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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