person that works the booth
m gets a different set of questions. He suggested that those working pool the com-
ments - this might help sophisticate it even more the next time. Each one work-
Q ing might have some comments they would like to pass along.
Mr. Williams added that Sam Legard left some aerial photographs that gene-
rated some interest.
LEGISLATION:
' On motion of Mrs. Hill, seconded by Mr. Williams, the following ordinances
and resolutions were proposed and unanimously adopted as consent items:
84-0-41 - ORDINANCE - AMENDING CHAPTER 12.1, ARTICLE 7 OF THE TOWN CODE CONCERN-
ING RECRUITMENT AND SELECTION, TO INCLUDE THE TERM "OR
HANDICAP".
ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 12.1-19 of the Town Code is amended to read as
follows:
Sec. 12.1-19. Job Announcement Policy.
In order to attract an adequate number of candidates for present
and future anticipated vacancies and permit successful competition with
other employers, the Personnel Director will issue job announcements
and otherwise publicize vacancies through suth media as the Town Manager
may deem appropriate. The recruitment and selection of town personnel
and all personnel actions shall be made without regard to race, sex,
color, religion, national origin, political affiliation or handicap
and shall be based on objective measures of merit fitness. Publicity
for job vacancies shall be conducted for a sufficient period of time
to insure reasonable opportunities for persons to apply and be con-
sidered for employment.
11 SECTION II. Section 12.1-20 of the Town Code is amended to read as
follows:
Sec. 12.1-20. Application for employment.
(a) All applications for employment shall be made on forms pre-
scribed by the Personnel Director. Such forms shall require background
information to include training, experience and other pertinent informa-
tion. All applications must be signed. The Personnel Director may re-
quire proof of statements as he deems appropriate. Application forms
224 MINUTES OF SEPTEMBER 26, 1984 MEETING.
shall not elicit any information concerning race, politics, religion,
national origin or handicap. Such data may be obtained separately for
research purposes, but may not be used to discriminate nor as a condi-
tion of employment.
SECTION III. Section 12.1-21 of the Town Code is amended to read as fol-
lows:
Sec. 12.1-21. Selection Process.
(e) Physical Examinations Required.
(2) Appointees to the classified service shall pass a medical examina-
tion
given by a physician designated by the town, certifying that the indi-
vidual does not suffer from organic or disqualifying disease or mental or
physical defects which cannot be reasonably accommodated. Such certifica-
tion shall be required prior to the transfer from probationary to career
status. The costs for such examination shall be borne by the town.
SECTION IV. All prior ordinances and resolutions in conflict herewith are
repealed.
SECTION V. This ordinance shall be in effect upon its passage.
84-0-42 - ORDINANCE - AMENDING CHAPTER 12.1, ARTICLE 21 OF THE TOWN CODE CONCERNING
GRIEVANCE PROCEDURE TO INCLUDE ALL PERSONS.
ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 12.1-53 of the Town Code is amended to read as follows:
Sec. 12.1-53. Intent and Application.
(a) For the purposes of this grievance procedure, a grievance shall
be construed as a complaint or dispute by an employee relating to his or
her employment, including, but not necessarily limited to: (1) disci-
plinary
actions involving dismissals, demotions and suspensions; (2)
concerns regarding the application, meaning or interpretation of these
rules; (3) acts of reprisal as the result of utilization of the grievance
procedure; (4) complaints of discrimination on the basis of race, color,
creed or handicap; and (5) reprisal on the part of the town as a result
of an employee's participation in the grievance of another employee.
(b) Complaints are not grievable where they involve: (1) establish-
ment and revision of wages or salaries, position classifications or general
benefits; (2) work activity accepted by the employee as a condition of em-
ployment or work activity which may be reasonably expected to be a part
of the job content; (3) the contents of ordinances, these .rules or other
established procedures and regulations; (4) failure to promote except
where the employee can show established promotional policies or procedures
were not followed or applied fairly, (5) the methods, means and personnel
by which such work activities are to be carried on; or (6) discharge, lay-
, off or suspension from duties because of lack of work, reduction in work
force or job abolition.
(c) Questions of grievability shall be resolved by the Town Manager.
The grievant may appeal the decision of grievability made by the Town Mana-
ger to the Circuit Court for Loudoun County, which decision shall be final.
(d) This grievance procedure shall apply only to the following per-
sons, positions and categories of positions:
(1) Career service employees with the exception of the Clerk of
Council.
(2) Uniformed police officers except those who elect to resolve
grievances in accordance with Section 12.1-56:1 et seq. of
this article.
(3) Any citizen grievance based on alleged violation of federal,
state or local "handicapped discrimination" laws governed
by Sec. 12.1-54, (c) , (d) , (e) , (f) of Article 21.
MINUTES OF SEPTEMBER 26, 1984 MEETING.
225
SECTION II. All prior ordinances and resolutions in conflict herewith
are repealed.
SECTION III. This ordinance shall be in effect upon its passage.
84-0-43 - ORDINANCE - AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING THE
CLASSIFICATION PLAN.
WHEREAS, the Town Manager has proposed a reorganization of the responsi-
bilities, duties and title for the position of Assistant Town Manager for
Planning and Development and Deputy Town Manager; and
WHEREAS, these changes will lead to a more efficient delivery of the im-
portant public services of land development review and regulations, econo-
mic development and community development administration.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Section 12.1-10 of the Town Code, Classification of Town Em-
ployees by Occupation Group and Pay Grades, is amended to read as follows:
It Sec. 12.1-10. Classification of town employees by occupational groups and
pay grades.
WEmployees in the town service are classified in the following
CCI occupational groups and pay grades:
Q Occupational Pay
Groups Position Grade
Executive-Managerial Director of Zoning 19
" Director of Utility Plants 19
" " Director of Public Works 19
" " Director of Finance 20
" " Director of Engineering 20
' ,, Director of Planning, Zoning &
Development 20
1, Assistant to the Town Manager 19
Law Enforcement Parking Meter Attendant 5
" " Police Private 11
" " Private First Class 12
" " Corporal 13
" " Sergeant 14
" " Investigator 14
" Lieutenant 16
" " Chief of Police 19
Administrative Clerical Receptionist/Secretary 6
Secretary 7
" " Police Clerk 7
" " Accounting Clerk 7
" " Administrative Assistant 9
" " Executive Secretary 9
" " Accounting Supervisor 9
II " Administrative Assistant Planning 10
" " Clerk of Council 10
Supervisory Shop Superintendent 13
" Water Supply Superintendent 15
Street Superintendent 15
" Utility Lines Superintendent 15
" " WPCF Superintendent 15
Professional Assistant Engineer 15
Principal Planner 14
" Land Development Planner 12
Technical Utility Maintenance Assistant 7
Senior Equipment Operator 9
" Senior Meter Mechanic 9
" Water Supply Operator Assistant 7
Assistant Street Superintendent 10
WPCF or Water Operator A 11
" WOCF or Water Operator B 10
p MINUTES OF SEPTEMBER 26, 1984 MEETING.
22
v Occupational Pay
Groups Position Grade
Technical Asst. Utility Lines Superintendent 10
Asst. Water Supply Superintendent 12
Utility Plant Maintenance Foreman 12
Laboratory Chemist 12
Asst. WPCF Superintendent 12
Facility Inspector 14
Construction/Main-
tenance Laborer 5
Maintenance Person 7
Laborer part-time 4
Mechanic 8
SECTION II. All prior ordinances and resolutions in conflict herewith are
repealed.
SECTION III. This ordinance shall be in effect upon its passage.
84-161 - RESOLUTION - INITIATING AMENDMENT OF THE SUBDIVISION AND LAND DEVELOPMENT
REGULATIONS.
WHEREAS, administrative responsibility for the Subdivision and Land De-
velopment Regulations has been transferred from the Department of Engi-
neering to the Assistant Manager for Planning and Development; and
WHEREAS, amendment of the Leesburg Subdivision and Land Development Regu-
lations is necessary to eliminate conflicts between the regulations and
their administration:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Amendments to Sections 13-55, 13-56, 13-57, 13-58, 13-59,
13-60, 13-61, 13-63.1, 13-64, 13-65, 13-66, 13-67, 13-68, 13-69, 13-70,
13-71, 13-77, 13-86, 13-88, 13-89, 13-90, 13-91, 13-93, 13-97 amd 13-99
of Article IV, Subdivision and Land Development, Chapter 13 of the Town
Code are initiated to read as follows:
Sec: 13-55. Preappl,ication procedure.. . , .
Prior to submission of a preliminary plat, the applicant should meet
with the Land Development Official to present a concept plan of the pro-
posed subdivision and to participate in an informal conference regarding
plans for development; however, representations concerning plans do not
bind the Commission or the subdivider.
Sec:_13-56. Filing of preliminary subdivision plat.
Following the pre-application conference, the applicant shall sub-
mit a preliminary plat and application for approval of the proposed subdi-
vision to the Land Development Official as set out below:
(a) Three copies of an application for preliminary plat approval in a
form approved by the Land Development Official shall be submitted at least
21 days prior to the Commission meeting at which first consideration is de-
sired.
(b) Twenty-two copies each of the preliminary plat shall be submitted
with the application.
(c) The applicant shall pay the fee required for filing preliminary
plats when the application is submitted.
Sec. 13-57. Approval of preliminary subdivision plat.
(a) The Land Development Official shall review the application and
preliminary plat of the proposed subdivision. One copy each of the plat
shall be delivered to the Zoning Administrator, Director of Engineering,
Loudoun County Director of Health, Loudoun County Superintendent of Schools;
MINUTES OF SEPTEMBER 26, 1984 MEETING.
227
and the Leesburg Board of Architectural Review (when applicable) .
Seven copies of each plat shall be delivered to the Loudoun County
Department of Planning, Zoning and Community Development to be dis-
tributed as follows: Parks and Recreation (one copy; Loudoun County
Engineer (one copy) ; Department of Natural Resources (two copies) ;
Fire Marshal (one copy; Zoning (one copy; Planning (one copy) and
three copies shall be delivered to the Virginia Department of Highways
and Transportation. The Official shall report in writing corrections
or additions deemed necessary by him and other officials or agencies
interested in the application to the Commission and to the applicant
prior to the Commission's first consideration of the application. The
Commission shall act to approve, conditionally approve or disapprove
the application and preliminary plat within 45 days from the date the
application was first considered.
(b) Approval of an application and preliminary plat shall be
valid for one year from the date of Commission action and may be ex-
tended by the Commission upon application. The Commission may grant
conditional approval of an application and preliminary plat if correc-
tions or additions to the application or plat are needed and the appli-
cant agrees to make the corrections or additions required by the Commis-
sion. Conditionally approved applications and plats are valid for one
E year from the date the applicant submits the required number of docu-
r— ments to the Land Development Official with all corrections or additions
N made. The Land Development Official shall return to the applicant one
W copy of each of the Commission approved application and preliminary plat
CD within 14 days of approval.
Q (c) The Land Development Official shall return to the applicant
one copy each of an application and preliminary plat which has been
disapproved by the Commission noted with the reasons for the disapproval
and non-conformance with this article. The applicant shall be advised
of the date for second or subsequent consideration by the Commission and
shall submit additions or corrections to the application and plat to the
Land Development Official at least seven days prior to the date specified.
. (d) Preliminary plat approval does not authorize construction of im-
provements within the subdivision or development.
Sec. 13-53. Filing of final subdivision plat.
An application for approval of a final plat of a proposed subdivision
shall be submitted to the Land Development Official as set out below:
(a) Three copies of an application for final plat approval in a form
as approved by the Land Development Official shall be submitted at least
21 days prior to the Commission meeting at which first consideration is
desired.
(b) No change
(c) No change
(d) No change
Sec. 13-59. Approval of final subdivision plat.
The Land Development Official shall review the application, final plat
and construction plans of the proposed subdivisions and shall report in
writing corrections or additions deemed necessary by him or other offi-
cials or agencies interested in the application for compliance with this
article to the Commission, Council and applicant prior to the Commission's
first consideration of the application.
(a) The Commission shall act to approve, conditionally approve or
dispprove the application and final plat within 60 days from the date
the application was first received by the Land Development Official.
The Commission may grant conditional approval of an application and final
plat if corrections or additions thereto are needed and the applicant
agrees to make the corrections or additions required by the Commission.
MINUTES OF SEPTEMBER 26, 1984 MEETING.
228
Conditionally approved applications and final plats are approved when
the applicant submits the required number of documents to the Land De-
velopment Official with all corrections or additions made.
(b) No change
(c) The Land Development Official shall return to the applicant
one copy each of the approved application, final plat and construction
plans within 14 days of approval.
The Land Development Official shall return to the applicant
one copy each of an application and final plat which has been disap-
proved by the Commission noted with the reasons for the disapproval
and non-conformance with this article. The applicant shall be advised
of the date for a second or subsequent consideration which shall be
within 35 days of the date the additions or corrections to the appli-
cation and plat are submitted to the Land Development Official.
Sec. 13-60. Recording of final subdivision plat.
Delete Director of Engineering; insert Land Development Official.
Sec. 13-61. Required contents of subdivision plats.
Delete Director of Engineering; insert Land Development Official.
Sec. 13-63.1. Adjustment of boundary lines.
Delete Director of Engineering; insert Land Development Official.
Sec. 13-64. Land development, generally.
Delete Director of Engineering; insert Land Development Official.
Sec. 13-65. Preapplication procedure.
Delete Directors of Engineering and Community Development; insert
Land Development Official.
Sec. 13-66. Filing of preliminary development plan.
Delete Director of Engineering; insert Land Development Official;
delete Fifteen; insert Twenty-two.
Sec. 13-67. Approval of preliminary development plan.
(a) The Land Development Official shall review the application and
preliminary plan of the proposed development. One copy each of the pre-
liminary plan shall be delivered to the Zoning Administrator, Director
of Engineering, Loudoun County Director of Health, Loudoun County Superin-
tendent of Schools and the Leesburg Board of Architectural Review (when
applicable) . Seven copies of each plan shall be delivered to the Loudoun
County Department of Planning and Community Development to be distributed
as follows: Parks and Recreation (one copy) ; Loudoun County Engineer (one
copy) ; Department of Natural Resources (two copies) ; Fire Marshal (one
copy) ; Zoning (one copy) ; Planning (one copy) and three copies to the
Virginia Department of Highways and Transportation. He shall report in
writing corrections or additions deemed necessary by him and other offi-
cials or agencies interested in the application to the Commission and to
the applicant prior to the Commission's first consideration of the appli-
cation. The Commission shall act to approve, conditionally approve or
disapprove the application and preliminary plan within 45 days from the
date the application was first considered.
(b) Delete Director of Engineering; insert Land Development Official.
(c) Delete Director of Engineering; insert Land Development Official.
(d) No change.
I'
MINUTES OF SEPTEMBER 26, 1984 MEETING. 2 2 9
Sec. 13-68. Filing of final development plan. Gr 7
An application for approval of a final plan of a proposed develop-
ment shall be submitted to the Land Development Official as set out be-
low:
(a) Delete Director of Engineering; insert Land Development Offi-
cial.
(b) No change.
(c) No change.
(d) No change.
Sec. 13-69. Approval of final development plans.
The Land Development Official shall review the application and final
plan of the proposed development and shall in writing report corrections
or additions deemed necessary by him or other officials or agencies inter-
ested in the application for compliance with this article to the Commis-
sion, Council and applicant prior to the Commission's first consideration
of the application.
N (a) Delete Director of Engineering; insert Land Development Official.
m (b) Delete Director of Engineering; insert Land Development Official.
Q (c) Delete Director of Engineering; insert Land Development Official.
The Land Development Official shall return to the applicant one
copy each of an application and final plan which has been disapproved by
the Commission noted with the reasons for the disapproval and non-con-
formance with this article. The applicant shall be advised of the date
for a second or subsequent consideration which shall be within 35 days
of the date the additions or corrections to the application and plan
are submitted to the Land Development Official.
Sec. 13-70. Required contents of preliminary development plans.
Delete Director of Engineering; insert Land Development Official.
Sec. 13-71. Required contents of final development plans .
Delete Director of Engineering; insert Land Development Official.
Sec. 13-77. General.
(a) Delete Director of Engineering; insert Land Development Official.
(b) No change.
Sec. 13-86. Lands.aping and Tree Cover.
Delete Director of Engineering; insert Land Development Official.
Sec. 13-88. Street Lights.
Delete Director of Engineering; insert Land Development Official.
Sec. 13-89. Land Development Official.
Delete Director of Engineering; insert Land Development Official.
1 Sec. 13-90. Commission.
Delete Director of Engineering; insert Land Development Official.
Sec. 13-91. Variances.
Delete Director of Engineering; insert Land Development Official.
MINUTES OF SEPTEMBER 26, 1984 MEETING.
230
Sec. 13-93. Procedure for posting performance bond, partial and
complete release of performance bond.
(a) Delete Director of Engineering; insert Land Development Official.
(b) (2) Delete Director of Engineering; insert Land Development Of-
ficial.
Sec. 13-97. Required approvals of final plan and final plat.
Delete Director of Engineering; insert Land Development Official.
Sec. 13-99. Definitions and rules of construction.
(c) As used in this article, the following terms or words shall
have the meanings given below:
"Land Development Official" shall mean the Town Manager or his desig-
nee.
SECTION II. A public hearing at which persons affected or interested in
the amendments proposed above may appear and present their views shall
be held beginning at 7:30 p.m. or as soon thereafter as the matter may
be reached, on October 24, 1984 in the Council Chambers, 10 Loudoun
Street, S.W. , Leesburg, Virginia. This hearing shall be a joint public
hearing of both Planning Commission and Council, as provided in Section
15.1-431 of the Code of Virginia, as amended. The clerk shall give no-
tice of this hearing and the Council's intention to adopt the amend-
ments on October 4, 1984 and October 11, 1984 and advise the Planning
Commission of the purpose, time and date of the hearing.
84-162 - RESOLUTION - EXTENDING THE PRELIMINARY PLAT APPROVAL OF FOXRIDGE SUBDI-
VISION.
WHEREAS, the preliminary plat of Foxridge Subdivision was approved on
October 2, 1981, and this approval was extended on September 2, 1982,
and again on September 1, 1983 to September 30, 1984 by the Leesburg
Planning Commission; and
WHEREAS, the Town Council now has jurisdiction for approval of all
plats of cluster subdivisions; and
WHEREAS, the Subdivision and Land Development Regulations provide
that preliminary plat approvals are valid for one year and may be
extended; and
WHEREAS, Council approved the final plat for Phase I, Section I, Fox-
ridge Subdivision for 20 units on September 12, 1984:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The approval for the preliminary plat of Foxridge Subdivision is ex-
tended to October 30, 1985.
84-163 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARAN-
TEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR PLAZA
COURT 1, LOT THREE.
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 Leesburg Plaza Development Investment Association of
Vienna, Virginia for installation of public improvements shown on a
plat approved by the Planning Commission and Director of Engineering
for Plaza Court 1, Lot Three.
SECTION II. A performance guarantee is approved in the amount of $4,438.50
for installation of public improvements shown on plans approved by the Di-
rector of Engineering for Plaza Court 1, Lot Three.
MINUTES OF SEPTEMBER 26, 1984 MEETING. 2 at
SECTION III. This resolution is conditioned upon review and approval
of the agreement and performance guarantee by the Town Attorney.
84-164 - RESOLUTION - AUTHORIZING AN AGREEMENT APPROVING A PERFORMANCE GUARANTEE
FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND WATER AND
SEWER EXTENSION PERMITS FOR LEESBURG STATION, SECTION II.
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 Leesburg Station, Section II of Leesburg, Virginia
for installation of public improvements shown on a plat prepared by
Kidde Consultants, and approved by the Planning Commission and Director
of Engineering for Leesburg Station, Section II.
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 is approved in the amount of
$267,172.40 for installation of public improvements shown on plans ap-
proved by the Director of Engineering for Leesburg Station, Section II.
r- SECTION IV. The manager shall execute on behalf of the town such water,
N sewer and storm water easements as necessary to allow public improvement
installation for this subdivision.
i W
CO SECTION V. This resolution is conditioned upon review and approval of
Q the agreement and performance guarantee by the Town Attorney.
84-165 - RESOLUTION - AUTHORIZING THE MANAGER TO EXECUTE DEEDS AND LAND EXCHANGE
INSTRUMENTS.
WHEREAS, the town received a $1. 35 million dollar community development
block grant to carry out development and redevelopment activities in
the South Harrison Street neighborhood; and
WHEREAS, the town acquired the VEPCO tract as part of its redevelopment
effort; and
WHEREAS, the town and James H. McKimmey own land on opposite sides of the
North Branch drainage channel which they desire to exchange; and
WHEREAS, the value of the town's land is greater than the value of
McKimmey's land:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The mayor shall execute on behalf of the town such deeds and
land exchange instruments, in a form approved by the town attorney, to
effect the land exchange between James H. McKimmey and the town as shown
on a plat to be prepared by Bengtson, DeBell, Elkin & Titus.
SECTION II. James H. McKimmey agrees to pay the town $2,385 as part of
the exchange described above.
84-166 - RESOLUTION - AUTHORIZING THE MANAGER TO EXECUTE A MEMORANDUM OF UNDER-
STANDING.
WHEREAS, the town received a 1.35 million dollar community development
block grant to carry out development and redevelopment activities in
the South Harrison Street neighborhood; and
WHEREAS, acquisition and redevelopment of the VEPCO tract was a major
component of the town's community development program; and
WHEREAS, the town issued a development prospectus in May, 1984 and adver-
tised its availability in the Washington Post business section and Loud-
oun Times-Mirror; and
232 MINUTES OF SEPTEMBER 26, 1984 MEETING.
WHEREAS, Market Square Associates , Inc. submitted a development proposal
on May 15, 1984; and
WHEREAS, the Council awarded exclusive negotiating rights to Market
Square Associates, Inc. and appointed a negotiating committee; and
WHEREAS, the negotiating committee and Market Square Associates, Inc.
met several times to discuss the proposal submitted; and
WHEREAS, the negotiating committee and Market Square Associates, Inc.
1111
have reached general agreement on the principles for development of
the VEPCO tract:
THEREFORE, RESOLVED by the Town Council of the Town of Leesburg in
Virginia as follows:
SECTION I. The town manager is authorized and directed to execute a
memorandum of understanding dated September 18, 1984.
SECTION II. The memorandum of understanding sets out general principles
for sale and development of the VEPCO tract and is intended to lead to
a binding agreement to be executed by both parties .
Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
84-167 - RESOLUTION - APPROVING THE FINAL PLAT OF OAKVIEW SUBDIVISION.
On motion of Mrs. Hill, seconded by Mr. Bos, the following resolution
was proposed:
WHEREAS, the Town Council has the authority to approve cluster subdivi-
sions under Section 13-59(e) of the Subdivision and Land Development Regu-
lations; and
WHEREAS, the developer has submitted a revised plat showing additional
off-street parking as requested by Council; and
WHEREAS, the final plat substantially conforms to the preliminary plat
approved by the Planning Commission on January 5, 1984:
THEREFORE, RESOLVED by the Town Council of the Town of Leesburg in Vir
ginia as follows:
SECTION I. The requirements of Section 13-75(c) of the Subdivision and
Land Development Regulations are waived.
SECTION II. The final plat of Oakview Subdivision is approved.
Mr. Williams commented that the Planning Commission rejected this subdivision,
stating that this subdivision does not meet the required specifications for
streets. The Town Attorney's memo of August 7, 1984 stated that areas desig-
nated as private streets was incorrect and these areas were driveways or ac-
cessways, as defined in Section 15.1-19 of the Zoning Ordinance. These lots
do not abut a public or private street. That was the reason the Planning Com-
mission rejected it. Mr. Bos commented that the Planning Commission inter-
preted that incorrectly. The resolution was unanimously adopted:
Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
84-168 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH PATTON, HARRIS, RUST &
ASSOCIATES FOR PROFESSIONAL ENGINEERING SERVICES.
On motion of Mrs. Hill, seconded by Mr. Williams, the following resolu-
tion was proposed:
WHEREAS, certain development applications require the assistance of a
professional engineer for the review and approval of construction draw-
ings and other related services; and
MINUTES OF SEPTEMBER 26, 1984 MEETING. 9
WHEREAS, the Leesburg office of Patton, Harris, Rust & Associates is t7
familiar with Leesburg's construction standards; and
WHEREAS, Patton, Harris , Rust & Associates has submitted a proposal dated
September 13, 1984 to provide these services:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows :
An appropriation is made from the General Fund to Account No. 3401.300,
Contractual Services, in the amount of $3,500 for the fiscal year end-
' ing June 30, 1985.
Mr. Bos commented tha hhthey are a good company with a good reputation. Mr. Bowers
has recently gone wittl They are here in town now. Mayor Sevila agreed, they are
an excellent engineering firm, with a State-wide reputation. The resolution was
unanimously adopted:
Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
st 84-169 - RESOLUTION - AUTHORIZING A CONTRACT WITH MOORE, CLEMENS & COMPANY FOR
PROPERTY AND CASUALTY INSURANCE.
WOn motion of Mrs. Hill, seconded by Mr. Kelley, the following resolution
m was proposed and unanimously adopted:
Q WHEREAS, the town's insurance consultants, Industrial Insurance Management
Corporation, have prepared specifications for property and casualty insur-
ance under the competitive negotiation procedures of the town's Purchasing
Manual; and
WHEREAS, the Industrial Insurance Management Corporation has evaluated the
three proposals received; and
WHEREAS, Industrial Insurance Management Corporation recommends acceptance
of the low bid submitted by Moore, Clemens & Company of Leesburg, Virginia:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The manager shall execute a contract with Moore, Clemens & Company for
property and casualty insurance in accordance with the town's specifica-
tions issued August 22, 1984 and the Moore, Clemens & Company bid re-
ceived September 17, 1984 in the amount of $43,544.97.
The insurance coverages shall include a property deductible of $1,000,
an umbrella liability limit in the amount of $5,000,000, exclude rental
income coverage and exclude extra expense coverage. The premium and
coverages are subject to negotiated renewal at the option of the town
on July 1, 1985 and/or July 1, 1986.
Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
84-170 - RESOLUTION - AUTHORIZING THE PURCHASE OF A STAFF CAR FOR USE BY THE TOWN
MANAGER.
On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution
was proposed and unanimously adopted:
WHEREAS, this Council desires to provide a staff car to the town manager
for his business use in lieu of a car allowance; and
WHEREAS, a Plymouth Reliant 4-door sedan for the price of $8100 was sub-
mitted by Earl Bell's Leesburg Chrysler Plymouth Datson which has been
determined to be the best bid.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
234 MINUTES OF SEPTEMBER 26, 1984 MEETING.
SECTION I. The manager is authorized to purchase a Plymouth Reliant
4-door sedan from Earl Bell's Leesburg Chrysler Plymouth Datsun in the
amount of $8100.
SECTION II. An appropriation is made from the General Fund to Account
No. 1201.701, Automotive Equipment, in the amount of $8100 for the fis-
cal year ending June 30, 1985.
SECTION III. The appropriation to Account No. 1201.551, Auto Allowance,
in the amount of $3600 is deleted from the General Fund for fiscal year
ending June 30, 1985.
Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
84-171 - RESOLUTION - MAKING AN APPROPRIATION FOR DESIGN SERVICES FOR THE SOUTH
HARRISON STREET PARKING LOT.
On motion of Mr. Bos, seconded by Mr. Tolbert, the following resolution was
proposed and unanimously adopted:
WHEREAS, the Town of Leesburg received a 1.35 million dollar community de-
velopment block grant; and
WHEREAS, the town entered into a deed of lease and development agreement
with Market Square Associates on October 13, 1983; and
WHEREAS, the development agreement required the town to construct a park-
ing lot at the north end of the VEPCO tract; and
WHEREAS, three proposals for design of the parking lot were received by
the town; and
WHEREAS, Patton, Harris, Rust & Associates submitted the lowest quali-
fied bid:
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 two, unappropriated fund balance, to account number 9200.705,
parking lot, in the amount of $8,000.
Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
84-172 - RESOLUTION - MAKING AN APPROPRIATION FOR DESIGN SERVICES FOR THE SOUTH
HARRISON STREET NEIGHBORHOOD PARK.
On motion of Mrs. Hill, seconded by Mr. Kelley, the following resolution was
proposed:
WHEREAS, the Town of Leesburg received a $1.35 million community develop-
ment block grant; and
WHEREAS, construction of a neighborhood park is an element of this com-
munity development program; and
WHEREAS, the town issued a request for proposals on August 15, 1984; and
WHEREAS, three proposals were received; and
WHEREAS, Earth Design Associates submitted an outstanding proposal:
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 9300.703,
Park, in the amount of $8,000.
MINUTES OF SEPTEMBER 26, 1984 MEETING.
235
Mayor Sevila asked if the town has had experience in the past with Earth
Design? Mr. Minor replied that they did the site selection study on this proj-
ect, as well as the actual design of the Park itself. Mr. Kelley added that
all comments were that they were very capable. Mayor Sevila said they received
a national award from HUD for the Plaza Street Park. The resolution was unani-
mously adopted:
Aye: Councilmembers Bos, Hill, Kelley, Tolbert, .Williams and Mayor
Sevila.
Nay: None.
t 84-173 - RESOLUTION - MAKING AN APPROPRIATION FOR A BACKHOE.
On motion of Mrs. Hill, seconded by Mr. Kelley, the following resolution
was proposed:
WHEREAS, bids were requested for the purchase of a four-wheel drive back-
, hoe loader; and
WHEREAS, the lowest and best bid was by Vernon E. Stup Company of Frede-
rick, Maryland:
Cr THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
N as follows :
WSECTION I. The town manager shall purchase a four-wheel drive backhoe
CO loader from Vernon E. Stup Co. for a price not to exceed $31,600.
Q SECTION II. An appropriation is made from the general fund to account
number 5100.711 in the amount of $31,600 for FY 1985.
Mr. Bos asked if the committee discussed the life of this loader? Mr. Kelley re-
plied that it was discussed. The two bidders were so far apart - they were bid-
ding the same machinery, but one was giving more of a trade-in than the other.
The resolution was unanimously adopted:
Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
84-174 - RESOLUTION - MAKING AN APPROPRIATION FOR ROUTE 7 EAST.
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:
An appropriation is made from the General Fund, unappropriated fund bal-
ance, to Account No. 4102.704, Route 7 East (VDH&T) , in the amount of
$2,692.64.
Mr. Minor explained that this is the last invoice for our share of the Route 7
(East Market Street) project. The resolution was unanimously adopted:
Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
84-175 - RESOLUTION - RELEASING DEED OF TRUST FOR CATOCTIN CIRCLE INDUSTRIAL PARK.
On motion of Mrs. Hill, seconded by Mr. Kelley, the following resolution
was proposed:
WHEREAS, SRL Properties, Inc. has requested release of the deed of trust
recorded in Deed Book 763, Page 157 , wherein five (5) lots in Catoctin
Circle Industrial Park, Leesburg, Loudoun County, Virginia were conveyed
to George M. Martin, Trustee to secure the bond executed by SRL Proper-
ties, Inc. as guarantee to insure the installation of a storm sewer fa-
cility; and
MINUTES OF SEPTEMBER 26, 1984 MEETING.
236
WHEREAS, the Department of Engineering has advised the Council that the
required physical improvements were installed and approved over two
years ago and that a maintenance bond is not required.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I. George M. Martin, Trustee, is authorized to execute an appro-
priate deed of release of said deed of trust and the mayor is hereby au-
thorized to execute the deed of release on behalf of the Town of Leesburg.
SECTION II. The requirement for a maintenance bond is waived.
Mr. Martin explained that the storm drainage was completed two and a half years
ago - that is incorporated into this resolution. They are entitled to a Deed of
Release. They supported the bond, rather than putting up a surety company -
there was no risk involved. Mr. Bos asked Mr. Ottinger (representing Mr. Lipscomb)
if they were going to develop those lots on Catoctin Circle? Mr. Ottinger replied
that they are working with the people across the road for a drainpipe. They got
the easement, but not quickly enough - not before the new flood plain regulations
were adopted. They hope to develop those lots. The resolution was unanimously
adopted:
Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
84-176 - RESOLUTION - APPOINTING SET-OFF DEBT COORDINATOR.
On motion of Mrs . Hill, seconded by Mr. Bos, the following resolution was
proposed:
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager is authorized and directed to appoint Marilynn Simpson
as Set-Off Debt Coordinator under the Set-Off Debt Collection Act, Sec-
tion
58-19.6 through 58-19.21 of the Code of Virginia (1950) , as amended.
Mr. Minor explained that Nancy Fixx and Marilynn Simpson attended a training
session last week on this topic and reported that this needs to be done - it may
not be a requirement, but it can' t hurt anything, so we are asking for Council
authorization. Mayor Sevila added that the town will be the beneficiary of this
new legislation authorizing this procedure for virtually all municipal taxes and
assessments. The resolution was unanimously adopted:
Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
On motion of Mr. Tolbert, seconded by Mr. Bos, 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:
Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
The meeting was reconvened by the Mayor, who stated that no action was taken
in the executive session.
On motion of Mrs . Hill, seconded by Mr. Tolbert, the meeting was adjourned.
Mayor
Clerk of the Council