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HomeMy Public PortalAbout1985_11_13 II 67 MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, NOVEMBER 13, 1985 A regular meeting of the Leesburg Town Council was held in the Town Council Chambers, 10 Loudoun Street, SW Leesburg, Virginia o- November 13, 1985 at 7:30 p.m. The meeting was called to order by the Mayor, with the invocation given by Mr. Tolbert and the Salute to the Flag led by Mr. Curry. Present were Mayor Robert Sevila, Councilmembers Charles Bos, Marylou Hill, Arl Curry, Brian Kelley, John W. Tolbert and Charles Williams; also present were Director of Finance, Paul York; Director of Planning, Zoning and Development, Martha Mason-Semmes; Director of Engineering, Tom Mason; Town Attorney, George Martin and Deputy Town Attorney; Debbie Welsh. On a motion by Mrs. Hill and seconded by Mr. Tolbert it was recommended that the minutes of the special meeting of May 1, 1985 and the minutes of the regular meeting of May 8, 1985 be approved. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and T Mayor Sevila 0) NNay: None N PUBLIC HEARING ON VACATION OFIBUILDING RESTRICTION LINES ON CERTAIN LOTS MW LEESBURG 'COUNTRY CLUB, SECTION IV W ` Q The staff report was given by Martha Mason-Semmes, Director of Planning, Zoning and Development as follows: The request was to vacate a building restriction line of 35'. Phasing of the building restriction line was suggested to a 25' area. Len Lemon, a representative of Yeonas, reported that many of the houses were already further back than 35' and most of the proposed houses would be set back further than 35'. Only those houses set back less than 35' are affected at present. Charles Williams stated that he felt the vacation-of-the setback requirementwas the only solution to this problem. These houses have been built and the developer is making every effort to comply to the setback requirements for the future development. PUBLIC HEARING ON THE NELSON REZONING - ZM-64 • Martha Mason-Semmes explained that ZM-64 was a rezoning request of approximately 10 acres in the airport vicinity on Route 643. The request is to rezone from the current A-3 to PD-IP. The ten acre parcel, because it is smaller than the required minimum for PD-IP, can only be approved if the Richlynn rezoning is approved, as an incremental addition. Marc Weiss of Nova Potomac, representing Mr. Nelson, stated that they felt that this rezoning was in conformance with the draft town plan as recommended by the Planning Commission and that it coordinates well with the other proposed developments in the area. Also this would be good for the economic development of the town which is competing with Eastern Loudoun for new businesses. Some concerns of Mr. Nelson are-the issue of entrances and crossovers on Route 643, the questions of outside storage, and that the town feels that this project will be economically viable for both the developer and the town. Mrs. Hill suggested that the proffer statement include the statement "suitable to the town engineering department" after-the statement "adequate right-of-way", -proffer' #6.. There was some further discussion on easements and rights-of-way in regard to entrances, and also-details as they are pertinent to the Richlynn rezoning request. - - - - - - Alton Echols spoke in favor of this rezoning,- andlstated that the roadway plans should be addressed at this point. Since this roadway is slated to become a major artery in the future, the number of accessways NOV13.1 - 68 MINUTES OF THE NOVEMBER 13, 1985 MEETING need to be limited. A north/south access roadway with only limited entrances onto Route 643 would be an alternative to overloading. The public hearing was closed at this point. On a motion by Mrs. Hill and seconded by Mr. Williams it was recommended that this rezoning request be referred to the Finance and Administration committee meeting. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None COUNCILMEMBER COMMENTS Mr. Bos commented that the Board of Architectural Review met twice in the last few weeks as detailed in the manager's report. There was a conference in Richmond attended by Calloway Jones of the Board and Susan Sherman of the town staff. Mr. Williams praised the leaf collection procedures this year by Grayson's Refuse service. He also mentioned that the sign at Prospect Hills was replaced. Mrs. Hill reported that the Cable Commission had met last evening. The General Manager reported to the Commission that there would be a rate increase of approximately 49 cents per month. This was questioned because of the agreement when the cable operation was bought by Prime Cable. The staff will look into this matter. There were 68 new customers last month. Because there have been more incidents of missies being thrown off the bridges, Mrs. Hill asked if the Utility and Public Works Committee would consider putting the wire protectors along the overpass bridges. Mr. Minor stated that these bridges were under the jurisdiction of VDH&T and that they would look into the possibility of the barriers from VDH&T. Mr. Curry reported that the Planning Commission met last Thursday and held three public hearings; one on Washington Traditional; ZM-67 Cornwall proffers; and a revised sign ordinance. The preliminary plat for .Harvest Square, Lot 4 was approved. The preliminary plat for Davis Avenue town houses was approved, and finally a plat correction from Leesburg Country Club was approved. Mr. Kelley attended the Economic Development Advisory Commission meeting this morning. The state certification process seems to be coming toward a positive end. One of the development areas discussed was the Route 643 corridor. The possibility of*a.business association encompassing all the businesses of the town was discussed. . ' Mr. Tolbert commented on the Airport Commission meeting which is detailed in the manager's activity report. Mr. Tolbert again asked Mr. Minor if anything had been done on the sight problem at the Gibson/Old ' Waterford Road intersection. Mayor Sevila commented on the K-9 training attended by Officers VanGilder and Madigan. The town now has two K-9 units. Potomac Crossing ' issues went to court last week and the judge ruled that. the boundary lines be adjusted incorporating Balls Bluff cemetery and some additional acreage. In reference to Potomac Park, the town will prepare an answer to the County concerning the extension of sewer and water into the western portion of that parcel of land (the parcel west of Goose Creek). Mr. Minor, Williams and I appeared at the Board of Supervisors meeting and read a letter prepared by the Council. NOv13.2 '• 69 MINUTES OF THE NOVEMBER 13, 1985 MEETING • 11 MANAGER'S REPORT 1. Some additional notes to the activity report are as follows: a) On the Route 643 waterline agreement, the staff has prepared a recommendation to the Board of Supervisors to agree to this document as a way to serve the county land on Route 643; b) The Ft. Evans Road project will have field work completed soon and then the work will begin on the curb, gutter and sidewalk. 2. The Rescue Squad has contacted the Town Office regarding relief for Romney, West Virginia. They asked if the Town could donate the box truck to transport supplies to Romney over the weekend. 3. -Recruitment continues for the six vacant positions with the Town. 4. A report from Gorove Slade will be forthcoming on the Catoctin T Circle traffic pattern study. CD 5. Parking meters have been installed at the Vinegar Hill lot but N will not be enforced until construction is complete on Market Station. N UJ Mayor Sevila wanted to add that he met with the Virginia National . CO Guard representatives and stated that they-are actively recruiting to fill the positions in the community. They are presently occupying the old C&P offices on Catoctin Circle until their new facility is complete.- There was a five minute recess at this point. LEGISLATION On a motion by Mrs. Hill and seconded by Mr. Tolbert, the following resolutions were unanimously adopted as consent items: - - 85-197 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS,•RELEASING-•THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE BOND FOR CALLAHAN OFFICE BUILDING WHEREAS, the developer of the Callahan Office Building has completed public improvements in accordance with town standards and specifications and these have been inspected and approved- by the Director of Engineering: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The public improvements for Callahan Office Building pare accepted for public use by the town. SECTION II. The cash bond in the amount of $7,407 is reduced to $7,037 -and a--cash maintenance bond to be in effect for a-period of -one year from this date in the amount of $307- is approved. - - - 85-198- - RESOLUTION - AUTHORIZING PUBLICATION OF A NOTICEOFPUBLIC • HEARING ON REZONING,$ZM-65 BY R. MARSHALL MOIST RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider Rezoning #ZM-65 by R. Marshall Moist -to have rezoned from R-2 to R-3 a 10-acre parcel of land located on the north side of Fort Evans Road and bounded by Heritage Village Limited Partnership on the north; Fisher, Hough, Everhart and BTNB Partnership on the south; Cedar Walk, Section 2, Lots 6-17 on the west and Leesburg Joint Venture on the east, shall be published in the Loudoun Times-M4rior on November 21, 1985 -and November 28,- 1985 for public hearing on December 11, 1985 at 7:30 p.m. in the Council Chambers, 10 West Loudoun, Street, Leesburg, Virginia. NOV13.3 1 70 . • MINUTES OF THE NOVEMBER 13, 1985 MEETING Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None - ' • 85-0-27 - ORDINANCE - AMENDING THE' ZONING'MAP FOR REZONINGAPPLICATION #ZM-62 On a'motion by Mrs. Hill and seconded by Mr. Bos the following 111. ordinance was proposed and'adopted as amended: WHEREAS, Rezoning Application #ZM-62 by Bernard Carlton, Trustee, to rezone 6.8 'acres-of land at the corner' of Fort Evans Road' and"the Route 15 By-pass from County R-2 to Town B-2 was referred by this Council to the Planning Commission on April 10, 1985; and ' - WHEREAS, the Planning Commission held a public hearing on this application on May 16, 1985; and WHEREAS, the Planning Commission recommended to Council approval of this -application on August 1, 1985,' contingent' upon certain proffered conditions and modifications agreed to by the applicant; and • WHEREAS, this Council on September 25, 1985 held a public hearing on the proposed rezoning; and WHEREAS, the applicant amended the original application and proffered conditions on November 5, 1985, to permit a less intensive use than originally proposed; and - - r WHEREAS, it is determined that the proposed amendment, as revised, is in the interest of the public necessity, convenience, general welfare and good zoning practice: . THEREFORE, ORDAINED by the Council of the- Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is amended to revise the Zoning District Map to changefrom• County' R-2 to Town B-1, 6.81245 acres of land located on the east side of Fort Evans Road and bounded by Fort Evans Road 'on'the •north, Route 15 By=pass on the south,- land' of Basil and Mary D. DeLashmutt/Perry M. and Mary Ellen Wolverton on the west, and the Route 15 By-pass on the east, in accordance with a plat prepared by Rodgers Brothers and Associates, Inc., dated September 4, 1985, subject to the following proffered conditions submitted in accordance"with Section 15.1-491.2 of the Code of Virginia as amended: (1) The'overall amount of retail floor area permitted on-site be limited to 35% of the total floor area. (2) Inclusion of the property within an office zoning district when a new zoning ordinance and map 'are adopted, if desired by the Town. (3) 'A minimum of 2O% landscaped open spacebeprovided on-site based on a landscape plan approved by the Land Development Official. (4) The establishment•of- landscaped buffer areas adjacent to the residential areas and the By-pass with the By-pass screen to be approved by the Land' Development Official. . • '(5') ' Inclusion of 5% interior landscaped area with opaque screening to hide parked cars along the public road frontage, along with one street tree'for"every 40 feet of frontage as shown on a landscape plan approved by the Land Development Official. • NOV13.4 '71 li MINUTES OF THE NOVEMBER 13, 1985 MEETING i - - -(6) - The -dedication of five feet-of additional right-of-way 'and construction of road improvements to- Fort Evans Road-as approved by IDirector of Engineering. (7) Improvements to the By-pass necessary to-allow right turns only in and out of Fort Evans Road at its western intersection with the Route I15 By-pass, as discussed by the applicant with the Town of Leesburg and VDH&T or construction of a cul-de-sac on applicant's side of Fort Evans Road as shown on the illustration attached to the signed proffers for @ZM- 62 .dated-November 15, 1985 as directed by. the Town Council. These improvements shall also be guaranteed by the applicant in a form approved by .the Town Attorney at the time of final development plan approval for the first phase of development on this property. (8) Contribution of either 228 or $26,400 of the- cost of the traffic signal at East Market Street and Fort Evans Road, whichever is less. 0) (9) Permitted uses allowed on-site be limited to those listed below: N . . OFFICE USES W Medical Office • • m Business or Professional Offices - - Q - Government Offices - - COMMERCIAL USES 1. No freestanding retail uses - 2. No unenclosed storage 3. Excluding all drive-in and drive-thru uses and- all ' • I24-hour commercial activities, except drive-in banking - . facilities - -. - 4. 'Not to exceed 35% of total floor area r . - Drug Store/Pharmacy - - - - Office Supply - Bank/Savings & Loan - ,Restaurant - Personal Services - Business Services (Printing, Stationery, etc. ) Book Store - Gift Shop - - . . - Clothing Store - Similar uses which are supportive to office uses - RESIDENTIAL USES (None) GOVERNMENT USES - Government Office - Library or Museum SECTION II. This ordinance shall be in effect upon its passage. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams" and Mayor Sevila • Nay: , None 85-0-28 - ORDINANCE - VACATING THE BUILDING RESTRICTION LINE OF SELECTED - LOTS OF THE LEESBURG COUNTRY CLUB SUBDIVISION, SECTION -4' On a• motion by Mrs. Hill and seconded by Mr. Kelley the following resolution was proposed and adopted: - NOV13.5 72 MINUTES OF THE NOVEMBER 13, 1985 MEETING i WHEREAS, it has come to the attention of the Town Council that numerous homes in the Leesburg Country Club Subdivision encroach upon the 35-foot building restriction line; and WHEREAS, these homes comply with all other zoning and subdivision requirements of the Town of Leesburg; and WHEREAS, the Leesburg Planning commission has approved a plat of correction prepared by Dewberry & Davis, Inc. and dated October 1985; and WHEREAS, Dewberry & Davis, Inc. has submitted house locations that ensure that lots adjacent to other sections of the Leesburg Country Club Subdivision will have setbacks that are compatible and exceed 25 feet: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: The 35-foot building restriction line on lots 181 through 217 (inclusive), lots 238 through 263 (inclusive) and lots 273 through 313 (inclusive), of the Leesburg Country Club, Section Four Subdivision shown on the subdivision plat prepared by Payne Associates and recorded at Deed Book 612 on Page 596 and Plat Book 14 on Page 8 among the land records of the Clerk's Office of the Circuit Court for Loudoun County, Virginia is hereby vacated and the Clerk of the Council shall file a certified copy of this ordinance with the Clerk of the Circuit Court for Loudoun County when the appeal period provided by statute has , elapsed. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None Item C on the agenda, a Resolution authorizing a public hearing concerning town approval of tax exempt bond financing by the Suffolk Redevelopment and Housing Authority for Exeter Garden Apartments, was put on continuation for the next Council meeting at the request of the applicant. 85-199 - RESOLUTION - APPROVING THE HOUNDSCHASE MULTI-FAMILY RESIDENTIAL HOUSING DEVELOPMENT FOR VHDA FINANCING On a motion by Mrs. Hill and seconded by Mr. Tolbert, the following resolution was proposed and adopted: WHEREAS, Fralin & Waldron, Inc., have applied to the Virginia Housing Development Authority (VHDA) for conventional financing for 120 multi- familty rental housing units known as Houndschase onproposed,Davis Avenue extended off of Sycolin Road within the Town of Leesburg; and WHEREAS, pursuant to. Section 36-55.39(a) of the Code of Virginia, the VHDA has provided the Town of Leesburg with the opportunity to approve or disapprove the proposed Houndschase project; and WHEREAS, this project as proposed will provide quality rental housing for the citizens of Leesburg: THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Houndschase project is approved by the Town for VHDA financing under the conventional multi-family residential housing development program, provided that financing utilizes Series 1985 bonds. SECTION II. Adoption of this_ resolution does not constitute town approval of the development plan for this project. SECTION III. The Mayor is directed to sign the VHDA Certification of approval, which shall be forwarded to VHDA with this resolution. NOV13.6 '73 MINUTES OF THE NOVEMBER 13, 1985 MEETING After some discussion by Councilmembers Bos, Williams and Mayor. Sevila, the resolution passed as follows: Aye: Councilmembers Bos, Hill, Kelley, Tolbert and Mayor Sevila Nay: Councilmember Curry Abstain: Councilmember Williams 85-200 - RESOLUTION - RELEASING A LETTER OF CREDIT FOR THE MARKET STATION DEVELOPMENT On a motion by Mrs. Hill and seconded by Mr. Bos the following resolution was proposed and adopted: WHEREAS, Market Square Associates delivered a letter of credit from First American Bank in the amount of $250,000 to guarantee successful T completion of Market Station as required by the Lease and Development V/ contract'execued by Town Council and Market Square Associates; and N N WHEREAS, the Market Station development is virtually complete; and MWHEREAS, the issuance of an occupancy permit by the Loudoun County Q Department of Technical Services will insure that the development meets all building code requirements. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is directed to release the $250,000 letter of credit from First American Bank upon issuance of an occupancy permit from the I Loudoun County Department of Technical Services. •Ayer Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None 85-201 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE BOND FOR RODRICK SUBDIVISION On a motion by Mrs. Hill and seconded by Mr. Tolbert the following resolution was proposed and adopted: WHEREAS, the developer of Rodrick Subdivision has completed public improvements in accordance with town standards and specifications and these have been inspected and approved by the Director of Engineering. THEREFORE, RESOLVED by the Council of the Town of Leesburg in ' . Virginia as follows: SECTION I. The public improvements for the Rodrick Subdivision are accepted for public use by the Town. SECTION II. The cash bond in the amount of $2,946.20 is reduced to $148.20 and a cash maintenance bond to be in effect for a period of one year from this date in the amount of $148.20 is approved. _ Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None 85-202 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 3 TO R.F. KLINE, INC. FOR WORK COMPLETED AT THE WASTE- WATER TREATMENT PLANT NOV13.7 74 MINUTES OF THE NOVEMBER 13, 1985 MEETING On a motion by Mrs. Hill and seconded by Mr. Kelley, the following resolution was proposed and adopted: WHEREAS, the contract for improvements at the Wastewater Treatment Plant was awarded to Richard F. Kline, Inc. ; and WHEREAS, Section III of Resolution 85-80 adopted May 22, 1985 by the Council of the Town of Leesburg provides: "The Council at its option will require prior approval of all requisitions for payment under this contract"; and WHEREAS, the contractor has submitted Payment Request No. 3 on October 31, 1985 and Camp, Dresser & McKee has reviewed and approved this request; and WHEREAS, the Director of Engineering has recommended payment of Payment Request No. 3 in the amount of $138,817.80: THEREFORE, RESOLVED by the Council of the.Town of Leesburg in Virginia as follows: Payment in the amount of $138,817.80 ($146,124.00 less 5% retainage) shall be made to R. F. Kline, Inc. for Payment Request No. 3 for the Wastewater Treatment Plant Expansion Project. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams .and Mayor Sevila . • Nay: None 85-203 - RESOLUTION - AUTHORIZING A REQUEST FOR PROPOSAL FOR ARCHITECTURAL AND ENGINEERING SERVICES TO PROVIDE PROGRAMMING, DESIGN AND CONSTRUCTION DOCUMENTS FOR A PUBLIC ' WORKS COMPLEX AT THE WATER POLLUTION CONTROL FACILITY It was moved by Mrs. Hill and seconded by Mr. Bos that the reading of the following resolution be dispensed with and that the resolution be proposed for adoption: • WHEREAS; the present Public Works facility located on a 2.03 acre tract at- the intersection of Liberty and Royal Streets is not large enough to accommodate present Public Works operations; and WHEREAS, existing equipment storage and maintenance facilities at this location are inadequate to maintain and store the equipment necessary to perform critical Public Works functions; and WHEREAS, there is inadequate storage for salt, sand and road construction materials; and WHEREAS, the present site is an abandoned landfill which causes special problems with any future permanent redevelopment of the site; and WHEREAS, this Council appropriated $40,000 in the FY 86 budget for the necessary professional services to locate and design a new Public Works complex; and WHEREAS, a feasibility report submitted by an engineering, public works and utilities staff task force recommends the construction of a Public Works complex on a portion of the 30-acre site of the town's Water Pollution Control Facility; and WHEREAS, the proposed complex should not interfere with future plant expansion for at least. 30 years; and WHEREAS, the Utilities and Public Works Committee has endorsed this proposal because it will: NOV13.8 75 MINUTES OF THE NOVEMBER 13, 1985 MEETING 1. Save at least $750,000 in land acquisition, utility extensions and other associated site development costs. 2. Locate the Public Works complex adjacent to the County PDIP zoning which is an appropriate land use for this area. 3. Maximize the town's tax base by not removing industrial zoned acreage from the town's tax rolls. 4. . Consolidate equipment.maintenance storage and operations at a single location. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to prepare a Request for Proposal from qualified architect/engineers for professional services to T provide programming, design, construction document and construction CD administration services for a new Public Works complex to be located at V the Water Pollution Control Facility. W Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams Cri M - - and Mayor Sevila Q Nay: None 85-204 - RESOLUTION - REVISING THE PROGRAM BUDGET AND APPROPRIATING FUNDS FOR THE SOUTH HARRISON STREET YEAR 3 CAPITAL PROJECTS FUND On a motion by Mrs. Hill and seconded by Mr. Williams, the following resolution was proposed and adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The program budget for the South Harrison Street Year 3 Capital.Project Fund is amended as follows for the successful completion of the project Net Change Prior Revised Increase � I Description Budget Budget (Decrease) Administration $ 40,000 $ 40,000 $ Commercial/Ind.Dev. 316,000 256,000 (60;000) Farmers Market 32,000 32,000 Townhouse Development 85,000 85,000 Park - - 85,000 102,600 17,600 Parking Lot - 84,100 84,100 Total $558,000 $599,700 $ 41,700 SECTION II. The following supplemental appropriations are made to the South Harrison Street Year 3 Capital Projects Fund to reflect the above revisions and shall remain in effect until the project is complete. Account Code - Project.. . Supplemental-Appropriation 9300.700.093.900 Park $17,600 9300.700.094.900 Parking Lot $24,100 Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None NOV13.9 76 MINUTES OF THE NOVEMBER 13, 1985 MEETING - _ APPROPRIATION FOR THE FISAL 85 205 - RESOLUTION - AUTHORIZING AN APPROPRIAT YEAR O 0 ENDING..JUNE 30 1986 FOR ECONOMIC DEVELOPMENT PROMOTIONAL MATERIALS On a motion by Mrs. Hill and seconded by Mr. Kelley the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A supplemental appropriation in the amount of $10,000 is hereby made to Planning, Zoning and Community Development Account No. 8101.300.091. 200, Economic Development Promotional Materials for the fiscal year ending June 30, 1986. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None NEW BUSINESS 85-206 - RESOLUTION - MAKING AN APPROPRIATION FOR TUSCARORA CREEK CHANNEL IMPROVEMENTS On a motion by Mrs. Hill and seconded by Mr. Kelley the following resolution was proposed and adopted: WHEREAS, on June 12, 1985 the Town of Leesburg entered into an agreement with Donald E. Nelson, Trustee, to construct the Tuscarora Creek Channel Improvements; and WHEREAS, the Town of Leesburg agreed to pay $35,000.00 for these improvements: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation is made from the General Fund unappropriated balance to account number 200.4103.700.094, Tuscarora Creek Channel Improvements, in the amount of $35,000.00 for the fiscal year ending June 30, 1986. , .Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None 85-207 _ RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND. APPROVING WATER AND SEWER EXTENSIONS •FOR HARVEST SQUARE On a motion by Mrs. Hill and seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED bythe 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 Harvest Square Associates for installation of public improvements shown on the plans approved by the Director of Engineering for Harvest Square. SECTION II. The extension ofmunicipal water and sewer works for Harvest Square is approved in accordance with Section 15-9 and 19-18 of the Town Code. NOV13.10 ` .77 MINUTES OF THE NOVEMBER 13, 1985 MEETING SECTION III. An irrevocable bank letter of credit in a form approved by the Town Attorney from First American Bank in the amount of the estimated cost of the public improvements, as determined by the Director of Engineering, is approved as security to guarantee installation of the publicimprovements shown on plans approved by the Director of Engineering for Harvest Square. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williamsand Mayor Sevila Nay: None 85-208 - RESOLUTION - AUTHORIZING LOUDOUN COUNTY RESCUE SQUAD, INC. TO USE A TOWN TRUCK FOR TRANSPORT OF FOOD AND EMER- GENCY ITEMS TO ROMNEY, WEST VIRGINIA FOR FLOOD VICTIMS On .a motion by Mrs. Hill and seconded by Mr. Tolbert, the following nQ� resolution was proposed and unanimously adopted: l V RESOLVED by the Council of the Town of Leesburg in Virginia as N follows: W M SECTION I. The manager is authorized to make available Leesburg's Q box truck to the Loudoun County Rescue Squad, Inc. during Saturday and Sunday, November 16 and 17, 1985 for use in transporting food and other emergency assistance for the use of the flood victims in Romney, West Virginia. SECTION II. This resolution is contingent on the Rescue Squad's delivery of an appropriate endorsement insuring the vehicle at current limits during its travel to and from West Virginia. SECTION III. All operating expenses shall be borne by the Rescue Squad.- Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None On a motion of Mr. Kelley, seconded by Mr. Williams, Council voted unanimously to go into executive session in accordance with Section 2.1- 344(a)(6) of the Code of Virginia of 1950, as amended, to discuss potential litigation, with the following present: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams, Mayor Sevila; Staff members Minor, Semmes and Mason, and Town Attorney George Martin and Deputy Town Attorney Debbie Welsh. Council reconvened with no action taken and the meeting was adjourned at this point. Mayor 2 Clerk of ':uncil NOV13.11