HomeMy Public PortalAbout1978_06_14 UPI
MINUTES OF REGULAR MEETING OF JUNE 14, 1978 OF LEESBURG TOWN COUNCI
AND PUBLIC HEARING ON BUDGET AND TAX LEVY FOR 1978-79.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on June
18, 1978. The meeting was called to order by the Mayor at 7 : 40 P.M. ,
with the invocation being given by Mr. Tolbert, and followed with
the Salute to the Flag. Present were: Mayor Mary Anne Newman,
Councilmembers Charles E. Bange, Stanley D. Herrell, Jr. , James A.
Rock, 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. Absent was Councilmember Glen P. Cole.
The minutes of a special meeting of April 19, 1978 were approved
as written. The minutes of April 26, 1978 were approved with one cor-
rection, as follows : On page 72 under comments by Mr. Titus, it should
read "The town may dev��elo two wells " The minutes of a special
meeting of May 3, 1978 were approved as written.
Mr. Joby Reynolds , President of the Downtown Business Association,
read to Council a letter from that Association making recommendation
that the Council consider the purchase of the "Foodmaker" lot for de-
velopment of off-street parking. He elaborated on the most important
points of this recommendation, suggesting that Council consider de-
veloping this project along with the paving of South Harrison Street.
Mr. Dick Wright, President of the Chamber of Commerce, also made a
ut plea to Council to consider taking immediate steps to develop more
parking. He stressed this need also 'to provide more parking for
`v tourists (there were 1400 through the Museum in the month of May) -
this would further stimulate business if these people have a place
to park. Mr. Stanley Caulkins also felt that Council" must start now
to make provision for more parking - business is growing and parking
is .needed. In fact, it would be a great asset to the town. Mr.
Reginald Gheen stressed the need for additional parking - he aught
this was a real opportunity and believed it could be self-supporting.
Mayor Newman hoped the new Council will seriously consider a bond issue
of some sort to take care of some of the projects that have been de-
ferred from the new Budget, with plans to include the improvement of
South Harrison Street andpossibly the suggested area for parking.
Public Hearing on Proposed Budget and Tax Levy for 1978-79.
There was no-one to speak in favor of the Budget.
Mrs. Margie Harrison, representing the residents of Fairview
Subdivision, once again pleaded that Council take some steps to
remedy the storm drainage problem and to construct curb, gutters
and sidewalks - it has been 21 years since annexation went into
effect and this work was promised- at that time tobe done "as soon
as possible." Since this has not been budgeted, she asked how they
might get this project done. Mayor Newman suggested that this could
be done through a bond issue at a later time. The majority of the
Council members feel that the repaving of Edwards Ferry Road (at a
cost of $130,000) is the No. 1 priority - this had to be deleted in
order to balance the Budget. Mr. Titus- said they have to get the
bond first - this will be up to the new Council - the bond is not
included in the Budget and he will not support the proposed tax rate
for that reason. In fact, he said"If you want to do this, you have
to "bite the bullet" and raise taxes. ' Mayor Newman explained that a
one cent tax increase provides $13, 500 - $2, 500, 000 worth of capital
improvements would have to produce a considerable tax increase. Mrs .
Harrison was disturbed that, in the 21 years since they were annexed
and have been paying taxes, none of this tax money has been spent on
improvements in this subdivision. Mayor Newman felt it possible that
a bond issuecould be financed later in the year. Mr. Titus explained
some of the factors involved- in a,•bond issue and encouraged Mrs. Harri-
son to continue her plea to Council to have. this • work done.
The public hearing was declared closed by the Mayor.
Proposed Ordinance amending Sections 15-57 15-58, 19-45, 19-47 and
repeating Section 19-46' of. the Town, Code .
On motion of Mr. Tolbert, seconded by Mr: Herrell , an ordinance
was proposed to amend the water and sewer rates for the Town. On
motion of Mr. Herrell , seconded by Mr. Tolbert, the following amend-
ment was proposed:
MINUTES OF JUNE 14, 1978 MEETING:
Sec. 15-58. 1 . Lower charge for certain elderly homeowners.
The charge for the connection and use of the .sewer system
- i to elderly residents at their principal dwelling who annually
qualify for full exemption of town real estate taxes under
Section 17-1. 1 of the Town _ Code (Tax Relief for the, Elderly)
shall be 75 percent of the established rate for premises in-
side the town. •
•
• Sec. 19-47. 1. Lower charge for certain elderly homeowners.
The charge -for the connection and use of the water system
to elderly residents at their principal dwelling• who annually
qualify for full exemption of town real estate taxes under Sec-
tion 17-1.1 of the -Town Code (Tax Relief for the Elderly)
shall be 75 percent of the established rate for premises inside
the town.
•
Mr. Bange felt that there should be some figures on how much this
will reduce the tax income from the staff level . Therefore, on
motion of Mr. Bange, seconded by Mr. Titus, Council voted 5 to 1
to send this proposed amendment back to the next workshop:
Aye: Councilmembers Bange, Herrell , Rock, Tolbert and Mayor
Newman.
Nay: Councilmember Titus . _
78-0-15 _ Ordinance• - Amending Article 10 A of the Leesbur,$ Zoning
Ordinance and creating an H-1 Historic District.•:•
.On motion of Mr. Rock, seconded by Mr. Tolbert, the following
ordinance was proposed and adopted by a vote of 5 to 1 abstention:
ORDAINED by the Council of the Town of Leesburg, Virginia, as
follows :
SECTION I. Article 10 A of the Leesburg Zoning Ordinance
is amended to read as follows:
ARTICLE 10 A H-1 HISTORIC DISTRICT REGULATIONS
10A-1 - HISTORIC DISTRICT CREATED, ESTABLISHED
A historic conservation district is hereby created
within the town under authority of Sec. 15. 1-503. 2
of the State Code to be known as the H-1 Historic
District with boundaries to be the same as shown
on a map designated ',Grey' s New Map of Leesburg"
drawn from special surveys in the year 1878 and
described as follows :
"Beginning on the east at the intersection of
Loudoun and Market Streets and running north-
east parallel to Church Street to the inter-
section of a line in projection of North Street;
thence northwest in a straight line to and along
North Street. to the intersection of Church Street;
• thence' northeast in a straight line parallel to
King Street to the intersection of a line in pro-
jection of Union Street; thence in a straight
line northwest to and along Union Street to- the
intersection of a line in Extension of Liberty
Street; thence southwest in a straight line to
the intersection of Liberty and North Streets ;
thence northwest in a straight line in extension
of North Street until intersecting a line in pro-
jection of Ayr Street; thence southwest to and
along Ayr Street to a point 100. feet southwest
' of the intersection of •Ayr Street' and Town Branch
Creek; thence in a straight line in extension of
South Street southeast to a point 200 feet west
of King Street, still on an extension of South
Street; thence in a straight line southwest par-
allel to King Street to a point 500 feet south
10..9
MINUTES OF JUNE 14, 1978 MEETING. '
of the railroad; thence east across King " Street
' in a straight line parallel- to South Street for
1700 feet; thence northeast in a straight line
parallel to King Street to the intersection of
Loudoun and Market 'Streets. "
10A-2 HISTORIC DISTRICT REGULATIONS IN GENERAL
a. The restrictions and requirements of this Ar-
ticle shall be in addition to other restrictions
and requirements provided in this Ordinance.
b. No building or structure, including signs, shall
be erected, reconstructed, altered or restored
within the H-1 Historic District unless the owner
has applied 'for and received a Historic District
Zoning Permit authorizing the erection, . reconstruc-
tion, alteration or restoration pursuant to the re-
quirements of this Article.
c... No building or structure within the H-1 Historic
District shall be razed, demolished or moved un-
less the owner has applied for and received a
Historic District Zoning Permit authorizing the
razing, demolition or moving pursuant to the re-
quirements of this Article.
C - d. Permitted use, conditional use and other regula-
N tions for zoning lots •in the H-1 Historic Dis-
;i. 'trict shall be as established elsewhere in this
Ordinance.
10A-3 APPLICATION FOR HISTORIC DISTRICT ZONING PERMIT
Any person proposing to erect, reconstruct, alter,
restdre, _raze; _deniolish or move any building or
structure, including signs, within the H-1 His-
toric District shall submit an application for a
Historic .District Zoning Permit •to the Zoning Ad-
ministrator. The application shall be submitted
on forms provided by the Zoning Administrator and
shall provide architectural plans, site plans,
landscaping plans, proposed signs , and lighting
' • plans and such information determined by the Zon-
ing Administrator to be 'neces'sary for considera-
tion of the application by the Board of Architec-
tural Review at least 21 days prior -to the Board
of Architectural Review meeting at which first
consideration is desired.
10A-4 BOARD OF ARCHITECTURAL REVIEW - CREATION AND MEMBERSHIP
10A-4-1 For the purposes of making effective the provi-
sions of" this _article a "Board of Architectural
Review" ishereby established.' " .The Board shall
consist of seven members "appointed by the Mayor,
one of whom shall .be the Director of Planning
and Zoning, serving by virtue of his office.
Where qualified arid' acceptable candidates are
available," one member 'of the Board shall be a
member of the American Institute of. Architects,
and one a member of the American Society of Civil
Engineers. One Board memberwill .be appointed
from the Town Council and one from the Planning
Commission. One member should be a person with
knowledge of local real estate conditions and
one member should be a person with knowledge of
local real estate conditions and one member should
be appointed primarily on the basis of a knowledge
and demonstrated interest in the historical heritage
of Leesburg.
10A-4-2 The term of office of the members shall be for three
years, except that the term of the Director of Plan-
ning and -Zoning, Council member. and Planning Commis-
sion member shall correspond to their official tenure
o. MINUTES OF JUNE 14, 1978 MEETING.
of, office... Any appointed member of the Board
may be removed from office by the Council after
. public hearing: for inefficiency,. neglect of duty,
. or malfeasance„or other just cause after charges
made in writing. ., .Appointments to ' fill 'vacancies
shall be only for the unexpired'portion of the
term. Members may. be re-appointed to succeed
themselves..
10A-5 CHAIRMAN,. VICE-CHAIRMAN AND SECRETARY OF THE BOARD
10A-5-1 The Board of Architectural Review shall elect
itsCh'airman,and Vice-.Chairman from 'its member- IIship and the Director of ' Planning and Zoning
shall be its Secretary.
. 1OA-6 , PROCEDURE FOR MEETINGS.,
10A-6-1 The Chairman will conduct the meetings of the
Board. In his absence the Vice-chairman shall
. preside. The secretary shall keep the minutes
of the meetings and a permanent record of all
resolutions , motions, transactions and determi-
nations. All members of the Board shall be en-
titled to vote and the decisions of the Board
shall be determined by a majority vote. A quorum
of four members present is required before the.
Board may take any official action. The Board
shall meet within 21 days ' after notification by
the Zoning Administrator 'of an application for
a Historic District Zoning Permit requiring ac-
tion by the Board. The meeting of the Board
shall be open to, tha public and a full and im-
partial hearing shall be granted. When voting
on any question the determination may be made by
secret ballot, but no proxy shall be allowed at
. any time. The .Board shall vote and announce its I/decisions on any matter properly before it not
later than 14 days after the conclusion of the
public bearingon the .matter, unless the time
is extended by mutual agreement between the Board
and the. applicant. The Board shall not recon-
sider any decision made by it, except in cases
where an applicant appears within 90 days with
his application amended as. hereinafter provided.
The Board shall pot, hear the .subject matter of
any application which Lias"been denied until a
period of one year has lapsed except in cases •
where an applicant appears within 90 days with
his application amended as hereinafter provided.
In case of disapproval of _the erection, recon-
struction, alteration, restoration or razing of
•
• a' building or ,structure, the Board shall briefly
state 'its reasons therefor ,in writing and it may
make recommendationsIto: the applicant with .respect
Co the appropriateness of design, arrangement,
texture, material, color, location and the like,
of the building or structure involved. In case
of disapproval accompanied by recommendations, the
applicant may be heard before the Board if within
90 days he comes before the .Board with his appli-
cation so amended that it_ will comply with all the
recommendations of the Board. ' In. matters covering
theHprodedure for' meetings not covered by this ar-
ticle (e.g. schedules for .regular periodic meetings),
the Board may establish its own rules, provided they
are not contrary to the spirit of this article.
' 10A-7 'CONDITIONS FOR APPROVAL OF HISTORIC DISTRICT ZONING
PERMITS
a. The Board of Architectural Review shall not issue
a Historic District .Zoning Permit for the erec-
tion, reconstruction, alteration or restoration
MINUTES OF JUNE 14, 1978 MEETING.
of any structure or building, including signs,
within the H-1 Historic District unless it finds
the same is architecturally compatible with the
historic landmarks, buildings or structures with-
in the district. In making its findings, the
Board shall consider
1 . How well the application complies with recom-
mendations contained in the Physical Design
Plan for the Leesburg Old and. Historic Dis-
trict submitted by Hartzog, Lader and Rich-
ards, June 30, 1976. .
' 2. The extent the application meets criteria of
"A Design Manual for the Town of Leesbur-g in
Virginia, " by Kamstra, Dickerson and Associ-
ates, made a part hereof .by reference as if
• incorporated herein verbatim.
3. The heights proportion, openings, rhythm,
spacing, entrances, materials, texture,
color, details, roofs, walls, fences, land-
scaping, ground cover, scale, and the direc-
. tional and styles of expression of the pro-
•
posed work.
Cr
4. The architectural significance and appearance,
historic significance, value and use of the
CZ property.
b. The Board of Architectural Review shall not issue
a Historic District Zoning Permit for the erec-
tion, reconstruction, alteration or restoration
of any building or .structure, including signs,
which does not incorporate at least six of the
design elements set out in A Design Manual for
the Town of Leesburg in Virginia.
10A-8 APPEALS OF DECISIONS OF BOARD OF ARCHITECTURAL REVIEW
a. Appeals to the Council from any final decision
of the Board of Architectural Review may be made
by any person by filing a petition with the Clerk
of Council , setting forth the basis for the ap-
peal , within 30 days after the final decision is
rendered. The filing of the petition shall stay
the decision of the Board pending the outcome of
the appeal to the Council , except that the filing
,of such petition shall not stay the decision of
the Board if such decision denies the right to
raze, demolish or move any structure or building
in the H-1 Historic District. The Council may
reverse or modify the decision of the Board in
whole or in part, if it finds upon review that
the decision of the Board is contrary to the law
or that its decision is arbitrary and constitutes
an abuse of discretion, or it may affirm the de-
cision of the Board.
b. Appeals to the Circuit Court of Loudoun County
from any decision of the Council may be made by
any person by filing a petition at law, setting
forth the alleged illegality of the action of
the Council within 30 days from the final deci-
sion rendered by the Council. The filing of
said petition shall stay the decision of the
Council pending the outcome -of the appeal to _
the Court, except that the filing of such pe-
tition shall not stay the decision of the Coun-
cil if such decision denies the right to raze
or demolish a historic landmark, building or
structure. The court may reverse or modify the
decision of the Council in whole or in part, if
12
MINUTES OF JUNE 14, 1978 MEETING.
it finds upon review that the -decision of the
Council is contrary to law -or that its deci-
sion is , arbitrary and constitutes an abuse of
discretion, or it may affirm the decision of
the Council.
SECTION II. This ordinance shall be in effect from and after
its passage.
Aye: Councilmembers Bange, Herrell, Rock, Tolbert and Mayor
Newman.
Nay: None.
Abstention: Councilmember Titus.
Mr.. Titus didinot feel it is necessary to incorporate all the lan-
guage from the Hartzog, Lade± and Richards and Kamstra, Dickerson &
Associates reports. On motion of Mr. Rock, seconded by Mayor Newman,
Council voted unanimously to reconsider the ordinance:
Aye: Councilmembers Bange, Herrell, Rock, Titus, Tolbert and
Mayor Newman.
Nay: None.
After some further discussion, on motion of Mr. Rock, seconded by Mr. .
Tolbert, the ordinance was adopted by a vote of 5 to 1 :
Aye: .Councilmembers Bange, Herrell , Rock, Tolbert and Mayor
Newman. •
Nay: Councilmember Titus.
78-98 - Resolution. - Approving a revised engineering agreement with
Bengtson, DeBell & Elkin, Inc. , for the design
and preparation of plans and specifications and
contract administration for well supply build-
ing and equipment.
On motion of Mr. Herrell , seconded by Mr. Bange, the following ,
resolution was proposed and adopted by a vote of 5 to 1 abstention: . '
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 revised contract with Bengtson, DeBell &
Elkin, Inc. , Consulting Engineers, Centreville, Virginia,
forthe design and preparation of plans and specifications
and contract. administration for nen. supply building and
equipment as described• in their June 7, 1978 Proposal No.
78-48 in an amount -not to exceed $25, 739.00.
SECTION II. An appropriation is hereby made for the fis-
cal year ending June 30, 1979, to Account No. 20500. 805,
Waterworks Improvements in the amount of $25, 739. 00
Aye: Councilmembers Bange, Herrell , .Rock, Tolbert and Mayor
Newman. .
Nay: None:
Abstention: Councilmember Titus.
78-99 - Resolution - Authorizing an agreement with -the Loudoun County
School Board for water and sewer.
On motion ,of 'Mr. Bange, seconded by Mr. Herrell , the following
resolution was proposed:
WHEREAS, the Loudoun Countu Board of Education, proposes to
construct an elementary school in the county north of the
northeast line of Leesburg' s corporate limits ; and
•
WHEREAS, the Board of Eduation has applied for town water
and sewer connections:
?.1-3.
MINUTES OF JUNE 14, 1978 MEETING,.
RESOLVED by the Council of the Town of Leesburg as follows :
1. An agreement with the Loudoun County School Board for
utility connections, which shall include and be subject
to the following conditions and stipulations is authorized:
(a) The connection and use of the water and sewer
system shall at all times be subject to present,
or future actions or limitations imposed by the
State Water Control Board and State Health De-
partment. -
(b) The School Board will pay the prevailing sewer
and water fees and charges for out-of-town users
at the time actual connections are made and any
future water and sewer usage fees.
(c) The School Board will' submit plats of all ease-
ments required for installation of the water and
sewer mains, pumps and other mechanical equipment
to the town for approval and execute copies of
all instruments necessary to convey the easements
to the town free of any defects or encumbrances
with the language and terms thereof subject to
prior approval by the town.
e
(d) The School Board. will execute both sewer and water
permits required by the ordinances of the town and
agree to be firmly bound by all applicable provi-
sions therein and to be subject to and bound by
the applicable ordinances and regulations of the
town, or any future amendments thereof.
Mr..: Titus asked if :this commits the Town to provide "these ser-
vices and does it protect the Town with respect to the Shor suit?
Also, this is outside the corporate limits. It was -felt that para-
graph (a) protects :the. Town as' to• when -it can provide these services.
Mr. Martin felt that thi-s is well stated - this -is- not all •of the
agreement the School Board will have to sign - the application forms
must be signed. He did not know what impact it might have on the
Shor suit, but felt that this i-s a public service only a few hundred
feet from the corporate line. Under State limitations, they would be
subject to cut off at all times. The resolution was unanimously
adopted by a roll call vote:
Aye: Councilmembers Bange, Herren, Rock, Titus, Tolbert
and Mayor Newman.
Nay: None. t •
78-100 - Resolution - Consenting to the appointment of Donald Taylor
as Finance Director.
On motion of Mr. .-Bange, seconded by Mr. Tolbert, the following
resolution was proposed and adopted by a vote of .5 to 1 :
RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows : -
i
The consent of Council- is given to the appointment of Donald
Taylor,: Blacksburg, Virginia, to the position of Director
of Finance at an initial salary of $15,800 per year. •
Mr. Titus said:he was voting against , this appointmentibecause, he did
not feel that Mr. Taylor has the experience that he feels the Director
of Finance should have - personally, he thought Mr. Taylor was a fine
person. •
Aye: Councilmembers Bange;nHerrel-1,--Rock, Tolbert and Mayor
Newman.
Nay: : 1Counc•ilmember Titus: ' 1
78-101 - Resolution - Authorizing Yount, Hyde & Co. to conduct
annual audit.. •
On motion of Mr. Bange, seconded by Mr. Herrell , the following
resolution was proposed and unanimously adopted:
l' 4
MINUTES OF JUNE -14, 1978 MEETING.
RESOLVED by the Council of the Town of. Leesburg, Virginia, .
as follows :
Yount, Hyde and Company, certified public accountants, is
hereby authorized to conduct the annual audit for the Town
of Leesburg at a cost not to exceed Six Thousand Dollars
($6, 000) unless the scope of the audit extends beyond nor-
mal circumstances, and twenty-five (25) copies of the final
report shall be delivered to the Town by October 31, , 1978.
Aye: Councilmembers Bange, Herrell , •Rock,, Titus, Tolbert and
Mayor Newman.
Nay: None.
78-102 - Resolution - Waiving business license requirements and es-
tablishing certain conditions for the Leesburg
Optimist Club Bluegrass Show.
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:
•
SECTION I. Authorization is , granted for the Leesburg Optimist
Club Bluegrass Show to be held August 5, 1978, or in case of •
rain, August 19, 1978, in line with their letter of May 12,
1978.
•
SECTION II. Sections 17-55- and 17-63 of the -Town Code re-
garding business licenses are. waived for the show.
•
SECTION III. This authorization and waiver require that no
additional parking spaces be used other than those within
the current off-street and on-street parking system. It is
further required that, in addition to the police department' s
normal patrol of special events, at least two otherpeace
officers shall be -employed, not at town expense, to provide
supplemental police protection for the show.
•
Aye: Councilmembers Bange, Herrell, Rock, Titus, Tolbert and
Mayor Newman. •
Nay: None: •
78-103 - Resolution - Directing installation of a STOP sign. .
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 :
The manager is directed to install a stop sign for west-
bound traffic on Dodd Drive at its intersection with Wilson
Avenue.
Mr. Niccolls advised that this sign is not justified by traffic con-
ditions - it is no different than any other 90° bend in the road,
such as exists in other areas of Town. Mrs. Harrison did not con
sider this just a bend in the road - it is an intersection. The
resolution was adopted by a vote of 5 to 1 :
Aye: Councilmembers Bange; Herrell, Titus, Tolbeitand Mayor
Newman.
Nay: Councilmember Rock.
78-104 - Resolution - Grantingwaiver of site plan requirements -
Armfiel, Harrison & Thomas.
On. motion of Mr. Titus, seconded by Mr. Tolbert, the following
resolution was proposed:
WHEREAS, the Leesburg Planning Commission has recommended the
following waiver of Site Plan Requirements,
14=,5
MINUTES OF JUNE 14, 1978 MEETING. '
RESOLVED by the Council of the Town of, Leesburg, . Virginia,
as follows :
SECTION I. The Site Plan Requirements of Chapter 9A of the
Leesburg Zoning Ordinance are hereby waived in accordance
with Section 9A-6-12 of said Zoning Ordinance, for a second
floor addition to the' commercial building located at` _10 South
King Street in accordance with a, written request from H. Powers
Thomas, dated April 27 , -1978.'
SECTION II. Continuation of this waiver requires that no
• other exterior structural-'alterations are made to the build-
ing other than those outlined in this request.
It was pointed out that no additional water or sewer will be needed
and there are no visible improvements from the street. The resolu-
tion was adopted by a vote of 4 to 1 and 1 abstention:
Aye: Councilmembers Bange, Titus, Tolbert and Mayor Newman.
Nay: Councilmember Rock.
Abstention: Councilmember Herrell .
78-105 - Resolution - Granting waiver of site plan requirements -
Savopoulos. •
't On motion of Mr. Tolbert, seconded by Mr. Bange (for purposes of
`V%:.. discussion) , the following resolution was proposed:
G WHEREAS, the Leesburg Planning Commission has recommended
the following waiver Of Site Plan Requirements,
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The site plan requirements of Chapter 9A of the. Leesburg
Zoning Ordinance' are hereby 'waived in accordance. with Sec-
tion 9A-6-12 of said Zoning Ordinance, fora change of use
and also for establishing off-street parking, spaces fpr
the 'proyierty' located' at 119 East Loudoun Street, in accord-
ance with a written request frot' O.' Leland Mahan,- dated
May 10, 1978. ' •".
Mr. Rock questioned the' num ' of'
biparking spaces proposed. Mr. Leland
Mahan, attorney for -Mr. Savopoulos;'.Said 'his client 'will°'comply with
the requirements for screening or' anything that 'is necessary. There
would be five spaces - Perry Engineering would do the grading and any
drainage problems. In fact, it was understood that Perry had already
been there, and -beforea grading permit was issued- 'at that. Mr.
Mahan'•said Mr. Savopoulos will construct' five parking spaces, -Te
did not feel that- what somebody else may do 100- years-from now should
be Council ' s concern at this time. Mr. Bange recalled a situation
a- year• and a half ago' where• Council granta:'-a waiver of site- plan for
six gravelled' parkirig- spaces' behind the building on West Loudoun
Street . for 'a particular business.- Mr. Herrell said he has over
$4-, 000 tied up in site plans' and he will abstain from voting until
the change in the ordinance regarding site plans 'is made. ' Mr. Mahan
said Section 9A-6-12 of the ordinance is clear, on this and the Plan-
ning Commission has recommended it - he felt this' case warrants a
waiver. It was pointed out that there are' no parking requirements
in the Old & Historic District: A roll 'call vote °on the resolution
was 3 to 2, with 1 abstention:
- Aye: Councilmembers- Bange and Tolbert and Mayor Newman.
Nay: Councilmembers Rock and Titus.
Abstention: Councilmember' Herrell . ' •
Mayor Newman- ruled that the resolution passes.
78-106 - Resolution - Granting waiver of site plan- requirements -
Joseph D. Lee.
On motion of 'Mayor Newman, seconded-by Mr.' Herrell , the following
resolution was proposed:
1 6-
MINUTES OF JUNE 14, 1978 MEETING.
WHEREAS the Leesburg Planning Commission has recommended
the following waiver of Site Plan Requirements,
RESOLVED by •the Council of the Town of Leesburg, Virginia,
as follows : .
SECTION I. . The; Site-.Plan requirements of. Chapter 9A of
the Leesburg Zoning Ordinance are hereby waived in ac-
cordance with Section 9A-6-12 of •said Zoning Ordinance,
for the erection of a pole barn storage structure to be
located at 103 -Sycolin ,Road,- in accordance with a}sketch
and written request from Joseph D. Lee, dated May 15,:i 1978.
SECTION II. This waiver is conditioned upon the dedication
of a 10 foot strip of land for •widening Sycolin Road by Mr.
Lee prior to the issuance of, a Zoning Permit by. the Zoning ,.
Administrator. •
Mr. Bange said he would abstain since he was not present ,when this
matter was discussed. A roll call vote on;:the, resolution..was 3 for, •
1 against and 2 abstentions :
Aye: Councilmembers Titus, Tolbert and Mayor Newman.
Nay: - Councilmember Rock.
Abstention: Councilmembers Bange 'and Herrell. -
78-107 - Resolution,.-:-Granting waiver• of, site .plan.-requirements -
Tunis H. and Doris W. Campbell. •
On motion of Mr. .Bange. (for: .discussion purposes) , seconded by
Mr. Tolbert, the following resolution was proposed:
WHEREAS the Leesburg Planning Commission has :recommended
the following waiver of Site Plan Requirements, '
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The site plan requirements of Chapter 9A of the Leesburg
Zoning Ordinance are hereby waived in. accordance with Sec-
tion 9A-6-12 of said Zoning Ordinance, for the moving and
completion of a partially constructed building on Lots 26
and. 27. in- Waverly. Heights-, Subdivision in accordance with
a sketch and •letter of request -from Tunis H. Campbell , Jr.
and Doris M. Campbell:, dated May 4, 1-978.
Mr. Bange was under the impression that Mr. Campbell was going to tear
down a wooden shed- on the property. • Mr. Campbell explained that this
is why he is- asking for a site plan waiver - :he wants to move it back
against- the building. He saidhe is trying. to_ improve the property
and thereby provide more tax- money to the Town. Mr. Titus said he
prepared the sketch and instructed Mr. Campbell to attach the struc-
ture. to the. cinder. block building., . Mr. ,Campbell. •could not understand
why they can' t waive :site plans., Mr. •-Herrell .-felt..the Ordinance is
very specific and that it should be. followed; • A roll cal-1 vote on
the_ resolution was 3 to 1, with 2 abstentions :
.Aye:. Councilmembers .Bange,' Tolbert and. Mayor- Newman:: •
. Nay: . Councilmember-- Rock. ... -• .
_Abstentions : ,, .Councilmembersl-b_rrel and Titus.'
I .
78-108 - Resolution - Accepting a Deed of Easement from Peter E.
Millspaugh-, et ux, -for -waterworks improvements.
:,. • ., ,, ,
On motion of Mr. Rook, 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 Deed of Easement made the 19th day of May, 1978, by and
between Peter E. Millspaugh and Mary Millspaugh, his wife, and
1- . _j.
MINUTES OF JUNE 14, 1978 MEETING,
the_ Town of Leesburg for the construction, re-construction,
maintenance, replacement or repair, use and inspection of
water main or mains, including necessary appurtenances,
over, across, through: and under the land of the Grantors,
and for a "temporary, construction. easement" contiguous to
the permanent easement during. the original installation
of water main, and for any and all purposes related thereto,
which shall become null and void once construction is com-
pleted, is hereby accepted, and the Mayor is hereby author-
ized to acknowledge the same on behalf of the town.
111 Aye: Councilmembers Bange, Herrell , Rock, Titus, Tolbert and
Mayor Newman.
Nay: None. .
78-109 -- Resolution-Reappropriating funds for construction and in-
spection of cathodic protection and painting.
On motion of Mr. Rock, seconded by Mr. Herrell , the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows : •
e= SECTION I. . The appropriation made in resolution No. 78-65
et to Account No. .50000. 805, Waterworks Improvements, in the
CV amount of $60, 000 is reduced to $23, 300.
SECTION II. The appropriation made in resolution No. 78-65
to Account No. 50000. 803, Waterworks Improvements - Engi-
neering, in the amount of $4, 000, is rescinded.
SECTION III. An appropriation is made to Account No. 10300. 822,
Hospital Standpipe Renovation, in the .amount of $40, 700.
•
After explanation by Mr. Niccolls, the resolution was unanimously
adopted: . .
Aye:.' . Councilmembers Bange, Herrell , 1Rock, Titus., .Tolbert and
Mayor. Newman.
Nay: None.
78-110 - Resolution - Making an appropriation for ' the. fiscal year
ending June 30, 1978. -
On motion of Mr. Herrell , seconded by Mr. Tolbert, the follow-
ing resolution was proposed:
•
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows : -
SECTION I. The Manager is authorized and directed to enter
into an agreement with Whitmore and Arnold, Inc. of Purcell-
ville, Virginia, for the purchase of one 44-horse power
tractor equipped with a sickle bar side mower and rear power
take-off and one 14-horse' power tractor equipped with a 38-'
inch undermounted mower and 42-inch frontmounted blade with
hydraulic lift and angling ,attachment for snow removal at a
cost not to exceed $11 , 496. 00.
SECTION II. An appropriation is made to Account #10200. 807,
Equipment, in the amount of $11, 500. 00 for the fiscal year
ending June 30, 1978.
Mr. Niccolls explained that this item will. be rescinded from the
1978-79 budget. The resolution was adopted by a vote of 4 to 2:
Aye: Councilmembers Bange, Herrell , Tolbert 'and Mayor Newman.
Nay: Councilmembers Rock and Titus.
78-111 - Resolution - Making an appropriation for the fiscal year
ending-June 30, - 1978.-. .. _
On motion 'of Mr. Bange, seconded by Mr.. Rock, the following
resolution was proposed and unanimously adopted:
118
MINUTES OF JUNE 14, 1978 MEETING•.•
RESOLVED'by the Council'-of the Town of Leesburg; Virginia,
as follows:
• • An' appropriation' is made to Account #10300. 217 {Repairs to
Fireman' s Well') in"the amount' of "$6, 500.00 for the fiscal
year' ending June 30, 1978.' - •
. Aye: Councilmembers Bange, Herrell, Rook, Titus, Tolbert and
Mayor. Newman. --
Nay: • • None: - -
78-112 - Resolution - Making an additional appropriation for con-
struction of improvements at Leesburg Munici-
pal Airport.
On motion of Mr. Rock,. seconded by Mr. Tolbert, the . following
resolution was proposed: -
WHEREAS , the Leesburg Airport Commission has revieWed' and
endorsed the need for reconstruction of a portion of the
Leesburg Airport runway; and -
WHEREAS, these additional repairs are necessary to the
Federal Aviation Administration' s final approval of the
work and authorization of final grant payments' to the town
for this project: . -
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows:
SECTION I. The manager is authorized and directed to exe-
- cute Change Order No. 3 for ADAP Project No. 5-51-0021-01
for ' additional'ipavement. removal and replacement required
- because of poor subbase materials - under certain portions
of the existing runway. ,
•
SECTION II. If required, a loan of unencumbered utility
fund balances in the amount of $25, 679. 50 is hereby author-
ized to the airport fund to be paid from future revenues
of the airport fund with interest at- 6 per cent •per ,annum
compounded annually.
• SECTION III. ,An" appropriation:in- the amount..of $25, 679. 50
is made to Account No. 30000;824, Airport Improvements.
Mr. Niccolls explained that annual rental monies and FBO fees will
provide money for this next year. They feel 90 per cent certain
that 95 per cent will come from a Federal Grant. The, resolution
was adopted by a 'vote of 5 to 1 : -
Aye: Councilmembers Bange, Rock, Titus, Tolbert and Mayor
Newman. -
Nay: Councilmember Herrell .
78=113" = Resolution - Making' additional appropriations for fiscal
year ending Tune 30, 1978.
On motion of Mr. Bange, seconded by Mr. Herrell , the following
resolution was proposed and adopted by ' a vote 'Of 4 to 2 : -
•RESOLVED by the Council of- the Town of Leesburg, Virginia,
as follows : •
Appropriations are made to the accounts shown below for
the fiscal year ending June 30, 1978 as follows : •
Account No. and Name Appropriation
1010. 208 - Newsletter $ 400.00 '
4100;222 - Liability Insurance 3, 551.00
4100.225 - Workmen' s Compensation - 3, 798.00'
Aye: Councilmembers Bange, Herrell, Tolbert-and Mayor Newman.
Nay,: Councilmembers Rock and Titus.
1 9,
MINUTES OF JUNE 14, 1978 MEETING: 1 -
• Town Manager Niccolls called attention to a Memorandum attached
to the Agenda concerning the Paxton Home proposal for water. Council
may wish to refer this to a workshop. .Also", there is a proposed reso-
lution calling for an agreement• to purchase the two well sites on
Evergreen Mill Road. We have a firm option .for. one site from the
owner and an informal agreement for the other under the same condi-
tions, etc.
Mayor Newman asked that Council members consider the Paxton Home
proposal.
A five-minute recess was declared by the Mayor, with Council
reconvening at 9 : 35 P.M.
Mr. Rock objected to considering an ordinance amending Section
19-1 of the Town Code. This will be considered at the next workshop.
78-114 - ,Resolution -. Authorizingan agreement for purchase of well
sites and making an appropriation.
•
On motion of Mr. Bange, seconded by Mr. Rock, the following
resolution was proposed:.
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows : - •
et
C4
, SECTION I. The Mayor is authorized and directed to execute
an agreement in a form approved by the Town Attorney on be-
Ct half of the town with Consolidated Dairy Farms, Inc.., for
the purchase of two parcels of land containing •10000 and
10, 390 square feet, respectively; as described on the two
plats made by DeLashmutt Associates, Certified Engineers
and Land Surveyors, dated June, 1978. - The terms and con-
ditions of the agreement, shall- lbe •as follows.::
- (a) The -purchase price - shall be -$16, 000;00, of which
$2, 000. 00 shall be paid upon execution of the
.agreement, and the balance of the purchase price
shall be paid by -check at the .time of 'delivery of
the deed conveying the parcels of land.
(b) The town shall be entitled to take possession of
the-land on the date of closing.
(c) The title to the real estate shall be marketable
and insurable without exception iby a. recognized
title insurance company and free of any restric-
tion or encumbrance which would inhibit the use
of the real estate for well sites for the produc-
tion of water.
(d) The seller shall agree to convey the land accord-
ing to the survey and plats with general warranty
of title and the usual English covenants of title.
(e) The real estate taxes shall be prorated to the
date of closing and the seller will pay the grantor
tax on the conveyance.
(f) The agreement shall be contingent upon the purchaser
securing all of the necessary permits and approvals
from the appropriate agencies prior to the date of
closing for the production of water and if not se-
cured within the time prescribed herein the seller
shall return the $2, 000. 00 deposit.
(g) If the present title of seller does not prove to be
marketable or insurable or has restrictions inhibit-
ing the proposed use, the town may declare the pur-
chase rescinded and the seller shall return the de-
posit forthwith and there shall be no further lia-
bility on the part of the seller.
-121
MINUTES OF JUNE 14, 1978 MEETING.: '
(h) Full settlement shall be made on or before October
1 , 1978,- provided all-' permits and approvals have
been secured. ".In the event additional time i& re-
' . quired by the town to secure the aforesaid,- seller
agrees to extend the time for performance until De-
. cember 1 , 1978 but. no longer.
(i) If title is marketable and insurable and purchaser
. neglects. ,or refuses to complete the purchase, the
earnest money may, at seller' s option, be for-
feited as liquidated damages.
SECTION II. An appropriation is made .to Account ##50, 000.805,
Well Development, in the amount of $2, 000. 00 for the fiscal
' year ending June 30, 1978. .
Mr. Niccolls said the agreement is prepared, so it is a matter of .
getting it to Mr: Watkins. - It is hoped to have 'a response in two
weeks. A final firm decision - to develop or not develop these sites
will be made after the test work is done. . Once such a -
decision .has been made, a closing date will .be set — this is tenta-
tively set for October 1st, with an extension to December 1st. The
resolution was unanimously adopted:
Aye: Councilmembers Bange, Herrell, Rock, Titus, Tolbert and
Mayor Newman.
Nay: None. .
Mr.. Rock asked that the Town Seal be placed on everything we
own,. as Council voted sometime ago.
Mr. Bange called attention to an illegal sign over a building
on East Market Street. . If this is meant to be a signboard, where
the advertisements can change, there is an ordinance against it.
Mr. Niccolls said he has asked Mr. Forbes for a careful analysis
on this and a report will be given to Council when it is received.
•
On motion of Mr. Bange, seconded by Mr. Rock, the-meeting was
adjourned at, 9 : 45 P.M. . . . .
Mayor
ler of t / ounci
/ •
•
.
1