HomeMy Public PortalAbout1977_02_09 16 5•
MINUTES OF RECONVENED MEETING OF FEBRUARY 2, 1977 OF LEESBURG TOWN
COUNCIL, HELD ON FEBRUARY 9, 1977 .
The meeting of February 2, 1977 of the Leesburg Town Council was
' reconvened in the Council Chambers, 10 West Loudoun Street, Leesburg,
Virginia at 7 : 34 P.M. on February 9, 1977 at the call of the Mayor.
Present were: Mayor Mary Anne Newman, Councilmembers Charles E.
Bange, Glen P. Cole, Stanley D. Herrell , Jr. , C. Terry Titus and
John W. Tolbert, Jr. ; also Town Manager John Niccolls , Assistant
to the Manager Jeffrey H. Minor and Town Attorney George M. Martin.
The invocation was given by Mr. Herrell and followed with the Salute
to the Flag. Absent was Councilmember James A. Rock.
The minutes of the regular meeting of December 22, 1977 and pub-
lic hearing. on Charter Amendments were: approved as written.
Public Hearing on Amendment to Sec. 10-83of the Town Code re one-
way streets.
Mayor Newman opened a Public Hearing on the proposed amendment
to Sec. 10-83 of the Town Code re one-way streets. The Notice of
said hearing was read by the Clerk.
Judge Archibald Aiken, a resident at Church and Cornwall Streets,
was in tavor of making Church Street one-way southbound between Mar-
ket and North Streets (rather than northbound as proposed) - he felt
^, that the residents in this area were due some sort of "parole" from
the traffic northbound resulting from construction and other opera-
tions of the County; also, the Sheriff' s Office personnel could
S reach Route 7 -much faster if Church Street were one-way southbound.
Miss Nancy Bradfield, a resident of Cornwall Street, felt that
perhaps Judge Aiken' s suggestion to make Church Street one-way south-
bound is a good one - she has frequently almost collided with Sher-
iff' s Department vehicles.
Mr. Bange felt that, if Church Street were made one-way south-
bound, it would become a very dangerous intersection requiring a
traffic light and this would have to be cleared with the Highway
Department. Mayor Newman felt that a light at this intersection,
along with the one at Routes 7 and 15, would impede the flow of
traffic through town.
Mr. Edgar Carter, also a resident of Cornwall Street, felt that
the Sheriff' s Department is the major user of Church Street and that
it would be better to make Church Street one-way southbound.
Mr. Bange felt the Sheriff' s Department should adhere to the
streets as set up, regardless of their direction.
Mayor Newman declared the public hearing closed.
77-0-1 - Ordinance - Amending Sec. 10-83 of the Town Code. re one-
way streets.
On motion of Mr. Bange, seconded by Mr. Herrell, the following
ordinance was proposed: '
BE IT ORDAINED by the Council of the Town. of Leesburg, Vir-
ginia, as follows :
SECTION I. . That Sec. 10-83 of the Town Code is hereby amended
to read as follows :
(a) The following streets are hereby established and
designated as one-way streets. It shall be unlawful for any
vehicle to be driven or moved on such streets in a direction
other than as herein set forth:
(1 ) Church Street, between Market Street and Loudoun
Street, for southbound. traffic.
(2) Church Street, between Market Street and North
Street, for northbound traffic.
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MINUTES OF FEBRUARY 9 , 1977 MEETING.
(3) Cornwall Street, between Slack Lane and 'Wirt
Street, :for westbound traffic.
(4) Liberty Street, between North Street and Loud-
oun Street, for .southbound traffic.
(5) Wirt Street, between Market Street and North
Street, for northbound traffic:
This subsection shall become effective as to any one-way
street when signs have been provided therefor as set out
in subsection (b) .
(b) The manager is authorized and directed to pro-
vide such signs on the one-way streets designated in sub-
section (a) as will apprise an ordinarily observant person
of such one-way streets.
SECTION II, That this ordinance shall be in full brce and
effect from its passage. •
On motion of Mr. Titus, seconded by Mr. Tolbert, the following amend-
ment was proposed: •
Sec. (a) (1 ) to read as follows :
Church Street, between Market Street and the north property
line of Archie Newton, for southbound traffic.
with the request that this be changed to a distance from
Market Street when it has been measured. •
After some little discussion, the amendment was unanimously adopted:
Aye: Councilmembers Bange, Cole, Herrell, Titus, Tolbert and
Mayor Newman.
Nay: None.
The ordinande, as amended, was then unanimously adopted:
Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and
Mayor Newman.
•
Nay: None. •
Discussion concerning parking on one side only on Cornwall Street.
Mayor Newman asked for comments concerning removal of parking
on Cornwall Street from the north side, this having been a recom-
mendation from the Fire Chief. She said Council has discussed this
and feels they should proceed with this recommendation, however, she
felt that residents of Cornwall Street should express their views at
this time. The letter of request from Fire Chief John W. Fiske was
read by Town Manager John Niccolls, this letter explaining that re-
sponse time, access, water supply and other factors are a problem
with parking on both sides of the street. '
Mr. Edgar Carter said there is not enough space for all resi-
dents to park in this block now. When he learned that itis the
Fire Department that is requesting this , he did some measuring -
the street is 24 feet wide, the normal car is 6 feet wide, one car
was set out 6 to 8 inches from the curb due to ice, and there were
still 11 feet between the cars. The fire engines are 8 feet wide
and the trash truck the same. There are no fire hydrants within
this block. He, therefore, could not • see that there is a problem.
Miss Nancy Bradfield said the engines had no trouble getting
down this street when a house in the next block down was on fire -
she was against parking on one side only unless it could be proven
that the fire trucks cannot get down that street. She noted that
the south side of the street is the hardest on which to park and
the ice stays on that side longer.
Judge Aiken said there is No Parking in the area of the fire
hydrant on the corner where he lives, so there should certainly be
no problem of access to this hydrant. He also said there is a
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MINUTES OF FEBRUARY 9, 1977 MEETING.
problem with speeding over week-ends when there are not all the com-
muters parked in this block of Cornwall Street and this would be an
even bigger problem if there is parking on one side only.
Miss Bradfield also spoke for Mr. Sam Engle, who could not be
present for this meeting. He has two small c'lirdren and felt that
parking on the north side of the street would be a hazard to them.
Mr. J. B. Anderson of the Fire Department saidtheir aim is
response and effectiveness in fire fighting, which is dependent on
how quickly then can get there. He, explained that it takes an extra
six feet to get the, equipment spread out from the ladder truck, as
well as other tactics involved with this truck and the pumpers. This
is the reason for their request. He cited as an example the methods
used to fight the fire in the Dr. Gable property on Cornwall Street
between Slack Lane and Ch h Street last summer. He also explained
that the town is replacingY!ire hydrants with ones that will give
more pressure one by one.
Mr. 0. R. Dube, Loudoun County Fire Marshal , said he basically
supports the Fire Department, however, he asked if any specific sur-
vey has been made as to where the residents can park. Mr. Titus
asked if those parking there are residents or those working in the
Zr:
downtown area. Mr. Carter said it is pretty well divided. Mrs.
r, Carter said there is a problem with unloading groceries because
someone is waiting for a parking space when you leave. Ms. Nellie
Thornberry also complained about the distance to carry groceries -
she suggested that the commuters park in the parking lot.
Numerous ways of restricting parking for residents were dis-
cussed. Mayor Newman said it was not Council ' s intention to make
any decision tonight and thanked the residents of Cornwall Street
for coming. This matter will be discussed at a workshop meeting.
It was felt, however, that the Police Department should be instructed
to enforce speedingiEgulations on both Cornwall and North Streets.
On motion of Mr. Titus, seconded by Mr. Bange, Council voted
unanimously to go into executive session to discuss legal matters
and land acquisition with Attorney James H. Chamblin at 8 : 23 P.M.
Aye: Councilmembers Bange, Cole, Herrell, Titus, Tolbert and
_ Mayor Newman.
Nay: None.
Council reconvened at 10 : 10 P.M. on motion of Mayor Newman, sec-
onded by Mr. Tolbert and unanimously carried.
Aye: Councilmembers Bange, Cole, Herrell, Titus, Tolbert and
Mayor Newman.
Nay: None.
Mayor Newman suggested that an item concerning the amendment of
• Sections 15-11 and 15-15 of the Town Code be sent back to workshop for
further discussion by all members of Council .
77-17 - Resolution - Concerning user charges for wastewater treatment.
On motion of Mr. Bange, seconded by Mr. Cole, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. The town will maintain a system of user charges
to assure that each recipient of wastewater treatment service
within the town' s service area will pay its proportionate
share of the costs of operation and maintenance (including
replacement as defined in 40 CFR 35. 905-17) of all waste-
water treatment services provided by the town in conformance
with 40 CFR 35. 935-13.
SECTION II. In the event the Environmental Protection Agency
disapproves the town' s existing user charge system as not be-
ing in conformity with 40 CFR 35. 935-13, the town will draft
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MINUTES OF FEBRUARY 9, 1977 MEETING.
a proposed revised user charge system to conform with appli-
cable regulations and submit it to EPA for preliminary re-
view and comment within 90 days after acceptance of a Step
II•I grant offer and will submit the revised user charge sys-
tem to the Council for adoption within 30 days of receipt of
EPA' s comments on the proposed system.
SECTION III. The town will develop and maintain an industrial
cost recovery system which shall require all present and fu-
ture industrial users of the Leesburg wastewater treatment fa-
cilities to pay that portion of the capital , operation and
maintenance costs of the Leesburg wastewater treatment fa-
cilities and collection system allocable to the treatment
• of wastes from such users. The industrial cost recovery sys-
tem shall be developed and maintained in conformance with
40 CFR 35.928.
Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and
Mayor Newman.
Nay: None.
77-18 - Resolution-Authorizing a contract with Johnson and Williams ,
consulting engineers, for engineering services
for wastewater facilities improvements.
On motion of Mr. Herrell , seconded by Mayor Newman, the following
resolution- was proposed :
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. The manager is hereby authorized and directed
to enter into a contract. with Johnson and Williams , Inc. ,
• Consulting Engineers, Vienna, Virginia 22180, for engineer-
ing services for design of wastewater facilities as described
in the Wastewater Management Facilities Plan approved by this
Council on January 12, 1977 in an amount not to exceed $316, 350. .
SECTION II. This resolution shall be in effect upon approval11/
by the State Water Control Board of the town' s Wastewater
Management Facilities Plan as approved by this Council on
January 12, 1977 and final approval of the town' s applica-
tion to the State Water Control Board and the U. S. Environ-
mental Protection Agency for a Step II grant to pay 75 per-
cent of the costs of the engineering services authorized in
this resolution. • •
Mr. Niccolls explained that this is Step II for the design facilities.
The contract is on a lump sum basis conditional upon receipt of the
grant and calls for the design to be complete and ready for submis-
sion within 9 months after notice to proceed. It includes all a-
mounts necessary to get the plant expansion project ready for bid.
Mr. Titus asked what would happen if they default and it is not ready
in 9 months. Mr. Niccolls said there is no penalty clause, but Coun-
cil could terminate the contract, pay them and enter into a contract
with another consultant. To Mr. Titus ' question, Mr. Niccolls said
the Town Attorney has not seen the contract. The resolution was
adopted by a vote of- 5 to 1 :
Aye: Councilmembers Bange, Cole, Herrell , Tolbert and Mayor
Newman.
Nay: Councilmember Titus.
77-19 - Resolution - Authorizing the Manager in matters pertaining
to application and exhibits relating to finan-
cial assistance for the design and/or con-
struction of wastewater system improvements.
On motion of Mr. Bange, seconded by Mr. Herrell, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
169
MINUTES OF FEBRUARY 9 1977 MEETING.
SECTION I. The manager is authorized and directed to make
application to the U. S. Environmental Protection Agency
(Grant No. C-510590-02) for a Step II grant for design of
wastewater treatment and distribution facilities as de-
scribed in the Facilities Plan approved by the Council on
January 12, 1977 .
SECTION II. John Niccolls , Town Manager, is hereby desig-
nated to represent the Town of Leesburg, Virginia in mat-
ters relating to the U. S. Environmental Protection Agency
financial assistance for wastewater facilities improvements.
Mr. Niccolls explained that this is authorization for application for
the grant to be used for the contract authorized in the previous reso-
lution. We are on the priority list for. funding but don' t expect im-
mediate action because Congress has not yet acted. The resolution
was unanimously adopted:
Aye: Councilmembers Bange, Cole, Herrell, Titus, Tolbert and
Mayor Newman.
Nay: None.
It is noted that Mr. Titus left the meeting at 10: 23 P.M.
CrD 77-20 - Resolution - Authorizing an offer to James B. Anderson for
an easement required for construction of storm
Drainage improvements and authorizing the Town
Attorney to institute condemnation proceedings
in the event the offer is refused.
Town Manager Niccolls distributed copies of anappraisal of the
subject land and explained it. On motion of Mr. Cole, seconded by
Mr. Tolbert, the following resolution was proposed and unanimously
adopted:
WHEREAS, the Council has authorized construction of a storm
water drainage system to alleviate flooding conditions in
the business section and, the southern industrial sections
of the town; and
WHEREAS, a public necessity exists requiring the acquisition.
of easements in which storm drainage system can be constructed;
and
WHEREAS , it is necessary to acquire an easement for said sys-
tem on the lands of James B. Anderson; and
WHEREAS, the said James B. Andersonhas been requested to
execute a deed of easement for such installation and con-
struction for a nominal sum, but said owner has not agreed
to do so; but has executed an agreement permitting installa-
tion of the system prior to resolution of the issue either
by negotiation or condemnation which agreement. has a condition
that the town will forfeit a deposit if condemnation is not
filed prior to March 25, 1977 in the event negotiations fail :
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. The sum of $3856. 00 be and the same shall be
offered James B. Anderson for the easement free and clear
of all title defects for liens or encumbrances ; that if said
offer is not accepted in writing within five (5) days from
the receipt thereof the Town Attorney is authorized and di-
rected to, file forthwith a petition for condemnation of .the
required easement and right of entry, if such is necessary,
on behalf of the Town of Leesburg.
SECTION II. An appropriation is hereby madefor the fiscal
year ending June 30, 1977 in the amount of $3856. 00 to Account
No. 10110. 810.
Aye: Councilmembers Bange, Cole, Herrell , Tolbert and Mayor
Newman. .
Nay: None.
170
MINUTES OF FEBRUARY 9, 1977 .MEETING.
77-21 - Resolution - Granting waiver of site plan fee for office
building addition - Loudoun County Courts.
•
On motion of Mr. Bange, seconded by Mr. Herrell , the following
resolution was proposed and unanimously adopted:
RESOLVED by the Town Council of the Town of'Leesburg, Virginia,
'as follows :
A waiver of site plan fee is hereby granted to the County of
Loudoun for an office building addition - Loudoun County
• courts.
•
Aye: Councilmembers Bange, Cole, Herrell , Tolbert and
Mayor Newman.
Nay: None. -
77-22 - Resolution - Making appropriations for 1976-77 .
On motion of Mr. Herrell, seconded by Mr. Cole, the following
resolution was proposed: •
• RESOLVED by the Town Council of the Town of Leesburg, Virginia,
as follows :
•
The following appropriations are made for the fiscal year end-
ing June 30, 1977 :
$ 600. 00 - Acct. No. 10210. 221 Maint. of Bldgs. -Insurance
6, 182. 55 - Acct. No. 10300. 818 Utility Lines - Pumping
• Equipment and Automation
16, 800.00 - Acct. No. 50000. 801 Transmission Line
On motion of Mr. Bange, seconded by Mr. Cole, Council voted unani-
mously to withhold the $9, 400. 00 in pavement replacement costs un-.
til the work has been accomplished, thus making the appropriation
for the Transmission Line $7 , 400: - -
•
Aye: Councilmembers Bange, Cole, Herrell, Tolbert and
Mayor Newman.
Nay: None.
The resolution, as amended, was then unanimously adopted:
•
Aye: Councilmembers Bange, Cole, Herrell, Tolbert and
Mayor Newman. -
Nay: . None.
Town Manager Niccolls reported that, subject to majorequipment
malfunctions, it is felt there will be sufficient water- supplies to meet
peak demands. A written report will be submitted concerning each of
the wells, as well as progress made toward a new water supply. source.
Mayor Newman reported that she had received a call from• the owner of
one of the car washes - he has already been closed for 10 weeks be-
cause of the freeze and now the town has shut him down. Mr. Niccolls
said he would re-assess the situation tomorrow and, if it appears
that operation of the car washes will not interfere with peak demand,
he will be allowed to reopen. He said that, although there is trouble
with the Phillips-Nickels well , it pumped 208, 00) gallons yesterday.
has been secured
Mr. Tolbert reported that all permission/and ssion/and arrangements have
been made to erect a fence at Loudoun House Apartments ; also, they
will start landscaping as soon as weather permits.
Mr. Bange reported a wrecked car with four flat tires on East
North Street next to the Mt. Zion Methodist Church and one across the
street as well . Mr. Niccolls said the first one• has been reported
and will be removed shortly. Mr. Tolbert reported one on Edwards
Ferry Road; however, he was in operation and patching the road.
Mr. Herrell asked that Council be kept abreaEt of the complaint .
concerning the Colonial Beauty Salon. Mr. Niccolls said the Police
Department is gathering facts on this and it will then be discussed
with Town Attorney George Martin.
171
MINUTES OF FEBRUARY 9, 1977 .MEETING.
Mayor Newman reported that, on reading the Water Control Board
brochure, it is noted that Leesburg was again in violation of its
sewer permit in September - this means we were in violation for
four.. months. She asked why? Mr. Niccolls explained that the old
testing procedures for a trickling filter plant were revealing BOD
counts in excess of permit requirements. This testing procedure has
now been changed so that samples are taken from the chlorine tank.
The January report was signed today and is well within the permit
limits. In addition, an application has been submitted, at the re-
quest of the Water Control Board, to raise the BOD limits for the
plant - they are uncertain why the lower limits were imposed 'on
our plant. Our change in method of testing has been done with the
Board' s permission. The inspectors and officials reviewing the
records from the plant are highly pleased with its operation, re-
gardless of the BOD excesses which occurred last summer. Mayor
Newman felt that this is the kind of information that should be fur-
nished the Council since the Council is responsible for the opera-
tion of the treatment plant.
-reported - - -
Mr. Herrell asked that, with regard to the/violation of the
Zoning Ordinance by the Colonial Beauty Salon, Council be consulted
before any legal action is taken - he felt that this is not the only
violation of this kind - it is a broader issue than this.
77-23 - Resolution - Granting a waiver of site plan requirements.
On motion of Mr. Bange, seconded by Mr. Tolbert, the following
resolution was proposed:
RESOLVED that the request for waiver of site plan require-
ments be granted to Rebecca S. Nidiffer for the property
at 41 South King Street, for a change of use.
After'ra brief explanation by Mr. Bange, the resolution was unanimously
adopted:
Aye: Councilmembers Bange, Cole, Herrell , Tolbert and
Mayor Newman.
Nay: None.
77-24 —Resolution - ,Granting a waiver 'of site plan requirements.
"
On motion of Mr. Bange, seconded by Mr. Herrell , the following
resolution was proposed:
RESOLVED that the request for waiver of site plan require-
ments be granted to Marylou Hill for the property at 47 South
King Street; for a change of use.
Mr. Bange also briefly explained this resolution and it was unani-
mously adopted:
Aye: Councilmembers Bange, Cole, Herrell, Tolbert and
Mayor Newman.
Nay: - None.
77-25 - Resolution - Authorizing connection of sanitary facilities
on lands of the Westmoreland Davis Memorial
Foundation to the sewer system.
On motion of Mr. Bange, seconded by Mr. Tolbert, the following
resolution vas proposed:
WHEREAS, the Westmoreland . Davis Memorial 'Foundation has re-
quested authority for connection' to the sewer system for sani-
tary facilities located on its lands lying north of and out-
side the town, specifically Morven Park Equestrian- Center
dormitories and, potentially, the Westmoreland Davis home
and offices of the Memorial Foundation, to be provided through
a system of gravity sewers , sewage pumping stations and force
main, all to be owned and maintained by the Westmoreland Davis
• Foundation and all to be located on land of the foundation or
public ways except a 125 foot segment to be placed upon an
easement between Morven Park Road and the easement in which
the public sanitary sewer exists ; and
.172
MINUTES OF FEBRUARY 9, 1977 MEETING.
WHEREAS , the foundation has been ordered by the Loudoun County
Health Department to correct the malfunctioning on-site sani-
tary waste disposal system which is a hazard to students and
the public visiting at the Morven Park Equestrian Institute;
and
WHEREAS, the foundation has thoroughly investigated alterna-
tive systems for providing on-site sanitary waste disposal
and has found no acceptable location for the necessary drain-
age system of sufficient capacity to serve the needs of the
Morven Park Equestrian Center; and
WHEREAS, the location of on-site sanitary waste disposal sys-
tems within the subterranean watershed providing public drink-
ingwater to the town potentially risks contaminationoftown
wells, particularly the Paxton well ; and
WHEREAS, the foundation and the Morven Park Equestrian Center
provide important educational and cultural benefits for the
people of Leesburg and Loudoun County; and
WHEREAS, this request and the special circumstances surround-
ing it are of such unique and individual character as to ex-
clude application of the general policy prohibiting connection
of land areas outside the town to the town' s sewer system; and
WHEREAS, the Westmoreland Davis Memorial Foundation has in-
formally offered to grant the town easements for the location,
construction, operation, use and maintenance of a water sup-
ply facility on land of the foundation, the precise location
to be determined after the drilling of one or more test wells
on lands of the foundation, and the connection of the water
supply facility to the Leesburg water system with necessary
water mains and appurtenances, provided that water supply fa-
cility does not interfere with the operation of the founda-
tion' s own water supply:
NOW, THEREFORE, RESOLVED by the Council of the Town of Lees-
burg, Virginia, as follows :
The manager is authorized to approve the application of the
Westmoreland Davis Memorial Foundation for connection to the
sewer system asdescribed above, said approval to be subject
to the following conditions :
(a) The application and connection shall be subject to all
pertinent regulations , including required fees and charges,
in addition to the requirements of this resolution.
(b) The Westmoreland Davis Memorial Foundation shall agree
to grant all easements necessary for construction, operation,
use and maintenance of a water supply facility on land of the
foundation, the precise location to be determined after the
drilling of one or more test wells on said lands, and the
connection of the water supply facility to the Leesburg water
system by necessary water mains and appurtenances.
(c) The sewer connection shall be only for the benefit and
use of the existing and proposed facilities on lands of the
Westmoreland Davis Memorial Foundation, and no others.
(d) The charge for sewer service paid by the Westmoreland
Davis Memorial Foundation shall be the same as charges paid
by owners of property similarly situated in accordance with
rates established by the Town.
On motion of Mr. Bange, seconded by Mr. Herrell, Council voted unani-
mously to change Paragraph (c) to read as follows :
(c) The sewer connection shall be only for the benefit and
use of the existing and presently proposed facilities on lands
of the Westmoreland Davis Memorial Foundation, and no others.
Aye: Councilmembers Bange, Cole, Herrell, Tolbert and
Mayor Newman.
Nay: None.
1, 73
MINUTES OF FEBRUARY 9, 1977 MEETING.
Mr. Niccolls pointed out that the 1976 waterworks improvement pro-
gram will extend a new loop in Old Waterford Road out and this
will actually have frontage on this property so there is an ideal
way to connect this line. The resolution, as amended, was then
unanimously adopted:
Aye: Councilmembers Bange, Cole, Herrell, Tolbert and
Mayor Newman.
Nay: None. •
77-26 - Resolution - Authorizing Manager to make offer to Herbert
Bryant Associates for tract of land.
On motion of Mr. Bange, seconded by Mr. Cole, the following
resolution was proposed and unanimously adopted:
WHEREAS, the Town of Leesburg and the Town Council have for
many years recognized that the portion of Harrison Street.
Extended from East Royal Street to East South Street was
was privately owned but has been used as a street by the'
public for many years ; and
WHEREAS, the aforesaid portion of Harrison Street Extended
7) has been recently and unexpectedly obstructed by a lessee
.� of the owner of said street; and
WHEREAS, obstruction of said street will cause serious eco-
r, nomic problems to the landowners and businesses served by said
street, as well as serious interference with fire protection
to the entire area; and
WHEREAS, the other public streets which provide access to the
industries and residences are inadequate especially for heavy
trucks and tractor-trailers ; and
WHEREAS, the safety, health and welfare of the citizens of the
Town of Leesburg would require the free utilization immediately
of the aforesaid street; and
WHEREAS , Herbert Bryant Associates advised that it would not
sell a small portion of their tract of land to the town for
street purposes ; and
WHEREAS, after due consideration of the legal aspects includ-
ing resort to condemnation and the emergency nature of the
obstruction of the street, the Council has determined to ac-
quire the entire parcel owned by Herbert Bryant Associates
with the objective of utilizing the necessary area for es-
tablishing a street and re-sale of the remainder unless a
pressing public use can be made for its retention:
NOW, THEREFORE, RESOLVED by the Council of the Town of Lees-
burg, Virginia, as follows :
The manager is authorized and directed to offer, in a form
approved by the Town Attorney, up to $70, 000 cash to Herbert
Bryant Associates on a square footage basis for marketable
and insurable title, within thirty days from acceptance of
this offer, to the approximately 44, 000 square foot tract
of Herbert Bryant Associates in the Town of Leesburg sub-
ject to the condition that neither Herbert Bryant Associates
nor its lessee shall, after acceptance of this offer, inter-
fere with the movement of traffic across the tract in the
existing roadbed from Royal Street to South Street. This
offer shall be subject to acceptance within five days from
receipt.
Aye: Councilmembers Bange, Cole, Herrell , Tolbert and
Mayor Newman.
Nay: None.
ry4
MINUTES OF FEBRUARY 9, 1977 MEETING.
Mr. Bange objected to-considering proposed resolutions concern-
ing the Airport t'on'ight.
Monda7 night, February 28, 1977 at 7 : 30 P.M. was set- for Council
to meet in workshop session to discuss the proposed Subdivision Ordi-
nance.
On motion of Mr. Bange, seconded by. Mr. Tolbert, the meeting
was adjourned at 11 : 00 P.M.
•
ayor
AL-) •
Clerk of t e Council