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HomeMy Public PortalAbout1981_04_08 62 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 8 , 1981 . A regular meeting of the Leesburg Town Council was held on April 8, 1981 at 7 : 30 p .m. in the Council Chambers , 10 West Lou- doun Street , Leesburg , Virginia. The meeting was called to order by the Mayor , with the invocation given by Mr. Tolbert and the Salute to the Flag led by Mr . Herrell . 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 , Jr . ; also Town Manager John Niccolls , Assistant Manager Jeffrey H. Minor , Director of Finance Donald 0 . Taylor and Town Attorney George M. Martin . Tt'e minutes of the regular meeting of March 11 were approved as written. PUBLIC HEARING ON REZONING APPLICATION #ZM-31 - JOHN A. STOWERS . A public hearing on the application of John A. Stowers to zone from R-2 to B-1 0 . 45 acres of land on the west side of North Harriscn Street was opened by Mayor Rollins . Mrs . Hill reported that tte Planning Commission recommended approval of this rezoning with tte proffer, which proffered out the undesirable uses in the 1 B-1 zoring . This property will be used primarily for offices . Mr . Robert East , Land Planning Consultant representing Mr . Stowers , said this property is now a Full Gospel Assembly of God Church Mr . Stowers seeks rezoning to a B-1 zone , with the exj ceptioLs that have been proffered. The Planning Commission asked that there be no food stores , drug stores , etc . A letter from the Co' onial Square Office Condominium Unit Owners Association was re< eived in support of this proposed rezoning , along with letter; from two residents of the adjoining Exeter Square Sub- division in support of the rezoning provided the proffered conT dition: are included. This land is adjacent to B-1 and B-2 zon- ing on the north and the south, with Colonial Square Office Condo- minium on the west and two barns on the east side of Harrison Street It is proposed to use this land for offices similar to the Co .onial Square offices . Renovations will be interior with the ex :eption of the church steeple . Mayor Rollins raised the question as to whether or not proffers should be recorded and asked Town Attorney Martin to look intolthe dispos .tion of a proffer . Mr. Niccolls said it will be kept on file b- the Zoning Administrator . M: . Bos asked Mr . East if he has been in touch with the owners of the property across the street? Mr. East said they did notlhave to con :act them - Colonial Square , Simpson and Muse all support it . Mr. Boa also asked how many offices they envision? He also asked about )arking spaces? Mr. East said 14 to 16 spaces could be made availa ,le between the parsonage and the church building . Mayor Rollins asked what utilization is planned for the parsonage? Mr . East said it will be strictly office space - the church itself' will be too. Mr . Herrell asked how many parking spaces would be re r quired for that office space in accordance with the Subdivision Ordinance? Mrs . Hill said the new amendment was not in effect' at that time . Mr . Herrell thought the parking regulations should be adhered to and felt this matter should be referred back to the' Planning Commission to look into it . Mr. East said this is an existing facility - the church now enjoys an agreement with Collonial Square for use of their parking area. The sale of this property to Mr. Stowers by the church is contingent on the rezoning . They are it a bind to get this settled. They have also been talking to several people about possibly leasing the space once it is rezoned . A long delay might jeopardize the sale by the church. Mr . Bos asked if this is really a problem since it is an existing building? Mr . Niccolls felt that , in a change of use situation, the Zoniing Ordinance provisions applicable to parking would apply . Thislpark- ing situation can be worked up for the committee meeting and be put in their hands as well. Mayor Rollins referred this matter to the Finance and Adminis- tration Committee to be voted on at thenext meeting . In thelmean- time , Mr . Niccolls can inform them as to whether or not this com- MDNUTDI. OF APRIL 8 , 1981 MEETING. 63 plies ith the existing ordinance on sufficient parking and Mr. Marti can advise us as to the proper disposition of these prof- fers. MANAG:r ' S REPORT: Niccolls said a written activity report was distributed on Fr . .ay, along with a Capital Projects summary. A cash and invest ents report is presented tonight as of April 1 . The pro- posed i.udget for the fiscal year beginning July 1, 1981 was aliso put i Council ' s hands last week. COUNCILMEMBER INQUIRIES AND COMMENTS : r. Bos called attention to a sign on the south side of East Market Street just beyond Fort Evans Road - it was not painted on the b. ck. Also, Council should be aware that there is a recent repor ' by the Loudoun County Sanitation Authority regarding public facilities. It essentially goes into the area not immediately ad- jacen ' to Leesburg and talks about population counts , speciallcon- solid. ted growth counts and costs for doing four to five different types of sewage treatment and connector lines. r. Hill said he attended a meeting in Culpeper this morning with he Highway Department and presented the resolution fromlthe last • ommittee meeting concerning completion of East Market Street betwe: n the By-Pass and Catoctin Circle . He also thanked them for allow ng the town to put up the traffic lights at Plaza Street. rr. Hill said the Leesburg Area Management Plan changes just about every day and this disturbs him. Mr. Forbes gave him a copy of th plan Mr . Bos was talking about - it was dated March 19 and is ap;.arently pretty much up to current thoughts as far as they i are c-ncerned. They could move in tomorrow and take over thelsewer, but they don ' t say too much about water. Mr. Forbes mentioned in a meeting yesterday that we could get an engineering consultant land Shave plan designed equally as good as theirs. They. are in there pitch ng and that is the point to be made. The Sanitation Authority is concerned with this area. He is afraid this Leesburg ArealPlan is no going to be one designed by Leesburg people entirely, but it wi 1 be a Loudoun County plan for the Leesburg area. We were setti g out to provide a plan to the County of our own volition and thoug is as to what we want to do with the Leesburg area and they, in to n, can do what they want to. If we keep losing piecemeal, he di ; not know where we will stand. We are in there doing our best. He di ; not feel those serving on this committee should be from through- ought the County - they should be from Leesburg. They say they can do what e would do at a cheaper price. Mr . Bos said their one point is t :t Leesburg ' s plan could be used up in a short time. They are talki g about hundreds of thousands of people. Mr. Hill saidlthey meet just about every Tuesday night. This report has not been brou• t up in his subcommittee. Most of the members have notlseen it. r. Herrell asked if we continue to participate in the process, woul• it have our stamp of approval on it? Mr. Hill said they would try .. get Leesburg ' s opinion first if they do what they say. l There are AP people on this committee, but a good many of them don 't care abous Leesburg. Mr. Bos understood the voting on the final issues will s•e a "recorded" vote. Mayor Rollins said, in addition, if it doesi' t come out to our satisfaction, we can officially reject it. Mr. i ' ll cited an example: His committee was talking about airport deve .pment and he expressed his opinion that they should havie some kind L.of industrial park zoning rather than residential housing. A metier of the Planning Commission said he would have a problem sell ' g this to the County. Mr. Hill said this is Leesburg' s. plan - why -houldn; t we suggest what we want? Mr. Herrell said somebody should go over there and set them straight. Mayor Rollins asked what the thrust is on the situation about sewer service? Mr . Hill said this has not been presented by the authorities yet. In f. ct, Mr. Stowers has not even seen a copy of it. Mayor Rol- lins said the service area has already been designated as tolwho serv: s that particular area. He did not think "this veil can be pierced. " Mr. Stowers said we have made it perfectly clear on a coup e of things - the town has jurisdiction over most of the 64 MINUTE . OF APRIL 8 , 1981 MEETING . areas ender consideration for this area plan except for Oatlands and Wh, te ' s. Ferry. It was recommended and approved that the juris- dictio s to be served go with the one that could provide the ser- vice t e cheapest. He did not believe there is an engineering firm at can fabricate a report on this. He felt the County would ant the cheapest one to do it. They will try to make a stron• enough recommendation when the plan is all done and com plete _o that it will show very clearly where the town should an- nex. the town should be able to provide water and sewer at a much more -asonable cost. Mayor Rollins said this will be a question of ca•:city - the County doesn ' t have any sewer capacity - alit they have Blue Plains. Mr. Stowers felt confident that the Planning Commi- ion is going to take the recommendations of the area planning commie ee, perhaps not as a whole, but it will be a plan that will benef ' the town and the taxpayers of both the town and the county. What ' s good for Leesburg should be good for the County, and vice versa rs. Hill said Mr. Delaney and the Bradfords, who operate the Doh-D. h Shop for the Blind, are moving their shop to the Huntley building on West Market Street the end of this month. They are re- questing a loading zone on the street so people can get their chairs in an. out of their cars. Mr. Herrell said they have called him too and h: doesn ' t think they can have a loading zone on the street, but he se: s no problem with letting them have a metered space. These peopl: are blind and a lot of the people they serve are blind as well . nd someone has to bring and take them. There should be some arran' ement where they don ' t have to walk a block or two. They don ' t want to rent a place they can ' t get into. Mayor Rollins asked that this be taken up by the Utility and Public Works Com- mitte . ' rs. Hill said Mrs. Gouveia, Manager at Loudoun House Apart- ments is having a problem with excess usage of water in one of the build ngs. Bills for that building have been averaging about $2 , 001 for one billing period. In December it went to $2 , 940 . 60. There is a lock on the meter and she wants a key so she can monitor this 'articular meter. This request has been denied because it takes a master key. She has offered to buy a new lock and give the town : key to it . The town was afraid someone would get hurtlso she o fered a hold harmless agreement. The second bill for one perio ; was $3 , 059 . 80 . Mr. Niccolls said there is a group of meters for Loudoun House - they are in concrete meter vaults in easements on th- property. There is a standard town lock and all the keys used by t - men servicing this facility are alike. A few months ago she want': keys to all the meters so she could monitor the use or, in the - ent there is a leak, they could immediately get to the 'shut-off. He d ' en ' t agree, at that time, to give her a key to our lockslfor the o tire property. Each building has a cut-off inside the build- ing - d we have a 24-hour service - all she has to do is calllthe Poli.- Department and they will dispatch it so that a maintenance man .on get out there and cut the water off. When she got this last (sill with the high usage, she called Mr. Taylor and he said we wwld not let her into the vault on a periodic basis. We could have old her we would be happy to come out and read it both morn- ing - d night for several days and we would be responsible for the meted and the meter vault. He said he will call her tomorrow and tell ler we will provide this service if that is what she wants . They lave been unable to find the leak. A good plumber in that buil. ing could probably find 50 percent of the toilets running ex- cess ve water through them and probably 50 percent of the washers are . ad. Her request is objectionable. However , he will calll her tomorrow and offer our services. Mrs. Hill said she had received a call concerning the brick side alks - they are slippery on a hill . She asked if there lare bric s that are not smooth? Mr. Hill said the ones we use are not . s smooth on one side as the other - they are cast in wooden mold and are struck - this would be a more porous texture. He said he would look into this . i MINUTES OF APRIL 8 , 1981 MEETING 65 PUBLIC FEARING ON REZONING APPLICATION #ZM-31 - JOHN A. STOWERS -, CONTIt UATION. Mayor Rollins recognized Mr . East , who said, in order to expeditE this rezoning request , they did go back and look at the Zoning ( rdinance . For banks , business and professional offices ) it calls fcr one parking space for each 500 square feet of floor area. They wi: 1 have a maximum of 6 , 000 square feet of rental space , so would lac required to have 12 parking spaces -they have 14. Mr . 'Nails was present and, in answer to Mayor Rollins ' question concerning the recording of proffers , said it depends on the nature of thel proffer He felt that this one, in particular, should be the sub- ject of a restrictive convenant , which would be recorded. Thislis simply a modification of the Zoning Ordinance . Mayor Rollins felt I II this should be addressed to Council as to how we are going to handle them, a ; a matter of policy. Mr. Stowers said he would have no problem with recording this . Mr. Nalls said it would depend on the type of proffer - they are so broad in scope . Mayor Rollins asked M . Martin to investigate this and suggested to Mr. Niccols there should be some policy on this . Mr. Bos asked that copies of the ;tate Code concerning proffers be distributed to council members 81-0-9 - ORDINANCE - AMENDING SECTION 12 . 1-10 OF THE TOWN CODE . On motion of Mr . Bos , seconded by Mrs . Hill , the following ordinan:e was proposed. WIEREAS , the United States Department of Housing and Urban Deielopment has awarded a Community Development Block Grant under the Small Cities Program to Leesburg for the South Harrison Street Redevelopment arid Revitalization Project ; THEREFORE , ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SBCTION I . Section 12 . 1-10 of the Town Code is amended to acid the following occupational group and positions : Oocupational Groups Positions Pay, Grade E} ecutive Assistant to Manager 15 for Community Development Acministrative-Cleri- cal Secretary 6 SICTION II . This ordinance shall be in effect upon its passage . On motion of Mrs . Hill , it was proposed to add to Section II the follow: ng : "vnd shall terminate June 30 , 1985" There was no second - therefore , the proposed amendment died. Mr . Hill felt the ordinance addresses itself to the situation. Mrs . Hill asked what the salary of a Grade 15 would be? Mr . Niccolls said is probably will run from the high teens to the mid twenties . Mayor -(ollins said it is the intent of this ordinance that it would be elininated when the grants have been expended. Mr. Niccolls ex- plained that this ordinance creates the names and titles of the po- sition ; and sets the pay grade - it does not include any employees . The fo _lowing resolution actually authorizes the employment of people Mrs . Hill could see no reason to change the Code - we would lave to delete it on termination of this project . Mr . Niccolls said w? have other positions authorized in the Code but not inithe budget. This is a temporary position but it is for a long enough temporary time that it is a handy way to record it . Mr . Herrell said taere is no problem if it is not appropriated. The ordinance was unanimously adopted : Ave : Councilmembers Bos , Herrell, D. Hill, M. Hill , Tolbert, Willis and Mayor Rollins . Nay : None . 66 MINUTES OF APRIL 8 , 1981 MEETING 81-43 - RESOLUTION - AUTHORIZING EMPLOYMENT POSITIONS AND APPRO- PRIATIONS FOR THE SOUTH HARRISON STREET RE- DEVELOPMENT AND REVITALIZATION PROJECT . On motion of Mr. Willis , seconded by Mr . Herrell , the fol- lowing resolution was proposed : WHEREAS , the United States Department of Housing and Urban Development has awarded a Community Development Block Grant under the Small Cities Program to Leesburg for the South Harrison Street Redevelopment and Revitalization Project ; and WHEREAS , prompt initiation of the project is a high priority of this council ; and WVEREAS , the grant includes amounts for administration of the project : TEtREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The following additional positions and numbers of erployees in the town service are established for the fiscal year ending June 30 , 1981 : Number of Employees Pcsitions Authorized Authorized EXECUTIVE DEPARTMENT Assistant to Manager for Community Development 1 Secretary ( part time) 1 SECTION II . Appropriations are made from the General Fund to tine accounts shown below for the fiscal year ending June 30 , 1 81 : A :count Number and Name Appropriation 2015 . 101 Salaries and Wages $ 3 , 000 2015 . 200 Fringe Benefits 600 2 )15 . 300 Contractural Services 100 2 )15 . 540 Materials and Supplies 200 2 )15 . 550 Travel and Training 200 T )tal $ 4, 100 Mayor Collins asked if these are all grant funds? Mr. Niccolls said No , th > grant application called for the town to pay 60% of the cost of adm_nistration for the project and the grant only 40%. We could have pat 100% of the administration into the grant , but this was done tp encourage HUD' s approval . Mr . Hill said he feels we need a strong voice in trying to encourage some commercial and industrial business in the town. He hoped this would be one of the things this person would do - to actively solicit outside commercial and industrial people to come here for development . This could go be- yond tae scope of this project . We have just recently reduced availa3ility fees and we would be missing a good opportunity if we don' t try to sell this throughout the community , the County and the State . We have not received too much help from the Countyl, so why not do this ourselves . The resolution was unanimously a- dopted : ?ye : Councilmembers Bos , Herrell , D. Hill , M. Hill , Tolbert Willis and Mayor Rollins . Nay : None 67 MINUTES OF APRIL 8 , 1981 MEETING. 81-44 : RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PER- FORMANCE BOND TO GUARANTEE INSTALLATION OFA PUBLIC IMPROVEMENTS AND AUTHORIZING WATER AND SEWER EXTENSIONS FOR HERITAGE SQUARE , SECTION 4. On motion of Mr. Bos , seconded by Mrs . Hill, the following reso- lution was proposed: WHEREAS , the Planning Commission has approved the preliminary plan and the Director of Engineering has approved the con- 1 st :uction drawings and cost estimates for public improvements in Section 4 of Heritage Square ; THEREFORE , RESOLVED by the Council of the Town of Leesburg in Vi:ginia as follows : SE:TION I . The Town Manager is authorized and directed to execute the contract for public improvements for Section 4 of Heritage Square Subdivision . SE:TION II . The Performance Bond of Hartford Accident and Indemnity Company of Hartford, Connecticut , No. NN4468006 in the amount of $128 , 760 . 50 to guarantee installation of public improvements for Section 4 of Heritage Square is aporoved. Mayor lbllins asked what kind of public improvements they are putting in for that kind of money? Mr . Niccolls replied. that there wild be water and sewer mains within the project and probably some storm drainagae. This is the area between the existing buildings and Vir- ginia Village Apartments . The resolution was unanimously adopted: Aye : Councilmembers Bos , Herrell , D. Hill , M. Hill , Tolbert , Willis and Mayor Rollins Nay : None 81-45 RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS , RELEASING THE PERFORMANCE BOND AND APPROVING A MAINTENANCE BOND FOR SECTION 3 OF HERITAGE SQUARE . Or motion of Mrs . Hill , seconded by Mr . Willis , the following resolution was proposed and unanimously adopted : WIEREAS , the developer of Section 3 of Heritage Square off Ecwards Ferry Road in Leesburg has completed public improve- ments in accordance with town standards and specifications and these have been inspected and approved, and the as-built drawings have been submitted and approved . TLEREFORE , RESOLVED by the Council of the Town of Leesburg , it Virginia, as follows : SECTION I . The public improvements for Section 3 of Heritage Square are accepted for public use by the town . SECTION II . The performance bond in the amount of $120 , 157 o ' Hartford Accident and Indemnity Co . which guaranteed iri- s :allation of the public improvements in Section 3 of Heri- tage Square is released and Hartford Accident and Indemnity Cm . maintenace bond No . NN4443066 in the amount of $6 , 007185 ie approved. 0 Awe : Councilmembers Bos , Herrell , D. Hill , M. Hill , Tolbert . Willis and Mayor Rollins . Nay : None 81-46 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PER- FORMANCE BOND TO GUARANTEE INSTALLATION OF PUBLIC IMPROVEMENTS FOR CATOCTIN CIRCLE IN- DUSTRIAL PARK, SECTION 2 . Oz motion of Mrs . Hill , seconded by Mr . Bos , the following resolii -ion was proposed : 1 68 MINUTES OF APRIL 8 , 1981 MEETING. WH :REAS , the Planning Commission has approved the preliminary plat and the Director of Engineering has approved the con- st :uction drawings and cost estimates for public improvements in Section 2 of Catoctin Circle Industrial Park, THEREFORE , RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SE:TION I . The Town Manager is authorized and directed to ex cute the contract for public improvements for Section 2 of Catoctin Circle Industrial Park. SECTION II . The performance bond of SRL Properties , Inc . , a Maryland corporation, with S . Ross Lipscomb as surety thereon, in the amount of $94, 421 . 76 to guarantee installation of public improvements for Section 2 of Catoctin Circle Industrial Park in accordance with plans approved by the Director of Engineering, is approved, conditioned upon recordation of a deed of trust between SRL Properties , Inc. to George M. Martin, Trusteed on Lcts 3 and 4, Section 2 of Catoctin Circle Industrial Subdivision, which trust shall secure the terms , conditions , covenants and pajment to the Town of Leesburg as set forth in said performance bind. SECTION III . The developer shall submit a title certificate tFat such deed of trust is a first lien on said lots . SECTION IV. The performance bond, the deed of trust and title certificate shall be subject to review and approval by the Tcwn Attorney. SECTION V. Zoning permits for lots in Section 2 of Catoctin Circle Industrial Subdivision will not be issued until the rEquired public improvements to Town Branch are substantially cc mpleted. Mr . Bos asked the approximate value of this property? Mr . Ottnger said i is $186 , 397 for the two lots according to the appraisal . Mayor 1.ollins asked what will be across Catoctin Circle? Mr. Nic- cols said it is a metal arch plate structure similar to the ones that a-e there now. This is the last one to be required and id will carry the design flow. Mr. Hill felt we are finally getting wise a . to completion of improvements before issuance of zoning per- mits . Performance bonds should not be released and houses sold un- til the project is about completed. Mr . Niccolls said this matter has been sent to the Planning Commission for public hearing . We don' t vant to hold these people up unreasonably - if the ditchlline is in Ind it is a functioning project , there is no reason to hold up the zoning permit because the seeding is not done or something of tha : kind. It means something to engineers , but our engineer controLs . The resolution was adopted by a vote of 6 to 1 abstention : Ade : Councilmembers Bos , D. Hill , M. Hill , Tolbert , Willis and Mayor Rollins . May : None A3stention : Councilmember Herrell . 81-47 - RESOLUTION - CONCERNING BIDS FOR REFUSE COLLECTION SERVICE . On motion of Mrs . Hill, seconded by Mr. Bos , the following resolution was proposed : WHEREAS , the contract with Grayson Refuse Service , Inc . for refuse collection expires June 30 , 1981 ; THEREFORE , RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The manager shall invite bids from qualified persons , firms End corporations for refuse collection service in the town for the period July 1 , 1981 through June 30 , 1984. Bidders shall be invited to quote monthly rates per unit for resiJ- cential and commercial service effective during the first year MINUTE . OF APRIL 8 , 1981 o the contract . Unit prices for the second and third 69 years of the contract shall be adjusted by a percentage oi the change recorded during the previous year in the G oss National Product Implicit Deflator (published by t e U. S . Commerce Department) , the percentage to be in cord with the successful bidder ' s proposal . Mr . Bo. thought there was some discussion as to making this a two- year .ntract . Mr. Herrell said it was reported 2 to 1 from the Finan.- Committee . He wanted to limit it to two years because he felt . at , in two years , they could look at the quality of the ser- vice ( th the side-loader vehicle in other areas and at what this priva.- hauler is costing the town. He thought they would find the p .'vate hauler is costing the town a lot more than operating our o system. Mrs . Hill felt three years would allow the private I 11 haule . to obtain a loan to buy new equipment . Also , she feels that peopl: who are buying condominiums and similar type homes should be fu. ished trash collection - they are paying taxes and should recei e this service . Should Council decide to do this , it would chang: the number of pick-ups for those bidding on a contract basis . There is also the possibility of another such development on alpri- vate - treet . These people should either have individual pick-yup at th: curb or a dumpster. The town can say they can pick up on a pri ately-owned street . Mr . Niccolls felt this can be resolved - it wo ld be inequitable to pay a hauler the same for individua1l or curb service - he can pick it up from dumpsters in a special truck He will ask them to quote a price for containerized ser- vice io condominium-type developments - this can be a unit price in th: contract . Then if Council wishes , it can order such ser- vice . Mr . Herrell questioned the location of dumpsters - no-one will rant these in front of his property . Mayor Rollins asked Mr. Grays: n how many times he picks up the apartments? Mr. Grayson said , e picks up one three times a week and the other six days a week. Mr . Niccolls said this is similar to the business of commer- cial ervice - grocery stores must have daily service . We are talk- ing i. the neighborhood of $50 , 000 for such service . Mr. Hill asked Mr. Taylor how much in real estate taxes does an apartment complex le such s Fort Evans generate per family? Mr. Taylor said he would have o look this up . Mr. Hill felt taxes on apartments are en- tirel out of line - the only taxes we get are on personal property . They ;on' t pay the per family tax rate that a family pays in a dwelling - if they did, then he would say we owe them this obliga- tion . Mr. Niccolls said this is probably true but there is also econo y of scale as well in our other services that make it cheaper to se ve an apartment complex. in motion of Mr. Herrell, seconded by Mr. Bos , an amendment was p oposed to eliminate "and third years" and change to read "seco d year" , with the contract period to read "through June 30 , 1983 . ' Mr. Herrell felt he could look at this in two years and at t - cost analysis and make a decision as to whether to keep it or go ahead with our own equipment and the savings . Mrs . Hill felt : year will not make that much difference , other than a pri- vate ontractor might not be able to borrow to update his equip- ment . The amendment was defeated by a roll call vote of 4 to 3 : 'ye : Councilmembers Bos , Herrell and D. Hill . lay : Councilmembers M. Hill , Tolbert , Willis and Mayor Rollins . Mr. ill said MICA' s recommendation is for a five-year contract - II this ould be more in line if the contractor is thinking of buying new :quipment . Mr. Niccolls said building a five-year contract arou d unknown costs of living could saddle the town with costs you coul.n ' t believe - he could not recommend this . Refuse haulers buy . nd maintain good equipment with no contract . He did not recom- mend a three-year contract - a two-year contract is enough in these enocimic times . Mayor Rollins asked Mr. Niccolls if he is going to put nto the contract an option to add total brush service? Mr . Nicc• lls said he will be given the option to offer a price to add tota brush serivce . The resolution was adopted by a vote of 5 to 2 Aye : Councilmembers Bos , M. Hill , Tolbert , Willis and Mayor Rollins . Nay : Councilmembers Herrell and D. Hill . 70 MINUTES OF APRIL 8 , 1981 MEETING . 81-48 - RESOLUTION. - AUTHORIZING THE PURCHASE OF LAND FOR PLAZA STREET NEIGHBORHOOD PARK FROM LOUDOUN HOUSE ASSOCIATES . On motion of Mr. Willis , seconded by Mr. Tolbert , the following resolution was proposed: 1NHEREAS , the Department of Housing and Urban Development ap- pcoved a $253 , 600 grant to the Town of Leesburg for acquisi- t-ion and development of the Plaza Street Neighborhood Park; and [KHEREAS , this council has previously authorized negotiations csith the owner of the land for the park with cost for the land to be paid entirely from federal grant funds ; THEREFORE , RESOLVED by the Council of the Town of Leesburg , \ irginia, as follows : EECTION I . The manager shall purchase from Loudoun House Associates on behalf of the town a 43 , 022 square foot 0 . 98765 acre) parcel of land in fee simple and by general varranty deed approved by the town attorney for the pur- chase of $27 , 964. 30 . The purchase price also repre- sents consideration for a ten foot wide ingress and egress easement to be purchased from Loudoun House Associates . Loth the 43, 022 square foot parcel "A" and the easement ere shown on a plat prepared by DeLashmutt Associates dated ,'anuary, 1981. SECTION II . An appropriation is made from the General Fund .o Account No . 11020 . 800 , Plaza Street Neighborhood Park, .n the amount of $27 , 964 . 30 for the fiscal year ending June . 0 , 1981. Mr . Tolbert asked if this money will come out of the grant . Mr . Minor said all of it will . The resolution was unanimously adopted: $ye: Councilmembers Bos , Herrell , D. Hill , M. Hill , Tolbert, Willis and Mayor Rollins . Jay : None . 81-49 RESOLUTION AUTHORIZING THE SALE OF SURPLUS VEHICLES AND EQUIPMENT . )n motion of Mr. Willis , seconded by Mr . Tolbert , the following resolution was proposed and unanimously adopted: ESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The manager is authorized and directed to dis- pose of the surplus vehicles and equipment listed in a memo- randum to the Council dated March 27 , 1981, by way of public auction to be held on April 24, 1981 . SECTION II . A public notice advertising the sale of the surplus vehicles shall be published in the April 16 and April 23 issues of the Loudoun Times-Mirror . Aye : Councilmembers Bos , Herrell, D. Hill , M. Hill, Tolbert , Willis and Mayor Rollins . Nay : None . 81-5( RESOLUTION - MAKING AN APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30 , 1981 . On motion of Mr. Bos , seconded by Mr . Tolbert , the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : An appropriation is made from the General Fund to Account No. 14020. 800, International Order of Odd Fellows Lodge MINUTES OF APRIL 8 , 1981 MEETING. 71 Pu chase , in the amount of $74, 000 . 00 for the fiscal year ening June 30, 1981 . Mr . Hil asked where we are getting this money? Mr . Bos supposed out of his year ' s surplus . Mr . Minor said closing is set for June . Mr . Hil thought they were going to borrow the money and phase it out ove five years . The resolution was unanimously adopted : ANY: y Councilmembers Bos , Hewell , D. Hill , M. Hill , Tolbert , Willis and Mayor Rollins . Na None . 81 - 51 - RESOLUTION - MAKING AN APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30 , 1981 . On motion of Mrs . Hill , seconded by Mr . Herrell , the following resolut on was proposed and unanimously adopted: RE .OLVED by the Council of the Town of Leesburg in Virginia as follows : An appropriation is made from the Airport Fund to Account No 30000 . 251 for legal services in the amount of $3 , 064 . 85 fo the fiscal year ending June 30 , 1981 . A Councilmembers Bos , Herrell , D. Hill , M. Hill , Tolbert , Willis and Mayor Rollins . N. , : None . 81 - 5 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30 , 1981 . 0 motion of Mr. Herrell , seconded by Mr . Tolbert , the following result ' .n was proposed: RD.OLVED by the Council of the Town of Leesburg in Virginia a- follows : A appropriation is made from the General Fund to Account N. . 14020 . 285 for services related to Potter ' s Field in t - amount of $2 , 000 . 00 for the fiscal year ending June 31 , 1981 . Mr . Mi or said, essentially, this is $1 , 000 apiece for severance of the cr: working on Potter ' s Field. Mr . Herrell said they met with them i coimuittee and then discussed with the Town Manager the up- per licit he could go . He negotiated it with them. Mr. Bos had a proble with this - first , as to whether the town should be in the grave . isinterring business and, second, the town had a contract with t e archeologists , which is legally no problem. He under- stood : he contract to specify if there were "less than 143 graves" and th: re were obviously more than that . However, these people had mase plans to spend the whole summer here and this is putting them i. a real bind. Mr. Herrell said this should help - the alter- native could be bankruptcy for the town if it keeps on . The town can ce tainly do this job . Mrs . Hill said Mr . McDonough will re- move a. y bones they might find. Mr . Minor said the total cost would •e approximately $37 , 632 if they were to continue at $168 . 00 per in erment rate . It is thought the remainder of this work can be don for approximately $5 , 000 . NM . Doug Hollingsworth, one of the archeologists employed on this j 'b , said this $1 , 000 figure was not exactly negotiated but , if thi is what the town says , he will have to stick with it . Whethe it matters to Council or not , the net result for him is that , .y spending eight months here , he has sacrificed a year of colleg • . His house is sub-leased and he can' t get back into it until lecember . He spent two months this winter doing nothing becaus • the ground was frozen. They turned down other jobs in other . arts of the country because they were obligated to this job . He di. ask that the $430 due Clarence Jewell for use of his equip- ment b- paid - if he has to deduct that from his $1 , 000 , it leaves him wi h only $570 . 72 MINUTES OF APRIL 8 , 1981 MEETING . On motion of Mr . Herrell , seconded by Mr. Tolbert,- it was propose ; to amend the resolution by making an appropriation of $430. 00 from the General Fund to Account No . 14020 . 285 to pay Clarenc Jewell for service of a backhoe and front end loader. Mr . Bos asked when these expenses were incurred? Mr . Hollings- worth s id they were mostly last fall and in December - they worked until the backhoe wouldn ' t even cut through three inches of froz n ground. More expenses were incurred in January, Febru- ary and March when they couldn ' t work until the ground thawed. A lot i it isn ' t exactly expenses incurred, but a projected loss of Inco e because he expected to be here another three months to finish his job and paying rent for a place to live until he can get bac in his house in Williamsburg. He just wanted to make sure Mr . Jew 11 gets his money . Mr Hill said he received a call today from Bill Still of The Monitor - he has apparently talked with these men and will be writing somethi g in his paper about it . He made a statement that the town had a c 'ntract for $28 , 000 with these men - they had been paid $8 , 000 and the e was $20 , 000 owed on the contract . Mr. Hollingsworth said they di : not discuss contract figures with him. Mr. Hill said we have a ost to date of $32 , 538 . 79 on this project . He told Mr. Still h - felt if the town was contractually obligated, it would honor t at obligation. He asked Mr. Minor if the town is con- tractually obligated for another $20, 000 to $21 , 000? Mr. Minor said, i the opinion of the town, they are not . Mr . Hollingsworth maintai ed that there was a verbal agreement that , even if there were more than 142 graves , they would still have the option to do that many , e en if there were 500 . This is one of the reasons they as- sumed t ey would still be here for a certain length of time . They have pe-n paid for finding 143 , but not for digging them. They have excavat -d 92 graves . There are something like 205 in addition to this 92 When the town wanted a projected estimate of how many more graves ere out there , Mr. Sparrow said there were 143 more, in ad- dition o the 92 . There is room for many more - they are in rows which s: unds like at some time somebody knew where they were - there should .e some old plat map indicating when they were put in. It is not re. ily accurate - there are some places where six or seven are superi sosed on top of each other, buried across each other , etc . Mr . Mi .r said they both had release clauses in the contract amend- ment - .urs was that , if it exceeded 143 , this was essentially our releas= . Theirs was that , if the balance to disinter the graves found :s less than $100 . 00, they could renegotiate that figure or the could even conceivably walk off the job . They have been paid up-to-.: te essentially for location - we stopped the excavation at 92 graves - we wanted to say survey and map and stake every single body that t -y believed is there . Then we would know exactly how much money .uld be needed. They are not saying they are not current - they h. e been paid for excavating 92 and for all the ones they have locate. . Their hope and feeling was that the town would say to ex- cavate 143 graves times $168 . 00 . He and Mr. Niccolls felt the con- tract aid if there were over 143 , it was a "a whole new ballgame . " This we ld cost somewhere around $23, 000 . Mr . Hollingsworth said he is not trying to get the contract extended - it is a big mess and would se a lot of trouble to finish. He was glad he didn ' t have to do anything more . M. .Hill asked what can be done out there? Mr. Minor said they will e cavate the remains , put them in a vault and bury them in a suitab :e graveyard with a suitable marker under the guidance of the Loudou Funeral Chapel . This is estimated to cost $5 , 000 to $6 , 000. R. ndy Hall , the other archalogist on this job , said they did renego ' iate the contract to say they would do any amount over the 142 fo the 142 grave contract . This is why they were upset and why th: y are hoping for more severance pay . He said he didn ' t work is either January or February - he sublet his house with the furnit re , so he will have to look for a furnished place - this is why he asked for $1, 500. His wife left her job to come here . He was renting a house in Lovettsville and it has been sold. Tom Jewell let him renta room in his house . Since the other house was sold h did not have to lose his $150 . 00 deposit , but he will have to ren a furnished apartment for three months until he can get in MINUTES OF APRIL 8, 1981 MEETING. 73 his hou e - this is why he felt $1, 500 would be fair for him. It will ta= e him at least a month to get any kind of job . ji Mr Herrell called for the question and said he would like to 11 offer a 'other amendment . He appreciated what these fellows have done ani was sorry they had to reach this conclusion but , finan- cially, he didn ' t think they could keep going that way . With the savings they will make, he felt better to offer $2 , 000 to each of them He would feel better if theyo away from here happier. He move ; that the $2 , 000 be amended to $4,000 . This was seconded by Mr. illis . Mayor Rollins asked them if they have any inten- tion of making any additional claim. They agreed to sign a sever- ance ag eement . The amendment to change the resolution to read $4, 000 as unanimously adopted: Ay • : Councilmembers Bos , Herrell , D. Hill , M. Hill , Tolbert , Willis and Mayor Rollins . Na : None . The ame dment to pay $430 . 00 to Clarence Jewell for use of his equip- ment wa. unanimously adopted : A Councilmembers Bos , Herrell , D. Hill , M. Hill , Tolbert , Willis and Mayor Rollins . N. , : None . The resolution, as amended, was unanimously adopted and reads as follows : ' D.OLVED by the Council of the Town of Leesburg in Virginia a follows : T following appropriations are made for the fiscal year e •.ing June 30 , 1981 : Name and Account No . Appropriation ' 1 020 . 285 - Potter ' s Field (Final payment $ 4, 000 . 00 to archeologists) 14020 . 285 - Potter ' s Field (Payment to 430. 00 Clarence Jewell for use of heavy equipment) A e : Councilmembers Bos , Herrell , D. Hill , M. Hill , Tolbert , Willis and Mayor Rollins N. y : None . 81 - 5 - RESOLUTION - AUTHORIZING AN AGREEMENT , APPROVING A PERFORM- ANCE GUARANTEE FOR INSTALLATION OF PUBLIC IM- PROVEMENTS FOR PERRY AND SONS AT LOT 10, CARDINAL INDUSTRIAL PARK. 0' motion of Mrs . Hill , seconded by Mr . Bos , and there being no object on to consideration tonight, the following resolution was propos. d and unanimously adopted : • SOLVED by the Council of the Town of Leesburg, Virginia a follows : 11 S CTION I . The manager is authorized and directed to execute tie standard agreement for public improvements for Perry and Sins , Lot 10 - Cardinal Industrial Park. S CTION II . A cash performance guarantee in the amount of $ . , 800 guaranteeing installation of public improvements at P •rry and Sons , Lot 10 - Cardinal Industrial Park in accord- a ce with plans approved by the Director of Engineering is a:proved. • . e : Councilmembers Bos , Herrell , D. Hill , M. Hill , Tolbert , Willis and Mayor Rollins . :y : None . 74 MINUTES OF APRIL 8, 1981 MEETING . • 81 - 54 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30 , 1981. On motion of Mr. Herrell , seconded by Mr . Tolbert , and there being n> objection to consideration tonight after explanation by Mr . Minn- , the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : Appropriations are made from the General Fund to the ac- counts and in the amounts shown below for the fiscal year ending June 30, 1981 : Account No . and Name Appropriation 2090 . 281 Travel and Training (Manager) $ 200 . 00 2011 . 281 Travel and Training (Personnel) 1, 100 . 00 Aye : Councilmembers Bos , Herrell , D. Hill , M. Hill , Tolbert , Willis and Mayor Rollins . Ney : None . Or motion of Mr. Tolbert , seconded by Mr . Bos , the meeting was adjourred at 10 : 15 p .m. Mayor erk ( f the Council 1 I/