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HomeMy Public PortalAbout1978_10_25 MINUTES OF REGULAR MEETING OF LEESBURG TOWN` COUNCIL, OCTOBER 25, 198.67 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on October 25, 1978 at 7 : 30 P.M. The meeting was called to order by the Mayor, with the invocation being given by Mr. Tolbert, and fol- lowed with the Salute to the Flag. Present were: Mayor Kenneth B. Rollins, Councilmembers Stanley D. Herrell , Jr. , G. Dewey Hill , Jr. Marylou Hill , Walter F. Murray and John W. Tolbert, Jr. ; also Town Manager John Niccolls , Assistant Manager Jeffrey H. Minor and Di- rector of Finance Donald 0. Taylor. Absent from the meeting was Councilmember Glen P. Cole. The minutes of the regular meeting of October 11, 1978 were approved as written. Mayor Rollins presented Certificates of Qualification for a Police Department intra-departmental pistol course recently con- ducted by Chief Kidwell with some 30 women in. attendance for the course. Appropriate remarks concerning this course were -made by the Mayor prior to the presentation of certificates. Manager' s Report: Mr. Niccolls reported the following items : La (1 ) The "Lamplighter" should be in the mail on Friday. ✓ (2) Concerning the waterworks improvement project, the system reinforcing is over 50 percent complete. The contractor has two crews working and the project should be completed in short order. (3) Test pumping of the Evergreen Mill wells began Tuesday and will be continued for a 72-hour consecutive period This includes the close monitoring of' wells in- the area, such as the Middle School, the Stowers property, two on Mr. John Wright' s property and our own wells. This will allow very careful calculation of the effective yield of these.. wells for design purposes. It is expected that these will prove to be very high producing. wells. (4) The large storm drainage pipe authorized around Firemen' s Well has been delivered andpublic works. crews are installing it. This is about an, $8,000 projectin materials cost and is being done ' to avoid any possibility of surface water contamination into this well . This. is one of our.most dependable producing wells. (5) Paving work on Edwards Ferry, Road is nearly complete - some 1200 tons of asphaltic mix have been put down to date. The east end of North Street and Plaza Drive are complete. All of these projects are running underthe estimated tonnage and' are, therefore, under the budgeted amount of $120, 000. At the Mayor' s request, the proposed shoulder widening on Morven Park Road has been studied. There are two segments of, this project and both can be accomplished for about $1, 200 and within the budgeted amount, so they will be underway shortly. (6) The Betz-Converse-Murdoch report on the Potomac River project will be received Friday. This- is their design review and recommenda- tions for revision in the plan to bring it into conformance with the requirements of OSHA, the Safe Drinking Water Act and technical re- quirements of the State Health Department. ' The next phase will be for Council to review this report, adopt it if they are in accord with it and authorize preparation of construction documents. These can be completed within 100 days, according to the engineers. (7) Mr. Taylor has advised that the tax bills will be mailed tomorrow. (8) With regard to the cash report - the Gene$RgrpwA utlwiaaoevel to $73, 000 - this is probably the low point for this year. There will be tax payments made during the next several weeks, but this indicates that we need the beginning balances proposed in the Budget. Mayor' s- Report : Mayor Rollins requested that all Councilmembers be furnished a copy of the proposed newsletter about a month before it goes out in order that they might put in anything they desire and in 'order that they might edit it before it is published. 4.21141 MINUTES OF OCTOBER 25, 1978 MEETING. Mr. Hill said he has been requested, on behalf of the Leesburg Optimist Club, to welcome the International President to a meeting here on October 27 , 28 and 29. He, therefore, moved the adoption of this resolution, seconded by'Mr. Tolbert. The resolution was unanimously adopted: • 78-193 - Resolution - Welcoming the Capital-Virginia District Opti- mists International Board of Directors; • WHEREAS, the Capital-Virginia District ' Optimists Inter- national Board of Directors is meeting in the Leesburg area October 27, 28 and 29 ; and WHEREAS, Optimists International President Dudley D. Williams will be the featured speaker at the meeting; and WHEREAS , Optimists promote active interest in good government and civic affairs, inspire respect for law, promote patriotism and work' for international accord and friendship among all people, aid and encourage development of youth and serve. to advance the well being of man, his community and the world; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Capital- Virginia District Optimists International Board of Directors is warmly welcomed to the Leesburg area. Further, Councilmember G. Dewey Hill is designated Special Representa- • tive of the Town of Leesburg to the Board for the purpose of extending the Town' s best wishes for a successful meeting. Aye: Councilmembers Herrell , D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins. • Nay: None. Proposed resolution granting waiver of certain site plan requirements for the Millspaugh property site plan. Mr. C. Terry Titus, representative of Bengtson-DeBell & Elkin, ' _,, consulting. engineers, said Mr. Millspaugh is in the process of. im- : proving the old Phillips Motel property with a two-level building. He requested a`waiver 'of' cer.tain requirements of the site plan ordi- nance with regard to this property. 'A request has been' made' to the Planning Commission concerning- this and it has been- recommended by that Coumiission. He explained in detail what Mr. Millspaugh plans - to do and Council discussed some specifics of the plan. Mayor Rol- lins asked that screening between this property and that of Mr. and Mrs. Church' be discussed with them. There was further discussion and Mr.. Herrell was not ready to vote' on this matter tonight. It, therefore, ' goes back to the Public-Works and Utility committee for further discussion, with Mr. Niccolls to give the committee a resume of what has ' been ' discussed here tonight. 78-0-34 - Ordinance - Amending Sec. 3-3-3 and addina new Sec. l5-1-35. l to the Leesburg Zoning Ordinance. On motion of Mrs. Hill , seconded by Mr. ' Herrell, the following ordinance was proposed: '. ORDAINED by the Council of the Town of Leesburg, Virginia, ' as follows : SECTION I. Section 3-3-3 of the Leesburg Zoning Ordinance is amended to read as follows : 3-3-3 Customary incidental home occupations complying with the following requirements : a. No person other than members of the immediate • family occupying such dwelling shall be employed in connection with the home occupation. b. No alteration of the principal or any accessory building shall be made which changes the resi- dential character thereof. • 2t;- t MINUTES OF OCTOBER 25, 1978 MEETING. c. No home occupation' shall occupy more than 25 percent of any one floor in the dwelling unit in. which it is located. • • d. No mechanical or electrical equipment may be used except such. type as is customary for purely domestic or hobby purposes. _ e. No home occupation shall 'be operated in. such a manner as to cause offensive- noise, Vibra- tion, smoke or other particulate matter, odor- ous matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to the occupants of nearby properties. f. No wholesale, jobbing or retail business shall be permitted unless it is conducted entirely by mail and/or telephone and 'does not involve the receipt, sale, shipment, delivery or stor- age of merchandise on or from the premises, provided, however, that articles produced by the members of the immediate family residing on the premises maybe sold on the• premises. g. No outdoor storage shall be permitted. h. No sign shall be displayed. i. The area of any outdoor. offstreetarkin shall not exceed 1000- square feet.. . g " j . Vehicles over 7 , 800 pounds 'gross weight shall not be parked or stored on the premises for more than two consecutive hours. Home occupations shall be interpreted to include but are not limited to the following:.- dressmak-ing, beauty shop, office or studio of an artist, . musician, physician, dentist, lawyer, architect, engineer or real estate agent. SECTION II . Section 15-1 of ' the Leesburg ''Zoning-Ordinance is amended by adding subsequent to Sec. 15-1-35, a new Sec. 15-1-35. 1 as follows : • 15-1-35. 1 Home Occupations.- Home occupation means a use con- ducted entirely within an enclosed dwelling by the owner and members - of his. immediate family which is - - clearly incidental and secondary. to residential occupancy. SECTION. III. This ordinance shall be in effect upon .its passage. Mr. Hill was in agreement that ` there should be no sign in •a residen- tial area. However, he questioned Subsection d; the use of the word "electrical." He did not see how- a beauty shop ' could operate without a hair dryer. Mr. Herrell felt this would be covered under "domestic. " There was also discussion concerning the word "immediate" family. Mr. . Niccolls said the Zoning' Ordinance defines "family" as "any number of persons living together as •a single housekeeping unit " On motion of Mr. Murray, seconded by Mr. Tolbert, Council voted unanimously to strike the word "immediate" wherever used in the proposed ordinance: Aye: Councilmembers Herrell , D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. ' There was also discussion- concerning the "grandfathering" of those home occupations already in existence.- Mr. Niccolls said there was no formal written opinion but, orally, 'Mr. Martin said absolutely the Zoning Ordinance cannot make something unlawful that was 'pre- viously lawful under-the prior 'Zoriing Ordinance.- Mrs. Hill said he tqld her this also. Mayor Rollins thought the ordinance speci- fically spells out that additional amendments will not affect those in existence at the time of the revision of the ordinance. The ordi- nance, as amended, was unanimously adopted: 212 ' MINUTES OF OCTOBER 25; 1978 MEETING. Aye: Councilmembers Herrell , D. Hill , M. Hi-11, Murray, Tolbert and Mayor Rollins. • Nay: None. • 78'-0-35 - Ordiinance - Amending Section 9A-2 of the Leesburg Zoning Ordinance. • On motion of Mr. Herrell , seconded by Mr. Tolbert, the following ordinance was proposed: . ORDAINED by the Council of the Town of Leesburg, Virginia, as follows: SECTION I. Section 9A-2 of the Leesburg Zoning Ordinance is amended to read as follows : • 9A-2 Development or Land Use Requiring a Site Develop- ment Plan. 9A-2-1 A site development plan is required and shall be submitted for the following: 9A-2-1. 1 Any development in which automobile parking space is to be used by more than one establishment; 9A-2-1 . 2 Any use or development involving new construction, reconstruction or expansion of structures, except as otherwise provided herein; • 9A-2-1 .3 Any construction of public facilities required to be reviewed by the Planning Commission under Sec- tion 15. 1-456of the Code. bf. Virginia, as amended, . except that the site plan fees therefor shall be waived; 9A-2-1. 4 All new construction within the Old and Historic District visible from a public way. 9A-2-2 A site development plan shall not be required for the following: 9A-2-2. 1 Any development or change of use where a county building permit is not required, no public facili- ties are required or proposed, and. no_ parking or loading facilities are created or modified; 9A-2-2. 2 Any new construction; reconstruction or expansion of existing structures where no public facilities are required or proposed andwhere the Director of Engineering has certified to the Commission the pri- vate improvements will have no adverse physical impact on existing public improvements or adjacent private property; 9A-2-2. 3 Any use or development of single-family detached dwelling units or agricultural uses on active . farms ; , 9A-2-2.4 Any construction, reconstruction or expansion of existing structures where the' Director of Engineer- ing has certified to the Commission the bonded value of the proposed public facilities is less than $3, 000, and the private improvements have no adverse physical impact on adjacent private' prop=' erty. 9A-2-3 The Director of Engineering' s certifications, as authorized herein, shall require the approval of the Commission for special conditions regarding the location, character and other features of the proposed development as deemed necessary in the. public interest and shall require a guarantee or bond to insure the conditions imposed are• complied with. All public facilities required by this chap- ter shall be constructed according to town standards, regardless of whether a site development plan is re- quired. - xXxx MINUTES OF OCTOBER 25, 1978 •MEETING. XRx XN 213 Section II. This ordinance shall be in effect upon its passage. Mayor Rollins asked if this eliminates any possible waiver of a site plan? Mr. Niccolls said No,. ,this is an improvement in the procedure for those people who really don' t need a site plan. The provisions relating to policies (like the Millspaugh site plan) . will still have to be dealt with and this ordinance does not change that. The staff is working on some recommendations as to, how this will- come to the Council. The Millspaugh project is large enough to require a site plan under any situation. Mrs. Hill said his project is 'far in ex- - cess of- the $3, 000 limit proposed in this ordinance. Mr. Niccolls said this ordinance deals with small and minor activities ' - such as - an addition to a porch or some such small item. Mr. Herrell-felt that we have a competent engineer and he should• be able to deter- mine where a site plan is required. This is just for commercial . Mr. Niccolls pointed out that this does affect all .construction in the Old and Historic District. Those with small additionsin the residential areas must get a zoning •permit from the Town and a - building permit from the County. The ordinance was unanimously adopted: Aye: Councilmembers Herrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. 78-194 - Resolution - Granting waiver of site plan requirements. S On motion of Mr. Tolbert, seconded by Mr. Herrell , the fol- lowing resolution was proposed: - • WHEREAS, the Leesburg Planning Commission has recommended the following waiver of site plan requirements for Loudoun House, - 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 waived in accordance with Section ' 9A-6-12 of said Zoning Ordinance for the construction of a 12 ' x 16' storage shed and a mailroom on the Loudoun House site, pursuant to written requests from Mrs. Julie .Gouveia, Site Manager, dated September 21 and 26, 1978, respectively. Mr. Niccolls explained that this is a cas'e: that" would probably come under the new ordinance, but it was in • the process:before the adop- tion of that' ordinance, so he felt it should be acted on. The reso- lution' was unanimously adopted: . Aye: Councilmembers Herrell, D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins. • Nay: None. 78-195 - Resolution Opposing additional HUD Section 8 assistance for Loudoun House Apartments'. • On motion- of Mrs. Hill , seconded by Mr. Herrell , the following resolution was proposed: • WHEREAS, • the Department of Housing and Urban Development has invitedthe Town of Leesburg to comment on an: application from Loudoun House Associates for an additional 38 Section 8 rental assisted units at Loudoun House : THEREFORE, RESOLVED by the Council of the Tpwn of Leesburg, Virginia, as follows : • SECTION I. The application from Loudoun House Associates fot' an additional38 Section 8 'assisted -units for Loudoun House apartments is opposed for the following' reasons : la V)! 2r4 MINUTES OF OCTOBER 25, 1978 MEETING. _ • • a. -Stabilization of . a large-segment of the- present low- income-tenant population is not advisable, since - Loudoun House currently demands substantially dis- proportionate police and fire services. b. Leesburg already has more than its share 'of Section 8 assisted housing and other IoW=income housing. This `includes . 100, Section 8 units for the'elderly-- "and -handicapped presently' under construction and• 127. units available .under the County of Loudoun' s "floating" Section . 8 program of. which, the vast ma- • jority are located in .Leesburg. c. Further Section . 8? assistance -will sdvert-the original concept of- Loudoun .House as an economically hetero- geneous .'community as well as the spirit of the HUD- financed- 236 program for which regulations provide, " , rental policy should be directed .toward • achievinga desirable level of economic integration in the project. . ." . " d. Additional Section 8 assistance will adversely im- - pact remaining moderate income tenants' and serve to -further' sigmatize Loudoun House as a very low income complex since a majority of ,applicants on the waiting list are recipients of welfare assistance. • e. . _Other HUD Section 236 projects in Leesburg have through the years offered quality housing for low- and moderate- income families without the benefit ,of Section 8 assis- tance. f: . The substantive improvements promised in 'earlier appli- cations from Loudoun House Associates have not reached.. fruition. -despite the approval of 132--Section 8 units. g. The base line operating expense data exhibit contained in the Section 8' assistance application overestimates expenditures for taxes and water and sewer expenses"by.. ; over $36., 000 for calendar year 1978. h; Approval of additional Section 8 assistance for- Loud- nun -House- will , according to the application, increase - the ratio of-minority families living at Loudoun' House, which already is at 63 percent. SECTION II. The manager is. authorized and directed to trans-• mit this resolution to Mr. Terry C. Chisholm; Area Manager of the Department of Housing and Urban Development as the - town' s response to the letter from the HUD Washington, D. C. , area office received September 28, 1978, requesting comments within 30 .days to the application. Mr. Hill said there was a previous application when he was on Council before for an additional building and, although Council denied the ap- plication, they went ahead and built additional- units. Council , at that time, was instrumental in' getting a fence erected to attempt to keep these people from harassing the residents of adjoining proper- ties. Policing the area has always been a problem and, until they can overcome the problems in,this' area, he is against it. -Mr. Hill also said that Mr. Tolbert was instrumental in instigating this pro- gram many years ago and commended him for his action back at that time, . even though-it has become a real problem. Mr. Tolbert`"com- , mented that "It got off to a bad start. ' The resolution was adopted by a vote of. 5 to 1 : Aye: Councilmembers Herrell , D. Hill , M. Hill , Murray and Mayor Rollins. Nay: Councilmember Tolbert. MayorRollinssaid this will be personally transmitted to HUD on Friday at 2 : 00 P.M. and members of the Council are invited to ac- company Mr. Niccolls if they so desire: He also pointed out that this request is not for additional construction, but a request for a change of programs within the project. MINUTES OF OCTOBER 25, 1978 MEETING. • X 215 78-196 - Resolution - Authorizing water and sewer extension-permits for Cardinal Industrial Park. ' On motion of Mr. Hill , seconded by Mr. Murray, the following resolution was proposed: • ' WHEREAS, a. planned development industrial park. subdivision preliminary plat for Cardinal Industrial Park just east of Leesburg Motors on Route 7 has been received by the Plan- ning Commission; and WHEREAS, Council has decided to consider extension of water and sewer facilities outside of the corporate limits on a case-by-case basis : THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia,. as follows : A permit for the extension of municipal water and sewer works for Cardinal Industrial Park is approved on the fol- lowing conditions : A. The permit shall be void if the water and sewer works for the subdivision are not completely installed and .-r ready for use by October 25, 1981 ; and B. All requirements of the Leesburg Subdivision Ordinance ,Y+ shall be met by the subdivider; and C. Final approval of the subdivision plans by the Planning Commission; and • • D. Utility connection permit fees for water and sewer ser- vice have been paid. Mr. William Chamberlin -of DeLashmutt--Associates' said he knew Council was concerned with the type of development that will take place on • this property." However, he felt the time for such concern is at the site plan 'stage, not necessarily the subdivision stage. 'The County Zoning Ordinance stipulates specific uses- within the -zoning district, which is PDCH and PDGI, and -they. will. follow these requirements. Mr. Hill said "they "would like to have some idea of the water and sewer demand. Mr. Chamberlin said they can make projections- on an acre- age basis only at this time, based on a specific zoning category, and they will use this criteria to design -the trunk sewer and water. Generally, the design for water and sewer -for a .commercial develop- ment is at the rate of 40 people per acre. Mr. Herrell was con- cerned as to how much money the Town would receive from connection fees. Mr. Chamberlin replied that, based. on 25'-gallons per day._ for 2, 000 persons and on 10 lots,.proposed for 50 acres, this would be $4, 400. Mr. Herrell was interested in annexation in the future and the effect of this development on that. He was of the opinion. that, if we are interested in making- the system pay for itself and to help pay for the Potomac River project, we will have to get some high-density residential property in here. Mr. Chamberlin said commercial users are generally intensive water users. Mayor Rollins added that, before any plans are approved, we must- be absolutely sure the lines are designed to carry the flows from the watershed. We must be' sure the line is designed to carry the properties from the north -side of Route 7 . - Mr. Niccolls said- the construction draw- ings will be checked against the 'Master Plan for the sewer sheds and a concept plan for water distribution. He believes there is no trunk sewer that passes through this property, but the Leegate pro- posal has two major systems to be built through it. 'Mr. Hill said most of us are aware of the principals in this proposed project and- feel they would certa-inly'not do anything detrimental to the Town or the County. Mr. Clarence Jewell, one of. the principals, said they are- all' local businessmen 'who - plan to be here for quite a while. They want to develop and be proud of this ' park. They are- in the developmental stage now, -but there is some possibility that- there may 'be a major user of water. They want to work closely with the'•Town in every way.. ' y• e se�i�'t 216 MINUTES OF OCTOBER 25, 1978 MEETING. The resolution was unanimously adopted: - Aye: Councilmembers Herrell , D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. 78-197 - Resolution - Delaying study for alignment of Harrison Street between East South Street and East North Street. On motion of Mr. Murray, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS , the Planning Commission, at its meeting on August 17 , 1978, requested that the Town Council have a study made for alignment of Harrison Street between East South Street and East North Street ; and WHEREAS, proposals were received for this study at a cost of up to $12, 500; and WHEREAS, funds for this study are not available in the 1978-79 budget year: THEREFORE, RESOLVED by the Council of ,the Town of Leesburg, Virginia, as follows : A study for the alignment of Harrison Street between East South Street and East North Street will not be made at this time but will be considered for inclusion in the 1979-80 budget. Mr. Hill referred to a letter from Petitioners in this general area requesting that the Town not allow the Lower Harley-Davidson, Ltd. motorcycle business to expand its operations . Mr. Niccolls said he has asked Chief Kidwell to have his officers pay particular atten- tion to motorcycle noise from Payne' s Restaurant and from this opera- tion, but there is no report on it as yet. He felt these people have a legitimate complaint about this noise. It was suggested by Mrs. Hill that perhaps the "construction noise" ordinance could be a- mended to include motorcycle noise. Mr. ,Murray felt this is the same as a "public nuisance" and if it continues to be annoying it • can be curtailed as a "public nuisance. " The resolution was unani- mously adopted: Aye: Councilmembers Herrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. 78-198 - Resolution - Authorizingthe Manaser to enter into a contract with KDA fr professional services and making an appropriation. m . On motion of Mr. Murray, seconded by Mrs. Hillythe following 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 a contract with the firm of Kamstra, Dicker- son and Associates of Reston, Virginia for professional architectural and engineering services on design work" on the log cabin at 14 West Loudoun Street, in accordance with Kamstra, Dickerson and Associates proposal dated September 18, 1978. SECTION II. An appropriation is made from the General Fund to Account No. 10210, Log Cabin Restoration, in the amount of $3, 500 for the fiscal year ending June 30, 1979. Mayor Rollins asked what they will design. Mr. Niccolls explained that this will be for the interior of the cabin - finish material for floors, walls, ceilings and mechanical and electrical facilities. They will prepare a plan for the Town to take to bid. Mayor Rollins •4 t 4'4 va4w MINUTES OF OCTOBER 25, 1978 MEETING. 217 asked what the $20, 000 in the Budget is to be used for. Mr. Niccolls explained that this is for the planning work and construction - he hopes to bring it in under this budgeted amount. He said Mrs. Rey- nolds has several hundred dollars from private donations that will go into this work. An application was made' to the Historic Land- marks Commission in 1977 , but their budget was severely restricted from the Federal level and they are concentrating on acquisition and exterior work. This leaves the interior work up to -the owners. $5, 000 is all we have ever received from this source. Mayor Rollins asked what is proposed once this work is done. Mr. Niccolls thought an 18th Century demonstrating craft would be ideal, with perhaps some payment back to the town for its use. There are some 1100 tourists through the Museum per month. The resolution was unani- mously adopted: Aye: Councilmembers Herrell , D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. 78-199 - Resolution - Approving arant application to the Virginia Department of Conservation and Economic De- velopment, Division of Litter Control for supplemental funding of litter control equip- ment. On motion of Mr. Murray, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the Council recognizes the need for litter control within the boundaries of the Town of Leesburg; and WHEREAS, the Litter Control Act of 1976 provides, through the Department of Conservation and Economic Development, Division of Litter Control, 'for the ' allocation `of public funds to be contributed through grant funding to local litter control programs ; and ' WHEREAS, the regulations and the appl'ication 'for the admin- istration and use of such funds have been reviewed and considered: . RESOLVED by the Council 'of the' Town of Leesburg, Virginia, as follows : The Town Manager is authorized to apply for grant funding for the litter control program described in 'the grant ap- • plication, which is hereby endorsed. Aye: Councilmembers Merrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. 78-200 - Resolution - Authorizin an application to the Federal Aviation Administration" for Airport .Develop- ment Aid Program funds for safety improve- ments to the Airport. On motion of Mr. Murray, seconded by Mrs. Hill , the following resolution -was. proposed and unanimously 'adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : ' The manager is authorized and directed to submit an appli- cation to the Federal Aviation Administration for Airport Development Aid Program funds for the construction of two holding aprons, two VASI systems and REILS for each runway. Aye: Councilmembers Herrell , Hill , Murray, Tolbert and Mayor Rollins. ' Nay: None. X kx a»•X "218 MINUTES OF OCTOBER 25, 1978 MEETING. 78-201 - Resolution - Referring proposed State Code Amendments to the Planning Commission for -study and recom- mendation. On motion of Mrs. Hill, seconded by Mr. Herrell, the follow- ing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Proposed amendments to Sections 15. 1-466 and 15. 1-474 of the Code of Virginia are hereby referred to the Leesburg Planning Commission for its study and recommendations. Mr. Niccolls said the State law behind our subdivision regulations is, in his view, sorely in need of a facelift. Mr. Martin has re- viewed it and we are now trying to get it to Richmond for review with the recommendation of Council . 'The resolution was unanimously adopted: Aye: Councilmembers Herrell , D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins. • Nay: •None. 78-202 - Resolution - Authorizing Christmas lightin and bagging of parking• meters prior to the Czristmas Holiday. On motion of Mr. Herrell, seconded by Mr. Tolbert, the following • . resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. Christmas decorations shall be erected following Thanksgiving, with lighting to be turned on Friday, December 1 through Tuesday, January 2. SECTION II. Appropriate bags shall be placed over all park- ing meters for the period December 11, 1978 through December 26, 1978. Aye: Councilmembers Herrell, D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. 78-203 —Resolution - Deleting resurfacing of North Harrison Street from the 1978 Street Resurfacing Program. On motion of Mr. Murray, seconded by Mr. Hill, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Resurfacing of North Harrison Street from Edwards Ferry Road to East North Street is deleted from the 1978 Street Resurfacing Program. There was extensive discussion concerning the future replacement of the sanitary sewer line on North Harrison Street (the reason for de- leting this street from the resurfacing program for this year) and the I/I program undertaken as problems are found and for •the future. The resolution was unanimously adopted: Aye: Councilmembers Herrell , D. Hill , M. Hill , Murray, Tolbert and. Mayor Rollins. Nay: None. 78-204 - Resolution - Authorizing equipment purchases .and making ap- propriations. On motion of Mr. Tolbert, seconded by Mr. Herrell, the following resolution was proposed and unanimously adopted: 2 19� MINUTES OF OCTOBER 25, 1978 MEETING. . RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : SECTION leceledmincatirislliTd&d:11111- I eris authorized anddirected to enterinto anrenttopurchase twopolice. patrol vehiclesmeeting eccaios issued by . the .Police Department fromS & R Chro -Odsobile, Inc. , 320 Fort Evans Drive,LeesburgVini2075, at a cost not to exceed $13,058.SECTION . e anger is . authorized and directed to enter into an renttopurchase one pick-up truck equipped asper bid ber 13,• -1978 from S & R. Cheyrolet-Olds- mobile, Inc. , 320 Fort Evans Drive, Leesburg, Virginia 22075. SECTION III. An appropriation is made from 'the General Fund • • to Account '901O. 803, Police •Automotive .Equi'pment, in. the .a- ,mount of $13, 360 for the fiscal year -ending June 30, 1979. SECTION IV. An -appropriation is made from the Utility Fund to Account 20200. 801 , Water Supply ,Automotive Equipment, in- the amount of $4, 550 for the fiscal year ending June 30, 1979. Aye: Councilmembers Herrell , D. Hill , M. Hill , , Murray, Tolbert and Mayor Rollins. Nay: -None. 78-205 - Resolution - Making additional appropriations for• the fiscal y year ending June 30, 1979. On motion of Mrs. Hill , seconded by Mr. Tolbert, the .following resolution was proposed and unanimously adopted: .RESOLVED by the Council of the Town .of Leesburg, Virginia, as follows: - SECTION I. An appropriation is made from the Utility Fund to Account No. 20200. 291-A, diZerega Spring rental , in the amount. of $600;00 for- the fiscal,:year . ending_.,June 30,., 1979. SECTION II. An appropriation is made from' the..General.' Fund to Account No. 6010. 248, Dues and Subscriptions, in the a- mount of $176.00 for the fiscal year ending June 30, 1979 . Aye: Councilmembers Herrell, D. Hill , M. Hill , Murray, Tolbert and. Mayor Rollins. . . , ' Nay: None. . • •.. . 78-206 - Resolution. - Granting waiver of/site plan requirements for Edwin- Beaver.- • . , There.:bein.gfno ,objection- to- consideration tonight, .on motion of Mr. Tolbert, seconded by. Mr.. Hill ,- the following resolution was proposed: ' WHEREAS the Leesburgua . Planning Conission• has recommended the following waiver of Site Plan Requirements. RESOLVED by the Council' of the Town of Leesburg in Virginia as follows : In accordance with Section 9A-6-12 .of the Leesburg . Zoning Ordinance, the site plan requirements of Chapter 9A 'of . said _ Zoning Ordinance are waived for the erection of a building .on .an . existing concrete slab located .at 43 South Wirt Street as requested in letter from Edwin E. Beaver. dated October 2, 1978.. Mrs. Hill said he has to go before the Board of Architectural Review since this is in the Old and Historic District. Mr.' Niccblls said this may be included in the grandfathering clause of the ordinance adopted tonight. - The resolution ,Was unanimously adopted:— • Aye: Councilmembers Herrell, D. Hill , M. Hill; Murray, Tolbert and Mayor Rollins. Nay: None. 22O MINUTES OF OCTOBER 25, 1978. - On motion of 'Mrs. Hill , seconded by Mr. Tolbert, Council voted unanimously to go into executive session to discuss legal and person- nel matters at 9 : 30 P.M. • Aye: Councilmembers Herrell, D. Hill, M. Hill-, Murray, Tolbert and Mayor Rollins: -Nay: None. . - . On motion of Mrs. Hill , seconced by Mr. Hill, Council voted unani- mously to -reconvene public session: - • Aye: - Councilmembers Herrell , D. Hill; M. Hill , Murray', Tolbert and Mayor Rollins. - Nay: None. • 78-207 = Resolution - Recommending appointment of Howard M. Willis, Jr. to Board of Zoning Appeals. On motion of Mr. Murray, seconded by, Mr. Herrell, the following • resolution was proposed and 'unahiMously adopted: WHEREAS, Walter F. Murray is a member of the Leesburg Board of Zoning Appeals, and • • WHEREAS , Walter F. Murray was appointed to the Leesburg Town Council op August 29, 1978, thereby creating a vacancy on -.the .Board . of Zoning Appeals; • RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : - ' Council recommends the appointment of Howard M. Willis, Jr. to the Board of Zoning Appeals to fill the unexpired term of Walter F. Murray, said term to expire December '31 ; 1982, and the Mayor is directed to send Council ' s recommendation to the Judge of the Circuit Cour€: • Aye: Councilmembers 'Herrell, D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None: • • 78-208 - Resolution - Making appointment to the Board of -Grievance Commissioners. • On motion of Mr. Tolbert, seconded by' Mrs. Hill, - the following resolution was proposed and unanimously adopted: - - . .RESOLVED_ by. the Council of the Towri-.of Leesburg, Virginia, as follows : • In accordance with Section 12. 1-55 of the Personnel'Manual. for the Town of Leesburg, Reverend Charles H. Roberts is appointed to the Board of Grievance Commissioners td fill the unexpired term of Walter F. Murray, said term to expire April 14, 1979. Aye: Councilmembers Herrell , D. Hill, M. Hill , Murray, Tolbert ' and Mayor Rollins. Nay: None. - • 78-209 .- Resolution - Recommending appointiaent to:Board Of Zoning ' Appeals. • On Motion', duly seconded, the following resolution was' pro- - - - posed and unanimously adopted . :- • WHEREAS, the term of Robert J. Spunar as a member of the _.Leesburg'_Board_of Zoning Appeals expired on December 31 , • 1977 . . • RESOLVED by the Council Of-the- Town of Leesburg, Virginia, as follows : . MINUTES OF OCTOBER 25, 1978 MEETING. Council recommends the reappointment of Robert J. Spunar for a term of five years, beginning January- 1, 1978 and e*piring December 31, 1982, and the Mayor is directed to send Council ' s recommendation to the Judge of the Circuit Court. Aye: Councilmembers Herrell, D,• Hill , M. Hill; Murray, Tolbert and Mayor Rollins. - Nay: None. • • - On motion of Mr. Murray, seconded by Mr. Herrell , the meeting was adjourned. • Mayor• • Cl erk of• e Council • C, N