Loading...
HomeMy Public PortalAbout1980_12_10 364 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 10, 1980 . A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on December 10, 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. Hill . Present were: Mayor Kenneth B. Rollins, Councilmembers Charles A. Bos, G. Dewey Hill, Jr. , Marylou Hill, John W. Tolbert, Jr. and How- ard M. Willis, Jr. ; also Town Manager John Niccolls, Assistant Manager Jeffrey H. Minor, Director of Engineering Andrew G. Shope and Town Attorney George M. Martin. Absent from the meeting was Councilmember Stanley D. Herrell, Jr. The minutes of the regular meeting of November 12 , 1980 were approved as written. PETITIONERS : Mr. Benjamin C. Lawrence read a letter to Mayor Rollins on behalf of the George C. Marshall Memorial Committee expressing appreciation and gratitude to Mr. Niccolls, Town Manager, for assistance in the completion of the memorial. The contractor fell down on the job and Mr. Niccolls, with the help of his staff, provided the brick work on a temporary basis . Mr. Niccolls re- sponded with appreciation but said he did not do the brick work - the Public Works Department did. He commended the Police Depart- ment and the Public Works Department - they put a lot of. effort. . and pride into these special things - parades, etc. Mayor Rollins congratulated Mr. Lawrence and those who worked with him on this affair- it has been said it is one of the outstanding events in the life of Leesburg . He also commended Mr. Niccolls and the staff for the part they played. PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS . A public hearing was held on proposed amendments to the Sub- division and Land Development Regulations . There were no comments from the public. Mrs . Hill said Mr. Herrell was opposed to Sec. 13-64 . Mayor Rollins referred the proposed amendments to the Finance and• Administration Committee for action at the next ses- sion of Council in January . PUBLIC HEARING ON COMMUNITY DEVELOPMENT PREAPPLICATION. Mayor Rollins explained that this hearing is held for comments from the public as to what projects they might suggest for improve- ments if funds are approved from the Department of Housing and Urban Development. Mrs. Peggy Smith, a resident of Washington Street a short distance from Edwards Ferry Road , had questions concerning articles in The Lamplighter, the Town ' s newsletter recently distributed. She referred to the article on the Plaza Street Park quoting facts concerning the HUD funded apartments in the Plaza Street-Edwards Ferry Road area . One of these quotes concerned the fact that questionnaires were distributed to tenants at both Loudoun House and Leesburg Village apartments . She asked why questionnaires were not distributed to all the residents in Leesburg? Mr. Niccolls explained that this project is a Community Development Single Purpose Grant project approved in early February of this year. - This project was the subject of public hearings a year ago . The proposal was to construct a park for low and moderate income families in this area. The size of the park and the funds avail- able vail able dictated that it could not be a true neighborhood park serv- ing a broad population . In order to be eligible for Federal funds, it had to be in the immediate area of the park population. That ' s why the questionnaires were sent to those particular people. It is available to all the people but it is eligible for HUD funds be- cause it serves this particular population. It would have been mis- leading to send this questionnaire to all the residents by making the people think they were building a park to serve all of east Leesburg . MINUTES OF DECEMBER 10 , 1980 MEETING. 365 Mrs . Smith ' s next questions concerned the proposed South Harrison Street redevelopment project, which is also to be funded by HUD. Who are the present owners of this property on Vinegar Hill ? Mr. Niccolls replied - they are VEPCO (the major landowner) , Mr. Sollars, Mr. Blankenship, Perry Engineering, Clarence Jewell and Leesburg Iron and Metal . In addition, the project area will encompass some 34 acres of land involving single family homes on South Street, a few. On Harrison Street and; East Royal Street. These people ' s homes will also be affected and bene- fited, we believe, by the project on South Harrison Street through activities conducted with these funds . There is . an arrange- ment with the Loudoun County Housing Office to target housing re- habilitation loans and grants to the homeowners who would be eli- gible for low-interest loans . Mrs. Smith felt the industrial commercial park in this area would be good. However, this article states that curb, gutter, sidewalks and lighting would be needed. In this light, she has requested the town, on many occasions, to come and do something about the water that stands in front of her house when it rains . She would like something done about her area. Mayor Rollins said he had looked at this and there is some water that ponds at her driveway . He asked what it would cost to correct this situation? Mr. Niccolls said there would have to be some pipe CO installed and he .will look into it•.'.further to see •what could be CO done and what it would cost. The Public Works Department, on is- suance of his work order, did some grading last spring in an effort to W reduce the ponding. Mr. Hill said this area is flat - similar to an area of Dry Mill Road. He thought storm drainage would have to go Q down Washington Street in front of the apartments. Mayor Rollins Q said the system was not put in deep enough . Concerning renovation of the W & 0 D freight station, Mrs. Smith thought a restaurant would be good, but she felt the pur- chase and renovation should be done by someone who would like to do it . As to the residential land for town house development, she was opposed to this - it would be another Loudoun House . Loudoun House was and is a mistake for the Town of Leesburg. Only the ' people living there or adjacent to it are aware of what an eyesore it is and has become. This proposed park will be a gathering place for every drug pusher, wine-o ' s, gangs , prostitution and who knows what else. Mr. Hill told her that the Chief of Police felt one centralized park would be better than three or four scattered over the town. Most of the councilmembers live past Edwards Ferry Road and she doubted that any of them would ever go near this park . She strongly urged and recommended that each councilmember, the Mayor and the Manager seriously consider this plan that has been recommended as a package deal on Vinegar Hill and this so-called park . She asked that they remember they are voting for all of the townspeople. Mr. Willis said he lives on Ayrlee Ave. now but he lived in Leesburg Gardens Apartments for three years prior to that and he is well aware of the situation in that area. Mrs . Hill said Mr. Herrell lives on Sycolin Road. Mr. Bos asked Mrs . Smith if she envisions that problems at Loudoun House will get worse because of this park? Mrs . Smith said the Manager of Leesburg Village Apartments has asked (on WAGE Radio) that they put a library there and let them get some educa- tion. Mr. Bos said this is all Federal money. Mrs . Smith was aware of that, but the Town will have to maintain the park, just as they have to maintain police protection in this area. As a taxpayer, her money is going for food stamps for people living in this area. That unit is not being utilized for the program that HUD originally set it up for. Mr. Hill said Mr. Kidwell ' s comment was that, if you can keep the problems in a target area, it is easier for them to provide supervision and other services . If there are several parks in town, this spreads them out too thinly. This does not mean that there should be only one park - in fact, he (Mr. Hill) thinks there should be as many parks as necessary to serve the people. Mrs . Smith asked if he honestly believes a park will help the situation in that area? Mr. Hill said it is hoped that a park will allevi- ate the problem of people cutting across yards and tearing up gar- dens along Edwards Ferry Road. Mayor Rollins also hoped it will. MINUTES OF DECEMBER 10 , 1980 MEETING. 366 Mrs . Smith did not agree with this - she would like to see a library there to help educate these people. This could be used by every- body in town. Mr. Hill said they are considering a cultural cen- ter in Leesburg in the future - perhaps to serve all of Loudoun County . This park would give some of these youngsters something to do during the spring, summer and fall instead of exploiting properties on Edwards Ferry Road . Mrs. Smith said she had a car stolen from her driveway and one shot with be-bees or something. Again, she does not think the park will help any of these problems - instead, she thinks it will prove a problem. There was no-one else to speak concerning this proposed park . MANAGER'S REPORT : (1) The Lamplighter was in the mail earlier this week. The Capital Projects Report has been prepared and distributed, as well as a cash report from the Director of Finance. There must be an error in the cash balances in the General Fund - Mr. Taylor will have to correct this . (2) The staff has arbitrarily set January 5 and 6 for the next committee meetings. If this is not satisfactory, the chairmen of the committees can make a change. (3) Under personnel actions, we have hired a gentleman who was formerly with the Town of Purcellville in the Water and Waste- water Department. He holds some licenses that are beneficial to us, particularly when we staff the operation of the new Water Treat- ment Plant. Council will be receiving a copy of a report and plan prepared by Randy Shoemaker on how to staff and operate the new plant . He (Mr. Niccolls) is very encouraged that his plan shows we will need far fewer employees than they had previously thought. The concept is to operate the Plant jointly with the Sewage Treatment Plant , i .e . employees trained in laboratory work in the STP will be cross-trained in the WTP. Employees doing maintenance activities will be cross-trained to work at the WTP . The staff will be pro- posing an increase of only two people in the Utility Division that will be necessary to operate the new plant. This takes into account a savings of about 1-3/4 employees that is being made by eliminating the night shift at the STP. This will keep the personnel costs low at the WTP . Between now and next December we will be taking a number of steps to be sure that we can start that plant and operate it next December. That will include training our employees and making sure they are out at the plant, seeing it constructed and becoming familiar with the mechanical systems . So the first step is well under way. He thinks Council will be impressed by the quality of the work and thought that went into Mr. Shoemaker ' s report. (4) Reimbursement has been received from Storer for the ex- penses incurred in letting the cablevision contract. (5) Monday at 5 : 00 P.M. is the deadline for filing this pre- application we have been working so frantically on. This is a com- prehensive multi-year project that is being designed and it is far more work than we 've been used to in preparing this preapplication. It was our intent to have the entire application to you tonight. in lieu of that, you received a four or five-page summary from him at your homes . He hoped they might have some comments or questions on it. The application is a very lengthy document and to justify that amount of money it should be since this is five or six times our annual tax collection. (6) The written activity report shows a number of dwellings for which permits have been issued. (7) He has already complimented the Street and Police Depart- ments concerning their work on the George C . Marshall ceremony. ( 8) We have shifted into the pre-Christmas parking - we took the old meters down and the new ones will be installed in time for January . 367 MINUTES OF DECEMBER 10, 1980 MEETING. (9) Concerning the parking lot lights next to the theater, three years ago VEPCO advised that they could no longer get the bulbs for the old incandescent type lights, so they have been changing these either to the mercury vapor or the high pressure sodium lamps . These operate more efficiently and give more light for the amount of wattage. It seemed appropriate that we shift over to the colonial type of fixtures on the concrete poles that are used elsewhere in this lot and in the Vinegar Hill lot. A plan was secured from VEPCO on how to light that lot with the fewest number of bulbs and covering the area. He understands that there has been some criticism that it does not provide as much light on the ground as the old fixtures . He feels it is adequate - compared to the Vinegar Hill lot, it is bright. (10) Mr. Shope has secured an agreement from Washington Gas Light to put meters inside in the Old and Historic District. (11) A police cruiser was heavily damaged last night. The Chief has three police patrol equipped vehicles. We also have the Chief ' s car, which is not much of a patrol vehicle any more, and a Community Relations wagon which is used for training and other activities . We have the investigator ' s car - a 4-door Maverick and that' s it. He believes that, with the maximum number of police officers we put on the street at one time ( 3) , we can get by. We have two vehicles on order and they may not be in until February. We received an estimate for repair from the in- surance company of $3500 on the damaged vehicle, but there are a couple of items still open on the transmission and rear end. Ap- parently it is not a total loss and they want to repair it. This car was in another accident a month ago (also not the fault of the officer) . We will negotiate with the insurance company to be sure it is repairable for police duty. He saw no reason for any action to order another car at this time. Mr. Hill suggested ask- ing the insurance company to furnish another car, however, when it was learned that the other driver had no insurance, this was not feasible. Mrs . Hill suggested using the canine car. Mr. Niccolls said this will be done . (12) Century Aviation has filed bankruptcy under the reorgani- zation provisions of the Federal Act. That, in effect, stays a lot of actions, including any suits, claims and all kinds of things. We can expect there will be a period where we will be receiving no funds. We should have Mr. Martin check at the Bankruptcy Court to be sure our interests are protected - we need to be sure that the Court does not allow services at the Airport to deteriorate. A receiver will be appointed to operate the Airport. Mr. Minor said they talked with Mr. Jim Lewis, who acted as our bankruptcy attorney about a year and a half ago when we thought they were going to file, and he will be keeping an eye on this for us. He and Mr. Martin will come up with something. COUNCILMEMBER INQUIRIES AND COMMENTS : Mr. Bos said he and Mr. Hill will be attending the first meet- ing on the Resource Management Plan on December 16th. He has re- ceived a couple of inquiries concerning making North Wirt Street one way from North Street to its end. One lady is willing to poll the neighborhood. Mr. Niccolls said he had one conversation with the Police Chief about this and he will get back with him on this . Mrs. Hill said she had been asked about this also . She talked with some of the people on Union Street and they are very opposed - it would make them take the long way around the block. Mr. Bos com- mented on the message on his last pay check - "True frienship is a plant of slow growth. " Mr. Hill said Mrs . Smith asked, in their phone conversation last night, why the sewer rate is double the water rate. He in- vited her to go through our Sewer Plant to see what is involved in treating sewage v. pumping water out of the ground - it costs twice as much to treat sewage as it does to pump water for human sewage discharge. We will be saving some costs down there - our staff at the Plant will be making some changes to accomplish this. Mrs . Smith said she has been through a sewage treatment plant, but not through ours. Mr. Hill thanked her for coming and encouraged her (as well as all citizens) to attend Council meetings regularly. 368 MINUTES OF DECEMBER 10 , 1980 MEETING. MAYOR' S REPORT: Mayor Rollins noticed in the Star that the 911 emergency num- ber has been approved by NVPDC for Arlington, Fairfax, Fairfax City and Leesburg. According to the story, Leesburg had agreed to join it. He was not opposed to this but thought the cost should be known. Alexandria will be contributing, beginning May 1, in the neighborhood of $26 , 000 . Leesburg ' s cost will not be anything like this much, but he could not recall that we have said we would join it. Mr. Willis said the Fire Marshal has been working on this for the last couple of years and, now that Arlington has decided to go with it, Loudoun County is almost forced to do this . Mrs . Hill understood that the County had appropriated $27 , 000 for it. Mr. Willis understood that this included Leesburg. Mr. Niccolls said we have been invited to participate in these meetings . He also said the County does our dispatching - so this would come under the County . He assumed the Sheriff is taking care of it . 80-133 - RESOLUTION - AUTHORIZING WATER AND SEWER EXTENSION PERMITS FOR LEEGATE INDUSTRIAL PARK. On motion of Mrs . Hill, seconded by Mr. Tolbert, the following resolution was proposed, with no objection to consideration tonight : WHEREAS , a planned development industrial park subdivision preliminary plat for Leegate Industrial Park adjacent to the Leesburg Sewage Treatment Plant on Route 7 has been received by the Loudoun County Planning Commission; and WHEREAS, Council has decided to consider extension of water and sewer facilities outside of the corporate limits on a case-by-case basis : THEREFORE , RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : A permit for the extension of municipal water and sewer works for Leegate Industrial Park is approved on the fol- lowing conditions : A. The permit shall be void if the water and sewer works for the subdivision are not completely in- stalled and ready for use by December 10 , 1983 ; and B. All requirements of the Loudoun County Subdivision Ordinance shall be met by the subdivider; and C. Final approval of the subdivision plans by the Loud- oun County Planning Commission; and D. Utility connection permit fees for water and sewer service have been paid. Mr . Niccolls explained that this relates to Cardinal Industrial • Park only in the form of the resolution - it is inside our one- mile jurisdiction - Leegate is not and it is east of Cardinal . Both of these have three-year time limits . Apparently Mr. Nalls needs assurance that the water and sewer will be available when it is needed. Mr. Nalls said they have discovered the County will not process their preliminary subdivision plat until they have a reso- lution from the town saying this would be in the service area. This would be an asset to the town, with some hope of having some development there . They say they will begin something in April of next year. They have filed the preliminary subdivision plat yester- day for nine lots. They are all north of the Northern Virginia Re- gional Park Authority land. They are about to file a permit for crossing the land of the Northern Virginia Regional Park Authority. This is the first phase of development and there are almost 400 acres altogether. The resolution was unanimously adopted: Aye : Councilmembers Bos , D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None. 369 MINUTES OF DECEMBER 10 , 1980 MEETING. 80-134 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A CASH PERFORMANCE BOND FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS FOR PARKER SUBDIVI- SION, LOT;26 . On motion of Mr. Bos , seconded by Mr. Willis, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The town manager is authorized and directed to execute the standard agreement and a cash performance bond in the amount of $5, 608 .00 is approved, both of which are to guarantee in- stallation of public improvements for Parker Subdivision, Lot 26 , all in accordance with plans approved by the Di- rector of Engineering . Aye : Councilmembers Bos, D. Hill , M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None. PROPOSED ORDINANCE TO AMEND SECTION 16-4 OF THE TOWN CODE. On motion of Mrs . Hill , seconded by Mr. Bos, an ordinance to amend Section 16-4 of the Town Code was proposed. Discussion disclosed that a section pertaining to cash performance bonds had been omitted. On motion of Mrs . Hill , seconded by Mr. Tolbert, Council voted unanimously to send this proposed ordinance back to the Finance and Administration Committee: Aye: Councilmembers Bos , D. Hill , M. Hill, Tolbert, Willis and Mayor Rollins . Nay : None . 80-0-18 - ORDINANCE - ADDING SECTION 17-79 TO THE TOWN CODE. On motion of Mr. Tolbert, seconded by Mr. Willis , the fol- lowing ordinance was proposed: ORDAINED by the Council of the Town of Leesburg in Vir- ginia as follows : SECTION I . Chapter 17 of the Town Code is amended by addition of a new section to be known as Section 17-79 as follows : Sec. 17-79 . Cable Television Companies . Every person engaged in the business of providing cable television service within the Town of Leesburg shall pay an annual flat rate license tax of $25. 00 Mr. Hill pointed out that, if the Town doesn 't do this, the County can set whatever amount it wants and hold the money itself. The ordinance was unanimously adopted: Aye: Councilmembers Bos , D. Hill , M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None . 80-135 - RESOLUTION - APPOINTING A PLANNING COMMISSION MEMBER. On motion of Mrs . Hill , seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS , the term of office of Katherine R. Curry as a mem- ber of the Leesburg Planning Commission expires on December 31, 1980, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : 370 MINUTES OF DECEMBER 10, 1980 MEETING. Katherine R. Curry is reappointed as a member of the Leesburg Planning Commission for a term of four years, the term of office to expire on December 31 , 1984 . Aye : Councilmembers Bos, D. Hill , M. Hill, Tolbert, Willis and Mayor Rollins . Nay : None . 80-136 - RESOLUTION - AUTHORIZING A PREAPPLICATION FOR COMMUNITY DEVELOPMENT SMALL CITIES COMPREHENSIVE GRANT FUNDS . On motion of Mr. Bos , seconded by Mrs . Hill, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia as follows : The manager shall file the preapplication dated December 12, 1980 with the United States Department of Housing and Urban Development for Community Development Small Cities Compre- hensive Grant Funds for the South Harrison Street redevelop- ment and revitalization project . Mr. Bos felt this is a fine project - it will provide a bigger tax base, increase the value of the entire neighborhood and improve the looks of a pretty bad looking section of town. Mrs . Hill felt the proposed Farmer ' s Market would be good too . Mr. ..Hill had some :questions - he did not like to see the town get into the housing market per se - to what extent would the town be involved in the purchase and sale of land? Would we be required to build low- cost housing and in turn re-sell it? He would prefer to see pri- vate enterprise do all these things . Also, to what extent would the town be involved with HUD concerning housing? Mayor Rollins also had these same concerns . It is an excellent innovative: idea -- there is no question that this area of town needs some:-:improve- ment . However, his philosophy is that this-type of improvement should be done by private industry - not by the Federal Government. He particularly felt a seafood restaurant on the site of the W & OD freight station would be an excellent idea, but it should be done by private industry . Mr. Niccolls said most people today share these concerns and they are legitimate. However, he felt this program has been de- signed around these concerns. Here they are talking about $2 . 5 million . The town routinely builds parking and provides water and sewer services . It recently spent $18, 500 to provide sewer service to one home and it certainly was not a low-income resi- dence . We have recently constructed parking and have rehabili- tated four or five buildings in the Old and Historic District, one of which was leased to John Warner ' s brother. We have free enter- prise in the log cabin. They have tried to design a program to do the same type of thing Leesburg has been doing - only in slightly different places and different ways , but still retaining the free enterprise aspect of the redevelopment concept. HUD is heavily into housing assistance . One of the most serious shortages today is housing for moderate income people (up to $21, 000). . How can anyone afford to buy a house in Leesburg today? The only houses selling in town now are townhouses : under $45 , 000 . They have, there- fore, tried to design a program around housing concerns . The fol- lowing are proposed activities developed for the town ' s application: (1) Housing rehabilitation . The proposal is to sign a con- tract with the Loudoun County Housing Office to extend services they are already providing in the County and aid persons who own homes in this area. This will pay dividends to the town because these homes will be assessed at higher rates. (2) Townhouse site development. These funds `will go to pay utility connection fees ( $4 , 100 for a home) , to purchase the land and to do some site development, such as curb and gutter, driveways and parking lots . The town will not be building the homes but will be seeking a proposal from a private developer to use the land, di- vide it for twelve units and build townhouse units to sell at an affordable price to low and moderate income families. The Virginia 371 MINUTES OF DECEMBER 10 , 1980 MEETING. Housing Development Authority will have low-interest loans avail- able to finance these houses . There are plenty of people who can use these houses and we can limit them to Leesburg residents . Private enterprise will be building these units and transferring them to the new occupants . It has been described as "another Loudoun House" - there is no way it can be like that. The importance of these first two activities is that HUD looks to the housing component to justify just about everything else that is done. We will be entering into some kind of contractual agree- ment with the developer to market these houses, with limitations . 3 . Street improvements. It is proposed to extend existing South Harrison Street southeasterly on the Park Authority right- of-way. Park Authority officials think this a good plan to re- solve a lot of access questions down there. We could lose Perry Engineering Company if they are denied access from a public street. Road building is not new to Leesburg - we build and maintain roads all the time. 4 . Street lighting. There is a small street lighting. -L component that is really a part of the street system. 5. Utility system improvements. This is nothing new to us either. There would be a water extension that would start on Ed- wards Ferry Road, connect to the transmission main and go on down to Harrison Street. It is necessary to have that main for commer- cial development. Since this will benefit areas outside the target area, they think half of it should be paid out of the Utility Fund. 6 . Recreation facilities . This would be a small park to serve the homes already there plus the 12 new units . This would be simi- lar to the North Street park. 7. Restoration of the historic freight station. It is pro- posed to use grant funds for the site cost and utility connection fees - not the building. We would find an investor who would ar- range his own financing for restoration of that structure. 8 . The Harrison Street Farmers.' Market . This would be a suit- able grant project - a lot of communities have such markets . Itis thought it could be operated on a cost-break even basis - perhaps even a revenue producing basis. This would probably operate from April to October. 9 . Industrial Park building development. This is where we get into really encouraging industrial activity. We are suggesting that the grant pay for the site improvements and utility connection fees . . All other expenses of putting up two commercially suitable buildings, on a speculative basis, would be borne from revenue bonds . He felt there would probably be contracts for these sites by the end of the project. It may not be necessary to build the buildings through our mechanism if the site is available. The building itself would be private. It shows in our budget because we have to balance the books to HUD. We would be involved in it through the Industrial Development Authority, but we wouldn 't be in the .business that di- , rectly . 10 . Business relocation. McKimmey ' s Feed Company is on land owned by VEPCO, with the buildings owned by three different people. It could'be forced out of business in any of several way - a fire, action by VEPCO, a change in policy by VEPCO or by the owners, or a death of one of the owners . We are proposing that the grant be used to pay relocation expenses, site development expenses and utility connection fees for a new building to put McKimmey ' s in the area . This is an essential part of the package. 11 . Industrial Park site development assistance. This is the big package - a lot of our planning money is in this where we do the land plan, the Subdivision Ordinance, the surveying, ..and the_s legal .expenses. We are also proposing funds in this to pay from grant funds, utility connection fees for new businesses locating there. Such fees are substantial and, basically, they would reim- 372 MINUTES OF DECEMBER 10 , 1980 MEETING. burse the community for these fees . This project would generate overall over $145, 000 in availability fees just from the activity we are proposing - in a sense it puts money back in the Utility Fund. Mr. Niccolls feels this is a combination of things we have already done and done successfully . This is why he is confident we can do this. Mr. Hill asked Mr. Niccolls he means that this will, in a sense, attract new indUistrial and commercial growth and, in effect, defer taxes for a few years? Mr. Niccolls said they have learned from industrial people at the State and County levels that what business needs is constructed space or, at the minimum, space that is developed so that all they have to do is put up their building. Mr. Hill agreed that we need to attract.more businesses and more jobs and retainthose who have been here all their lives. However, he wondered to what degree the town will "hang itself with HUD. " He doesn 't want to be locked down 100 per cent to Federal control . He wants Leesburg to do what it can on its own . Mr. Niccolls said since 1975 the Town has already dealt with HUD and received about $1 . 5 million dollars in grants and he did not know of any single action that was required that they would..not have done otherwise. Nobody forced us to build the park - Council approved the concept last year and then got the money . Under this Community Block Grant program initiated about five or six years ago, the community goes to HUD and tells them what program they want and asks if it meets with their objectives . They do make us sign a state- ment that we will not discriminate on the basis of race, age or sex and they do make us think about the housing needs in our community. There will never be another housing assistance project in Leesburg unless Council approves it. We have the only Federally assisted multi-family rental units available in the County today. There is no rental housing in this project - we will be serving 12 home- owners . This is a . preapplication. In about 75 days, HUD will ad- vise us of approval or disapproval of the preapplication. Mayor Rollins asked what changes can be made in the application if we receive approval of the preapplication? Mr. Niccolls thought rea- sonable changes can be made as you get into the project. We will be filing separate applications each of the three years so we can make reasonable changes at the preapplication stage. They are pro- posing in the first year to spend most of their money on land ac- quisition and planning activities . Mr. Hill asked what assurance we have that the other two years will be completed after approval of the first year? Mr. Niccolls said an official at HUD said it is as good assurance as you can get from the Federal Government. Congress must approve the appropriations . The program has been de- signed so that each year can stand alone. In the first year, we would end up with some good construction plans for the road and the water and sewer improvements , which ultimately have to be used some- time. We would own VEPCO vacant land down there. This program must and should stand alone each year. Mr. Bos asked if the 12 percent figure for housing efforts is cutting it so close that the application might not be approved? Mr. Niccolls said they are also concerned about job creation. Also, the housing office can use some of that to subsidize interest on a loan. Mr. Bos also asked what indirect costs the town staff would have in terms of running the program, monitoring, etc .? Would this be more significant than the past projects? Mr. Niccolls said Yes, this is the reason for putting in extra money for de- sign, architectural, engineering, surveying, etc. expenses - these are all HUD eligible. Also, they created a three-year staff of- fice to administer it. He believed one person and a half-time secretary will carry most of the load. Mr. Shope will be doing • additionaUmork in supervising the engineering activities. Mr. Minor and he will be involved as well . We have to show HUD that we have the capacity to administer these projects - they don 't want a failure. Mr. Hill commented that we have performed the tasks we set out to do in the past. He felt the projects al- ready done really show improvements in the town, and cited Loudoun Street and the Fairview project as examples. Mayor 373 MINUTES OF DECEMBER 10 , 1980 MEETING. Mayor Rollins asked if he built a new building and had to put in all requirements and pay all fees as contrasted to someone who moves into the area once it is all completed, wouldn 't that be somewhat unfair? Mr. Niccolls said Yes - we will reduce that unfairness by requiring some things of that new business, such as a requirement that it employs people from the low and moder- ate income levels . There will be some trade-offs and there will be some restrictions on their freedom to dispose of their prop- erty 100 percent freely. If they move out, the person moving in will be subject to the same restraints . One of the policies dis- cussed at Finance Committee meeting was that we should not be drawing tenants from existing businesses in Leesburg into this area unless they can show a remarkable expansion of their employ- ment that they couldn ' t undertake in their present location. We want the type of businesses the County has on its list waiting for an appropriate location . Mr. Minor said there are limitations in the application. Mr. Bos asked if there will be any limitation to prevent a commercial developer from essentially profiting by construction on a developed lot of an expensive building and sell- ing it a year later? Mr . Niccolls said they put this matter for- ward to later evolution of this project. Mr. Minor said this is the kind of thing to be discussed when they get ready for the application. Mr. Hill asked if thisYakin to the farmer who gets a c tax break by. having his land assessed at the agricultural rate? Should he sell this land in a five-year period, he has to go back and pay the increased cost of this land that was downgraded dur- ing this period. Couldn 't we do something similar to this? Mr. Niccolls said there has to be a way to make this equitable . Mr. Tom Nalls, in the audience , said he has talked to a lot of people who are interested in doing something like this. The layers of governmental intervention in 'private enterprise necessary for development are substantial - this converts to one thing - money, and that converts to the ultimate increase in the price of the fin- ished product. He asked that Council not get a client of his in direct competition with the Town on a project - he knew he would lose. He liked about 80 percent of what he heard tonight and thought Mr. Niccolls could handle this project if anybody can. It did bother him though that it is intended to develop commercial facilities and then market them with the Town ' s name on them. This would be in direct conflict with those developers who apply to the town to do the same thing. Mrs . Hill said this is a blighted area though. Mr. Nalls said this is not true - he has a client in- terested in renovating the old freight station for use as a restau- rant. Mayor Rollins said this puts him in a dilemma. These funds are available. so why shouldn ' t Leesburg take advantage of them? But the country is in its present shape because of programs like this . Private industry can 't do its job because of these programs all over the country. Mr. Nalls understood this, but the word "free" is illusory - there is nothing free that he knows of . Mayor Rollins said it is free to the point of getting a job done, which this would do. We, in this community, are paying a certain percentage of that through the Federal tax dollar. When you take it all over the coun- try, this is what is starving free enterprise. Mr. Nalls :said .he hopes the town will not get in a posture where it holds up someone from private enterprise in order to get the town ' s project completed. Mr. Hill asked Mr. Nalls if he is acquainted with areas that try to attract some industry by deferred taxes or some other method? Mr. Nalls was familiar with such situations, however, he felt this par- ticular method is close to being in direct competition with the private sector. Mayor Rollins said it puts government "quasi" in private business . Mrs . Smith said she works in Federal Government and the way they spend money is unconscionable. There are stipulations and regulations by HUD, but the town would like to get involved with all this. It is a beautiful picture, but the Federal Government will have control over this project. The proposed resolution was adopted by a roll call vote of 5 to 1 : Aye: Councilmembers Bos, D. Hill, M. Hill, Tolbert and Willis. Nay : Mayor Rollins . 374 MINUTES OF DECEMBER 10 , 1980 MEETING. 80-137 - RESOLUTION - AUTHORIZING PURCHASE OF LAND FOR THE PLAZA STREET NEIGHBORHOOD PARK. On motion of Mr. Willis, seconded by Mrs. Hill, the following resolution was proposed: WHEREAS, the Department of Housing and Urban Development ap- proved a $253, 600 grant to the Town of Leesburg for acquisi- tion and improvement of the Plaza Street Neighborhood Park; and WHEREAS, this Council has previously authorized negotiations with the owner of the land for the park with costs for the land to be paid entirely from federal grant funds : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I . The manager shall purchase from John A. Wallace, Sr. , et ux, and Aaron Paulson, et ux, on behalf of the town a 22 , 800 square foot (0 . 52342 acre) parcel of land in fee simple and by general warranty deed approved by the Town Attorney for the purchase price of $45, 600 contingent upon their donation of $4 , 560 toward the cost of the Plaza Street Neighborhood Park as set out in a November 25, 1980 letter from John A. Wallace, Sr. SECTION II . An appropriation is made from the General Fund to Account #11020 . 800 , Plaza Street Neighborhood Park, in the amount of $45, 600 . 00 for the fiscal year ending June 30, 1981 . Mayor Rollins understood there is about an acre from Loudoun House - will this then make an acre and a half? Mr. Niccolls replied "Yes . " Mayor Rollins asked what type of surroundings will be around this land? Mr. Niccolls said the one acre is surrounded by Loudoun House buildings now - there is the parking lot south of this and there will be a crossing into this one-half acre. There will have to be some kind of appropriate barrier or buffer. Council will make the decision as to what it will be. All HUD does is send us a check and then inspect it when it is finished. They won 't even review the design before we build it . Mr. Minor said we show them a report as a courtesy but all they care about is that it is built to serve the people we said it was for. Mayor Rollins said there will have to be something to keep the people from the south (the • undeveloped land) from getting into this area. Mr. Minor !said Mr. Wallace stipulated that a barricade' of ;:some kind be provided when he develops his part of the property . We pay for the part that will be perpendicular to the parking lot and he will provide his part when he builds his warehouse. He is considering a warehouse development. Mr. Niccolls indicated the area intended for the park, etc. on the blackboard. The area all the way down to Rt. 7 is zoned B-2 . Mayor Rollins asked if the "goal seminar" gave any- body any insight into this planning? The resolution was unanimously adopted: Aye: Councilmembers Bos, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins . Nay : None. 80-138 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30 , 1981 . On motion of Mrs. Hill, seconded by Mr. Willis, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg .in Virginia as follows : SECTION I . Supplemental appropriations are made from the General Fund as follows for the fiscal year ending June 30, 1981 : MINUTES OF DECEMBER 10, 1980 MEETING. 375 Account No . & Name Appropriation 10210 . 802 Log Cabin Renovation $ 2 , 100 . 00 10110 . 802 Route 7 East 9 , 240 . 00 SECTION II . A supplemental appropriation is made from the Utility Fund to Account No. 20400 . 802 , Utility Relocations, in the amount of $2 , 140 . 00 for the fiscal year ending June 30, 1981 . Mrs . Hill explained that the log cabin renovation is the final payment . The Route 7 East is preliminary engineering and right- of-way acquisition. Section II was approved last year, but the invoice was misplaced. This was for utility relocation on the By-Pass construction. The resolution was unanimously adopted: Aye : Councilmembers Bos, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins . Nay : None . 80-139 - RESOLUTION - ESTABLISHING HOLIDAYS . CD CD On motion of Mayor Rollins, seconded by Mr. Tolbert, the N following resolution was proposed and unanimously adopted: W RESOLVED by the Council of the Town of Leesburg, Virginia, Q as follows : C Friday, December 26 , 1980 and Friday, January 2 , 1981 are established as paid holidays under the provisions of Sec- tion 12 . 1-45 of the Town Code. Mayor Rollins felt the dedication of the Town employees deserves some type of bonus and some extra consideration - we too often for- get the late nights that town crews are out fixing water mains or sewer lines . The resolution was unanimously adopted: Aye: Councilmembers Bos, D. Hill, M. Hill, Tolbert, Willis • and Mayor Rollins . Nay : None. On motion of Mrs. Hill, seconded by Mr. Willis, Council voted unanimously to go into executive session to discuss legal matters : Aye : Councilmembers Bos , 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. Mayor Z-Pet,c...,-(27 a .1 Clerk of t e Council