HomeMy Public PortalAbout1978_05_24 9 *
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL •AND PUBLIC
HEARING ON AMENDMENTS TO OLD AND HISTORIC DISTRICT, ARTICLE 10A,
LEESBURG ZONING ORDINANCE, MAY 24, 1978.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg, Virginia, on May
24, 1978. The meeting was called to order by the Mayor at 7 : 45 P.M. ,
with the invocation being given by Mr. Herrell , and followed with the
Salute to the Flag. Present were: .Mayor Mary Anne Newman, Council-
members Glen P. Cole, Stanley D. Herrell, Jr. , James A. Rock, C. Terry
Titus and John W. Tolbert, Jr. ; also Town Manager John Niccolls, As-
sistant to the Manager Jeffrey H. Minor, Director of Engineering An-
drew G. Shope and Town Attorney George M. Martin. Absent from the
meeting was Councilmember Charles E. Bange, who joined the meeting
later, as noted in these minutes .
The minutes of a public 'hearing on April 5, 1978 and the regular
meeting on April 12, 1978 were approved as written.
Certificates of Commendation were presented by Mayor Newman to
Lt. Thomas C. Lloyd for outstanding performance in aiding in the cap-
ture of an escaped prisoner on May 17 , 1978; to Officer Raymond A.
Sullivan for the discovery of a breaking and entering on April 28,
1978 and to Officer Michael J. McVeigh in the apprehension of an es-
caped prisoner on April 29 , 1978.
Public Hearing on Amendment to Article 10A, Old and Historic District,
et
of the Leesburg Zoning Ordinance.
The Notice of hearing was read by the Clerk of Council. Mayor
Newman explained that the most notable changes would be the incor-
poration of a Physical Design Plan for Leesburg' s Old and Historic
District, which was done by Hartzog,. Lader & Richards, and the in-
clusion of a' Desigh Manual done by Kamstra, Dickenson''& .A'ssociates.
These two studies would be of great help to the Board of Architec-
tural Review.
There was no-one to speak either for or against theamendment
and there were no comments by Council members. ' The hearing was,
therefore, closed..
Proclamation of Burglary Prevention Month.
The following Proclamation was made and read by Mayor Newman:
WHEREAS, Burglary, both in number of violations and in
resultant property loss, is the leading major 'crime
across the nation; and
WHEREAS, Burglary all too frequently results in the in-
jury to and death of the victim; and
WHEREAS, the success of burglary prevention and' detec
tion efforts is dependent to a large degree on the par-
ticipation of an aroused- and involved public:
NOW, THEREFORE, the Mayor and Council of the Town of Lees-
burg, Virginia, do hereby proclaim:
The month of. June, 1978, .is -Burglary Prevention Month And
all citizens are called upon to aid and assist their po-
lice agencies, and do all else possible, to prevent, de-
tect, and report burglary.
78-84 - Resolution - Authorizing an agreement and approving -a per-
formance bond and sewer extension permit for
15. East First Street.
On motion of Mr. Tolbert; seconded by Mr. Herrell , the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
94° MINUTES OF MAY 24, 1978 MEETING.
The Town Manager is authorized and directed. to execute
the standard agreement for public improvements to pro-
vide sewer service to Tract A, 15 East First Street, on
the south side of East Eirst Street. Extension of the
municipal sewer works for this project is approved, and
a cash performance bondin the amount of $3,480 to guaran-
tee installation of the sewer in connection with plans ap-
proved by the Director of Engineering is approved.
Aye: Councilmembers Cole, Herrell , Rock, Titus, Tolbert and
Mayor Newman.
Nay: None.
78-85 - Resolution - Commenting on the draft Loudoun County Resource
Management Plan. -On motion 'of Mr. Rock, seconded by Mr. Cole, the following reso- •
lution was proposed and unanimously adopted:
WHEREAS, the Loudoun County Planning Couuuission 'and Board 'of
Supervisors have requested comments on the revised draft of
the Loudoun County Resource Management Plan; and
WHEREAS, this Council met with representatives of the Loud-
oun County Planning Commission and Board of Supervisors on
April 19 to discuss features ,of the_ plan:
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
The following general comments and recommendations are here-
by authorized -for transmittal to the Loudoun County Planning
Commission and Loudoun County Board of Supervisors :
(1) Zoning in the Leesburg sewage treatment and water service
areas should provide land use densities which can be economi-
cally served by the systems. ,
(2) Appropriate land use planning and zoning decisions should
be made by the County to protect the Route 7 corridor to the
east of the Leesburg "community development area" from inten-
sive commercial and residential development.
(3) The concept of concentrating development around existing
towns within Loudoun County is endorsed, provided commercial
uses are located within town centers.
(4) The Loudoun County land use plan should encourage a bal-
ance of growth and development among the various geographic
areas in the County to protect the social and political in-
terests of all segments of the County.
(5) The County land use plan should explicitly commit the
County to a policy under which the area of each town' s po-
litical jurisdiction is increased commensurate with the urban
development associated with the town. The plan should recog-
nize the burden of government services must be derived equi-
tably from all persons who benefit from these services and
that areas developed to urban densities need to be part of
incorporated municipalities.
Aye : Councilmembers, Cole, Her'rell , Rock. Titus, Tolbert and
Mayor Newman.
Nay: None.
78-86 - Resolution - Commenting on proposed revision of Dulles Area
Watershed Policy.
On motion of Mr. Titus , seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
WHEREAS, the Town of Leesburg submitted its Wastewater Manage-
ment Facility Plan to the Commonwealth of Virginia State Water
Control Board in February, 1977 ; and -
9'5(
MINUTES OF MAY 24, 1976 MEETING. •
WHEREAS, the State Water Control Board has proposed modifica-
tions to the Dulles area watershed policy and requested com-
ments of interested parties :
RESOLVED by the Council of the Town of Leesburg, in Virginia,
as follows : -
SECTION I. The Commonwealth of Virginia State Water Control
Board is requested to revise the Dulles area watershed policy
on wastewater treatment as follows:
(a) If a thorough evaluation of land treatment of wastewater
is required prior to allocation or expenditure of federal
III funds for new or upgraded treatment facilities in the watershed,
the cost of such evaluation shall be made eligible for reim-
bursement under all facility planning grants whether included
in the original work programs or not.
(b) Proposed treatment facility plans shall be revised on a
case by case basis to determine the sufficiency of virus in-
activation. The effectiveness of virus inactivation within
an advanced waste treatment plant is recognized by the board.
(c) Certain effluent requirements listed in Table4 of the
policy shall be revised for Goose Creek as shown below:
et
•
Present Proposed Monthly
;z, Pollutant (Occoquan) Limits Average Limits
Ct
BOD, mg/1 1 3-5
COD, mg/1 10 15-20
Suspended Solids, mg/1 0 0-2
TKN, mg/1 0 • 3-4
Total Nitrogen, mg/1 • 1 30
SECTION II. The following is submitted in support of the
I
above requests : •
(a) Leesburg' s Wastewater Management Facility Plan was sub-
mitted to the State Water Control Board in February, 1977.
It contains ample justification for the board to recognize
as a policy that an advanced waste treatment plant can
achieve virus inactivation to the "unmeasbureable" degree
required. Leesburg supports the case by case review of
facility plans as proposed in the hearing notice.
(b) Effluent limits applicable to treatment plants dis-
charging into the Occoquan reservoir were imposed on the en-
tire Dulles area watershed. The cost of meeting these
standards for the Leesburg plant is unnecessarily burden-
some and unjustified since the plant will discharge into
Goose Creek--a flowing stream not a drinking water reser-
voir. Leesburg' s present discharge (without any upgrad-
ing) accounts for only a part of pollution loads in Goose
Creek as shown below:
• Point Ratio P/NP
Nonpoint (Leesburg) as %
- BOD 4, 500 350 7 . 7%
Il Total Nitrogen as N 2, 200 690 37%
Phosphorus as PO4 440 220 50%
Suspended Solids 625, 000 350 . 05%
Leesburg will account for even lower levels after completion
of its advance waste treatment plant as shown. below:
. Point Ratio P/NP
Nonpoint (Leesburg) as- %
BOD 4, 500 240 5%
Total Nitrogen as N 2, 200 550 25%
Phosphorus as PO4 440 70 16%
Suspended Solids 625, 000 200 . 05%
6,
MINUTES OF MAY 24, 1978 MEETING.
Because nonpoint sources are the primary cause of pollution
in Goose Creek and because Leesburg' s will be the only point
source, the effluent limits shown above should be adopted for
point sources on Goose Creek. These limits pose no health or
environmental danger and coupled with virus inactivation they
adequately protect downstream water users.
Aye: Councilmembers Cole, Herrell , Rock, Titus, Tolbert and
,Mayor,.Newman. •
.
Nay: None.
78-87 - Resolution - Granting waiver of certain site plan requirements
On motion of Mr. Cole, seconded by Mr. Tolbert, the following
resolution was proposed: ,
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The bonding requirements -and site plan fees provided in
Chapter 9A of the Leesburg Zoning Ordinance a_re hereby
waived in accordance with Section 9A-6-12 of said Ordi-
nance for construction of the Loudoun County court' s com-
plex.
Mr. Titus understood that all improvements are within the County com-
plex itself and that there would be no public facilities inspection
required.- Mr-.--Niccolls said there is a reconstruction of two drive-
way at entrances,r$ t pis not"public facilities." The resolution
was adopted by a7vote of 4 to 1 and 1 abstention:
Aye: . Councilmembers Cole, Titus, Tolbert and Mayor Newman.
Nay: Councilmember Rock.
Abstention: Councilmember Herrell .
78-88 - Resolution - Authorizing a contract with Grayson' s Refuse
Service, nc. for the collection and dis osaT
of garbage and refuse within the Town of Lees-
burg.
On motion of Mr. Titus, seconded by Mr. Rock, the following reso-
lution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The manager is authorized and directed to enter into a con-
tract with Grayson' s Refuse Service, Inc. , Route 683, Mid-
dleburg, Virginia 22117 for the collection and disposal of
garbage and refuse within the Town of Leesburg in accord-
ance with the proposal from Grayson' s Refuse ,Service, ••Inc. ,
dated May 10, 1978, and the Public Notice, Cqntract, Gene
ral Specifications, Instructions to Bidders and Proposal
Form approved by the Council April 12, 1978.
Both Mr. Rock and Mr. Herrell expressed their feeling that Grayson' s
had done an excellent job. Mr. Herrell , however, felt that the pub-
lic should be aware that it will cost $40, 000 more for the service
for this coming year - there will be expanded services though. Mr.
Niccolls said no change in pick-up days has been contemplated. The
resolution was adopted by unanimous vote:
Aye: Councilmembers Cole, Herrell, Rock, Titus, Tolbert and
Mayor Newman.
Nay: ,None.
78-89 - Resolution - Giving notice to Blue Ridge Aircraft, Inc. of
several events of default of its lease with
the Town of Leesburg dated June 22, 1966.
On motion of Mr. Herrell, seconded by Mr. Tolbert., the following
resolution was proposed:
91
MINUTES OF MAY 24, 1978 MEETING. •
WHEREAS , by resolution dated May 1 , 1978, the Leesburg Air-
port• Commission recommended the termination of the rights
and privileges Blue Ridge Aircraft Company, Inc. has at
Leesburg Municipal Airport (Godfrey Field) for failure to
bring its operations into full compliance with the Airport
Rules and Regulations; and •
WHEREAS, Blue `Ridge Aircraft, Inc. has not responded to cor-
respondence from the manager transmitting the aforesaid Air-
port Commission Resolutions ; and
WHEREAS, Blue Ridge Aircraft, Inc. has violated and continues
to violate its lease with the town datedJune22, 1976 by:
(a) Failure to secure a fixed base operators license for
their commercial operations as required by Chapter 2. 1
of the Town Code and Chapter III of the Airport Rules
and Regulations, which violates paragraphs 3 and 6 of
the aforesaid lease;
(b) Subletting a portion of its leasehold to commercial
operators for the conduct of commercial fixed base
operations without the prior written consent of the
Town Council , which violates paragraph 13 of the
aforesaid lease;
et
(c) Encroaching on lands outside its leasehold and col- -
;i • lecting rents therefrom, which violates paragraphs
C 1 , 3 and 6 of the aforesaid lease; -
(d) Placing advertising signs on its leasehold without-
a permit as required by Chapter I, Section 9, of the
Airport Rules and Regulations, which violates para-
graphs 3 and 6 of the aforesaid lease:
•
THEREFORE, RESOLVED, by the Council of: the Town of Leesburg
in Virginia as follows : •
SECTION I. This resolution is written notice to Blue Ridge
Aircraft, Inc. , in accordance with paragraph 14(g) of its
lease with the Town of Leesburg dated June 22, 1966, that
the town shall exercise its rights under said lease to re-
enter the premises and declare the lease cancelled and the
tenancy created thereby terminated, unless all events of
default are remedied within thirty days of its receipt
of a copy of this resolution.
SECTION II. The town manager is authorized and directed to
transmit a copy of this resolution by certified mail to Blue
Ridge Aircraft, Inc. , and the Leesburg Airport Commission.
This is a recommendation from the h_epburg•Airport Commission after
negotiations over the last several months . Mr. Bange joined the meet-
ing at this time. The resolution was unanimously adopted:
Aye: Councilmembers Bange, Cole,. Herrell , Rock, Titus, Tolbert
and Mayor Newman. •
Nay: None.
78-90 - Resolution - Authorizing publication of proposed budget and
tax levy or :1978-1979 •for public hearing.
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 :
A Synopsis of the Proposed Budget for the fiscal year begin-
ning July 1 , 1978 and ending June 30, 1979 shall be published
in the Loudoun Tims-Mirror on June 1 , 1978, including a Notice
of Public Hearing thereon, to be held on June 14,- 1978 at 7 : 30
P.M. in the Council Chambers , 10 West Loudoun Street, Leesburg,
Virginia.
98;
MINUTES OF MAY 24, 1978 MEETING.
Mr. Rock advised that he would abstain since he had been unable
to attend several of the workshop sessions on the Budget. The reso-
lution was adopted by a vote of 5 'to 1 and 1 abstention:
Aye: Councilmembers Bange, Cole, Herrell, Tolbert and Mayor
Newman.
Nay: Councilmember Titus.
Abstention: Councilmember Rock.
78-91 - Resolution - Requesting a survey of soils suitable for land
treatment of wastewater.
On motion of Mr. Titus, seconded by Mr. Cole, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The manager is authorized and directed to request the Loudoun
County Soil Scientist to prepare a comprehensive analysis of
the suitability for land treatment of wastewater of those soils
within Loudoun County in areas identified as potential land
treatment sites in the Leesburg Wastewater Management Facilities
Plan, as well as those identified by the Northern Virginia Plan-
•
ning District Commission as potential land treatment sites.
Mr. Niccolls said this would be for as much service as they can pro-
vide within their capacity and the information available. There was
discussion concerning the standards for land treatment and it was felt
that Mr. Niccolls might obtain these standards from the EPA. On motion
of Mr. Titus, seconded by Mr. Rock, Council voted unanimously to add
the words "and the Loudoun County Health Department" in the second
line after the words "Soil Scientist. "
Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
Mr. Titus pointedoutthat we will probably end up with land treatment
if there are soils suitable for it. The resolution, as amended, was
adopted unanimously and reads as follows :
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The manager is authorized and directed to request the Loudoun
County Soil Scientist and the Loudoun County Health Department
to prepare a comprehensive analysis of the suitability for land
treatment of wastewater of those soils within Loudoun County in
areas identified as potential land treatment sites in the Lees-
burg Wastewater -Management Facilities Plan, as well as those
identified by the Northern Virginia Planning District Commis-
sion as potential land treatment sites.
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
78-92 - Resolution - Making appropriation for fiscal year 1977-78.
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 :
The following appropriation is made for the fiscal year end-
ing June 30, 1978 :
Account No. and Name Appropriation
10110. 238 Street Painting $1, 100. 00
Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert
_ _ and Mayor Newman.
Nay: None.
9.9
MINUTES OF MAY 24, 1978 MEETING.
78-93 - Resolution '= Making appropriation- for fiscal year 1977-78.
On motion of Mr. Titus, seconded by Mr. Bange, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The following appropriation is made for the fiscal year end-
ing June 30, 1978 : -
Account No. and Name Appropriation
10310. 810 Facilities Plan $ 421 . 00
Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
78-94 - Resolution - Making additional appropriations for fiscal year
ending June 30, 1978.
On motion of Mr. Titus, seconded by Mr. ' Tolbert, the following
resolution was proposed and unanimously adopted:
LC:
RESOLVED by the Council of the Town of Leesburg, Virginia,
N as follows :
;z.
Appropriations are made to the accounts shown below for the
fiscal year ending June 30, 1978 as follows:
Account # 1010. 262, Council election expense $ 585
Account # 1010. 248, Manager dues and subscriptions 35
Account # 4020. 208. Finance printing. 350
Account # 4020. 246, Finance travel and training 250
Account # 5020. 208, Boards & Commissions advertising 250
Account #10111 . 120, Snow removal overtime 325
Account #10200. 207, Equipment maintenance-uniforms 275
Account #10210. 212, Building-fuel and oil 525
Account #10300. 120, Utility Lines-overtime 2, 000
Account #10300. 211, Water pumping electricity 6, 000
Account #10330. 213,, Utility Lines-telephone , 150
Account #10310. 212, Utility Plants-fuel 500
Account #10310. 245, Utility Plants-training 25
Account #30000. 211 , Airport-electricity 2, 600
Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus , Tolbert
and Mayor Newman.
Nay: None.
Proposed Ordinance amending the Zoning Map according to Application
ZM-21 by Robert W. Ahrens, Trustee.
On motion of Mr. Rock, seconded by Mr. Herrell, an ordinance
amending the Zoning Map to change from R-2 to B-1 a parcel of land
containing 20, 997 square feet on the.,south. side of East Cornwall
Street, owg��lbya�gbert W. Ahrens, Trustee, was proposed and' de-
feated by avote of 5 against, 1 for and 1 abstention:
Aye: Councilmember Rock.
Nay: , Councilmembers Bange, Cole, Herrell, Tolbert and Mayor
Newman.
Abstention: Councilmember Titus.
78-0-13 - Ordinance - Amending' Section 13-19 of the Town Code.
On motion of Mr. Bange, seconded by Mr. Herre+ll , the following
ordinance was proposed and adopted by a vote of 6 to 1:
TO0
MINUTES OF MAY 24, 1978 MEETING.;
ORDAINED by the Town Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. Section 13-19 of. the Town Code is hereby amended
to read as follows :
Sec. 13-19. Compensation of members ; reimbursement for
expenses.
(a) Compensation of the chairman of the municipal
Planning Commission after July 1, 1978 shall be $1, 350. 00
per annum, payable in equal monthly installments.
(b). Compensation of members of the municipal/Plan-
ning Commission after July 1 , 1978 shall be $1 , 200.00
per annum, payable in equal monthly installments.
(c) Members of the municipal Planning Commission
shall be reimbursed for actual expenses incurred in the
exercise of their functions.
SECTION II, An emergency exists and this ordinance _shall
be effective July. 1 , 1978.
Aye: Councilmembers Bange, Cole, Herrell, Titus, Tolbert and
Mayor Newman.
Nay: Councilmember Rock.
78-0-14 - Ordinance - Authorizing the issuance of $5, 000, 000 water
bonds of the Town of Leesburg, Virginia.
On motion of Mr. Bange, seconded by Mr. Cole, the following
ordinance was proposed:
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. It is hereby determined to be necessary and ex-
pedient for the Town of Leesburg to improve and enlarge its
water system to promote the development and public welfare
of the Town of Leesburg and to borrow money for such pur-
pose and issue the Town' s general obligation bonds therefor.
SECTION II, Pursuant to the authority of, the Town 'Charter
and the Public Finance Act, as amended, there are hereby
authorized to be issued bonds of the Town' of Leesburg in
the maximum amount of Five Million Dollars ($5, 000, 000) to
provide funds, together with other funds that may be avail-
able, to improve aiid enlarge the Town' s water system, in-
cluding construction of a water intake structure, filtra-
tion and treatment plant, storage facility, pumping station
and transmission mains.
SECTION III, The bonds shall bear such date or dates, ma-
ture at such time or times not exceeding 40 years from their
dates , bear interest at such rate or rates not to exceed the
maximum rate authorized by law at the time the bonds are sold,
be in such denomination and form, be executed in such manner
and be sold at such time or times and "in such manner as the
Council shall hereafter provide by appropriate resolution
or resolutions. '
SECTION. IV, The bonds shall be general obligations of the
Town of Leesburg for the payment of principal of and inter-
est on which its full faith and credit and the net revenues
from the water system shall be irrevocably pledged.
SECTION V. Ordinance No. 78-0-10 is hereby repealed.
On motion of Mr. Herrell, seconded by Mr. Bange, Council voted 6 t 1
to add a Section VI to the ordinance as follows :
SECTION VI. An emergency is declared and this ordinance shall
be in effect upon its passage.
Aye: Councilmembers Bange, Cole, Herrell, Titus, Tolbert and
Mayor Newman.
Nay: Councilmember Rock.
� o9i
MINUTES OF MAY 24, 1978 MEETING. .
The ordinance, as amended, was adopted by a roll call vote of 5 for,
1 abstention and 1 "no vote. "
Aye: Councilmembers Bange, Cole, Herrell, Rock and Tolbert.
Nay: None.
Abstention: Councilmember Titus .
No Vote: Mayor Newman.
78-95 - Resolution - Authorizing a contract with Municipal Advisors,
Incorporated.
On motion of Mr. Cole, seconded ,by Mr. Herrell , the following
resolution was proposed and adopted by a vote of 4 to 2 and 1 absten-
tion:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows : -
The Manager is authorized and directed to enter into a
contract with Municipal Advisors Incorporated, P. 0. Box
45., Virginia Beach, Virginia, for financial advisory ser-
vices related to the issuance of $5, 000, 000 water bond
issue at a cost not to exceed $7, 000.
An appropriation is made to Account No. 10300. 263, Utility
N
Lines Division Professional Services, in the amount of
$7,000 for the fiscal year ending June 30, 1978.
Aye: Councilmembers Bange, Cole, Herrell and Tolbert.
Nay: Councilmember Rock and Mayor Newman.
Abstention: Councilmember Titus .
78-96 .- Resolution -. Authorizing an agreement and approving a per-
formance bond and extension of the municipal
waterworks for Madison House.
On motion of Mr. Herrell, seconded by Mr. Tolbert, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION, I. The Town Manager is authorized and directed to
execute the Standard Agreement and a cash performance bond
in the amount of $19,420 is approved: This instrument is
to guarantee installation of public improvements for the
Madison House project in accordance with plans approved by
the Director of Engineering.
SECTION II. Extension of the municipal water, works for the
purpose of installing an on-site fire hydrant is approved.
Mayor Newman asked if all of the work pertainingto the fire hydrant
is to be done by the developer. Mr. Niccoll19 1 except for the
inspection, which will be covered by the fees. The resolution was
adopted by a vote of 5 to 1 , with 1 abstention.
Aye: Councilmembers Bange, Cole, Herrell , Tolbert and Mayor
Newman.
Nay: Councilmember Rock.
Abstention: Councilmember Titus.
Town Manager Niccolls called attention to a written nomination
for the Finance Director vacancy - Mr. Donald Taylor, who has been
invited to meet with Council at the June 5 Budget workshop meeting.
Mr. Niccolls also called attention to a Memo from Mr. Shope con-
cerning the Evergreen test wells , which will be discussed further at
workshop. The odds are 9 to 1 , and maybe more, that they will be
able to develop at least one high producing well out there. Nos. 2
and 3 look very good in that the water is clear, however, one of
these would take some specialized well development.
10,2
MINUTES OF MAY 24, 1978 MEETING. •
Mr. Rock called attention to a section of Valley View Avenue
east of Dry Mill Road, about two-thirds down the block, that is
breaking up.
78-97 - Resolution - Authorizing an agreement for -phasing of de-
velopment in Lees•urg Country Club Subdivision,
Section IV.
On motion ofMr. Bange, seconded by Mr. Herrell , the following
resolution was proposed: • •
WHEREAS, the original developer of Leesburg Country Club Sub-
division, Section IV, defaulted on its agreement to install
public improvements required by the Leesburg Subdivision
Ordinance; and
WHEREAS, the current owners of the subdivision unwillingly
acquired title as creditors to the original developer and
are not interested in completing the project themselves ; and
WHEREAS, the owners have entered into a contract to sell
the subdivision for development in accordance with durrent
town standards and .the conditions imposed by this Council
in Resolution 78-2 ; and
•
WHEREAS, the contract purchasers have proposed an agreement
for phasing construction of public improvements in the sub-
division:
THEREFORE, BE -IT RESOLVED by the Council of the Town of Lees-
burg, Virginia, as follows :
The Mayor is authorized and directed to execute' an agreement
on behalf of the town dated May 25, 1978, a copy of which is
on file in .the office of the Clerk of Council, with Richard
L. Klass, Trustee, for phasing of development in Leesburg
Country Club, Section IV. •
Mr. Martin said there is a reservation regarding the bond and its 111
' validity, but this is a condition of the agreement. Mr. Mahan said
there have been some changes made in the agreement, mainly having to
do with the cost of construction of Phases 2, 3 and 4 - there is a
sentence added •clarifying the amount of the bond. Mr. Klass said
he has contacted -the insurance company and they are sending a letter
stating that the bond is effective. The resolution was unanimously
adopted: •
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and Mayor Newman.
Nay: None. •
On motion of Mr. Rock, seconded by Mr. Herrell , the meeting was
adjourned at 8: 25 P.M.
•
�_ y ��� • lMayor
C el rk of i e Council •