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HomeMy Public PortalAbout1988_08_0941 MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988 A regular meeting of.the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia, on August 9, 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 Richey Heronimous, Boy Scout Troop 954. Present were Mayor Sevila; Councilmembers James Clem; Christine Forester; Donald Kimball; Claxton Lovin; and Vice -Mayor John Tolbert, Jr. Staff members present were Town Manager Jeffrey H. Minor; Assistant Town Manager Steve Brown; Director of Engineering and Public Works Tom Mason; Director of Planning, Zoning and Development Martha Mason -Semmes; Peter Stephenson, Planner; and Deputy Town Attorney Deborah Welsh. On motion by Mr. Tolbert, seconded by Mr. Clem, it was recommended the minutes of the regular meeting of June 8, 1988, be approved as written. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None PUBLIC HEARING ON REZONING APPLICATION #ZM-98 BY HIGH POINT ASSOCIATES Ms. Semmes explained this rezoning is for approximately 37 acres located at the corner of Sycolin Road and Lawson Road known as the Shreve property. The Virginia Power Headquarters site bounds the property on the south, Tavistock Planned Development on the east, including the Cool Spring Elementary School which is now under construction, Fort Beauregard Develop- ment on the north which will include a commercial component, as well as townhouses and single-family homes presently under construction, and pro- posed townhouses within the Stratford Planned Development recently approved by Council to the west and a portion of the Alan Kay rezoned PD -IP property which is an industrial park. The Planned Employment Center District would permit a wide variety of light industrial and office type uses on the prop- erty. The base density of this district is .25 FAR. There is a provision in our ordinance that would permit up to a .5 FAR depending on density bonuses that are specified and which must be approved by Council. The applicant is proposing a .31 FAR overall on the property. The property is presently zoned County A-3 and County R-1. The property is shown in our comprehensive plan for planned employment use. The Planning Commission on June 16, 1988, recommended this rezoning for approval by Council with a number of conditions based on a set of draft proffers which were submitted to the Planning Commission at that time. Since that time, we received signed and notarized proffers by the property owner. She said there were a number of issues needing to be resolved, while this application is in gener- al conformance with the kind of district we would like to see for this property, we need to nail down the types of uses, the mix of uses to be permitted on this site, the appropriate density for the site, and ensuring that the property is adequately buffered from the adjacent single-family homes and elementary school site. Tom Nalls, representing High Point Associates, stated they were at the Council meeting on three different types of petition. One is a concept plan approval/town amendment which is part of the planned development, the second facet or aspect of the application is the preliminary development plan/rezoning, and the third is a special use permit to define the nature, scope and extent of any special exception uses. The property has been advertised in the newspaper and he had an affidavit showing that abutting land owners had been notified by certified mail. A year ago this rezoning application had been filed as an M-1 and, at that time, went through a review process, public hearing and into committee session with the Planning Commission and found out pretty clearly that this was not a good choice. At that time they withdrew the application and submitted one under the PEC category. They want to continue to work with Council and staff on refining this application. Beck Dickerson, a planner in Leesburg, working with the applicant and Mr. Nalls throughout this application gave a brief explanation as to where the property is located. Mayor Sevila reminded the public if they want to submit their comments in writing, the record will remain open for a period of ten days to receive any written comments relating to this application. The public hearing was closed at this time. 42 MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988 On motion by Mr. Tolbert, seconded by Mr. Clem, Council voted to refer this matter back to the Planning and Zoning Committee meeting on September 7, 1988, for further consideration. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None COUNCILMEMBER COMMENTS Mr. Lovin said he wanted to relay to Councilmembers that did not have the opportunity Mr. Kimball, Mrs. Forester and he had to attend the Virgin- ' is Municipal League conference in Richmond on July 27, 28, and 29 how en- lightening it was to have the opportunity to meet other people who are serving on Town Councils throughout the state of Virginia. Mr. Kimball thanked Mr. Minor for his letter to the citizens in refer- ence to the Hogback Mountain water tank. He said the Northern Virginia District Planning Commission is having a meeting in Leesburg in September and they are inviting jurisdictional staff members who could benefit from this -discussion. Mayor Sevila said this is a reminder that we are approaching the deadline period for legislation and if the town is going to have, as it normally does, a legislative packet to present to its legislature, we need to be thinking about it because it has to be in written form and presented to the State Legislature well in advance of the actual convening of this year's session. He also stated Council was familiar with the fact that the cable television system is changing hands and since their announced sale of the franchise to perspective purchaser, they have not been in attendance at Council meetings or other town functions and this was one way they satis- fied their local origination requirement. He asked Mr. Minor the status currently of the proposed transfer of the franchise and what is the excuse being offered at this time for not televising the meetings in accordance with the agreement that was reached with them sometime ago? Mr. Minor stated the request to sell the franchise has been referred , to the Cable Television Advisory Commission and they will be giving Council a recommendation on that. He said it also has been referred to the town attorneys to look at what the legal restrictions may be on the town's abili- ty to withhold or impose requirements on any approval. As far as their failure to televise these meetings, the first meeting they missed was due to the fact that we changed meeting nights, their subsequent failure to televise these meetings he said he had no answer. We did advise them of the change and Mr. Brown is working on that and hopefully they will have someone at the next meeting. Mayor Sevila said he also wanted to remind everyone this is 4-H Fair Week starting today and going through the week -end and he encouraged every- one to participate. MANAGER'S REPORT Mr. Minor stated he gave Council a report tonight on Potomac Crossing density issues that have been raised previously. This report attempts to address both the legal implications of what the Town Plan Annexation Area Development Policies call for on that property, as well as what makes a good land use planning sense for that property in terms of density. Another item that occurred today is Assistant Town Manager Steve Brown and he had an opportunity to meet with Downtown Business Association repre- sentatives to talk about what we intend to do about the parking situation during the three-year period of construction in this area. Mr. Minor said with the DBA's and Mr. Brown's help we are developing some good plans on interim parking locations. We are going to try and minimize the inconve- niences to the public as much as possible. A couple of items he wanted to highlight in the Activity Report are as follows: (1) The Town Branch Channel improvements -- this is the project that borders our South Harrison Street park near Market Station. It moves the channel improvements further to the west. This project will be bid sometime late in August. The contract will be awarded in September. (2) Phase VI Storm Drainage improvement program -- we have made some progress with the Park Authority and are now working with Virginia Power to obtain 43 MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988 an encroachment agreement from them. This is essential before we bid the project. Kamber Engineering is undertaking the substantial modifications to the design that were required by the Park Authority. This project, along with the Cornwall Street project, will be bid sometime together in late fall.__ _ LEGISLATION On motion by Mr. Clem, seconded by Mr. Kimball, the following ordinance and resolutions were proposed and unanimously adopted as consent items: 88-0-30 - ORDINANCE - AMENDING THE TOWN CODE TO PROVIDE FOR COMPENSATION FOR THE ENVIRONMENTAL ADVISORY COMMISSION ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 2, Article VII of the Town Code is amended to read as follows: ARTICLE VII COMPENSATION FOR BOARDS AND COMMISSIONS Section 2.87. Airport Commission Compensation of members of the town Airport Commission, exclusive of the Councilmanic appointment, after July 1, 1982, shall be $600 per annum, payable in equal monthly installments. Section 2-88. Board of Architectural Review. Compensation of members of the town Board of Architectural Review, after September 1, 1986, shall be $600 per annum, payable in equal monthly installments. Section 2-89. Board of Zoning Appeals. ' Compensation of members of the town Board of Zoning Appeals, after September 1, 1986, shall be $600 per annum, payable in equal monthly installments. Section 2-90. Economic Development Committee. Compensation of members of the Economic Development Committee, exclusive of the Councilmanic appointment and the town staff appoint- ment, after July 1, 1982, shall be $600 per annum, payable in equal monthly installments. Section 2-91. Mavor and Councilmembers Compensation of the Mayor and Members of Council, after July 1, 1986, shall be $7,500 and $6,000 per annum, respectively, payable in equal monthly installments. Section 2-91.1. Parks and Recreation Commission. Compensation of members of the Parks and Recreation Commission, exclusive of the Councilmanic appointment and the town staff appoint- ment, shall be $600 per annum, payable in equal monthly installments. Section 2.91.2. Environmental Advisory Commission ' Compensation of members of the Environmental Advisory Commission, exclusive of the Councilmanic appointment and the town staff appointment, shall be $600 per annum, payable in equal monthly installments. SECTION II. This ordinance shall be in effect upon its passage. 88-150 - RESOLUTION - AUTHORIZING A TIME EXTENSION AND APPROVING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR INSTAL- LATION OF PUBLIC IMPROVEMENTS FOR THE FIELDSTONE APARTMENTS WHEREAS, Pulte Home Corporation, the builders of the Fieldstone Apart- ments, have not completed all the required public improvements in accor- 44 MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988 dance with the approved construction drawings and town standards within the two year period agreed to in the contract for public improvements; and WHEREAS, the Town's Director of Engineering and Public Works has re- viewed the_pu¢lic improvements installed to date for the Fieldstone Apart- ments and certifies that the value of work performed is in excess of $400,000.00; and WHEREAS, a letter of credit from First American Bank of Virginia in the amount of $500,000.00 has been provided by the developer and approved by Council to guarantee installation of public improvements for the Fieldstone Apartments; I THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from First American Bank of Virginia in the amount of $500,000.00 is reduced to $100,000.00 and an extension of six months for the letter of credit is approved. SECTION II. The Town Manager shall notify the developer that liability for the letter of credit funds has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the Town or relieve the developer of responsibili- ties outlined in the contract for public improvements for the Fieldstone Apartments. 88-151 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PER- FORMANCE BOND AND WATER AND SEWER EXTENSION PER- MITS FOR THE LAWSON ROAD INDUSTRIAL PARK RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improve- ments for the improvements shown on the plans approved by the Director of Engineering and Public Works for the Lawson Road Industrial Park Develop- ment. SECTION II. The extension of municipal water and sewer works for the Lawson Road Industrial Park Development is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. An irrevocable bank letter of credit in a form approved by the town attorney from the National Bank of Northern Virginia in the amount of $64,400.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineer- ing and Public Works for the Lawson Road Industrial Park Development. 88-152 - RESOLUTION - AUTHORIZING A CONTRACT AMENDMENT WITH CAMP, DRESSER AND MCKEE FOR CONSTRUCTION ENGINEERING SERVICES IN CONNECTION WITH THE WATER POLLUTION CONTROL FACILITY EXPANSION AND UPGRADE WHEREAS, the Town of Leesburg entered into a contract with Camp, Dress- er and McKee on June 28, 1984, for construction and engineering services in connection with the town's water pollution control facility expansion and upgrade; and WHEREAS, this contract was amended by Resolution No. 87-172 dated Au- gust 12, 1987, to extend construction engineering services to November 30, 1987, and compensate Camp, Dresser and McKee for these services; and ' WHEREAS, the duration of the construction has exceeded the November 30, 1987, completion date in the amended contract which requires additional construction engineering services beyond the scope of the amended contract; and WHEREAS, services beyond the contract scope of services have been per- formed by Camp, Dresser and McKee; and WHEREAS, the town's contract with Camp, Dresser and McKee sets out procedures. for compensating the construction engineer for additional servic- es required for the water pollution control facility expansion and upgrade; and 45 MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988 WHEREAS, contingency funds presently exist to permit Environmental Protection Agency participation in the additional costs of approximately 75 percent of the increased contract amount: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Manager shall execute, on behalf of the town, Amendment No. 2 to the cost plus fixed fee contract dated June 28, 1984, for profes- sional services in connection with the water pollution control facility expansion and upgrade project in an amount not to exceed $83,600.00. ' SECTION II. The approval of contract Amendment No. 2 shall be condi- tioned upon approval by the U.S. Environmental Protection Agency and Virgin- ia Water Control Board. 88-153 - RESOLUTION - CANCELLING COUNCIL MEETING OF AUGUST 23 1988 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The regular meeting of the Leesburg Town Council scheduled for August 23, 1988, is cancelled. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None 88-154 - RESOLUTION - INITIATING A ZONING ORDINANCE AMENDMENT TO ESTAB- LISH THE H-2 ARCHITECTURAL CONTROL DISTRICT On motion by Mr. Tolbert, seconded by Mr. Clem, the following resolu- tion was proposed and unanimously adopted: WHEREAS, this Council recognizes the importance of Leesburg's arterial entrances to the town's historic district and landmarks; and ' WHEREAS, these corridors must be protected from incompatible architec- ture and poor design of development contiguous to these traditional entranc- es to Leesburg; and WHEREAS, Section 15.1-503.2 of the 1950 Code of Virginia, as amended, provides enabling authority for the town to establish architectural control districts that encompass parcels of land contiguous to arterial streets or highways found by the Town Council to be significant routes of tourist access to the town or its designated historic landmarks, buildings, struc- tures and districts; and WHEREAS, the regulation of exterior architecture within the proposed H-2 architectural control district is in the best interest of the public necessity, convenience, general welfare and good zoning practice: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment to the Leesburg Zoning Ordinance is initiated to add a new article, to be known as Article 10-B, Historic Corridor Regula- tions, to read as follows: ARTICLE 10-B ' HISTORIC CORRIDOR REGULATIONS Section 107B-1. PURPOSE AND INTENT The purpose of these historic corridor regulations is to implement the Tow Plan goal of ensuring quality urban design compatible vith Leesburg's 46 MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988 historic, architectural and tourist resources through architectural control along the town's arterial routes to the historic district. The protection of these vitaX corridors which form the tradional gateways to Leesburg's historic district will stabilize and improve property values; protect and enhance the town's attraction to tourists and visitors; and will support and stimulate complimentary development appropriate to the prominence afforded properties contiguous to Leesburg's major arterial routes. Benefits attributable to the promotion of superior design and appearance of structures constructed and altered along the town's arterial highways will ultimately promote the public health, safety and general welfare of the citizens of the town. Section 10-B-2. APPLICABILITY The regulations contained in this Article shall apply to the Historic Corridor Architectural Control District established herein. Section 10-B-3. HISTORIC CORRIDOR ARCHITECTURAL CONTROL DISTRICT CREATED An Historic Corridor Architectural Control District is hereby established as an overlay on the official zoning map under authority of Section 15.1-503.2 of the 1950 Code of Virginia, as amended, to be known as the H-2 Architectural Control District with boundaries to include all parcels contiguous to Route 15, Route 7 and the Route 7/15 by-pass, exclusive of the H-1 overlay district, and lands within 1,000 linear feet of the right-of-way centerline along Route 7 from the east corporate limit to the Route 7/15 by-pass; 500 linear feet of the right-of-way center line along Route 7 from the Route 7/15 by-pass to the east side of Catoctin Circle along its intersection with Route 7, East; 300 linear feet from the right-of-way center line along Route 7 from the west side of Catoctin Circle at its intersection with Route 7 East to the west corporate limits, exclusive of lands within the H-1 overlay district; 750 linear feet of the right-of-way center line along the length of the Route 7/15 by-pass; and 500 linear feet of the right-of-way centerline of Route 15 from the north corporate limits to the southern corporate limits, exclusive of lands within the H-1 overlay district. If any part.of a structure to be erected, altered or restored is located within these boundaries, the entire structure shall be governed by this Article. Section 10-B-4. APPLICATION TO BOARD FOR H-2 (a) Board Power to Approve No structure or building, including signs, located on land within the H-2 Architectural Control District shall be erected, reconstructed, altered or restored until the plans for such shall have been approved by the Board of Architecture Review (hereinafter referred to as Board) in the form of an issuance of an Historic Corridor Architectural Control permit as being architecturally compatible with the historic landmarks, buildings, structures, and H-1 historic district located within the town; provided, that the provisions of this article shall not apply to the regular maintenance of the same as opposed to the reconstruction, alteration or restoration. (b) Definitions For the purposes of this section changing the exterior color and/or materials of a structure, building or sign shall be deemed an alteration and not regular maintenance. For the purposes of this section a structure shall also include, but not be limited to outbuildings, fences, walls, lamp posts and light fixtures. (c) Required contents of applications When making application for an Historic Corridor Architectural Control Permit, applicants must submit information for consideration by the Board, including the following: (1) all architectural elevations drawn to scale; 1 47 MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988 (2) site plans; (3) complete materials list; {4) photographs or drawings relating the proposed project to the surrounding streetscape; (5) proposed colors; (6) lighting; and ' (7) landscaping, when required by Article 9A of this ordinance. (d) Waivers of certain requirements The Land Development Official and/or the Board may at their discretion waive any of the above requirements deemed not to be necessary for review of applications for minor alterations, demolitions or construction of walls and fences. (e) Signs When making application for an Historic Corridor Architectural Control Permit, for signs applicants must submit the following information: (1) a scale drawing of the proposed sign; (2) proposed materials for the sign and its support and the lighting method to be used; (3) the style and size of lettering; and (4) a sketch or photograph showing the proposed location of the sign on the building or site. (f) Historic Corridor Architectural Control Permit Applications for Historic Corridor Architectural Control Permits must be made on forms provided by the Zoning Administrator and must be accompanied by a filing fee as established by resolution of the Town Council. Complete applications must be submitted at least 14 days before the scheduled monthly meeting at which applicants request consideration. (g) Review of Plans in a Timely Manner The Board shall vote and announce its decision on any matter properly before it not later than 45 days after the conclusion of the public meeting on the matter, unless the time is extended by mutual agreement between the Board and the applicant or unless as provided in Section (J) of the article. (h) Board Actions on Applications In response to applications for Historic Corridor Architectural Control Permits, the Board shall approve, deny, or approve in modified form the applications. ' (i) Public Meetings Required The Board shall meet once monthly to consider applications for Historic Corridor Architectural Control Permits. The meeting of the Board shall be open to the public and a full and impartial hearing shall be granted to the applicant and to any other interested parties. (j) Board Authority to Seek Outside Advice The Board may seek technical advice from outside -its members on any application. If the Board seeks outside advice, the Board shall provide a copy of the consultant's report to the applicant and shall render a decision on the application within 90 days from the date that the complete application was filed. 48 MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988 (k) Form of Decision All decisions of the Board granting or refusing a Historic Corridor Architectural Control Permit shall be in writing, a copy of -which shall be sent to the applicant and a copy filed with the Town Office. (1) Explanation of Disapproval In the case of denial of an Historic Corridor Architectural Control Permit, the Board shall state the reasons for such denial in writing and transmit the written statement to the applicant. In the statement the Board may make suggestions that would help the applicant in the resubmission of an application. (m) Accurate Drawings of Approved Plans Required Befor4 issuing permits for any work which has been approved by the Board, the Zoning Administrator shall require applicants to submit plans that accurately reflect any changes or conditions imposed by the Board in its approval of projects. (n) Conformance with Permit Required All work performed pursuant to issuance of an Historic Corridor Architectural Control Permit shall conform to the approved plans and specifications and to any modifications required by the permit. In the event work is performed not in conformance with the permit, the Zoning Administratorshall notify the responsible person or firm in writing of the violation and shall take the necessary legal steps to ensure that the work is performed in conformance with the permit. (o) Permit Void if Construction Not Commenced An Historic Corridor Architectural Control Permit shall become void unless construction is commenced within 12 months of the date of issue. (p) Change of Plans After Issuance of Permit Any change in the work plans subsequent to the issuance of an Historic Corridor Architectural Control Permit shall require submission of a new application and issuance of a new permit. (q) Appeals (1) Appeals to the Board. The Board shall not hear the subject matter of any application which has been denied except in cases where an applicant submits his application so amended that it substantially addresses the Board's reasons for denial of the original application. (2) Appeals to the Council. Appeals to the Council from any final decision of the board of may be made by any person by filing a petition with the Clerk of Council, setting forth the basis for the appeal, within 30 days after the final decision is rendered. The filing of the petition shall stay the decision of the Board pending the outcome of the appeal to the Council, except that the filing of such petition shall not permit any construction activity which was the subject of the application on appeal to the Council. The Council may reverse or modify the decision of the Board in whole or in part, if it finds upon review that the decision of the Board is contrary to the law or that its decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the Board. 7 1 1 1 1 MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988 (3) Appeals to the Circuit Court of Loudoun County. Appeals to the Circuit Court of Loudoun County from any decision of the Council may be made by any person by filing a petition at law, setting forth the alleged illegality of the action of the Council within 30 days from the final decision rendered by the Council. The filing of the said petition shall stay the decision of the Council pending the outcome of the appeal to the Court, except that the filing of such petition shall not permit any construction activity which was the subject of the application on appeal to the Council. The court may reverse or modify the decision of the Council in whole or in part, if it finds upon review that the decision of the Council is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion or it may affirm the decision of the Council. Section 10-B-6. DESIGN CRITERIA The Board and, on appeal, the Town Council shall find that the application meets all of the following standards and criteria in approving applications filed under this Article: (a) Whether or not the proposed external architectural features, represented by the general design and arrangement, texture, color, line, mass, dimension, material and lighting reflect good urban design. (b) Whether or not the proposed structure, building or improvement is compatible with existing well designed structures, acceptable to the Board, in the vicinity of the proposed structure. (c) Whether or not proposed freestanding buildings use the same or architecturally harmonious materials, color, texture and treatment for all exterior walls; and in the case of partially freestanding buildings, whether or not the same or architecturally harmonious materials, color, texture and treatment are used on all portions of all exterior walls exposed to public view. (d) Whether or not the combination of architectural elements proposed for a structure, building or improvement, in terms of design, line, mass, dimension, color, material, texture, lighting, landscaping, roof line and height conform to accepted architectural principles for permanent buildings as contrasted with engineering standards designed to satisfy safety requirements only. (e) Whether or not, in terms of design, material, texture, color, lighting, landscaping, dimension, line, mass roof line and height, the proposed structure, building or improvement is designed to serve primarily as an advertisement or commercial display, exhibits exterior characteristics likely to deteriorate rapidly, would be of temporary or short-term L rchitectural or aesthetic acceptability, or would otherwise constitute a reasonable foreseeable detriment to the attractiveness and stability of the town's historic arterial corridors. Section 10-B-7. NO ARCHITECTURAL STYLE TO BE REQUIRED The Board and, on appeal, Town Council shall not adopt or impose any specific architectural style in the administration of this Article. 49 50 MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988 SECTION II. The Planning Commission shall report its recommendations to the Town Council on the proposed amendment within 45 days following its receipt of the proposed legislation. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None 88-155 - RESOLUTION - AUTHORIZING SIGNAL IMPROVEMENTS AT THE INTER- SECTIONS OF KING AND MARKET AND KING AND LOUDOUN I STREETS AND MAKING A SUPPLEMENTAL APPROPRIATION THEREFOR On motion by Mr. Clem, seconded by Lovin, and after an explanation by Tom Mason and considerable discussion, the following resolution was pro- posed and adopted: WHEREAS, the existing signal heads and controllers at the King Street/Market Street intersection and King Street/Loudoun Street intersec- tion are outmoded and require frequent repair; and WHEREAS, new signal heads and traffic controllers will permit the town to program signal phasing to improve traffic safety, circulation and signal reliability within the Downtown Historic District; and WHEREAS, an upgrade of the signalization of this intersection has been included in both the 1988 and 1989 fiscal year's budgets; and WHEREAS, the Director of Engineering and Public Works and the town's consulting traffic engineers, Kamber Engineering/Bellomo-McGee, Inc., recom- mend these improvements; and WHEREAS, the design and installation of the new signalization equipment can be accomplished independently of any future Council decision to prohib- it left -turns during certain hours at the intersection of King and Market and/or an additional southbound lane at that intersection; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An appropriation is made to the General Fund Account No. 4102-700-060-200, Equipment, in the amount of $19,000 for fiscal year end- ing June 30, 1989. SECTION II. The town manager is directed to have a report prepared for future Council consideration with recommendations regarding the lane config- uration of King Street at its intersection with Market and the desirability of a left -turn prohibition at this intersection during certain hours of high traffic volume. Aye: Councilmembers Clem, Forester, Lovin, Tolbert and Mayor Sevila Nay: Councilmember Kimball 88-156 - RESOLUTION - AUTHORIZING THE CHARGE-OFF OF UNCOLLECTABLE PERSONAL PROPERTY TAXES FOR 1983 On motion by Mrs. Forester, seconded by Mr. Clem, the following resolu- tion was proposed and unanimously adopted: WHEREAS, the 1950 Code of Virginia, Section 58.1-3940 provides for collection of local personal property taxes to be enforceable for only five years following December 31 of the year for which such taxes were assessed; and WHEREAS, the town's financial records contain outstanding personal property taxes for the year 1983: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the Director of Finance is authorized to charge-off from the town's financial records all outstanding personal property taxes for the year 1983. 51 MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988 Aye: Councilmembers.Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None 88-157 - RESOLUTION - AUTHORIZING THE CHARGE-OFF OF UNCOLLECTABLE WATER AND SEWER ACCOUNTS On motion by Mr. Clem, seconded by Mr. Tolbert, the following resolu- tion was proposed and unanimously adopted: ' WHEREAS, the town each year identifies those water and sewer utility accounts that are past due and considered uncollectible; and WHEREAS, a listing of those accounts for the fiscal year ending June 30, 1988, is hereby attached: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the attached listing of delinquent water and sewer accounts have been identified to be uncollectible and authority is given for the accounts to be written -off the town's books and records as uncollectible accounts. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None NEW BUSINESS 88-158 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PER- FORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR BEAUREGARD ESTATES, PHASE I On motion by Mrs. Forester, seconded by Mr. Tolbert, the following resolution was proposed and unanimously'adopted: ' RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improve- ments for the improvements shown on the plans approved by the Director of Engineering and Public Works for Beauregard Estates Phase I. SECTION II. The extension of municipal water and sewer works for Beauregard Estates Phase I is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. An irrevocable bank letter of credit in a form approved by the town attorney from American Home Funding, Incorporated of Annandale, Virginia, a subsidiary of Citizens Savings Bank, FSD of New York in the amount of $1,034,959.20 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engi- neering and Public Works for Beauregard Estates Phase I. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None 88-159 - RESOLUTION - APPOINTING WILLIAM P. MULOKEY TO LEESBURG TOWN COUNCIL TO FILL UNEXPIRED TERM OF CHARLES J. WIL- LIAMS On motion by Mr. Tolbert, seconded by Mrs. Forester, the following resolution was proposed and unanimously adopted: Mayor Sevila said he was gratified by the response we received from a number of citizens who have expressed interest, not only in those eight who came forward with their letters indicating their interest, but the many others who came to Council recommending other names. The Council did adopt what they thought was a very successful approach to this -- we were inter- ested in -attracting as wide of a variety of interest in the seat as possi- ble and he said they were successful. He said they met with each person individually in Executive Session which enabled them to have frank discus- sions on town issues, on personal qualifications, on intent, desire, and 52 MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988 interest in the community and enabled them to come up with a name. He said he did want to thank all the candidates who came before the Council. WHEREAS, a vacancy was declared by the Leesburg Town Council as a re- sult of the resignation of Charles J. Williams; and WHEREAS, Charles J. Williams was elected to a four-year term on the Town Council of the Town of Leesburg at the general election held on May 6, 1986, said term to run until June 30, 1990; and WHEREAS, the Town Council of the Town of Leesburg desires to appoint William P. Mulokey to fill this vacancy upon his qualification: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia I as follows: William P. Mulokey is hereby appointed to fill the vacancy on the Town Council, effective immediately upon his qualification as required by law. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None On motion by Mrs. Forester, seconded by Mr. Kimball, Council voted unanimously to go into Executive Session to discuss personnel matters rela- tive to appointments to Committees pursuant to Section 2.1-344(a)(1) of the 1950 Code of Virginia, as amended. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None Council returned to regular session at 10:12 p.m. On motion by Mrs. Forester, seconded by Mr. Tolbert, Council appointed ' Thomas Nalls, Joseph Trocino, Donald Butler, James Pumphrey, Joby Reynolds, Bruce Roberts and Lee Wall to the Economic Development Advisory Commission for new terms that begin July 1, 1988. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None On motion by Mr. Tolbert, seconded by Mrs. Forester, Council reappoint- ed all the existing members: Kenneth W. Robinson, Francis X. Carney, Cathe- rine R. Dodds, Emmitt W. Eccard, Jr., Frederick P. Lillis, Terrance Young and Georgia Bange to the Parks and Recreation Commission. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None On motion by Mrs. Forester, seconded by Mr. Clem, Council appointed Fred Z. Hetzel, Jr., Reavis Sproull, Maryanne Newman, Ronald J. Rogers and Elmo Blythe to the Environmental Advisory Commission. That will leave two vacancies on this Commission. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert ' and Mayor Sevila Nay: None On motion by Mr. Lovin, seconded by Mr. Clem, Council reappointed Sally Rich to the Board of Architectural Review. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None 53 MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988 On motion by Mr. Clem, seconded by Mr. Lovin, Council appointed William P. Mulokey as Councilmanic member of the Cable Television Advisory Commis- sion, effective immediately upon his qualification as required by law. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None The following resolution was prepared and unanimously adopted: ' 88-160 - RESOLUTION - MAKING APPOINTMENTS TO BOARDS AND COMMISSIONS RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The following persons are appointed to the Economic Develop- ment Advisory Committee for terms ending June 30, 1991, in accordance with Chapter 5.2, Article I of the Town Code: Donald Butler Thomas Nalls James Pumphrey Lee Wall Joby Reynolds Bruce Roberts Joseph Trocino SECTION II. The following persons are appointed to the Parks and Recre- ation Commission for terms ending as shown, in accordance with Chapter 11.1, Article I of the Town Code: Georgia Bange - 6/30/90 Francis X. Carney - 6/30/91 Catherine R. Dodds- 6/30/90 Terrance Young Emmitt W. Eccard, Jr.1- 6/30/91 Frederick P. Lillis - 6/30/90 Kenneth W. Robinson - 6/30/90 - 6/30/91 SECTION III. The following persons are appointed to the Environmental Advisory Commission for terms ending June 30, 1990, in accordance with Chapter II, Article VIII of the Town Code: Elmo Blythe Fred Z. Hetzel, Jr. Reavis Sproull Maryanne Newman Ronald J. Rogers SECTION IV. Sally Rich is reappointed to the Board of Architectural Review for a term ending June 30, 1990. SECTION V. William P. Mulokey is appointed as the Councilmanic member of the Cable Television Advisory Commission, effective immediately upon his qualification as required by law. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None On motion by Mrs. Forester, seconded by Mr. Lovin, the meeting was adjourned. Mayor Clerk of ounciI sw