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HomeMy Public PortalAbout1985_08_14 MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL,AUGUST 14,' 1985. . y A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on August 14, 1985 at 7:30 p.m. The meeting wascalled to order by the Mayor with the invocation' given by Mr. Tolbert and followed with the Salute to the Flag :led by Clerk of Council, Dorothy Rosen. Present were Mayor Robert E. Sevila, Councilmembers, Charles, A. Bos, Arl Curry, Marylou Hill, John W.- Tolbert, Jr. , and Charles Williams; also Assistant to Town Manager, Steve Owen, Director of Finance, Paul York, Zoning Administrator, Mark Nelis, Director of Planning, Zoning-and Development•Martha.Mason-Semmes and Director of Engineering, Tom Mason. Absent was Councilmember Brian T. Kelley. On a motion by Marylou Hill and seconded by John W.. Tolbert, it was` -'"-' recommended that the -minutes -of-the- February 27-, 1985 and March 13, - 1985' meetings be approved. . Aye: Councilmembers ,Bos, Curry, Hill, Tolbert, Williams, and Mayor ' - ' Sevila . Nay: None - - • - N PETITIONERS N Gary Moore, a resident _of Edwards .Ferry Road, asked for -an increase in W police-patrol in the eastern section.of the town. This request -was made - m because of the increase in larcenies. ' He stated that he has had three -let-- 1C cenies in the past few months and his request for help from the police department :is going- unanswered;. He has mettwith, the town manager and' felt it was helpful,ubut..does,.want security ,increased. -- • - ' Cheryl Ogden, another Edwards Ferry .Road resident, saw One of the lar- ceniesicommittedkand -said ,the intruders- were-•so `=-:nonchalant that they' didn't-seem to=care if someone'-was- watching or 'not. t Mayor Sevila asked Mr. Minor of his. discussions with. Mr. Moore and . asked if he had discussed this with Chief..Kidwell. Hopefully neigh- borhood watch program' can be instituted in this area. Another officer will be hired -soon and.•the town does intend to increase security in the Edwards Ferry Road area and -also does' intend:to; get -the Neighborhood Watch Program . . instituted. ' . • - - •Mayor Sevila called Phi-lip.Brownrigg forward at this point. He pre- sented Mr. Brownrigg with a.certificate of appreciation for his .leadership on the Board of Architectural Review in-the :past-twenty 'two years. . :;The Mayor then asked Counci-lmember -Bos :to come forward and make some comments on the service of Mr. Brownrigg. Mr Bos stated that Mr. Brownrigg had the ' 1 ability to serve on the Board and deal with the residents very effectively. Mr. Brownrigg went .on to say how the•pride of the- town was always in the, . mind:of 'the Board and the members supported each other effectively. U PUBLIC HEARING ON THE PROPOSED MULTI-HOUSING REVENUE -BOND 'FINANCING. - - , Staff member -Martha Mason-Semmes gave a brief report on Suffolk Redevelopment Housing Authority resolution-'to issue multi-family housing-'-' revenue /bonds to:allow the:-construction :of_384•-apartment-units -withid :i Exeter. This would allow rents-to^ beisomewhat =Fower than if conventional. financing was utilized. The hearing 'is to allow 'the public -to -comment on their feelings of the need- for this type of-housing in Leesburg. There is no subsidized housing'involved, but there' is -a requirement .to:•allow '20% of the units be='rented to .fami-Iies.•whose income does not exceed 80%-of the median :income4in :the Washington Metropolitan area; or 840,000: I- . 40,000:- Steve Pournarasodf,McLean ,• ::is'one._of._the 'partners of 50 acres in town fronting on Route 15. -:-He -is -representing this +group who• would like to develop their own apartment"area.- 1They also•'have plans toiseF1 some neigh- boring land and donate .part- of it to the YMCA. • They want to put• up'200 - apartments and use. 10 acres for a 'commercial area. I - - - • AUG14. 1 $- p MINUTES OF AUGUST',14, 1985'MEETING- Larry Horton, a representative of an .apartment and nursing home developer in Roanoke, stated.,that he feltthere was a 'heavy concentration of apartments in the part of town where Exeter..is located. He. stated that_they. were. planning 168 units in the• south end•.of town using VHDA. • - - Lynn Cornwell, representing Sycolin Partnership, believes the number.•of units in 'Exeter is heavy. Maybe a phasing of the Exeter project would be. better. - -Another thought i's- that . there. should., be a. uniform,code for all apart- ment units, whether:. they be 'bond !financed. or not.- Ted Mooney, representing Leesburg South.Limited .Partnership, stated that they also want -to ,reserve;l—Lor -12, acres•for apartment ground. He .also thinks that 384 units is excessive. They want to donate 5 acres plus the pond for parkland. They would like •to. preserve••their vested. interest in. their land. . , He asked the -Council' to--proceethcautiousiyin ;granting this-bonding request. Lee Holt, a resident of Valley View Avenue, found it interesting that the bonding of these• apartment-units•.comes out to about $65,000 per unit. ; The town should make sure that the -quality :of.; housing-:is. up to par.• Julie Gouveia, speaking• as:alamer:apartment manager, feels that this type of financing -is not. the most. feasible-. . VHDA .stands_behind all .their. develop- ment, in regard to management;: maintenance, etc. Other lending institutions do not do this. Who'will govern -this project? Who will see that the 20% is met? Who will see that the rents are not raised unjustifiably? Who will see that preventive maintenance.is. done?-• These •things .need .to. be monitorednot only.now, but- in.the future.' • • - Alton Echols„ -asked that,_before•-the; bond,issue -is.,approVed, ". 7,_C•,a com • - mittee be formed to form:•guidelines,..for.•tax:exempt. and' government subsidized housing. He reiterated-what' Gouveia s aid, .mainly.-that. VHDA. stands behind their- developments. Their guidelines •are- much more stringent than other financing. 'They oversee the number of apartments in a given area to- • make sure saturation-doesn':t :happen. . Their• construction . standards are • higher. • • , Steve:. Robin, representing-the applicant, stated that the concerns - raised so far have- been addressed:by the developer... -The Exeter project in . general was very ..carefully plannedtand, the developer- only wants to build . their; apartments -by the-most-viable -method •available. . ,The• apartments will- •• not be what is considered subsidized. • They will be quality apartments renting in: the .over $500 per month range..• The.,financing,.;if .conventional,. would drive these 'rents •considerabiy_higher;.i- • Mayor Sevila then asked;rather than address the density of 384 units, -IA perhaps Mr. Robin• couidaddress -whether.--itis- necessary to subsidize . financing of all 384•.units.•• . - - , • - • IMG has made the business decision• to :go for the financing on all 384_ • uhits. All that is being asked of Council that, as a policy matter, there is•. no reason to deny the. Suffolkfinancing.;-: ALL-the ;legalities. will- be the responsibility of Suffolk--HousingcAuthorit.y:. . Major concerns were a) by inviting in- Suffolk -to issue •bonds in • Leesburg they are in a .position of being-the only,bond. issuing authority in our community; b) Council 's reluctance to do anything to express that there is inadequate safe andi-suitable.;housing,,,-as. stated..in. the documents. please. explain the •court..validation .proceedings.- . Robert Kaplan, a :bonding attorney, , answered 'the -Council 's questions, pertaining. to specific-sections--of-the-housing•authority contract. Any other financingrauthorities- mays;come; into.:tthe ,area -only. with the permission , of the .governing 'body. The-statutetailowing• this, financing to occur was enacted by the General- Assembly. in •1976. .Housing authorities, when acting under their power=Fl , are •not•meant"to:-be .confined ,to operating in their . originating- jurisdictions; A 'judicial validation statuteti>, has been included where any bond issued by any political subdivision of the commonwealth must be submitted to a circuit court in -the jurisdiction of the issuer to have. the issues interpreted: and the court to adjudicate;.ktheli4ityyof..t1-!ebonds• • AUG14.2 • MINUTES OF.AUGUST 14, 1985 MEETING 9 Section d038.;of. the. Internal Revenue Code is. an •exemption from the inclusion of the -interest earned .on industrial revenue bonds on the gross - income of the: people who buy them, with exemptions.. Section 1.03K requires the public hearings and public approvals of jurisdictions, both issuer and host'.. . The 5F. regulation tells what must be done in inclusion1of the notice. Individuals of low or moderate .income (whose annual family doesn't exceed 80% of the median income in the :SMSA: wherein •the project is located) are eligible to rent 20% of the apartments. ' For the qualified project period, which is at least 10 years or 50% of the bondperiodithis must be a rental project. It- cannot. be sold. and .the .new..owner turn it into a condo project. At least. one family member: must be' gainfully• employed'. c.The •code gives you 60-days ,to. correct any non-.compliance? withL.this•,20% 'requitement. If. -you do not meet this requirement within 60. days,. the bond bedomes' taxable from: day one. • There is tremendous 'check. and' balance in the entire procedure, none of which,•is: the responsibil'ityno.frthet governing:body..i- . • • -- Steve, Robin. gave' a. brief: summary on 'the questions asked. of Mr. Kaplan and again reiterated the soundness.:ofallowing. the Suffolk Housing Authority bonding .issue in the Exeter .Development. The' public hearing- was..close&'at- this..point and, the Council recessed.- Q� for, five. minutes. NThe meeting was-called.,back to' order and. Mayor Sevila asked for com- W ments from the Council on-the 'prior :hearing. - CO Mr. Bos feels comfortable with the presentation and asked that the Q resolutions- regarding- thisr...be- left on- the: agenda •and..be,.voted. on. this. . evening. t.Mr.. Wi'lliams: concurred.with Councilman('Bos.- 'n . . -n . . . , ,. . .. „ . Mrs. Hill stated .that• all her:code:questionswere answered and sh'e alsh. wants to go ahead -with the vote on this: issue. On •a motion by_Mrs. -HiPl •and'-seconded. by Mr; Tolbert inwas recommended thati.the. following--two resolutions:.be, considered together. :' 85-.130: 7..RESOLUTION. 7 INVITING:THE SUFFOLK. REDEVELOPMENT AND"MOUSING AUTHORITY : :TOdISSUE-MULTI-FAMILY HOUSING REVENUE' BONDS:TO•FINANCE ... . . . . . :m:.,TRE. EXETER GARDE NJAPARTMENT PROJECT;BY•IMG/EXETER - n . - .-. .. • ' ,.-, .ASSOCIATES-LIMITED PARTNERSHIP.. - . . . u ,: WHEREAS;: IMG/Exeter Associates;Limited Partnership, .a. Virginia limited partnership (the "Developer");' desires to: acquire,. construct, and equip a garden apartmenn project of,up: to,-384 units 'to' be.'located within, the 'Exeter. planned residential •neighborhood: in- the' ,Town of Leesburg,: (the. "Project"); and WHEREAS, the Developer desires to finance the project with the proceeds of multi-family'housing-revenue_ bonds,• to 'be issued pursuant to Section 36-19(fl) of the Code of Virginia of 1950, as amended, and exempt from Federal' income taxation pursuant to Section 103(b)(4).(A) of,the Internal Revenue Code of 1954, as amended (the "Code"); 'and n :. . .. . . WHEREAS; :Virginia' redevelopment.'anthhousing authorities are 'empowered to make loans for assistance- in-housing construction: outside- of their 'jurisdictions through -the issuance of such bonds, and. the Developer has received 'indications that the',Suffolk.,Redevelopment'and:.Housing Authority, is willing to assist with the -financing of the- project; .. 0. ., • c . . , -THEREFORE, -RESOLVED.by therCouncil.of 'the:•Town of'Leesbur.g in Virginia as follows: „ SECTION;I::,.:The-Council 'hereby: invites the SuffolkiRedevelopment..and Housing Authority to assist. the Developer in. financing the Project and consents to the issuance--of bonds to finance' the .Project .by :said Authority. • SECTION II. - 'This :resolution shall.not-be deemed:an'endorsement of the 'cre- o ditwor.thiness 'of_such :bonds,,:the Project, therDeveloper or any:other person or -entity, and ,the Town .of Leesburg shall have no .obligation whatsoever with -respect :toethe 'Projectior' the .payment'of the'bonds:= ] : ' , 11 1.2 = 1J AUG14.3 - to MINUTES OF. AUGUST 14, 1985 MEETING. -. _SECTION III. ; This •consent:,is -given on the express condition:•that the - Suffolk, Redevelopment and.-Housing Authority.Lpermit-.other,.such .authorities :to operate,an .the• Town:of; Leesburg,. as:'permit:ted:.by ,the,,Town ,Council. : ? . 85-131: -,-RESOLUTION::. -APPROVING THE .ISSUANCE OF. REVENUE BONDS BY THE SUFFOLK • REDEVELOPMENT 6 HOUSING AUTHORITY FOR:.THE EXETER :e ••' - GARDEN.APARTMENT: PROJECT PURSUANT, TO :SECTION. 103(k)-. -. OF THE INTERNAL REVENUE CODE . WHEREAS,-- the ?Council ,of. the' Town of :Leesburg:.in Virginia,-(the "Council") on this day held -a public •hear.ing regarding-the issuance by the Suffolk . Redevelopment .and-Housing •Author.ity-..(the•-"Housing Authority") of its revenue bonds .in an amount-,not-to-exceed-6257000,000 (the "Bonds,':) to: assist':IMG/Exeter Associates, Limited Partnership;:.a:'Virginia:aimited partnership..(the "Developer"), in the financing of the acquisition,- construction and equipping 6f a garden apartment project of up to 384 units (the "Project") to be located in the Exeter plannedrresidential neighborhood-in;thei•:Town:-of :Leesburg;o.Virginia, (the "Town.'); and � : ,•. - WHEREAS, Section 103(k) of the Internal Revenue -Code of 1954, as amended, (the "CodeP),yprovides that the. governmentaL-unit having: jurisdiction:over the area in which the-Project is •to -beaocated._must. approve. the. issuance sof, the. . Bonds; and -- • SOD .. _ .. - l., . _ .. •:. •i_ , . _•,� WHEREAS, the Project .is to. be..located„ inrthe. Town.;and. the,Council constitu- tes the highest elected governmental unit.of• the Town; THEREFORE, RESOLVEDw•by -the:.Council•.:of:.the .Town.,of ,Leesburg: in:Virginia. as follows: . . • .. _ -SECTION -I. The Council..approves the• issuance. of_.the Bonds by the Housing Authority for the benefit of the Developer to the extent required by Section 103(k)- of.;the-Code:.,to permit:.the-Housing:Authority to. assist,in the:-financing- of . the Project. SECTION 11.' ; The:approval.-of the. issuance of. ,the- Bonds, , as.-required by Section 103(k) of the-Code;- does'snot:.constitute,an ..endorsementmof.•therBonds or . . the creditworthiness of- the Project-or.--the Applicant. As .required. by Section 36-29 of the. Code; of Virginia-of-•.1950, .as -amended, the -Bonds shall provide that the Bonds shall not..•be-a-.debt of. the•-Cityrof Suffolk, the. Commonwealth of Virginia;- or:.any political:subdivision,thereof (other..than the Housing Authority), including the-Town of .Leesburg; and•.neither the Commonwealth of Virginia, nor any political-subdivision thereof: (other_ than -the Housing Authority),. including the City of.- Suffolk and -theiTown-of Leesburg,. shall.•be. liable thereon,inor in any event: shall theiBonds'be-'payable- outi:of any: funds• or properties-other ,than those- of, the- Housing Authority_ specifically pledged thereto.-• The Bonds-shall not constitute- an •indebtedness::within..the.meaning- of_ any:.constitutional or sta- tutory debt limitation:or -restriction:,....- - SECTION:.III. Pursuant .to:the limitations-contained:in Temporary Income Tax Regulations_ Section: 5(#)103-2(f)(3).(ii)., this...resolution. shall_ remain- in effect. for, a periodr.ofooneyear'fromrthe_dateofirits:.adoption. - . ... , , SECTION IV. The approval contained- in Section 1 hereof is contingent upon the Developer's• execution-and- delivery::of-a• written agreement- with the. Town, . in-the. form,and• substance.-.acceptable::to+ the:Town,Attorney.,-.including: such-j. other: supportive;documents-'andzopinions:?.as:said -Town- 'Attorney:.may:request, embodying the- terms,,conditionsrandtcommitments.contained: in- that-certain. - letter dated August- 1 , -1985 from- John -M;..Dempsey,. Vice.President,_ Investors' Management: Group;..Ltd. , to Marylou Hill-, Chairman, Finance, and Administration •Committee of- the.Town,.•as 'amended .by:the letter of August 8,. 1985, from Stephen P. Robin to Martha M. Semmes, •Director of Planning, Zoning and Development of the Town, relative to deleting the word "direct” . from the! phrase- "directrrental. subsidy.'!: in.paragraph.-5 and .deletion- of•. Paragraph. 2 under Item-5.• - ! . - . , . Mrs. Hill made a- motion for verbagerchange to Section IV of- the above resolution-, seconded.by-Mr.ctWidliams,, changing "the-_Developer! s executing and delivering -a written-agreement with the town inform acceptable to- the? - town -attorney" to "the-developer's--execution and- delivery-of a^written . agreement..with. the• Town in the form and substance acceptable-to the town attorney". • AUG14.4 MINUTES OF AUGUST 14, 1985 MEETING 1 1 Also the addition of- "and- deletion of Paragraph 2 under Item 5" in the- last sentence. of Section IV. . - . . Aye: Councilmembers Bos, Curry, Hill, Tolbert, Williams and Mayor Sevila - Nay: None i Mayor Sevila thanked Mr.. Robin and: Mr. Kaplan for:their presentations and spoke briefly on this financing method for the project involved. The vote on the above resolutions •was,:as: follows: Aye: . Councilmembers Sos, Hill, Tolbert, Williams- and. Mnyor:-Sevila, • '. . Nay.: --Councilman, Curry • • . - .. COUNCILMEMBER:.COMMENTS 1. Mr. Bos attended the :Board- of Architectural' Review meeting: this, past Monday.•=.They approved:sign: applications.rand,:an- addition..to, Dr.; Gable,is,v house on North King .Street-.: They, did :not consider any::mor.e.on ,the Valley , Bank Building or on Randy DeHart's project. Officers were elected until N the end- of next June. :Mr; Bos:-was elected- Chairman, and. Bill• Webb . -Vice NChairman'. _,:. . CV .. , ;n., . ,•• . „i , , , ,. -, 1 _-: ': . - , ; Mr.. Williams•rstated-:that the. ad.,hoc :committee. for!the• boundary /line Q adjustment met this-morning and agreed. to bring .before the .Finance and•,)„ •_ Administration Committee a'-proposal for a boundary line •adjustment with the appropriate language for..its consideration. He ,also mentioned that he had received several - phone-calls from citizens on Edwards Ferry Road concerning the breakins,cthathhave -been -occur.ring•.there., i . , - _ Mrs. Hill reported s•; that there were 2, 140 total cable customers. There :is a new "bulk" counting and ."residential-';-counting method., The ' residential• customers-rare•;2,,038-and•'the;remaining. are places such -as ., Heritage Hall, the -Econotodge; etc. Mr.,:Curry stated that 'the'.manager!s;reportc:covered :the activities of the Planning Commission; Mr. Tolbert attended the Airport Commission Meeting. Several members went to Lynchburg to the State Aviation Conference.' He also mentioned he received.an .anonymous.caF1., saying :that,.the-heat.was too severe .to have the street):crews .working. . I • Mayor Sevila, . as -a followup to the airport report, on August 22 the Chamber:of.:Commerceis having their.-monthly mixer -at the airport. �.. MANAGER 1:S,REPORT . _ ,• I : ., The Planner I-applicant; Mrs. Sherman,: 1did-accept .the offer„for employment with the town.” • ,-Also; .the work done,:by .the Public IWorks.Department .on';South King J Street.;should :be .noted:c,This will help the drainage problems and stabilize : , the shoulder. LEGISLATION . On a motion of Mrs. Hill..andvaeconded"by Mr. Bos, the following reso-'- . lutions were proposed and unanimously--adopted: 85-0-17 - ORDINANCE - AMENDING SECTION 12. 1-17 OF THE PERSONNEL MANUAL TO ALLOW-MINIMUM.OVERAGE OF -THE. MAXIMUM PAY RATE FOR GIVEN GRADE • 7 :WHEREAS; the-current:personnel :poliicy •does not :allow, an individual. to-earn more -than the -maximum rate -in-that -.person.'s..assigned:,pay grade;. and . WHEREAS.;' occasionally employees,may receive 'outstanding performance evalua- tions, which •-recommend that their salaries exceed the maximum rate --in _a .given pay grade, and . AUG14.5 - . 11 2 MINUTES.OF AUGUST. 14, 1985 MEETING. I . _ WHEREAS, a. policy which_allows employees to exceed. their established .pay range under certain circumstances -is..considered-to •be_in .the, best. interest of of the town: THEREFORE, ORDAINED by- the Council ,of .the Town of. Leesburg in Virginia as follows: SECTION I. Section_l2•.:1-1.7 •Paragraph: (b)(1). of-:the Personnel Manual is amended to read as follows: • Section 12. 1-17. Pay -Determination- .. ' (b)— Ingrade •Service'lncrements: .:: Classified .ser.vice employees appointed after the adoption-mf these 'rules ;or. •employees..who •have.-not completed. twelve months of town- ser.vice- shall--be•eligible for -service- incremen'ts upon completion of six months and- twelve months of -acceptable service from the date of their appointment. Service increments^shall .be within :the,amount :fixed .for the appli- cable employees next- step:within 'the•employee:s class. .After twelve months of service,, career employees shall be eligible for service increments on July 1 of each year. ' Notwithstandingtthe. above, in-no' nstance• shall. eligibility..for ser vice increments occur- at. less,:than'•'threejnionth. inter:vals.. • • . ... , (1) No service- increment- shall be' grented .above the maximum rate prescribed- for the pay grade-by 'the compensation plan, with the exception _: of a justified and approved merit increase that would put an individual above the maximum;,-provided-.=thiss-increase>is:include&:in the ,approved,:budget, and does not exceed 5%. • This ordinance shall. be� in effect-upon-'its .passage: - • ' 85-0-18 - ORDINANCE -,ADDING-SECTION 12.1717.4 TO-THE PERSONNEL' MANUAL REGARDING USE. OF.:.TOWN, VEHICLES - WHEREAS, recent IRS regulations 'regarding personal nse of town vehicles has.been• revised:-to• requirendoption of a' formal;:wr.itten .policy, statement on. commuting; and • WHEREAS, the Town.of Leesburg must comply with .all -IRS .regulations: THEREFORE; -ORDAINED by:the--Councih.ofnthe• Town .of Leesburg -in .Virginia as , follows:. ' SECTION I. Chapter 12. 1 of the Town Code 'is amended by adding a new sec- .tion to .be known as- Section."12. 1r17:4;.. Use;:of Town..Vehiclesrfor.Commuting , to and from Work to read as follows: Sec. 12.1-17..4. Use- of Town Vehicles•-for Commuting to"and from Work For those employees assigned the use of a town vehicle on a 'twenty-four hour basis and who are permitted to use-•the. vehicle.,for commuting.to and •from work the following:conditionsrshall:.apply.: ,. (1) The use of the vehicle• is. restricted for personal purposes only for commuting to and from work except in those instances of de minimis personal use (such as a stop fora- personal:'.errand•,between _a..business ,associated • . . • trirand the employee's homer .,.r..,:.- :. - (2) That with the exception of de minimis personal use, town vehicles are in no manner.. to.be:-used. by town•. employees• for• personal. use:or .to conduct, personal business. . .. (3) For each day that the employee uses the town vehicle for commuting purposes, the• town shall -AddFan.appropriate-amount.-to. the. employee's gross - income to equate a •relative•..valuecfor,.ther_employee's .use of:the. vehicle. The only employees with take-home vehicles that would be exempt from these provisions.will-rbe-•those--with'vehicies.,:found. 'to, be- exempt -under, Internal . Revenue Code Section: 274.(-i). SECTION: II. All..prior, .ordinances:.and,:.r.esolutions in conflict herewith are=repealed. - • SECTION III. This ordinance shall be in effect upon its passage. AUG14.6 MINUTES OF AUGUST. 14, 1985 MEETING Is 85-0-19 - ;ORDINANCE/-. AMENDING. SECTION 12. 1-17(e) OF THE PERSONNEL MANUAL 1 TO COMPLY -WITH THE FAIR LABOR STANDARDS ACT WHEREAS,,.the U.S. ,Supreme -Court-has, ruled -that .the Fair Labor ,Standards Act (FLSA) :applies .;to-local .governments;; and .; . ; r_ ,r, r r 1 1 r • WHEREAS, the Town of Leesburg.wishes to comply with-Federal regulations; and 1 :. . ,.. . : 9 . 1 :C.' . . . . , . v t . •'., • , . . . . .. WHEREAS, the Town's Personnel Manual requires amendments •in;order to,comply with the FL SA: THEREFORE,ORDAINED by-the Council-;of the Town of Leesburg in Virginia as follows: SECTION I. Section -12'. 1 -17(e)- of- the4Leesburg -Personnel ;Manual, is-hereby amended to read as follows: ' Section 12.1-17. Pay-Determination . - • • CD . (e) Overtime: 2 , . .,t . _o, (1) •Allcemployees :except;,officers••shall :receiv_erovertime :pay for N the. time :worked :(calculated-:to the -nearest 1-5;minutes), in excess of: 40 •.. • w hoursTerweek:during ;any ;payroll-period.• Overtime pay shall_be at the rate of:one?and one-half:times_regulancpay:.; Compensatory time, ; for, those Q employeesr.onca 36:hour per-week schedule; ;can ±only. beraccrued after--16 ,1 hours and .before 40 hours in:-any payroll period, .and shall be earned at the rate of-one hour for :each overtime hour- worked. -For• purposes ,of deter- mining overtime; time spent on: authorized. paid leave shall be computed as time worked. Notwithstanding the above, employees on paid,-vacation or sick - leave required to report to work during their regular hours, shall have the time worked deducted • from-.the--vacation:cleave-:or-sick leave,;previously • authorized:- - , .<... , , -, , 17. -(2) All employees.,called to .work outside. their..regular ,workl,hours shall receive credit paid at time and one half for at least one hour' s work. SECTION II. All- prior-ordinances and-resolutions in: conflict herewith are repealed. .,c . . • . .SECTION, III. This ordinance shall be in effect upon its passage. . 85-132 - RESOLUTION ,-.AUTHORIZING AN APPROPRIATION OF FUNDS FOR FY 86 INSURANCE PREMIUMS - : „ . - •1 r'. .r • , r .. WHEREAS,- the adopted-budget for fiscal year;,1'986.appropriated,funds for the payment .ofnlaw.;enforcement• professional,nliability, comprehensive„ business and automotive insurance coverage in the amount of $72,700; and WHEREAS, actual .premiums for those coverages totalled $76,435. .. ... nu- !o :n , -- , r- - .. -,:. , 4 4 . - THEREFORE,tjRESOLVEDcbyathe-. Councilaofithe. Town of,Leesburg, in Virginia . .as follows:: _. •r r. . An appropriation of funds is made to Utility Fund Account No. 3110-530-010 in, the amount. of $3;735.-for: the..additional.amount required to -fund insurance premium.payments for fiscal: year. :1986. 85-133 r:.RESOLUTION--• AMENDING-•THE- CAMPBELL, McQUEEN. AND PARIS-.ENGINEERS CONTRACT .. , ., RESOLVED, bythe- Council•.ofc.the.Town of„Leesburg, in- Virginia as; follows: • ,;c- l: c.l o.S:Ir,::'- lr: • -.. . :C 4 ..1•,7.r.. � � .. :Y I'1 t .- ;SECTION_ I: , Addendum No. 2 to_ the- town's contract with Campbell, McQueen and Paris Engineers, as recommended and. approvedby, the Federal Aviation- Administration, is hereby -approved;. - / • r , • . • SECTION II. The town manager is hereby authorized to execute-.Addendum No. 2 -on- behalf.of the Town. AUG14.7 1 ,1 MINUTES OF'AUGUST-'14, 1985' MEETING : - 85-134 - RESOLUTION - ADOPTING A MINORITY AND WOMEN BUSINESS ENTERPRISE . • PLAN FOR. FAA FUNDED PROJECTS AT -LEESBURG MUNICIPAL • AIRPORT' WHEREAS, the Town of Leesburg .has made application'to the Federal Aviation Administration (FAA) :for .financial assistance to extend•.and.:rehabilitate.runway and apron facilities-at, the .Leesburg Municipal;,Airport;. and_ ., _ WHEREAS, the Town wishes to comply with Federal regulations regarding ' increased participationrby-minority.andswomen,business.enterprises -in - federally assisted contracts; .. THEREFORE, RESOLVED byrtheiCouncil- of.rthe;:Town:.of.,Leesburg an_Virginia. as- follows:. SECTION I. The .following- is the Minority and. Women;Business. Enterprise plan for Leesburg.Municipal Airport: - . -• .... . , LEESBURG .MUNICIPAL AIRPORT • MINORITY AND WOMEN BUSINESS ENTERPRISE PLAN : 1 . Policy Statement: It is the policy of-•this. organization to utilize Minority and Women Business Enterprises •in al•h aspects.tofscontracting..' Thi-s..commitment can. be demonstrated by the: efforts,taken:in: the ,development of this plan and in our local contracting;procedures: which:.have .been- developed, as-well as in our . existing working relationship with the Virginia-State Office of-Minority Business -Enterprises:-•.The:"Townrof Leesburg- takes the MBE/WBE responsibility seriously and will endeavor -to comply with all aspects of this plan; 2. Liaison Officers . • • The following•person:•hasrbeen :assigned the responsibility to develop, manage, and implement the Minority and Women Business Enterprise program:. Linda DeFranco, Administrative Assistant for Personnel (703) 777-2420 3. Minority Business-Enterprise- Directory An up-to-date 'MBE/WBE. directory -is -available from the Virginia' Office of Minority Business Enterprises and the Omega Group. All bidders and proposers -will -be-referred -to :these• organizations .for:.MBE/WBE listingi'upon request. Certification of these.,MBE/WBEs will be done on a -case-by-case basis. 4. Determination of Eligibility A written certification•-from••the• MBE/WBE- itself.will be required--stating that it is a legitimate minority or women business or joint venture. 5. Minority and Women Enterprise-'Goals A percentage' of dollar goals on each airport improvement program project will be established. These goals will apply for both prime and subcontrac- tors at the. airport. For the-Tending. Federal- project, .that percentage follows: Minority Female- 102 2X'" The_percentage of.dollar .goals:above"are -a result of -an analysis of the number of MBEs available-and:the .contracting,potential .identified. Since our proposed AIP: project- involves. rather specialized pavement construction, the. goals for minority and female participation may be ambitious. However, we will request the assi•stance•:of::.the•following organizations in endeavoring to.meet our,goals, in-- addition ' o"oür-, normal procedures detailed in. Item 6: • o State Office _of Minority'Business. Enterprises Virginia State University Box -00 ' Petersburg, VA 23803 AUG14.8 MINUTES OF AUGUST 14, . 1985 MEETING - - .. t o Omega Group 1 1 Curtis M. McMeekin, Project Director . Suite 320 - - 555 4th Street, N.W. Washington, D.C. 20001 The. following-,goals- have been established for lease opportunities on the airport:'. . - .. . . - Minority Female - 5% 5% 6. Procedures to Ensure'.an• Opportunity to MBE/WBE • . . .The following procedures will.be utilized in ourefforts to obtain Minority and Women-Business-Enterprise participation: • • o Invitations to MBE/WBEs .to attend prebid meetings. : A . Adeiti'se 20-days' before -bids -or proposals are requested. o Provide written notice to MBE/WBEs that their interest is solicited. . - o . Maintain a list .of-::MBE/WBE's -to be contacted. - N o Provide MBE/WBEs with -information -on plans and specifications.- N 7. Compliance Requirements W . ,.. CO The contract goals determined for this project will be provided to 'that Qprime contractor.. A:requirement-of the contract- agreement will be that EVERY EFFORT-will be utilized to meet the contract goal. 8. . Effective Dates' • The 'federal grant for this project will be issued .during FY 1986. Therefore, this MBE/WB& plan will, be effective. from September 1984 through .September, 1986. .. - , I SECTION II. This Minority and- Women Business Enterprise Plan:for -Leesburg Municipal Airport shall be automatically repealed at the time .FAA .regulations no longer require -a,specific program .'for minority. and women business enterprise participation in federally assisted contracts. 85-135 - RESOLUTION - AUTHORIZING THE SALE OF SURPLUS VEHICLES AND EQUIPMENT .RESOLVED by the Council of- the Town of Leesburg in Virginia as .follows: SECTION 1. The town manager is authorized and directed to sell by public ' auction on September. 10, 1985 certain vehicles .and surplus equipment described in a memorandum -to the Counci•1.-dated:-August_2, , 1985.- SECTION II. The town manager shall publish appropriate notices of the above items available. in the-August- .28 and. September 4, 1985 issues of the - LOUDOUN TIMES MIRROR. I 85-136 - RESOLUTION - AUTHORIZING THE TRANSFER OF FUNDS FROM THE CONTINGENCY RESERVE ACCOUNT TO THE ENGINEERING DEPARTMENT OFFICE EQUIPMENT ACCOUNT FOR THE PURCHASE OF FILING CABINETS WHEREAS, the Department of Engineering is in the process of moving into the offices formerdy 'occupied' by the Chief of Police and the Chief's secretary; and WHEREAS, three- lateral filing cabinets-which were builtintothe wall . between .the offices .were moved to• the.Police Substation;; and • WHEREAS, the Department of Engineering wishes to replace these' three filing cabinets to fill the opening in the -wall and provide needed addi- tional filing space to adequately store the department' s expanding files; and WHEREAS, the Department of Engineering has insufficient funds in its . .office equipment budget to cover the $1500 cost of the filing cabinets: AUG14.9 16 MINUTES OF-THE AUGUST_14, 1985 MEETING THEREFORE, RESOLVED. by the Council of- the Town- of. Leesburg,.in Virginia as follows: > SECTION I. A transfer of $1 ,500 shall be made from the contingency reserve account to. the .Department of.Engineering office ,equipment account • (200) 3401.700.020 for , the purchase of three lateral filing cabinets. 85-137 - RESOLUTION - AUTHORIZING THE PUBLICATION OF NOTICE OF A PUBLIC HEARING ON #ZM-62 BY BERNARD CARLTON; TEE . RESOLVED, by the: Council of the:.Town- of. Leesburg in Virginia as. follows: SECTION I. A notice .of Public Hearing .to,consider Rezoning ZM-62 .by Bernard •Carlton, Trustee-•to .have••rezoned,-from County: R-2 to-.Town B72, 6.81245 acres of-land- located :on:the'-south .side or-Fort Evans -Road,. NE and bounded by the Route 15 •Bypass'-on, the..south; and,.adjacent to land:of Basil M. and Mary D. -DeLashmutt, and -Perry..M; and Mary.E1-len..Wolver•too. on the west, shall be published in -the -LOUDOUN TIMES .MIRROR -on September 5, 1985 and September 12; 1.985. for public hearing•om September. 25,• 1985 at 7:30 . p.m.: in •the. Council: Chambers, 10 West Loudoun Street, Leesburg, Virginia. 85-138 - RESOLUTION - AUTHORIZING:AGREEMENTS- FOR GROUP. INSURANCE. COVERAGES WHEREAS, on July 30, 1985 the' town received -proposals from insurance underwriters to provide the town with group insurance coverage--for-term life .insurance,. accidental death. and:;dismemberment.;coverages, disability • .income coverage and--health: insurance;=. and ' . - • WHEREAS, after having 'reviewed. and :analyzed the proposals received it . has been decided that -group term 'life .andaccidental -death and dismember- ment 'insurance ismember-ment 'insurance coverage will be provided by the Rich Insurance Agency, - disability income -coverage will .be -provided by -Commonwealth.-Life and. health • care coverage will be.-provided:by Blue .Cross and .Blue Shield. of Virginia. THEREFORE, RESOLVED::by-_the CounciL:of:.the -Town- of Leesburg in. Virginia as follows: • . . ' SECTION I. The •manager• shall enter:'into an 'agreement with Erie Family Life Insurance 'Company--represented'-by: the 'Rich Insurance Agency. of Leesburg to provide the town with +group :term,.life•:and •accidental -death and -dismem- berment insurance coverage for all eligible employees at the rate of one times -the employees- salary--for--a- premium.-:cost of -$.29 per. .$1;000- coverage-:•- The- town shall :pay -all•-costs••for.:thi•s:coverage: - SECTION II: The manager-shall enter into an agreement with Blue..Cross and .Blue -Shield of•Virginia represented by Kelley and Kowalski of .Leesburg to provide .the town with group health care coverage as was described in their proposal for -basic health• caret;coverage. at. •the..following monthly rates: . . . - . Employee only $70.56 Employee •and one minor-- 105.84:. Family 137.92 The'-town'shall-pay the employeeronly.,-por.tion of,. this coverage. • • - SECTION •II•l: The.manager -shall;continue the present disability income coverage. with .Commonwealth. Life-.for,accident and illness for--all eligible employees providing a-: two -year -60 ;percent indemnity of the employee's average monthly salary with a 30-day benefit elimination period at a ' monthly premium••of $1 .29 per-$100 benefit... The town shall.pay. all':premiu'm - costs for this coverage. • SECTION IV. This .resolution shall be effective September 1, 1985. AUG 14. 10 MINUTES OF THE, AUGUST 14, 1985 MEETING . 1'7 85-139 - RESOLUTION -. ESTABLISHING AUGUST COURT DAYS ANNUAL PERMIT FEE AND WAIVING SECTION 16=67 .OF THE TOWN- CODE' PERTAINING TO DEPOSIT OF- PERMIT FEE. - ' ' '"RESOLVED by the Council of the Town'of'Leesburgsin 'Vieginia as follows: SECTION I. The fee for a permit to use the public streets for the sale of 'goo..: and- seruices during, the i985'August' Court Days festival shall- be fifty dollars ($50)':' ' SECTION II. Section 16-67 of the Town Code peitaining'to depositing fees collected from.vendors: to" the-General,Fund-.is hereby waived for the 1985 August Court Days festival. - - ---- -- = ,• 85-140 =''RESOLUTION = AUTHORIZING AN AGREEMENT;"APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION-OF PUBLIC IMPROVEMENTS AND RECREATIONAL IMPROVEMENTS AND APPROVING WATER AND • • I SEWER EXTENSIONS°FOR T 6 K' ASSOCIATES '2" " RESOLVED by` the'i'Council 'of-•the- Town of Leesburg in' Virginia as follows:" CDSECTION I. The -manager is authorized to execute on behalf of the town N an agreement' (Foam' PC-2) 'with T A K Associates of `Cail?ett, 'Virginia- for' installation of public ..improvements shown 'on the'-plan's 'a pproved''by' the NDirector of Engineering -for-Tudor_Knoils 'Apartments;- Phase I. Wior, n ,r. - CO SECTION II. The extension- Of municipal water and sewer works' for the' Q T & K Associates is approved. in. accordance with Section 15-9 and' 19-18 of the" Town Code." r • ,-„ , ,- - d_ -" SECTION' IIl',- An irrevocable' bank letter of credit in a form approved by the Town Attorney from Fairfax Savings Bank in -the amount of $478,902 is ' approved as security to guarantee installation of the public improvements and the construction•- of• a' swimming- pooi-anditennis courts shown on plans approved` by the: Directoe-Sf Engineering for Tudor Knolls', Phase I " • r 85-141 - RESOLUTION - AUTHORIZING .Aft AGREEMENT TO PROVIDE FOR THE ' MAINTENANCE: OF- DEPOT COURT- - - - WHEREAS, the town constructed a 24-foot wide road within a 30 foot wide ingress and egress easement: conveyed- to the town by the Northern Virginia Regional'-Park-•Authority; -and '" - - " ` ' I " - '• - WHEREAS,—the property owners adjoining the road have agreed to provide for all maintenance of the road; -hereinafter referted' to as Depot Court, and to assume all liability-for claims:-and. damages arising- out _of the - repai�' and''maintenance-of Depot- Court " '°' :" ''' • '- THEREFORE, RESOLVED by -the -Council -of-.the-.Town of Leesburg in Virginia as follows:: „ . . . - . - - , • The manager' is aufhorized 'and direcfed fo' execute an 'agreement;'on ' behalf of the'town, by 'and between Thomas -I.' Blankenship and Shirley S.' Blankenship; Gilbert Freedman and' Ruth L. Freedman and Market -Square - -- ' Associates, Inc.:. being that. certain::agreement as transmitted with a memorandum to the Council' dated"August 9, 1985. " - ' 85-1427': RESOLUTION' - GRANTING" EASEMENTS TO THE"CHESAPEAKE' AND POTOMAC TELEPHONE. COMPANY FOR TELEPHONE SERVICE TO THE FOXRIDGE SUBDIVISION WHEREAS, the Town- of Leesburg. owns a parcel -of land between the right-of-tidy"of Catoctin Circle-and-the lots_ of `the Foxridge Subdivision; and WHEREAS, the. Chesapeake and Potomac Telephone Company must install• underground cables-to provide- -telephone'-service to- the Foxridge . Subdivision; and WHEREAS.,' in• order to provide telephone''seV`vice 'on 'the' back' side of the building lots, the telephone cable must cross the parcel of' land owned by the Town' of Leesburg; and ' n AUG14. 11 18 MINUTES OF THE AUGUST.14, 1.985 MEETING: I WHEREAS„these.easements wili, also be used for., the installation of underground ,cable TV 'wires: . ,c. THEREFORE,iRE,SOLVEDiby- theaCouncil.of,[he:.Towniof,Leesburg in.Virginia . as .follows: SECTION I... :The Mayor• shail, execute an easement, agreement. between the Town of Leesburg and the Chesapeake and Potomac Telephone Company in Virginia for two' ('2)' five-foot wide easementsrbetween•the Catoctin Circle right-of-way and; the .lots, of the: Foxridge, Subdivision. . I 85-143 —RESOLUTION - AUTHORIZING AN AGREEMENT FOR CONVEYANCE' OF A'PART. OF- , CLUBHOUSE DRIVE TO THE TOWN OF LEESBURG FOR PUBLIC . . STREET PURPOSES IN CONSIDERATION OF A PAYMENT, OF • ...s' . $25.000.'_; WHEREAS, John, and. Gladys Wright and, John. and •Alice Sigillito have ten- dered an offer to the town to convey the improved portion of the private street.named ,Clubhouse. Drive 'to the,Town:. of Leesburg. along with a payment • of $25,000 to thertown;:and-• - . . i - ', • WHEREAS, this street servesr-as:.the exclusive.:ingressand egress' to a major residential• complex-withinc;thei-town;,'and „ WHEREAS, the public •health:and, safety.are•;served. by.-town- maintenance, street cleaningand snow removal services; and 7o n: 11 :Is -LI .{.. � . .u:J ?'3'Yr.' -1' n ',n . r •1r - ,n 7 WHEREAS, this offer generally conforms with .the town's original offer;., , ,THEREFORE, RESOLVED.,by., the..Council, of .the:•Town-..of-Leesburg in Virginia. as, follows:,.: :nva-. . �r :(r:: •�. .- .s o l • .; •, ; , u. I , SECTION. I. The manager :is authorized and directed to,execute, ,on behalf of the town; that ,certain, agreement., dated August ,14,; 1985, being owthe same as' the•attached :with -a"memorandum 'to •the Council dated. August 9, . 1985.' . . , SECTION II. 'The mayor is .directed to execute all deeds and instru- ments :necessary to. accept--the:.street"as_ descr:ibedr.in,:the' aforesaid agreement. , [r : _ 85-144 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH. JOHN A WALLACE. AND , AARON PAULSON AND CLARENCE JEWELL AND DOROTHYJEWELL REGARDING, THE EXCHANGE. .OF LAND. AND EXTENSION_ OF CATOCTIN:.CIRCLE - WHEREAS, the extension of Catoctin:Circle:.north. to Edwards Ferry Road is an important Leesburg:transportatiorc1ink; . and WHEREAS, the exchange. of Potters Field for.a portion.of the needed . right-of-way plus further consideration:.and- the offer- of .future dedication of theiremaining ,right-ofrway (exclusive_of. publicimprovements) by John A Wallace.-and Aaron•,Paulson.:will provide; all. right-of-way, required ,to construct,_Catoctin Circle .tocits'.intersection.with. Edwards Ferry Road; and WHEREAS, the two parcels which adjoin the,-future Catoctin Circle extension shall carry- a deedtof .trust ensuring the payment of. $101,159 payable .to the- Town of ,Leesburg, upon .the.-:issuance..ofrzoning: permits; and. _ WHEREAS;-the aforementioned' private parties 'shall; participate in the cost• of the design:and-'construction-of:;thestreet; 'and : .WHEREAS, extension. of,;Catoctin.�Circle::will..make-available<,lands. for substantial economic:developments .• . - • •.I -I ,•1 .Y ' i 11. THEREFORE, ;RESOLVED byithe-Councilc'off the 'Town of Leesburg In ,y,irginia,, as follows: . SECTION I.,. . The manager is authorized. and directed to execute, an agreement, (on behalf of the town with the aforementioned parties, being that same agreement as transmitted with a memorandum.to the, Council dated August 9, 1985. AUG14. 12 • . • n MINUTES OF THE AUGUST, 14, 1985 MEETING 1J • . SECTION II. The mayor is authorized and directed to execute all deeds and instruments. necessary to convey Potters Field to Clarence Jewell and Dorothy Jewell and to accept conveyance of Parcel B-2 as shoiwn on a plat prepared by Patton, Harris & Rust and Associates dated August 6, .1985- and.to'perfoim such other acts as called for in the agreement. 85-145 - RESOLUTION - CONSENTING TO CHANGES IN THE BALLS BLUFF ACCESS AGREEMENT WHEREAS, this Council on May 22; 1985 authorized an agreement with the County of Loudoun' and ..the Virginia Department of Highways and, Transportation regarding future improvementsto the-Balls .Bluff'intersection; and_. . WHEREAS, the final version of this agreement approved by the Virginia Department of Highways and Transportation and the County of Loudoun contain amendments that -haveenot been -formally"considered by the Council; and WHEREAS, this Council wishes :to ensure that'any agreement will not impair the town' s, ability to seek' funds from the Virginia Department of Highways and Transportation•to assist in the cost of. any future grade- separated interchange, if stateappropriations exist for that purpose: N THEREFORE,. RESOLVED by the .CounciL'of -the. Town- of- Leesburg in Virginia (\J as follows: CO The manager is authorized and directed ,to execute the revised agreement Q transmitted with correspondence from Tom Butler dated July 30, 1985, in its present form or in an- amended lorm,to include the following language; in • paragraph 5: . . . provided, however, that. the construction of- such ' interchange will be:.eligible; for. any assistance;.by' the department, if appropriations -exist. Aye: Councilmembers .Bos, Curry, Hill, Tolbert, Williams and-Mayor- - ' Sevila Nay: None 85-146 - RESOLUTION - AUTHORIZING AN AGREEMENT BY AND BETWEEN THE TOWN OF LEESBURG AND KRB LIMITED • - On a motion- by Mrs: Hill-.andl.seconded•.by Mr. Tolbert the following resolution was- proposed -and•-adopted: . ' WHEREAS, the Planning Commission will consider development1plan 'a0pro- val for a nine unit office. and warehouse. facility known as the KRB • Development hereafter; and WHEREAS,' the towndesires to .protect. areas-within this development--.for futuie right of •way necessary to- construct-Plaza Street extended; and WHEREAS; an agreement has been prepared which--adequately and fairly compensates KRB Development for-•the,rightof-way-reserLation- and. dedication • if- required: THEREFORE, RESOLVED by• the-Council- of'the Town of Leesburg in Virginia . as follows: ' - The manager is authorized and directed to execute that certain agreement between the. Town. of Leesburg and KRB Limited Partnership as transmitted to the Council with a memorandum dated August 14, 1985. Aye: Councilmembers Bos, Curry, Hill, Tolbert, Williams and Mayor Sevila • Nay: None • • AUG14. 13 2 0 MINUTES OF•THE AUGUST' 14-, 1985 MEETING . . _ - . 85-147 - RESOLUTION. - APPOINTING A DEPUTY TOWN ATTORNEY -AND ESTABLISHING POLICIES FOR A SPECIAL:COUNSEL On a,motion by Mrs. Hill and: seconded by Mr.. Tolbert the following. reso- lution;was'proposed:.and adopted: . WHEREAS,: the adopted budget for Fy- 1986 .includes.-the part-time position of_ deputy town-attorney;.and • WHEREAS, . the Town Council-haszconducted:inter.views of applicants interested .in this,position;•iand' •- - • • WHEREAS the,Financecand..Administration..Committee recommends .the appointment of- Deborah.0.,*Welsh: - . _ THEREFORE, RESOLVED by. the Counci-L"_of •the Town of Leesburg:in Virginia . as follows: SECTION I. - Deborah'G. Welsh- of,the -firm Kennedy; McAdams &,Welsh is appointea-to the-.position of-deputyr,town•=attorney in; consideration •of an annual retainer of $6,000--payablerin:.montHy •installments,and .subject to the hourly rates presented in-her- letter of interest for- this -position. Her duties and responsibilities shall generally follow-the job specifications for- the position transmitted.in-.a'.memorandum::to. the: Council "dated March. 12, 1985. . • SECTION II. Representation' by. outside counsel-other than the town attorney`, deputy town" attorney or; law; firm of., the deputy town""attorney, shall be by Council -resolution:.designating special-counsel-to represent the town in any matters •requiring- speci-alized:'legal.-expertise. SECTION;III. :The manager: shall. advise- the- Council by-memorandum at .its first meeting following the retention of outside ,counsel for -any legal advice -or assistance,:.except•however; the -Council shall:-approve in advance any contract with outside counsel where legal -fees may exceed $2500. Aye: Councilmembers Bos, Hill, Tolbert, Williams and Mayor Sevila Nay: Councilmember Curry' - NEW BUSINESS 85-148 - RESOLUTION - AUTHORIZING THE- CHARGErOFF. OF UNCOLLECTABLE PERSONAL. PROPERTY TAXES ... On a motion by Mrs. Hill and:-.seconded by Mr...Bos the. following resolu- tion was proposed and unanimousl.ynadopted: • WHEREAS, the Code of Virginia 458. 173940 provides for collection of local personal property...taxes: to.:be:enforceable .for only-five years . following December 31 -of the 'year._for•.which:such.- taxes were assessed; and WHEREAS, the town's financial-:records-ccontain„ outstanding- personal , . property. taxes through•-the'-.yeard1972h : . `THEREFORE-, RESOLVED by-the ,Council of the Town of Leesburg in Virginia that the Director of Finance is authorized to charge-off from the town' s financial” records all.outstandings:personal;-proper,ty: taxes for..the years 1972 through 1980. Aye: Councilmemberas;Bos, Curry, Hi11, Tolbert, Williams and Mayor ' Sevila • Nay: None • • AUG14. 14 • MINUTES OF.THE'.AUGUST 14, 1985 MEETING '2 1 85-149 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVINGA PERFORMANCE GUARANTEE FOR INSTALLATION- OF •PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS_FOR. .. ROSESTONE COURT SUBDIVISION ' y On a 'motion by Mrs. Hill and secooded,by Mr. Curry the following reso lution was proposed and unanimously adopted': RESOLVED by the' Councii,: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 Builders of Leesburg, Virginia, for 'installation'of public'• improvements shown on- the plans'.approved by thee' Director' of Engineering-for the' Rosestone` Coui't -Subdivision. SECTION II. The extension of municipal water and sewer works for the Rosestone` Court Subdivision-is approved in- accordance. with Section' 15-9 and. 19-18 of the Town•.Code. SECTION III: ;An icrevocable bank`' lett'er Of credit in a form approved• by the Town Attorney .from Jefferson National Bank.in the amount of $85;780 is approved•as security to guarantee installation of the public improvements N shown on 'plans approved-by. the Director of Engineering'-for Rosestone 'Coart Subdivision. [nAye: ,' Councilmembers •Bos, Curry, Hill, Tolbert, Williams and Mayor Revila • Nay: . None 85-150 - RESOLUTION - RECEIVING AND REFERRING THE. APPLICATION OF R. -' MARSHALL MOIST FOR REVISION OF- THE .ZONING DISTRICT • "r.. MAP TO-THE PLANNING COMMISSION FOR'PUBLIC HEARING UNDER CHAPTER 11; TITLE ' 15. 1 OF. THE -CODE OF VIRGINIA AS- AMENDED, On a motion by Mrs. Hill and• seconded-.by Mr. Bos, the following reso- lution was proposed and unanimously adopted: • • RESOLVED, by the- Council of- the -Town- of Leesburg. inrVirginia as follows: The application of."R.' Marshall. Moist for_ revision of th'e zoning • district map, 'assigned No. 65, is 'received 'and referred'to the'Planning Commission for publio' hearing: and: recommendation;under. Chapter 11 , Title - 15. 1 of the Code of Virginia, as amended . ' ' Aye` Councilmembe'rs; Bos;, Curr'y,:Hill;' To1De'rt, 'Williame',and' Ma'yoc Sevila • Nay: None 85-151 - RESOLUTION - APPROVING A .CONTRACT FOR PUBLIC IMPROVEMENTS AND LETTER OF CREDIT FOR CARDINAL INVESTMENTS TO BUILD THE SANITARY FORCE MAIN. FOR CARDINAL INDUSTRIAL PARK AND ALSO APPROVING-A SEWER EXTENSION PERMIT On a motion by Mrs. Hill .and seconded-by- Mrs. Bos- the following- reso- lution 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 Cardinal Investments for the construction of the sanitary force main: for• Cardinal Industrial Park by. Cardinal Investments of Leesburg,-Virginia.' • . SECTION II. The extension of the municipal sewer works for Cardinal Industrial Park sewer force main is approved in accordance with Section 15-.9 of -the-Town Code.. AUG14. 15 2 2 MINUTES OF THE.AUGUST 14, 1985 MEETING. . SECTION III; .An irrevocable bank' letter of._.credit in. a form approved by the town attorney from -Community Bank and .Trust.of Virginia ^'.in the • amount of $30,000 is approved 'as -security' to -guarantee; installation of the sanitary sewer. force main shown .on -plans approved•.by, the. Director.of. . : Engineering. for Cardinal Investments. Aye: Councilmember,s.;Bos.,.. Curry, Hill, Tolbert, Williams and Mayor • -Sevila ' Nay: None „ • 85-152 -:RESOLUTION - AUTHORIZING PUBLICATION OF NOTICE OF:PUBLIC HEARING ON BOUNDARY. LINE-ADJUSTMENT FOR POTOMAC CROSSING: , • • PLANNED.DEVELOPMENt. . . "" On a moEion-by•Mi.: Williams and. seconded:by Mr. Tolbeit. .the following resolution was -pioposed::-and .unanimously .adopted as amended: F,r RE SOLVED,by the Councilr.of: the. Town.-;of:Leesburg in,Virginia:as .. follows: . . h ,A- notice of. public hearing.to.consider.;a.boundary line adjustment for PotomacCrossing:Planned-Development;., consisting• of 285.3 acres withinthe current corporate ,limits•andh189:9 acres:nowraocated 'outside the corporate .limits, and: generally• located :east-:of- the::Route 15. Bypass. and south of Balls Bluff Road between Route ?15 Bypass' and:the Potomac River shall- be published in the Loudoun:Times. Mirror 'on.:August 22,. _1985 -and August 29, 1985 for public hearing before the Joint Policy Committee of the Town and County on September ' ll; .1985 atr7:00• p.m.: in...the Council Chambers, , 10 Loudoun Street;• SW,. Leesburg; rVirginian . - - - The following addition.was^maderto'the =resolution..-. public hearing "before- the-Joint .Policy-committee"of,the-Townand-County" • Aye: . Councilmembers;.Bos, Curry, Hill, Tolbert; Williams and Mayor Sevila . Nay: None On'motion•of'Mrs. Hill .and"seconded--by Mi. Williams; Council voted unanimously to go -into'.executive' session, in accordance with Section 2. 1-344(a)(6) of the Code of Virgina of 1950, as amended to discuss legal matters regarding -enforcement:of.: the :Zoning,'Ordinance .with Councilmembers present. , Council reconvened with no action taken. On a motion by Mrs. Hill and duly seconded; the meeting was" adjourned. • • • - Mayor • -• ! . . o / • Clerk of % e Council - • AUG14. 16