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HomeMy Public PortalAbout1984_11_14 269 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARINGS ON SUBDIVISION ORDINANCE AMENDMENT RE 3(b) LAND SURVEYORS AND ZM-50 (FORT BEAUREGARD ASSOCIATES) , NOVEMBER 14, 1984. A regular meeting of the Leesburg Town Council was held on November 14, 1984 at 7:30 p.m. in the Council Chambers 10 Loudoun Street, S.W. , Leesburg, Virginia. The meeting was called to order by the Mayor, with the invocation given by Mr. Tolbert, and followed with the Salute to the Flag led by Chief James Kidwell. 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 Town Manager Jeffrey H. Minor, Director of Finance Paul York, Director of Planning and Development Martha Semmes, Acting Zoning Administrator Mark Nelis, Director of Utility Plants Randolph W. Shoemaker, Assistant Director of Engineering Mohammed Alam, Police Chief James M. Kid- well and Town Attorney George M. Martin. PROCLAMATION RE "AMERICAN EDUCATION WEEK' Members of the fourth grade class from Leesburg Elementary School recited a Proclamation concerning American Education Week. On motion of Mr. Williams, seconded by Mr. Tolbert, that Proclamation was unanimously adopted, reading as follows: WHEREAS, Loudoun citizens can be justifiably proud of the academic accomplishments of Loudoun students as compared with their peers throughout the state and the nation, and WHEREAS, continued success of Loudoun's Public Schools depends, in the largest measure, on strong community commitment to providing the best education available to the County's youth, and WHEREAS, a citizenry which is informed about the crucial issues facing education today is best equipped to provide leadership and support for continued excellence in local education; NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Lees- burg, Virginia that: November 12-16, 1984, which is AMERICAN EDUCATION WEEK throughout the nation, be so designated in Leesburg, Virginia as a time for all citizens to reaffirm their commitment to public education in Loudoun by: Visiting their local schools to gain first hand knowledge of the programs which are helping to shape the futures of our youngsters, our County and our Nation, and Contributing their time and their talents to help make the Loudoun County Public Schools even better. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. Mayor Sevila presented the signed proclamation to these children and repeated the invitation to have lunch at their school during this week. PRESENTATION OF CERTIFICATES OF COMMENDATION TO POLICE OFFICERS Mayor Sevila invited Chief James Kidwell to assist him in the presentation of these commendations. Chief Kidwell explained that Leesburg officers were in- vited to a competition at the firing range at Mt. Weather with approximately ten police departments participating. These officers came back with the awards: Officer Daniel A. Tavenner, with a perfect score of 510 Officers John H. Smith and Leonard C. Markland, with scores of 505 and 496 respectively Officer Kenneth M. Fleming made a display of patches from Police Departments all over the United States, as well as State Police patches - an outstanding job - this display ''is at the sub-station Corporal Jeff VanGilder, with the Crime Prevention Program - setting up neighborhood watches, making talks to children and taking "Mr. McGruff" to talk to the children - an outstanding job 270 MINUTES OF NOVEMBER 14, 1984 MEETING. Mayor Sevila congratulated all of these officers, relating to them a conversa- tion with the Director of the Police Academy, who said Leesburg's officers rank among the top since he has been at the Academy. PETITIONERS: Mr. Robert Haas, attorney representing Carradoc Hall Associates, requested authorization of agreement and approval of a performance bond for installation of public improvements for the Carradoc Hall Inn on Route 7. Acting Zoning Ad- ministrator Mark Nelis reported that the final plan has been finalized in the last several days and the estimate for public improvements has been checked by staff. The developers have offered bonds that have been reviewed by Town At- torney George Martin - they are prepared on the town's PC-2 and PC-3 forms. The developers are expecting Planning Commission approval tomorrow night and hoping to have a building permit within the next few days. Mr. Curry said the subdivision committee approved this yesterday evening - everything seemed to be in order for Planning Commission approval tomorrow night. 84-203 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR THE CARRADOC HALL DEVELOPMENT PLAN. On motion of Mrs . Hill, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute on behalf of the Town an agreement (Form PC-2) with Carradoc Hall Associates of Falls Church, Virginia, for installation of public improvements shown on the plans approved for the Carradoc Hall Development Plan. SECTION II. A performance bond in a form approved by the town attorney from Transamerica Insurance Company, Los Angeles, California, in the amount of $32,509 is approved as security to guarantee installation of public improvements shown on plans approved for the Carradoc Hall De- velopment Plan. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. PUBLIC HEARING ON PROPOSED AMENDMENTS TO SUBDIVISION ORDINANCE RE LICENSED 3(b) LAND SURVEYORS. A joint public hearing with the Leesburg Planning Commission concerning proposed amendments to the Subdivision and Land Development Regulations was held, with Planning Commission Chairman Lynnwood Lay and Members Marvin Belles, Jerry Pelkey and Henry Stowers present. Mr. Minor explained that this is Council- initiated legislation brought to our attention by Chamberlin and Wolford Asso- ciates - State law permits so-called licensed 3(b) land surveyors to pass a special Board examination to prepare site plans. There are some fairly com- plex limitations. This is mandated by State law - these licensed 3(b) surveyors have the right or authority to prepare these plans. We are merely bringing our legislation into conformance with State law. Mayor Sevila recalled that Dave Bowers had raised a question as to the specific language - he was concerned that we might be extending his power beyond that. Martha Semmes said his concern was that the state law included specifically the design of pressure hydraulic systems. Staff has included those exceptions in the proposed legislation Mr. Jeff Wolford said he has been in the surveying profession for 22 years and licensed for 15 - he knows of no other jurisdiction that does not allow this Mr. Bos said Leesburg is the only remaining jurisdiction in Northern Vir- ginia JI that does not allow this. Mr. Minor said this is the law and we should allow it. Mr. Lay, said the Planning Commission will consider this at its meeting tomorrow evening and should be able to provide a recommendation then. Mayor Sevila said this will be placed on the committee agendas for next week and on the November 28th Council meeting agenda. 271 MINUTES OF NOVEMBER 14, 1984 MEETING. PUBLIC HEARING ON ZM-50 - FORT BEAUREGARD ASSOCIATES. A public hearing was held on ZM-50, Fort Beauregard Associates, an appli- cation to rezone from County R-1 and Town R-2 to M-1. Acting Zoning Adminis- trator Mark Nelis advised that there was a report from the staff in last week's packet, to which he has added the Planning Commission's action last month and attached the draft proffers offered at the time and a letter from VDH&T - the staff report does outline the five major issues discussed, which are as follows: (1) Route 654 should be paved from the VDH&T residency office, should have curb and gutter, should be 26 to 30 feet wide and should be connected to Cardinal Park Drive. (2) If this rezoning is approved, the AADP's should be amended. (3) The staff believes the By-pass should be a lighted access road. The property line is more than 30 feet from the By-pass and the applicants say they have a 30-foot set-back. They have proffered not to have any sign visible from the By-pass. (4) The developer should eliminate higher intensity and undesirable com- mercial and industrial uses from the M-1 district - proffers should eliminate residential uses which are already prohibited. (5) The applicant should agree that this property can be rezoned in the future. These are the same proffers the Planning Commission considered. He had a meet- ing with Mr. Wagner and Mr. Butler regarding spending some of the funds for the connection of the two roads . Mr. Woodrow W. Turner, Jr. , representing the owners of the European- American Furniture Company and Establishment Forestier, a European company owning property nearby, advised that Mr. Mintjens, owner, bought this site recently - there will be a letter certifying this fact. He believed the ap- plicant will withdraw the pending R-1 zoning for the Fort Beauregard residen- tial area - Mr. Mintjens bought this tract because of its potential for ware- house space. The balance (approximately 100 acres) would be held for a prob- able residential area in the future. He has asked that one of the principals in NoVa Potomac Corporation assist in explaining the present situation and the particulars of the rezoning proposal. Mr. Marc Weiss of NoVa Potomac cited several reasons for zoning this tract for something other than residential uses, they being the existence of the creek, the By-pass (which is to be expanded to six lanes in the future) and the exist- ence of the highway residency office, kennels, the FAA, Cardinal Park (both commercial and industrial) and Leegate (which is to be industrial) all to the north of this tract. The proposed future road system would also argue for a use other than residential in this area - it would not be cost-effective to relocate the bridge. There were no objections from surrounding landowners at the Planning Commission hearing - the adjacent land is zoned PD-GI under County zoning. Access and transportation issues are important and this tract has good access to Route 7. Warehouses are a low-intensity use and are needed in Lees- burg, both for existing businesses and as a resource to attract new business. They are compatible with adjahing land uses, the existing zoning and the adopted comprehensive plan for the area. It is believed the AADP's allow this rezoning and approval by Council with- out amendment to them; also, it is believed that this rezoning is in conformance with the adopted Comprehensive Plan. There are proffers that address the appli- cant's burden concerning the transportation system, but there is also a town or public burden in terms of solving what is really a transportation problem for the entire area. There is money allocated for these improvements. The Planning Commission found that industrial use would be incompatible with surrounding uses - they (Nova Potomac) feel that a non-residential use would be in conformance with the existing land use in the area. Another point raised was the effect on the W&OD trail - a warehouse development would have much less effect than the existing traffic effect on the By-pass and such areas. Where a railroad runs through, it is usually an industrial area so that would not be a negative effect on the bike path. It was felt that the bike path should be buffered from such use, but he disagrees - if anything, uses are buf- fered from the By-pass - it may some day be in the middle of the town. 272 MINUTES OF NOVEMBER 14, 1984 MEETING. Mr. Curry asked if M-1 zoning would give more uses than are designated for the land north of there? Mr. Weiss said it would in its unaltered state, but it would not as they are proffering it . The applicant is willing to have this tract incorporated into the PD-GI district. Mr. Curry also asked if some other zoning would allow warehouses? Mr. Weiss said PD-GI would and they would be more than happy to accept that designation. Mrs. Hill under- stood that was only until 1990. Mr. Weiss said this is true - the reason being concern of higher intensity uses with the road system as it is, but when the road improvements are made other uses would be feasible. PD-GI would open up several other uses - manufacturing, commercial offices with a special exception. They would have to come back before Council if they wished to do this. They did proffer out certain uses in the M-1 district - those would remain out forever. Mrs. Hill noted that the proffer does not state who is making the prof- fer. Mr. Turner replied that he is Trustee for the owner - he represents Mr. Mintjens - the property will be settled on by the end of next month and he will notify Council at that time who the owner will be. They have inherited the pending rezoning and there are things that have not yet been discussed with the zoning committee. The questions raised tonight can most likely be worked out to Council's satisfaction. He was sure that Mr. Mintjens would not want to do anything to the bike path that would adversely impact it - he felt sure it could be buffered. To Mr. Curry's question concerning the rezoning, he said they would be willing to make additional proffers or to go with another zoning category - this is up to the council. As to the 1990 date, he felt this could be worked out, however, he would not want to ask a landowner to perpetually re- strict the use of his land, though they hope the road will be improved in six years. To Mayor Sevila's question, Mr. Turner said that the residential area could be separated by cul-de-sacs - no part of the Fort Beauregard tract is north of the creek, other than this one they are seeking rezoning for. As to the 30-foot right-of-way from the By-pass, Mr. Turner felt this should be restricted. There was further discussion concerning the possibility of send- ing this back to the Planning Commission, however, Mayor Sevila felt that this is a rezoning application with proffers. He felt it appropriate to refer this matter to Council's Finance and Administration Committee and perhaps refer it to Planning Commission if they feel it is necessary. The public hearing was closed. There was further discussion by councilmembers with regard to perhaps changing the zoning to PD-GI. Mr. Williams asked for an up-dated staff re- view for the Finance and Administration Committee to address the points made by Mr. Weiss. Mayor Sevila asked Mr. Nelis for this up-dated report, specifi- cally citing certain points he would like him to cover. Mr. Nelis said there is quite a difference in the PD-GI zoning from the M-1 zoning. This matter will be discussed further by the Finance and Administration Committee. COUNCILMEMBER'S COMMENTS. Mr. Bos commented that, concerning American Education Week, all three of his children have spent most of their school years in the Loudoun system and have received a great deal at a fairly moderate County cost - the last one is now a senior - he is very pleased with the County school system. Mr. Williams said he continues to receive telephone calls concerning the leaf pick-up - he understood the contractor has now developed a specific way to handle this operation. He asked Mr. Minor to elaborate on this. Mr. Minor said David Grayson has developed a lot of good will for the excellent job he has done on garbage and trash pick-up over the years and the Public Works De- partment has done the same for its leaf and brush pick-up. The call-in sys- tem has been terminated and he is going back to the quadrant system - an ad has been placed in the Loudoun Times-Mirror this week listing the days and areas of pick-up. Council saw some savings that a contracted service would provide vs. a force account operation and believes we have a good price from Grayson. There will be a substantial savings of $lY;.000 to $16,000 a year. It is hoped this will work out now - he will pick up on Saturdays what has not been picked up earlier in the week. Part of the confusion has been with what is Grayson's responsibility. The Public Works Department has raked those leaves along the curb and will continue to do so. It is hoped that next week when this new system starts there will be some improvement - next year should be a lot better. 273 MINUTES OF NOVEMBER 14, 1984 MEETING. Mr. Williams understood that marketing for cable was to have taken place in Country Club Subdivision during the month of November. Mrs. Hill, a member of the Cable Commission, advised that the cable company does not have con- verters at this time so they have not marketed the area - they expect a ship- ment this Friday and will start marketing as soon as these are received - hopefully, next week. Mr. Williams asked what kind of leverage the Commis- , sion has to go out and purchase additional converters if these do not come in? Mr. Minor recalled that Storer's contract provides for service in all annexation areas within two years. They are on record, via a voluntary letter, to provide service within a year. All through the last year, they have been in negotiation to sell their system, but they have constructed all of Leesburg Estates and Country Club Subdivision. The Cable Commission was very insistent at last night's meeting that there be some action on this. The system is un- deniably losing money. They are very much interested in selling, but they can't do that without Council approval. Mr. Williams reported that the taxpayers do not necessarily feel that our tax rate was very low. He has taken time to explain that Council worked diligently to hold the tax line and to address the items and to be sure we had an efficient government but, when it comes time to pay the tax bills, they remember that they are interested in why the tax rate is so high. Mr. Williams also welcomed our Town Attorney back, hoping his health will continue to improve. Mr. Curry reported the Planning Commission held a public hearing on Exeter Development preliminary plan. They have agreed to increase the school site from 10 to 20 acres and hope the School Board will accept this. They would also like to have 50,000 square feet for a commercial center, rather than 25,000 - the Planning Commission feels they should justify the need for it. The Commission also recommends that the Subdivision Ordinance be amended from Director of En- gineering to Land Development Official. The preliminary plat for Olde Town Condos was approved for Phase I. Mr. Adams asked why the traffic light at Ca- toctin Circle and Dry Mill Road had not been installed. ' Mayor Sevila reported that Mr. Adams had also asked him about the traffic light - he said we have a contract with the School Board to install it and felt it should be done. Mayor Sevila advised him that we don't have VDH&T certifi- cation. Mr. Adams feel the presence of the school on that corner constitutes a hazard. The staff feels it is probably a lot safer with the police patrol- ling it than it would be with a light. Mr. Minor advised that the light is bud- geted for this year. He has been talking with Mr. Fletcher of the School Board about this and they are considering designating a police officer to be there (out of his car) during the morning and afternoon hours - they feel that a live person to direct traffic is better than a mechanical device. We will do this. Mayor Sevila said he has been approached by residents in Carrvale concern- ing a four-way sign at Plaza and Marshall (they have crossing guards now) - their concern is that without the guard it would be virtually impossible for a child to make it across that 60-foot right-of-way. Mr. Minor has a work order on this and will check it out. Mr. Kelley reported that he was given a copy of the Northern Virginia data at the last NVPDC meeting - Mr. Minor has this material if anyone would like to have it. He found it very interesting. He attended the Economic Development Ad- visory Committee meeting this morning - Mr. Williams was there, as well as Martha Semmes from the staff. He believes we are much closer to certification than we had thought. Mr. Tolbert had received two unusual calls - one from a councilman regard- ing leaf collection - another from a State trooper wanting to know when they are going to get cable. Also, there will be an Open House at the Airport on Decem- ber 6th. The Airport Commission held its meeting there last week (at the new facilities) . MANAGER'S REPORT: (1) Mr. Minor reported that a new wastewater operator has been hired he is from the Purcellville plant. (2) With regard to recruitment for the three key positions, he is making good progress. He had two interviews this afternoon - one for Assistant Manager and one for Principal Planner. He will be interviewing another person in Florida. 274 MINUTES OF NOVEMBER 14, 1984 MEETING. He feels either of them will be good candidates - an appointment should be made within a week. He has interviewed five candidates for the Assistant Manager position and has one more he will interview on his return from vacation. He will have an appointment for that position the week of November 26th. Two of these are excellent candidates - one is from the Northern Virginia area and he has asked Council's views on location - he has essentially agreed to Council's terms. He has basically concluded interviews of all the candidates for Director of Engineering. He has generated dialogue with the City of Roa- noke and they have agreed to share some of their applications with us. He has contacted about 18 of the more respected engineering firms in the area and has sent out job announcements and other information. He has had one out- standing response from one who works in an Alexandria office now - he has done work for the town in the past. He indicated he will send a resume. He is basically trying now by word of mouth to flush out professionals in the area that might be interested in the position. We are building something for the next five to ten years, so our decisions will either be a blessing or will haunt us. (3) Twenty-one permits were issued today for Leesburg Station - the availability fees were $70,000, so we have now achieved 75 percent of our bud- geted figure. (4) He has had some conversation with Mr. Perry concerning the Foxridge agreement - he has indicated a willingness to schedule a closing on those land exchanges on Friday - it will be either Friday or the following week. The docu- ments have been reviewed by Boothe, Prichard and Dudley and George Martin will be at the closing. (5) Both divisions of the Public Works Department have done a lot of work in the Fairways Subdivision. We have contracted with Perry Engineering to do the sidewalk construction. Tri-County Asphalt will try to get in there late this week or next week - they are having trouble getting material for their plant. (6) Concerning the Environmental Assessment Report, a public hearing will be conducted by Campbell, McQueen and Parris on December 13th. (7) There is a brief memo re the Charter amendment process and one re- garding the Davis Avenue bridge work. Mayor Sevila declared a 10-minute recess. Council reconvened and continued the meeting with action on agenda items. On motion of Mrs. Hill, seconded by Mr. Bos, the following ordinances and resolutions were proposed and unanimously adopted as consent items: 84-0-47 - ORDINANCE - AMENDING ARTICLE IV, CHAPTER 13, SUBDIVISION AND LAND DE- VELOPMENT REGULATIONS OF THE TOWN CODE REGARDING LAND DEVELOPMENT OFFICIAL. WHEREAS, proposed amendments to Article IV, Subdivision and Land Develop- ment, Chapter 13, of the Town Code to revise regulations regarding the Land Development Official were initiated by the Council on September 26, 1984; and WHEREAS, a joint public hearing of Council and the Planning Commission on the proposed amendments was advertised and held on October 24, 1984, pursuant to Section 15. 1-431 of the Code of Virginia, as amended; and WHEREAS, the Planning Commission considered amendments to the Subdivision and Land Development Regulations regarding the Land Development Official; and WHEREAS, this Council finds that such revised regulations are required by the public necessity, convenience and general welfare; THEREFORE , ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. 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 and 13-99 of Article IV, Subdivision and Land Development, Chapter 13 of the Town Code are amended to read as follows: MINUTES OF NOVEMBER 14, 1984 MEETING. 275 Section 13-55. Preapplication procedure. Prior to submission of a preliminary plat, the applicant should meet with the DiLCLlurs of Engineering and Community Develupwent Land Development Official to present a concept plan of the proposed subdivision and to participate in an informal conference regarding plans for development; however, representations concerning plans do not bind the Commission or the subdivider. Section 13-56. Filing of preliminary subdivision plat. Following the pre-application conference, the applicant shall submit a pre- liminary plat and application for approval of the proposed subdivision to the Di.e..tor of L..gi..eoLIng Land Development Official as set out below: (a) Three copies of an application for preliminary plat approval in a form approved by the DiLectur of C..ginee«ng Land Development Official shall be sub- mitted at least 21 days prior to the Commission meeting at which first con- sideration is desired. (b) f+ftern Twenty-seven copies each of the preliminary plat shall be sub- mitted 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 trirectircrfrentirreertg 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 Community Dcvelopwc..t Engineering, Loudoun County Director of Health, Loudoun County Superintendent of Schools, Loudou.. Soil and Wate. CULSC. vatiou hoodoo.. County E..gi..ee. , and theLeesburg Board of Architectural Review (when applicable) and the Leesbu.g Fite Ma.sl.al. Seven copies of each plat shall be delivered to the Loudoun County Department of Planning Zoning 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 Marshall (one copy); Zoning (one copy); Planning (one copy) and three copies shall be delivered to the Virginia Department of Highways and Transportation. The Di.ei.tu. 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 extended by the Commission upon application. The Commission may grant conditional approval of an application and preliminary plat if corrections or additions to the application or plat are needed and the applicant agrees to make the corrections or additions required by the Commission. Conditionally approved applications and plats are valid for one year from the date the applicant submits the required number of documents to the Land Development Official with all correc- tions or additions made. The Land Development Official shall return to the applicant one copy each of the Commission approved applica- tion and preliminary plat within 14 days of approval. (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 Di.eLtu, oI 6ngiueeci..g 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. MINUTES OF NOVEMBER 14, 1984 MEETING. 276 Section 13-58. 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 D1LCLtur of C„siuecriug Land Development Official shall be sub- mitted at least 21 days prior to the Commission meeting at which first considera- tion is desired. (b) No change (c) No change (d) No change Section 13-59 Approval of final subdivision plat. The Land Development Official shall review the applica- tion, final plat and construction plans of the proposed subdivisions and shall report in writing corrections or additions deemed necessary by him or other officials 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 dis- approve the application and final plat within 45 60 days from the date the application was first Lu..side.LJ. 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. Conditionally approved applications and final plats are approved when the applicant submits the required number of documents to the Di.ec.tu. of CL.6izreering Land Development 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 DireLtur .,f C..6i..eeL j..g Land Development Official shall return to the applicant one copy each of an application and final plat which has been dis- approved 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 application and plat are submitted to the Land Development Official. Sec. 13-60. Recording of final subdivision plat. Delete ; insert Land Development Official. Sec. 13-61. Required contents of subdivision plats. Delete Director of C..gi..eeri..s; insert Land Development Official. Sec. 13-63. 1 Adjustment of Boundary Lines. Delete ; insert Land Development Official. Sec. 13-64. Land development, generally. Delete ; insert Land Development Official. Sec. 13-65. Preapplication procedure Delete DircLturs of C..6inecLiu6 a..1 Community Development, insert Land Development Official. MINUTES OF NOVEMBER 14, 1984 MEETING. 277 Sec. 13-66. Filing of preliminary development plan. Delete ; insert Land Development Official; delete Filtee.r: insert Twenty-seven. 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 preliminary plan shall be delivered to the Zoning Administrator, Di.eLtu. of Coumiunity Develup.ue..t Director of Engineering, Loudoun County Director of Health, Loudoun County Superintendent of Schools, Luuduu.. Suil dud Watc. Cv..— ..t. vatiou Distri..t, Loudou.. Cuunty E..giuee. and the Leesburg Board, of Architectural Review (when applicable) a..d tl.e Leesburg Fi.e MaLshal. 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 Marshall (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 officials or agencies interested in the application to the Commission and to the applicant prior to the Commission' s first con- sideration of the application. The Commission shall act to approve, con- ditionally approve, or disapprove the application and preliminary plan within 45 days from the date the application was first considered.., (b) Delete DireLtu. of E..6i..cc.i..g, insert Land Development Official. (c) Delete ; insert Land Development Official. (d) No change Sec. 13-68. Filing of final development plan. An application for approval of a final plan of a proposed development shall be submitted to the Land Development Official as set out below: (a) Delete ; insert Land Development Official. (b) No change (c) No change (d) No change Sec. 13-69. Approval of final development plans. The Land Development Official shall review the applica- tion and final plan of the proposed development and shall in writing report corrections or additions deemed necessary by him or other officials 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) Delete ; insert Land Development Official. (b) No change. (c) Delete ; 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 dis- approved 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 application and plan are submitted to the Land Development Official. Sec. 13-70. Required contents of preliminary development plans. Delete Di.cLtur of E..6i..eeri..6; insert Land Development Official. MINUTES OF NOVEMBER 14, 1984 MEETING. 278 Sec. 13-71 . Required contents of final development plans. Delete D1.c._tor of E..ginee. l..g; insert Land Development Official. Sec. 13-77. General. (a) Delete DiceLtu. of E..glneetiug; insert Land Development Official. (b) No change Sec. 13-86. Landscaping and Tree Cover. Delete ; insert Land Development Official. Sec. 13-88 Street Lights. Delete ; insert Land Development Official. Sec. 13-89. D1.eLtur of L..p1....,,. 1..g Land Development Official. Delete Di.e..tUr of L..g1..eeriug; insert Land Development Official. Sec. 13-90. Commission. Delete ; insert Land Development Official. Sec. 13-91 . Variances. Delete ; insert Land Development Official. Sec. 13-93. Procedure for posting performance bond, partial and complete release of performance bond. (a) Delete ; insert Land Development Official. (b) (2) Delete ; insert Land Development Official. Sec. 13-97. Required approvals of final plan and final plat. Delete ; 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 designee. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. 1 MINUTES OF NOVEMBER 14, 1984 MEETING. 84-0-48 - ORDINANCE - AMENDING ARTICLE II OF CHAPTER 2 OF THE TOWN CODE REGARDING 279 COUNCIL COMMITTEE MEETING TIMES. WHEREAS, this Council desires to change the meeting times of the committee meetings to insure more effective operation of these committees; THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 2-24 of the Town Code is amended to read as follows: Sec. 2-24. Standing committees 1 , The following standing committees of the council are created and I their respective areas of jurisdiction are established as shown: (a) Utility and public works committee. (1 ) Water and sewer systems. (2) Streets (3) Sidewalks. (4) Storm drains. 1 (5) Nonpolice vehicles and equipment. 1 (6) Rights-of-way and easements. (7) Utility and storm drainage master planning. (b) Finance and administration committee. ( 1) Appropriations. (2) Utility rates. (3) Business and professional licensing. (4) Taxes. (5) Personnel rules. (6) Police matters. (7) Airport matters. (8) Cable television. (9) Franchising. ( 10) Planning, zoning and subdivision matters. ( 11 ) Parking facilities. I ( 12) Public buildings. ( 13) Oversight Each committee shall consist of two members and a chairman. The members of each committee shall be appointed by the Council biannually. The committees shall select their own chairman. The Utility and Public Works Committee shall meet at 4.00 7:00 p.m. on the Monday of the week preceding each regular Council meeting in the conference room of the Council Chambers building or other place as agreed. The Finance and Administration Committee shall meet at 6-30 7:00 p.m. on the Tuesday of the week preceding each regular Council meeting in the con- ference room of the Council Chambers building or other place as agreed. At committee meetings the members shall review upcoming meeting agenda items, hear staff reports and take other non-legislative action as it deems appropriate. SECTION III. All prior ordinances and resolutions in conflict herewith are repealed. SECTION IV. This ordinance will be in effect upon its passage. 84-0-49 - ORDINANCE - AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING THE CLASSI- FICATION PLAN FOR THE PLANNING, ZONING AND DEVELOPMENT DE- PARTMENT. 1 I WHEREAS the elevation of the town' s part time Principal Planner to the position of Director of Planning, Zoning and Development has left a vacancy in this position; and WHEREAS, Leesburg' s classification plan provides for three full time pro- fessional planners; and WHEREAS, this Council, the Planning Commission and Town Manager require full time principal planner to assist with the large volume of land development applications, preparation of the town' s consolidated Zoning Ordinance, and comp- rehensive plan responsibility; MINUTES OF NOVEMBER 14, 1984 MEETING. 280 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 Employees by Occupation Group and Pay Grades is amended to read as follows: Sec. 12. 1-10. Classification of town employees by occupational groups and pay grades. Employees in the town service are classified in the following occupational groups and pay grades: Occupational Pay Groups Positions Grade Executive-Managerial +9 Zoning Administrator 16 " " Director Utility Plants 19 " " Director of Public Works 19 " " Director of Finance 20 iile Director of Engineering 20 Director of Planning, Zoning & Development 20 Assistant to the Town Manager 19 Law Enforcement Parking Meter Attendant 5 iiII Police Private 11 II " Private First Class 12 " " Corporal 13 ii " Sergeant 14 " " Investigator 14 " II Lieutenant 16 iiChief of Police 19 Administrative-Clerical Receptionist/Secretary 6 " " Secretary 7 " it Police Clerk 7 II " Accounting Clerk 7 " " Administrative Assistant 9 II " 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 Suprintendent 15 Professional Assistant Engineer 15 Principal Planner +4 16 Land Development Planner 12 Technical Utility Maintenance Assistant. 7 " Senior Equipment Operator 9 " Meter Mechanic 9 ri Water Supply Operator Assistant 7 " Assistant Street Superintendent 10 ,, WPCF or Water Operator A 11 " WPCF or Water Operator B 10 " Asst. Utility Lines Superintendent 10 " Asst. Water Supply Superintendent 12 " Utility Plant Maintenance Foreman 12 " Chemist 12 " Asst. WPCF Superintendent 12 " Facility Inspector 14 Construction/Maintenance Laborer 5 I pi " Maintenance Person 7 II " Laborer part-time 4 II " 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. MINUTES OF NOVEMBER 14, 1984 MEETING. 281 84-204 - RESOLUTION - REVISING THE NUMBER OF POSITIONS IN THE PLANNING, ZONING AND DEVELOPMENT DEPARTMENT. WHEREAS, the elevation of the town's part time Principal Planner to the position of Director of Planning, Zoning and Development has left a vacancy in this position; and WHEREAS, Leesburg's staffing plan for FY 1985 provides for three full- time professional planners; and WHEREAS, this Council, the Planning Commission and Town Manager require a full time principal planner to assist with the large volume of land development applications, preparation of the town's consolidated Zon- ing Ordinance- and comprehensive plan responsibility: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The positions in the Planning, Zoning and Development Department are revised to read as follows: Number of Full-time Equivalent Positions Authorized Employees Authorized PLANNING, ZONING AND DEVELOPMENT Director of Planning, Zoning and Development 1 Zoning Administrator Administrative Assistant 1 Principal Planner 1 Land Development Planner 1 Secretary 84-205 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR OLDE TOWNE CONDOMINIUMS, PHASE I. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute on behalf of the town an agreement (Form PC-2) with Leesburg A & A Inc. , Leesburg, Virginia, for installation of public improvements shown on the plans approved by the director of engineering for the Olde Towne Condominiums, Phase I on lands of Leesburg A & A Inc. , Leesburg, Virginia. SECTION II. The extension of municipal water and sewer works for Olde Towne Condominiums, Phase I is approved in accordance with Section 15-9 and 19-18 of the Town Code. SECTION III. An irrevocable bank letter of credit in a form approved by the town attorney from First American Bank in the amount of $75,392 is approved as security to guarantee installation of the public im- provements shown on plans approved for Olde Towne Condominiums, Phase I. 84-206 - RESOLUTION - RELEASING A PERFORMANCE BOND FOR THE NORTH STREET PARKING LOT. - WHEREAS, the Planning Commission approved a development plan for the North Street parking lot in March, 1984; and WHEREAS, on February 22, 1984, the Town Council approved a performance bond in the amount of $2,059 for the installation of public improvements; and WHEREAS, the Engineering Department has determined that the improvements have been completed in conformance with the approved development plan: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The cash performance bond offered by Perry Winston for the public improve- ments for the North King Street Parking Lot in the amount of $2,059 is re- leased. 282 MINUTES OF NOVEMBER 14, 1984 MEETING. 84-207 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE BOND FOR LEESBURG COUNTRY CLUB, SEC. 4. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for Leesburg Country Club, Sec. 4. SECTION II. A performance bond in the amount of $463,836 guaranteeing in- stallation of public improvements in accordance with plans approved by the Director of Engineering for the development of Leesburg Country Club, Sec. 4, is approved. 84-208 - RESOLUTION - VACATING AND ACCEPTING STORM SEWER EASEMENTS IN BROWN'S MEADOW SUBDIVISION. WHEREAS, Brownell, Inc. has proposed changes in the storm sewer facili- ties for Brown's Meadow Subdivision which require alteration of certain existing storm sewer easements; and WHEREAS, the proposed revisions will not adversely affect property with- in or without the subdivision: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is authorized to execute on behalf of the town deeds vacating storm sewer easements by and between Brownell, Inc. and the town dated December 29, 1980 and recorded in deed book 778 page 386 and in deed book 771 page 375 of the Loudoun County land records, pro- vided the new storm drainage easement plat prepared by Bengtson, DeBell, Elkin and Titus prepared 8/20/84 is recorded in the County of Loudoun. 84-209 - RESOLUTION - AUTHORIZING A LETTER AGREEMENT BETWEEN THE TOWN OF LEESBURG AND THE VIRGINIA BEEF CORPORATION FOR THE LEASE OF LAND AT LEESBURG AIRPORT. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to execute a letter agreement with the Virginia Beef Corporation for the lease of 20.7841. acres of land at Leesburg Airport exclusive of land needed to construct the north runway extension, for a period of one year at a rental fee of $1,000. 84-210 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF PAXTON MEMORIAL HOME FOR REVISION OF THE ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE CODE OF VIRGINIA, AS AMENDED. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application of Paxton Memorial Home for revision of the zoning dis- trict map from County R-1 to Town R-1, assigned No. ZM-57, is received and referred to the Planning Commission for public hearing and recommenda- tion under Chapter 11, Title 15.1 of the Code of Virginia, as amended. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-211 - RESOLUTION - ASSENTING TO A CONTRACT BY AND BETWEEN EASTERN AVIATION FUELS, INC. AND JANELLE AVIATION, INC. AND AUTHORIZING A FUEL CONCESSION AGREEMENT WITH JANELLE AVIATION, INC. On motion of Mrs . Hill, seconded by Mr. Bos, the following resolution was proposed: WHEREAS, Leesburg Airport's aviation gas fuel facilities were installed over twenty years ago and are inadequate to serve the needs of the air- port; and WHEREAS, Leesburg Airport's adopted master plan calls for the installation of jet fuel facilities; and MINUTES OF NOVEMBER 14, 1984 MEETING. 283 WHEREAS, Janelle Aviation has entered into a contract with Eastern Aviation Fuels, Inc. to provide these facilities in exchange for a rental fee of $0.07 per gallon on fuel purchased up to 600,000 gal- lons; and WHEREAS, this arrangement is the most economic way to provide a safe and modern fuel supply for Leesburg Municipal Airport: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir- ginia as follows: SECTION I. The manager is authorized and directed to execute, on be- half of the town, a statement assenting to the fuel installation agreement by and between Eastern Aviation Fuels, Inc. and Janelle Aviation, Inc. dated October 29, 1984 in a form approved by the Town Attorney. SECTION II. The manager is authorized and directed to execute an agree- ment on behalf of the town, with Janelle Aviation, Inc. containing the following terms and conditions : (a) A concession of $.02 per gallon on all aviation gas sold by ICt Janelle Aviation up to 600,000 gallons of combined aviation gas and jet fuel at which time the fuel flowage fee shall return to the cur- N rent rate of $0.04 per gallon sold; w (b) A $0.06 per gallon fee to the town for all jet fuel sold by CO Janelle Aviation, Inc. until 600,000 gallons of aviation fuel and jet fuel are sold at which time the rate payable to the town shall decrease to $0.04 per gallon; (c) A lease term of five years. Mr. Bos advised that Jim Haynes could not be present tonight. He appreciates the Council's cooperation and felt this an economical way to get the tanks in- ' stalled and get on with this project. Mayor Sevila called attention to a staff report concerning the feasibility of alternatives to this leasing arrangement. A very strong case is made in favor of this Eastern Aviation.arrangement. The resolution was unanimously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-212 - RESOLUTION - VACATING A PART OF THE EAST MARKET STREET RIGHT-OF-WAY. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, the Town Council by Resolution 34-106 accepted a 45-foot wide right-of-way from Bernard Carlton at the Goodyear Tire Store; and WHEREAS, the Planning Commission has considered several development plans along East Market Street during the past three months and recommended to the Town Council that a 40-foot fee simple dedication and a 5-foot area reserved for public street purposes be accepted: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The 45-foot dedication of right-of-way by Bernard Carlton for his property on East Market Street, commonly identified as the Good- year tract, is released. SECTION II. A 40-foot fee simple dedication for street purposes for this land is accepted. SECTION III. A Deed of Imposition of Restrictive Covenants as approved by the Town Attorney between Bernard Carlton and the Town of Leesburg for an additional 5-foot strip for this same tract is accepted. Mayor Sevila questioned the difference between the 45-foot right-of-way shown on the plat and the 40-foot dedication at this time. Mr. Nelis explained that we have a new plat showing a 40-foot dedication - the 45-foot right-of-way had 234 MINUTES OF NOVEMBER 14, 1984 MEETING. not been recorded. There is a 5-foot strip dedicated for public street pur- poses. The resolution was unanimously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-213 - RESOLUTION - MAKING AN APPOINTMENT TO THE LEESBURG AIRPORT COMMISSION. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, the Leesburg Airport Commission has unanimously endorsed the following appointment: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The following appointment is made to the Leesburg Airport Commission for the term indicated herein: H. DeWitt Ingram for a term expiring June 30, 1986. Mr. Williams concurred with this appointment but felt that any future appoint- ment should come from the business community in order to focus on the commer- cial development of the Airport. The resolution was unanimously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-214 - RESOLUTION - AUTHORIZING A CONTRACT FOR THE ACQUISITION OF A COPIER FOR THE MUNICIPAL OFFICE BUILDING. On motion of Mrs. Hill, seconded by Mr. Williams, the following resolution was proposed and unanimously adopted: WHEREAS, the Town of Leesburg has evaluated its present and future re- quirements for photocopier equipment; and WHEREAS, the town staff has met with vendor representatives and viewed various pieces of photocopying equipment in operation; and WHEREAS, following this staff evaluation, it is recommended that Xerox Model 1055 photocopier best fulfills the needs of the town; and WHEREAS, this purchase shall be considered "Sole Source Procurement" as provided for in the town's purchasing procedures; and WHEREAS, sufficient funds are available in Account No. 4600.302 to fund this acquisition in the fiscal year ending June 30, 1985: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized to enter into an agreement with•Xerox Corpora- tion for the purchase of a Model 1055 photocopier to be paid for in twenty-four consecutive monthly installments in the amount of $870.61 per month for a total cost of $20,894.64. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-215 - RESOLUTION - MAKING AN APPROPRIATION FOR THE VEPCO TRACT SALE. On motion of Mr. Williams , seconded by Mr. Tolbert, the following resolu- tion was proposed and unanimously adopted: 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 MINUTES OF NOVEMBER 14, 1984 MEETING. 285 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 residue of the VEPCO tract needs to be subdivided to pro- ceed with the development of the property; and WHEREAS, Market Square Associates has agreed to pay for one-half of the cost of subdividing the property; and WHEREAS, in :resolution 84-165 the Council authorized the sale of a par- cel of land to James H. McKimmey for $2,385.00; and WHEREAS, a boundary line adjustment is necessary to exchange and sell this property: 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 2, to account number 9200.700 land acquisition in the amount of $1,200.00 Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-216 - RESOLUTION - AUTHORIZING THE COMPLETION OF PUBLIC IMPROVEMENTS FOR PHASE I OF COUNTRY CLUB, SECTION IV. On motion of Mrs. Hill, seconded by Mr. Kelley, the following resolution was proposed: WHEREAS, the Town of Leesburg has through Resolution No. 84-197, ten- dered an agreement with Republic Insurance Corporation of Dallas, Texas to reimburse the town for all labor and materials required to fully complete all remaining improvements for Phase I of Country Club Section IV up to the amount of $85,674.10: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Revenue Account 85.15 entitled Insurance Recovery - Country Club IV Public Improvements in the estimated amount of $85,674.10 shall be established. SECTION II. An appropriation to remain in effect until the project is complete is made as follows: DESCRIPTION ACCOUNT CODE AMOUNT Personal Services Salaries and Wages 8500-101 $ 3,765.00 Overtime 8500-102 600.00 Fringe Benefits 8500-200 1,309.10 Total Personal Services $ 5,674.10 Operations and Maintenance Contractual Services 8500-300 $73,000.00 Materials and Supplies 8500-540 7,000.00 Total Operations and Maintenance 80,000.00 Total Country Club IV Public Improvements $85,674.10 Mr. Bos was pleased to get this improvement program funded and on the way. Mr. Minor's negotiation with Republic is to be commended. Mr. Williams concurred. Mayor Sevila said it is Council's intent to have these improvements completed at the earliest possible date. The resolution was unanimously adopted: 286 MINUTES OF NOVEMBER 14, 1984 MEETING. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-217 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR OAK VIEW SUBDIVISION. 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: I SECTION I. The manager is authorized to execute on behalf of the Town an agreement (Form PC 2) with Brownell, Inc. , Leesburg, Virginia, for installation of public improvements shown on the plans approved for the Oak View Subdivision. SECTION II. The extension of municipal water and sewer works for Oak View Subdivision is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. An irrevocable bank letter of credit in a form approved by the town attorney from Equitable Federal Savings and Loan Association in the amount of $296,100 is approved as security to guarantee installa- tion of public improvements shown on plans approved for Oak View Subdi- vision. Mr. Nelis expined that Ig construction drawings were approved by the town weeks ago. He is in obtaining zoning permits within the next few weeks in order to get under construction before winter sets in. Mr. Martin looked at the documents today - they are on our PC-2 and PC-3 forms and the letter of credit is from a Federally-insured savings and loan. Mr. Williams inquired as to whether we would have to go to Federal court if we should ever have a default in another state? Mr. Nelis said he has talked to severaljuris- dictions, including Fairfax County,which recently had a bond study done by an accounting firm - this firm recommended to either accept letters of credit only from banks in Virginia or from Federally-insured banks in other states. Mayor Sevila said there will not be lengthy delays in the Federal District Court in the Eastern District of Virginia - they are on the "fast track" down there. If we filed suit, we would bring it in our own Eastern District Court under our own long-arm statute. Mr. Minor thought this should be a topic for dis- cussion in the not too distant future. Mayor Sevila suggested that Mr. Minor try to locate a staff report that was done on bonding methods a year or so ago and have Mr. Nelis give us an up-date on it. The resolution was unanimously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. ou On motion of Mr. Williams, seconded by Mr. Bos,//voted unanimously to go into executive session to discuss legal matters and investing of public funds, as authorized by Section 2.1-344(a) (6) and Section 2.1-344(a) (5) of the 1950 Code of Virginia as amended, with Mr. Minor, Mr. Martin, Mr. York, Mr. Shoe- maker and Mr. Clinger and Mr. Gates from Camp, Dresser and McKee to be present: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. Mayor Sevila reconvened the meeting at 11:55 p.m. and reported that Council considered in executive session only those matters covered by the motion and has taken no action. On motion of Mr. Tolbert, seconded by Mr. Williams, the meet- ing was adjourned. Mayor �� Clerk of th7 1Council