HomeMy Public PortalAbout1979_05_23 Hitt
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL; PUBLIC 354
HEARINGS ON COMMUNITY DEVELOPMENT GRANT APPLICATION; PROPOSED '
SUBDIVISION AND LAND DEVELOPMENT REGULATIONS AND PROPOSED REZONING
OF-E. LOUDOUN STREET AND S. CHURCH STREET PROPERTIES, MAY 23 , 1979 .
A regular meeting of the Leesburg Town Council was held in
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia,
on May 23, 1979 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 led by Mrs . Hill . Present were:
Mayor Kenneth B. Rollins, Councilmembers Glen P. Cole, Stanley D.
Herrell, Jr. , G. Dewey Hill, Jr. , Marylou Hill, Walter F. Murray
and John W. Tolbert, Jr. ; also Town Manager John Niccolls , Assis-
tant Manager Jeffrey H. Minor, Director of Finance Donald O. Taylor
and Town Attorney George M. Martin.
The minutes of the regular meeting of May 9 , 1979 were approved
as written.
PUBLIC HEARING ON COMMUNITY DEVELOPMENT SINGLE PURPOSE GRANT APPLI-
CATION FOR FAIRVIEW SUBDIVISION STORM DRAINAGE.
Mayor Rollins invited speakers on the storm drainage project
in Fairview Subdivision, for which the Town will be making final
0 application for the $81, 000 grant. He stated that a second hear-
Ch ing on this matter will be held on Tuesday, May 29th at 7 : 30 P .M.
There being no-one to speak on this matter, Mayor Rollins closed
the hearing. He noted that, at the second hearing, a committee of
Q five members from the Fairview Subdivision will be appointed to
serve as liaison in the planning, development and administration
of this project.
PUBLIC HEARING ON PROPOSED SUBDIVISION AND LAND DEVELOPMENT REGU-
LATIONS .
There was no-one to speak on the Proposed Subdivision and Land
Development Regulations. Mayor Rollins, therefore, concluded the
hearing. Mrs. Hill said these changes place subdivisions in one
section and site plans in another for clarification. Mayor Rollins
asked that formal action on this Ordinance be placed on the Agenda
for the next Council meeting.
PUBLIC HEARING ON PROPOSED REZONING OF E . LOUDOUN AND S . CHURCH
STREET PROPERTIES.
Mayor Rollins said it is proposed to rezone these properties
of Charles E. and Georgianna Newton and Joseph A. and Lois W. Francis
from "M-1" to "B-2" zoning. There was no-one to speak concerning
these rezonings and the hearing was concluded by the Mayor. He
asked that action on this matter be placed on the Agenda for the
next Council meeting.
Mrs. Margie Harrison was recognized by Mayor Rollins. She re-
quested that Council consider doing the whole Fairview Subdivision
project at one time - the grant has been approved for the storm
drainage, so why not spend tax dollars to do the sidewalks, curb
and gutter now. Mr. Minor advised that the $81 , 100 is for construc-
tion costs only - the engineering and other costs will be paid from
tax dollars . Mrs. Harrison said this will certainly be a help, but
it would be appreciated if the rest of the work could be done at the
same time .
PETITIONERS:
111
Ms. Linda Olinger, owner and operator of Linda ' s Boutique at
the corner of Market and Wirt Streets, expressed concern over the
proposed removal of 10-hour parking meters on the Municipal Parking
Lot and replacement with 3-hour meters . There are a good many paople
who need these 10-hour meters, however, a lot of them are not aware
of this proposed action. Doctors, dentists and those who are in Court
all day need these spaces . She objected to the 14 Town employee park-
ing spaces and felt these people, who are not paying to park, could
walk up from the new parking lot. Town Police also occupy a lot of
spaces. She also felt that walking from the new parking lot with a
bag of money is too far for a female. Mr. Herrell said the Town
parking lot is for the convenience of the people downtown. The
35.5
MINUTES OF MAY 23, 1979 MEETING.
Downtown Business Association asked the Town to buy another lot for
all day parking so that this lot could be used for shoppers, etc .
A lot of money has been spent on this lot and so far about 45 all-
day parking permits have been sold. He was not in favor of 10-hour
parking - he didn 't believe it could take anybody 10 hours to shop
or take care of business in Leesburg. The Town does not have an
obligation to provide parking for private businesses - the parking
lot is to make money. He was not in favor of all the Town employees
parking in this lot - only those who have to come and go all day -
and he felt Council should address this situation shortly. Ms .
Olinger said the Town waits until it is too late before they do
something about such situations. What will the people do 10 years
from now? It is hard to keep a business downtown now. She was in
favor of a parking garage, even though it would cost a lot of money.
Mr. Herrell said the obligation of the Town is to see that these
parking lots are making money. Ms . Olinger felt her money is as
good as anyone else ' s, she ' s putting money in the meters every day.
Mr. Herrell also felt it is up to the County to provide parking for
their employees. Mr. Murray had some very serious reservations about
removing all the 10-hour meters .
Mr. Frank Watkins, of 57 South King Street, asked if anything
else is being done about the needed storm drainage in that area? He
understood that Fairview will be getting theirs, but that this would
►I: " increase their problems on King Street. Mr. Niccolls said engineers
d' are currently preparing plans on the right of way - this will im-
`V prove their problems. These should be before the Council in the next
30 days . The Town has to enter into agreements with VEPCO and the
Park Authority in order to do this work. There are funds in the
1980 Budget to start construction 10 to 12 months from now on the
channel itself. The project should be completed in 1980 . . Mayor
Rollins said the Fairview work will not be completed before this
work is done, in fact, they hope it will be completed simultaneously.
Mrs . Lois Armstrong, a resident of Cornwall Street, read to
Council a letter signed by some 27 residents of the Old and His-
toric area, requesting the issuance of permits for residential
parking in this area. Most of the houses in this area have no
driveways and the residents must depend on parking on the streets .
When these spaces are empty, they are taken by workers in the ad-
jacent areas and who park there all day, thus leaving no place for
the residents to park when they return from errands, etc. It was
felt that now is a good time to give this permit parking a trial
while the Town is making permit parking for workers in the area
available in the new Vinegar Hill Parking Lot . There were some 10
to 20 residents of this area in attendance.
Mr. Stanley Caulkins , a representative of the Downtown Business
Association, said the DBA is a liaison between the business community
and the Town Council to help in solving, problems. The DBA has been
working with Mrs. Hill, who is a member of that organization , as
well as a Council member, to try to reach a workable solution to the
parking problem. The proposed recommendation is the general feel-
ing of those who regularly attend the DBA meetings . He felt it will
soon be time to start making arrangements to convert the rest of the
old Bryant property into additional parking. You cannot stymie or
expect a business community to grow without providing some place
for the cars - we must continue the search for additional parking.
He invited Ms. Olinger and others to join the DBA. Mr. Murray asked
if the business community has ever discussed the idea of coming up
with some additional capital to provide additional parking? Mr.
Caulkins said they have had representatives from Winchester come
to a meeting and discuss their mall and parking garage - they have
discussed the double-decking of either this lot or the Vinegar
Hill lot and the possibility of private enterprise building a garage
and running it, but this would take the revenues from the town.
A garage would be at least $5, 000 , 000 and obviously the business
community could not do this alone. The DBA did demonstrate good
faith by putting up the escrow down payment for the Vinegar Hill lot .
There is no other open space other than the Firemen ' s-Field or the
school yard lot . Mr. Murray felt that, if there is no open space,
what will generate additional parking in the downtown area? He felt
they should be talking about some alternatives. Those people who have
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MINUTES OF MAY 23 , 1979 MEETING . 356
businesses in the outlying shopping areas provide parking at a pre-
mium price - their tax bills are based on this . When it snows, they
clean it themselves. They generate the same sales tax as those down-
town. Those downtown don ' t want to put up any money - they want the
Town to build or develop parking space. When the Vinegar Hill lot
is sold out, then that money should be spent to increase parking.
He said he would be the last to vote for the taxpayers to put up
more money until that lot has proven itself. He was not convinced
that any appreciable amount of extra parking will be needed in 10
years. Mr. Herrell felt Mr. Murray is wrong - if we don 't need
more parking, then why are we building a $5, 000 , 000 water plant?
Mr. Caulkins said the most heard complaint is about parking in down-
town Leesburg. Mr. Murray felt they should create a Parking Authority.
Mr. Caulkins again emphasized that the DBA wants the Town to know they
are working with the Council .
Three residents of Wildman Street, Mrs . Theodore Leland, Mr.
James Petrucelli and Mr. Jerry Tierney, requested the status of a
reply to a letter from the residents of Wildman Street concerning
increased traffic because of the Little League softball field on
the Paxton Home property. Mayor Rollins said this is the first
meeting of Council since the letter was received. He advised
O them that the Board of Supervisors would have no control over this
cn matter, Wildman is a town-owned street. Mr. Niccolls advised that
O the gate is owned by the Town - it was probably put in many years ago
for access to the town ' s well . However, we do not control that gate -
C the owner of the land is Paxton Home. Mr. Petrucelli said Paxton
does not want the Little League to use their access off of Route 15,
in fact, one of the conditions of allowing use of the softball field
was that the gate off of Wildman Street be used. Mr. Herrell said
this is not really a dead-end street because Paxton owns the land
at the end of it. They may some day liquidate some of this land -
someone could build on it and the street would be extended. If
there is a speed problem, then the Police should take care of this -
perhaps speed limit signs should be erected. This is a public street
and anyone can use it. Mr. Tierney complained that none of the resi-
dents were contacted about the ball field. Mrs. Leland said there is
a "Dead End" sign at Wildman and North and that is one reason why a
lot of people bought on this street. Mr. Tolbert noted that their
letter said the Paxton Home Board had denied their request to meet
with them. Mrs . Tierney said she has talked with Rev. Buchanan, Mr.
Rogers Fred and Mr. Huntington Harris and they feel the problem is
with the Town, not with the Home. The Little League feels that if
they go to the Paxton Home, they will close down the field. Mr.
Murray felt there should be a meeting with a representative from
Wildman Street, one from the Little League and someone from the Town
with Mr. Buchanan regarding this problem. Perhaps Paxton would let
them come in through their entrance from Route 15 and they could exit
from Wildman Street. Mayor Rollins felt the Town could close the
street off and stop it, but what is a second alternative? Mr.
Tierney said they do not want to do this - one of their concerns
is that they were not consulted concerning this access to the field.
Mr. Niccolls said the Town was advised that it would be opened up and
a representative of the Little League called and said Paxton Home was
allowing this. The Town ' s agreement with Paxton Home requires the
Town to keep the gate closed when we are using the well . The original
agreement allowed us to use the Route 15 entrance until Wildman Street
was opened. Wehave no authority or control over the access - we are
a tenant of Paxton Home just as the Little League is . Paxton owns
the driveway and other property abutting the street. They are like
any other property owner and he didn' t see how we can tell them how
I to use their property. Mrs. Tierney said none of them want to deny
the children the use of the field. Mr. Hill felt there should be some
pressure on the Little League people themselves - they have created
the problem. Mrs. Tierney had talked with them and they were advised
that they would be coming before Council tonight. Mrs. Hill suggested
a 15 mph sign. Mr. Niccolls said 25 is not an unsafe speed. The
most effective way to slow them down is to post an officer there from
time to time. Mayor Rollins asked that Mr. Niccolls contact Mr.
Huntington Harris and invite him to the next Public Works committee
meeting. Perhaps we can impose upon him to get access from Route 15.
If not, someone else from the Paxton Home. He suggested perhaps a
member of their group from Wildman Street. He also asked that the
Police patrol this street as frequently as possible.
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XXX
MINUTES OF MAY 23, 1979 MEETING. 357
Mrs. Armstrong asked if any consideration or thought has been
given to a paid parking ticket at a nominal fee for those people
living on side streets - they would be happy to do this .
MANAGER' S REPORT:
(1) The Evergreen Mill wells will be tested on schedule prior
to June 1 and will be available to the Town ' s system within a week
after that. There are several items that need to be completed, in-
cluding brick work on the building and installation of some special-
ized control devices . The wells will be operational and the chlori-
nation and fluoride facilities will be operable.
(2) The Street Department has begun sidewalk, curb and gutter
repairs. They began on S. King Street because this street is
scheduled to be repaved this spring. Further work will be done
on this activity over the next two months or so.
(3) The bid date on the Potomac River project has been moved
up to June 27th. The General Assembly amended the "error in bidding"
statute, so we don ' t have to hold the bids three days, just for 24
hours.
11: COUNCILMEMBER COMMENTS AND INQUIRIES :
It
N Mr. Tolbert recommended that Council give the town employees
a vote of confidence for the work they are doing. He felt they
should "look at both sides of the coin, " give credit when it is
due and criticize when necessary . Both Mr. Hill and -Mr. Murray
agreed.
PROPOSED ORDINANCE REVISING PARKING METER TIME LIMITS FOR THE
MARKET STREET MUNICIPAL PARKING LOT AND ESTABLISHING PERMIT
PARKING ONLY FOR THE VINEGAR HILL PARKING LOT.
On motion of Mr. Herrell, seconded by Mr. Tolbert, an ordinance
' revising parking meter time limits for the Market Street Municipal
Parking Lot and establishing permit parking only for the :Vinegar
Hill Parking Lot was proposed . Mr. Murray had reservations about not
keeping some of the 10-hour parking meters . He felt we have an ob-
ligation to anyone who comes into town. We don ' t have one for the
employees of the County, but we do for those who have business with
the County - certainly these people should not be restricted by a
three-month parking permit at Vinegar Hill . The east side of South
King Street between the VEPCO right-of-way and Royal Street is one
of the most dangerous places in Leesburg - he hoped we would keep
this in mind as an option. Mr. Herrell agreed with this - he
would like to see perhaps 10 spaces left for 10-hour parking.
Mrs . Hill asked if we have any spaces for handicapped parking?
Mr. Herrell felt perhaps there should be 5 to 7 spaces for this
purpose. Mr. Murray said adverse' comments are that we--.are tak-
ing the 10-hour spaces away in order to force the Vinegar Hill
parking lot. He felt we might leave some of these 10-hour spaces
until any remaining spaces are metered on the Vinegar Hill lot.
Mayor Rollins said this parking lot is owned by all of the people
in Leesburg and he is not sure it is in the best interest to ex-
clude these people from parking there all day if they want to. He
felt we must balance the equities of all the people. Mr. Tolbert
asked why we have to change the system at all?
On motion of Mr. Murray, seconded by Mr. Hill, it was proposed
to amend paragraph (4) of the ordinance to read :
(4) Municipal parking area between Wirt Street, King
Street, Loudoun Street and Market Street for three-
hour parking, except spaces designated for permit-
only parking and such spaces as designated for 10-
hour meters.
Mr. Herrell felt some direction should be given to, the Manager to-
night. Mr. Niccolls was concerned about removing too much of, the
10-hour parking also. He said about 25 of these spaces are being
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MINUTES OF MAY 23, 1979 MEETING. 358
used by people formerly using the Times-Mirror lot. .Roughly 50
spaces are being created at Vinegar Hill , but the discussion to-
night indicates removing clo:;e to 100 10-hour spaces. It costs
$6 . 23 per meter to make these changes . There would be close to
150 meters to be changed. He suggested that we might phase down
the reduction of 10-hour spaces and see what happens, rather than
doing it all at one time. There was discussion concerning leaving
the two-hour meters, rather than changing them to three-hour ones .
It was pointed out that the DBA feels the three-hour meters would
be a great help. Mayor Rollins felt that, if some of the 10-hour
meters are to be left, they should be specifically designated.
On motion of Mayor Rollins, seconded by Mrs. Hill , Council
voted by unanimous roll call vote to refer this ordinance back to
the Finance and Administration Committee so that they can, with
particularity, designate where these 10-hour meters will be and
how many there should be:
Aye : Councilmembers Cole, Herrell , D. Hill, M. Hill , Murray,
Tolbert and Mayor Rollins .
Nay: None.
O PROPOSED RESOLUTION CONSENTING TO PARKING REGULATIONS FOR SECTIONS
OF EAST LOUDOUN STREET AND SOUTH HARRISON STREET.
CC
On motion of Mrs. Hill , seconded by Mr. Herrell , a resolution
C consenting to parking regulations for sections of East Loudoun Street
and South Harrison Street was proposed. Mr. Niccolls explained just
where this would be. Mrs. Hill and Mr. Herrell said the committee
felt this should be metered to limit it to 2-hour parking. Mayor
Rollins felt meters were unnecessary in these locations, a sign could
be posted and the tires could be marked. Mr. Hill was in agreement
with limiting parking on Harrison Street between Market and Loudoun
Streets , but he felt there should be no parking at all between Loud-
oun and Royal Streets. On motion of Mayor Rollins, seconded by Mr.
Herrell, Council voted unanimously to re-refer this resolution back
to the Finance and Administration Committee:
Aye : Councilmembers Cole, Herrell, D. Hill , M. Hill, Murray,
Tolbert and Mayor Rollins.
Nay: None.
79-77 - RESOLUTION - ESTABLISHING A TEMPORARY RESIDENTIAL PERMIT
PARKING PROGRAM.
On motion of Mrs . Hill, seconded by Mr. Tolbert, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I . (a) No person shall park a vehicle for more
than two hours at the same location, except as otherwise
provided herein, on any street designated by the Council
for residents ' permit parking between the hours of 10 : 00
A.M. and 3 : 00 P.M. , Monday through Friday.
(b) The provisions of paragraph (a) above do
not apply to medical, service or delivery vehicles when
used to provide services or deliveries to dwellings on
streets designated for residents ' permit parking.
(c) The provisions of paragraph (a) above
do not apply to vehicles displaying a valid parking permit.
(d) The penalty for violation of this reso-
lution shall be as set out in Sections 10-161 and 10-162
of the Town Code, as amended.
SECTION II . The manager shall post appropriate signs on
those streets designated for residents ' permit parking.
X) XXX XX
MINUTES OF MAY 23 , 1979 MEETING. 359
SECTION III . (a) Application for annual residents ' parking
permits shall be filed with the finance department on forms
provided for that purpose and accompanied by a fee of $8 . 00
for each permit. Permits shall be valid for a period of one
year and may be renewed for additional one year terms upon
payment of $8 . 00 . Permits shall be displayed on the rear
window of the vehicle for which it has been issued. Permits
shall be issued only to persons whose dwellings are on lots
abutting streets designated for residents ' permit parking.
(b) The Finance Director shall issue temporary
' parking permits without charge which shall be valid for up
to 30 days for use by visitors to dwellings on streets desig-
nated for residents ' permit parking.
SECTION IV. Cornwall Street between Wirt Street and King
Street is designated for residents ' permit parking only for
a period of three months from the date "residents ' permit
parking only" signs are installed and permits are available
for sale. The permit fee established in Section III herein
shall be prorated to $2 . 00 .
0 On motion of Mrs . Hill, seconded by Mr. Hill, it was proposed to
amend Section IV to read "Cornwall Street from Liberty Street and
Slack Lane" . Col . Michael Grenata, a resident of 33 West Cornwall
Q Street, requested that North Liberty Street from West Cornwall to
Market Street be included in this test area. Mrs. Hill explained
that Cornwall Street has been selected as a test area for a 90-day
period. Mr. Herrell said the cars will just move over to another
street, thus setting a precedent, and everyone else that does not
have a driveway will want the same thing. He felt this would be
letting themselves in "for a real bag of worms . " There followed
extensive discussion on the problems that this might create. Mr.
Murray said he is going to vote for this, but with the full knowl-
edge that Council will be receiving more and more requests, and he
will not continue to approve more streets. The amendment to Sec-
, tion IV was approved by a vote of 4 to 3 :
Aye : Councilmembers Cole, D. Hill, M. Hill and Murray.
Nay: Councilmembers ,Herrell, Tolbert and Mayor Rollins.
roll call
The resolution, as amended, was then adopted by a vote of 5 to 2 ,
with Section IV reading as follows :
SECTION IV. Cornwall Street between Liberty Street and
Slack Lane is designated for residents ' permit parking only
for a period of three months from the date "residents ' per-
mit parking only" signs are installed and permits are avail-
able for sale. The permit fee established in Section III
herein shall be prorated to $2 . 00 .
Aye : Councilmembers Cole, D. Hill , M. Hill, Murray and
Tolbert.
Nay : Councilmember Herrell and Mayor Rollins.
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79-78 - RESOLUTION - APPROVING A TENTATIVE BUDGET AND TAX RATE FOR
THE FISCAL YEAR ENDING JUNE 30 , 1980 AND SETTING
A PUBLIC HEARING ON THE BUDGET.
On motion of Mr. Tolbert, seconded by Mr. Cole, the following
resolution was proposed:
' WHEREAS , the manager on April 2 , 1978 submitted a proposed
budget for the Town of Leesburg for the fiscal year ending
June 30 , 1980 ; and
WHEREAS, the Council has reviewed the proposed budget and
made certain revisions; and
WHEREAS, Section 15 . 1-162 of the Code of Virginia requires
a hearing on the proposed budget and tax rate following pub-
lic notice:
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
MINUTESOF MAY 23 , 1979 MEETING. 360
SECTION I. A tentative budget and tax rate for the fiscal
year ending June 30, 1980 , as set out in the draft "Public
Notice and Summary of the Proposed 1980 Budget" , dated May
18, 1979 and filed with the Clerk of Council is approved.
SECTION II . A public hearing on the proposed budget and
tax rate for the fiscal year ending June 30, 1980 shall be
held on June 13, 1979 at 7 : 30 P .M. in the Council Chambers.
SECTION III. The notice of public hearing and summary of
the proposed 1980 budget shall be published in the Loudoun
Times-Mirror on May 31, 1979 .
Mayor Rollins called attention to a change on Page E-16 of the Bud-
get where the amount should have been changed to $5, 000 for Shop
Improvements. Mr. Niccolls said this can be taken care of by amend-
ment when the Budget is adopted or it can be taken care of now. The
resolution was unanimously adopted :
Aye: Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay: None.
79-79 - RESOLUTION - AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES
FOR DESIGN OF 1979 ADAP IMPROVEMENTS TO LEES-
BURG MUNICIPAL AIRPORT AND MAKING AN APPROPRIA-
TION THEREFOR.
On motion of Mrs . Hill , seconded by Mr. Murray, the following
resolution was proposed and unanimously adopted:
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 Dewberry, Nealon and Davis of Fairfax,
Virginia, for engineering design and resident inspection
(as required) services for the 1979 Airport Development Aid
Program improvements to Leesburg Municipal Airport in line
with that firm' s proposal No. 3616 , dated May 8 , 1979 , at a
lump sum cost for basic services of $16 , 400 and resident in-
spection services at a rate of $21 . 25 per hour, not to ex-
ceed $11, 900.
SECTION II . An appropriation is made from the Airport Fund
to Account No. 30000 . 801 in the amount of $28 , 300 for the
fiscal year ending June 30 , 1980 .
Aye : Councilmembers Cole, Herrell , D. Hill , M. Hill , Murray,
Tolbert and Mayor Rollins.
Nay: None .
79-80 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH THE LOUDOUN TIMES
PUBLISHING COMPANY FOR STORM SEWER ENCROACHMENT.
On motion of Mr. Murray, seconded by Mr. Cole, the following
resolution was proposed:
WHEREAS, the Loudoun Times Publishing Company, Inc . , 9 East
Market Street, proposes to construct on their property a
foundation wall and building which will intrude into an
existing storm sewer easement granted to the town; and
WHEREAS, the presence of the foundation wall and building
may impede the required maintenance replacement or use of
the storm sewer; and
WHEREAS,, it is the desire of the parties to provide for the
payment of the cost of said maintenance and/or replacement
or use of the storm sewer :
NOW, THEREFORE, the mayor is authorized to enter into an
agreement with the Loudoun Times Publishing Company which
36
MINUTES OF MAY 23, 1979 MEETING.
allows for the encroachment and provides for compensation
to the town for any additional costs related to the en-
croachment and holds the town harmless from any liability
or claim as a result of this encroachment. The town attor-
ney is to review and approve this agreement prior to execu-
tion.
Mr. Hill was concerned that this might be a repeat of the Hirst
situation and he certainly would not want that. He asked if this
extends to another owner? Mr. Niccolls said it does . The agree-
ment has been executed and returned to us today - it is to be a
recordable instrument. It is 1 to 11 feet from the storm sewer
for the footer and Mr. Shope has required the owner to construct
the foundation wall in such a way that it will be self-supporting
in the event excavation occurs on our side of the wall . Equip-
ment could get into it readily, but not as readily as an open field.
There is no restriction though - that ' s the purpose of the cost ele-
ment - if the line had to be replaced, it would be a simple matter
to determine the added cost for work through that area. These
costs would be assessed against the property owner at that time.
Mr. Hill asked Mr. Martin if he sees any legal problem that could
develop in the future? Mr. Martin said he went over the agreement
and made some revisions, and he could see no problems . He did not
think he would be happy with this though. Mr. Hill could see some
problems with it. The resolution was adopted by a vote of 6 to 1 :
Aye : Councilmembers Cole, Herrell, M. Hill , Murray, Tolbert
and Mayor Rollins .
4..^ Nay: Councilmember D. Hill .
79-81 - RESOLUTION - MAKING AN APPROPRIATION FOR THE FISCAL YEAR
ENDING JUNE 30, 1979 .
On motion of Mrs. Hill, seconded by Mr. Herrell , the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
An appropriation is made from the General Fund to Account
No. 10210 . 202 , Maintenance of Buildings , in the amount of
$360 . 00 for the fiscal year ending June 30, 1979 .
Mrs. Hill explained that this was for carpet cleaning in the Town
Office. The resolution was unanimously adopted:
Aye : Councilmembers Cole , Herrell, D. Hill , M. Hill , Murray,
Tolbert and Mayor Rollins .
Nay : None .
Mr. Hill was concerned that there has been no meeting yet con-
cerning a decision to be made before meeting with the State Water
Control Board concerning limits for our sewage treatment plant.
He felt such a meeting should be held post-haste with our engineers
to receive some guidance on this matter. Mr. Niccolls said he met
with Mr. DeFalco Monday and he presented cost estimates for the
various alternatives . There will be paper work on the Public Works
Agenda for Tuesday ' s meeting and there can be discussion at that
time. Mr. DeFalco can be there if Council would like. Mayor Rol-
lins felt the question is what standards will have to be met. Mr.
Niccolls said Mr. DeFalco has given costs for seven different stand-
ards and he felt they have done a good job. Mr. Hill felt there are
some other bases to be touched as well and he felt it would be wise
to have the engineers present for the meeting Tuesday night.
Mrs. Hill asked that the location of Community Development
activities be given in the Activity Report.
On motion of Mr . Tolbert, seconded by Mr. Cole, Council voted
unanimously to adjourn the meeting at 9 : 40 P.M.
— / //1.1 � Mayor
Clerk of th= Council