HomeMy Public PortalAbout1979_06_13 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL; PUBLIC
HEARINGS ON 1979-1980 BUDGET AND TAX LEVY AND FLEMMING REZONING", _ 1
JUNE 13, 1979 .
A regular meeting of the Leesburg Town Council was held in
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia,
on June 13 , 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 Mr. Hill . Present were:
Mayor Kenneth B. Rollins, Councilmembers Glen P . Cole, Stanley D.
Herrell, Jr. , G. Deny Hill , Jr. , Marylou Hill, Walter F . Murray
and John W. Tolbert/; 'also Assistant Town Manager Jeffrey H. Minor
and- Town Attorney George M. Martin.
The minutes of the regular meeting of May 23, 1979 were ap-
proved as written.
PUBLIC HEARING ON 1979-80 BUDGET AND TAX LEVY:
Mayor Rollins invited comments on the 1979-80 budget and tax
levy which have been tentatively approved by Council . Since there
was no-one to speak on this matter, Mayor Rollins declared the hear-
ing closed.
CD PUBLIC HEARING ON APPLICATION #ZM-25 - REZONING OF A PORTION OF
CO PROPERTY OWNED BY FREDERICK F. FLEMMING, ET UX..FROM R-1 TO MC.
(V Mrs . Hill explained that the Planning Commission recommends
W this unanimously, however, it was noted that ingress and egress
CX _ to this property was not to their liking. It was recommended that
CX some other ingress and egress be secured.
Mr. Frederick Flemming, the applicant, said this land speci-
fically in question is behind his residence some 200 feet off of
Morven Park Road and just to the south of the new nursing home.
This property is within the Comprehensive, Master Plan as proposed
for medical zoning. He introduced Dr. David Miller, spokesman for
the group of doctors interested in erecting a building on this land
to be used for doctors ' offices.
Dr . David Miller said they are requesting rezoning of the east-
ern portion of this property from R-1 to MC. This is in accord with
the Comprehensive Plan for Leesburg. They intend to erect a build-
ing on this site - a medical-dental building for their own use and
for other owner-occupants - physicians and dentists . This is pro-
posed to be a 12 , 000 square foot building, with seven to nine park-
ing spaces per square feet of usable space. They plan to land-
scape the grounds in an attractive manner. They have adequate pro-
vision for sewer, storm sewer, water and utility connections. They
have arranged for foot access from the building to the Hospital .
Vehicular access would be from Morven Park Road, with the hope of
obtaining vehicular access through the property that has already
been zoned "MC" . There have been four official meetings with the
Hospital Board, as well as private conversations with individual
Board members, trying to obtain access through their property. So
far this has been unsuccessful, but they are continuing these ef-
forts. They have the written support of three of their contiguous
neighbors and no apparent opposition from the others . Mayor Rollins
asked Dr. Miller to assess the possibility of obtaining access from
the property to the Hospital . Dr. Miller said the prospects were
dim when they were asking for water and sewer connections and for
foot access, but the Hospital has allowed all of these . However,
it is risky to project whether or not they might change their minds
on vehicular access. Mayor Rollins asked if the utility lines are
not all dedicated to the town? He felt that they were and could not
understand how the Hospital could refuse them. Dr. Miller said the
initial refusal was based on the size and capacity of the lines,
without knowing what their effluent would be. The Hospital plans
to increase construction on the west side of their property and
the effluent from that and their proposed -building might be the
capacity of the line. Mr. Hill also felt these lines were dedicated
to the town. They were put in seven or eight years ago and he was
sure they were sized for that watershed. They probably would have
to come down over hospital property to hook into the line and that,
in turn, would have to be dedicated to the Town. If the hospital is
is not willing to do this , the town could get the easement for the
connection. Mr. Herrell asked where they plan to come out on Morven
MINUTES OF JUNE 13, 1979 MEETING.
2 Park Road? Dr. Miller said there are two possibilities . One would
be to come out through the parking lot of the nursing home; the
other would be to come out through a portion of Mr. Flemming ' s
property. He asked if the nursing home would be agreeable to this?
Dr. Kenneth Joslyn, said they have problems with giving them
a permanent easement because they are HUD financed. This has been
explored and is probably not possible, however, they are interested
in having them as neighbors. This is why they have arranged for a
"fall-back access" . He said there is an 8-inch sewer line just west
of the hospital , which comes under the small parking lot and turns
immediately ' at the road, then crosses in front of the hospital and
connects in with their main lines . He, too, said theywere led to
believe that these lines were controlled by the hospital . Mayor
Rollins said the only control they would have would be in getting
to the lines. Dr. Joslyn said they were conservative about let-
ting them do anything across that land in the initial discussion.
There are a number of people interested in seeing things open up
on that side, some of them hospital board members, but that .is not
the whole Board. You can 't build a building on access and they can ' t
guarantee they will have it. This is why there are other alterna-
tives.
Dr. Stephen Napolitano said he discussed today with Mr. Larson
and Mr. Harris the possibility of reconsideration of vehicular ac-
cess through the hospital drive. It is their feeling that the
problem with granting it at this time is that it compromises their
future plans for that space. They have no master plan. They are
involved at this time in building a new nursing home and the re-
construction of the old hospital into a psychiatric facility. Per-
haps after they develop a master plan they would be willingon-
sider this further and perhaps act positively if it does not inter-
fere with that master plan. They both indicated their willingness
to reconsider vehicular access across Memorial Drive.
Mayor Rollins declared the public hearing closed and referred
this matter to the Finance and Administration Committee, with Counci
to act at its next session on June 27th.
PETITIONERS:
•
Mr. William J. McDonald presented to Council a Petition con-
taining some 400 names on behalf of certain residents of the com-
munity who are opposed to the West Market Street project - the
widening and flattening out of West Market Street and the creation
of one-way traffic through certain areas of town. This is a friendly
petition, not one of protest or demand, but an expression of resi-
dents who do not think this project is quite right for their neigh-
borhood or for the town. It cites certain reasons they feel the
project is ill-advised. It was pointed out at the committee meet-
ing that the project would cost somewhere around $400, 000, but the
town should not be too concerned about this because the State would
pay all but approximately $50 , 000 of it. This is not a realistic
approach - for every street widening, etc. in Leesburg, there is
one in another community too. Sooner or later, directly or indi-
rectly, the people of Leesburg and Loudoun County will pay the bulk
of this project. This was the one compelling reason for everybody
signing this petition. They felt it was "a waste of money. " A
second reason pointed out at the committee meeting was that it is
a matter of safety. One council member said "We have to get those
bumps out of Market Street. " Mr. McDonald said he has lived with
these "bumps" for the last seven years and they are not the cause
of the few accidents that occur in this area. The cause is ex-
cessive speed and drivers not paying attention to what they are
doing. He cited a "near" accident he witnessed recently where
nobody was coming over the bump. They, therefore, discount safety
as a factoiin that area. They feel very strongly that they do not
want the character of the neighborhood changed by widening and
the destruction of trees . They do acknowledge that there are prob-
lems at the juncture of Loudoun and West Market .Streets . A resi-
dent of the neighborhood who could not be present, Mr. Ed Reeves,
a civil engineer and an expert on safety of atomic energy plans ,
has developed a simple plan for handling traffic at this juncture.
He has proposed a small traffic circle (a copy of this plan was
presented for each member of Council) . They have checked with the
Fire Department and have been assured that this circle would ac-
MINUTES OF JUNE 13, 1979 MEETING.
commodate their largest piece of equipment. It would come, pri- 3
marily, from land that has already been dedicated to the town by
George Babson and from land to the west and north of the intersec-
tion which is not developed. A circle would serve to enhance that
end of town, it would serve as a traffic control, it would remove
a dangerous intersection from the community and would solve the
problem of large trucks speeding through town. He asked that
Council either abandon the existing plan or redirect it so it
will not destroy a neighborhood.
Mrs. Anna Berkebile, speaking as a citizen of Leesburg and not
as a representative of Peoples National Bank, presented a Petition
containing 139 names protesting Council ' s proposed .removal o1 all
but 25 10-hour meters from the municipal parking lot. The Peti-
tion stated that the Finance Committee, in an unexpected and un-
announced session held on May 29 , 1979 , made this decision. It
asked that Council consider the following facts : (1) the action
of the Committee is discriminatory to the business and professional
community and favors the retail community; (2) as taxpayers, they
demand the right of a free choice of metered or permit parking
space conveniently located to their place of business which will
allow them to park for a normal business day - they are willing to
CO pay for this privilege as they have been doing; (3) considering that
CO all men are equal under our Constitution, they insist that no fa-
CU voritism be made with space reserved for anyone and that all users
of both town parking lots be treated equally. Mr. Herrell felt
W that "the business and professional community" includes all busi-
Q nesses downtown, and that they would be more interested in where
a their customers are going to park . Mrs . Berkebile asked if there
will be anyone to serve if there are no employees? Mr. Herrell
said the customers will go elsewhere where there is parking avail-
able - so this is the reverse. Mr. Murray said of the names signed
on this Petition 65 of them are residents outside the Town of Lees-
burg.
Mrs . Marie Householder, also speaking as a citizen, said she
is very upset. After last Council meeting they were told they
could appear before the Finance and Administration Committee. That
meeting date was changed, so they could not present their views.
Therefore, they are bringing it to the full Council . She felt that
safety would be an important factor when winter comes if they are
forced to park where they do not want to and have to walk to get
to work. There are areas that are not well lighted and not safe
for walking after dark. This is not their responsibility and they
should not be forced to park where they do not want to. There is
also the problem of parking for "handicapped" persons . Not all of
these people need a wheel chair - they may be incapacitated in
some way or have physical problems, but they are capable of work-
ing a 40-hour week, but they are not capable of walking the 3. 5
miles (or 580 feet) from Vinegar Hill parking lot . Most of these
people do not wish to admit that they are handicapped and ask for
special treatment - they would rather quit. This , then, is not
their responsibility. If she should not feel well on arising,
she might stay home rather than come to work because she would have
to walk that distance - therefore, her employer would suffer . She
would not walk that distance in sub-zero weather. It has been
pointed out that cleaning the sidewalks of ice and snow is not the
responsibility of the town, it is the owner or merchant ' s . They
might be lucky to get the ice off by spring. Whose responsibility
is it if they are forced to walk on these sidewalks? She agreed
that the DBA needs parking for their customers , but they who work
downtown need it also. They should realize that the downtown em-
ployees shop downtown too. The employees downtown should have a
right to park where, when and how long they please. She agreed
with the permit parking for Cornwall Street. There are 79 spaces
in the Vinegar Hill lot . Twenty-five from the 88 in the municipal
lot leaves 63; 40 spaces have been rented in Vinegar Hill, leaving
30 odd spaces. The people coming off of Cornwall Street have to go
some place and the "domino" effect mentioned earlier will happen
immediately. What about employees who work only two days a week?
Would they be expected to pay quarterly at Vinegar Hill? She em-
phasized that these are her opinions only.
MINUTES OF JUNE 13, 1979 MEETING.
4
There was some confusion as to the regular meeting night for
the Finance Committee that particular week, however, it was pointed
out that there was a holiday that week, which threw the meeting
nights off schedule. Mr. Herrell said he was not aware that they
had planned to speak before the Committee. He said he could under-
stand the need for some handicapped spaces, but there are over 100
names on the Petition and there are not that many 1.0-hour spaces in
the municipal lot. Mrs. Householder said these people are from Corn-
wall Street, Liberty Street and Wirt Street. Mr. Herrell said this
is what will have the "domino" effect . He also felt that the busi-
ness community has a certain responsibility to. their employees.
For example, if the Bank has handicapped employees, these people
should park in the available spaces nearest the Bank and those
able to do so can park farther away and walk. Mrs . Householder
said that all their bank officers park and walk. She feelsthat
they have a right to more than 25 spaces in the municipal lot. Mr.
Herrell again said there are not enough spaces for all these people
that signed the Petition. Mrs. Householder said some of them are
sympathetic to those who do park there - the others are the people
who park on Cornwall - they have to go somewhere and they, in turn,
expect to be sympathetic to them. She said she has checked and the
lowest number on any given day was 28, with the highest being 35 .
These are people that are not paying now, but are willing to pay in
order to have a place to park. Mr. Herrell said Council has to make
of this parking lot what they want - is it to be an all-day lot
or one to keep the downtown area viable. If they can ' t park, they
are not going to walk either. Mrs. Householder asked if they could
afford to discriminate between the business people and the retail
businesses? Mr. Herrell said you have to have customers as well as
employees. Mr. Hill said he checked with Chief Kidwell and he veri-
fied that there are 32 people who park regularly , so the proposed
resolution accommodates 80 percent, which is a pretty good average
and a pretty good compromise. In any government, you have to compro-
mise, and he feels this has been done . He also pointed out that,
what is not taken up in the Vinegar Hill lot by July 1, will become
metered parking. Mrs. Householder said some of the names on the Pe-
tition own businesses and do pay taxes to Leesburg, while others
do not . Mr. Murray felt they have compromised and that the dis-
tance from the Vinegar Hill parking lot is not that far.
Mrs. Joan Frye, not a resident of Leesburg, but an employee in
the Town, read a prepared statement. She said the removal of all-
day parking is discriminatory to the professional industry in that
it does not allow the same freedom of choice as to where one may
park as it does to the retail community. People who work in the
downtown area have a right to the use of the present facility, as
do those who shop there. The 2-hour meters on the lot should pro-
vide adequate parking for the downtown area, not to mention the
on-street meters in the area. The Town has already deprived the
working public of one side of Cornwall Street and will be issuing
residential permit parking permits for the other side. It seems
that the Council and the DBA wish to punish those working in the
downtown area. She did not feel she should be forced to pay an
exorbitant fee in advance for the privilege of parking in a dimly
lit , poorly maintained and generally out of the way area. Park-
ing has been a problem in Leesburg for some time, but the profes-
sional community should2B discriminated against. Business and.
professional people pay a substantial business license fee, as well
as personal property taxes . These , .-in' turn, . generate business in
the downtown area. Why not let things alone - they are in a big
enough mess as it is - why not "First come, first serve?" . She
asked that Council give the statements made a fair appraisal with-
out already having made up their minds .
Mr. Norman Myers, President of the Downtown Business Associa-
tion, said they appreciate and value the opinions of the office
workers and clerical personnel in town. They just learned of their
displeasure over the removal of these meters. Their intentions were
publicized almost a year ago in the Times-Mirror. It is their wish
to keep this lot as free as possible for the higher turnover people.
He felt there is a solution and invited these people to join the DBA.
and give their input to the situation. They feel adamant that the
Vinegar Hill lot is accessible to at least half of the town, with
perhaps the exception of handicapped persons . More parking lots
MINUTES OF JUNE 13, 1979 MEETING. 5
XX
are necessary for the other half of the town and their next pro-
posal would be behind the Peoples Bank area. They have several
other sites in mind and have also baked about double-decking this
lot. He said DBA resolved, at its meeting last night, to ask that
representatives of this protesting group join them in their decision
making process in setting up more parking areas in town. In the mean-
time, they offered some alternatives. They found that Mr. Wilhoit
will have about 35 spaces for rent (on the former Car Wash property
on Loudoun Street) . White ' s would be willing to offer six spaces at
$15. 00 per month. This would make 40 additional spaces in addition
to Vinegar Hill . They would go along with the town and these people
in connection with spaces for handicapped people. They do still
endorse Council ' s plan to leave 25 10-hour spaces. They ask that
the plans and trends of this lot and the Vinegar Hill lot come up
for review again in three months . They will furnish a list of ad-
ditional spaces available for those people being displaced and they
will continue their efforts to encourage more parking areas in town,
but they still strongly support the center areas for 3-hour parking.
They would like to see some 10-hour meters on the Vinegar Hill lot
for those who do not woik full time . They commended the town for
its efficient snow removal efforts last winter.
Q) Mr. Richard Thomas, a Leesburg resident, but who does not work
CO in Leesburg, felt that three hours is not long enough for people to
N shop in Leesburg. If he had to go out after three hours to put more
W money in the meter, he would go somewhere else to shop. He thought
Q doing away with the 10-hour meters would be driving these shoppers
away who help keep Leesburg alive . He urged every business in Lees-
Q burg to reconsider what is going on in this parking lot and sug-
gested that they change the meters from 3 hours to 6 hours.
MANAGER' S REPORT:
The following was reported by Assistant Manager Jeff Minor :
(1) Mary Barnes has been hired as Secretary-Receptionist to
replace Esther Collins who resigned. Also, two more employees have
been hired for the CETA sidewalk program. We now have three la-
borers and a supervisor and they are all working together today for
the first time.
(2) The Evergreen Mill wells are on line now, however, they were
taken out of service for approximately 24 hours today in order to com-
plete a series of nine fecal coliform tests required by the State
Health Department. They should be back in service late tomorrow.
COUNCILMEMBER INQUIRIES AND COMMENTS:
Mr. Hill asked if we are sure the Evergreen Mill wells will be
back in service. tomorrow? Mr. Minor said not absolutely sure, but
they feel the tests will be successful . No. 3 well is pumping about
450 gpm and No. 2 well 350 . The samples will be driven to Luray to-
. morrow. Mr. Hill said the Firemen ' s Well is out of service, so we
are back in a critical situation. He was concerned that we are not
going full speed ahead to get this well back on line. Water is a
prime need and whenever any one of the wells goes out of service,
he feels it is incumbent to get it back in service as soon as possible .
Mr. Tolbert noted that the entrance to the new parking lot is
bad - cars are dragging. Mr. Minor was aware of this and said there
is some more grading and landscaping to be done. Also, plans have not
been completed for some "force account" work on the entrance.
Mayor Rollins asked Mr. Minor if he was familiar with the holding
up of resurfacing on Loudoun Street from King to Church? He was not
familiar with this situation.
79-0-7 - ORDINANCE - ADOPTING SUBDIVISION AND .LAND DEVELOPMENT REGU-
LATIONS AND REPEALING CONFLICTING ORDINANCES .
On motion of Mrs . Hill, seconded by Mr. Tolbert, the following
ordinance was proposed:
6
� E ;XMINUTES OF JUNE 13 , 1979 MEETING.
WHEREAS , the Leesburg Planning Commission on November 2 ,
1978 conducted a public hearing on a proposed subdivision
and land development ordinance; and
WHEREAS, a public hearing was held by this Council as re-
quired by Sec. 15 . 1-431 of the Code of Virginia on May 23,
1979, at which time interested persons were invited to ap-
pear and present their views on the proposed ordinance:
THEREFORE, ORDAINED by the Council of the Town of Leesburg,
Virginia, as follows:
SECTION I. A new article, to be known as Article IV. Sub-
division and Land Development, is added to Chapter 13 of
the Town Code to read as follows :
CHAPTER 13
PLANNING AND DEVELOPMENT
(Pages 983 - 1020h on file in the office of the
Clerk of Council)
SECTION II . Sec. 13-1 of the Town Code is amended to read
as follows:
Sec. 13-1. Zoning ordinances not affected by Code.
Nothing in the Code or ordinance adopting this Code
shall affect any ordinance relating to zoning or to zon-
ing map changes and all such ordinances are hereby recog-
nized as continuing in effect to the same extent as if
set out at length in this Code except as in conflict with
this Chapter.
SECTION III. The Subdivision Ordinance of the Town of
Leesburg, Virginia, adopted August 15, 1955, as severally
amended, is repealed as to its application within the
town, provided, however, it shall remain in effect outside
the town until this ordinance is in effect.
SECTION IV. All prior ordinances in conflict with this
ordinance are repealed.
SECTION V. If any section, subsection, sentence, clause
or phrase of this ordinance is, for any reason, held by
a court of competent jurisdiction to be invalid, the de-
cision shall not affect the validity of the remaining por-
tions of the ordinance .
SECTION VI. This ordinance shall be in effect within the
Town after 12 : 01 A.M. , June 14 , 1979 and shall be in ef-
fect in the County of Loudoun within one mile from the cor-
porate limits after its approval by the Loudoun County Plan-
ning Commission and the Loudoun County Board of Supervisors,
as required by Sec. 15 . 1-467 of the Code of Virginia, or if
the County fails to notify this Council of its disapproval,
90 days after its receipt by them, whichever shall first
occur.
SECTION VII. The manager shall send a copy of this ordi-
nance to the Loudoun County Planning Commission and the
Loudoun County Board of Supervisors and give notice of the
proposed regulations applicable beyond the town limits.
Mrs. Hill said the Planning Commission recommended this unanimously.
Mr. Murray questioned the fact that this will have no jurisdiction
over subdivisions and developments outside the town until such time
as the General Assembly acts on this ordinance. Mr. Hill explained
that what is being discussed here is who is responsible for furnish-
ing the bond for streets, sidewalks, etc. in the one-mile jurisdic-
tion. Mayor Rollins asked what the major changes are? Mrs . Hill
said this straightens up the ordinance - it requires the builder to
pay for the street lights . Mayor Rollins asked if there is any change
insofar as sidewalks are concerned? He understood Mr. Carlton, who
MINUTES OF JUNE 13, 1979 MEETING.
7
viorked on this Committee, was opposed to these changes - he appar-
ently did not have a chance to make his presentation to Council .
Mrs. Hill said the Planning Commission sent this to the National
Association of Home Builders and asked for their comments . They
had only a few minor changes and thought it was pretty good. One
of those concerned landscaping. On motion of Mr. Hill, seconded
by Mr. Cole, Council voted unanimously to change the word "shall"
to "may" in Section 13-86 (b) on Page 1013_ of the ordinance :
Aye : Councilmembers Cole, Herrell , D. Hill , M. Hill, Murray,
Tolbert and Mayor Rollins.
Nay: None.
This had to do with landscaping and Mr. Hill felt trees might not be
wanted in utility strips . Sec. 13-86 (b) will now read:
" (b) Street trees and other plant materials may be planted
within public ways and places
The ordinance, as amended, was then unanimously adopted:
Aye : Councilmembers Cole, Herrell , D. Hill, M. Hill , Murray,
Q) Tolbert and Mayor Rollins.
CO Nay: None .
CU
79-0-8 - ORDINANCE - AMENDING THE ZONING MAP.
Q On motion of Mrs. Hill, seconded by Mr. Cole, the following
Q ordinance was proposed:
WHEREAS, the Planning Commission on March 1, 1979 , initi-
ated a revision of the Zoning District Map to remove the
properties of Georgiana N. and Charles E. Newton, Jr. lo-
cated at 27 East Loudoun Street and 30 South Church Street
and the property of Lois W. and Joseph A. Francis located
at 27 East Loudoun Street from the M-1 Industrial District
' to the B-2 General Business District; and
WHEREAS, the Planning Commission on April 5, 1979 , held a
public hearing on the proposed rezoning and on that date
voted unanimously to recommend approval of the proposed
rezoning by the Town Council; and
WHEREAS , this Council on May 23 , 1979 , held a public hearing
on the proposed rezoning; and
WHEREAS, the rezoning proposed by the Planning Commission in-
advertently omitted those areas of public streets abutting
the properties; and
WHEREAS, the Zoning Administrator recommended that the rear
portion of the Francis property, consisting of approxi-
mately 6 , 800 square feet, be deleted from the proposed re-
zoning:
THEREFORE, ORDAINED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I. The Leesburg Zoning Ordinance is amended to re-
vise the Zoning District Map by removing the properties of
Georgiana N. and Charles E . Newton, Jr. located at 23 East
Loudoun Street and 30 South Church Street and the northernmost
150 feet of the property of Lois W. and Joseph A. Francis
located at 27 East Loudoun Street, along with abutting public
rights of way, from the M-1 Industrial District and placing
this property in the B-2 General Business District.
SECTION II . This ordinance shall be in effect from and after
its passage .
Mrs . Hill explained that the present M-1 Industrial zoning would re-
• quire a front yard of 25 feet and a side yard equal to the height of
the building if it were replaced or an addition was made, where a
MINUTES OF JUNE 13, 1979 MEETING.
8 front yard of only one foot would be required in the B-2 district.
She added that no-one came to the Planning Commission ' s public hear-
ing, nor was anything heard from the property owners . The ordinance
was unanimously adopted:
Aye: Councilmembers Cole, Herrell, D. Hill , M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay : None.
79-0-9 - ORDINANCE - AMENDING SECTION 10-171 OF THE TOWN CODE.
On motion of Mr. Herrell , seconded by Mr. Cole, the following
ordinance was proposed:
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows :
Sec. 10-171 . Establishment of meter zones and parking
time limits therein.
Parking meter zones, with the following time limits
for lawful parking, are established as follows :
(1) West side of King Street, between Loudoun
Street and North Street, for two-hour park-
ing at any one time.
(2) East side of King Street, between VEPCO right-
of-way and 180 feet south of Royal Street, for
two-hour parking at any one time.
( 3) South side of Market Street, between Church
Street and Liberty Street, for two-hour park-
ing at any one time, except that the time limit
for lawful parking shall be 15 minutes at any
one time in front of the post office on Market
Street.
(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, four 15-minute town
office visitor spaces, and twenty-five 10-hour
meter spaces.
(5) East side of Church Street, between Edwards
Ferry Road and Cornwall Street, for two-hour
parking at any one time , except spaces reserved
for official cars of the state and town police
and county sheriff ' s department.
(6) North side of Loudoun Street, between Wirt
Street and Church Street, for two-hour park-
ing at any one time.
SECTION II . This ordinance shall be in effect upon its pas-
sage, except that the three-hour parking authorized in sub-
section (4) above shall not be effective until the installa-
tion of appropriate parking meters.
Mr. Murray said he would like to see the meters referred to in sub-
paragraph (2) removed when it is possible to do so - this is a dan-
gerous situation. He felt that some of the objections raised to
this proposal are valid - spaces for the handicapped would be one.
DBA' s suggestion that vacant space in other locations be utilized
for permit parking would be great. Perhaps those working at Peoples
Bank might park their cars at Virginia Village, where there is plenty
of space, and one person drive from there , with parking provided in
the Peoples parking area - there are all kinds of ways. These meters
will not be disposed of - if it is found there is a greater need for
long-term parking they can be put back . After the added space at
Vinegar Hill is utilized and we see how many people from the Cornwall
Street area are going to need places to park then it can be reassessed.
He would like to see it "shake down" before any commitments are made -
give it a trial period. Mr. Cole said that the parking under sub-
MINUTES OF JUNE 13 , 1979 MEETING.
paragraph (2) has been discussed. Mr. Minor said this is new lan- 9
guage and basically reflects the condition it is in now. Mr. Nic-
cols and Chief Kidwell surveyed the existing condition and it was
their belief that there is no pedestrian or parking problem with
traffic .now - this meets safety standards. Mr. Murray noted that
the parking lot is always full on Thursdays - he wondered if there
was any reason for this. Mayor Rollins asked how many parking spaces
are on this lot? Mr. Minor replied that there are 90 - 10-hour
spaces, 44 2-hour spaces, 18 permit parking only, one bus parking
and four spaces for 15-minute parking . Mr. Murray asked how many
more could be added, with Mr. Minor replying only "one. " Mr . Hill
echoed Mr. Murray ' s remarks and added that "none of these things
are etched in stone. " He said Council is reasonable and he feels
they should give it a trial . Mayor Rollins explained that he is
going to vote against the ordinance because he feels this lot be-
longs to all the people of Leesburg. Those who work here are just
as entitled to park here on a 10-hour basis as those who are cus-
tomers. He was not sure that the merchants are not being short-
sighted - a lot of their business comes from the employees who
work in town. He did not feel it should be exclusively for cus-
tomers of the downtown area. It is a balance of equities. The
ordinance was adopted by a roll call vote of 6 to 1 :
CO Aye : Councilmembers Cole, Herrell , D. Hill, M. Hill , Murray
CO and;Tolbert.
(v Nay : Mayor Rollins .
Q79-0-10 - ORDINANCE - REVISING REGULATIONS FOR BINGO GAMES AND
RAFFLES CONDUCTED BY VOLUNTEER FIRE DE-
R PARTMENT, RESCUE SQUAD, CHURCHES AND OTHER
NON-PROFIT ORGANIZATIONS .
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 . Article III of Chapter 3 of the Town Code is
amended to read as follows :
ARTICLE III
BINGO GAMES AND RAFFLES CONDUCTED BY VOLUNTEER
FIRE DEPARTMENTS , RESCUE SQUADS , CIVIC ORGANI-
ZATIONS, CHURCHES AND OTHER NON-PROFIT ORGANI-
ZATIONS .
Section 3-27 . Application of state law.
All of the provisions and requirements contained
in Article I . 1 in Chapter 8 of Title 18 . 2 of the Code
of Virginia, as amended, are hereby adopted and made
a part of this article as fully as though set out here-
in. References therein to "local designated official"
shall be deemed to refer to the town director of finance.
Section 3-28 . Permits.
Prior to the commencement of any bingo game or
raffle within the town by a qualified organization,
as defined in Section 18 . 2-340 . 1 of the Code of Vir-
ginia, as amended, such organization shall obtain an
annual permit from the director of finance on a form
as set out in the Code of Virginia. Permits shall be
valid for a period of one year beginning on January 1
of each calendar year, except that permits issued be-
tween July 1, 1979 , and December 31 , 1979 , shall be
valid until December 31 , 1980 . Application for the
permit shall be accompanied by a permit fee in the
amount of $25. 00 . This fee shall be waived by the
director of finance if he determines the principal
religious, charitable, community or educational purposes
for which the organization is specifically chartered
or organized are conducted within Loudoun County.
MINUTES OF JUNE 13, 1979 MEETING.
1 0 Section 3-29 . Fire safety and parking accommodations
approval prerequisite to permit -issuance,
(a) The fire marshal shall inspect the premises
where bingo games or raffles are proposed to be con-
ducted prior to the issuance of the permit . Regulations
and inspection requirements for "places of assembly"
established in the town fire code shall apply to any
premises used or proposed to be used for bingo games
or raffles, regardless of the square footage of the
building or number of occupants . A copy of all in-
spection certificates shall remain on file with the
permit application.
(b) The Chief of Police shall review and approve
a motor vehicle parking plan for persons attending the
bingo game or raffle which shall be submitted with the
permit application, prior to the issuance of the per-
mit.
Section 3-30. Records and audit.
(a) Each qualified organization granted a permit
under this article shall file a report with the director
of finance on forms prescribed by the Code of Virginia,
on or before November 1 of each calendar year for
which a permit has been issued. The report shall include
gross receipts and expenditures for the previous 12-month
period between October 1 and September 30 ; provided, how-
ever, any organization whose gross receipts exceed
$50 , 000 . 00 during any calendar quarter shall be required
to file an additional accounting of its receipts and
disbursements during such quarter no later than 60 days
following the last day of such quarter.
(b) Such report shall be filed with the director
of finance and accompanied by an audit fee equal to . 5
percent of the gross receipts reported. The director
of finance may retain a qualified certified public ac-
countant to perform the required audits.
SECTION II . This ordinance shall be in effect from and
after July 1, 1979 .
Mr. Minor explained that the legislation adopted by the General
Assembly is about four to five times as long as this, but this
has been tailored to the State Code . This is a State-mandated
program. Mayor Rollins asked if the sentence concerning waiver
of fees is in the State statute? Mr. Minor said it is not - this
is the permit system being used now - we waive the fee under these
particular circumstances . Mr. Martin said this is largely a pro-
tection against criminal prosecution - it is an exemption from the
statutory law. Perhaps this should be submitted to those organi-
zations having bingo for review by their counsel . If it is not
properly drawn, they could be in trouble. This was adopted some
years ago so they would not be prosecuted by the Commonwealth At-
torney' s office. Mr. Minor said we have a mandate to adopt this by
July 1st. The requirements concerning fire safety and parking are
in existence now. The requirements for records and audit are in
the State Code and are recited here for clarity. He felt they would
have to hire attorneys for this requirement . He said, basically,
this came from the problems with bingo in Alexandria. There are now
$1, 000 limits on prizes, and you can 't give away a car. It is not
well publicized and this is the fault of the General Assembly. They
have done something here that will affect the fund-raising activi-
ties of a lot of organizations. We can send the organizations copies
of the ordinance or, as we had intended, prepare a short report and
send it to the organizations . The responsibility is on the Town -
it is a misdemeanor not to do these things . Either our Finance Depart-
ment will have to do these records and audits or we will have to hire
someone to do it. Mr. Murray felt this .responsibility should be
placed on the Council , not on the Finance Director . MayorRollins
agreed - he felt they should pay the fee if we have to gohis ex-
pense, but he felt that whether or not they pay the fee should be at
the discretion of the Council , not the administrative staff . Mr.
MINUTES OF JUNE 13 , 1979 MEETING.
Minor further explained that, even if the permit fee of $25 . 00 1 1
is waived, the audit fee has to be paid. Every organization that
gets a permit has to be audited at least once a year and they have
to pay the fee. The requirement for the audit, for filing reports
and getting permits are all State mandated. The permit fee is an
annual fee. On motion of Mayor Rollins, seconded by Mr. Tolbert,
Council unanimously voted to amend the last sentence of Sec . 3-28
to read as follows :
This fee may be waived by the Town Council if it determines
the principal religious, charitable, community or educa-
tional purposes for which the organization is specifically
chartered or organized are conducted within Loudoun County.
Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay: None.
Mr. Hill suggested that the organizations in town be advised im-
mediately. The ordinance, as amended, was unanimously adopted:
Aye : Councilmembers Cole, Herrell , D. Hill , M. Hill, Murray,
CO Tolbert and Mayor Rollins.
CO Nay: None.
N 79-0-11 - ORDINANCE - AMENDING CHAPTER 11 AND CHAPTER 17 OF THE
W TOWN CODE REGARDING MASSAGE PARLORS .
Q
Q On motion of Mr. Herrell , seconded by Mr. Tolbert, the follow-
ing ordinance was proposed:
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. Chapter 11 of the Town Code is amended by add-
ing a new article, to be numbered Article III , which shall
read as follows :
ARTICLE III
MASSAGE PARLORS
Sec. 11-62 . Definitions
For purposes of this Article, the following words and
phrases shall have the meanings respectively ascribed to
them by this section :
Massage Parlor. Any establishment which offers service
in the form of massage, baths, exercises or similar services,
in combination to club members , or to the public for a charge .
The term "massage parlor" does not include : (1) Hos-
pitals, nursing homes , medical clinics or the offices or
quarters of a physician, surgeon or an osteopath; or (2)
exercise clubs exclusively for members or clientele of
one sex alone where the services, without massage in any
form, are performed by persons of the same sex as the mem-
bers or clientele, or ( 3) barbershops and beauty parlors.
Massage Technician. A person who practices any one or
more of the arts of body massage, either by hand or me-
chanical apparatus, oil rubs, corrective gymnastics, me-
chanotherapy, including color therapy, dietetics, hot
packs, cabinet, tub, shower, sitz , vapor, steam or any
other special type of bath.
Sec. 11-63 . Permit Required
It shall be unlawful for any person to operate or en-
gage in the business of operating any massage parlor with-
in the town without first having obtained a permit and com-
plying with all the provisions in this article.
MINUTES OF JUNE 13, 1979 MEETING.
12 Sec. 11-64 . Application for Permit
Applicants for permit under this article shall file
with the Town Manager an application in writing on a form
to be furnished by the Town Manager and accompanied by a
processing fee of $50 . 00 . The application shall establish
the following:
(a) Name and description of the applicant and proof
of the applicant ' s age.
(b) Applicant ' s permanent home address and full local
address.
(c) Health certificates from a licensed medical doc-
tor of the Commonwealth of Virginia.
(d) The information provided in a, b and c above with
respect to all. proposed employees of applicant and all
future employees .
(e) A complete and detailed description of the facili-
ties for the proposed massage parlor.
( f) The qualifications and training of the applicant
and all proposed employees as massage . technicians .
(g) Information as to whether the applicant has been
convicted, pleaded nolo contendere, or suffered a for-
. feiture within the last five (5) years on a charge of
violating any provision included in ss18 . 1-187 through
18 . 1-215 and ss18 . 1-227 through 18 . 1-236 , Code of Vir-
ginia (1950) as amended, which laws relate to sexual
offenses or on a charge of violating a similar law of
any jurisdiction.
(h) Application shall be executed under oath.
Sec. 11-65 . Investigation. of Applicant; Issuance of Permit
(a) Upon receipt of the application fee as provided
for in the preceding section, the Town Manager shall cause
to be made a thorough investigation of the criminal record
and qualifications of the applicant .
The Town Manager shall deny any application for a per-
mit under this chapter if he finds that the applicant is
less then eighteen (18) years of age; has been convicted,
pleaded nolo contendere, or suffered forfeiture within
the last five (5) years on a charge of any provision in-
cluded in ss18 . 1-187 through 18 . 1-215 and ss18-1. 227
through 18 . 1-236 , Code of Virginia (1950) as amended,
which laws relate to sexual offenses or on a charge of
violating similar law of any other jurisdiction. The
making of false statement on the application shall also
be grounds for denial of a permit.
(b) If the Town Manager is satisfied, as a result
of investigation, that the applicant meets all requirements
of this Article, he shall approve such application and is-
sue a permit which shall be valid for one year, upon pay-
ment of the business license fee set out in Section 17-78
of the Town Code.
Sec. 11-66 . Training of Massage Technician
No person shall give or offer or hold oneself out to of-
, fe as a massage technician within the meaning of this Ar-
ticle or employ or engage as an independent contractor any
massage technician who gives or offers, or holds oneself
out to offer, a massage without first having obtained a
massage technician permit from the Town Manager. The fee
for said permit shall be $25 . 00. In order to receive a
permit, the applicant must have satisfactorily completed
MINUTES OF JUNE 13 , 1979 MEETING.
a course or courses of study in body massage in an approved 1 3
school of instruction or training within the criteria and
guidelines set forth below:
(a) Said courses shall pertain to anatomy, physiology,
hygiene, first aid, exercise therapy, massage tech-
niques and related aspects of the art and science .
(b) A course of study in body massage shall consti-
tute five hundred (500) hours of study in connection
with an approved school pertaining to:
(1) Classroom or clinical training in thera-
peutic massage and techniques.
(2) Classroom or clinical instruction or contra-
indications for massage.
( 3) Classroom or clinical or laboratory instruc-
tion to develop a knowledge of the anatomy and
physiology of the systems of the body with empha-
sis on the muscular and skeletal systems .
CO (c) Any school or educational institution licensed
N to do business as a school or educational institution
in the state in which it is located and providing
W requisite training herein provided for shall consti-
C tute an approved school .
Q (d) Any school recognized by or approved by or af-
filiated with the American Massage and Therapy Associ-
ation, Inc. shall constitute an approved school .
(e) Compliance with this section shall first be de-
termined by the Town Manager.
U
Sec. 11-67 . Permit Expiration
(a) All permits issued hereunder shall be annual and
expire on December 31 of the year issued.
(b) All permits issued hereunder shall be deemed null
and void upon the sale, lease or transfer of any interest
in the said massage parlor for which issued.
Sec. 11-68 . Sanitation
(a) All equipment, shower stalls, toilets, lavoratories
and any other such accoutrements of the establishment shall
be of non-porous materials and regularly treated with disin-
fectants and shall be maintained in a clean and sanitary con-
dition at all times .
(b) Health inspectors shall be given access to any
part of the quarters of a massage parlor for purposes of
inspection at all reasonable times .
(c) Each massage parlor shall be equipped with toilet
and lavatory facilities for patrons and separate readily
available toilet and lavatory facilities for personnel .
(d) Either the parlor quarters or the floor of the
building on which the quarters are located shall be equipped
with a lavatory for custodial services. In multiple stor-
ied, but small buildings , the custodial lavatory may be lo-
cated within 100 ft . of the massage parlor.
Sec. 11-69 . Environment
No part of any quarters of any massage parlor shall be
used for, or connected with, any bedroom or sleeping quar-
ters; nor shall any person sleep in such massage parlor ex-
cept it be for limited periods incidental to and: directly
MINUTES OF JUNE 13, 1979 MEETING.
14 related to a massage or bath. This provision shall not pre-
clude the location of a massage parlor in separate quarters
of a building housing a hotel or other separate businesses
or clubs .
Sec . 11-70 . Unlawful Acts of Massage Technician
It shall be unlawful for a massage technician to will-
fully perform any of the following acts :
(a) Placing of hand or hands upon, touching with any
part of the body, fondling in any manner, or massag-
ing a sexual or genital part, or any portion thereof,
of any other person.
(b) Exposing of a sexual or genital part, or any por-
tion thereof, to any other person.
(c) Failing to conceal, with a fully opaque covering
in the presence of any other person, the sexual or
genital parts of such massage technician.
It shall be unlawful for any massage technician to mas-
sage a person of another sex in a massage parlor.
It shall be unlawful for any person owning, operating
or managing a massage parlor, knowingly to cause, allow or
permit in or about such massage parlor, any agent, employee
or any other person under his control or supervision, or any
other massage technician to perform such acts prohibited in
this section.
SECTION II . Article II of Chapter 17 of the Town Code is
amended by adding a new section, to be numbered Section
17-78, which will read as follows :
Sec. 17-78 . Massage Parlors
I
_
Any person conducting, operating or engaging in the
business of a massage parlor, as defined in Section 11-62
of the Town Code, shall pay an annual license tax of $5 , 000
per location.
SECTION III . This ordinance shall be in effect upon its
passage.
Mr. Minor explained that this is a "hybrid" from Herndon, Falls
Church, Alexandria, Arlington, etc . Mr. Murray askedif it has
been defended? Mr. Minor said yes, basically it has a dual pro-
tection in that it sets out prohibited acts and that one cannot
be massaged by a member of the opposite sex. We have in our Code
a severability clause so that if any part of it is declared un-
constitutional, the other parts would stand. Mr. Hill inquired
as to whether this has to be advertised for public hearing? Mr.
Minor said this is a valid point, he believed anything having to
do with a business license has to be advertised. After looking
this up in the Code, it was decided that a hearing must be had on
the business license fee. On motion of Mrs. Hill, seconded by
Mr. Murray, Council voted 6 to 1 to strike Section II from the
ordinance until such time as a public hearing is held thereon.
Aye: Councilmembers Cole , Herrell , D. Hill, M. Hill , Murray
and Tolbert.
Nay : Mayor Rollins .
The ordinance, as amended, was unanimously adopted:
Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill , Murray,
Tolbert and Mayor Rollins .
Nay : None.
79-83 - RESOLUTION - CONSENTING TO .PARKING REGULATIONS FOR SECTIONS
OF EAST LOUDOUN STREET AND SOUTH HARRISON STREET.
On motion of Mr. Cole, seconded by Mr.Herrell, the following
resolution was proposed :
MINUTES OF JUNE 13 , 1979 MEETING.
15
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The Council consents to parking regulations of the manager
made pursuant to Section 10-148 of the Town Code requiring
a two-hour parking limit for on-street parking on South
Harrison Street between East Market Street and East Royal
Street and prohibiting parking on East Loudoun Street be-
tween Church Street and South Harrison Street.
Mr. Hill questioned whether or not there should be parking on the
east and west sides of Harrison between Loudoun and Royal - he
thought they had decided not to have parking on the west side
along the parking lot. After some discussion, it was decided to
leave it as it is and, if there is a problem, it can be solved
later. The resolution was adopted by a vote of 6 to 1 :
Aye : Councilmembers Cole, Herrell , D. Hill, M. Hill, Murray
and Tolbert.
Nay: Mayor Rollins .
79-84 - RESOLUTION - AUTHORIZING A CONTRACT FOR CONSTRUCTION ENGI-
CO NEERING SERVICES ON THE POTOMAC RIVER WATER
CO SUPPLY PROJECT.
CU
On motion of Mr. Herrell, seconded by Mr. Hill, the following
resolution was proposed and unanimously adopted:
CZ
Q RESOLVED by the Council for the Town of Leesburg, Virginia,
as follows :
•
SECTION I. The manager is authorized and directed to enter
into an agreement with Betz-Converse-Murdoch, Inc. , Potomac
Group, 800 Follin Lane, S . E. , Vienna, Virginia, 22180 , for
construction engineering services from the bidding through
_ the start-up phases of the Potomac River water supply proj-
ect in line with a proposal received May 16, 1979 from the
engineer (Proposal No. 21-6039-60) at a cost not to exceed
$299 , 000 .
SECTION II. An appropriation is made from the Capital Proj-
ect Fund for the Potomac River water supply project to Ac-
count No. 70000. 250 , Construction Engineering, in the amount
of $299 , 000 . This appropriation shall remain in effect un-
til completion of the Potomac River water supply project or
until terminated by this Council .
SECTION III . This resolution is effective upon this Council ' s
approval of a contract for construction of the Potomac River
water supply project.
Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay : None.
79-85 - RESOLUTION - .APPROVING AN ADDENDA TO THE LEESBURG STANDARD
CONSTRUCTION SPECIFICATIONS .
On motion of Mrs. Hill, seconded by Mr. Cole, the following
resolution was proposed:
' RESOLVED by the Council for the Town of Leesburg, Virginia,
as follows :
The following addenda to the Leesburg Standard Construction
Specifications for water, sewer, streets and appurtenances
is made in order to clarify and alter the existing specifi-
cations concerning back-filling and compaction of excavated
areas within all existing or proposed public rights-of-way
and easements within Leesburg ' s jurisdiction; all excavations
within existing or proposed public rights-of-way and ease-
ments shall be back-filled with suitable fill material , as
MINUTES OF JUNE 13 , 1979 MEETING.
16 approved by the Department of Engineering, in 6-inch com-
pacted layers, unless otherwise approved in writing. Suit- -
able fill material is to be compacted at a moisture content
within plus or minus 20 percent of optimum moisture. Final
compaction results shall be at least 95 percent of maximum
density. The contractor shall provide equipment for exca-
vation purposes to expose areas of back-fill which hale been
compacted to allow for testing by town personnel. The town
shall perform as many compaction tests as it. deems necessary
to assure that 95 percent compaction has been achieved. The
Director of Engineering shall approve all methods of compac-
tion.
The town has the right to reject any back-fill which it de-
termines as unsuitable for the purpose intended. It has the
right to stop all work within easements and public rights-
of-way if it is not being completed in accordance with these
specifications . Compaction by water (puddling) will not be
permitted.
Any contractor not following the proper procedures is fore-
warned that the work will not be accepted for maintenance
by the town.
Mr. Hill commented that this should tighten up the situation. Mayor
Rollins said if there are any ditches or trenches that go down after
this, "somebody ' s head will roll . " The resolution was unanimously
adopted:
Aye : Councilmembers Cole, Herrell , D. Hill, M. Hill , Murray,
Tolbert and Mayor Rollins.
Nay: None.
79-86 - RESOLUTION - AUTHORIZING AGREEMENT FOR LEASE. OF THE LOUDOUN
MUSEUM.
On motion of Mr. Tolbert, seconded by Mr. Herrell, the fol-
lowing
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows:
The manager is authorized and directed to execute an Agree-
ment dated July 1, 1979 with The Loudoun Museum, Inc. for
the lease of property owned in fee simple by the Town of
Leesburg, located at 16 West Loudoun Street (Tax Map 48A,
Block 16 , Lot 23) .
Mr. Hill asked if there is insurance on this building? Mr. Minor
explained that the town carries fire insurance and the Chamber has
been caring the liability insurance on the contents . Mrs. Upton
is going/talk with the two insurance companies and, if there is a
substantial difference in the premium if they carry it, we will
get both policies and bill them for their part of it. Either way
we will be named as additional insured for liability and contents.
The resolution was unanimously adopted:
Aye : Councilmembers Cole, Herrell, D. Hill , M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay: None .
79-87 - RESOLUTION - APPROVING SEWER EXTENSION FOR LOUDOUN COUNTRY
DAY SCHOOL.
On motion of Mrs. Hill , seconded by Mr. Tolbert, the following
resolution was proposed:
RESOLVED by the Council for the Town of Leesburg, Virginia,
as follows :
The extension of the sanitary sewer system to serve Loudoun
Country Day School at 51 Fairview Street and connection of the
school to the sewer system are approved.
III
TOWN OF LEESBURG
IN
LOUDOUN COUNTY, VIRGINIA •
PRESENTED June 13, 1979
RESOLUTION NO. 79-86 ADOPTED June 13, 1979
A RESOLUTION: AUTHORIZING AGREEMENT FOR LEASE OF THE LOUDOUN
MUSEUM
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The manager is authorized and directed to execute an
Agreement dated July 1, 1979 with The Iiiuddtii Musepnf7 Inc. for
the lease of property owned in fee simple by the Town of Lees-
", burg, located at 16 West Loudoun Street (Tax Map 48A, Block 16 ,
Lot 23) .
PASSED this 13th day of June , 1979 .
• . ./e41-i2:„:7
Kenn-th B. Rollins, Mayor
Town of Leesburg
ATTEST: //////
/ 7 //LB—
Clerk of Co7cil
•
MINUTES OF JUNE 13 , 1979 MEETING.
Mr. Hill said the letter came to his committee as a feeler. 17
He asked if they have been made aware of availability fees,
etc. ? Mrs. Hill said she asked Mr. Niccolls and he said they
are aware of this . The resolution was unanimously adopted:
Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay : None.
79-88 - RESOLUTION - MAKING APPOINTMENTS TO THE CITIZEN LIAISON
COMMITTEE FOR FAIRVIEW SUBDIVISION STORM
DRAINAGE FACILITY PROJECT.
On motion of Mr. Cole, seconded by Mrs . Hill, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I . The following are appointed to the Citizen
Liaison Committee for the Fairview Subdivision storm drain-
age facility project:
CO Margie Harrison
George A. Michael
CO Peter Degroot
(� George E. Selby
Q Robert Lee Spinks
Q SECTION II. The term for these appointments shall expire
upon the completion of the project.
It was pointed out that these people are all residents of Fair-
view Subdivision. Mr. Hill asked if we have to advise HUD? Mr.
Minor said we do not - if they do an audit and ask for the citi-
zen participation plan, then we show them this . .The resolution
' was unanimously adopted:
Aye : Councilmembers Cole, Herrell, D. Hill , M. Hill, Murray,
Tolbert and Mayor Rollins.
Nay: None.
Mayor Rollins advised Council that the State Water Control
Board is not in a very big hurry to meet with the Town concerning
sewer plant expansion. Apparently the EPA is not going to fund
any wastewater treatment facilities in the State, or in the Na-
tion, unless the State can justify the need for advanced waste-
water treatment. The SWCB, at this point, is not able to justify
it because tests need to be conducted and other work needs to be
done before they can say what is needed. For that reason they
decided to defer the meeting with Council and EPA until they can
come up with what they think should be required. They thought
the Leesburg plant was in such excellent condition that there is
no need to be such a hurry. Mr. Hill disagreed - this locks us
in so that we can do nothing with STEP II . We have to have some
kind of standards before we can go with design. -We have to have
this on line by the time the water plant is completed. Mayor
Rollins disagreed - nobody will be using that much water imme-
diately. They think Leesburg will not have to do anything for
at least four years . Mr. Hill said it would take that long to
get anything done. Mayor Rollins said he would think the answer
would come in six months because the lead time would be two or
three years . However, they do not have the testing to know the
condition of Tuscarora or Goose Creek to know what they feel will
be justified. Mayor Rollins said he had previously said this was
the first case. in Virginia where the new policy of not funding
any advanced wastewater facilities would be considered. The sug-
gested standards cannot be done until certain testing is done on
Goose Creek and Tuscarora. Mr. Hill said "we are right back where
we were before. " He guaranteed nothing will be done in two years -
this is a delayed action and he thinks it is a crime.
MINUTES OF JUNE 13, 1979 MEETING.
18 On motion of Mr. Herrell , seconded by Mr. Tolbert, Council
voted unanimously to go into executive session to discuss legal
and personnel matters :
Aye: Councilmembers Cole, Herrell , D. Hill , M. Hill , Murray,
Tolbert and Mayor Rollins.
Nay: None.
On motion of Mr. Tolbert, seconded by Mr. Cole, Council voted
unanimously to resume session. There was no action taken. On
motion of Mr. Cole, seconded by Mr. Herrell, Council voted to
adjourn at 10 : 12 P.M.
Mayor
Clerk of th Council