HomeMy Public PortalAbout1986_07_09 211
MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 9, 1986
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on July 9, 1986 at
7:30 p.m. The meeting was called to order by the Mayor with the invocation
given by Mr. Tolbert and followed by the Salute to the Flag led by Clerk of
Council, Dorothy Rosen. Present were Mayor Sevila, Councilmembers Charles
Bos, Arl Curry, Brian Kelley, Jerry Pelkey, John Tolbert, Jr., and Charles
Williams. Staff members present were Town Manager, Jeffrey Minor, Director
of Engineering and Public Works, Tom Mason, Director of Planning, Zoning
and Development, Martha Mason-Semmes, Director of Finance, Paul York,
Assistant Town Manager, Steve Owen and Deputy Town Attorney, Deborah Welsh.
PETITIONERS
Mayor Sevila asked that Mr. and Mrs. William Rust step forward to the
podium to present the deed for Ida Lee Park to the Town of Leesburg. This
particular deed was for approximately 77 acres which,along with a previous
deed of dedication of around 60 acres, brings the entire parcel, to be
dedicated as Ida Lee Park, to approximately 138 acres. The Mayor again
thanked the Rusts for their very generous gift and gave a brief overview of
mm the intended use for the land.
0)
Charles Williams thanked the Rusts on behalf of the Parks and
N Recreation Advisory Commission. He reported that this Commission is
presently visiting other parks in the area to gather information on the
W types of facilities and funding available to build the park. Two members
CO of the Commission, Terry Young and Kathy Dodds, were also present.
Q
DeWitt Ingram, president of the South Harrison Square Condominium
Association, presented an aerial photograph of the areato the Council.
This was done as a thank you for the efforts the town put into the
revitalization of the South Harrison Street area.
COUNCILMEMBER COMMENTS
Mr. Bos stated that the Board of Architectural Review meetings were
detailed in the manager's report so he would not go into any further
comments on them.
Mr. Williams reported on the Parks and Recreation Advisory Commission
meeting. This Commission has drafted a test survey which will be tried out
in a small sector of town. If this is relatively clear, then a townwide
survey will be sent out next month.
Every two years a councilmember election is held. Under the charter
that has been established, councilmembers can select their own assignments,
address commissions and boards, and in that sense, the selections are not
political or partisan. Council has the right to select the people for
various commissions that they feel have the proper skills. He urged the
Council to join together.-to provide the best government possible for the
citizens of Leesburg.
Mr. Pelkey spoke of the recent Liberty celebration and its -
significance in American History. He recalled some travel that he had done
while in the Navy, and stated that upon returning back to the States he had
a real understanding for what the Statue of Liberty stood for. Serving his
country and community is something that he is very proud of. He also
stated that partisan politics has no place on the Council and that. his
decisions come from studying the issues and speaking with. the citizens on
their views.
Mr. Curry attended the Planning Commission meeting of July 3 at which
• the Commission approved the final development plan for the Lawson Road
Industrial- Park; approved a resubdivision of the Jewell plat - to make two
lots on the front of Route 7 more usable. While reviewing this it was
discovered that no provision was made for a right hand turn lane into the
new extension of Catoctin Circle. He felt this should be addressed at the
next Utility and Public Works Committee meeting. Also, the remainder of
Catoctin Circle should be widened to make four lanes. An appeal by Mr.
Belles and Mr. Clem on the Zoning Administrator's decision to allow an
addition to the Melodee Music Building was approved. They appealed that
272 MINUTES OF THE JULY 9, 1986 MEETING
the addition proposed would bring the building line too close to• the roadway.
The Board of Zoning Appeals agreed and the developer must resubmit -plans
with new building configurations for this area.
Mr. Kelley reported on the Economic Development Advisory Commission
meeting. They held their election of officers, electing Thomas Nalls as
Chairman and Joseph Trocino as Vice Chairman of this Committee. They
prepared some- formal comments on the upcoming Wolf luncheon saying that
nothing was intended to be a political statement on this issue. He went on
to read a letter he wrote to the Editor of the Loudoun Times Mirror
regarding the appointments made to various commissions by the Council.
MANAGER'S REPORT
A written activity report was submitted to Council and if there are
any questions regarding this, he will be glad to answer them.
Mr. Bos asked what the status was on the LAMPLIGHTER. Mr. Minor
responded that it is at the printer's and should be ready for mailing by
early next week.
LEGISLATION
86-0-34 - ORDINANCE - AMENDING THE SUBDIVISION AND LAND DEVELOPMENT •
REGULATIONS REGARDING BONDING REQUIREMENTS
On a motion by Mr. Williams and seconded by Mr. Bos, the following
ordinance was proposed and unanimously adopted:
WHEREAS, the Council on February 12, 1986, initiated amendments to the
Subdivision and Land Development Regulations regarding the bonding of
required improvements within subdivisions and development3 and referred
these amendments to the Planning Commission for recommendation; and
WHEREAS, the Planning Commission, on May 1, 1986, held a public
hearing on the proposed amendments, and hearing no public objections
recommended to Council approval of the proposed amendments with proposed
revisions; and
•
WHEREAS, the Council on June 25, 1986, held a public hearing on the
proposed amendments with revisions; and
WHEREAS, these amendments are required by public necessity, conven-
ience, general welfare and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Sections 13-92 through 13-96 of the Leesburg Subdivision
and Land Development Regulations are repealed and replaced by new Sections
13-92 through 13-96 to read as follows: •
Sec. 13-92. Bonding of Required Improvements.
(a) The purpose of the bonding process is to obtain guarantees
acceptable to the Town insuring the timely and proper installation of
required development and subdivision improvements. Bonds shall be posted
to guarantee the installation of improvements for all developments
described below:
(1) All improvements described in Section 15.1-466(f) of the
Code of Virginia, as amended, that will be accepted for public use
and public maintenance by the Town of Leesburg.
(2) All other improvements required by the Zoning Ordinance
and Subdivision and Land Development Regulations and also as speci-
fied in Section 15.1-466(f) of the Code of Virginia, as amended and
as determined by the Land Development Official.
MINUTES OF THE JULY 9, 1986 MEETING :273
- (3) Improvements proffered as part of any zoning map amendment
application and required by the Zoning Administrator in accordance
with Section 15.1-491.3 of the Code of Virginia, as amended.
(4) Improvements offered as part of any variance or special
exception application or required by the Board of Zoning Appeals
in accordance with Sections 15.1-495(b) (3) and (f) of the Code of
Virginia, as amended.
(b) All improvements proffered during the rezoning process shall be
bonded at the time the first development plan or subdivision plat is
approved.
(c) These bonding procedures shall not apply to the following
developments:
(1) Developments that only require the installation of entrances
to public streets. All such improvements shall be guaranteed through
T the issuance of a right-of-way permit.
^ (d) The Town Council shall have the authority to:
l V^ 1 (1) Review and approve, disapprove and modify performance
LtJJ agreements.
m
Q - (2) Accept public- improvements-which have been installed in
accordance with final plans, subject to the requirements of Section
13-97 of this Article.
(3) Release subdividers and developers from obligations of
performance agreements for installation of public improvements and
release performancebonds posted to-guarantee suchcontractsas
described in Section 13-97 of this Article.
I (e)- The Town Manager shall have the authority to approve any
1 performance agreement for any development or subdivision with less than
$10,000 in public improvements.
Sec. 13-93. Procedure for establishing a bond agreement.
(a) To establish a bond agreement with the Town of Leesburg the
following forms shall be executed:
(1) Performance Agreement
(2) Estimate of Improvements
(3) Bond guarantee, as described in Section 13-94
(4) Water Extension permit, if applicable
(5) Sewer Extension permit, if applicable
The bond agreement forms must be filed with the Land Development
Official-at least ten days prior to the Council meeting at which first con-
sideration is desired. The Director of Engineering shall provide the Town
Council with an estimated cost of the bonded improvements. The Town
Attorney shall review the bond agreement document and provide the Town
Council with a recommendation.
(b) Any improvement in a proposed subdivision or development may be
bonded in sections provided that these sections are indicatedonthe
approved subdivision or development plans and the Director of Engineering
has found that provisions have been made to insure that these improvements
can be enjoyed without undue risk to public safety. Improvements such as
temporary cul-de-sacs and traffic barricades will be included in the
estimate of improvements. Where possible, sections shall begin and'
terminate at street intersections or other logical points.
Sec. 13-94. Bond Guarantee
274 MINUTES OF THE JULY 9, 1986 MEETING •
(a) The purpose of the bond guarantee is to provide the Town with a
source of funds to complete the required improvements if the developer is
in default of the performance agreement as described in Section 13-96.
(b) The following bond guarantees are acceptable provided they are
consistent with the regulations below:
(1) Cash escrow may be posted to guarantee any performance
agreement. The funds on deposit shall bear an interest rate of
seven percent per annum. Interest will be available to the Town
in the case of default or breach of the performance agreement. If the
improvements are successfully completed this interest shall be refund-
ed to the developer.
(2) Irrevocable letters of credit from financial institutions
are acceptable provided they are approved by the Town Attorney and
the following conditions are met:
( (a) ) All letters of credit shall conform to the letter of
credit form provided by the Town or be approved by
the Town Attorney.
( (b) ) Letters of credit shall extend at least three months
beyond the expiration date of the performance agreement.
( (c) ) The financial institution must notify the Land Develop-
ment Official in writing at least one month in advance
of any cancellation including normal expiration of term.
Failure to do so will automatically extend the letter of
credit for an additional three months.
( (d) ) The financial institution issuing the letter of credit
shall be insured by the Federal Depository Insurance
Corporation or the Federal Savings and Loan Insurance
Corporation and be chartered in the State of Virginia
or shall have a designated agent in Virginia.
(3) Corporate surety bonds are an acceptable method of
guaranteeing performance agreements provided the following conditions
are met:
( (a) ) All corporate surety bonds shall conform to the form
provided by the Town or be approved by the Town Attorney.
( (b) ) Bonds shall be furnished by an insurance company
licensed to transact fidelity and surety insurance in
Virginia.
( (c) ) The surety shall hold a certificate of authority to act
as surety from the Federal Government to act as surety
on Federal projects or have a rating of XV or better as
evaluated by Best's Key Rating. These lists will be
maintained by the Director of Finance.
Sec. 13-95. Extensions and Reduction of Performance Bonds.
(a) Performance agreements may be extended for one year periods or
less. Any request for extension shall be accompanied by an estimate of the
remaining work and a timetable for the completion of the improvements.
Upon recommendation of the Land Development Official, Council shall act
within 30 days of any written request to extend a performance agreement.
In considering an extension of the performance agreement, the Council
should consider the following factors:
(1) Current rating of corporate surety and status of the
financial institution.
(2) Progress in completing the development plan or subdivision.
MINUTES OF THE JULY 9, 1986 MEETING 2 75
(3) Complaints received about nuisances resulting from develop-
ment of the property.
(4) Cost estimate of completing the subdivision.
(b) The amount of bonded improvements may be reduced by action of the
Town Council. Upon recommendation of the Land Development Official, the
Council shall act within 30 days of the receipt of any written request for
a bond reduction. If any deficiencies in completed improvements remain,
the Land Development Official shall transmit a list of the deficiencies to
the applicant within 30 days of the reduction request. Council shall act
or respond within thirty days of any request for an extension or reduction
of a performance bond.
Sec. 13-96. Establishment of a Maintenance Agreement.
A maintenance agreement shall be executed for the repair or
replacement of defective materials and workmanship within the required
public improvements-for a period of -time extending for one year from the
VJ actual -date of -Council acceptance of such improvements. A maintenance bond
I C V' conforming with requirements of Section 13-94 shall be submitted with the
^ ' maintenance agreement. -The maintenance-bond shall equal five -percent -of
the total cost of the bonded improvements in the subdivision or
W development.
CO
Q Sec. 13-97. Acceptance of improvements -and Release of Performance
Agreement
(a) The Council shall accept public improvements installed by a
subdivider or developer which meet the following conditions:
•
(1) The completed improvements comply with the design standards
of Division 4.
(2) Public improvements have been completed in-accordance with
the requirements of Division 5.
•
(3) Installation of public improvements has been completed in
accordance with approved plans.
(4) All final inspections required by this Article have been
completed by the town and the bonded improvements were found to
be acceptable by the Director of Engineering.
(5) The subdivider or developer shall have prepared and ,sub-
mitted one reproducible set and two sets of prints or plans
that accurately depict the bonded improvements as actually
built.
(6) The subdivider or developer, by appropriate instrument
and in a form approved by the Town Attorney, has conveyed to
the Town good title free of all liens to all public improve-
ments for which the town is to be responsible for operation and
maintenance.
•
(b) The Council shall release developers from performance agreements
when the subdivisions are vacated pursuant to Section 15.1-481 or 15.1-482
of the Code of Virginia, as amended.
SECTION II. Sections 13-97 and 13-96 are recodified as fol-lows:
The following approvals shall accompany or be shown on a final plat
and shall be necessary for its approval.
(a) Certification by a registered surveyor that the final plat is
correct.
278 MINUTES OF THE JULY 9, 1986 MEETING
(b) Certification by a registered engineer or a licensed 3(b) land
surveyor that the final plan has been prepared in accordance with the
requirements of this Article.
(c) Land Development Official approval of the final plan and final
plat.
(d) Commission approval of the final plan and final plat.
(e) Town Attorney approval of the final plat.
(f) Agreement for public improvements authorized by Council and one
of the requirements of Sec. 13-58(d) and Sec. 13-68(d) completed.
Sec. 13-98.1. Prior Approvals.
The requirements of this article shall apply to any subdivision or
development which has not received approval of the preliminary plat and the
plans and specifications for public improvements required by the Subdivision
Ordinance of Leesburg, Virginia, adopted August 15, 1955, as severally
amended, or Chapter 9-A of the Zoning Ordinance, Town of Leesburg,
effective March 9, 1959, as severally amended. Subdivisions and
developments which have received approval of the preliminary plat and the
plans and specifications for public improvements pursuant to these
ordinances shall be governed thereby so long as the approval remains valid
under the terms of the ordinance.
SECTION III. This ordinance shall be in effect upon its passage.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
On a motion by Mr. Kelley and seconded by Mr. Williams, the following
ordinances and resolutions were proposed as consent items and unanimously
adopted:
86-0-35 - ORDINANCE - AMENDING THE ZONING MAP FOR THE HARRISON SQUARE
SOUTH CONDOMINIUMS
WHEREAS, the Council, on May 28, 1986, initiated Rezoning Application
#ZM-77 for the Harrison Square South Condomimiums (also known as the Market
Square South Condominiums) and referred the proposed rezoning to the
Planning Commission; and
WHEREAS, the Council and Planning Commission on June 25, 1986, held a
joint public hearing on this proposed rezoning pursuant to Section 15.1-431
of the Code of Virginia, as amended; and
WHEREAS, the Planning Commission in special session on June 25, 1986,
recommended to Council approval of this rezoning; and
WHEREAS, the continuing residential use of the Harrison Square South
Condominiums is essential to support the goals of the South Harrison Street
Community Development Project and the Town Plan for the maintenance of
moderate-cost housing in the downtown area; and
WHEREAS, the proposed rezoning of this property from a non-residential
to residential district is in the interest of public welfare and good
zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
MINUTES OF THE JULY 9, 1986 MEETING 277
SECTION I. The Leesburg Zoning Ordinance is amended to revise the
zoning district map to change from B-2 to R-4, 0.7553 acres of land, known
as the Harrison Square South Condominiums, located on the west side of
South Harrison Street and bounded by the land of Market Square Associates
on the north, the Northern Virginia Regional Park Authority on the south,
Town Branch on the west and South Harrison Street on the east, as shown on
a plat prepared by Bengtson, DeBell, Elkin & Titus dated February 12, 1985.
SECTION II. This ordinance shall be in effect upon its passage.
86-142 - RESOLUTION - APPOINTING A TEMPORARY DEPUTY ZONING ADMINISTRATOR
WHEREAS, the Zoning Administrator and both Deputy Zoning Adminis-
trators will be out of town for professional development or vacation
purposes for portions of the week of July 21-25, 1986; and
WHEREAS, Mary R. Mack, Zoning and Development Assistant, routinely
processes zoning inquiries and zoning permit applications for the Zoning
T Administrator's signature; and
N WHEREAS, the appointment of a temporary Deputy Zoning Administrator
N for the week of July 21-25, 1986, to handle routine zoning permit applica-
tions will avoid inconveniences to the public during this period:
CO THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
Q as follows:
Mary R. Mack, Zoning and Development Assistant, is appointed Deputy
Zoning Administrator, effective for the period July 21-25, 1986.
86-143 - RESOLUTION - APPOINTING BRIAN T. KELLEY AS THE COUNCIL'S
1 APPOINTMENT TO THE PARKING STUDY CONSULTANT SELECTION
REVIEW COMMITTEE
WHEREAS, the Request for Proposals has been issued to select a
consultant for the Parking Study Consultant Selection Review Committee; and
WHEREAS, this request requires that a member of the Town Council serve
on the Parking Study Consultant Selection Review Committee:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Brian T. Kelley is appointed to serve as the Council representative on
the Parking Study Consultant Selection Review Committee.
86-144 - RESOLUTION - APPOINTING ARL CURRY AS THE COUNCIL'S APPOINTMENT
TO THE PUBLIC WORKS COMPLEX ARCHITECT/ENGINEER
SELECTION COMMITTEE
WHEREAS, a Request for Proposal has been issued to select an architec-
tural and engineering firm to design the Public Works Complex at the Water
Pollution Control Facility; and
WHEREAS, the cost of these services will exceed $35,000; and
WHEREAS, Paragraph 8.2-5 of the town's Purchasing Policy requires the
appointment of a councilmember to serve on the Selection Committee to
recommend consultants to the Council:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Arl Curry is appointed to serve as the Council representative on the
Public Works Complex Architect/Engineer Selection Committee.
278 MINUTES OF THE JULY 9, 1986 MEETING
86-145 - RESOLUTION - AUTHORIZING A NOTICE OF. PUBLIC HEARING ON PROPOSED
ZONING MAP AMENDMENT #ZM-73 BY GEORGE A. AND SHERRY
A. WILSON -..,
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows: -
A Notice of Public Hearing to consider rezoning application #ZM-73, by
George A. and Sherry A. Wilson to amend the zoning district map of the
I, Leesburg Zoning Ordinance, from County R-1 and A-3 to Town R-1, 10.0004
acres ofland located east of Lawson Road (State Route 654) and bounded on
the north and east by Land of Euram Furniture and on the south by land of
Jeffrey,O. Welborn, TEE, shall be-published in the Loudoun. Times Mirror on
July 17, 1986, and July 24, 1986. forpublic hearing. on August 13, 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
86-146 - RESOLUTION -- AUTHORIZING. PAYMENT OF PAYMENT REQUEST NO. 11 TO
R.F. KLINE, INC. FOR WORK COMPLETED AT THE WASTE-
WATER TREATMENT PLANT
On a motion by Mr. Williams and seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
WHEREAS, the contract for improvements at the Wastewater Treatment
Plant wasawarded 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. 11 on June
26, 1986 and Camp, Dresser and McKee has reviewed and approvedthis.
request; and
WHEREAS, the Director of Engineering has recommended payment of
Payment Request No. 11 in the amount of $438,765.00.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Payment in the amount of $438,765.00 ($461,857.00 less 5% retainage)
shall be made to R. F. Kline, Inc. for Payment Request No. 11 for the
Wastewater Treatment Plant Expansion Project.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila -
Nay: None
86-147 - RESOLUTION. - AUTHORIZING A CONTRACT WITH WHITLOW CHEVROLET FOR
THE PURCHASE OF.,SIX POLICE VEHICLES ..
On a motion by Mr. Williams and seconded by Mr. Kelley, the following
resolution was proposed and unanimously adopted:
WHEREAS, the purchase of six police equipped vehicles under state
contract is the most cost effectivemethod for procuring police vehicles;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
MINUTES OF THE JULY 9, 1986 MEETING 2 7 9
The manager is directed to issue a standard purchase order to Whitlow
Chevrolet of Richmond, Virginia for the purchase of six police vehicles at
a total cost of $68,300.98.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
NEW BUSINESS
86-0-35A - ORDINANCE - AMENDING ARTICLE II OF CHAPTER 2 OF THE TOWN CODE
REGARDING COUNCIL COMMITTEE MEETING TIMES
On a motion by Mr. Williams and seconded by Mr. Kelley, the following
ordinance was proposed and unanimously adopted:
WHEREAS, this Council desires to hold committee meetings on the same
T date:
v,
N THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
C ' as follows:
l VU SECTION I. Section 2-24 of the Town Code is amended to read as
CO follows:
Q
Sec. 2-24. Standing Committees.
The following standing committees of the Council are created and their
respective areas of jurisdiction are established as shown:
(a) Utility and Public Works Committee.
(1) Water and sewer systems.
(2) Streets.
(3) Sidewalks.
(4) Storm Drains.
(5) Vehicles and equipment.
(6) Rights-of-way and easements.
(7) Utility and storm drainage master planning.
(8) Airport matters.
(9) Cable Television.
(10) Franchising.
(11) Parking facilities.
(12) Bonding.
(b) Finance and Administration Committee.
(1) Appropriations.
(2) Utility Rates.
(3) Business and Professional licensing.
(4) Taxes.
(5) Personnel rules.
(6) Police matters.
(7) Planning, zoning and subdivision matters.
(8) Public buildings.
(9) Oversight.
Each committee shall consist of two members and a chairman. The
members of each committee shall be appointed by Council biennually. The
committees shall select their own chairman.
The Utility and Public Works Committee shall meet at 5:00 p.m. on the
Tuesday of the week preceding each regular Council meeting in the Council
Chambers or other place as agreed. The Finance and Administration
Committee shall meet at 7:00 p.m. on the Tuesday of the week preceding each
regular Council meeting in the Council Chambers or other place as agreed.
At committee meetings the members shall review upcoming meeting agenda
items, hear staff reports and take other non-legislative action as it deems
appropriate.
280 MINUTES OF THE JULY 9, 1966 MT'ETING
SECTION II. All prior ordinances and resolutions in conflict herewith
are repealed.
SECTION III. This ordinance shall be in effect upon its passage.
Mr. Bos stated that advertising these changes as soon as possible and
in the best way possible so that citizens interested in attending will be
aware of the new meeting times is essential.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and
Mayor Sevila
Nay: None - -,
RESOLUTION 86-148 is non-existent due to previous numbering error.-
86-149 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS -FOR
201 JOINT VENTURE SUBDIVISION
On a motion by Mr. Williams and seconded by Mr. Kelley, the following
resolution was proposed and 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 201 Joint Venture of Leesburg, Virginia, for
installation of public improvements shown on the plans approved by the
Director of Engineering for the 201 Joint Venture Subdivision.
SECTION II. An irrevocable bank letter of credit in a form approved
by the town attorney from Sovran Bank of Norfolk, Virginia in the amount of
$7,412 is approved as security to guarantee installation of the public
improvements shown on plans approved by the Director of Engineering for the
201 Joint Venture Subdivision.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila "
Nay: None
86-150 - RESOLUTION - WAIVING ITINERANT VENDOR AND PEDDLER'S LICENSES FOR
THE 50TH ANNIVERSARY CELEBRATION OF AIR TRAFFIC
CONTROL
On a motion by Mr. Williams and seconded by Mr. Pelkey, the following
resolution was proposed and unanimously adopted:
WHEREAS, food and beverage vendors will be available as part of the
festivities in connection with Leesburg's celebration of the Fiftieth
Anniversary of Air Traffic Control on July 12 and 13; and
WHEREAS, this Council is desirous of waiving the required peddler's
and/or itinerant vendor's licenses in order to assure a wide variety of
food and refreshments available to the public attending these events:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The license and fee requirements of Section 17-68 of the Leesburg Town
Code for peddlers and itinerant vendors are hereby waived for peddlers and
vendors approved by the Fiftieth Anniversary Committee for official FAA
events scheduled for July 12 and 13, 1986.
Mr. Williams suggested that the Finance and Administration Committee
review the current method of charging these fees. Many vendors will be at
this and similar events for profit and they should be charged a pro- rated
fee for this in the future. Those vendors that represent charitable groups
I
MTNUTES OF THE JULY 9, 1986 MEETING 2 81�
and organizations should not be required to pay any type of vendor fees.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
86-151 - RESOLUTION - MAKING AN APPOINTMENT TO THE ENVIRONMENTAL ADVISORY
I
COMMISSION
I ,
On a motion by Mr. Williams and seconded by Mr. Kelley the following
resolution was proposed and unanimously adopted:
WHEREAS, the name of Rev. Howard M. Wilson was inadvertently omitted
from the list of reappointments made to the Environmental Advisory
Commission on July 1, 1986:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
n � as follows:
VT
(VJ Rev. Howard M.• Wilson is hereby reappointed to the Environmental
N Advisory Commission for a term ending June 30, 1988, in accordance with
W Chapter 2, Article VIII of the Town Code.
CrCO Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
86-152 - RESOLUTION - MAKING AN APPOINTMENT TO THE LEESBURG PLANNING
COMMISSION
i
On a motion by Mr. Williams and seconded by Mr. Tolbert, the following
resolution was proposed and adopted:
WHEREAS, a vacancy exists on the Leesburg Planning Commission:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
John W. Groschan is appointed to the Leesburg Planning Commission for
a term ending December 31, 1987.
Following some discussion on the involvement of Mr. Groschan's firm in
litigation with the town, the vote on this resolution was as follows:
Aye: Councilmembers Curry, Kelley, Pelkey, Tolbert, Williams and
Mayor Sevila
Nay: Councilmember Bos
Mayor Sevila mentioned that Council had received the resignation of
Mr. Lynnwood Lay as Chairman of the Planning Commission, effective July 30,
1986.
Mr. Kelley suggested that an appropriate appreciation to Mr. Lay be
discussed at the next Finance and Administration Committee meeting.
On a motion of Mr. Williams and seconded by Mr. Kelley, Council voted
unanimously to go into executive session to discuss personnel matters
pertaining to annual review of Council appointees. Section 2.1-344(1) of
the 1950 Code of Virginia, as amended (Freedom of Information Act) permits
Council to discuss such matters in executive session.
The following staff are requested to participate in the meeting: Town
Manager, Jeffrey Minor.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
282 MINUTES OF THE JULY 9, 1986 MEETING
Nay: None
The meeting was reconvened with no action taken.
On a motion by Mr. Williams and seconded by Mr. Kelley the meeting was
adjourned.
1
Mayor
Clerk of • .uncil