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HomeMy Public PortalAbout1989_10_10 315 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 10, 1989. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia on October 10, 1989 at 7:30 p.m. The meeting was called to order by the Mayor, with the invocation given by Vice-Mayor Tolbert. Present were Mayor Robert E. Sevila, Councilmembers James E. Clem, Chris- tine M. Forester, Donald A. Kimball, Claxton E. Lovin, William P. Mulokey and John W. Tolbert , Jr. ; also Town Manager Jeffrey H. Minor, Assistant Manager Stephen Brown, Director of Engineering and Public Works Thomas A. Mason, Director of Parks and Rec- • reation Gary Huff, Deputy Town Attorney Deborah Welsh. Present from the Planning Commission were Carl Johnson and Marvin Belles. The minutes of a special meeting of September 20, 1989, a regular meeting of September 26, 1989 and a special meeting of October 4, 1989 were approved as written, with the correction that the minutes of October 4, 1989 were to be signed by Vice- Mayor Tolbert. On motion of Councilmember Forester, seconded by Mr. Tolbert, the following Resolution of Respect was unanimously adopted: RESOLUTION OF RESPECT WHEREAS, Ronald J. Rogers , former member of the Leesburg Environmental Advisory Commission and well known resident of Leesburg and Loudoun County, died September 30, 1989 following an automobile accident ; and WHEREAS, Mr. Rogers began serving as a member of the Environmental Advisory Commission for the Town of Leesburg on August 9, 1938; and WHEREAS, Mr. Rogers played an important role and was instrumental in the development of the Environmental Advisory Commission's 1988 Goals ; and WHEREAS, Mr. Rogers was a member of the Holy Trinity Lutheran Church of Leesburg where he served on the church council and as chairman of the finance committee: 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 ON PROPOSED.AIRPORT MASTER PLAN UPDATE Assistant Manager Steve Brown reported that the Airport Commission has been working hard the last few months to come up with a plan for the Airport - they are experiencing a lot of growth. The Commission has contracted for an up-date of the Master Plan with the firm of Howard, Needles, Tammen and Bergendoff, who are specialists in aviation planning. Mr. Wilke said they have been engaged in the study and preliminary research for nearly a year and have presented ways and recommendations for meeting this tonight. He gave a presentation on what was present at the Airport at the time they started and said the big issue is the toll road. Urbanization could result in land uses causing numerous con- cerns later. The toll road might lead to rapid urbanization. This is one of the very few facilities that could accommodate the whole range of general avia- tion aircraft and'this could become a reliever airport - this is a very important consideration. This part of the country could soon be well under development or be committed to development. They need to decide its future capabilities and look at its economic impact . General aviation is really two separate seg- ments. The majority are saying that the business community is increasingly finding it attractive - there is an increasing demand in the .corporate world for alternative aviation facilities. There are two types of aircraft - piston and turbine. Piston represents private or personal and turbine aircraft repre= sents generally the business side. Turbine aircraft plays a small but important part. What would be the economic impact of that activity? Approximately 60 per- cent of the demand for corporate aircraft was based on having a 60-40 split. Growing from three turbine-engine aircraft to 30 in 20 years is a two percent annual growth rate. It is projected to run at about five percent, so this is a very strong growth rate. They believe that, with the recently extended runway and availability of first-class fixed base operators, Leesburg will be on an equal with Dulles-Manassas. It is really quite strong. The majority of lines is ex- 386 MINUTES OF October 10, 1989 • 2 petted to grow at about one and one-half percent - about fifty percent higher than the Commonwealth' s . What does that mean in terms of facilities? The major facilities are t-hangars, apron areas and conventional hangars. There is a demand for a private flier (piston engine) aircraft - they are at about 70 now. They would expect there would be a demand for about 72. If growth goes as projected, but is modest , they would need almost 100 hangars by the end of the planning period. Where do they put t-hangars? There appears to be enough apron area now to accommodate the demand, but it isn' t always in the ideal place. Conventional hangars are the type just put up by Janelle Avia- tion - where major aircraft could be based out of the weather. There are two levels of facilities - a recent one of about $30,000, also with future and pro- posed aids, which would bring it to about $45,000. There is a significant growth in facilities. The runway is well designed to do what it is meant to do - he did not see any aids of assistance. They want to develop a plan. He asked what factors are to be considered that might make certain types of improvements harder? Leesburg is unique in that it is so small it is closely oriented to the runway, where many aprons would have that much space around the airport . They need to look at what they might need in accordance with their desires . They looked at a lot of land development - these people were concerned about how much of the airport property would be necessary for growth and for its most recent effect on the environment . They recommended very se- vere restrictions in other areas . There are encumbrances on development poten- tial and developers may not be able to develop that property. They might be subject to negotiation. They looked at general aviation growth. This could be developed for similar aircraft - it was a plan recommended and endorsed by the FAA. They were to talk with neighboring landowners to see how they felt about it . They are in the process of cooperating with Ward Corporation more toward the middle of the field. From a capacity point-of-view, they both have the same special capacity - they are equal. They would have to taxi to either end. The prevailing wind is from the north - something like about 60-40 to the north. Instrument landing systems would be from the north to the south. The final modification would be to look at what could be accommodated using the Ward Company' s in that same location. In overall capacity, this concept could accommodate the same aircraft and others based on the other side. There is a fuel firm on the west side of the Airport and another one would like to be in existence. This leaves us with a recommended concept on the south side, but leaves some objection to other possible arrangements. We would be looking at some costs - like a lot of money. Assuming a total package is opted - look at total acreage of a lot of 100 to approximately 102 acres - limited construc- tion - $8 million dollars. Almost 50 percent would be the Town's share. FAA would pay for 90 percent , the State of Virginia 5 percent, leaving the Town with a 5 percent share. The airport is keenly interested in this project . It would seem like a five-year time frame might be reasonable. The town might also have to look at this as a "multi" item. Once the concept is developed, you need to go into a funding operation. Circulation will be improved the interchange over. You want to be sure the airport is consistent with the town. James Feir, President of Leesburg Airport Association, introduced Sharon Denbo and David Pearce, who spoke concerning an article in the Post on October 5. Ms . Denbo cited the purposes of this association, as follows: (1) Unifying the interests of all supporters and users of the Airport and, through such unity, creating a voice more readily heard in all forums; (2) Encouraging and demonstrating a sense of responsibility on the part of the users of the airport to the community at large and to the nearby neigh- bors; (3) Establishing and maintaining good relations with the town through ac- tivities conducted by the membership to promote the airport and the Town and demonstrating through communications, reports and reviews by the media, that their association and the airport are valuable resources to the Town and the County. (4) Furthering the cause of aviation in general, as well as locally, through participation of the membership in addressing problems of flight safety and issues associated with proposed regulations and pending legislation. Specifically, with reference to the noise, assessment has been made and noise would not be a serious problem. There is a technicality with "assessment" and "study". David Pearce said he works at the airport to monitor the safety and to do the monthly report on incidents and accidents. They keep a close monitor on activities. Leesburg is known as one of the safest airports in the United States due to its outstanding control and supervision of pilots. Most of . 387 MINUTES OF OCTOBER 10, 1989. the little guys park on the large ramps and a lot of them on the south end of the field. There is a renter's arrangement where the hangars, etc. are owned by the town. They turn in $49,500 each year to the Town, for which substantially nothing is used on the south end. This has given the town $495,000 for a lot of these improvements they made. At Montgomery Airport , it will save waiting on the list for ten years to get a hangar. At Manassas, the same is true. Unfor- tunately, this plan cuts out the ability of this airport to build these. Another problem is with the automatic weather observation stations - Montgomery County, Ma- i nassas, Winchester and Leesburg all have them. They have excellent products and turn out excellent pilots . He would recommend they take a long look at that and see if they can make a compromise. We should go back to FAA for realignment of our runway for allowing AWOS to cross their patterns. He recommends that Council pass some reservations on the part of this plan and demand their hands on whatever land they can - we need this. He has worked as Chief Operator for all the FBO' s and wants to see the airport bring in some money. Three hundred aircraft would mean 300 of everything. Bill Neville of Patton, Harris, Rust and Associates, spoke on behalf of the Alan I.Kay Company, who own 981 acres west of the airport and are -most di- _ rectly affected by the land for expansion of the airport at the western end. They are interested in working with the town and want to recognize all that has been done regarding the toll road. They are generally supportive of this Master Plan. They have prepared, on a slightly larger scale where he has plotted information from AT&T. He requested that staff and Howard, Needles, Tammen and Bergendoff review this and comment on it . He has someone that might be a business for the airport - it is the best they have looked at. Mr. Minor will look at this . Robert Dubeck, Washington Area Manager for Reynolds Metal Company, exhibited a conceptual master plan(architectural) for the development of the property. This is zoned PDIP, Special Exception, to allow 50 percent of his buildings . He has a basic conceptual plan for a particular two-thirds of his facilities. Mr. Minor said they will look at this. He (Mr. Dubeck) also has flex and indus- trial buildings on a plan they have developed at Chantilly. On the Master Plan, he questioned the assumption of the second land cost and what the recorded price was (the net amount for the lots) in percentage per square foot . This should be looked at. The plan calls for an extension with instrument landing system. The grade cost would be extended to 500 feet, with a one to seven ratio - this would take them out to 640 for a future three buildings along this road; then out to the area west of Miller Drive, which would be undeveloped. He believed these are issues fairly important to them and believelthey are important to economic development in the airport area. If there is any binding decision as to their interest or the prop- erty, they would be heard and present evidence in common and appropriate form. Mayor Sevila congratulated Mr. Haynes on the general Airport Master Plan.and said a lot of hard work has gone into this, with input from a lot of people. The firm of Howard, Needles, Tammen and Bergendoff has done a great job and, since these plans are not cast in stone, they think it is a great plan for the future. He sup- ports it from the area of management. He would like to make sure they understand that the approaches to the runway exist today both from the north and south. The AWOS is a precision instrument to approach available today - he believed it should be in a special project . There are significant differences on the west side and the east side of the airport. fie believed we should all be proud that the Airport was really the catalyst in making all these things possible. He thanked the speakers and the members of the Airport Commission. Mr. Lovin presented a statement by Templar Titus - he commended the Town and Janelle Aviation. He had some concerns with the updated Master Plan that relate to noise abatement and police protection relating only to the Airport and to air- craft. The Airport was in full operation in connection with that one incident . Noise abatement should be everyone' s concern. There should be a noise abatement policy, but whose responsibility would it be? These regulations are badly ignored over the week-ends. The Airport serves less than ten percent of the population, but all the money spent in airport development is tax dollars. He hoped the Air- port Commission will seriously consider his thoughts and beliefs. Mayor Sevila announced that the record will be kept open for a period of ten days for additional written comments . On motion of Mr. Tolbert, seconded by Mr. Clem, Council voted unanimously to send this matter to the proper committee: Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. pee MINUTES OF OCTOBER 10, 1989. COUNCILlFMBER CONIMNTS: Mr. Mulokey alerted citizens to the local origination program on Cable TV. Multivision has indicated they will be working extensively with Mrs. Farmer and the Cable Commission to improve local oriented programming. It has moved from Channel 14 to Channel 37. Channel 15 will now be dedicated completely to Lees- burg Government. You will be able to see every day' s agendas and see Council meetings on 15 and all local origination on 37. This brings out the success of our local government process . Re extending bond for development of Anne Street, there is a movement of citizens that this need not be changed, but be paved before winter comes. They have been alerted to the fact that the road has been paved. Mr. Lovin congratulated Mr. Haynes; he enjoyed the coverage of the± - -- Veteran' s Center at the Airport . He has driven past it and saw the Falcon 50, or the Rolls Royce of aircraft . Also, two organizations at the high school - the Key and Keyette Clubs, re the bike-a-thon to go to Dodona Manor. They raised in excess of $2400 to donate to Dodona Manor by riding their bicycles from here to Sterling. The Key Club also has a phone-o-thon in the near future to go toward Dodona Manor. Mr. Clem said Mr. Tolbert , Mr. Mulokey and he were able to attend the cere- monies at the Veteran' s Center on April 29th. It was quite an operation. He thanked the citizens of Leesburg for attending the Fire Company' s Open House. A special note to the Police Departments of the State, County and the Town. They have some great programs going with drugs and the apprehension of people on drugs, as well as fingerprinting of all young children and giving them an I.D. card. The Police Department makes them and provides them to parents if a child should come up missing. They were able to have the Medi-Vac helicopter too. Mr. Kimball called attention to an Economic-.Developnent.-Forun fo-beTheld-in concert with the Loudoun County Chamber. of Commerce on October 24 at the new armory. This is the life-blood of our community and we should do whatever we can to sup- port it. Mrs. Forester reported that she and Mr. Tolbert held the Listening Session on Saturday. Mrs . Malacarne and several citizens from Clagett Street were present. All members of the Planning Commission attended a conference in Roanoke. Now every member of the Commission is certified or will complete the course in the spring. Mayor Sevila was present to make a presentation of the Comprehensive' Plan. She expressed her thanks to all the Commissioners - it is an indication of their concern and their effort to do this. Mr. Tolbert reported that Gary Huff attended the Keep Loudoun Beautiful meeting. He asked Mr. Huff if he will be continuing to attend. Mr. Huff said it is debatable. MANAGER'S REPORT: Mr. Minor reported that staff has been working with consultants , Land and Community Associates, of Charlottesville to develop a Design Manual. They are doing this for an area that is not part of the historic area. It is a greater challenge than they thought . They have been working in step with the consultant and he believes they will have a very good product for the Council. While the H-2 District did not receive the popularity, the Commissioner of Zoning Districts did, there was a fairly articulate group of people expressing some concerns about it. Prior to the first November committee meeting, they will have a meeting with the citizens and give them the document a week in advance and share ideas from their Council and try to incorporate as many of their suggestions and concerns as they might have. They expect this H-2 design manual and revised ordinance to be on their desks the first meeting in December. Mr. Minor distributed some comments made by Peter Stephenson at a previous meeti.hg. The proposal so far has been that the Town would receive those funds on an annual basis, based on population. They have used about twenty percent. He believed initially they would have about $300,000 - that is too small an amount to address some of the major transportation problems identified in the CIP and Town Plan. There are some signalizations described in the list . They won' t occur next year or the next, but will be paid for by VDOT or the development community. This leaves the town with five or six pieties of correspondence. :here- the Route 1. Ras- north of Route to be completed. This is are portions of i ,r•y cc _- _ the leo. ;. transportation project ::e have and file most safety oriented. it we �_ a 300 da.;s of actual construc- tion, get S5}C,n0�.) ir. the next. tree ,_mescal years a _ tion, we could widen the Sy-pass from near the north corporate limits all the 3.9 MINUTES OF OCTOBER 10, 1989. way through the By-Pass. We have no word of action by the Transportation Commission at this time. This really corresponds to the successful decisions Council has made in listing this as a very worthwhile Council project . There has been some concern about the overpass at Sycolin Road - it is a multi-million dollar contract and there are not sufficient funds to pay for this out of fuel dollars . Mr. Mulokey voiced his concern that it is taking so long to pass the H-2 legis- lation. Every day driving to work he sees new buildings going up - he hopes they will get this legislation in place soon. Mr. Kimball was concerned about the intersection at Sycolin Road and the By-Pass. 111 He understood that the County School Board has proposed something to the Town con- cerning this . Mr. Minor advised that he has correspondence both from the School Board and the County Board of Supervisors . He also has a memo from Calvin Grow con- cerning this situation. He also advised that this information should be sent to both bodies by way of a letter. This part of the By-Pass is not the responsibility of the Town - it is maintained by VDOT. The town, however, does have some responsi- bility to try to influence some of the decisions made by VDOT. There are no funds to do a by-pass at this time. Council may wish to do "No Left Turn"s at this time. Signalization is a certainty there and we do have a contract with VDOT to signalize. The By-Pass will be signalized. Mayor Sevila asked if Calvin is looking at the pos- sibility of alteration or modification? Mr. Minor said Yes, he is. Mr. Kimball said this particular intersection is a problem area - it is a very tricky area there. He believed the County is right in generating traffic back to Cool Spring School. It needs some attention now - not in the future. Mr. Minor said it was the town that first wrote VDOT to start this immediately. MAYOR'S REPORT Mayor Sevila reported that the Citizen' s Advisory ad hoc committee concluced its work last night. He had the opportunity, along with Carl Johnson, to serve as a non-voting member. He commended that committee and the outstanding citizens that, over a 12-week period , have reviewed painstakingly all the proposed amendments and put together a fairly comprehensive report to be submitted to the committee next week. He congratulated the committee members and thanked them for a job well done. The idea was that he would serve as an additional liaison from April 6th to the round table on June 24th. It was an excellent experience for all of them - he would not be surprised if it became a regular part of the Planning Committees. It gives people a chance to be heard. It has been a great week. He had the opportunity to be a part of one of the programs for Planning Com- mission seminars put on by Virginia Tech. Our Planning Commission was in full at- tendance (he believed they were the only jurisdiction with the entire Planning Commission there, as well as elected offocials. ) He commended them for that sacri- fice of taking time off from work and doing that job for the Town. He felt their work shows this. He was proud to be able to attend with them. Concerning Parks and Recreation - He had the opportunity recently to be the guest of the Mayor of the Town of Herndon, along with three members of the Town's staff - (Jimmy Kidwell , John Johnson and Randy Shoemaker) . The four of them man- aged to do what they have been threatening to do - go down and take from the Mayor the Mayor' s Cup in golf. The Chief did a great job of carrying out the order. LEGISLATION: 89-203 - RESOLUTION - MAKING AN APPOINT? NT TO THE LEESBURG PLANNING COMMISSION On motion of Mrs . Forester, seconded by Mr. Lovin, the following resolution was proposed: WHEREAS, a vacancy exists on the Leesburg Planning Commission: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Frederick R. Williams is appointed to the Leesburg Planning Commission for the unexpired tern of Reginald K. Gheen. • Councilmembers Lovin, Forester and Mulokey were impressed by his ability to deal with conventional areas in a respectful manner. They believed he will be an asset to the Commission. Mayor Sevila seconded these comments and expounded on them. The resolution was adopted by a vote of 5 to 2: • 390 MINUTES OF OCTOBER 10, 1989 MEETING. aye: Councilmembers Forester, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: Councilmembers Clem and Kimball. 89-204 - RESOLUTION - MAKING AN APPOINTMENT TO THE LEESBURG PARKS AND RECREATION C01cI I S S I ON On motion of Mrs . Forester, seconded by Mr. Tolbert , the following resolution I was proposed: I WHEREAS , a vacancy exists on the Leesburg Parks and Recreation Commission: r THEREFORE, RESOLVED by the Council of the Town of Leesburg, in Virginia as follows: is Jane Fellows is appointed to the Leesburg Parks and Recreation Com- mission for a term to expire June 30, 1991. There were favorable comments by Mr. Mulokey, the Mayor and Mr. Tolbert. The resolution was unanimously adopted : Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and '... :)r Sevila. Nay: None. On motion of Mr. Clem, seconded by Mr. Tolbert , the following items were unanimously adopted as consent items : 89-0-28 - ORDINANCE - AMENDING CHAPTER 12. 1 OF THE TOWN CODE REGARDING REVISED ?AY AND CLASSIFICATION PLAN TO RECLASSIFY THE ZONING OFFICER PO- SITION TO ASSISTANT ZONING ADMINISTRATOR WHEREAS , administration of zoning permits is increasing at a rapid rate: and WHEREAS, as a result of [he town' s growth, additional duties and responsi- bilities have been assigned to the current zoning technician; and WHEREAS, recruitment is underway for a new zoning technician: \ THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I. Section 12. 1-10. Classification of town employees by occupational group and pay grades , is amended to read as follows: Sec. 12. 1-10. Classification of town employees by occupational groups and pay grades. Employees in the town service are classified in the following occupational groups and pay grades : Occupational Groups Position - Pay Grade Executive-Managerial Dir. of Engineering 27 & Public Works Chief of Plan Review 2; Dir. of Utilities 26 Director of Finance 26 Dir. of Planning, Zoning 26 and Development Assistant Town Manager 26 Chief of Police 26 Dir. of Parks and Recreation 24 I Law Enforcement Parking Control Officer 1 Police Officer 11 Corporal 13 Sergeant 15 • Investigator 13 • Lieutenant 18 Administrative Clerical Captain 21 Clerk Typist 4 Data Entry Clerk 3 Secretary 5 Accounting Clerk I 4 Accounting Clerk II 5 Administrative Secretary 7 Zoning & Development Asst 10 Executive Seccretary - -- -- 10 ---- 11 391 MINUTES OF OCTOBER 10, 1989 MEETING. I ' • . 1 Clerk of Council 11 Deputy Clerk of Council 8 Personnel Assistant 8 Public Information Officer 8 Supervisory Supt. Equipment Maintenance 15 Water Supply Superintendent 18 Superintendent Bldgs., 17 Grounds and Maintenance Utility Lines Superintendent 17 WPCF Superintendent 18 Technical Recreation Supervisor n/a Asst. Utility Plant Mechanic 5 Heavy Equip. Operator 7 Utility Billing Technician 8 Asst Streets, Bldg. & Grounds 13 • Superintendent • Operator I 11 • Operator II 10 • Operator III 7 Operator IV 4 Asst. Ut. Lines Superintendent 13 Maintenance Asst. UC Lines Superintendent 13 l&I • l&I Technician 7 • Senior Inspector 14 • Senior Utility Plant Mechanic 11 • Asst. Water Supply Supt. 13 Capital Projects Coordinator 18 Capital Projects Representative 14 Asst. WPCF Superintendent 13 • Facility Inspector 13 Engineering Technician 12 • Planning Technician 11 Zoning Technician 11. Assistant Zoning Admi 'st 14 beeing-CUE--44 44 IlProfessional Systems . aician 8 Meter Tecnarcian 5 Chief of Operations & 18 • Inspections • Engineer II 18 • Traffic Engineer 18 Engineer I 15 Asst. Dir. Planning, Zoning & 23 Development Planner I 15 Planner II 17 Asst Director of Finance 15 Zoning Administrator 19 Construction/MaintenanceLaborer 1 . Maintenance Worker II 7 Maintenance Worker I 5 • Mechanic II 7 Mechanic I 5 SECTION II. All prior ordinances in conflict herewith are repealed. SECTION EEL This ordinance shall be effective upon adoption. I 1 ! 392 MINUTES OF OCTOBER 10, 1989 ?METING. 89-205 - RESOLUTION - AUTHORIZING AN OFFER TO JAMES AND BERNICE MURRAY FOR FEE SIMPLE PURCHASE OF 2.3033 ACRES NEEDED FOR THE SOUTH RUNWAY EXTENSION AT THE LEESBURG MUNICIPAL AIRPORT. WHEREAS, Resolution No. 88-201 authorized an offer and condemnation pro- ceedings on 2. 3033 acres needed for a clear zone for the extended runway; and WHEREAS, an updated appraisal has been completed; and W}iE"=4S, an updated offer is required to match the new appraisal; and WHEREAS, the FAA has authorized the process used to establish the value of the remaining property south of the airport; and WHEREAS, the FAA recommends fee simple acquisition of the entire parcel of land owned by James and Bernice Murray; and WHEREAS,: the FAA and the Commonwealth of Virginia will fund 95% of the land acquisition costs. THEREFORE, ESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. James and Bernice Murray are hereby offered the sum of $300,000 for the purchase of fee simple title to the 2.3033 acres, more or less shown on the attached plat of floss , France and Ratliff, Ltd. dated Aug- ust 20, 1957, on condition that title to the land affected is free and clear of all defects, liens or encumbrances. The property will be con- veyed according to the plat and description described above by good and proper deed, a copy thereof is attached with the usual warranties of title within thirty (30) days after written acceptance of this offer, with a right of entry commencing at the time of acceptance. SECTION II. The previous offer is hereby withdrawn. 39-206 - RESOLUTION - AUTHORIZING AN OFFER TO LEE AND SUE ` AYES FOR FEE SIMPLE ?URCHASE OF 1 .2981 ACRES NEEDED FOR THE SOUTH RUNWAY EX- TENSION AT THE LEESBURG MUNICIPAL AIRPORT. WHEREAS, Resolution No. 30-203 authorized an offer and condemnation proceedings on 1.2531 acres needed for a clear zone to the extended run- way; and WHEREAS, an updated appraisal has been completed ; and WHEREAS, an updated offer is required to match the updated appraisal; and WHEREAS, the FAA has authorized the process used to establish the value of the remaining property south of the airport; and WHEREAS, the FAA recommends fee simple acquisition of the entire parcel of land owned by Lee and Sue Mayes; and WHEREAS, the FAA and the Commonwealth of Virginia will fund 95% of the land acquisition costs. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: SECTION I. Lee and Sue Mayes are hereby offered the sum of $155,500 for the purchase of fee simple title to the 1. 2981 acres, more or less, shown on the attached plat and description made by Ross , France and Ratliff, Ltd. dated November 27, 1987, on condition that title to the land affected is free and clear of all defects, liens or encumbrances. The property will be conveyed according to the plat and description described above by good and proper deed, a copy thereof is attached with the usual warranties of title, within thirty (30) days after written acceptance of this offer, with a right of entry commencing at the time of acceptance. SECTION II. The previous offer islhereby withdrawn. • 793 MINUTES OF OCTOBER 10, 1989 MEETING. 89-207 - RESOLUTION - AUTHORIZING AN OFFER TO THE MOOSE LODGE #1041 FOR FEE SIMPLE PURCHASE OF 2.0446 ACRES AND THE PURCHASE OF AN EASEMENT ON 3.8554 ACRES NEEDED FOR THE SOUTH RUNWAY EX- TENSION AT THE LEESBURG MUNICIPAL AIRPORT. WHEREAS, Resolution No. 89-63 authorized fee simple purchase and easement acquisition offer for the Moose Lodge property needed to establish a clear zone for the airport runway extension; and WHEREAS, an updated appraisal has been completed; and WHEREAS, an updated offer is required to match the updated appraisal; and WHEREAS, the FAA has authorized the process used to establish the value of the remaining property south of the airport ; and WHEREAS, the FAA recommends the purchase; and WHEREAS, the FAP. and the Commonwealth of Virginia will fund 957, of the land acquisition costs: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Moose Lodge #1041 is hereby offered the sum of $392,000 for the purchase of fee simple title to the 2.0446 acres and avigation easement over and across 3.8554 acres, more or less shown on the attached plat and description made by Ross, France and Ratliff, Ltd. dated August 20, 1987, on condition that title to thee land affected is free and clear of all defects, liens or encumbrances. The property will be conveyed ac- cording to the plat and description described above by good and proper deed, a copy thereof is attached with the usual warranties of title, within thirty (30) days after written acceptance of this offer, with a right of entry commencing at the time of acceptance. SECTION II. The previous offer is hereby withdrawn. 89-208 - RESOLUT_ION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND SEWER EXTENSION PERMITS FOR THE EXETER/BIG SPRINGS SEWAGE PUMPING STATION. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Manager shall execute the contract for public improvements shown on the plans approved by the Director of Engineering and Public Works for the Exeter/Big Springs Sewage Pumping Station. SECTION II. The extension of municipal sewer for the Exeter/Big Springs Sewage Pumping Station is approved in accordance with Section 15-9 of the Town Code. SECTION III. The irrevocable bank letter of credit in a form approved by the Town Attorney from First American Bank in the amount of $254,336.00 is ap- proved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for the Exeter/Big Springs Sewage Pumping Station. 89-209 - RESOLUTION - AUTHORIZING A TIME EXTENSION OF THE PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR SOUTH HAVEN SUBDIVISION. WHEREAS, Tedence Incorporated, the developers of South Haven Subdivision have not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two year period agreed to in the contract for public improvements and the extension thereto; and WHEREAS, all the housing units in the subdivision have been sold by the builder and are occupied; and WHEREAS, the letter of credit from Farmers and Merchants National Bank of Hamilton, Virginia dated April 10, 1989, iwhich guarantees the installation of public improvements, in the amount of $68, 758.00, will expire on 'October 10, 1989; and 39's MINUTES OF OCTOBER 10, 1989 MEETING. WHEREAS, a new letter of credit from Farmers and Merchants National Bank of Hamilton, Virginia in the amount of $68, 758.00 has been provided by the developer to guarantee installation of the remaining public improvements for South Haven; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $68,753.00 to guarantee installation of the remaining public improvements: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as fol- lows: SECTION I. The letter of credit from Farmers and Merchants National Bank of Hamilton, Virginia in the amount of $68, 758.00 in a form approved by the Town Attorney and a request for an extension of 30 days for the installation of public improvements is hereby approved. SECTION II. In the event the public improveme is in the South Haven Subdivision are not satisfactorily completed, as determined/the Director of Engineering and Public Works, prior to November 9, 1989, the town hereby authorizes the Town Manager to declare the Developer in default of his contract and the manager is authorized to request payment pursuant to the letter of credit from Farmers and Merchants National Bank of Hamilton, Virginia. 89-210 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE TOWN'S SERVICE TO RECLASSIFY THE ZONING OFFICER POSITION TO AS- SISTANT ZONING ADMINISTRATOR. WHEREAS, the administration of zoning permits is increasing at a rapid rate; and WHEREAS, as a result of the town's growth, additional duties and responsibilities have been assigned to the current zoning technician; and WHEREAS, recruitment is underway for a new zoning technician: The positions and numbers of employees in the town services established for the fiscal year beginning July 1 , 1989, are amended as follows: Number of Full-Time Equivalent Positions Available LEGISLATIVE DEPARTMENT Clerk of Council 1 Deputy Clerk 1 EXECUTIVE DEPARTMENT Manager 1 Assistant Town Manager 1 Executive Secretary 1 Personnel Assistant 1 Public Information Officer 1 Clerk Typist 1 FINANCE DEPARTMENT Director of Finance 1 Assistant Director of Finance 1 Accounting Clerk II 1 Accounting Clerk I 1 Systems Technician 1 Utility Billing Technician 1 POLICE DEPARTMENT Chief of Police • 1 Captain 2 Lieutenant 1 _Sergeant 8 { Corporal 2 Investigator 1 Police Officer 17 Administrative Secretary 1 Secretary 1 Parking Control Officer 1 Data Entry Clerk 1 . . 3961 MINUTES OF OCTOBER 10, 1989 meeting ENGINEERING AND PUBLIC WORKS ADMINISTRATION Director of Engineering and Public Works 1 Traffic Engineer 1 Administrative Secretary 2 ENGINEERING AND INSPECTIONS Chief of Plan Review 1 Chief of Operations/Inspections Engineer II 3 Engineer I 1 Capital Projects Coordinator 1 Capital Projects Representative 1 Senior Inspector 1 Facility Inspector 3 Engineering Technician 1 STREET MAINTENANCE Superintendent 1 Asst. Superintendent Maintenance Worker II 3 Maintenance Worker I 5 Laborer 8 Laborer (Temporary) EQUIPMENT MAINTENANCE Superintendent 1 Heavy Equipment Operator 1 Mechanic II Mechanic I 1 Laborer 1 1 PLANNING, ZONING AND DEVELOPMENT Dir. Planning, Zoning & Development 1 Asst. Dir. Planning, Zoning & Development 1 Zoning Administrator 1 Planner II 5 Planner I 2 Planning Technician 1 Zoning Technician 1 Zoning G(� 1 . Assistant Zoning Administrator Zoning and Development Assistant 1 Administrative Secretary 2 Secretary 1 PARKS AND RECREATION Director of Parks and Recreation 1 Administrative Secretary 1 Recreation Supervisor Part-Time 1 UTILITIES ADMINISTRATION Director of Utilities 1 Engineer II 1 Senior Utility Plant Mechanic 1 Administrative Secretary 1 Asst. Utility Plant Mechanic 1 WATER POLLUTION CONTROL Superintendent 1 Asst. Superintendent 1 Operator I 4 Operator II 2 Operator III 2 Laborer 1 Laborer (Temporary) .25 396 MINUTES OF OCTOBER 10, 1989 MEETING. UTLIITY LINES Superintendent 1 Asst. Superintendent I&I 1 Asst. Superintendent Maintenance 1 Maintenance Worker II 2 Maintenance Worker I 2 I&I Technician 1 Meter Technician 1 Laborer 2 Laborer (Temporary) .25 WATER SUPPLY Superintendent 1 Asst. Superintendent 1 Operator I 1 Operator II 4 Operator LEI 1 Operator IV 1 Temporary .25 TOTAL PERSONNEL AUTHORIZED Full Time Equivalent 146.75 Part Time Temporaries 8 1 397 MINUTES OF OCTOBER 10, 1989 MEETING. 89-211 - RESOLUTION - APPOINTING KATHERINE L. IMHOFF AS ACTING ZONING ADMINISTRATOR WHEREAS, A. J. Conlon, Jr. resigned his position as zoning administrator effective October 6, 1989; and WHEREAS, as Director of the Department of Planning, Zoning and Development, and through her planning education and experience, Katherine L. Imhoff is qualified to serve as acting zoning administrator during the search for a zoning administrator; and WHEREAS, pursuant to Leesburg' s municipal charter, the Leesburg Town Council is responsible for making this appointment ; and WHEREAS, the town manager has recommended this appointment: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Katherine L. Imhoff is hereby appointed as acting zoning administrator for the Town of Leesburg until such time as this Council appoints a zoning administra- tor to fill this vacancy. 89-212 - RESOLUTION - APPROVING AN AGREEMENT WITH LEESBURG FORD AND MAKING AN APPROPRIATION FOR RELOCATION OF THE EXISTING WATER LINE IN THE RIGHT-OF-WAY OF RELOCATED LAWSON ROAD. WHEREAS, the existing water line in the right-of-way of relocated Lawson Road needs to be lowered to allow construction of Lawson Road by Virginia De- partment of Transportation; and WHEREAS, the Leesburg Ford Service Center needs to connect to and ex- tendthesame--water line; and WHEREAS, an agreement with Leesburg Ford for relocation of the existing water line has been reviewed and approved by the Town Attorney; and f.:HEREAs, the construction drawings for the relocation of the water line have been approved by the Director of Engineering and Public Works; and WHEREAS, Virginia Department of Transportation will reimburse the Town for 95% of the cost of the water line relocation: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The agreement with Leesburg For? for relocation of the existing water line in the right-of-way of relocated Lawson Road is approved and an appro- priation in the amount of $39,000.00 is made to Utility Fund Account #3120-700-240-300. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. On motion of Mr. Tolbert , seconded by Mr. Mulokey, a proposed resolution concerning construction of an alternative education/special education school was unanimously referred back to staff: Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. 89-213 - RESOLUTION - ACCEPTING A GRANT OFFER FROM THE VIRGINIA DIVISION OF HISTORIC LANDMARKS TO ASSIST IN THE PURCHASE OF DODONA MANOR AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE FORM LETTER AGREEMENT. On motion of Mr. Tolbert, seconded by Mrs. Forester, the following resolution was proposed and unanimously adopted: WHEREAS, the Virginia Division of Historic Landmarks has granted $500,000 to assist with the purchase of Dodona Manor; and •398 MINUTES OF OCTOBER:10, 1989 MEETING. WHEREAS, these funds were made available effective July 1, 1989 and must be spent by June 30, 1990; and WHEREAS, the $500,000 grant cannot be carried over to the next fiscal year: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia • as follows: SECTION I. The $560,000 grant from the Virginia Division of Historic Land- 1 to assist with the purchase of Dodona Manor is hereby accepted. SECTION II. The town manager is hereby authorized to execute the neces- sary form letter agreement with the Division of Historic Landmarks. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. 89-214 - RESOLUTION - MAKING A SUPPLEMENTAL APPROPRIATION FOR CONSULTING LinULNLhRIf:G SERVICLS FUR PLAN RhVIhW On motion of Mrs . Forester, seconded by hr. Tolbert, the following resolution was proposed: WHEREAS, William H. Gordon Associates, Inc. is currently under contract with the Town to review construction drawings; and WHEREAS, the appropriation for plan review services in the FY90 budget is $150,000.00 and UHE EAS , the actual cost for review of plans by William H. Gordon Associates, Inc. is greater than budgeted for and the estimated cost for FY90 is $345,000.00; and WHEREAS, the plan review serviceswrovided by William H. Gordon Associates are essential to the Town in order to meet statutory time limits for review:. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An appropriation is made from the General Fund unappropriated balance in the amount of $195,000.00 to Account #3401.300.020. 200 for the fiscal year ending June 30, 1990. SECTION II. The upset limit in the Contract with William H. Gordon Associates, Inc. is increased from $200, 000.00 to $345,000.00. Mrs. Forester believed the contract with Gordon Associates has certainly helped the Planning Commission and is just an acknowledgment of our commitment to help as much as they can. Mr. Minor said that in the committee packet last week there were several graphics that depicted some of the trend. While the number of appli- cations is ,of- concern,the time to review is going down dramatically. About ten months ago, we were at/five to six months between reviews - we are now at 50 to 60 days between. Also, the number of construction drawings approved each month is three to four, where before it was around one per month. All of this points to the fact that we are now beginning to realize benefits through this contract. It is a combination of this contract and our Engineering Department. The trend was beginning to go down before the contract with Gordon was implemented. She believed we are optimistic about it going down. We are trying to reduce a backlog and it has been reduced. This is additional expense. We will have to implement some procedures that allow us to wean ourselves from the consultants in the next fiscal year so that we are back to doing the bulk of this work "in house." Mr. Mulokey felt the other benefit we are getting for our money is improved'adherence to our standards and improved structures and development . We are helping our developers and citizens to live in a better town. Mr. Minor felt everyone is satisfied within the last five years that we have performed the most complete reviews of any jurisdiction. We are now in a position that we are one of the faster of the jurisdictions as to how long it takes to review and get complete comments on a plan. The resolution was unanimously adopted: Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. "_.. 399 MINUTES OF OCTOBER 10, 1989 MEETING. 89-215 - RESOLUTION - AUTHORIZING PUBLICATION OF NOTICE OF PUBLIC HEARING ON VACATION OF BOUNDARY LINES ON LOTS 1-4, BLOCK G, FAIRVIEW SUBDIVISION. On motion of Mrs . Forester, seconded by Mr. Mulokey, the following resolution was proposed: WHEREAS, the recorded subdivision plat of Fairview Subdivision, Block G, as recorded in the land records of Loudoun County, shows three boundary lines separating lots 1-4; and WHEREAS, these lots do not meet various requirements of the Leesburg Zoning Ordinance and are classified as non-conforming; and WHEREAS, the owner of these lots desires that the three boundary lines separating lots 1-4 be vacated to create a single lot that conforms with the Leesburg Zoning Ordinance: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider the vacation of boundary lines on lots 1-4, Block G, Fairview Subdivision, as provided for in Section 15. 1-482 of the State Code, as amended, shall be published in the Loudoun Times- Mirror on October 26, 1989 and November 2, 1989 for public hearing on No- vember 14, 1989 at 7 :30 p.m. in the Council Chambers , 10 Loudoun Street, S.W. , Leesburg, Virginia. Mr. Clem asked what the time table is on this hearing? Mr. Minor explained that it can be approved the night of the hearing - it doesn' t affect the timing or approval of this subdivision at all . The time it would take to submit a new subdivision, along with review time and approval of Planning Commission, etc. , would be a minimum of four months. That process has to go forward. We have already told the applicant we will use the application that has lot lines that respond to proposed revised lots . In the past, we have carefully allowed ad- ministrative policy to align adjustments signed by the Zoning Administrator and II/ the land development official. Our Subdivision Ordinance and Deputy Town At- torney' s mind believes that we are better off if it is not precise enough in contracts where we are citing boundary lines. Here we are totally revising a subdivision, resulting in more lots . Where there is a vacation, there is always a requirement for a public hearing. We have forwarded these many times before where they are mainly related to road vacations, etc. This is a pro- cedural matter and won' t affect the applicant one way or the other. Mr. Hicks said the opinion from legal counsel is that , when lot lines such as these are vacated, it requires that we conduct a public hearing. We have been furnished a copy of the ordinance tonight . He can' t administratively ap- prove this tonight - it has to be administratively approved and duly adver- tised for a period of two weeks. The purpose of this resolution tonight is to set a public hearing - whether we will act on it that night is questionable or send it to committee for comments . The important thing is that , in any event, we can also accomplish this and, in the meantime, the Planning Commis- sion can go ahead with approval of this subdivision. He has seen this on two occasions - we have to follow the procedures. They think Mrs . Campbell can submit a subdivision plat and construction drawings. They anticipate ap- proval of the revised subdivision plat. Those reviews have to take place regardless. Mr. Minor will meet with Mrs. Campbell at 10:00 a.m. tomorrow morning. The resolution was unanimously adopted: Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. 89-0-29 - ORDINANCE - AMENDING SECTION 10-2 OF THE TOWN CODE TO COMPLY WITH A REVISION IN THE STATE CODE. WHEREAS, a recent amendment to the Code of Virginia has changed Title Number 46. 1 to 46. 2 effective October 1 , 1989; and is WHEREAS, Title 46. 1 of the Code cf Virginia/referenced by Section 10.2 Adoption of State Law: 400 MINUTES OF OCTOBER 10, 1989 MEETING. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I . Section l0-2 of the-Town :Code is- herebyzamended-to Lead--as follows: Sec. 10-2. Adoption of state law. All of the provisions and requirements contained in chapters 1, 3, 3. 1, 4, 5, 8 and 10 of Title 46:i 46.2 of the Code of Virginia, as amended, presently in effect , to the extent that such provisions are not included in this Code, except those which by their very nature can have no appli- cation within the municipality, or which the violation thereof consti- tutes a felony, are hereby adopted and made a part of this chapter as fully as though set out herein, and are hereby made applicable within the municipality. It shall be unlawful for any person, within the mu- nicipality or its jurisdiction to violate or fail , neglect or refuse to comply with any section of the Code of Virginia which is adopted by this section. SECTION II. The penalties applicable to said violations are hereby in- corporated. SECTION III. All prior ordinances and resolutions in conflict herewith are repealed. 89-216 - RESOLUTION - AUTHORIZING AN OFFER TO KENNETH McKEEHAN FOR FEE SIMPLE PURCHASE OF 1. 927 ACRES NEEDED FOR THE SOUTH RUNWAY EXTENSION AT THE LEESBURG MUNICIPAL AIRPORT. On motion of Mrs . Forester, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, Resolution No. 88-253 authorized an easement acquisition offer for the McKeehan property needed to establish a clear zone for the airport runway extension; and WHEREAS, negotiations continue to progress; and WHEREAS, the FAA has authorized the town to purchase the property in fee as opposed to easement to provide sufficient area for future expansion; and WHEREAS, the FAA and the Commonwealth of Virginia will fund 95% of the land acquisition costs: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Kenneth McKeehan is hereby offered the sum of $251,820 for the purchase of fee simple title to the 1 927 acres , more or less shown on the attached plat and description made by Ross, France and Ratliff, Ltd. dated November 27, 1987, on condition that title to the land affected is free and clear of all defects , liens or encumbrances. The property will be conveyed according to the plat and description described above by good and proper deed, a copy thereof is attached with the usual warranties of title, within ninety (90) days after written acceptance of this offer, with a right of entry commencing at the time of acceptance. SECTION II . The previous offer is hereby withdrawn. Deputy Town Attorney Deborah Welsh explained that they feel it is based on December prices to accommodate this particular purchase. This is also true for the Eaton property. This also amends the petition so that unknown heirs will be purchasing this property from them. The resolution was unanimously adopted: Aye: Councilmembers Clem: Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None . MINUTES OF OCTOBER 10, 1989 MEETING. 39-217 - RESOLUTION - AUTHORIZING AN OPTION TO PURCHASE 2.0240 ACRES NEEDED FOR THE SOUTH RUNWAY EXTENSION AT THE LEESBURG MUNICIPAL AIRPORT. On motion of Mrs. Forester, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted, as follows: WHEREAS, Resolution No. 33-48 authorized an easement acquisition offer for the 2.0240 acres of land possibly standing in the name of Mark D. Eaton, Trustee, needed to establish a clear zone for the airport runway exten- sion; and WHEREAS, negotiations continue to progress; and WHEREAS, the FAA has authorized the town to purchase the property in fee as opposed to easement to provide sufficient area for future expansion; and WHEREAS, the FAA and the Commonwealth of Virginia will fund 95% of the land acquisition costs: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Council hereby authorizes the option to purchase for the sum of $264,496 fee simple title to the 2.0240 acres more or less shown on the attached plat and description made by Ross, France and Ratliff, Ltd. dated November 27, 1987, for a period of six months until such time as Mark D. Eaton holds clear title to the property. The property will be conveyed according to the plat and description described above by good and proper deed, a copy thereof is attached with the usual warranties of title, within ninety (90) days after written acceptance of this offer. SECTION II. The previous offer is hereby withdrawn. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila II/ Nay: None. On motion of Mrs. Forester, seconded by Mr. Tolbert, the following motion was made and unanimously adopted: Pursuant to Section 2. 1-344 of the Code of Virginia, I move that the Leesburg Town Council go into Executive Session. The authority for this Executive Session is found in Section 2. 1-344(3) of the 1950 Code of Virginia, as amended. The pub- lic business matter to be discussed is: Land acquisition at Airport . The Town Attorney, Deputy Town Attorney, Town Manager and Assistant Town Manager are requested to remain for the meeting. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. On motion of Mrs. Forester, seconded by Mr. Mulokey, the following motion was made and unanimously adopted: I move that the Executive Session be adjourned, that the Leesburg Town Council reconvene its meeting and that the minutes of the public meeting reflect thatno formal action was taken in the Executive Session. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. The regular meeting was reconvened. 39-217A - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF OCTOBER 10, 1989. 1 On motion duly made and seconded, the following resolution was proposed and unanimously adopted: 40,3 MINUTES OF OCTOBER 10, 1989 KEET_II4G. WHEREAS, the Town Council of the Town of Leesburg has this day convened in Executive Session in accordance with an affirmative recorded vote of the Town Council of the Town of Leesburg and in accordance with the pro- visions of the Virginia Freedom of Information Act. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Leesburg does hereby certify that to the best of each member's knowledge, (1) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Ses- sion to which this certification applies; and (2) only such public busi- ness matters as were identified in the motion by which said Executive Session was convened were heard, discussed or considered by the Town Council of the Town of Leesburg. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. On motion duly made and seconded, the meeting was adjourned. Mayor Clerk of Council