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HomeMy Public PortalAbout1986_06_25 243' MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 25, 1986 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10, Loudoun Street, SW, Leesburg, Virginia on June 25, 1986 at 7:30 p.m. The meeting was called to order by the Mayor with the invocation given by Mr. Tolbert, followed by the Salute to the Flag led by Zoning Administrator, Mark Nelis. Present were Mayor Robert E. Sevila; Council- members Charles Bos, Arl Curry, Brian Kelley, Jerry Pelkey, John Tolbert, Jr., and Charles Williams. Staff members present were Town Manager, Jeffrey Minor, Director of Planning, Zoning and Development, Martha Mason- Semmes, Director of Finance, Paul York, Director of Engineering and Public Works, Tom Mason, Zoning Administrator, Mark Nelis, Town Attorney, George Martin and Deputy Town Attorney, Deborah Welsh. Also in attendance were Planning Commission Chairman, Lynnwood Lay, Commission members William Webb, Mervin Jackson, James Clem and Marvin Belles. PETITIONERS Mayor Sevila presented a Certificate of Appreciation to David Newell, Station Manager at WRC-TV4 and Community Services Director, Henry Osbourn for featuring Leesburg in their "Live at Five" broadcast of May 8, 1986. "Certificate of Appreciation to WRC-TV4 in appreciation for your U) contribution to the betterment of the Town of Leesburg, the Mayor and Town N Council hereby award this certificate for the "Live at Five" broadcast from N Leesburg, May 8, 1986." The certificate was accepted by David Newell who spoke highly of the treatment he received from our community. W CO JOINT PUBLIC HEARING WITH PLANNING COMMISSION ON HARRISON SQUARE SOUTH a REZONING FROM B-2 TO R-4 MULTI-FAMILY Mayor Sevila asked Planning Commission Chairman, Lynnwood Lay to indicate whether there was a quorum present. He responded that yes, there was a quorum. Mayor Sevila went on to welcome Jim Clem, newest member of the Planning Commission. The staff report was given by Town Manager, Jeffrey Minor. This rezoning was initiated by the Council to assure that the CDBG grant is achieved under its guidelines. One of the features of this grant was to create low to moderate income housing which has been done through the townhouse development in this area. The rezoning is necessary as an ' assurance that this development falls within the zoning regulations of the town. Since there was no comment from citizens in attendance, the public hearing was closed at this point. A motion was made by Mr. Williams that Council take action on this item this evening after the Planning Commission has made its recommenda- tion. Mr. Minor indicated that no legislation had been prepared to adopt this and that it could not be prepared this evening. The previous motion was withdrawn by Mr. Williams who then moved that this matter be deferred to the Finance and Administration Committee meeting of July 1, 1986. The motion was seconded by Mr. Kelley. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None The Mayor then invited the Planning Commission to deliberate on this issue at this time so that their recommendation could be presented to the Finance and Administration Committee. PUBLIC HEARING ON ADMENDMENTS TO THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING BONDING REQUIREMENTS Zoning Administrator Mark Nelis presented the staff report on this issue as follows: Because of lack of clarity in procedures for the requirement of public improvements in subdivisions and developments, this legislation, consistent with the State Code,expands present regulations and addresses bonding of improvements in subdivisions and developments, proffered improvements during rezoning and conditions imposed by the Board of Zoning Appeals. 244 MINUTES OF THE JUNE 25, 1986 MEETING Another item that was added is that banks issuing bonding must be insured by the Federal Savings and Loan Insurance Corporation. Allowing the Planning Commission to administratively approve public improvements under $10,000 is also proposed. At this point the Planning Commission returned from their deliberations and recommended approval of the rezoning of Harrison Square South from B-2 to R-4, multi-family. Since there was no public comment on the issue of the bonding require- 1 ments, the public hearing was closed at this time. On a motion by Mr. Williams and seconded by Mr. B�os1ry(�it was e/j recommended that this matter be referred to the FinancAdministration Committee meeting of July 1 for further consideration. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None • PUBLIC HEARING ON VACATION OF A PORTION OF OLD ROUTE 621 Martha Mason-Semmes reported that this item concerns vacation of a portion of right-of-way of a piece of Route 621. This is located near the intersection of Davis Avenue and South King Street. This right-of-way was left after the road was relocated. There is no public purpose served by maintaining this right of way. Judge Carlton Penn the landowner of the area concerned, thanked the staff for their recommendation on this matter. Since there was no further public comment on this matter, the public hearing was closed at this point and referred to Council level for discussion. On a motion by Mr. Tolbert and seconded by Mr. Williams, it was recommended that the following ordinance be considered at this point, though out of order, to make final decision on this matter. 86-0-26 - ORDINANCE - VACATING A PORTION OF OLD ROUTE 621 On a motion by Mr. Williams and seconded by Mr. Kelley, the following ordinance was proposed and unanimously adopted: WHEREAS, an application for vacation of a portion of Old Virginia Route 621 right-of-way, comprising 5,427 square feet and located between South King Street and the relocated section of Route 621 north of the Route 7 Bypass, as shown on a plat dated April 18, 1986, by Bengtson, DeBell, Elkin and Titus, was filed by Carleton Penn and Lucas D. Phillips on May 14, 1986; and WHEREAS, a public hearing on the proposed vacation was advertised and conducted pursuant to Section 15.1-364 of the 1950 Code of Virginia, as amended, on June 25, 1986; and WHEREAS, the vacation of this portion of Old Route 621, which is no longer needed for public street purposes, will not adversely affect the public health, safety or general welfare: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A portion of Old Virginia Route 621, comprising 5,427 square feet and located between South King Street and the relocated srction of Route 621 north of the Route 7 Bypass, as shown on a plat dated April 18, 1986, by Bengtson, DeBell, Elkin & Titus, is vacated pursuant to Section 15.1-364 of the 1950 Code of Virginia, as amended. MINUTES OF THE JUNE 25, 1986 MEETING 24 5 SECTION II. The mayor shall execute a quit-claim deed on behalf of the town releasing any rights, title and interest the town may have in the portion of Old Route 621 right-of-way vacated herein. SECTION III. The clerk shall provide the applicant with a certified copy of this ordinance to be recorded by the applicant among the land records of Loudoun County. SECTION IV. This ordinance shall be in effect upon its passage. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None COUNCILMEMBER COMMENTS Mr. Bos presented a brief report on Board of Architectural Review T activity regarding last Friday's training session; also a subcommittee was CD appointed to review the historic district portion of the zoning ordinance N that was prepared by staff. N W Mr. Williams was among several representatives that went to Washing- CO ton to lobby for the transfer of ownership of National and Dulles Airports. He was hopeful that their efforts would be successful. He also attended the BAR training session and felt it was very informative. Mr. Curry reported on Planning Commission activity as follows: approval of a development plan along East Market Street with conditions which include rights-of-way for road widening and improvements in the area. This is in the vicinity of the present Melodee Music store. Setbacks on a major thoroughfare should be more precisely addressed. They also are recommending approval of rezoning ZM-73 which is a 16 lot subdivision on Lawson Road, with conditions. Final development plans for Prosperity Center were also approved. Mr. Tolbert also attended the lobbying efforts for the transfer of ownership of the airports. He stated that the House Subcommittee met yesterday and the first block of opposition from the legislator from California was presented. He had hopes that this would not deter the decision on this transfer bill too much. In an unrelated matter Mr. Tolbert reported that he had seen a tank truck filling up with water and he wanted to know if this water was being paid for by the company. Mr. Minor stated that he would look into this. Mayor Sevila commented that the Bluemont Concert series recently kicked off its 1966 schedule last Sunday. The program was excellent and the crowd was relatively large. The Council will need to schedule an organizational meeting which is always held after .the 1st of July. The Mayor is suggesting a July 1 meeting following the scheduled Finance and Administration Committee meeting. MANAGER'S REPORT The Attorney General's Opinion has been received regarding the levying of the transient occupancy tax in Leesburg. This opinion ruled in the town's favor which means the county must stop collecting their tax in the town limits once the town tax goes into effect. The Carr tank has been repainted and put back into operation. 173 acres have been dedicated to the Park Authority in the Potomac Crossing Development. This will be recorded in the land records office of Loudoun County. The dedication was part of a proffer requirement for this particular development. 1 248 MINUTES OF THE JUNE 25, 1986 MEETING At this point there was a five minute recess. The Mayor called the meeting back to order LEGISLATION On a motion by Mr. Kelley and seconded by Mr. Williams, the following ordinances and resolutions were proposed and unanimously adopted: 86-0-27 - ORDINANCE - AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING REVISED PAY AND CLASSIFICATION PLAN ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 12.1-10 of the Town Code, Classification of town employees by occupational group and pay grades, is amended to read as follows: Sec. 12.1-10. Classification of Town Employees by occupational groups and pay grades. Employees in the town service are classified in the following occupational groups and pay grades: Occupational Pay Groups Positions Grade Executive-Managerial Zoning Administrator/Land Develop- ment Planner 17 Director of Utilities 21 Director of Finance 21 Director of Engineering and Public Works 23 Assistant Director of Engineering and Public Works 21 Director of Planning, Zoning & Development 21 Assistant Town Manager 20 Law Enforcement Parking Meter Attendant 5 " Police Private 13 Private First Class 14 Corporal 15 Sergeant 16 Lieutenant 17 Captain 18 Chief of Police 20 Administrative-Clerical Receptionist/Secretary 6 Secretary 7 " Police Clerk 8 Accounting Clerk I 8 Accounting Clerk II 9 " Administrative Assistant 9 Zoning & Development Assistant 11 Executive Secretary 10 Accounting Supervisor 10 Clerk of Council 10 Deputy Clerk of Council/Planning Secretary 7 Supervisory Shop Superintendent 15 Water Supply Superintendent 16 " Street Superintendent 16 Utility Lines Superintendent 16 WPCF Superintendent 16 Technical Utility Maintenance Assistant 7 Senior Equipment Operator 10 Finance Technician 9 " Utility Plant Operator Assistant 8 MINUTES OF THE JUNE 25, 1986 MEETING '2 47 Occupational Pay Groups Positions Grade Technical Assistant Street Superintendent 11 WPCF or Water Operator A 11 " WPCF or Water Operator B 10 Asst. Utility Lines Superintendent 11 Utility Plant Maintenance Foreman 12 Chemist 12 " Capital Projects Coordinator 15 Assistant WPCF Superintendent 12 Facility Inspector 14 Professional Engineer II 17 Principal Planner 17 " Planner I 14 Construction/Maintenance Laborer 6 Maintenance Person 7 Laborer, Part-time 4 " Mechanic 9 Fa) N SECTION II. Section 12.1-15 of the Town Code, being the pay grades N for compensation of employees in the town service, is amended to read as follows: CO Sec. 12.1-15. Pay grades and steps. Q The pay grades for compensation of employees in the town service are as follows: Grade Range 4 $10,032-15,061 ' 5 10,735-16,116 6 11,492-17,252 7 12,303-18,468 8 13,168-19,766 9 14,061-21,091 10 15,034-22,551 11 16,089-24,120 12 17,224-25,823 13 18,441-27,662 14 19,739-29,609 15 21,118-31,691 16 22,605-33,908 17 23,201-36,288 18 25,904-38,856 19 27,716-41,588 20 29,663-44,508 21 31,745-47,617 22 33,962-50,943 23 36,342-54,513 SECTION III. All prior ordinances in conflict herewith are repealed. SECTION IV. This ordinance shall be effective for payrolls in the fiscal year beginning July 1, 1986. 86-123 - RESOLUTION - ESTABLISHING POSITIONS AND NUMBERS OF EMPLOYEES IN THE TOWN'S SERVICE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The following positions and numbers of employees in the town service are established for the fiscal year beginning July 1, 1986. 248 MINUTES OF THE JUNE 25, 1986 MEETING Number of Full-Time Equivalent Positions Authorized Employees Authorized LEGISLATIVE DEPARTMENT Clerk of Council 1 Deputy Clerk (Part Time) .5 EXECUTIVE DEPARTMENT Manager 1 Assistant Town Manager 1 Executive Secretary 1 Receptionist/Secretary, part-time .5 Administrative Assistant 1 Temporary .25 FINANCE DEPARTMENT Director of Finance 1 Accounting Supervisor 1 Accounting Clerk I 2 Accounting Clerk II 1 Finance Technician 1 POLICE DEPARTMENT Chief of Police 1 Captain 1 Lieutenant 2 Sergeant/Investigator 4 Corporal 4 Private, 1st Class 5 Private 5 Police Clerk 1 Parking Meter Attendant 1 ENGINEERING AND PUBLIC WORKS ADMINISTRATION Director of Engineering & Public Works 1 Assistant Director of Engineering & Public Works 1 Administrative Assistant 1.5 ENGINEERING AND INSPECTIONS Capital Projects Coordinator 1 Engineer II 2 Facility Inspector 3 Streets, Buildings and Grounds Division Superintendent 1 Assistant Superintendent 1 Maintenance Person 6 Laborer 6 Laborer, temporary 1 Equipment Maintenance Division Superintendent 1 Senior Equipment Operator 1 Mechanic 2 Laborer 1 MINUTES OF THE JUNE 25, 1986 MEETING 249 Number of Positions Authorized Employees Authorized PLANNING, ZONING AND DEVELOPMENT Director of Planning, Zoning & Development 1 Zoning Administrator/Land Development Planner 1 Zoning and Development Assistant 1 Principal Planner 1 Planner I 1 Secretary .5 Receptionist/Secretary .5 UTILITIES Water and Sewer Administration Director of Utilities 1 Chemist 1 Maintenance Foreman 1 T Administrative Assistant .5 N Maintenance Assistant 1 N W Water Pollution Control Division CO Superintendent 1 Assistant Superintendent 1 Operator A 2 Operator B 1 Operator Assistant 1 Laborer 1 Laborer, part-time .25 Water Supply Division Superintendent 1 Operator A 2 Operator B 1 Operator Assistant 1 Laborer, temporary .25 Utility Lines Division Superintendent 1 Assistant Superintendent 1 Maintenance Person 2 Laborer 4 Laborer, temporary .25 TOTAL PERSONNEL AUTHORIZED Full Time 97 Part-time or temporary (expressed as equivalent to full time of total staffing complement) 8 86-0-28 - ORDINANCE - AMENDING THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING PUBLIC UTILITY EASEMENTS WHEREAS, on March 6, 1986, the Leesburg Planning Commission recommended that Council initiate amendments to Section 13-61 and 13-76 of the Subdivision and Land Development Regulations to require that all public utility easements be illustrated on final subdivision plats in order to ensure that public utility easements are generally located along rear lot lines or within the public right-of-way; and WHEREAS, the Council initiated these amendments on March 26, 1986; and 250 MINUTES OF THE JUNE 25, 1986 MEETING WHEREAS, a joint public hearing was held by the Council and Planning Commission regarding these amendments on April 23, 1986, in compliance with Section 15.1-431 of the Code of Virginia, as amended; and WHEREAS, the Planning Commission on May 1, 1986, recommended to Council, approval of the proposed amendments with modifications; and WHEREAS, these amendments are in the best interest of the public health, safety and welfare: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 13-61 of the Leesburg Subdivision and Land Development Regulations is amended to read as follows: Sec. 13-61. Required Contents of Subdivision Plats. (c) Final plat contents (16) Location of public utility easements to provide water, sanitary sewer, electrical, telephone, cable television and/or natural gas service through the subdivision and to individual lots, as provided in Sec. 13-76. The applicant shall provide documentation from the respective utility providers that such easement locations are acceptable and appropriate. SECTION II. Section 13-76 of the Leesburg Subdivision and Land Development Regulations is amended to read as follows: Sec. 13-76. Easements. (a) Easements shall be provided where necessary for sanitary sewer, water mains, gas mains, electrical lines, telephone lines, cable television lines and other necessary services. Water, sanitary sewer and gas lines may be located within the public right-of-way. Telephone, electric and cable television easements shall be centered along rear property lines unless another location is deemed more appropriate by the Planning Commission. Utility easements along rear lot lines should be a minimum of 15 feet wide, or 20 feet wide where lot lines adjoin. The location of all such easements shall be indicated on final subdivision plats, as provided 1 in Sec. 13-61. SECTION III. All prior ordinances in conflict herewith are repealed. SECTION IV. This ordinance shall be in effect upon its passage. 86-124 - RESOLUTION - AUTHORIZING A STORM SEWER LICENSE AGREEMENT WITH THE NORTHERN VIRGINIA REGIONAL PARR AUTHORITY AND RAYMOND C. HAWRINS CONSTRUCTION, INC. WHEREAS, the storm drainage improvements approved for the Tudor Knolls Phase II development require a storm sewer easement across the W&OD bike trail which is owned by the Northern Virginia Regional Park Authority; and WHEREAS, the Town of Leesburg will be responsible for the maintenance of the storm sewer culvert which crosses the W&OD bike trail; and WHEREAS, permission to construct and maintain the required storm drainage facilities across the W&OD bike trail will necessitate a three party storm sewer license agreement: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: MINUTES OF THE JUNE 25, 1986 MEETING 2 5 1:: The Mayor is authorized to sign, on behalf of the town, the storm sewer license agreement transmitted in a memorandum to the Council dated June 13, 1986 in a form approved by the town attorney. 86-125 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON PROPOSED ZONING MAP AMENDMENT ZM-76--A.C. ECHOLS, JR. , AND J. LYNN CORNWELL, JR. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider rezoning application 02M-76, by A. C. Echols, Jr., and J. Lynn Cornwell, Jr., to revise the Leesburg Zoning District Map to rezone from R-3 (townhouse) to B-2 (general business) and R-4 (multi-family), 818 acres of land located south of the intersection of Shenandoah Street, SW, and Roanoke Drive and bounded by Virginia Knolls, Section 2 on the northeast, the land of NV Land on the south, the land of Hakim Associates on the west and the land of Leesburg Gateway and Leesburg Station on the east, shall be published in the Loudoun U) Times Mirror on July 24, 1986, for public hearing on August 13, 1986 at N 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg, N Virginia. WCO 86-126 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON PROPOSED Q ZONING MAP AMENDMENT ZM-71--SYDNEY E. ALBRITTAIN, TRUSTEE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider rezoning application UM-71, by Sydney E. Albrittain, Trustee, to revise the Leesburg Zoning District Map to rezone from A-3 to Town B-1, 8.4247 acres of land located on the south side of Clubhouse Drive and west of Route 15 (South King Street) on a portion of the land of the Leesburg Westpark Motel and golf course shall be published in the Loudoun Times Mirror on July 3, 1986 and July 10, 1986 for public hearing on July 23, 1986 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-0-29 _ ORDINANCE - AMENDING THE CODE OF THE TOWN OF LEESBURG, VIRGINA AS AMENDED, BY THE ADDITION OF ARTICLE V "TRANSIENT OCCUPANCY TAX", TO CHAPTER 17 "TAXATION AND LICENSES" On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following ordinance was proposed and unanimously adopted: WHEREAS, the Town of Leesburg under Paragraph 3.1 of its Charter and Paragraph 15.1-841, Code of Virginia (1950) , as amended, is authorized to enact taxes on property and other lawful subjects such sums of money as in the judgment of the Town Council are necessary to pay the debts, defray the expenses, accomplish the purposes and perform the functions of the town; and WHEREAS, Paragraph 58.1-3840, Code of Virginia (1950), as amended, and the aforesaid authority, the town is authorized to levy a tax upon each transient obtaining lodging within the town; and WHEREAS, this Council deems the levy of such a tax on transient lodging necessary to pay the debts, defray the expenses, accomplish the purposes and perform the functions of the town; and WHEREAS, a public hearing was held on June 11, 1986 as required by the Town Code: 252 MINUTES OF THE JUNE 25, 1986 MEETING THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Code is amended by adding an article to be numbered Article V which said article reads as follows: ARTICLE V. TRANSIENT OCCUPANCY TAX Section 17-111. Definitions. For the purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section unless the context clearly indicates a different meaning: (a) Director of Finance. The Director of Finance of the Town of Leesburg and any of his duly authorized agents. (b) Hotel. Any public or private hotel, inn, hostelry, tourist home or house, motel, rooming house or other lodging place within the town, offering lodging, as defined in this section, for compensation to any transient, as hereinafter defined in this section. (c) Lodging. Room or space furnished any transient. (d) Person. Any individual, corporation, company, association, firm, co-partnership, or any group of individuals acting as a unit. 1 (e) Transient. Any person who, for a period of not more than ninety consecutive days, either at his own expense or at the expense of another obtains lodging or the use of any space at any hotel, for which lodging or use of space a charge is made. Section 17-112. Tax Imposed; Amount. There is hereby imposed and levied, in addition to all other taxes and fees of every kind imposed by law, on each transient obtaining lodging or the use of space at any hotel, a tax at a rate of three percent of the total amount paid for such lodging or the use of space by or for any such transient to any hotel. Such tax shall be collected from such transient at the time and in the manner provided by this article. Section 17-113. Collection from Transients; When Payable. Every person receiving any payment for lodging or the use of space with respect to which a tax is levied under this article shall collect the amount of such tax so imposed from the transient on whom such tax is levied, or from the person paying for such lodging, at the time payment for such lodging is made. The taxes required to be collectd under this article shall be deemed to be held in trust by the person required to collect such taxes until the same shall have been remitted to the Director of Finance. Section 17-114. Reports and Remittances. The Director of Finance shall require all prospective hotels licensed to do business in the town to register for collection of the tax imposed by this article. Every hotel shall make a report to the town for each calendar quarter, showing the amount of charges collected for room receipts and the amount of tax required to be collected. The quarterly reports shall be made on forms prescribed by the Director of Finance and shall be delivered to the Director of Finance on or before the twentieth day of the calendar month following the quarter being reported. Each report shall be accompanied by a remittance of the amount of tax due, made payable to the town. Section 17-115. Discount. For the purpose of compensating individuals for the collection of the tax imposed by this article, every individual shall be allowed five percent of the amount of the tax due and accounted for in the form of a deduction 253 MINUTES OF THE JUNE 25, 1986 MEETING on his or her quarterly return; provided, the amount due is not delinquent at the time of payment. Section 17-116. Penalty and Interest for Nonremittance. If any person shall fail or refuse to report or remit to the Director of Finance the tax required to be collected and paid under this article within the time and in the amount as provided for in this article, there shall be added to such tax by the Director of Finance, a penalty in the amount of ten percent thereof and interest thereon at the rate of ten percent per annum, which shall be computed upon the tax and penalty from the date such taxes were due and payable. Section 17-117. Failure to Collect and Report Tax. If any person shall fail or refuse to collect the tax imposed under this article and to make within the time provided in the article, any report and remittance required, the Director of Finance shall proceed in vJ such manner as he may deem best to obtain facts and information on which to base the tax due. As soon as the Director of Finance shall secure the facts V^ ' and information as he is able to obtain upon which to base the assessment � of any tax due and payable by any person who has failed or refuses to COcollect such tax, and to make such report and remittance, he shall proceed W to determine and assess against such person such tax and penalty and Q interest as provided for in this article, and shall notify such person by registered mail, sent to his last place of known address, the amount of such tax and penalty and interest, and the total amount thereof shall be payable within ten days of mailing such notice. The Directorof Finance shall have the power to examine such records for the purpose of administering and enforcing the provisions of this article as are provided by law. 111 Section 17-118. Records; Inspection by Director of Finance. It shall be the duty of every person liable for the collection and payment to the town of any tax imposed by this article to keep and preserve for a period of two years, such suitable records as may be necessary to determine the amount of such tax as he may have been responsible for collecting and paying to the town. The Director of Finance shall be authorized to examine such records at reasonable times without unreasonable interference with the business of such person, for the purpose of administering and enforcing the provisions of this article. Section 17-119. Cessation of Business; Tax Due Immediately. Whenever any person required to collect and pay to the town a tax imposed by the article shall cease to operate, go out of business, or otherwise dispose of his business, any tax then payable to the town shall become immediately due and payable and such person shall immediately make a report and pay the tax due to the Director of Finance. Section 17-120. Advertising payment or absorption of tax prohibited. No hotel shall advertise or hold out to the public in any manner, directly or indirectly, that all or any part of a tax imposed under this article will be paid or absorbed by the seller or anyone else, or that the seller or anyone else will relieve any purchaser of the payment of all or any part of the tax. Section 17-121. Exceptions. No tax shall be payable hereunder with respect to any payment for lodging or the use of space paid by or for any federal, Commonwealth of Virginia, or Town of Leesburg official or employee when on official business. 254 MINUTES OF THE JUNE 25, 1986 MEETING Section 17-22. Violations; Penalty It shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of this article. Any conviction of violation of any of the provisions of this article shall be punishable by a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00), or imprisonment for up to thirty (30) days, or both. Each day any such violation of the provisions of this article shall continue shall constitute a separate offense. Section 17-123. Regulations. (1) The Director of Finance may issue regulations for the adminis- tration and enforcement of this article not in conflict with this article. (2) The provisions of this article are hereby declared to be severable. If any clause, sentence, paragraph, or part of this article shall for any reason be adjudged to be invalid, such invalidity shall not affect the parts which are not adjudged invalid. SECTION II. All prior ordinances and resolutions in conflict herewith are repealed. SECTION III. This ordinance shall become effective July 1, 1986. By a roll call the vote on this ordinance was as follows: Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 30 86-0-32 - ORDINANCE - AMENDING THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, AS AMENDED, BY THE ADDITION OF ARTICLE IV "MEALS TAX" TO CHAPTER 117 "TAXATION AND LICENSES" IN ORDER TO IMPOSE A TAX ON PREPARED FOODS SERVED IN RESTAURANTS OR ELSEWHERE AND BY CATERERS On a motion by Mr. Williams and seconded by Mr. Kelley, the following ordinance was proposed and adopted: WHEREAS, the Town of Leesburg, under paragraph 3-1 of its Charter and paragraph 15.1-841, Code of Virginia (1950), as amended, is authorized to enact taxes on property and other lawful subjects as in the judgment of the Town Council are necessary to pay the debts, defray the expenses, accomplish the purposes and perform the functions of the town; and WHEREAS, under paragraph 58.1-3840, Code of Virginia (1950) as amended, and the aforesaid authority, the town is authorized to levy a tax upon prepared food consumed within the town; and WHEREAS, this Council deems the levy of such a tax on prepared food necessary to pay the debts, defray the expenses, accomplish the purposes and perform the functions of the town; and WHEREAS, a public hearing was held on June 11, 1986 as required by the Town Code: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Code is amended by adding an article to be numbered Article IV, which said article reads as follows: MINUTES OF THE JUNE 25, 1986 MEETING 255 ARTICLE IV - MEALS TAX Section 17-95. Definitions For the purposes of this article the following words or phrases shall have the meanings respectively ascribed to them by this section: Caterer. A person who furnishes meals on the premises of another, for compensation. Director of Finance. The Director of Finance of the Town of Leesburg and any of his duly authorized agents. Meals. Any prepared food and food and drink, including alcoholic beverages offered or held out for sale by a restaurant or caterer for the purpose of being consumed by an individual or group of individuals along with prepared food at one time to satisfy the appetite. All such food and food and drink shall be included, whether intended to be consumed on the 101 seller's premises or elsewhere, whether designated as breakfast, lunch, dinner, supper or by some other name, and without regard to the manner, N time or place of service. N Restaurant. Any place or thing in the town from which or in which CO meals are sold, including but not limited to places of business known as W bars, cafes, cafeterias, coffee shops, clubs, delicatessens, diners, dining Q rooms, eateries, grills, lunch counters, restaurants, snack bars, grocery stores, convenience stores, vending machines and places where vending machines are located. "Restaurant" also means push carts or other mobile facilities from which meals are sold or furnished. Seller. Any person, including a restaurant owner and caterer, who sells or offers for sale a meal, and who is required to have a restaurant operator's permit issued by the Loudoun County Department of Environmental 111 Health. Section 17-96. Levy of Tax In addition to all other taxes and fees of any kind now or hereafter imposed by law, a tax is hereby imposed and levied on each and every purchaser of each and every meal served, sold or delivered in the town by a restaurant or caterer at the rate of two percent of the amount paid for the meal. There shall be no tax if the total amount paid is fifty cents or less; on larger amounts a fractional cent of tax due shall be rounded to the next higher cent. Section 17-97. Payment and collection of tax. The tax shall be collected by the seller and paid by the purchaser at the time the charge for the meal becomes due and payable, whether payment • is to be made in cash or on credit by means of a credit card or otherwise. The seller shall add the tax to the amount charged for the meal, and shall pay the taxes collected to the town as provided in this article. Section 17-98. Collections in trust for the town. All amounts collected by the seller as taxes under this article shall be deemed to be held in trust by the seller collecting them until remitted to the town as provided by this article. Section 17-99. Reports and Remittances. The Director of Finance shall require all prospective sellers of meals licensed to do business in the town to register for collection of the tax imposed by this article. Every seller shall make a report to the town for each calendar quarter, showing the amount of charges collected for meals and the amount of tax required to be collected. The quarterly reports shall be made on forms prescribed by the Director of Finance and shall be signed by the seller. The report shall be delivered to the Director of 256 MINUTES OF THE JUNE 25, 1986 MEETING Finance on or before the twentieth day of the calendar month following the quarter being reported. Each report shall be accompanied by a remittance of the amount of tax due, made payable to the town. Section 17-100. Discount. For the purpose of compensating sellers for the collection of the tax imposed by this article, every seller shall be allowed five percent of the amount of tax due and accounted for in the form of a deduction on his or her quarterly return; provided, the amount due is not delinquent at the time of payment. Section 17-101. Penalty and Interest. If any person whose duty it is to do so shall fail or refuse to make the report or remit the tax required by this article within the time and in the amount required, there shall be added to the tax by the Director of Finance a penalty in the amount of ten percent of the tax, and interest thereon at the rate of ten percent per annum, which shall be computed upon the tax and penalty from the date such were due and payable. Section 17-102. Procedure when tax not reported or collected. If any person whose duty it is to do so shall fail or refuse to collect the tax imposed under this article and make timely report and remittance thereof, the Director of Finance shall proceed in such manner as is practicable to obtain facts and information on which to base an estimate of the tax due. As soon as the Director of Finance has procured whatever facts and information may be obtainable, upon which to base the assessment of any tax payable by any person who has failed to collect, report or remit such tax, the Director of Finance shall proceed to determine and assess against such nerson the tax, penalty and interest provided in this article, and shall notify the person by registered mail sent to his or her last known address, of the amount of such tax, penalty and interest. The total amount thereof shall be payable ten days after the date such notice is sent. Section 17-103. Preservation of records. It shall be the duty of every person liable for collection and remittance of the taxes imposed bythis article to preserve for a period of two years records showing all purchases taxable under this article, the amount charged the purchaser for each such nurchase, the date thereof, the taxes collected thereon and the amount of tax required to be collected by this article. The Director of Finance shall be authorized to examine such records at reasonable times and without unreasonable intereference with th- business of such person, for the purpose of administering and enforcing the provisions of this article and to make transcripts of all or any parts thereof. Section 17-104. Duty of person going out of business. Whenever any person required to collect and remit to the town any tax imposed by this article shall cease to operate or otherwise_dispose of his or her business, the tax shall immediately become due and payable, and the person shall immediately make to the Director of Finance a report and remittance thereof. Section 17-105. Advertising payment or absorption of tax prohibited. No seller shall advertise or hold out to the public in any manner, directly or indirectly, that all or any part of a tax imposed under this article will be paid or absorbed by the seller or anyone else, or that the seller or anyone else will relieve any purchaser of the payment of all or any part of the tax. MINUTES OF THE JUNE 25, 1986 MEETING 257 Section 17-106. Tips and service charges. Where a purchaser provides a tip for any employee of a seller, and the amount of the tip is wholly in the discretion of the purchaser, the tip is not subject to the tax imposed by this article, whether paid in cash to the employee or added to the bill and charged to the purchaser's account, provided, in the latter case, the full amount of the tip is turned over to the employee by the seller. An amount or percentage, whether designated as a tip or a service charge, that is added to the price of a meal by the seller, and required to be paid by the purchaser, is a part of the selling price of the meal and is subject to the tax imposed by this article. Section 17-107. Exemptions. The following classes of transactions involving meals shall not be subject to tax under this article: (a) Meals furnished by restaurants to employees as part of their ^ ' compensation when no charge is made to the employee. l VC\.1 V' (b) Meals sold by public or private elementary or secondary schools WW to their students or employees. (c) Meals furnished by a hospital, medical clinic, convalescent home, nursing home, home for the aged, infirm or handicapped or other extended care facility to patients or residents thereof. (d) Meals furnished by a non-profit charitable organization to elderly, infirm, handicapped or needy persons in their homes or at central locations. 111 (e) Meals sold by a non-profit educational, religious, charitable or benevolent organization on an occasional basis as a fund- raising activity. (f) Any other sale of a meal which is exempt from taxation under the Virginia Retail Sales and Use Tax Act, or administrative rules and regulations issued pursuant thereto. Section 17-108. Enforcement. (a) It shall be the duty of the Director of Finance to ascertain of every seller in the town, liable for the collection of the tax imposed by this article, who fails, refuses or neglects to collect such tax or to make the reports and remittances required by this article. The Director of Finance may have issued a summons for such person, and the summons may be served upon such person by any town police officer in the manner provided by law and the Director of Finance may seek a conviction or other civil remedy, including injunction, against such person. (b) In the event the purchaser of any meal refuses to pay the tax imposed by this article, the seller may call upon the police department for assistance; and the investigating officer may, when probable cause exists, issue the purchaser a summons returnable to the general district court as provided by law. Section 17-109. Violations. It shall be unlawful and constitute a misdemeanor for any person to violate any of the provisionsOof this article. Any conviction or violation of any of the provisions in this article shall be punishable by a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) , or imprisonment for up to thirty (30) days, or both. Each day 258 MINUTES OF THE JUNE 25, 1986 MEETING any such violation of the provisions of this article shall continue constitutes a separate offense. Section 17-110. Regulations. The Director of Finance may issue regulations for the administration and enforcement of this article not in conflict with this article. SECTION II. The provisionsof this article are hereby declared to be severable. If any clause, sentence, section or part of this ordinance shall for any reason be adjudged to be invalid, such invalidity shall not affect the parts which are not adjudged to be invalid. SECTION III. All prior ordinances and resolutions in conflict herewith are repealed. SECTION IV. This ordinance shall become effective January 1, 1987. The mayor commented that many restaurant owners are relieved that at least this is not going into effect until after the turn of the year. It will, of course, mean more detailed bookkeeping for the establishments. Mr. York, Director of Finance, added that the town will be willing.to help the establishments in any way it can. By roll call vote the ordinance was adopted as follows: Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Williams and Mayor Sevila Abstain: Councilmember Tolbert Nay: None 86-127 -. RESOLUTION - APPROVING THE BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1987 On a motion by Mr. Tolbert and seconded by Mr. Williams, the following resolution was proposed and adopted: I WHEREAS, the budget and tax rate for the fiscal year ending June 30, 1987 have been presented and reviewed by this Council; and WHEREAS, this Council approved a tentative budget and tax rate for the fiscal year ending June 30, 1987; and WHEREAS, a public hearing on the tentative budget and tax rate was held on May 28, 1986; and WHEREAS, the manager has prepared the Revised Budget and Initial Appropriations for the fiscal year ending June 30, 1987 dated June 25, 1986 and filed the same with the Clerk of Council: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The revised Budget dated June 25, 1986 amended to reflect adjustments contained in a memorandum to the Council dated June 13, 1986 is adopted and appropriations are made for the fiscal year ending June 30, 1987 in the amounts shown to the categories and accounts under the "FY 1987 Initial Appropriations" column for the general, utility, airport, and capital projects funds, provided that capital project fund appropriations remain in effect until the projects are completed. SECTION II. The manager is authorized oto transfer appropriations made herein to operations and maintenance accounts within the same budget division. MINUTES OF THE JUNE 25, 1986 MEETING 259 Mr. Williams commended the staff for the fine job they did in the preparation of the budget and also for the in-depth meetings that explained the reasons for various budget items. He feels that the constituents are in support of the budget and he gives the budget his support. Mr. Kelley has some reservations in this budget in the area of capital improvements and thanked the staff for going to great lengths to discuss the areas of concern with him. He again has some question about the municipal building and parking garage complex, but feels that the approach the staff is using in regard to a questionnaire and soliciting citizen input is a positive step toward a compatible solution. He commended the staff for some of the innovative methods in which they saved capital project dollars by combining some projects. He does support the budget. Mr. Curry supports the budget. Mr. Tolbert supports the budget. T Mr. Pelkey commended staff and Council on the work put into this VJ year's budget and supports it. N Mr. Bos supports the budget saying that it is a very ambitious UJ document and even though there was some disagreement, a compatible agreement was reached. Physically he said it was the nicest document he has seen in a long time. Mayor Sevila also commended staff on the excellent document and the supporting documents of the budget. He also mentioned the amicable compromises reached during the budget discussions. He was proud to also support the budget. By a roll call vote, the budget was approved as follows: Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-0-31 - ORDINANCE - ESTABLISHING COMPENSATION OF THE MAYOR AND COUNCIL AFTER JULY 1, 1986 On a motion by Mr. Williams and seconded by Mr. Kelley, the following 1 ordinance was proposed and adopted: WHEREAS, annual compensation of the mayor and councilmembers has been $6,000 and $4,200, respectively, since July 1, 1984: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 2-91 of the Town Code is amended to read as follows: Section 2-91. Mayor and councilmembers' salaries. Compensation of the mayor and members of council, after July 1, 1986, shall be $7,500 and $6,000 per annum, respectively, payable in equal monthly installments. SECTION II. This ordinance shall be in effect July 1, 1986. SECTION III. All prior ordinances and resolutions in conflict herewith are repealed. Mr. Williams stated that with the increased activities of the council that raising compensation is timely. Mr. Bos said that although activities have increased he does not feel that compensation should be increased and does not support this. 260 ' MINUTES OF THE JUNE 25, 1986 MEETING M . Tolbert feels that additional compensation may be warranted, but that this ordinance raises it too much and is in opposition to it. Mayor Sevila said his concerns -were that service on the town council is not a job and that the pay received should not be viewed as compensation. It is more an honorarium for the time put into it. He feels that the present amount paid is adequate. The time put in should not be considered as time that should be compensated. This is community service. The combined increase of 1984 and this proposed raise equals almost 150% increase. In comparison to other jurisdictions this proposed compensation is high for mayor and council, not only in the Northern Virginia area but for the entire state. He does not support this item. By a roll call vote the ordinance was approved as follows: Aye: Councilmembers Curry, Kelley, Pelkey and Williams Nay: Councilmembers Bos, Tolbert and Mayor Sevila 86-0-32 - ORDINANCE - ESTABLISHING COMPENSATION OF THE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION AFTER JULY 1 1986 On a motion by Mr. Williams and seconded by Mr. Kelley, the following ordinance was proposed and adopted: WHEREAS, annual compensation of the chairman and members of the Planning Commission has been $1,950 and $1,800 per annum, respectively, since July 1, 1983: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 13-17 of the Town Code is amended to read as follows: Sec. 13-17. Compensation of members; reimbursement for Pexpenses. (a) Compensation of the chairman of the town planning commission after July 1, 1986 shall be $3,150.00 per annum, payable in equal monthly installments. (b) Compensation of members of the town planning commission after July 1, 1986 shall be $3,000.00 per annum, payable in equal monthly installments. (c) Members of the town planning commission shall be reim- bursed for actual expenses incurred in the exercise of their functions. SECTION II. All prior ordinances and resolutions in conflict herewith are repealed. Mr. Williams again stated his support for this legislation. He feels that the additional workload of the planning commission justifies an increase in their compensation. He commended the fine job done by the Planning Commission. Mr. Pelkey said that the amount of time put in by both the Council and Planning Commission cannot be adequately compensated. He went on to say that if a member of either does not wish to receive additional compensation, perhaps they could donate it to a worthwhile community cause. He supports this increase. Mr. Curry promoted this increase for the Planning Commission. The time that must be put in has drastically increased in the last two years and this additional compensation is timely. He supports the increase. MINUTES OF THE JUNE 25, 1986 MEETING 261 Mr. Tolbert also agreed that much time is spent by the planning commission and that this increase is justified. Mr: Bos feels that the Planning Commission is doing a fine job but he does not support the increase at this time. Mayor Sevila stated his satisfaction with the Planning Commission and the time they are devoting to their obligation. He, however, does not support the increase at this time keeping in line with his reasons for not supporting the Councilmember's increase. He again stated that this is community service and not a job. By roll call vote, this ordinance was approved as follows: Aye: Councilmembers Curry, Kelley, Pelkey, Tolbert and Williams Nay: Councilmember Bos and Mayor Sevila T It was requested that the ordinance amending Article VIII of the Town CDCode with respect to the Environmental Advisory Commission be referred back I `\,J to the committee level for further consideration. N W 86-128 - RESOLUTION - ACCEPTING THE DONATION OF LAND BY WILLIAM F. RUST, COE,, AND MARGARET D. RUST, HIS WIFE FOR THE REMAINDER 1J OF IDA LEE PARK On a motion by Mr. Williams and seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, William F. Rust, Jr., and Margaret D. Rust, his wife, have offered to donate 77.3451 acres of land lying on the east side of Old Waterford Road and north of Union Cemet ry to the town for public park and recreational purposes; and WHEREAS, this parcel is the second of two tracts of real estate comprising 138.0451 acres which Mr. and Mrs. Rust will have given to the Town of Leesburg during 1985 and 1986, to be used and maintained as a public park known as "Ida Lee Park" of Leesburg, Virginia; and WHEREAS, this Council wishes to accept this gracious deed of gift and dedication: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 1 SECTION I. The donation of the 77.3451-acre parcel shown on a plat prepared by Bengtson, DeBell, Elkin & Titus, dated December 3, 1985, revised April 23, 1986, to the Town of Leesburg by William F. Rust and Margaret D. Rust, his wife, is accepted. I SECTION II. The Mayor is authorized to acknowledge this'acceptance, on behalf of the town, by executing the deed of gift and dedication, which has been reviewed and approved by the Town Attorney, as transmitted to the Council by memorandum dated June 13, 1986. The Clerk shall attest the Mayor's signature. SECTION III. On behalf of the citizens of the Town of Leesburg; this Council extends its sincere appreciation to Mr. and Mrs. Rust for this generous donation of future parkland in honor of Mrs. Ida Lee Rust. Mr. Williams stated that as a member of the Parks and Recreation Commission he is very appreciative of this gift. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 262 MINUTES OF THE JUNE 25, 1986 MEETING ,The Mayor did ask that an appreciation ceremony be considered at the next Finance and Administration Committee meeting for the Rusts. 86-129 - RESOLUTION - ACCEPTING A REVERSIONARY INTEREST IN THE DONATION OF LAND BY WILLIAM F. RUST, JR. TO THE COUNTY LIBRARY BOARD On a motion by Mr. Kelley and seconded by Mr. Bos, the following resolution was proposed and unanimously adopted: WHEREAS, William F. Rust, Jr., has offered to donate a three-acre parcel of land adjacent to Ida Lee Park to the Loudoun County Library Board for a public library facility; and WHEREAS, the proposed deed of dedication for this donation includes a reverter clause to the Town of Leesburg should the conditions of the dedication not be honored; and WHEREAS, the deed provides that the town accept this_reversionary interest through a formal resolution of the Town Council; and WHEREAS, acceptance of reversionary interest in the library land is in the best interests of the health, safety and welfare of the citizens of Leesburg: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A reversionary interest t0 the town in the three-acre public library site to be dedicated by William F. Rust, Jr., and Margaret D. Rust to the Loudoun County Library Board, as shown on a plat prepared by Bengtson, DeBell, Elkin & Titus, dated April 22, 1986, is hereby accepted. SECTION II. The Mayor is authorized to acknowledge this acceptance, ' on behalf of the town, by executing the appropriate deed of gift and dedication, as transmitted to the Council by memorandum dated June 13, 1986. The clerk shall attest to the Mayor's signature. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-130 - RESOLUTION - AUTHORIZING TRANSFER OF FUNDS FROM THE GENERAL FUND CONTINGENCY RESERVE On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia that a transfer of funds from the General Fund Contingency Reserve account to the following General Fund accounts in the amounts indicated is hereby authorized for the fiscal year ending June 30, 1986. ACCOUNT NUMBER DESCRIPTION AMOUNT TOWN COUNCIL 200-1101-300-010 Contractual Services $2,300.00 200-1101-530-070 Public Officials Liability 1,725.00 TOWN MANAGER 200-1201-300-010 Contractual Services $7,500.00 200-1201-550-010 Travel and Training 1,500.00 263 MINUTES OF THE JUNE 25, 1986 MEETING ACCOUNT NUMBER DESCRIPTION AMOUNT PERSONNEL 200-1202-300-010 Contractual Services $2,000.00 200-1202-540-010 Materials and Supplies 1,000.00 200-1202-550-010 Travel and Training 1,000.00 200-1202-580-010 Dues and Memberships 500.00 TOWN ATTORNEY 200-1204-300-010 Legal Services $30,000.00 ENGINEERING 200-3401-300-010 Contractual Services $3,000.00 T PUBLIC WORKS ADMINISTRATION V) N^ ' 200-4101-300-010 Contractual Services $2,000.00 PLANNING W CO 200-8101-300-010 Contractual Services $9,000.00 Cr $61,525.00 It was requested that the resolution authorizing a contract with DSR M-intenance Corporation to provide the town with janitorial services be removed from this evening's agenda. This matter must be rebid and will be reconsidered at the committee level in August. 1NEW BUSINESS 1 86-131 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR THE CHESTER- FIELD DEVELOPMENT On a motion by Mr. Williams and seconded by Mr. Bos, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute on behalf of the town an agreement (Form PC-2) with Market Square Associates, Inc., of Leesburg, Virginia, for installation of public improvements shown on the plans approved by the Director of Engineering for the Chesterfield Development. SECTION II. The extension of municipal water and sewer works for the Chesterfield Development is approved in accordance with Section 15-9 and 19- 18 of the Town Code. SECTION III. An irrevocable bank letter of credit in a form approved by the Town Attorney from Equitable Federal Savings Bank in the amount of $81,752 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering for the Chesterfield Development. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 264 MINUTES OF THE JUNE 25, 1986 MEETING 86-132 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR THE HERITAGE PARK DEVELOPMENT On a motion by Mr. Williams and seconded by Mr. Bos, the following resolution was proposed and unanimously adopted: RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute on behalf of the town an agreement (Form PC-2) with HO-WAR Plumbing Corporation, Springfield, Virginia for installation of public improvements shown on the plans approved by the Director of Engineering for the Heritage Park Development. SECTION II. A corporate surety bond in a form approved by the Town Attorney from Fireman's Fund in the amount of $239,135 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering for the Heritage Park Development. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-133 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF MARKET SQUARE ASSOCIATES, INC. FOR REVISION OF THE ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11 TITLE 15.1 OF THE CODE OF VIRGINIA, AS AMENDED On a motion by Mr. Bos and seconded by Mr. Williams, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application of Market Square Associates, Inc. for revision of the Zoning District Map from M-1 (Industrial) to B-2 (general business) is received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15.1 of the Code of Virginia, as amended. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-134 - RESOLUTION - AN EASEMENT FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A TRAFFIC SIGNAL On a motion by Mr. Tolbert and seconded by Mr. Bos, the following resolution was proposed, with changes made by the Deputy Town Attorney, and unanimously adopted: WHEREAS, the Town of Leesburg has executed a contract with Brothers Signal Company for the installation of a traffic signal at the intersection of Catoctin Circle and Dry Mill Road; and WHEREAS, additional right-of-way is required for the support pole and controller box; and WHEREAS, the town attorney's office has prepared an easement agreement by and between the Town of Leesburg and the owners of the right-of-way, the Christian Science Society; and MINUTES OF THE JUNE 25, 1986 MEETING 265 WHEREAS, it is necessary to obtain Loudoun County Circuit Court approval of said right-of-way from the owners; and WHEREAS, the town attorney's office shall prepare the necessary documents to petition the court for said court approval on behalf of the owners: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The mayor is authorized to acknowledge the town's acceptance of the easement by executing the easement agreement, which has been approved by the town attorney as transmitted to the Council on June 25, 1986 and the town attorney is hereby authorized to prepare the necessary documents and to petition said circuit court for approval of said right-of-way and easment on behalf of the owners. The Clerk shall attest to the Mayor's signature. T Mr. Williams voiced some concern on why this was presented as a vJ new business item and the need to pass this legislation this evening. Mr. N Minor explained that this had just come up today and there was not adequate N time to present it to Council prior to the meeting. Because of time W constraints it was recommended by staff that this be approved this evening. CO Deborah Welsh, Deputy Town Attorney, explained the need for the legislation Q as it pertains to state law in relation to church property. Following this, the vote was as follows: Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None i On a motion by Mr. Williams and seconded by Mr. Bos, Council voted uanimously to go into executive session to discuss personnel matters pertaining to evaluation of the Town Manager. Section 2.1-344(1) of the 1950 code of Virginia, as amended (Freedom of Information Act) permits the Council to discuss such matters in executive session. The meeting shall be limited to council appointments and Director of Finance, Paul York, the latter only for brief information, after which he will be dismissed from said executive session. The meeting was called back to order by the Mayor with no action taken regarding the evaluation. 86-135- RESOLUTION - ESTABLISHING THE MANAGER'S COMPENSATION FOR YEAR ENDING JUNE 30, 1987 On a motion by Mr. Williams and seconded by Mr. Kelley, the following resolution was presented and unanimously adopted: WHEREAS, the Manager's salary is set by the Town Council: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Manager's annual salary effective July 1, 1986 through June 30, 1987 is set at $56,000. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila 1 Nay: None 86-136 - RESOLUTION - APPOINTING TERRANCE YOUNG TO THE PARKS AND RECREA- TION ADVISORY COMMISSION On a motion by Mr. Williams and seconded by Mr. Kelley, the following resolution was presented and unanimously adopted: • 266 MINUTES OF THE JUNE 25, 1986 MEETING WHEREAS, a vacancy exists on the Parks and Recreation Advisory Commission: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Terrance Young is appointed to the Parks and Recreation Advisory Commission for a term ending June 30, 1988. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None In another new business item Mr. Kelley commented on the guest list for the Frank Wolf luncheon. His suggestion is that only the Economic Development Advisory Commission and the Airport Commission be invited to this affair, along with the Council and department heads. On a motion by Mr. Kelley and seconded by Mr. Curry it was recommended that the meeting be adjourned. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None Mayor ' Clerk of ouncil