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HomeMy Public PortalAbout1988_01_27 X79 MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL JANUARY 27, 1988 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia, on January 27, 1988, at 7:30 p.m. The meeting was called to order by Mayor Robert E. Sevila with the invocation given by Mr. Tolbert, followed by the Salute to the Flag led by James E. Clem. Present were Mayor Sevils, Councamembers James E. Clem, Arl Curry, Brian Kelley, Hunter Leach, John Tolbert and Charles Williams. Staff members present were Tom Mason, Peter Stephenson, Andy Conlon, Martha Mason-Semmes, and Debbie Welsh. No minutes had been submitted for approval. PETITIONERS Frank A. Watkins 325 S. King Street, Leesburg, Virginia, presented background information and an update on a problem he has encountered regarding receiving approval for some renovations to his property at the above address. In November, 1988, he appeared before the Board of Architectural Review requesting permission to remove and replace the siding on his house and to replace two sheds on his property at the existing elevation. He was granted approval to remove and replace the siding, however, after considerable research, correspondence, the submissions of requested information and continued requests for approval over a period of eight months, he has not received an answer from the Town. He would like a response as to why there has been the long delay and why he has received no response from the Town. Mr. Clem asked if the replacement of the two sheds was the only request Mr. Watkins had, to which Mr. Watkins responded "Yes." • Mayor Sevila asked if the first floor of the sheds would be above the 100 year flood plain, to which Mr. Watkins responded "Yes." Mr. Williams said that he had been at the Board of Architectural Review meeting when Mr. Watkins present his original request. He said that while Mr. Watkins property does lie within the historic district and is in the flood plain, he could not understand why a resolution to his request has . 7... . not been made. Mr. Minor said that this may be an administrative matter. From the information provided by Mr. Watkins, it sounds fairly routine. He will check into the situation immediately, take appropriate action and, at the request of Mayor Servile, report back to the Council through the weekly packet if possible, but no later than next Monday. Mr. Dale McGuire Master Fire Fighter, representing Leesburg Volunteer Fire and Rescue Services, and Mr. Harrison Stern, Cardiac Technician, Loudoun County Volunteer Rescue Squad, presented for distribution documents containing general information regarding steps which both companies have taken to offer better services to the community. In both cases they pointed out that there has been poor response from the citizens for fund drive efforts. They offered a Proffer Package which they recommend be given to builders of new subdivisions and buildings which would serve as a foundation to ensure that fire and rescue services for the Town of Leesburg will continue to be made available to protect against loss of life and property. In this way the town could keep its funding current without going into the tax base to maintain these services. Mr. Williams expressed appreciation for the very informative analyses regarding current services and contributions. Mayor Sevila agreed and said that other proffers have been submitted. The town is willing to work with these organizations regarding the proffer suggestion, taking into consideration the legal questions involved. He encouraged the town manager, Ms. Semmes and planning staff to continue to consider the question of proffers. Mr. Clem commended the packet and recommended that Mr. McGuire and Mr. Stern make a presentation to Mr. Kelley's group. Mr. Kelley agreed and invited them to do so at the next meeting to be held Tuesday, February 2 at 5:00 p.m. Mr. McGuire pointed out that the record of contributions did not include annual contributions, but addressed one-time contributions, because of the legal questions involved. Minutes of the January 27, 1988 regular Council Meeting Page 2 Mr. Tolbert asked if a copy of the packet has been distributed to the news media to which Mr. McGuire and Mr. Stern replied "no." Mayor Sessile, in accordance with action taken at the last Council meeting, read into the record the following RESOLUTION OF.RESPECT. RESOLUTION OF RESPECT WHEREAS, Philip P. Brownrigg, former local insurance representative and well-know resident of Leesburg and Loudoun County, died at Loudoun Memorial Hospital on December 29, 1987; and WHEREAS, Mr. Brownrigg was active in various organizations in Loudoun County and Leesburg, and WHEREAS, Mr. Brownrigg served on the Leesburg Board of Architectural Review for twenty-one years; and WHEREAS, Mr. Brownrigg served with distinction as Chairman of the Leesburg Board of Architectural Review from December 1967 until his resignation in June 1985: THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg do extend their sympathy to his family and to all who knew him; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to his wife and children. PUBLIC HEARING TO CONSIDER #ZM-94 BY PATRICK AND CAROL FISCHER FOR REVISION OF THE ZONING DISTRICT MAP Mr. Conlon, Zoning Administrator, presented exhibit showing the Fischerro p perty and the surrounding zoning showing the town plan. Staff analysis of September 24 and November 5 presents the staff position. There is no real modifiration of that position. The request is to rezone the area from R-2 and R-3 to B-2. The staff recognizes the interest of the private property owner to have the right to market this property for the broadest possible range of potential uses, but the staff finds no public good served by such zoning and development. Existing zoning reflects comprehensive plan. Mayor Sevila requested that Mr. Conlon summarize Planning Commission action on this request. Mr. Conlon reported that the Planning Commission has recommended a proffered B-1 zoning. together with a town plan amendment. This amendment has not been sought by the owner; it is the planning recommendation. Mr. Bill Chapman, representative of Pat and Carol Fischer, in connection with the request for rezoning stated that, as Mr. Conlon pointed out, it contains slightly under one acre. Current use of the property is becoming increasingly isolated as more intense uses develop around it. The Fischers have no current plans for development or utilization of the property other than as their residence at the present time. Hopefully, rezoning will be approved and they can look at some alternatives. Their request is that the rezoning to B-1 use and proffers approved at the planning commission level be adopted as part of the zoning map amendment. Mr. Conlon, in response to an inquiry by Mayor Sevila, explained that R-2 is principally a duplex zone; R-3 is principally a townhouse zone. The density for R-2 is 6 units to the acre; the R-3 is 8 units to the acre. In response to Mayor Sevila's request for clarification of recommendations, Mr. Conlon stated that the staff position is a recommendation that the area remain residential; the Planning Commission is recommending a proffered B-1 to which the applicant has agreed. Roger Hough, 154 Fort Evans Road, Leesburg, Virginia, spoke in support of the Fischers request. He is a neighbor of the Fischers. The public hearing was closed at this time and moved to Council level for discussion and consideration. On motion by Mr. Williams, seconded by Mr. Clem, this item was referred to the Finance Administration Committee for further consideration at the next meeting to be held on February 2 at 7:00 p.m. AYE: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila d r/ Minutes of the January 27, 1988 regular Council Meeting Page 3 NAY: None PUBLIC HEARING TO CONSIDER #ZM-95 BY EVERGREEN MILLS INVESTMENT OF REVISION OF THE ZONING DISTRICT MAP Ms. Semmes passed out copies of signed proffers which were received on Monday and provided a brief overview. The property in question is the approximately four hundred (449) acre parcel known as the Stowers Farm. The proposal is to rezone from present County R-1 to a mixture of planned employment center (PEC) and planned residential community (PRC). This application is for both a rezoning and concept plan approval. The concept plan has been in for some time and now combines the concept plan with the rezoning request. Present proposal proposes a development of a total of thirteen hundred dwelling units on 169-1/2 acres of the property: 446 single family dwellings, 455 townhouses and 399 multi-family dwellings. There is also a commercial component which is proposed as a mixed use center as defined in the Town Plan. This would be a total of 350,000 square feet of building area of which 250,000 would be retail commercial; the remainder would be supporting local office uses. The planned employment center is proposed for approximately 74 acres of the property. This area is located in the southeast corner as well as to the north of the mixed use center. This would support, in the applicant's estimation, approximately L3 million square feet of office and other employment uses. Other possible uses would be for a day care center, a church site, an 18-1/2 acre parcel dedicated for the airport clear zone which would accommodate the clear zone necessary for the runway extension, also, possibly, a 2 acre fire and rescue site near the clear zone. Also included is a proposed off-site dedication of a fifty (50) acre high school site down 621 approximately 1/4-1/2 mile from the present town limits which is being evaluated by the School Board. The Planning Commission has recommended approval of this application with a long list of things to be worked out with the Council and recommendations for the applicant to undertake to improve the housing mix. The Commission did acknowledge in their recommendation that it may be difficult to achieve the desired mix of 50% single family, 30% townhouse and 20% multi-family because of the amount of land being dedicated for the toll road, the clear zone and other public purposes. Another important factor which the Planning Commission took into consideration is a very large area of airport noise zone, not appropriate for residential use. The transportation system has been reviewed by the Virginia Department of Transportation (VDOT) and the VDOT has made some recommendations. Major issues are working out the transportation system, looking at the housing mix, making sure that this alignment works with the information which town now has with the Route 654 consultant, which it appears to generally do, and, finally, to determine whether this is the place to have the mixed use center as called for in the Town Plan. There is also a competing proposal for this on the Leesburg South concept plan which is scheduled for public hearing on February 10. Mrs. Semmes, in response to an inquiry by Mr. Kelley regarding what portion of the 449 acres has been dedicated for public use, reported that 45 acres would be designated for the Toll Road, 18- i 1/2 acres for the clear zone and 4 acres for community uses, which would include the fire and rescue site. In addition, there is the 50 acres designated for the high school, for a total of over a hundred (100) acres or 20% of the land. In response to a question by Mr. Curry as to whether the figures had been changed any on residential units since townhouses were changed, Mrs. Semmes had no new numbers. In response to Mr. Curry's question regarding the size of lots for single-family homes, she stated that the Planning Commission is recommending a minimum lot size for these of 8000 square feet. Mayor Sevila requested that Mrs. Semmes outline briefly the applicable provisions of the town plan and how this application is proposing to modify them. Mrs. Semmes responded that modification in this instance would not be to any of the major policies of the town or to the basic land use patterns shown for this tract on the town plan. What was shown on the town plan has been moved around. The mixed use center space has been claimed. The amendment process was included in the town plan to permit the plan to be amended to reflect greater specificity and mixture of uses that results from a plan such as this for a large tract of land. This does not conflict with the major policies of the plan; the plan would be amended to reflect the specifics for this area. For example, the exact final density does comply with the town plan density. Such was done for the Potomac Crossing and the Exeter projects. Also town plan indicates a broad area of planned employment use; this plan shifts this area to linear area rather than straight across as the plan had shown. More significantly, the town will be addressing an amendment to the transportation plan to address the road across the property. Mayor Sevila asked to have the area of employment use to be pointed out, and asked for an explanation of the town plan as it addresses employment of this scope and location of employment in that magnitude. Mrs. Semmes replied that there is not a specific plan as to the density of employment use. Therefore it would be difficult to estimate from the plan how many square feet are permitted under /Si& Minutes of the January 27, 1988 regular Council Meeting Page 4 the town plan. In response to Mr. Curry's request for an explanation of what FAR is and what it means, Mrs. Semmes replied that it stands for floor area ratio which means the amount of buildings built on a property as compared to the amount of gross land. Mr. Tom Naps, representing Evergreen Mills Investments, explained that, as mentioned by Mrs. Semmes, this is a combined application for a concept plan approval and amendment of the town plan and for a preliminary development plan and establishment of a planned development district/rezoning which has been encouraged over the past few years. Dave Flanigan and Marty Brown of the NV Land organization accompanied him. For the record, he stated that a hearing on both these matters has been advertised twice, on January 14 and January 21 in the Loudoun Times-Mirror, property has been posted by the town and notification has been sent to abutting landowners. He will provide to the Clerk a copy of the notice regarding the hearings which was submitted to the newspaper for publication, a sketch of the property, an affidavit verifying that the notices were sent to abutting owners, a copy of that letter and a list of all parties to whom the notice was sent. In addition, the proffers pursuant to the statute have been tendered to the Town as of the past Monday. Briefly outlining the history of the application, he stated that the original application has been revised due to the Toll Road plans. Some of conditions of original approval have been addressed and have been incorporated into this present plan. The purpose tonight is somewhat limited; they mainly want to give overview and to get input. Mr. Lou Slade, Transportation Planner and Traffic Engineer, who has been working with NV Land from the beginning of the project, provided a brief history of how changes in plans for roads in the immediate vicinity of the site have affected the form of the project. When the project started, they were working with the town plan at that time. This led to some problems in the arrangement of roads on the site both from the highway standpoint and the land use. Then the Toll Road came along, creating the necessity for changes. More severe constraints were placed on the use of access to the property. The present plan is the net result of work by planners to work within these constraints. From the transportation standpoint, it fits well with the major highway plans at this time. In response to Mr. Curry's question regarding the study on 654 Battlefield Parkway which did recommend a diamond interchange instead of the full cloverleaf, Mr. Slade said that they are now looking at that report and think the full cloverleaf is necessary but it is possible that some adjustment in that is possible. Mayor Sevila inquired regarding Mr. Slade's remarks regarding other land use in that area, particularly the eight (8) million square feet of commercial area. Mr. Slade confirmed that this area is located in the County and offered to provide the list of all the developments and very active rezoning both in the county and the town in this area. Mayor Sevila expressed interest in numbers of traffic generation and how this fits in with existing and future plans, to which Mr. Slade replied that, roughly, 1.3 million square feet of office would generate 1500 vehicle trips in the outbound direction in the evening and peak morning hours, about 1.5 vehicle trips per 1000 square feet with some adjustment for the fact that some of that square footage is retail commercial. Residential generates on the average .7 trips per unit during a single peak hour with the fraction resulting from the fact that people leave during different hours. A similar evaluation has been done for the mixed use center. Mayor Sevila asked, in terms of design of the Toll Road, what would be the peak hour capacity. Mr. Slade responded that a Toll Road, as a limited access freeway, can carry up to 2000 per lane per hour. Mayor Sevila pointed out that of this potential 4000 on the toll road, this development could generate 1500 vehicles. Marty Brown, with NV Land, briefly summarized changes since the last application. The major ] r change was the addition of the toll road through the site, which is divided by that road. They looked at the impact of this coupled with the airport which influenced the placement of the planned employment center and mixed use center. Primary motivations in the changes in the plan as it is now have been the Toll Road and the noise cone. Although locations of some areas have changed some, the number of units as well as commercial square footage and the mix are in total conformance with the Town Plan and have not changed since last January. They are now taking into consideration Planning Commission recommendations. Mr. Clem asked how many homes would be constructed. Ms. Brown replied 446 single family lots, 455 townhouses, 399 multifamily. In response to a question from Mayor Sevila regarding pedestrian access, Ms. Brown replied that Minutes of the January 27, 1988 regular Council Meeting Page 5 they do not show any access across the Toll Road; there is access along 654. In response to Mr. Curry's inquiry regarding the request of the School Board, Ms. Brown replied that, based on the School Board concerns, their engineers are looking at problems, basically involving storm drainage issues, indicated by the School Board architects at the 60 acre site. Mr. Kelley inquired regarding the competing/conflicting rezoning requests in this area. Would approval of this request eliminate all mixed use or commercial in that quadrant? 111 Ms. Semmes replied that even with the additional and more rapid population growth, because of the offsetting of commercial inflll which had not been anticipated along east Market Street along with the center along Edwards Ferry Road, it would be desirable to stick with one mixed use center. Planned employment is something that is less impacted by the population and more impacted by the land use pattern and what the traffic system can support. The Town Plan as it exists now does show a second mixed use in this quadrant. The Plan has one to serve the north and east and one to serve the south aide of town. Projections called for one to be built by 1995. This information would be needed to put things into perspective. In response to a question from Mayor Sevila, Ms. Brown stated that the linear length of the Toll Road extension would be 4700 feet. Mr. Slade pointed out that each interchange, assuming they are cloverleaf, would be up to $10 million each. The road itself could be as little as a million and a half • per mile, but this is just a guess. This is just construction cost, no land cost. In answer to Mr. Clem's question as to the highest elevation in the area, Ms. Brown answered three to four stories. Mr. Hubbard Turner, an interested citizen, said that he has watched developments in this application process. No one has discussed how this parcel will connect with 621 nor has he heard how access will be made. What is the impact of the 330 houses on Route 15? Pointing out other developments which will increase the volume of traffic, he asked how this will interface with 621? Mr. Kelley pointed out that this is not incumbent on NV Land but would really be incumbent on how the alignment is made on Route 15 south. Where will the impact be on Route 15 south? Mrs. Semmes answered that this is something about which the Planning Commission has been concerned. The two parcels do have some conflicts at some points. In answer to Mr. Kelley's question as to the possibility of 621 being eventually slated to be dosed off with a cul-de-sac, Mrs. Semmes answered that the crossover was slated to be dosed, something which was recommended by the Virginia Department of Transportation. The public hearing was closed at this time and moved to Council for consideration. On motion of Mr. Kelley, seconded by Mr. Tolbert, this item was referred to the Finance and Administration Committee, which will meet on February 16 at 7:00 p.m. AYE: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, and Mayor Sevila NAY: None Councilmember Williams abstained. After a brief recess, the meeting was reconvened by Mayor Sevila. Mr. Williams reported on the Public Hearing held on Wednesday, January 20, to solicit comments from the general public regarding the master plan for Parks and Recreation. Eight people participated and each comment was generally favorable, although there were suggestions on details which will be considered. The lack of serious negative comments about the projected facilities or plans for implementing them should be viewed as a source of pleasure for the Council. Mr. Clem reported that on January 14 an Airport Commission meeting was held to explore avenues for storing foam at the airport. The airport has no capabilities to handle a crash, such as foam protection. Leesburg Volunteer Fire Department does have this capability although they do have a problem with storage of foam. He has talked with Mr. Kelley of Public Works and Till talk with Mr. Haynes to work out some agreements to handle the question of storage. There has been representation by the Airport Users Group at the meetings, with positive feedback. Mr. Curry reported that the Planning Commission met on Thursday, January 21, and approved the development plans (final site plans) for Bellwood Commons, shopping center across from K-Mart. There was nothing ready on the Zoning Committee for action. Mr. Kelley commended Paul York and Chief Kidwell for their excellent annual reports, saying that Chief Kidwell's report was the best on the Police Department that he has seen and that Mr. York's report was very comprehensive. In reference to Mr. William's report on the Public Hearing, he said that, in addition to the eight people who spoke, there were quite a few others in attendance. a Minutes of the January 27, 1988 regular Council Meeting Page 8 The positive results of the original questionnaire which has prompted so much of what has taken place up to now was really vindicated at that public hearing. The people by and large support the Project- • Mr. Tolbert echoed Mr. Kelley's commendation of the annual reports of Mr. York and Chief Kidwell, saying that the report of Chief Kidwell was the best he has seen. He asked Mr. Minor to look into the situation at the park on Harrison Street where the newspaper recycling facility is creating an eyesore. Mr. Minor reported that Mr. Leach had also brought this to his attention. That facility is not located on town property but on private property owned by Mr. Ours. However, it is located in the flood plain and is something about which the Town is concerned. There are conflicting objectives involved: 1) the Town does want the recycling Pleat/ out of there; it does violate zoning ordinance 2) at the same that is a very positive community service involving ECHO. A new location is being sought. ECHO has been advised in writing that the town would like the facility moved. The Environmental Commission is helping in the search for a new site. In response to an inquiry by Mr. Tolbert as to whether a letter to Mr. Ours would help, Mr. Minor stated that ECHO and Mr. Ours are aware of the desire to have this facility relocated; the only holdback is the selection of a new site. Mayor Sevila reported that he has received a request from the County that the Council comment on some proposed legislation within 24 hours if possible. He will pass this along to Mr. Minor and have appropriate members of the staff look at it. This relates to several things which the Town already does concerning street lights and sodium vapor lamps, specifically proposing a statute that would require the replacement of non-sodium vapor lamps with sodium vapor lamps. The most important part of that is that it would permit the county, in thickly settled areas, to erect street lights and pay for them out of the county general fund. He passed along copies of letters from the neighbors to the Planning Commission relating to the Mark Montgomery/Potomac Crossing South rezoning application. Regretfully, he received today the resignation of Jean Jones, who serves on the Parks and Recreation Committee, effective February 1, 1988, due to family relocation. He suggested that Council present a certificate of appreciation to Mrs. Jones. A letter of resignation had also been received from Mr. John Groshan, Planning Commission. At the request of Mr. Kelley, Mr. Williams agreed to put this item on the Planning Commission agenda for discussion regarding interviews to avoid delays. MAYOR'S REPORT Mayor Sevila announced that on Friday, January 22, he attended at George Mason University the Transportation Symposium for the Dulles area transportation, sponsored by the Committee for Dulles to look into the impact the growth in this area will have on local, regional and sub-regional transportation systems, particularly as they relate to Dulles Airport. The theme of the symposium was the need for inter jurisdictional cooperation which will encourage coordination of careful monitoring of land use applications, the traffic generation and the impact, not only on immediate surrounding transportation networks, but from a regional and subregional basis. The spirit was that greater cooperation and communiration can be expected. Developments such as the one focused on tonight in the public hearing need to be monitored to see how it will impact not only on Leesburg, but on the surrounding County and all of northern Virginia He also reminded the Council that he is on the Sub-Region Policy Committee, which meets once a month. The next meeting is scheduled for the second Friday in February. Mayor Sevila expressed gratification at the response received this week that the Army Mapping Agency which employs Mr. Clem, who had been on the brink of being transferred out of the area. Correspondence from the community was overwhelming and the agency made a rare exception and reversed the decision to transfer him. He expressed appreciation to all who had a part in turning this decision around. MANAGER'S REPORT Mr. Minor stated that the Council received the Activity Report on Tuesday, due to the snow. He highlighted the following items: February 11 is Legislative Day for the Virginia Municipal League. Many who have attended in the past know it offers the opportunity to participate in the formal process of briefings on legislation that affects towns in Virginia. It also offers an opportunity to interact in an informal way with our legislators. Members will be contacted regarding plans for attending. He also mentioned a very constructive meeting he and Mrs. Semmes had with the applicant on the Greenway Planned Residential Neighborhood. Their intention has been to focus on getting the land use elements in shape before focusing on the cash proffers, which will come much later. Further considerations will focus on quality of the plan and how responsive it is to the Town Plan and the needs of the community. He feels progress is being made there. Mayor Sevila presented an item related to the selection committee for the facility standards of &Cs -- Minutes of the January 27, 1988 regular Council Meeting Page 7 manuaL It was reported earlier that the seven applicants were short-listed to four and on Monday of this week interviews were set up with those firms. Because of the snow the meetings were continued to Tuesday. He recognized Tom Mason to give a brief report, since it relates to an item on the agenda for the night's meeting. Mr. Mason listed the four firms interviewed: Gordon and Associates; Gannett Fleming Civil Engineers; Byrd Tallamy McDonald division of Wilbur Smith; and B.C. and Potomac. After reviewing all the proposals and going through the interviews, the selection committee rated William Gordon and Associates as the top-ranked firm. They have been notified and the process of negotiating a contract has begun for these services. Since there has been a delay in interviewing because of the snow, he would like to recommend that the award be delayed since there is no negotiated contract and go back to the next Utility and Public Works Committee meeting to be held February 2, 5:00 p.m. There will be another meeting with them on Friday and a draft of the contract will be available then. They looking forward to working with this firm. Mayor Sevila stated that the bid is right on target with the appropriation. The committee had asked to schedule in order to make the final decision tonight, but would like to defer action item G on the agenda RESOLUTION: AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES TO DEVELOP A DESIGN AND CONSTRUCTION STANDARDS MANUAL FOR THE TOWN OF LEESBURG On motion of Mr. Kelley, seconded by Mr. Clem this resolution was deferred for consideration at the next Council meeting. AYE: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila NAY: None LEGISLATION On motion by Mr. Kelley, seconded by Mr. Tolbert, the following ordinance and resolutions were proposed and adopted as consent items: 88-0-3 - ORDINANCE - AMENDING SECTIONS 17-29(a). 17-30, 17-31 AND 17-36 OF THE TOWN CODE WHEREAS, the Leesburg Town Council has found that it is in the public interest to change the business license year from a fiscal year basis to a calendar year basis and to increase the late payment to ten percent: THEREFORE, ORDAINED by the Council of the Town of Leesburg as follows: SECTION I. Section 17-29 of the Town Code is amended to read as follows: Sec. 17-29(a). Estimate of gross receipts or expenditures for beginners. (a) Every person beginning a business, profession, trade or occupation, which is subject to a license tax based in whole or in part on gross receipts or gross expenditures, shall estimate the amount of gross receipts that will (2) N..w-applk..nt be ; .'. buaincaa after July 1 but bcfore January 1 of the cdr.eut . • om the date of the beginning of business through the end of the current calendar year (December 31). (b) Whenever a license tax is computed on the estimated gross receipts or gross expenditures, any erroneous estimate shall be subject to correction and the municipal treasurer shall assess such person after the end of that license year with any additional license tax determined to be due. Also, he shall, at the same time, correct the estimate for the then current year until a full year of operation shall have been completed. In case of an overestimation, the taxpayer shall be entitled to a refund of the amount of tax in excess of his assessed liability. The refund shall be computed according to the Minutes of the January 27, 1988 regular Council Meeting Page 8 formula set forth in Sectionl7-48. SECTION H. Section 17-30 of the Town Code is amended to read as follows: Sec. 17-30. When tax due and payable. All license taxes imposed by this article, except as herein otherwise provided, shall become due and payable on or before July—1 April 15 of each license tax year an 1 to December 31 ). In all cases where the person shall begin a business, profession, trade or occupation upon which a license tax is imposed under this article after July-1 January 1 of a license tax year, such license shall be obtained prior to commencement of such business, profession, trade or occupation and payment of the appropriate license tax shall be made within thirty (30) days of the time such person commences such activity. SECTION III. Section 17-31 of the Town code is amended to read as follows: Sec. 17-31. Penalty and interest for late payment of tax. (a) If any person fails to pay a license tax when the same is due and payable, he shall be subject to a penalty of ten (10) percent of the amount of the license tax which was due and payable at the beginning of the period when such tax should have been paid, in addition to the license tax imposed by this article. Such penalty shall be assessed with the license tax and shall become a part of the license tax, but such penalty shall in no case be less than two dollars ($2.00). Interest at the rate of eight (8) ten (10) percent per annum, from the first fifteenth day of August May of the license year, upon the license tax, plus penalties, shall be collected and accounted for by the municipal treasurer. (b) The payment of any penalty or interest under this section shall not relieve any person from prosecution for engaging in any business, occupation, trade, profession or railing without a license, in violation of Section 17-23. SECTION IV. Section 17-36 of the Town Code is amended as follows: Sec. 17-36. Assessment of additional tax. Whenever the municipal treasurer shall ascertain that any person shall be assessed with any additional license tax pursuant to the provisions of this article, it shall be his duty to assess such person, in writing, by registered or certified mail, return receipt requested, with such additional license tax as may be due. If such additional assessment shall be paid within thirty (30) days from the date such person shall have received notice of the additional assessment, no penalty shall accrue. If such additional assessment shall not be paid within such thirty (30) days, interest at the rate of eight-(8) ten (10) percent per annum shall accrue thereon, from the date of the additional assessment until the time of payment. SECTION V. This ordinance shall be effective January 1, 1988. 88-15 - RESOLUTION - AUTHORIZING A LOAN FROM THE GENERAL FUND TO THE AIRPORT FUND FOR THE LOCAL SHARE OF THE NORTH RUNWAY EXTENSION PROJECT WHEREAS, the Town of Leesburg entered into grant agreements with the Federal Aviation Administration and the Commonwealth of Virginia Depprtment. of.Ayietiic! r _rtension of the north runway and expansion of the apron at the airport; and WHEREAS, the Town must pay the local share of these projects which amounts to five percent of the $2.4 million total cost; and WHEREAS, the project is complete; and WHEREAS, the proceeds from the Jet Center lease with Janelle Aviation were anticipated to be used for the local share; and WHEREAS, these proceeds are to be received withinthe next two to three months; and a( 7 Minutes of the January 27, 1988 regular Council Meeting Page 9 WHEREAS, the local share must be paid immediately: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia: SECTION I. A loan to the airport fund from the general fund in the amount of$97,000 is authorized to cover the cost of the local share of the north runway extension project until lease proceeds are received. SECTION H. Interest of six percent shall be paid to the general fund from the airport fund during the term of this loan. 88-16 - RESOLUTION - AUTHORIZING A CONTRACT WITH PUBLIC ADMINISTRATION SERVICES FOR A POSITION CLASSIFICATION AND COMPENSATION STUDY OF ALL TOWN CLASSIImD POSITIONS WHEREAS, the Town of Leesburg received proposals from personnel consultants to update the town classification and pay plan; and WHEREAS, the selection committee reviewed the proposals and interviewed the proponents; and WHEREAS, the selection committee rated Public Administration Services (PAS) as the top ranked firm and contract price negotiations have been concluded THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to enter into a contract on behalf of the town with Public Administration Services in an amount not to exceed$16,980.00 for personnel consulting services for all town classified positions. 88-17 - RESOLUTION - APPROVING REVISIONS TO THE MINIMUM YARD REQUIREMENTS FOR THE POTOMAC CROSSING, SECTION ONE. FINAL DEVELOPMENT PLAN WHEREAS, the Council approved the Final Development Plan for Section One of the Potomac Crossing Planned Residential Community (PRC) on July 23, 1988, in accordance with Section 7B-5(f) of the Leesburg Planned Development Regulations; and WHEREAS, CLPS Joint Venture, developers of the Potomac Crossing PRC, have requested that the minimum yard requirements for single-family homes approved as part of the Potomac Crossing, Section one, Final Development Plan be reduced; and WHEREAS, these yard reductions will allow greater flexibility in locating homes within the subdivision and will permit larger single-family homes than might be permitted by the previously approved yards; and WHEREAS, these reductions will not change the overall density or character of the planned development: THEREFORE, RESOLVED by the Town Council of the Town of Leesburg in Virginia as follows: The following revised minimum yard requirements for single-family detached lots specified on the Final Development Plan for Potomac Crossing, Section One, are hereby approved: A. Principal Structures: 1. Large-lot single-family (minimum 9,000 square feet): Front yard: 25 feet Side yard: 8 feet or 16 feet between stn,ntIlre, Rear yard: 20 feet 2. Small-lot single-family (less than 9,000 square feet): Front yard: 15 feet (no change) Side yard: 6 feet or 12 feet between structures Rear yard: 20 feet B. All accessory structures shall meet the setback requirements specified in the Leesburg Zoning Ordinance for such structures. Minutes of the January 27, 1988 regular Council Meeting Page 10 88-18 - RESOLUTION - AUTHORIZING THE PURCHASE OF A STORM DRAINAGE EASEMENT RUNNING THROUGH THE DOUGLASS SUPPORT FACILITY, OWNED BY THE LOUDOUN COUNTY SCHOOL BOARD WHEREAS, this Council through adoption of Resolution No. 87-224 on October 14, 1987, agreed to construct future storm drainage improvements south of the proposed Bellewood Commons Development running through the Douglass Support Facility site owned by the Loudoun County School Board, in exchange for the payment of$350,000 from Bellewood Commons at the time public facilities fees are paid; and WHEREAS, the future construction of this storm drainage improvement will necessitate a storm drainage easement of approximately 24,744 square-feet on Douglass Support Facility lands; and WHEREAS, the Loudoun County School Board intends to ratify a proposed escrow agreement dated January 8, 1988, which calls for total easement consideration in the amount of$62,000; and WHEREAS, the School Board desires that the value of the projected availability fees for the Cool Spring Elementary School be credited to the total consideration due for the easements: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Payment in the amount of$62,000 as consideration for a 24,744 square-foot easement running through the Douglass Support Facility site, as shown on the attached plat, dated December 4, 1987, is authorized. SECTION H. The manager shall execute the escrow agreement attached hereto, which calls for a $15,000 non-refundable deposit and the balance of the total consideration to be applied to the County School Board's purchase of a public facilities permit and zoning permit for the Cool Spring Elementary SchooL SECTION ID. An appropriation is made from the General Fund unappropriated fund balance in the amount of$62,000 to Account No. 200-9106-700-093, transfer to storm drainage. SECTION IV. An appropriation is made to the Capital Projects Fund in the amount of$62,000 to Account No. 903-9309-700-090, Bellewood Commons storm drainage project. SECTION V. A payment is authorized to the Utility Fund from Account No. 903-9309-700-090, Bellewood Commons storm drainage project, in the amount of$47,000 for the fiscal year ending June 30, 1988, to compensate the utility fund for availability fees for the Cool Spring Elementary School, for which a credit has been received against the cost of the storm drainage easement. 88-19 - RESOLUTION - VACATING A 15-FOOT WATERLINE EASEMENT IN THE SOUTH HAVEN SUBDIVLSION WHEREAS, the prior approval of the final plat for the South Haven Subdivision necessitates the vacation of an existing 15-foot waterline easement; and WHEREAS, a new waterline has been installed in compliance with the final plat and construction drawings: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Mayor shall execute such documents as necessary, in a form approved by the town attorney, to effect the vacation of the 15-foot waterline easement running through a part of the South Haven Subdivision as shown on the attached drawing dated January 22, 1988. 88-20 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR BELLWOOD COMMONS 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 Turner-Harwood Ventures, Fairfax, Virginia for installation of public improvements shown on the plans approved by the Director of Engineering and Public Works for Bellwood Commons. SECTION H. The extension of municipal water and sewer works for Bellwood Commons is approved in accordance with Section 15-9 and 19-18 of the Town Code. Minutes of the January 27, 1988 regular Council Meeting Page 11 SECTION III.A corporate surety bond in a form approved by the town attorney from Federal Insurance Company a subsidiary of CHUBB Insurance Company in the amount of$495,833.00 is approved as security to guarantee installation of public improvements shown on plans approved by the Director of Engineering for Bellwood Commons. 88-21 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR SECTION 4 OF FOXRIDGE SUBDIVISION 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 Pulte Home Corporation, MrTaan Virginia for installation of public improvements shown on the plans approved by the Director of Engineering and Public Works for Section 4 of Foxridge Subdivision. SECTION II. The extension of municipal water and sewer works for Section 4 of Foxridge Subdivision is approved in accordance with Section 15-9 and 19-18 of the Town Code. SECTION O III.An irrevocable bank letter of credit in a form approved by the town attorney from Sovran Bank, NA in the amount of$572,680.00 is approved as security to guarantee installation of public improvements shown on plans approved by the Director of Engineering and Public Works for Section 4 of Foxridge Subdivision. 88-22 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE BOND AND APPROVING A MAINTENANCE BOND FOR PUBLIC IMPROVEMENTS, SECTION 1 OF FOXRIDGE SUBDIVISION WHEREAS, Pulte Home Corporation, the developer of Foxridge Subdivision Section 1 has completed public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit #320-86 from Capital Bank, NA in the amount of $14,070.00 is released, and a new letter of credit for a maintenance guarantee in the amount of $8,350.00 from First American Bank in a form approved by the town attorney is approved, and shall be in effect fora period of one year from this date. SECTION II. A letter of credit or other surety in a form approved by the town attorney in the amount of$1,500.00 shall be provided prior to the end of the one year maintenance period. This shall guarantee maintenance of the stormwater detention pond and shall remain in effect until the end of the maintenance period for the last section of Foxridge Subdivision. SECTION DI. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or changes. 88-23 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR #ZM-80--KAY/ROyCO RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of Public Hearing to consider rezoning application #ZM-80 by Kay/Royco to rezone 51.36 acres of land located on the southwest corner of the intersection of Long Lane (Route 654) and Sycolin,Road (Route 643), from County A-3 and R-1 to PD-IP, shall be published in the Loudoun Times-Mirror. The notice shall be published on February 11, and February 18, 1988, for public hearing on February 24, 1988, at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia. AYE: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila NAY: None 88.04 - ORDINANCE - AMENDING SECTIONS 11-62, 11-63, 11-64, 11-68, 11-69 AND 11-70 OF THE TOWN CODE REGARDING MASSAGE THERAPY On motion of Mr. Williams, seconded by Mr. Clem the following ordinance was proposed and adopted by a 5-2 vote. ; 6j° Minutes of the January 27, 1988 regular Council Meeting Page 12 WHEREAS, this Council has previously amended Article III of Chapter 11 to accommodate legitimate massage therapy which is a recognized therapeutic health service that should be made conveniently available to Leesburg citizens; and WHEREAS, the term "massage parlor" is a pejorative term that does not apply to the nwssage therapy services that are regulated and authorized in Article III, Chapter 11: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: i SECTION I. Chapter 11, Article III,Sections 11-62, 11-63, 11-64, 11-68, 11-69 and 11-70 of the Town Code are hereby amended to read as follows: ARTICLE III. MASSAGE PARLORS THERAPY LOCATIONS Sec. 11-62. Definitions. For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Massage parlor therapy location: Any establishment which offers service in the form of massage, baths, exercises or similar services, in combination to club members, or to the public for a charge. The term "massage parlor therapy location" does not include: (a) Hospitals, nursing homes, medical clinics or the offices or quarters of a physician, surgeon or an osteopath; or (b) Exercise clubs exclusively for members or clientele of one sex alone where the services, without massage in any form, are performed by persons of the same sex as the members or clientele; or (c) Barbershops and beauty parlors. Massage technician. A person who practices any one or more of the arts of body massage, either by hand or mechanical apparatus, oil rubs, corrective gymnastics, mechanotherapy, including color therapy, dietetics, hot parks, cabinet, tub, shower, sitz, vapor, steam or any other special type of bath. Sec. 11-63. Permit required. It shall be unlawful for any person to operate or engage in the business of operating any massage parlor therapy location within the town without first having obtained a permit and complying with all the provisions in this article. Sec. 11-64. Application for permit. Applicants for permit under this article shall file with the town manager an application in writing on a form to be furnished by the town manager and accompanied by a processing fee of $50.00. The application shall establish the following: (a) Name and description of the applicant and proof of the applicant's age; (b) Applicant's permanent home address and full local address; (c) Health certificates from a licensed medical doctor of the Commonwealth of Virginia; (d) The information provided in (a), (b) and (c) above with respect to all proposed employees of applicant and all future employees; (e) A complete and detailed description of the facilities for the proposed massage parlor therapy location; (0 The giwlifications and training of the applicant and all proposed employees as massage technicians; • 1 Minutes of the January 27, 1988 regular Council Meeting Page 13 (g) Information as to whether the applicant has been convicted, pleaded nolo contendere, or suffered a forfeiture within the last five years on a charge of violating any provision included in Sections 18.1-187 through 18.1-238, Code of Virginia (1950) as amended, which laws relate to sexual offenses, or on a charge of violating a similar law of any jurisdiction; Sec. 11-88. Sanitation. (a) All equipment, shower stalls, toilets, lavatories and any other such accoutrements of the establishment shall be of nonporous materials and regularly treated with disinfectants and shall be maintained in a clean and sanitary condition at all times. (b) Health inspectors shall be given access to any part of the quarters of a massage parlor therapy location for purposes of inspection at all reasonable times. (c) Farh massage parlor therapy location shall be equipped with toilet and lavatory facilities for patrons and separate readily available toilet and lavatory facilities for personnel. (d) Either the parlor quarters massage therapy location or the floor of the building on which the quarters are located shall be equipped with a lavatory for custodial services. In multiple storied, but small buildings, the custodial lavatory may be located within 100 feet of the massage parlor therapy location. Sec. 11-69. Environment. No part of any quarters of any massage parlor therapy location shall be used for, or connected with, any bedroom or sleeping quarters; nor shall any person sleep in such massage parlor therapy location except it be for limited periods incidental to and directly related to a massage or bath. This provision shall not preclude the location of a massage parlor therapy location in separate quarters of a building housing a hotel or other separate businesses or dubs. Sec. 11-70. Unlawful acts of massage technician. It shall be unlawful for a massage technician to willfully perform any of the following acts: (a) Placing of hand or hands upon, torching with any part of the body, fondling in any manner, or massaging a sexual or genital part, or any portion thereof, of any other person. (b) Exposing of a sexual or genital part, or any portion thereof to any other person. (c) Failing to conceal, with a fully opaque covering in the presence of any other person, the sexual or genital parts of such massage technician. It shall be unlawful for any person owning, operating or managing a massage parlor therapy location, knowingly to cause, allow or permit in or about such massage parlor therapy location, any agent, employee or any other person under his control or supervision, or any other massage technician to perform such acts prohibited in this section. SECTION II. All prior ordinances and resolutions in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. AYE: Councilmembers Clem, Curry, Leach, Williams and Mayor Sevila NAY: Councilmembers Kelley and Tolbert. 88-0-5 - ORDINANCE - AMENDING SECTION 17-78 OF THE TOWN CODE REGARDING MASSAGE THERAPY LOCATION LICENSE TAX A CV Minutes of the January 27, 1988 regular Council Meeting Page 14 On motion of Mr. Will;a.ns, seconded by Mr. Clem, the following ordinance was proposed and adopted on a vote of 5-2. WHEREAS, Section 17-78 of the Town Code establishes a $5,000 annual license tax for massage parlors; and WHEREAS, This Council has received letters from physicians; social workers and other health care professionals supporting a change in town regulations and fees to permit therapeutic massage; and WHEREAS, Leesburg's current massage parlor tax effectively prohibits the legitimate administration of massage therapy outside of a hospital, medical or nursing home setting, and WHEREAS, a public hearing was held on November 25, 1987: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 17-78 of the Town Code is amended as follows: Section 17-78. Massage Parlors Therapy Location. Any person conducting, operating or engaging in the business as a massage technician at a massage parley therapy location, as defined in Section 11-62 of the Town Code, shall pay an annual license tax of$5,000 $20.00 plus 0.20% of gross receipts per location. SECTION H. This ordinance shall be in effect upon its passage and all ordinances and resolutions in conflict herewith are repealed. AYE: Councilmembers Clem, Curry, Learb Williams and Mayor Sevila. NAY: Councilmembers Kelley and Tolbert. 88-24 - RESOLUTION - ENDORSING THE ECONOMIC DEVELOPMENT ADVISORY COMMISSION 1988 GOALS On motion of Mr. Kelley, seconded by Mr. William% the following resolution was proposed and unanimously adopted: WHEREAS, the Economic Development Advisory Commiccion (EDAC) has developed a comprehensive list of goals for 1988; and WHEREAS, these goals are summarized as follows: 1. Promote the extension of the Dulles Toll Road to Leesburg. 2. Continue promoting Leesburg's attractiveness for quality economic development and as a good place to purchase goods and services. 3. Maintain speaker's forum for EDAC monthly meetings. 4. Lend support to the Airport Commis ion's efforts to republish the Leesburg Airport Marketing Brochure. 5. Develop a better working relationship with the Loudoun County Economic Development Department. 6. Continue street landscaping improvement program. 7. Expand industry visitation program to include new businesses and retail and service businesses. 8. Promote industrial and office development for Route 7 and airport areas. 9. Continue increased usage of Trade Show display unit. 11110. Publish Welcome to Leesburg" brochure. 11. Monitor and participate in George Mason University or other institution of higher learning needs assessment or expression of interest in Leesburg. 12. Provide speakers to local groups. 13. Assist in the publishing of a Leesburg annual report. 14. Encourage a Leesburg bus tour for NAIOP members. 15. Expand news release program to include key economic development issues. 16. Encourage the publishing of a town business newsletter. 17. Endorse and lend support for the expeditious completion of the o<y3 Minutes of the January 27, 1988 regular Council Meeting Page 15 design and construction standards manual. 18. Establish a development forum to inform the community of development activities and processes. 19. Endorse the expeditious completion of the Municipal Government Center and Parking Complex. WHEREAS, Council has reviewed these goals and is in complete agreement as to their appropriateness: THEREFORE, RESOLVED by the Town of Leesburg in Virginia as follows: The Economic Development Advisory Commission 1988's goals are hereby supported and endorsed as consistent with the economic development objectives of the town. AYE: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila NAY: None 88-25 - RESOLUTION - APPROVING THE FINAL PLAT FOR SECTION 4, FOXRIDGE SUBDIVISION On motion of Mr. Williams, seconded by Mr. Clem the following resolution was proposed and adopted in a vote of 8-1: WHEREAS, Section 13-59(e) of the Subdivision and Land Development Regulations requires Town Council approval of cluster subdivision; and WHEREAS, the concept of this cluster subdivision was approved by agreement between the Town of Leesburg and the developer in August of 1981; and WHEREAS, Foxridge Subdivision, Section 4 is in substantial conformity with that agreement; and WHEREAS, existing storm drainage easements held by the Virginia Department of Transportation (VDOT) must be vacated prior to the sale of any affected lot; THEREFORE, RESOLVED by the Town Council of the Town of Leesburg in Virginia as follows: SECTION I. The final plat of Foxridge Subdivision, Section 4 prepared by Dewberry & Davis and received by the Town on January 27, 1988, is approved contingent on approval of the construction drawings by the Director of Engineering and any minor modifications to the plat required as a result of construction drawing review; provided, however, no zoning permits shall be issued for Lots 172, 182-184, 199 and 200, which are affected by the existing storm drainage easements held by VDOT, until evidence is provided to the Zoning Administrator that these easements have been properly vacated by VDOT. AYE: Councilmembers Clem, Kelley, Leach, Tolbert, Williams and Mayor Sevila NAY: Councilmember Curry 88-26 - RESOLUTION - AUTHORIZING THE PUBLICATION OF A COVER SHEET FOR COUNCIL AGENDAS DETAILING COUNCIL MEETING POLICIES On motion by Mr. Williams, seconded by Mr. Kelley, the following resolution was proposed and unanimously adopted: WHEREAS, this Council desires to better inform the public concerning its meetings and procedures so that citizens can communicate more effectively their concerns, comments and requests to the Council and the Council can conduct the public's business efficiently: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Clerk of Council is directed to include the attached Council agenda cover sheet with each agenda published for the use of citizens and to make available the agendas and cover sheets at the Council Chambers prior to each meeting. SECTION II. General policies contained in the cover sheet for Council meetings and public hearings are not intended to overrule Roberts Rules of Order, but are intended to articulate the Council's policies and goals for the conduct of its meeting. AYE: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Minutes of the January 27, 1988 regular Council Meeting Page 16 NAY: None 88-27 - RESOLUTION - COMMENTING ON VIRGINIA BY-WAY STATUS FOR ROUTE 15 On motion of Mr. Kelley, seconded by Mr. Tolbert, the above resolution was deferred to Committee to await information to be received from VDOT and relayed to the Mayor and Council in their packet of information on Friday, January 29. AYE: Councilmembers Clem, Curry, Kelley, Leaob Tolbert, Williams and Mayor Sevila NAY: None On motion duly made and seconded the meeting was adjourned. Robert E. Sevila, Mayor Clerk of Council