HomeMy Public PortalAbout1980_02_13 MINUTES OF REGULAR EETING OF
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HEARING ON ROPOSEDr1ZONING ORDINANCERAMENDMENTTS , FEBRUARYU13,1981_3 9
A regular meeting of the Leesburg Town Council was held in
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia,
on February 13 , 1980 at 7 : 30 P.M. The meeting was called to order
by the Mayor, with the invocation by Mr. Tolbert, and followed
with the Salute to the Flag led by Mr. Herrell . Present were :
Mayor Kenneth B. Rollins , Councilmembers Stanley D. Herrell, Jr. ,
G. Dewey Hill, Jr. , Marylou Hill, Walter F. Murray and John W.
Tolbert, Jr. ; also Town Manager John Niccolls, Chief of Police
James M. Kidwell and Town Attorney George M. Martin. Absent from
the meeting was Councilmember Glen P. Cole.
The minutes of the regular meeting of January 23 , 1980 were
approved as written .
PUBLIC HEARING ON PROPOSED AMENDMENTS TO LEESBURG ZONING ORDINANCE:
A public hearing was held on proposed amendments to the Lees-
burg Zoning Ordinance. Mayor Rollins explained that these proposed
amendments have been considered by the Planning Commission and have
been advertised in the Loudoun Times-Mirror. There are some major
changes proposed in the Ordinance .
COCO
Mr. Arl Curry did not feel that Section 9-1-2 was clear as to
N the requirement - it sounds like a set of blueprints would have
w to be submitted to the Zoning Administrator in order to get a
Q zoning permit. He asked if this means just a lot location plat
of the house or just what? The ordinance also asks for elevations,
Q etc. - this is required for commercial buildings in the site plan.
It would seem that residential could be eliminated from this . Con-
cerning
Section 9-1-4 which requires the staking of the building
on the lot before construction is started, he could see no purpose
for this requirement. Builders do this when they get ready to build
a house, but why should it be staked ahead of time unless it is go-
ing to be checked out by the town? The County. Building Inspector ' s
office needs a .set of plans , but the town should need no more than
a location plat which is normally submitted unless it is planned
for the town to have a building inspections department. He felt
the requirements for a zoning certificate are a duplication of
the present requirements . It is an occupancy permit by another
name and they already have that through the County. The Town
Zoning Administrator has to sign that permit and any necessary
checking can be done before he signs it . It looks like every time
Council passes a new regulation, they do away with five others.
Mr. Hill asked Mr. Curry to point out what the town is doing right.
Mr. Curry said the present zoning covers everything they need.
He sees no need for any change in any fashion. Mrs. Hill said
that, according to the staff, a County occupancy permit is not
legally tied to Leesburg ' s Zoning Ordinance and the County cannot
deny an occupancy permit in violation of our zoning rules . Mr.
Curry felt this is two different categories - an occupancy permit
should have nothing to do with zoning. Mrs . Hill replied that, if
the building is not in compliance when it is finished, the Town
cannot legally use the County ' s form to say that this is a viola-
tion. Mr. Herrell could not see how a zoning inspector can enforce
this without a competent staff. Mr. Curry said it is really his
duty now to see that the builders comply with the Zoning Ordinance.
This might make it easier for him, but it would make it harder on
everybody else. Mr. Herrell was not sure of the reasons for this
ordinance himself . Mrs . Hill said this is a zoning matter, not a
building matter . Mr. Curry said the zoning is pretty well covered
now. Ninety-nine percent of the homes built are financed through
savings and loans , etc . and they require a certified survey to
see that it does comply with the Zoning Ordinance. Mr. Curry felt
that, if they have to do all of this before the get the permit and
then do it all over again at the end, this would7another $500 to
the cost of the house.
Mr. Niccolls said these proposed amendments have five pur-
poses - perhaps they should have been presented in five separate
amendments, but it seemed appropriate to do them all at one time.
This, however, has caused some confusion. He did not believe
these changes will make any difference to Mr. Curry or to any
MINUTES OF FEBRUARY 13 , 1980 MEETING.
140
other builder . There have been some rather mundane improvements
in the language in the ordinance - these sections could be taken
out and Mr. Forbes ' duties would not be changed from what they
are now. His responsibilities include the review of suitable
plans presented to him so that he can determine whether or not
a proposed structure is meeting the requirements of the ordinance;
to field-check the work as it is undertaken and when it is completed
to insure compliance with the Zoning Ordinance. If we have regula-
tions, we have to have staff to enforce them. He did not believe
that Council wants to leave compliance with the Zoning Ordinance to
builders and lenders . The problem ,is not with residential builders,
but is with commercial construction, where there are access and
parking requirements and screening, etc. In such cases , there is
a distinct need for competent plans to be presented for the proj-
ect, a review mechanism and a mechanism that says they have now
complied with the Zoning Ordinance and they are free to use the
building as proposed. This is what a zoning certificate is all
about. Loudoun County does ask the Town to sign off on their
BOCA Code Certificate of Occupancy. We do review that and sign
it . However, they have allowed occupancy of structures over and
over again in Leesburg that are not in full compliance with the
zoning permit under which it was allowed to proceed. These re-
quirements are all found in the Zoning Ordinance and the Certifi-
cate of Occupancy is no more than common sense to tell the builder,
etc. that the building is in good shape and he can get his final
payout. He gets the same thing from the County, but for their
regulations , not ours . This has to do with only one of the pro-
posed changes . The five purposes for these amendments are: (1) and
(2) to repeal the regulations now in the Ordinance having to do
with the site planning process and off-site pro-rata charges (these
are now found in the Land Development Regulations) ; (3) to clean up
the language in the section on administration (permits , plans,
etc. ) - there is a commentary on each section of the ordinance
and he hoped Council will have time to read these; (4) to improve
those sections on screening - these are requirements to protect
residential properties from commercial ones; (5) to deal with
"proffer" (or known as conditional zoning under State law) . These
are relatively new authorities granted to all municipalities and
counties in the State to impose reasonable conditions when they
rezone a piece of ground. This gives the Council an option of
not just turning down a rezoning that has some problems, but to
try to work them out in a satisfactory way and, if they can be
worked out, to impose them on the builder as a matter of law.
Loudoun and Fairfax Counties have been using these and they seem
to work to give the builder or developer the flexibility they need
but, at the same time, to protect the community from some unwar-
ranted unneeded type of use. This does not correct bad zoning
proposals, but allows Council to work with fairly good ones and
make them acceptable .
Mayor Rollins asked Mr. Curry how he feels about the proffer
situation? He felt the problem is in administering it - you don 't
want to require one person to do one thing and another something
else. It is not meant to be a way of getting school sites , play-
grounds, etc . - it is meant for the developer or builder and the
town to work the plans out to a mutual solution. It is similar
to a variance. Council could make it mandatory rather than op-
tional . Mr. Hill recalled that Mr. Forbes denied one of Mr.
Curry ' s permits on Catoctin Circle - does this mean that he al-
ready has these powers? Mr. Curry felt that he does, even though
he feels a Court of Law would rule in favor of him in this par-
ticular
instance. Mayor Rollins asked if Mr. Forbes issues occu-
pancy permits? Mr. Niccolls replied that he issues the original
zoning permit, which indicates the proposed plan is in accordance
with the Ordinance, etc . We do not have a procedure for occu-
pancy - Mr. Forbes signs the County ' s occupancy permit, but build-
ings are being occupied that do not have the Town ' s approval . If
a building meets the County ' s requirements, they are obligated to
issue the occupancy permit - they have no way to hold up a permit
for another jurisdiction ' s requirements . Mr . Herrell felt this
is an administrative problem that could be worked out. Mr. Niccolls
explained further that this is tying .our regulations to a simple
instrument determining whether or not the applicant has complied
with everything. Mr. Tolbert asked if there is a fee for this
MINUTES OF FEBRUARY 13 , 1980 MEETING. -
141
certificate? Mr. Niccolls was not sure - it may be a part of
the original fee. However, there is no fee in this proposed ordi-
nance for the town .
Mr. Herbert Pearson said Council has delegated the Building
Code and inspections to the County and he feels they have done a
magnificent job. They have personnel that are competent in these
jobs. He recommended an administrative order requesting the County
to check with the town before an occupancy permit is issued. This
is just another harrassment for the builder or developer. He feels
the County can complete the job and that they have done a good job .
They have upgraded the community since they have been in operation.
Mr. Hill asked if the County knows anything about building heights?
Mr. Pearson said he made a mistake on his building on King Street
and explained what happened. He said he was sorry about this , but
that insurance agents say 98 percent of people with a fire loss
never rebuild. He felt his building is a lot better than a park-
ing lot or an eyesore in the middle of town. Mr. Hill said he
did not mean to demean Mr. Pearson - in fact, he knew nobody that
has done any more for the town. His point was- to ask if the new
concept of this ordinance would correct such a situation? Mr.
CO Pearson felt that any zoning requirement as to where a building
sits would best be solved when the footers are poured. Mr. Nic-
CD colls asked Lf he means that staking and checking this before the
N footers are poured might forestall some errors in building location?
W Mr. Pearson felt it might not correct mistakes , but the commitment
Q is made by the builder and the building department when the footers
Q are poured. Mayor Rollins felt there should be a requirement at
this point that could stop the building by a Court order. Mr.
Pearson cited as an example the Barrister Building, which was not
completed in accordance with the drawings. Mr. Herrell asked if
anyone has ever built a building not in compliance with our ordi-
nance? Mr. Niccolls said this is not the problem, this ordinance
deals with screening, parking areas , drainage, signs, etc. Mrs.
Hill recalled a townhouse development that was not in compliance.
Mr. Niccolls said this one-foot error would not have been deter-
mined by inspection - it was found when it was surveyed for transfer.
Mr. Herrell cited as an example where Council told someone they had
to have screening - it was never done and nobody did anything
about it. It depends on who is standing out there and who is sit-
ting up here. This is like proffering and he is against that.
Mr. Niccolls said we have the obligation to enforce the ordinance
now - these words don 't change that - they change those sections
on administration and add one signature to the process that would
be triggered when that form comes over from the County. This
merely formalizes the process. If we don 't return their form,
they go ahead and issue the permit anyway. Mayor Rollins felt
this , then, is an "exercise in futility. " Mr. Niccolls said the
town can go to court on a violation of the Zoning Ordinance,
either to District Court in a criminal action which would result
in a fine, or to Circuit Court to seek an injunction. Mr. Pearson
felt the town should not have to go to court - the County would
comply with the town ' s request if asked to do so. Mr. Niccolls
said it would be hoped that going to court would bring the builders
into compliance with the ordinance - each day amounts to a lot of
interest on large projects .
Mr. Bernard Carlton felt that some specific wording that would
exclude certain jobs (such as residential properties) would be help-
ful - there should be a definition of "residential" and "commercial . "
If he waited for an occupancy permit from the County beforeallow-
ing occupancy of the homes he has built, some people might be
waiting as much as 18 months. He agreed with Mr. Curry - we should
look at all of the regulations and eliminate any that can be. He
quoted the new President of the National Association of Home Builders -
"ti4here will our children live?" - this is the motto of this associa-
tion for this year. The builders have an obligation to provide
housing for the 41, 000 , 000 people reaching 30 years of age in this
decade . The Government at all levels has increased the cost of hous-
ing, yet housing must be provided. All legislative bodies have an
obligation to try to control building regulations . Mr. Murray com-
MINUTES OF FEBRUARY 13 , 1980 MEETING.
142 mented that, if anybody on this council or any politician in this
area ran on a platform of bringing in all the growth they can and
somebody ran on the other side, the other man would be elected to
these jobs . Mr. Carlton called attention to today ' s Times-Mirror
concerning a poll on Leesburg ' s proposed annexation - they agreed
on this question - this land should be annexed by Leesburg. Mr.
Murray said that most of the people here don ' t care about the next
people coming in - they are "isolationists. " Mr. Hill asked what
burden would the exemption of single-family residences have on
this ordinance? Mrs . Hill and Mr. Niccolls saw no problem with
this . Mayor Rollins declared the public hearing closed. Mrs . Hill
said she would like to see this proposed ordinance go back to
Committee to make this change . Mayor Rollins declared that it
would, therefore, go back to the Finance and Administration Com-
mittee for final recommendation to Council .
Mr. Niccolls thanked Mr. Carlton for a fine job on the remodel-
ing of this building. He did not think he had ever worked with a more
conscientious and cooperative contractor. It was a pleasure.
PETITIONERS AND COMMUNICATIONS :
Mr. William J . McDonald , appearing on behalf of the Ladies
Board of Loudcun Memorial Hospital , presented to Council a plan
for a marathon race to be sponsored by that Board for the Build-
ing Fund of the Hospital. It is anticipated that this will become
an annual substantial fund raising event. In order to establish
this as a "class race" they need a course that can be certified
and sanctioned by the American Road Runners . It must be a pre-
cise 10-mile course . The optimum course chosen can be sanctioned;
it starts and finishes at a high school facility and gives the
runners an attractive course that shows them something of Loudoun
County and Leesburg. He exhibited the proposed run course and
asked that Council consider giving permission for the closing of
Loudoun Street, West Market Street, Wirt Street, Cornwall Street
and Ayr Street for one and one-half hours between 10 : 30 and 12 :00
noon cn Saturday morning, May 17th . The town has set a precedent
by closing the streets for August Court Days , for the Firemen ' s
Parade and the Halloween Parade. The Ladies Board was to have
appropriated $3 , 000 today for equipment, etc . to get this race
underway. They do not anticipate making a lot of money this year
but, if they can get off a first rate class run, this will attract
attention to Leesburg, it will be a money maker for the Hospital
and an asset to the community from a commercial standpoint later.
The money is made from the participants ' entry fees. They hope
to get a commercial sponsor who will underwrite much of the cost
of the race. Mrs . Mary DeLashmutt, Chairman of the Race Committee,
said that most of the runners this year will be in the walk-run
two-mile event. If they have 200 runners for the 10-mile run
this first year, this will be good and it is hoped to have 500
next year. Mr. Hill asked if they have cleared going out Dry
Mill Road with the Highway Department? Mrs . DeLashmutt said they
will approve it providing they have Town and County Police Depart-
ment approval . They are in the process of securing Sheriff ' s De-
partment approval now. The Highway Department will not authorize
the complete closing down of a road. They are, however, asking
the town to close these streets for the short time needed - emer-
gency vehicles would be allowed through. It is hoped that the
whole town will eventually be involved in this annual event.
Mrs . Georgianna Newton, a resident of Old Waterford Road, said
the contractor who installed the water line in front of her prop-
erty
about a year and a half ago had damaged her fence and put in
too short a piece of culvert under her driveway entrance. The
contractor kept saying they would repair this damage, but they never
did and she secured an estimate in the amount of $465 . 00 and had the
repairs made to the fence at her own expense. Mayor Rollins knew
there had been damage to the fence and said she should be reimbursed
for this expense. Mr. Niccolls was also aware of the damage to the
fence but thought it had been taken care of by the contractor ' s in-
surance company. He was not aware of the wrong size pipe under the
driveway entrance, nor of the fact that the stone in front of the
house had not been replaced after repairs . He said he will con-
tact the contractor ' s insurance company and they, in turn, will
contact her so that she make a loss statement to them. They will
evaluate the claim and report both to her and to him.
MINUTES OF FEBRUARY 13, 1980 MEETING.
MANAGER'S REPORT: 143
Mr. Niccolls said a written Activity Report was distributed
along with the Agenda packet last Friday. He had nothing further
to report at this time .
MAYOR' S REPORT:
Mayor Rollins asked about the MICA refuse study. Mr. Niccolls
explained that this is a part of the study to be made to see if
there are ways the town can save money. Mr. Hill assumed Grayson
did not exercise his option on the refuse contract. There was
some question in committee on this and they were thinking about
this from the standpoint that it might be more economical for the
town to operate its own refuse collection. Mayor Rollins commented
that Grayson has done a good job. Mr. Niccolls said there are com-
plaints but they are manageable . There have been negotiations with
Grayson and there will be a report for the committee meeting next
week on this . They had the month of January to elect to accept
the option and they decided not to. The town had all of February
to decide whether or not it wanted. them. He felt the MICA study
would take at least 60 days .
CO 80-13 - RESOLUTION - AUTHORIZING AN AGREEMENT FOR ENGINEERING SERVICES .
COCO
On motion of Mr. Hill, seconded by Mr. Murray, the following
W resolution was proposed :
QRESOLVED by the Council for the Town of Leesburg, Virginia,
as follows :
The manager is authorized and directed to enter into an
agreement with Betz-Converse-Murdoch, Inc . , 800 Follin
Lane, S . E. , Vienna, Virginia 22180 , for engineering
services necessary for revision of the Leesburg waste-
water management plan and land treatment study and prepa-
ration of a "Step II" application for state and federal
financial assistance for design of wastewater treatment
plant improvements at the engineer ' s usual per diem rates
for such services .
Mr. Hill asked if there is a "ball park" figure for these services?
Mr. Niccolls said less than $10 , 000 . Mr. Herrell asked if we have
to go ahead with this land treatment study? Mr. Niccolls said it
is now in its dying throws and this should kill it off . Mayor
Rollins understood the recent meeting on this with the Water Con-
trol Board was very fruitful . The resolution was unanimously
adopted:
Aye : Councilmembers Herrell, D. Hill, M. Hill , Murray,
Tolbert and Mayor Rollins .
Nay : None.
80-14 - RESOLUTION - ACCEPTING DEED OF DEDICATION BY THE LOUDOUN
MEMORIAL HOSPITAL.
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 :
The Deed of Dedication made the 16th day of January, 1980,
by and between The Loudoun Memorial Hospital and the Town of
Leesburg, Virginia, for public street purposes for two (2)
parcels of land designated as Area A and B, containing
2095 . 749 square feet and 2889 . 28 square feet respectively
on Old Waterford Road, as shown on plat dated January 4 ,
1980 , prepared by John K. Knight, Certified Engineer, is
hereby accepted and the Mayor is authorized to acknowl-
edge the same on behalf of the Town.
MINUTES OF FEBRUARY 13, 1980 MEETING.
144
Mr. Niccolls explained that this is for street widening between
Gibson Street and Mrs. Newton ' s property. The resolution was
unanimously adopted:
Aye : Councilmembers Herrell , D. Hill, M. Hill , Murray,
Tolbert and Mayor Rollins .
Nay : None.
80-15 - RESOLUTION - MAKING A DONATION TO THE LOUDOUN MEMORIAL
HOSPITAL EXTENDED CARE FACILITY DEVELOPMENT
FUND.
On motion of Mr. Herrell, seconded by Mr. Tolbert, the follow-
ing
resolution was proposed:
WHEREAS, Loudoun Memorial Hospital is constructing a 100-bed
extended care facility to serve the residents of Leesburg
and Loudoun County; and
WHEREAS , donations sought by the hospital for the project
will directly reduce the daily room rate for patients in
the facility: and
WHEREAS, the Council of the Town of Leesburg, Virginia,
commends the hospital for pursuing this project and sup-
ports local efforts to reduce health care costs :
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I . A donation of $10 , 000 is hereby authorized to
the Loudoun Memorial Hospital Extended Care Facility De-
velopment Fund.
SECTION II . The Mayor is authorized and directed to pre-
sent the town ' s check for $10 , 000 to the Board of Trustees
of the Loudoun Memorial Hospital at an appropriate time.
SECTION III . An appropriation is made from the General
Fund to Account #14050 , Support of Civic Activities , Hos-
pital Long Term Care Facility, in the amount of $10 , 000
for the fiscal year ending June 30 , 1980 .
Mr. Tolbert commented that he hoped this will not set a precedent
for the future on things of this sort. Mrs . Hill recalled that
in 1973 when it was determined that an access road should be opened
to the Hospital, the land was donated by Phillips, Altizer and
Brown, with the cost of the road being borne by one-third from
the Hospital, one-third from the County and one-third from the
Town, each in the amount of $23 , 600 . In effect, the Town and
the County made a donation at that time . Mr. Murray reminded
that Council donated the land to the Loudoun County Rescue Squad
He felt that, if Council sees fit in its wisdom to do something
like this, it is all right. Mayor Rollins said this resolution
bothers him to some extent . He commended the Hospital for trying
to keep down the costs . However, the land givento the Rescue
Squad stipulated that it could never be used for anything else,
and it had a reverter clause in the deed so that if it is ever
used for anything else, it will revert back to the town. Mr.
Murray asked what happened on the tennis courts, and the land
behind the old Douglass High School that is to be developed into
a park? He did not feel this is setting a precedent in view of
what has gone on before this - no-one has complained to him yet.
Mayor Rollins said they won ' t until the taxes go up. He said
all of this bothers him, although the argument is well founded.
Mrs . Hill said this is a County hospital and she would certainly
like to see the County help with this . Mr. Hill explained that
this came up in the Public Works Committee meeting by way of a re-
quest from the Hospital for waiver of off-site storm drainage fees ,
in the amount of $22 , 000 . He strongly objected to this - this would
really be setting a precedent. Therefore, the only way around this
was to make a donation. The Hospital will still pay its fees . He
agreed that the County should participate in this cost. He felt
the town should have an easement to the sewer line in this area and
hoped they would not block off any streets in the future. Mayor
MINUTES OF FEBRUARY 13 , 1980 MEETING. 14 5
Rollins added "or access road to the nursing home. " Mr. Hill Y
felt they should certainly bring the town into discussion before
they do anything of this sort. Mr. Murray understood that such a
donation would reduce the cost of patient care in the Long-Term
Care Facility by sixty-five cents per day. He would have no prob-
lem at all if the County would do likewise . Mrs. Hill said this
does not include the off-site fees across the John Paul property.
She moved that this be referred back to Committee, with the thought
of approaching the County. This motion died for lack of a second .
Both Mr . Herrell and Mr. Murray felt the County should do this on
their own. Mr. Niccolls explained the formula for setting the off-
site fees and how these fees apply to this particular project.
The John Paul segment is not a part of the official master plan
for storm drainage improvements - it is a relatively small project.
The costs are in the work below Dr. Gable ' s property on through
the County parking lot. Mayor Rollins said he is going to vote
against this resolution. This is a County hospital but, more
than that, it is in the Town of Leesburg. He praised Mr. Larson
for his work, put hoped he would convey to the Hospital Board
the fact thatt/ edwn would like to be consulted on matters con-
cerning the town, such as the closing of streets, .theimatter . :
CO of a road from the hospital to the nursing home .and other mat-
ters of mutual concern. Mr. Larson said he will convey this mes-
sage to the Board. The resolution was adopted by a vote of 4 to
N 2 :
Q Aye : Councilmembers Herrell , D. Hill, Murray and Tolbert.
Q Nay : Mayor Rollins and Councilmember M. Hill .
80-16 - RESOLUTION - AUTHORIZING PURCHASE OF A POLICE PATROL VEHICLE.
On motion of Mr. Tolbert, seconded by Mrs . Hill , the follow-
ing resolution was proposed :
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 Leesburg Chrysler-Plymouth, Inc . ,
10 South Catoctin Circle, Leesburg, Virginia 22075, for
the purchase of one police patrol vehicle in accordance
with specifications issued by the Police Chief at a cost
not to exceed $7 , 038 . 93 .
SECTION II . An appropriation is made from the General
Fund to Account #9010 . 802 , Police Automotive Equipment,
in the amount of $7 , 040 . 00 for the fiscal year ending
June 30 , 1980 .
Mrs . Hill explained that there was $14 , 000 in the current Budget
with one car having been previously purchased, leaving a balance
of $7 , 179 . 00 . The resolution was unanimously adopted :
Aye: Councilmembers Herrell , D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay : None.
80-17 - RESOLUTION - MAKING A SUPPLEMENTAL APPROPRIATION FROM
THE AIRPORT FUND .
On motion of Mr. Murray, seconded by Mrs . Hill, the follow-
ing resolution was proposed and unanimously adopted after brief
explanation by Mrs . Hill :
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
A supplemental appropriation is made from the Airport Fund
to Account No. 30000 . 251, Legal Services, in the amount of
$1, 000 . 00 for the fiscal year ending June 30 , 1980 .
Aye : Councilmembers Herrell , D. Hill , M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay : None.
14 6 MINUTES OF FEBRUARY 13, 1980 MEETING.
Yt Mayor Rollins asked what the situation is at the Airport. Mr.
Niccolls received a call late today from Mr. Dickey. He assured
that things are continuing to move along - they have paid their
FBO fees (we have dropped that suit) and back rents . He says the
February rent will be paid next week and he had no reason to doubt
that it will be paid. They have finished their capitalization and
have their loans . He was 100 percent certain that this buy-out
will be completed and we will be getting our money on time. Mr.
Tolbert asked about the lease back operators . Mr. Niccolls did
not know but will check into this . Mr. Minor will have more in-
formation next week . Mayor Rollins asked when it is anticipated
that this will be ready for action by Council? Mr. Niccolls said
it will be at the next meeting. Mr. Tolbert said there is a
possibility of a third investor too.
80-18 - RESOLUTION - AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
NORTHERN VIRGINIA REGIONAL PARK AUTHORITY FOR
INSTALLATION AND MAINTENANCE OF A SANITARY
SEWER OUTFALL FOR CARDINAL INDUSTRIAL PARK.
There being no objection to considering tonight, on motion of
Mr. Herrell, seconded by Mr. Tolbert, the following resolution was
proposed:
WHEREAS, Council on October 25, 1978 authorized water and
sewer extension permits for Cardinal Industrial Park on
the south side of Route 7 , east of Leesburg, and
WHEREAS, the most practical location for the sanitary sewer
outfall from this subdivision is across the Northern Vir-
ginia Regional Park Authority ' s right-of-way :
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
The Mayor is authorized to execute an agreement with the
Northern Virginia Regional Park Authority which allows the
construction and maintenance of sanitary sewer facilities
across the old Washington and Old Dominion Railroad right-
of-way for the sanitary sewer outfall from Cardinal Indus-
trial Park .
Mayor Rollins asked if this line will hook into the Interceptor
line? Mr. Niccolls said it will . Mr. Herrell asked if this means
this project will be "getting off the ground?" Mr. Bob East, repre-
senting the developer, said they have two pieces of property under
contract - one for Lowe ' s and the other to Hessick Investment from
McLean, which plans to build two 25, 000 sq . ft. buildings . They
are both "light industrial . " Mr. Hill asked if the builder will
put in the line? The answer is Yes . He said there has been some
question condemning some land further down on Rt. 7 in order that
those people on the north side can have access to our sewer line
on the south side of Rt. 7 . He asked if Council is saying here
that it is in agreement with this process? Mayor Rollins said
he would be in favor of assisting another property owner in get-
ting an easement, but not condemnation. Mr. Niccolls said we
would want it in the town ' s name since we will be responsible
for maintenance of the sewer line after it is dedicated to us.
Mr. Niccolls said the developer could not get this, but he con-
ducted the negotiations even tho we are involved in it. They made
the contacts to the Park Authority and it is in our name, just
as all the easements are made in the town ' s name. Mayor Rollins
asked if this line will service anything other than the: develop-
ment of this industrial subdivision? Mr. East said it will not,
as designed, but modifications could be made . Mr. Niccolls ex-
plained the trunk sewer lines to be constructed (by drawing on
the blackboard) and said that one of the requirements of Leegate
will be to oversize their sewer system so it can serve the land
all the way around and up to the Cattail Branch pump station.
Mr. East felt that the owners of this land would be willing to
modify their plans somewhat to allow them to get into this line
if they are asked. Mr. East exhibited on the blackboard the
proposal for their lines and said that anyone wanting to get
into their lines from the north would have to put in a pump sta-
tion. Mr. Niccolls said this is a larger line . The resolution
MINUTES OF FEBRUARY 13 , 1980 MEETING.
14'7
was unanimously adopted:
Aye: Councilmembers Herrell, D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay : None.
80-19 - RESOLUTION - AUTHORIZING A PARADE PERMIT.
On motion of Mr. Murray, seconded by Mr. Tolbert, the follow-
ing resolution was proposed and unanimously adopted :
RESOLVED by the Council of the Town of Leesburg, Virginia`.
as follows :
SECTION I . The manager is authorized to issue a permit
under Section 10-13 of the Town Code to the Auxiliary
Board of the Loudoun Memorial Hospital for a runners '
marathon to be conducted on May 17 , 1980 and is further
authorized to close Loudoun, Ayr, Market, Wirt, Cornwall
• Streets, Memorial Drive and other streets as are neces-
sary for the event .
CO SECTION II. The permit may contain reasonable and appro-
CD priate conditions as determined necessary by the manager
N and shall require the town to be named as an additional
W insured under a $500 , 000 public liability insurance policy
secured by the Auxiliary Board of the Loudoun Memorial
Q Hospital .
Q
Aye: Councilmembers Herrell, D. Hill , M. Hill , Murray,
Tolbert and Mayor Rollins .
Nay : None.
80-20 - RESOLUTION - MAKING A SUPPLEMENTAL APPROPRIATION FROM THE
GENERAL FUND FOR FRANCIS STORM DRAINAGE
EASEMENT.
I/ On motion of Mrs. Hill, seconded by Mr. Tolbert, the follow-
ing resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
A supplemental appropriation is made from the General
Fund to Account No. 10110 . 851 , Francis Easement, in
the amount of $2 , 812 . 00 for the fiscal year ending
June 30, 1980 .
Aye : Councilmembers Herrell , D. Hill, M. Hill , Murray,
Tolbert and Mayor Rollins .
Nay : None .
On motion of Mrs . Hill , seconded by Mr. Hill, Council voted
unanimously to go into executive session to discuss personnel
matters at 9 :40 P .M.
Council reconvened, with no action taken.
On motion, duly seconded, the meeting was adjourned.
I/ Mayor
Clerk of t - Council