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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