HomeMy Public PortalAbout1980_10_22 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 22, 1980 .
A regular meeting of the Leesburg Town Council was held in 29
the Council Chambers , 10 West Loudoun Street, Leesburg, Virginia
on October 22, 1980 at 7 : 30 p.m. The meeting was called to order
by the Mayor, with Mr. Tolbert giving the invocation and followed
with the Salute to the Flag led by Mr. Willis . Present were:
Mayor Kenneth B . Rollins, Councilmembers Charles A. Bos , Stanley
D. Herrell, Jr. , G. Dewey Hill, Jr. , Marylou Hill, John W. Tolbert,
Jr. and Howard M. Willis; also Town Manager John Niccolls , Assistant
Manager Jeffrey H . Minor and Town Attorney George M. Martin.
The minutes of the regular meeting of October 8 , 1980 were
approved as written.
MANAGER'S REPORT:
(1) Examinations have been given for a vacancy in the Police
Department. A laborer position in the Street Department has been
filled.
( 2) Mr. Bos , Mr. Hill and Mrs . Hill participated in the
interviews with representatives from the University of Virginia
and George Mason University in connection with the Council-Staff
CD long-range planning seminar. They are inquiring today as to what
CO dates they would like to have the three-session seminar.
W ( 3) The MICA refuse study is finally on the way . We are
assured it will be here shortly .
Q
Q (4) We are working on a Lamplighter newsletter. If there
are suggestions or articles , please let the staff know.
( 5) The Planning Commission held a public hearing on the
commission permit for the Youth Shelter proposed for 40 West
Loudoun Street.
(6) There are various activities by the Public Works Depart-
ment listed in the Activity Report .
(7) VEPCO has finished the replacement of the 40 , 000 lumen
lights in the downtown area with the 14 , 000 lumen lights . He feels
the lighting is just as effective, and perhaps even more so, and
with less glare.
( 8) The Operations and Maintenance Manual prepared by Randy
Shoemaker and Steve Cawthron for the Sewage Treatment Plant is one
of those 1-inch thick documents that we normally pay thousands of
dollars to consultants to complete. They have done an excellent
job, they have had several reviews by the Health Department and
Mr. Niccolls is proud to have such men that can produce this kind
of document . This manual will be a training aid for new.-employees
and will establish the standard method for operation and mainte-
nance of various pieces of equipment. It is essential that we have
written guidelines on some of this expensive equipment.
(9) Mr. Forbes is pretty much through with drafting the house
numbering plan as requested by Council earlier this year. It
will be before you before the November deadline mentioned in the
resolution.
(10) A successful meeting was held with the general contractor
on the Potomac Water Treatment Plant at Betz-Converse-Murdoch, Inc.
offices yesterday . This meeting dealt with the various construction
delays and problems that have been reported previously. He felt
the town made it clear as to how important it considers the con-
tractor make sure the work is completed in accordance with the
specifications and completed in a timely way. Mr. Hill wants to
take this up at the committee meeting next week.
(11) The Highway Department is again promising work to begin
on the traffic signal at Plaza Street.
MINUTES OF OCTOBER 22 , 1980 MEETING.
330
COUNCILMEMBER INQUIRIES AND COMMENTS:
Mrs . Hill asked when the town is going to do something
about cars pulling in at the Subway across Loudoun Street? Mr.
Niccolls said he heard Mr. Shope talk to the owner or his repre-
sentative about a week ago. He will follow up on this.
Mr. Willis said Robert Spinks, a resident of Pershing Avenue,
said he believes there is sewage backing up at the house next door
to him. He has a well adjacent to this line and he is afraid it
will contaminate it. Mr. Hill said Dan Hyatt has been out there
on this complaint several times and they can 't detect anything.
They washed out the storm sewer with water for 45 minutes one night.
The only alternative is to run it back through the sanitary sewer
and see if there is a leak. They plan to do this .
Mr. Willis also asked if the installation of the alarm system
at the log cabin has been completed? Mr. Niccolls said he would
check on this and advise him.
Mr. Tolbert asked what you have to do to get a nice looking
street like Valley View Avenue? Mayor Rollins reported that it
takes a lot of diligence and a lot of awareness of what is going
on on these resurfacing jobs . Mr. Hill said there was a depression
in the street. Mr. Tolbert said he asked for gravel in front of
his house -he got two shovels full out of a full load. After
speaking to the Town Manager about it, they came back and gave him
six more shovels full . Mayor Rollins said it took six months to
get some gravel out on Wilson Avenue. He suggested that a reso-
lution be put on the agenda when such requests come in.
MAYOR'S REPORT:
Mayor Rollins asked if we changed any of the lights between
King Street and Wirt Street - Mr. Pumphrey is very distressed -
he can 't see to unlock his door at 5 : 30 in the morning? Mr.
Niccolls said the changes started about in front of the theater
and then head east. There may have been some effect on his prop-
erty, but the street lights are meant for the streets, not for
private property. Mayor Rollins thought this should be designed
to light up the places of business along the streets. Mr. Nic-
colls did not agree, but many people believe the lights are there
to protect them. In a practical sense, we don ' t do that - the
lights are too few and they are almost randomly placed in rela-
tion to the businesses there. There are many parking lots that
we don ' t light at all . Mayor Rollins said these lights were in-
creased some time ago so that they would shed light on the busi-
nesses . Mr. Hill agreed - there were problems with security and
surveillance at that time - there were a lot of burglaries and
vandalism. Mayor Rollins asked what has been done and what has
been changed? Mr. Niccolls said there were 20 fixtures that were
changed from 40 , 000 lumen to 14 , 000 lumen. The amount of light
has been reduced but it has not been reduced on the streets ap-
preciably . Mr. Hill said there are a lot of people who thought
the lights are too bright. Mayor Rollins said there are a lot of
people who want to go back to the old lights. Mr. Niccolls
said the town did have some complaints about the amount of
light downtown, and there is a direct cost saving of $2, 800
per year, which represents about 10 percent or more in our
street light cost.
Mayor Rollins asked Mr. Niccolls if he has talked with Mr.
Shope about the problem on Dry Mill Road? Mr. Shope asked him
to submit a letter stating the amount of the claim, etc. Andy
investigated the matter and found the service lateral had been
installed at the reverse slope by the contractor and got buried
in that condition, so it is true that Mr. Vorous is entitled to
reimbursement. We need a statement from his contractor stating
the amount and a written statement from him as to the amount of
the claim. A letter was written to Mr. Vorous today.
Mrs. Hill asked if the locks have been put on the log cabin
windows? Mr. Niccolls said he will check on this .
MINUTES OF OCTOBER 22, 1980 MEETING. 3
1
Mr. Tolbert asked if there has been settlement of a claim J
by the Ingrams and the Caulkins concerning loss of shrubbery on
their property? Mr. Niccolls said they referred the claims for
loss of a number of dogwood trees and small shrubbery in their
back yards that apparently died because of wet ground. The
claim was that the wet conditions were caused as a result of the
town abandoning the diZerega spring and causing flooding. The
entire packet was sent to the insurance company. The investigator
looked at the conditions and t the record and denied the claim.
A copy of our statemenV7EosRPg. Ingram and Mrs. Caulkins and asked
them to let him know if they wished to pursue it further. The pro-
cedure in such claims is to take a written statement and assist
the claimant in making a claim that is complete to the insurance
company - the insurance company either approves or denies it.
Then it is up to the damaged party to pursue it further, either
by making a claim to the Council or bringing a suit. In this
case he didn 't know what he would have done - he couldn ' t tell
from the record whether it was rainfall or flooding of the
spring. Mayor Rollins asked how long our policy runs? Mr. Niccolls
said it is an annual policy - he was not certain of the expiration
date. Mayor Rollins asked how we award these policies? Mr. Niccolls
said we negotiate the policy on an annual basis , based on long-
CD standing procedures that the Council established years ago. In
CO 1976, he prepared bid documents and solicited written proposals
(V from various insurance carriers . He was directed by the Council
at that time not to bid insurance. Mayor Rollins was not sure
Q we are doing this in the right way. He asked Mr. Hill, as a com-
mittee of one, to look at the Town ' s policies and advise whether
Q we should put these out for bid, negotiate them or how it should
be awarded. Mr. Hill said the town had two main carriers - Moore,
Clemens and Company and Armfield, Harrison & Thomas - they were
asked to review the town ' s insurance coverage at that time and
come up with recommendations. Mr. Hill said he is not for bidding
insurance, but he will be glad to do this. The County usually
lets insurance to a company for three years - there is a lot of
work and effort involved in setting this up. Mayor Rollins asked
if we are automatically renewing these every year? Mr. Niccolls
said there are sometimes minor adjustments. As an example, the
staff discovered that the town, despite written assurances from
the carriers that we had police professional liability, did not
have any kind of competent police professional liability insur-
ance. We also discovered that the carriers had omitted any in-
surance on our acreage at the Airport that had not been leased
to the FBO and that there was a $250, 000 hole in our policy be-
tween the upper limits of liability for the underlying policies
and the lower limit of the umbrella plan. They suggested to
the Finance Committee that it might be appropriate for the Town
to retain a competent insurance specialist. When we took pro-
posals for this, we found it was at great expense. Over the
past year, we have been working with MICA to put together a
thorough review of the plans. We would very much like assistance
from Mr. Hill to go over what we are doing now. We think the
coverages we have now are in pretty sharp order, but are concerned
about the bidding. Mayor Rollins said his comments were not about
the coverage, but whether it should be on a competitive basis, a
negotiated basis or some other method. Mr. Herrell said, if they
are going to put it out for bid, the important thing to decide is
whether to take the insurance out of town. Mr. Hill said the town
needs a voice here. Mr. Herrell agreed with this. Mr. Hill said
he would be glad to do this at no charge.
80-0-16 - ORDINANCE - AMENDING CHAPTER 5. 1, CABLE TELEVISION REGU-
LATIONS, OF THE TOWN CODE BY ADDING ARTICLE
XIII, CABLE TELEVISION ADVISORY COMMISSION.
On motion of Mr. Hill , seconded by Mr. Tolbert, the following
ordinance was proposed :
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. Chapter 5. 1, Cable Television Regulation, of
the Town Code is amended by adding thereto Article XIII,
Cable Television Advisory Commission, to read as follows :
MINUTES OF OCTOBER 22 , 1980 MEETING.
332 ARTICLE XIII Cable Television Advisory Commission
Sec. 5 . 1-61 . Commission established generally.
(a) The Leesburg Cable Television Advisory Commission
is hereby established. The Commission shall consist of
five members who shall be residents of the Town. The
office of any member shall be vacated if he or she becomes
a non-resident of the town . Any vacancy shall be filled
for the unexpired term in the same manner as provided
herein for original and subsequent appointments. Members
shall serve for terms of four years . The first five mem-
bers ' terms shall end on June 30 , 1983, with ensuing terms
ending every four years thereafter. The Mayor shall ap-
point three members by and with the consent of the Town
Council and two members shall be appointed by Franchisee
by and with the consent of the Town Council . No member
of the Commission shall have any interest in Franchisee;
be an officer, director or employee of Franchisee or its
contractors; or be an elected official or employee of the
Town. Members of the Commission shall be subscribers of
the cable television system during their terms when ser-
vice is available to their residences .
(b) Members shall be paid $600 each per year by the
9bw'n, payable in equal monthly installments . Members shall
be reimbursed for actual expenses incurred in the exercise
of their functions subject to the availability of funds
appropriated for the purpose and as approved in advance by
the Town Manager .
(c) The Commission shall elect its chairman annually
and the Town Manager, or his designate, shall serve as secre-
tary . The Commission shall meet monthly or more often as
determined by the Commission .
Sec . 5. 1-62 . Powers and duties.
The Commission shall have the following powers and
duties :
(a) To adopt rules governing conduct of its business
and meetings .
(b) To maintain a continuous oversight and review of
cable system operations and advise the Town on Franchisee ' s
compliance with the terms of this contract.
(c) To encourage the use of access channels among the
widest range of institutions, groups and individuals and to
monitor Franchisee ' s access policies and practices, includ-
ing charges for these services to insure compliance with
Section 5 . 1-42 of the Town Code.
(d) To make recommendations of general policy to the
Franchisee relating to the service provided subscribers
in the operation and use of access channels with a view
of maximizing the diversity of programs and services to
subscribers .
(e) To review Franchisee ' s proposals for rate revi-
sions and make timely findings of fact and recommendations
regarding rates to the Town .
( f) To make suggestions to the Franchisee for ap-
propriate local origination and public access program-
ming, and to resolve disputes regarding non-commercial
use of time on access channels.
(g) To assist public access and other channel users
with grants and other resources made available to the Com-
mission.
MINUTES OF OCTOBER 22, 1980 MEETING.
(h) To identify and pursue sources of funds for 333
local programming.
(i) To review and make recommendations to the Town
on proposed annual budgets for Town expenditures related
to cable television .
(j ) To review, investigate and make findings of fact
relating to compliance and disputes arising from sub-
scribers and other users of the system.
(k) To .-require that Franchisee prepare and make
available to the public its current policies and charges
for commercial and non-commercial use of studio and mo-
bile television production facilities and access to chan-
nel time on the cable television system.
SECTION II . This ordinance shall be in effect upon its
passage.
Mr. Hill thought the $600 per member per year payment was struck
and the amount to be determined by the Council . Mayor Rollins
CO said this was in the contract and we have set an amount. Mrs.
Hill asked if the members should select the chairman and vice-
CO chairman? Mr. Herrell said that is up to them. Mayor Rollins
(v said this does not say when the members are to be appointed.
W He thought the ordinance stated that they would be appointed
Q within three months of the execution of the franchise. Mr.
Q Niccolls recalled that the contract said "shall be created by
that date. " Unless the Mayor or Franchisee fails to make the
appointments in time, he did not feel they would have to legis-
late on something that is going to pass immediately. A section
could be inserted to say the first appointments shall be made by
a certain date and that would not end up in the Code - this
would be a temporary provision. Mayor Rollins asked, if he
wanted to appoint Mr. Hill and he did not have the system avail-
' able to him until the eighth month, would he be eligible for
appointment? Mr. Niccolls said he would - the ordinance says
members shall be subscribers when service is available to their
residences . The Franchisee is required to wire in front of every-
one ' s home within the nine-month time limit. Mr. Herrell said
you would have to subscribe at the time it is available - if you
are on the Commission and don 't subscribe, you would have to re-
sign. Mayor Rollins felt members should be reimbursed for any
expenses incurred in connection with their duties, or else not
be reimbursed., As it reads now, '.they would be reimbursed if funds
are available. Mrs . Hill said no other Commission is reimbursed
for expenses . Mr. Niccolls said an item for Commission expenses
will be budgeted from the FCC application. In order to justify the
extra 2 percent franchisee fee, we will need to show a budget to
the FCC. This really contemplates a small appropriation to be
standing each year for the Commission. The ordinance was unani-
mously adopted:
Aye: Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay : None.
80-0-17 - ORDINANCE - AMENDING THE ZONING MAP .
On motion of Mrs. Hill, seconded by Mr. Willis, the follow-
ing ordinance was proposed:
WHEREAS, Rezoning Application UM-29 by SRL Properties, Inc.
was referred by this Council to the Planning Commission on
July 9 , 1980 ; and
•
WHEREAS , the Planning Commission, on August 21, 1980, held
a public hearing on the application for rezoning; and
MINUTES OF OCTOBER 22, 1980 MEETING.
334
WHEREAS , the Planning Commission, on September 5 , 1980 ,
recommended to this Council that the proposed rezoning
be favorably considered contingent upon certain proffered
conditions; and
WHEREAS, this Council, on October 8, 1980, held a public
hearing on the proposed rezoning and received a proffer,
in writing, from Charles A. Ottinger, attorney for SRL
Properties, Inc . , setting forth certain conditions which
would become a part of the rezoning request:
THEREFORE, ORDAINED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I . The Leesburg Zoning Ordinance is amended to .
revise the Zoning District Map to change from F-1 to M-1,
89 , 576 square feet of land, located on the north side of
Catoctin Circle and bounded by Joffe Properties on the
north, other lands of SRL Properties, Inc. on the east,
Catoctin Circle on the south and Harrison Street Extended
on the west, in accordance with a plat prepared by Bengt-
son, DeBell and Elkins, Inc. , dated July 31, 1979 , sub-
ject, however, to the following proffered conditions sub-
mitted in accordance with the provisions of Section 11-8-4
of the Leesburg Zoning Ordinance:
1. At SRL Properties , Inc. expense, •
Install an additional drainage pipe under Catoctin
Circle at its intersection with Town Branch, thereby
increasing the capacity for drainage on the town
branch, and to construct an earth berm on the east side
of the creek, next to the dedicated portion of Harrison
Street which has not been constructed, all in accord-
ance with the plans and specifications prepared by
Bengtson, DeBell, Elkin and Titus, Consulting Engi-
neers and Surveyors, and as reviewed and approved by
the Director of Engineering.
2 . Perform the essential construction for erosion and
siltation control,
3. Provide proper performance bonding with surety, in
form acceptable to the town attorney.
4 . Pay a review and inspection fee to the Town in the
amopnt of three-quarters of one percent (3/4ths of
1%) of costs of improvements,
SECTION II. This ordinance shall be in effect upon its
passage.
Mr. Hill asked if the additional drainage pipe will be about the
size of what is already there? Mr. Titus, engineer for the appli-
cant, said it will take it now, but it won 't take 100-year flood.
Mayor Rollins asked if Harrison Street Extended, when constructed,
will go to the east of the existing waterway? Won ' t it be very
close to one another? Mr. Niccolls said there will have to be
some fill . Mr. Bos thinks this is a reasonable rezoning. Mr.
Herrell said he will abstain from voting since he is interested
in one of the lots . The ordinance was adopted by a vote of 6
to 1 abstention:
Aye: Councilmembers Bos, D. Hill , M. Hill, Tolbert, Willis
and Mayor Rollins.
Nay : None.
Abstention : Councilmember Herrell.
MINUTES OF OCTOBER 22 , 1980 MEETING.
PROPOSED RESOLUTION APPROVING AN ANALYSIS OF MISCELLANEOUS 335
FEES AND CHARGES.
On motion of Mrs . Hill, seconded by Mr. Willis, a resolution
was pro ose V approve an analysis of miscellaneous fees and
charg 7g9s RRnagement Improvement Corporation of America. Mr.
Niccolls explained that this was a part of the work program
for MICA and is merely for Council ' s consideration. Legisla-
tion will have to be prepared to implement any new fees and
charges and a public hearing will be necessary concerning a
portion of them. After lengthy discussion, on motion of Mayor
Rollins , seconded by Mr. Tolbert, Council voted unanimously
to table this proposed resolution and instructed the manager
to prepare an ordinance and comparison with other localities:
Aye : Councilmembers Bos, Herrell , D. Hill, M. Hill , Tolbert
Willis and Mayor Rollins .
Nay : Nay.
80-109 - RESOLUTION - APPROVING THE SITE SELECTION REPORT FOR THE
PLAZA STREET PARK.
CD On motion of Mr. Hill, seconded by Mr. Herrell, the following
resolution was proposed :
CO
(v WHEREAS, Earth Design Associates was retained to select
W a site and prepare a preliminary design of the Plaza
Q Street Neighborhood Park, a park to be funded by a grant
Q approved by the Department of Housing and Urban Develop-
ment; and
WHEREAS , the "Site Selection Report for the Plaza Street
Park" was received October 10, 1980 and reviewed by the
Finance and Administration Committee:
THEREFORE, RESOLVED by the Council of the Town of Leesburg
in Virginia as follows :
SECTION I. The Site Selection Report for the Plaza Street
Park prepared by Earth Design Associates is approved.
SECTION II . The selection of sites designated "A" and "A-1"
is approved and the Manager is authorized to enter into
negotiations with the owners of the tracts to determine the
cost for land acquisition and to report the results of these
negotiations to the Utility and Public Works Committee.
Mr. Niccolls said Mr. Barry Stark, the landscape architect, is here
tonight and was present at the committee meeting last week. Mr.
Stark said they started out with the development of a program, which
was the result of questionnaires sent to the residents of both
Loudoun House and Leesburg Village apartments , Loudoun House being
the major target area. The three main criteria were: (1) the
physical features of the site; (2) the accessibility of the site
and ( 3) land values in order that they might have as much as pos-
sible for equipment for the park. They finally came up with the
site of land adjacent to Loudoun House Apartments and then with
an optimum cost estimate. Mr. Hill believed the site selection
is very good. Mayor Rollins asked who will utilize this park?
Mr. Niccolls said it will be used principally by Loudoun House
residents - it will be a public park and will have a publicly
identified access on Plaza Street. It will be a public facility .
Mr. Hill asked about use of the pool? Mrs. Gouveia, the
Manager of Loudoun House, said they made the offer for use of the
pool and they are willing to work out some type of billing system.
This will still be open for negotiation. In the past she has let
anyone in for a small fee. Mayor Rollins understood then that
anyone can use the pool for a small fee . Mrs. Gouveia said this
is true . Mayor Rollins understood the Town will supervise the
Park? Mr. Niccolls said supervision will be by the Police Depart-
ment. It is our intent to light the area so that we won 't en-
courage 24-hour use. There is some light on the site by Loudoun
House. The Town can set hours for use of the park and enforce
336 MINUTES OF OCTOBER 22 , 1980 MEETING.
them - we will have title to the land. Mr. Willis said he 'believed
it was hoped to be able to get the County to staff it in daytime
hours to issue equipment, etc. Mr. Herrell asked if there will be
fencing around the park? Mr. Niccolls said No, but there will be
segregation of uses by certain physical features - .landscaping,
change of grades, perhaps some low walls or fencing to keep tots
in a confined zone, but not to keep anybody in or out. Mayor
Rollins thought there should be fencing for security reasons,
and for protection of those using the park . There should be a
way to channel people into the park - not come from all directions .
Mrs . Gouveia said they put a 10 o 'clock curfew on use of the basket-
ball courts presently there . Mr. Stark said it must be policed,
but it should have enough light . He felt they could easily control
it by fencing the basketball court or something similar. Mayor
Rollins asked what facilities will be on this park - is this (re-
ferring to the report) exactly what is going to be there? Mr.
Niccolls said there will be construction drawings, in much greater
detail, and there will be pictures of equipment that will be sug-
gested for installation, etc. Mr. Hill felt there should be some
input from residents of Loudoun House, etc. He thought there was
to be a committee appointed on this . Mr. Niccolls said a committee
has not been appointed yet, but will be . Council will be making .
the final decision on the equipment and construction details such
as lighting, fencing, etc. The creation of the committee will be
up to the Council. Mr. Minor said questionnaires were sent to
every resident of Loudoun House and Leesburg Village, and we:r-eceived
around 180 responses, representing over 200 people. From that,
Mr. Stark identified picnic facilities, basketball courts, volley
ball courts , a clay fountain and various other facilities - based
on priorities from the questionnaires . Mr. Stark said the next step
would be to take the schematic drawings and meet with the committee,
then back to the Council to see if this is what they want. Now is
the time for such things to be coming out . Mayor Rollins felt the
whole park should be fenced. The property adjacent to the park, when
developed, would provide access from all sides . Mr. Herrell felt
the;:basketball courts , volley ball courts, etc. should be fenced
to keep people from walking through when others are engaged in a
game.• Mayor Rollins said any park that is utilized by a lot of peo-
ple will have to have supervision at all times. Mrs . Gouveia said
she is 100 percent for a park - she felt this was proved by the
questionnaires . She did not feel it would give any immediate prob-
lems , but there will be a certain amount of vandalism. There will
have to be some kind of supervision. She said she could aid during
the day . Mr. Minor said the committee might be able to give some
assistance - they could ask for volunteers. Mr. Willis said it
was the intent to have some participation.:from-.the local .group.
Mr. Bos asked for comments from the negative side of the question-
naires . Mr. Minor said, in submitting the pre-application, the
principal thought was Loudoun House, From a tactical point of
view, we included Leesburg Village. The resident manager would
give us no help. Mayor Rollins said some little child will get
hurt and then they will be here to say they need some supervision.
Mr. Minor said this may be true. They hope there will be some
recreational leaders for the summer and there should not be that
much activity in the winter months . Mr. Stark thought this an
excellent site from supervision purposes . There will have to be
some regrading on the Wallace lot, so this would form a natural
barrier. Mr. and Mrs. Gouveia said they would like to see it go
forward. The resolution was unanimously adopted:
Aye: Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay: None.
80-110 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A CASH
PERFORMANCE BOND FOR INSTALLATION OF PUBLIC
IMPROVEMENTS FOR PARKER SUBDIVISION, LOT 4 .
On motion of Mr. Tolbert, seconded by Mrs . Hill, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
MINUTES OF OCTOBER 22 , 1980 MEETING. 337
The Town Manager is authorized and directed to execute
the standard agreement, and a cash performance deposit
in the amount of $3, 701 . 50 is approved, both of which
are to guarantee installation of public improvements
for Parker Subdivision, Lot 4 , all in accordance with
plans approved by the Director of Engineering for the
Dick ' s Muffler Shop development.
Mrs . Hill said the Planning Commission, at its last meeting,
gave both preliminary and final approval to the plan. The resolution
was unanimously adopted :
Aye: Councilmembers Bos, Herrell , D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins .
Nay : None.
80-111 - RESOLUTION - GRANTING VILLAGE SQUARE ANTIQUES PERMISSION
TO HOLD ANTIQUE SHOWS IN LEESBURG ON SUNDAY, .
JUNE 21 , 1981 AND SUNDAY, OCTOBER 4 , 1981 .
On motion of Mr. Herrell, seconded by Mr. Tolbert, the follow-
ing resolution was proposed :
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I . Village Square Antiques is granted permission
to hold antique shows on the streets of Downtown Leesburg
on Sunday, June 21, 1981 and Sunday, October 4 , 1981 in
the following locations :
King Street West side from Loudoun Street to Cornwall
Street;
Loudoun Street North side from Wirt Street to Church
street;
Market Street South side from King Street to Theater;
and
Upper part of parking lot surrounding the Log Cabin.
SECTION II . Ten percent of rental fees derived from said
antique shows shall be given to the Loudoun Restoration
and Preservation Society, Inc .
SECTION III . Village Square Antiques shall show proof of
liability coverage in the amount of $500, 000 , with the
Town of Leesburg named as additional insured, said endorse-
ment to be provided to the Town one week prior to the shows.
SECTION IV. Vendors ' license shall be waived for all ex-
hibitors for the above dates .
Mr. Herrell thought this project has been very successful - the
merchants do very well and everyone seems to enjoy it . The reso-
lution was unanimously adopted:
Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, '
Willis and Mayor Rollins . p
Nay: None.
80-112 - RESOLUTION - AUTHORIZING PURCHASE OF POLICE VEHICLES AND
MAKING AN APPROPRIATION.
On motion of Mr. Tolbert, seconded by Mr. Willis , the follow-
ing resolution was proposed :
RESOLVED by the Council of the Town of Leesburg in Vir-
ginia, as follows :
338 MINUTES OF OCTOBER 22 , 1980 MEETING.
SECTION I . The Manager shall enter into purchase agree-
ments with Leesburg Motors , Inc . , P. O. Box 1202 , Lees-
burg, and Holler Motor Company, Inc . 37 West Market
Street, Leesburg, for the purchase of one police vehicle
from each at a cost of $7, 710 . 00 and $7, 750 . 00 respec-
tively.
SECTION II . An appropriation is made from the General
Fund to Account No. 9010 . 801 in the amount of $15, 760 . 00
for the fiscal year ending June 30 , 1981 .
Mr. Herrell explained that Chief Kidwell wanted to try the Buick
for performance. The resolution was unanimously adopted:
Aye: Councilmembers Bos, Herrell, D. Hill, M. Hill , Tolbert,
Willis and Mayor Rollins .
Nay : None .
Mayor Rollins asked if it is the intent of the councilmembers
to receive copies of all committee meeting minutes? After some
little discussion, it was decided that if any member wants a copy
they can ask for it. This is being done merely to comply with
State law. Mr. Niccolls said these minutes will contain date,
time and place of the meeting, those present and the actions by
the committee.
Mayor Rollins said he wanted to discuss a procedural matter
concerning the proposal of the County with regard to the location
of the Group Home. He understands that, when the County applies
for approval of the Planning Commission for group home, it (the
Commission) will have to report to the Council its findings and
decision. When we get this , Council can then, if it wants to,
take action to disapprove the Planning Commission ' s decision.
It can have a motion to override the Commission . The owner has
a right of appeal to this body within ten days from the date of
the decision by the Planning Commission . Mrs . Hill said one of
the things the Planning Commission will be looking at is whether
or not it is in accordance with the Comprehensive Plan. Mayor
Rollins said, if the Council turns it down, they can determine
whether or not they want to take it to Court. There was discus-
sion concerning when the 60 days would start, as well as this
particular application for a group home at 40 West Loudoun Street.
Mr. Niccolls said this will be coming to the Council by way of a
report from the Planning Commission.
On motion of Mr. Hill, seconded by Mr. Tolbert, Council voted
unanimously to go into executive session to discuss personnel and
certain legal matters :
Aye : Councilmembers Bos, Herrell , D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay: None.
On motion, duly seconded, Council reconvened with no action
taken.
On motion, duly seconded, Council voted unanimously to adjourn.
l
Mayor
Clerk of t�}e Council