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MINUTES OF REGULAR MEETING OF' LEESBURG TOWN COUNCIL; PUBLIC 258
HEARINGS ON LEGARD REZONING AND COMMUNITY DEVELOPMENT SINGLE
PURPOSE GRANT APPLICATION, JANUARY 24 , 1979 .
A regular meeting of the Leesburg Town Council was held in
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia
on January 24 , 1979 . Present were: Councilmembers Glen P . Cole;-
Stanley D. Herrell , Jr. , Marylou Hill and John W. Tolbert, Jr.
Absent at the beginning of the meeting were Mayor Kenneth B.
Rollins and Councilmember G. Dewey Hill , Jr. , both of whom
joined the meeting later, as so noted in these minutes. Also
absent was Councilmember Walter F. Murray.
1 In the absence of the Mayor and Mayor Pro-Tem, on motion of
Mr. Tolbert, seconded by Mrs. Hill , Council voted unanimously to
convene the meeting at 8 : 50 P .M. and to appoint Councilmember
Stanley D. Herrell, Jr. Acting Mayor Pro-Tem until the arrival
of Mayor Pro-Tem G. Dewey Hill , Jr. :
Aye: Councilmembers Cole, Herrell , M. Hill and Tolbert.
Nay: None.
The invocation was offered by Mr. Herrell and followed with
the Salute to the Flag.
c,0
CD The minutes of the regular meeting of January 10 , 1979 were
approved as written.
Q PETITIONER - RE LOUDOUN BAPTIST TEMPLE TRAFFIC VIOLATION
Rev. Ron Johnson, Pastor of the Loudoun Baptist Temple and
spokesman for a group of some sixty members of his congregation
accompanying him, addressed Council concerning a traffic violation
for "No Town Sticker" issued by Sgt. Evans of the Leesburg Police
Department on January 16 , 1979 . He said both he and his wife have
been stopped on numerous occasions over the last four years con-
cerning this same matter and, upon stating and exhibiting a regis-
tration card in the name of Loudoun Baptist Temple, they have
never been issued a summons for this . He stated that he knows
of a number of churches in Fairfax County that operate such ve-
hicles and they have never purchased either County or Town stickers.
Some of these churches operate at least 20 vehicles and two of
them have been in operation for some 20 years. He said he was
advised in late December by Chief Kidwell that these stickers
should be purchased. He called Mayor Rollins concerning this
but had not received a reply. He asked that Council consider
exempting churches from the purchase of these stickers.
Mr. Tolbert said a similar instance occurred last year con-
cerning the Day Care Center here in Leesburg and they were ad-
vised that they must purchase this sticker and did so. He under-
stood there is a State law requiring this . Rev. Johnson felt
that if trucks hauling stock to market and Fire Department and
Rescue Squad vehicles are exempt, certainly church-owned vehicles
should be also. He understood that Council has the authority to
exempt these vehicles. Mr. Niccolls felt Council should ask Mr.
Martin for a legal opinion on this matter. If it is found to be
in Council ' s authority, legislation could be prepared. Mr. G.
Dewey Hill , who arrived during the discussion, asked if the Church
purchases State tags. Rev. Johnson said they do, a State license
provides a service - it protects them insofar as insurance is con-
' cerned and they are charged only $20 . 00 for such tags. The Town
sticker, however, does not provide any service - all it controls
is personal property tax and churches are exempt from such taxes .
Rev. Johnson was advised that a legal opinion will be sought from
the Town Attorney and this matter will be discussed by the Finance
and Administration Committee on Tuesday, January 30th at its meet-
ing. Rev. Johnson was invited to attend this meeting and he will
be advised of the status of the matter beforehand. Mr. Niccolls
added that the Police Department will issue no further summons un-
til this matter is resolved.
Mayor Pro-Tem G. Dewey Hill, Jr. assumed the Chair at this
time.
MINUTES OF JANUARY 24 , 1979 MEETING.
PUBLIC HEARING - LEGARD REZONING - ZM-23
A public hearing was held on the above proposed rezoning.
There being no-one to speak either for or against this matter,
the hearing was declared closed. Action on this matter will be
considered by the Finance and Administration Committee at its
meeting on January 30 , with Council consideration on February 14 .
PUBLIC HEARING - COMMUNITY DEVELOPMENT SINGLE PURPOSE GRANT
PREAPPLICATION.
Mrs. Margie Harrison, a resident of 33 Wilson Avenue, ad-
dressed Council concerning storm drainage on Wilson Avenue and
asked that Council consider the whole project - storm drainage,
curb, gutter and sidewalks in Fairview Subdivision. She was also
speaking in behalf of the Shifflet ' s, who are also residents of
the area. She referred to the rain today and its results, a large
hole in the street, as well as a "lake" . She asked that a petition
presented sometime back, containing the names of some 50 to 60
residents of the area, be submitted along with this application.
She has been told that the storm drainage work would start at
Hirst ' s and proceed in a westerly direction until the money is
gone - she asked that they not be "left out in the cold. " She
felt they have been "shuffled around" on this - she was told that
$4 , 000 had been appropriated for a study of this matter, which
Trwas to take about 60 days - she then read in the paper that another
$6 , 000 was appropriated for this study. She felt that the town
got "hooked" on this study, the people involved were only in the
area about half an hour . She felt the residents are due an expla-
nation as to just how the town proposes to construct this drainage
system. There has been no information given to them concerning
the study. Mr. Niccolls said the study was completed in September
or October - he apologized for not notifying her of its results .
He also explained that the man she saw was a surveyor, doing only
the field work for a lot of engineering work to be done. It calls
for placement of the storm drains in the existing storm drains and
will not go through private property, thereby relieving the need
for easements, etc. The study cost was somewhere around $3 , 000 -
it is being used to justify the application to HUD. It is planned
to make two distinct and separate applications and they will rise
and fall on their own merits. The Town Branch work and the Fair-
view Subdivision work are totally independent insofar as the HUD
analysis and our application are concerned. It has been done this
way intentionally because they don ' t want the whole thing to fall
if one project does not meet their guidelines. If they say they
will finance the larger project, it won ' t be up to the town, but
it would make more town money available for needed work. The
$6 , 000 appropriation was for additional engineering on Town Branch
from Hirst ' s up to their project. As the water is speeded up from
Fairview Subdivision to the creek, the properties right next to the
creek will be flooded - the whole thing is inter-related and the
town is trying to do the whole thing as a package. If we do not
get this grant, then it is up to the Council to find funds to do
this work. Mrs. Harrison reminded that Council said earlier there
was no more money for any work in town, yet the parking lot has been
bought and work authorized for its development, Edwards Ferry Road
and Morven Park Road have been paved and the ditch on Fairview Street
has been paved, yet they are still waiting. Mr . Hill said he is on
record that, in the event this grant fails , then Council will have
to look for the money to do this work - he felt the rest of the
Council was in agreement on this . It might have to be done in
stages and relieve the drainage problems first. The engineering
work had to be done in order to qualify us for this grant money
if we can get it. Mrs . Hill asked when we might know if we will
get this grant? Mr . Minor explained that the preapplication would
be approved first, then the application - it would probably be late
summer before they will know and before any detailed engineering
could be started. They want the project to be completed in a year .
Mr. Herrell asked the cost of these projects? Mr . Minor said the
Fairview Subdivision project was approximately $81, 000 and the Town
Branch around $300 , 000 , the latter a rough estimate because the
preliminary engineering is not complete. Mrs. Harrison was hopeful
that they will get enough money to do the whole thing so that no-one
MINUTES OF JANUARY 24 , 1979 MEETING . 260
will have to endure this constant flooding. She asked that the
town fill in the hole in front of her house .
Mr. George Selby, 12 Wilson Avenue, said he has been a resident
there for 33 years and he is familiar with the drainage situation.
He felt it is due some consideration by Council and hopes they will
get some action by fall at least.
Mr. Frank A. Watkins, a resident of 57 S. King Street, said he
had about 31 feet of water in his house in January of 1972 and lost
almost everything on the first floor. He had about the same amount
in October of 1976 , and has had from 6 to 8 inches 'at other times.
He lost two cars in 1972 . The under-structure of his house has
been weakened but, being a contractor, he has been able to keep
things half way decent. Since Crestwood and some other subdivi-
sions have been built, it is worse. He said he has lived there
for 33 years and he feels it is time Council gives them some con-
sideration and place this in next year ' s Budget, if nothing else.
He said his wife had to be carried by Rescue Squad out of an up-
stairs window the last time they were flooded. Mr. Hill asked
if the storm drainage work done from E. Market Street down behind
the Fire Department property has done any good for him. Mr. Wat-
kins said it doesn ' t rise quite as fast, but he has had to take
out logs , etc. several times. He said he has talked to many town
officials over the years and it seems they are forgotten. Mr. .
Rock, a former councilman, told him to plead to Council that they
G7 not allow any more building until something is done.
Mr. Herrell inquired as to how far such a grant would go on
these projects? Mr. Niccolls said they have only rough estimates.
The grant would be for up to $400 , 000, but this would put the
projects well in the realm of financing in the next fiscal year
budget.
Ms. Melissa Allen, 55 S . King Street, said in June or July
the water came up to her second step and she feared it would come
in the house again. Mr. Niccolls has told her to call and she
has done so. When the town men come and clean out the boards and
other debris, then the water can go down . She said since the
Hirst building has been extended over the bridge, the water can 't
get through and backs up on the Watkins and her. She said her
dining room rug still smells musty, even though she had it cleaned
at $65. 00 . She also said she can 't lift heavy chairs, etc. and
move them out of the way of the water. She did not feel the town
needed another parking lot - some former stores have closed up and
most people go other places to shop. She could not afford flood
insurance and has nobody to depend on. She asked where the town
got the money for the parking lot? Mrs. Hill said it is supposed
to pay for itself . Mr. Hill said you have to gamble today - he
cited Charles Town as an example - closing the race tracks takes
their revenue away. The parking lot is set up on a revenue-pro-
ducing basis and, if it doesn ' t pay its way, he felt Mr. Murray
would certainly be in favor of getting rid of if . Ms . Allen said
they promised last year that this work will be done in 1979 - does
the town have any intention of doing anything? Mr. Hill said the
wheels of government turn slowly - if urban projects such as this
are wiped out of Mr. Carter ' s budget, as stated in his speech last
night, then we will have to do the best we can without it. He as-
sured her that something will be done.
Mrs. Lou Etta Watkins , wife of Mr. Frank Watkins, said they
have been flooded on several occasions and it broke her heart to
see her piano turned over in the water and to lose other things of
personal value, as well as money value. She felt that sometimes
the wheels of government are not turning slowly - they are not
turning at all . She felt that it is not the amount of money , but
what is done with the money. The comfort and peace of mind of
the citizens should come before beautification and money-making
projects. The town owes it to them so they don 't have to have
nervous break-downs . She was in sympathy with Mrs . Harrison with
water outside her home and in her basement, but having water in the
first floor of their homes and losing things such as a freezer and
all the food in it is certainly enough to cause a nervous break-down.
She asked that they try to get this project done and try to make
everybody comfortable .
The public hearing was closed.
f J 3'
MINUTES OF JANUARY 24 , 1979 MEETING.
MANAGER' S REPORT
Mr. Niccolls said the written Activity Report has been sub-
mitted - he had nothing further to report.
79-0-1 - ORDINANCE - AMENDING THE ZONING MAP ACCORDING TO APPLI-
CATION ZM-22 BY LOIS W. FRANCIS .
On motion of Mr. Tolbert, seconded by Mrs. Hill , the fol-
lowing ordinance was proposed:
WHEREAS, the Council of the Town of Leesburg, Virginia,
at a meeting held on September 27 , 1978 , referred rezoning
application numbered ZM-22 by Lois W. Francis to the
Leesburg Planning Commission for the purpose of holding
a public hearing on the application and making a recom-
mendation, as provided by Chapter 11, Article 8 , Section
15. 1-493 of the 1950 Code of Virginia, as amended; and
WHEREAS , the Leesburg Planning Commission, at a meeting
held on November 16 , 1978 , recommended that a portion of
the land proposed for rezoning be approved; and
U: WHEREAS, the Council for the Town of Leesburg, Virginia,
er after due public notice, held a public hearing on Janu-
0'1 ary 10 , 1979 , and heard all persons desiring to be heard
on the rezoning application;
BE IT ORDAINED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I . The Leesburg Zoning Ordinance is hereby amended
by revising the zoning map according to application number
ZM-22 by Lois W. Francis to change from R-2 to B-2 a par-
cel of land containing 12 , 077 square feet, located on the
south side of East Loudoun Street and bounded by E. Loudoun
Street on the north, Savopoulos on the east, East Royal
Street on the south, and Legard on the west , exclusive of
the rear 100 feet of said parcel fronting on East Royal
Street.
SECTION II . This ordinance shall be in effect from and
after its passage.
Mr. Hill asked Mr. Francis if he understands what this means
and that the rezoning of the remaining properties in this block
of East Loudoun Street will be considered by Council shortly?
Mr. Francis wanted the entire property (through to Royal Street)
rezoned, but felt he would have to accept whatever the Council
decides . Mr. Hill said he had suggested to the Public Works Com-
mittee that the homeowners on East Royal Street becontacted to
see how they might feel about rezoning their properties . Mr . Her-
rell was vehemently opposed to rezoning this street - he felt
there are some very nice homes on that street and they could not
be replaced either in the town or the county for what they might
bring. He said he had talked with some of these people and they
do not wish to be rezoned. He was not in favor of rezoning one
property at a time and felt the town should be retained with a
mixture of residential and commercial zoning . Mayor Rollins
joined the meeting at this time and voted on this ordinance .
The ordinance was unanimously adopted:
Aye: Councilmembers Cole, Herrell, D. Hill, M. Hill , Tolbert
and Mayor Rollins .
Nay: None.
Mayor Rollins assumed the Chair at this time .
OHM
MINUTES OF JANUARY 24 , 1979 MEETING. 262
79-7 - RESOLUTION - AUTHORIZING A PREAPPLICATION FOR COMMUNITY
DEVELOPMENT SINGLE PURPOSE GRANT FUNDS .
On motion of Mr. Cole, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows:
The town manager is authorized and directed to prepare
a preapplication to the Department of Housing and Urban
Development for Community Development Single Purpose
Grant Funds to construct a storm drainage system for
Fairview Subdivision as generally described in a pre-
liminary engineering report prepared by Bengtson, DeBell
& Elkin, Inc . , dated September, 1978 , and a drainage
facility for a section of Town Branch located between
South Liberty Street extended and South Church Street
extended and generally described in a memorandum to
the Council dated January 12 , 1979 .
Aye : Councilmembers Cole, Herrell , D. Hill , M. Hill,
'.7 Tolbert and Mayor Rollins .
Nay: None.
79-8 - RESOLUTION - RESCINDING PRIOR ACTION CONCERNING EAST
LEESBURG HILLS AND TUSCARORA DEVELOPMENTS .
On motion of Mr. Tolbert, seconded by Mr. Herrell, the fol-
lowing resolution was proposed:
WHEREAS, the Council on October 8, 1975 adopted a resolu-
tion expressing its opinion that the then proposed rezon-
ing for the East Leesburg Hills and Tuscarora developments
was premature and detrimental to the ultimate development
of the town; and
. WHEREAS, conditions for the development of the areas out-
side Leesburg in the Tuscarora watershed have changed:
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
The resolution adopted October 8 , 1975 is repealed.
Mrs. Hill felt this should go to the Planning Commission - it
concerns potential growth (about 2400 additional people) , a road
for their use, houses across from the Sewage Treatment Plant .
Mr. Herrell understood about the houses across from the Treatment
Plant, but he felt this resolution has nothing to do with anything
but rescission - this is a Council policy decision. On motion of
Mrs. Hill, seconded by Mr. Hill (for discussion purposes only) , a
substitute resolution was proposed to send this matter to the
Planning Commission. Mr. Hill asked if the Planning Commission
turned this down originally? Mr . Rosser Payne, Planning Consultant
for the project, said it has never been before the Town ' s Planning
Commission - a portion of the property is outside the Town ' s one-
mile jurisdiction. The zoning application was filed before the
County and it was presented to Leesburg only because it could not
possibly be developed unless there were water and sewer facilities.
This is at the zoning stage only. The resolution adopted by the
Council at that time was based on the moratorium in existence at
that time. They are requesting now that this resolution be re-
scinded since water and sewer service is now available both in-
side and outside the corporate limits . He reminded that this
matter is in litigation at this time and settlement is imminent
if Council rescinds its resolution. A roll call vote on the sub-
stitute motion was 5 to 1 , defeated:
Aye : Councilmember M. Hill .
Nay: Councilmembers Cole, Herrell , D. Hill, Tolbert and
Mayor Rollins.
Mr. Herrell asked that Mr. Niccolls comment on his staff report
with regard to high density residential zoning for the area im-
mediately adjacent to the east of the Sewage Treatment Plant.
2 633'
MINUTES OF JANUARY 24 , 1979 MEETING .
Mr. Niccolls said he does not believe that high density residen-
tial zoning is appropriate for that area immediately adjacent to
the east of the Treatment Plant since the Plant does , at times,
emit some odor. He was aware of the fact that this is just a
concept plan, but there will be private negotiations with the
County for settlement of this case. It is up to Council to make
such a decision. Mr. Herrell said we certainly won 't want peo-
ple to complain about odors that we can do little or nothing
about. He felt there should be some mention of this in the
statement. Mr. Payne suggested that perhaps the town might
want to request that there be no units placed in the area north
of the Tuscarora next to the Treatment Plant. He further explained
the County ' s requirements for cluster zoning, stating that they
must arrange their property so that there is 50 percent open
space. Mayor Rollins felt that this should come up when they
apply for subdivision approval. Mr. Niccolls asked if it is
expected that they will receive only one zoning category? Mr.
Payne said they expect the area north of the Blue Ridge Mountain
Parkway to be one density since it can be sewered by gravity,
while the area to the south of the Parkway line will probably be
retained in a separate category because it is not sewerable . How-
ever, this is not affected by the Town ' s concern . Mr. Hill said
anyone purchasing this property should be aware that the Treatment
Plant is there - he likened this situation to the Blue Ridge Middle
et School and the Airport - the Airport was there first. The reso-
N lution was unanimously adopted :
Aye: Councilmembers Cole, Herrell, D. Hill, M. Hill , Tolbert
and Mayor Rollins.
Nay : None .
Mr. Rollins asked that copies of this resolution be sent to Ms .
Julia Taylor for the County, Mr. Robert Harris for the petitioners
and to Mr. Bolen for the Board of Supervisors.
79-9 - RESOLUTION - AUTHORIZING PURCHASE OF EQUIPMENT/MATERIALS
FOR THE EVERGREEN MILL WELL FACILITIES .
On motion of Mr. Hill, seconded by Mr. Tolbert, the following
resolution was proposed :
WHEREAS, the town water supply requires augmentation by
June 1 , 1979 , from newly discovered subsurface supplies
from wells on Evergreen Mill Road; and
WHEREAS, regular contracting procedures would cause un-
acceptable delay in completion of the facilities; and
WHEREAS, Bengtson, DeBell & Elkin, Inc . , has provided
a preliminary construction cost estimate for the required
pumping and treatment facilities and water transmission
main of $248 , 590 . 00 ;
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I . The manager is authorized and directed to pur-
chase the following equipment/materials at the stated
prices :
Turbidimeters $ 1, 584 . 00
Fluoride Pump 1 , 281. 00
Chloride Pump 1, 239 . 00
Weight Recorder and Scale 1, 940 . 00
Chloride Mixer and Tank 500 . 00
Grating 312 . 00
Water Pumps (2) and Appurtenances 14 , 071 . 12
Total $20 , 927 . 12
• X
XXX X X
MINUTES OF JANUARY 24 , 1979 MEETING. 264
SECTION II . An appropriation is made from the Utility
Fund Restricted Assets to Account No. 20500 . 805, Water-
works Improvements Well Development in the amount of
$20 , 927 . 12 for the fiscal year ending June 30 , 1979 .
Mr. Hill pointed out that their committee feels this type of equip-
ment can_sometimes take a long time to obtain and we are shooting
for a target date of June 1 to place these wells in service. Mayor
Rollins asked if the plans have been completed? Mr. Niccolls said
we have a set of construction plans, but they are going to the
Health Department. They should be returned by that Department in
a short time and could possibly come back with one or two minor
modifications, but nothing that will affect our construction
schedule. The resolution was unanimously adopted:
Aye: Councilmembers Cole, Herrell , D. Hill, M. Hill, Tolbert
and Mayor Rollins.
Nay: None.
79-10 - RESOLUTION - AUTHORIZING SUBSTITUTION OF A PERFORMANCE BOND
FOR A CASH BOND FOR PUBLIC IMPROVEMENTS FOR
MADISON HOUSE.
'0 On motion of Mr. Cole, seconded by Mrs. Hill , the following
a:^� resolution was proposed:
WHEREAS , CRI, INC. , developers of Madison House on Monroe
Street in Leesburg, have requested that a performance bond
in the amount of $19 , 420 be substituted for the cash bond
in that same amount now on deposit with the town to guaran-
tee installation of public improvements at Madison House;
and
WHEREAS , this performance bond has been received:
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I . Performance Bond No. 9281309 of the Fidelity
and Deposit Company of Maryland in the amount of $19 , 420
to guarantee installation of public improvements at Madi-
son House on Monroe Street in Leesburg is approved subject
to review and approval by the town attorney.
SECTION II . Upon final approval of the above-mentioned
surety bond, the manager is authorized and directed to
release the cash performance bond in the amount of
$19 ,420 plus interest earned which was approved by
Council on May 24 , 1978 , for the guarantee of installa-
tion of public improvements for Madison House.
Mayor Rollins asked why they didn 't get the proper bond before?
Mr. Niccolls explained that they were in a hurry in order to
meet the HUD deadline . He said these funds are deposited in a
savings account and interest is paid on what it earns +- it is .
a separate bank account . This would not appear on any CASH report.
The resolution was unanimously adopted :
Aye: Councilmembers Cole, Herrell, D. Hill, M. Hill ,
Tolbert and Mayor Rollins .
Nay: None .
79-11 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS , RELEASING PER-
FORMANCE BOND, AND AUTHORIZING ACCEPTANCE OF
MAINTENANCE BOND FOR COLONIAL SQUARE OFFICE
COMPLEX ON EDWARDS FERRY ROAD.
On motion of Mr. Tolbert, seconded by Mr. Cole, the following
resolution was proposed and unanimously adopted:
WHEREAS, the developer of the Colonial Square office com-
plex on Edwards Ferry Road has completed public improve-
ments in accordance with town standards and specifications ,
and these have been inspected and approved, and the as-
built drawings have been submitted and approved:
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MINUTES OF JANUARY 24 , 1979 MEETING.
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I . The public improvements for the Colonial Square
office complex on Edwards Ferry Road are accepted for pub-
lic use by the town .
SECTION II . The cash performance bond in the amount of
$7,027. 00 is released and a maintenance bond in the amount
of $350 is approved.
Aye : Councilmembers Cole, Herrell , D. Hill, M. Hill, Tolbert
and Mayor Rollins .
Nay: None.
79-12 - RESOLUTION - PARTIAL ACCEPTANCE OF PUBLIC IMPROVEMENTS ,
PARTIAL RELEASE OF PERFORMANCE BOND, AND
AUTHORIZATION OF ACCEPTANCE OF PARTIAL MAIN-
TENANCE BOND FOR K-MART SITE ON EAST MARKET
STREET.
On motion of Mrs. Hill, seconded by Mr. Cole , the following
resolution was proposed:
if:
tt WHEREAS , John Wallace, Sr. , and Aaron Paulson, developers
CV of K-Mart in Leesburg, have requested partial release of
the $122 , 350 cash performance bond for public improvements
for that site; and
WHEREAS, the public improvements have been completed in ac-
cordance with town standards except for the curb, gutter •
and sidewalk at the entrance and approximately 460 feet
of 66-inch corrugated metal pipe; and
WHEREAS , the developers have agreed the town may withhold
$8 , 000 for the curb, gutter and sidewalk reconstruction
and $2, 000 for the pipe work and to have the work performed
as soon as weather and personnel availability allows; and
WHEREAS, the as-built drawings for all but the curb, gutter
and sidewalk have been submitted and approved:
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I . The public improvements for K-Mart on East
Market Street, except for those mentioned above, are ac-
cepted for public use by the town and $106 , 250 of the
$122 , 35.0 cash performance bond is released.
SECTION II. A maintenance bond in the amount of $6 , 100
is approved.
Mr. Hill asked if we are holding back some of this money because
of the storm drainage problem? ;Mr. Niccollssaid Yes . Mr . Hill
asked what plans there are .to prevent this in the future? Mr.
Niccolls explained that kids set fire to the asphalt coating in-
side the pipe and the heat in the pipe caused the asphalt coating
from the sides and the bottom to run down into a big "glob" several
inches thick. This has caused a minor obstruction and he felt that
a pick-ax or an ax could chip this away in warm weather . The only
way he knew to avoid this would be to use concrete pipe only. Mr.
Hill asked if this has not caused damage to the longevity of the
pipe? Mr. Niccolls did not know the extent of the fire, but it
could have damaged the pipe. Mr. Hill felt this should be checked
out and if it is damaged, the pipe should be replaced. He asked
if this amount of retainage would do that? Mr . Niccolls said he
will ask Mr. Shope about this . Mayor Rollins asked if we have any
control or inspection over construction of parking lots? He under-
stood two lawsuits have been filed over this. Mr. Niccolls said
we don ' t get involved in this . The resolution was unanimously
adopted:
Aye : Councilmembers Cole , Herrell , D. Hill, M. Hill , Tolbert '
and Mayor Rollins.
Nay: None .
XXK -
MINUTES OF JANUARY 24 , 1979 MEETING. 266
79-13 - RESOLUTION - AUTHORIZING EXECUTION OF A NORTHERN VIRGINIA
LAW ENFORCEMENT MUTUAL AID AGREEMENT.
On motion of Mrs . Hill, seconded by Mr. Herrell, the follow-
ing resolution was proposed and unanimously adopted:
WHEREAS, certain local governments in Northern Virginia
have determined that providing police aid across juris-
dictional boundaries in certain emergencies will increase
the ability of the participating local governments to pro-
mote the public safety and protect the general welfare of
its citizens;
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows:
The mayor is authorized to execute on behalf of the town,
the agreement entitled Northern Virginia Law Enforcement
Mutual Aid Agreement, being the same as distributed to
the Council on January 16 , 1979 .
Aye: Councilmembers Cole, Herrell , D. Hill , M. Hill, Tolbert
and Mayor Rollins.
CD Nay: None.
79-14 - RESOLUTION - AUTHORIZING NOTICE OF PUBLIC HEARING ON
PROPOSED REZONING OF PROPERTIES LOCATED
ON EAST LOUDOUN STREET BETWEEN HARRISON
STREET AND EAST MARKET STREET .
On motion of Mayor Rollins , seconded by Mr. Herrell , the fol-
lowing resolution was proposed :and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows: •
A Notice of Public Hearing to consider proposed rezoning .
from R-2 to B-2 of properties located on the south side
of East Loudoun Street between Harrison Street and East
Market Street shall be published in the Loudoun Times-
Mirror on February 1 , 1979 and February 8 , 1979 for Pub-
lic Hearing on February 14 , 1979 at 7 : 30 P.M. in the
Council Chambers, 10 West Loudoun Street, Leesburg,
Virginia.
Aye: Councilmembers Cole, Herrell , D. Hill , M. Hill, Tolbert
and Mayor Rollins.
Nay: None.
79-15 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC
HEARING ON PROPOSED AMENDMENT TO THE LEESBURG
ZONING ORDINANCE REGARDING SIGNS .
On motion of Mayor Rollins, seconded by Mr. Herrell, the fol-
lowing resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows:
A notice of public hearing to consider a proposed amendment
of the Leesburg Zoning Ordinance regarding signs shall be
published in the Loudoun Times-Mirror on February 1, 1979
and February 8 , 1979 for public hearing on February 14 ,
1979 , at 7 : 30 P .M. in the Council Chambers, 10 West Loudoun
Street, Leesburg, Virginia.
Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill , Tolbert
and Mayor Rollins.
Nay: None.
79-16 -• RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR
ENDING JUNE 30, 1979 .
On motion of Mr. Tolbert, seconded by Mr . Cole, the following
resolution was proposed:
207
MINUTES OF JANUARY 24 , 1979 MEETING.
RESOLVED, by the Council of the Town of Leesburg, Virginia.
as follows :
SECTION I. An appropriation is made from the General Fund
to Account No. 10110 . 200 , Litter Control Grant, in the a-
mount of $1, 495 . 00 for the fiscal year ending June 30 , 1979 .
SECTION II. An appropriation is made from the General Fund
to Account No. 10110. 840 , Street Light Installation, in the
amount of $3 , 000 . 00 for the fiscal year ending June 30 , 1979 .
Mr. Hill inquired what street lighting was involved in this ap-
propriation? Mr . Niccolls said all new subdivisions have required
installation of street lights - Carrvale was a substantial part of
this bill . He added that the proposed new Subdivision Ordinance
would change this and require the developer to install these lights .
Mr . Cole said Council tried to get this done last year , but the
Ordinance never got out of Committee. Mrs . Hill said it should
be out of the Planning Commission Committee within the next week
or so. Mayor Rollins asked what the litter control funds will be
spent for . Mr. Minor explained that it will purchase the mini-
street sweeper, four or five trash receptacles and a slide pro-
jector recommended by Keep Loudoun Beautiful . It is understood •
that this appropriation is to appropriate the Grant money from
et the General Fund to the Litter Control Fund for these expendi-
N tures. The resolution was unanimously adopted:
Aye : Councilmembers Cole, Herrell, D. Hill , M. Hill, Tolbert
CZ and Mayor Rollins .
Nay: None.
Mrs. Hill suggested that votes from Committee meetings be
shown when they are not unanimous . There was lengthy discussion
concerning whether or not items receiving a completely negative
vote in committee should come to the entire Council for action. '
It was generally felt that items initiated in committee on which
all members dissented would be dropped at that stage, however, if
there is a split vote in committee, this would be shown on the
Council Agenda, with the full Council voting on the matter.
When an applicant appears before Council with a request, this
matter shall be referred by the Mayor to the appropriate com-
mittee. Even if the committee completely dissents on such matters,
the full Council shall vote on the request .
•
Mr. Tolbert advised that Mr. Martin has requested that any
memorial by Council to Mrs. Martin might be given to Loudoun Me-
morial Hospital . This was in answer to Council ' s request. It -
was the consensus of Council that such amounts be given to the
Clerk and sent as a group memorial .
Mrs. Margie Harrison requested that some action be taken to
see that the sidewalks in the downtown area are cleaned of ice and
snow. Mayor Rollins suggested that such complaints be referred to
the Manager ' s office. Mr. Niccolls said it is a complex matter but
there is an ordinance concerning this .
On motion of Mr. Hill , seconded by Mr. Tolbert, the meeting
was adjourned at 11 : 07 P .M.
I% /t Mayor
Clerk of iihe Council