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