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HomeMy Public PortalAbout1981_05_27 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 27 , 1981. 97 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on May 27 , 1981 at 7 : 30 p.m. The meeting was called to order by the Mayor, with the invocation given by Mr. Tolbert, 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 Howard M. Willis, Jr. ; also Assistant Town Manager Jeffrey H. Minor, Zoning Administrator Robert C. Forbes, Chief of Police James M. Kidwell and Town Attor- ney George M. Martin. Absent from the meeting was Councilmember Stanley D. Herrell , Jr. I/ The minutes of the regular meeting of May 13 , 1981 were ap- proved as written. PUBLIC HEARING ON ZM-32 - INTERNATIONAL PAVILION COMPANY : Mayor Rollins asked Mr. Forbes to explain just what this appli- cation is requesting, after which Mrs . Hill will relate the Plan- ning Commission ' s decision following its public hearing on this mat- ter. Mr. Forbes explained that application was made by International Pavilion Company, on January 9, 1981, to have rezoned from R-1 to B-2 63± acres , a portion of the land annexed as of January 1, 1981. O Council Resolution No. 81-12 dated January 14 , 1981, referred this T application to the Planning Commission. On February 19 , this Com- mission held a public hearing and recommended this zoning to Coun- cilQ with the following changes : approximately 33 acres to R-4 zon- ing and 30 acres to B-2 zoning. The County ' s C-1 area prior to Q annexation extended over to the old town boundary (he pointed this out on a zoning map) - this designation was placed on this land in the 1950 ' s and remained until the annexation, when it automatically reverted to the Town ' s R-1 designation. He had distributed informa- tion as to the uses permitted in the County ' s C-1 area and in the Town ' s B-2 and R-4 areas. This will leave a little over 300 acres in the R-1 zone. Mrs. Hill said the Planning Commission recommended that there be no access to the B-2 area from the Carrvale area. t Cherry Lane and Harrison Street would both go into cul-de-sacs in the R-4 area, exiting out of this area in the vicinity of Heritage Way. Mr. Robert Sevila, attorney for International Pavilion Company, said the recommendation of the Planning Commission is a substantial change in the plan. Since the report of the committee, the B-2 area has been scaled down significantly - the Planning Commission and its committee have attempted to accommodate most of the concerns of the residents of Carrvale who spoke on February 19th. Those primary concerns were the abrupt change from their R-1 residential area into the B-2 category with no buffer zone. As proposed, the R-4 area would separate the B-2 zone from the existing development in Carr- vale. The other primary change is that they have deleted any ac- cess from Carrvale into the B-2 category. The concern of the resi- dents was with the increased traffic that would be generated by this commercial district, which would constitute a hazard and inconvenience to them and their small children. It is unlikely that any through traffic would use Cherry Lane and Harrison Street except to go to and from the elementary school . He felt their primary concern has been met. The International Pavilion Company ' s reaction to the Planning Commission ' s report is essentially that they can live with this with some modification. They would propose that the Commission' s plan be adopted by the Council, with the R-4 buffer strip without access into the B-2 zone, with the modification that the north-south line on the westernmost boundary extended to Edwards Ferry Road. He be- lieved this to be consistent with good planning and good land use in this area, particularly in light of the inability of IPCO to get satisfactory access to and from the northern half of this prop- erty from Edwards Ferry Road. His proposal is that primary access to the B-2 zone be just east of the boundary line he is proposing. They are cut off from access from the Route 15 By-Pass, so any ac- cess will have to come from Edwards Ferry Road. He did not be- lieve this would adversely affect the Planning Commission ' s recom- mendation. They feel this is a reasonable and workable compromise that will satisfy the best interests of the town, the applicant and the residents of Carrvale and the surrounding neighborhood. MINUTES OF MAY 27 , 1981 MEETING. 98 Mr. Hill asked what the current zoning is on the 5. 5 acres he wants to include in the B-2 zone? Mrs. Hill said this was R-1 . Mr. Sevila said the 20 acres was C-1 prior to annexation - it be- came R-1 upon annexation. This property came into the town on January 1 , 1981 and the application was filed within nine days after annexation. They are only asking that it be restored to what it was originally. Mr. Tolbert asked what kind of business they plan for this area? Mr. Sevila said there are no definite plans but it would certainly be consistent with B-2 zoning. It was discussed at the Planning Commission meeting that International Pavilion would probably entertain contracts from commercial estab- lishments to purchase all or portions of it. That would be subject to later town action on whatever site plans would come in. Mayor Rollins said he doesn ' t want to see the eastern end (the entrance to Leesburg) over-populated with apartments - they can be put into R-4 and B-2 zones. He would like to hear some comment on this . from the applicant before the Council acts on this application. He asked if they would be willing to proffer out the construction of apartments in the B-2 zone? Mr. Sevila said they recognize this possibility and, although he cannot make a commitment tonight, he thinks International has no plans for apartments in the B-2 zone. He thought a proffer might be forthcoming on this. Mr. Bos asked what plans exist for the land on the other side of the By-_Pass? Mr. Sevila said it is still planned for a commercial park. - there are no construction plans at this point. Mr. Bos asked what the County might have planned? Mr. Sevila said they have not been in touch with any definite proposal. OPPONENTS : Mr. Joe Keating, President of the Preservation Society of Loudoun County, said this organization has been engaged in trying to keep the County from tearing down four houses on Edwards Ferry Road just behind the jail to erect expanded jail facilities (these houses are in the Old and Historic District) . Now they find that plans are be- ing made to encase the other end of Edwards Ferry Road in concrete. Years ago, the Society opposed the subdivision for Carrvale - there was an agreement by the developers that the commercial. part: of that area would be rezoned Residential when it was annexed by the Town. They were opposed to high density then and now the 'developers are asking for such zoning again. The Society encourages the council to -. oppose this zoning change and all other changes whose motives are profit and greed at the expense of the citizens. Don ' t let growth be dictated. Mr. William Kline, a resident of Carrvale, said the petitioner has advanced no reason for this rezoning other than it would bene- fit him - it will certainly not benefit the citizens of Carrvale. Certainly the moving party has a burden to show what good will ac- crue to the citizens of the town - they have heard nothing. R-4 zoning includes motels and hotels and there have been no proffers. The B-2 zoning includes rather noxious types of activities in what is essentially a residential area. Leesburg Village, Loudoun House and Heritage Square are all high density residential and there is_ commercial in the Giant-K-Mart area. They see no need for this proposed commercial area,_- in 1974 the two commercial areas (Safe- way-Virginia Village being the other) were found to be enough, with expansion capabilities. There are more than 500 acres pres- ently zoned. for commercial purposes and not being utilized. If this becomes a high density area, the number of cars going in and out of Carrvale would increase. The only access is off of Edwards Ferry Road and it would become a high use area. It narrows down to a low-speed road - we had an unhappy accident there last week. There would certainly have to be a traffic light on Edwards Ferry Road. The eastern end of town is already the highest in den- sity and population. The school is a "walker ' s school"and more traffic would defeat the purpose of this . International Pavilion agreed to come in as R-1 - they stipulated to this. Even if there is a hardship, it is a self-inflicted one and the residents of the area should not have to pay for this - they don ' t want to "bail out" International, nor do they want to suffer at its profit. He asked that Council deny this petition and keep the zoning R-1. MINUTES OF MAY 27 , 1981 MEETING. 9 n Col. Peter Packard, a resident of 108 Prince Street, just off '7 of Edwards Ferry Road, said that, when they moved here 15 years ago, Edwards Ferry Road was a dirt road where the apartments are now. It is now a four-lane road and he understands that it may be a thorofare at some future time. Without its being made a four-lane road all the way, he feels the safety problems will become over- whelming. There was an accident in front of his house the other day and there will be many more because there are inadequate side- walks - many people who do not have automobiles walk. He is con- cerned that Edwards Ferry Road will become a "slaughter house. " There are adequate commercial zones within the town to take care of their planned growth in the next five to ten-year period. Since this area came into town as R-1 , he feels it should remain so. Mr. Terry Young, President of the homeowners at Heritage Square, read to Council several paragraphs from an article in a Home Buyer ' s catalog several years ago which brought him to Leesburg. This ar- ticle described Leesburg as a peaceable country town, but also pointed out that it was fast becoming different with developers buying up the good land and erecting houses, thus destroying the trees and the countryside atmosphere. He said he "may be a Yankee, but he still likes trees. " 0 Mr. Bill Gill , a resident of Carrvale, said he had. talked with Mr. Willis by phone today and it appears that either he or the en- tire Council has already formulated an opinion as to whether to ap- t prove or disapprove the application. He mentioned that the business Q licenses for those already here are high and any rezoning would spread the tax burden among other businesses. This would seem like he is trying to serve himself instead of the town. He suggested that Councilmembers listen to the people they represent - for instance, they should expend a little pressure to make International Pavilion pave the streets in Carrvale or else call for the performance bond. There appears to be no Master Plan for Leesburg - they "throw up a dart board" and designate certain zoning to certain areas. They don ' t need this. He said he moved to Leesburg because it was a ' small quiet easy-going town and it offered him a chance to rear his children in a small town. He asked that Council listen to them and not approve this rezoning application. Mr. Wayne Luttrell , who lives at the corner of Prince Street and Edwards Ferry Road, said the only access to this area would be from Edwards Ferry Road. This is a two-lanestreet that narrows at Prince Street and it is very seldom that he sees anyone put on their brakes as they enter this narrow part. This might take away the planned use of the new multi-million dollar school in the area if this is rezoned commercial . Later in this meeting, Council will consider the future extension of Catoctin Circle, which will fur- ther increase traffic in this area. He asked that Council consider this is a highly dangerous area. Mr. Bill Wolfe, of 24 Birch Street, Carrvale, was concerned with the traffic at the other end of Edwards Ferry Road. Just prior to annexation, he received a letter from Mr. Niccolls asking what he thought of annexation. He replied that he was in favor of it, but that he was concerned about high density growth. He also asked if there would be a traffic light at the By-Pass . An answer to this question said there would probably be an over-pass built at this location. Of all the things he has heard from International Pa- vilion and the Town Planning Commission, no-one has said what they will do to accommodate the increased traffic in this area. The al- lowed uses in the B-2 zoning could bring thousands of cars to this area every day. He asked if Council will issue bonds to make Ed- wards Ferry Road a four-lane road or to build a by-pass in advance, or will they get the thousands there when the supermarket is opened trying to squeeze into that intersection or will they then decide that taxes have to be raised to make Edwards Ferry Road a highway with an interchange at the By-Pass? MINUTES OF MAY 27 , 1981 MEETING. 100 Mr. Jim Quinn, a resident of Leesburg, understood that the pur- pose of zoning is to protect the public good and the citizens of the town. Mr. Sevila stated he felt it should be passed because it is in the best interest of the town, but he didn ' t say how the best interests are served in the town. He brought up access from Edwards Ferry Road - all his rebuttal was addressed to the Carrvale development - he did not address the question of access and traffic congestion on Edwards Ferry Road itself. If they have all this C-1 area on the other side of Route 15, why do they need another 30 acres on the west side? How are they going to get access from one side to the other? It bothers him that when they had this many people here for the Planning Commission meeting, they had a small meeting. He understands that, after that meeting, the applicant and one or two of their members met with the Planning Board, which formed the basis for their recommendation to this council . He also understands that no decision will be made tonight, but they are go- ing to give the applicant a chance to address some of the points they raised. The residents of the area, however, do not have the same op- portunity. He asked that, before a decision is reached, Council have another public hearing so that they have an opportunity to address the questions or answers International Pavilion might present. Mr. Randy Karn, a resident and member of the Board of Directors of Heritage Square, said International Pavilion has made no effort to prove to them that any commercial or high density development will not hurt that end of town. ' They don ' t seem to care and it would be more profitable to sell that land if it is rezoned. He hopes Council and the Planning Commission will see fit to protect their interests on that end of town. By zoning this land R-1, it will, in effect, represent spot zoning, which represents poor zoning. As an architect, he did not feel this is appropriate for Leesburg. The attempt to buffer the land from Carrvale with R-4 zoning really increases the density between the residential and commercial areas. Traffic would not diminish with such zoning. No zoning short of R-1 or possibly R-2 would be acceptable to the residents. He under- stood the last traffic study done on Edwards Ferry Road was in the 1950 ' s. Mayor Rollins said the Highway Department has no control over the streets in town. Mr. Steve Colvin, also a resident of Carrvale, had a few com- ments: (1) The proposed rezoning to commercial does not really make sense since they have 250 acres 100 feet away that adds to the 500 acres already zoned commercial in town. (2) He understands that, with the new Leesburg Area Plan the Town as tt,he. c�ouaty are working on, you should consult and have agreemen onilan aL affects both jurisdictions on the fringe areas. He understands no correspondence or official actions have been taken between the County and the Town. He opposes this. Mrs. Laurie Pincoski , as a mother and as a resident of Carrvale living opposite the Leesburg Elementary School , said she sees the children going back and forth. International Pavilion has offered an alternative to soothe the residents of Carrvale by offering no access there, but there is still Edwards Ferry Road. This buffer zone would mean more families, more children - more people that would be affected by this . They would be causing a factor of con- cern for those people living in that buffer area - this would be more traffic on Edwards Ferry Road. She asked that Council think of those new people, as well as those already living in the area. Mr. Dennis Brown said he has heard a few people allude to the fact that, among other reasons they want to rezone this land to commercial, this land would be worth -more money and they could sell it to the highest bidder - this would help "bail out" International Pavilion. At the time he moved into Carrvale, International Pavilio received $15, 000 for each lot sold in the development. It went up to $16 , 500 per lot in December. Using the $15, 000 figure, this would be $870, 000 to International Pavilion and he still does not have a street in front of his house. They knew it was going to be brought in as R-1 , so they did this to themselves. At the public hearing held by the Planning Commission, there were 13 pages of a petition submitted - if any member of council has not seen them, he asked that they look at this petition before they make a decision. MINUTES OF MAY 27 , 1981 MEETING . Mr. Jim Stone, also a resident of Carrvale, and who has a 1 0 1 semi-paved street, said a B-2 zoning allows anything but"a Chrys- ler Corporation plant. " His question was "Who benefits?" Will the children who cross Edwards Ferry Road benefit as they walk to Leesburg Elementary School? Will the children living in Carr- vale who walk _down narrow ._streets :.which will probably be involved in any kind of commercial development benefit by dodging cars? Will the potential customers for this commercial area benefit by dodging cars going 60 miles per hour in order to get on and off the By-Pass? Will the citizens of Carrvale benefit who bought their homes assured that this land was residential and that the surrounding areas would stay low density? Would Leesburg benefit? There is in excess of 500 acres of commercially zoned land within the town limits that is unused. Would the town benefit from such piece-meal zoning? The last plan they could find was 1974 , which shows this land as residential. He understood that there is a new Leesburg Area Management Plan being developed. The last traffic survey was done in the 1950 ' s . If you look at all these questions, the answer is a resounding "No" - it is of no benefit to anyone other than the petitioner. Is it the function of this elective body to provide economic relief for private companies? This is a small land development company that has some problems . If you accept any of these proposals, including this compromise, you are O setting a dangerous precedent of ruining residential areas that have been carefully thought out. It would have a negative impact T on the quality of life in Leesburg. He asked those in the audience 7 to stand and express their opinion concerning this rezoning (where- - upon the entire audience arose and replied with a loud ovation) . Mr. Bob Powell said none of the councilmembers live on the east end of town, to his knowledge, so they would not be affected by this rezoning. However, based on the number of people here tonight, he believed there would probably be a resident of the east end on Coun- cil after the next election. Mr. Ed Meyers, of 146 East North Street, said he sees some of the same things happening here as in New York City, where he lived for 20 years. He heard something about an overpass at Edwards Ferry Road and the By-Pass - this sounds like the 'Cross Bronx Expressway " and he certainly doesn ' t want to see this type of thing in Leesburg. He could foresee Edwards Ferry Road as a bottleneck at both ends - it would have to be widened if this commercial area is allowed. You would have to condemn land, take down trees, make people move their houses back - there is physically no room to widen Edwards Ferry Road. He felt it should stay as it is and leave the area residential. Mayor Rollins declared this public hearing closed and referred this matter to the Finance and Administration Committee, whose mem- bers will take into consideration the remarks made here tonight in their recommendation to Council. He said there have been seve- ral comments concerning the roads in Carrvale - this has been a sore point for Council as well as for the residents. Mr. Hill has been one of the most "vociferous" members of Council concerning these roads. Beginning the first part of next month, resurfacing of these roads will begin - they are scheduled to be finished by August. Someone in the audience asked if this means they will have mail de- livery as well? Mayor Rollins said he believed so. He encouraged everyone to file for Council election. Councilmembers give a con- siderable amount of time for practically nothing - it is done as a civic duty. Mr. Sevila submitted, for the record, the Affidavit concerning po aing of the property for this public hearing. A five-minute recess was declared at this time. MANAGER' S REPORT: Mr. Minor reported as follows: (1) Jeffrey VanGilder, a Leesburg resident, has been selected as the new police officer - he has been scheduled for training at the Northern Virginia Police Academy from June 29 through September 11th. 102 MINUTES OF MAY 27, 1981 MEETING. (2) They are in the process of filling the Community Develop- ment position. Applications have been closed - 70 have been re- ceived and it has been narrowed down to 30 at this time. (3) Concerning the cable television - they have a lot of their strand mapping under way. They will very shortly be in other areas with underground utilities. They are not going to use the rear yard utility easements - they are very hard to get, so they are going to use the public rights-of-way for all of the underground cable in- stallations. (4) Bids on the Plaza Street park will be opened on Friday at 10 : 00 A.M. . They have received interest from four or five con- tractors on this project. (5) They have had some difficulty in closing the arrangement with Jim Haynes for the airport. The Bankruptcy Court has approved the assignment of the lease from Century. Mr. Haynes has executed the management agreement and we expect our check in the amount of nearly $13, 700 on Friday or Monday. The major problem has been the tax liability the County feels is owing from both the Transamerican and the Century leaseholds - there has been some compromise on this but it will, basically, be up to the Bankruptcy Court to either prove or disprove the County' s claim. COUNCILMEMBER COMMENTS AND INQUIRIES : Mr. Bos said the Leesburg Area Management Plan is getting its teeth into a preliminary draft. All the committees have just about finished their input. Next week the Committee as a whole will start hammering out item by item all the committees ' recommendations as they mesh together. Many of these present conflicts. In the next couple of weeks, the plan will either fail or survive, depending on how the committee is able to operate. Mr. Hill, having asked those in attendance for the public hear- ing to come back, said he appreciates these people coming - numbers do make an impression on a body such as the Council . He suggested that, in the future, they have one, two, three or four of the group make calls to Council members. He had 25 to 30 calls starting with Saturday - he stopped mowing grass five times . The point was made to him after the first, second gr third call. He understood the problem but he did not need to/bombarded with phone calls in order to get their point across. What they have done with these calls may have diminished what they are trying to do - you can defeat your cause by trying to put it across in such a fashion. All they have to do is make their point strong - not with this type of charade. Pressure might defeat your purpose. Mrs. Hill said the Planning Commission committee met with some of the citizens on the Edwards Ferry Mews development. The citi- zens brought up quite a few points they thought pertinent. Mr. Shope and Mr. Forbes will be writing an answer to these questions and other points will be sent to Mr. Martin for his comments . Mrs. Hill also asked what is meant by "public utilities" insofar as the cable television is concerned - does this mean they will be installing the boxes in the front yard? Mr. Minor said the company attempted to place the cable in the rear yards, which would have taken less cable and the boxes would be less obvious. However, unlike the utility companies, they have no right to use those areas without a private easement from the property owners and they were unable to get these. They will , therefore, place the cable and the boxes in the public right-of-way, for which Council has granted per- mission in the franchise. They are attempting to draw a plan to use the grass median strip between the road and the sidewalk for this purpose. The box is about the size of a phone box. A resident of Carrvale said they personally were sent a letter by the cable company which would have given them a general easement across their property. When they visited his home, he said he would give them the easement if they would define it for him, but they never bothered to come back. If it costs them more money, it is MINUTES OF MAY 27 , 1981 MEETING. 103 it is because they are a "little bit lazy" in drafting their let- ter. Had they requested a general easement, it would have been very simple. He felt most of the people in Carrvale would have been will- ing to do this if it had been handled differently. Mrs. Hill said most of those she talked with had the same reaction. 81-63 - RESOLUTION - A SECOND EXTENSION OF TIME FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR PART OF PARCEL M, SEC- TION I , VIRGINIA VILLAGE. On motion of Mr. Willis, seconded by Mr. Bos, the following resolution was proposed: WHEREAS, Council Resolution No. 79-95 authorized an agreement and approved the performance bond to guarantee installation of public improvements and approved water and sewer exten- sions for part of Parcel M, - Section 1, Virginia Village; and • WHEREAS, Council Resolution No. 80-86 extended the time for installation of public improvements until June 13 , 1981; and WHEREAS, the developer has proposed constructing all the neces- N sary channel work to Tuscarora Creek starting on July 1, 1981 Q and completing within 30 to 45 days thereafter; THEREFORE, RESOLVED by the Council of the Town of Leesburg, Q Virginia, as follows : Q SECTION I. The time for installation of public improvements for part of Parcel M, Section 1 , Virginia Village is extended until June 13 , 1982 . SECTION II . This extension of time for completion of the pub- lic improvements is conditioned upon the successful completion of the channel improvements to Tuscarora Creek which are in- cluded as part of the public improvements prior to October 1, 1981 . Mr. Hill said Mr. Jacob, representing the applicant, appeared before the Public Works Committee last week. Council has extended bonds in the past so he sees no reason not to continue it now. Mr. Jacob gave some specific time frames for getting this work done. This will get the job done, otherwise there will be trouble. Mr . Tolbert asked where this Parcel M is? Mr . Jacob said it begins at the Res- cue Squad and extends up to the entrance of Brandon - it is approxi- mately 7 acres on Catoctin Circle. Much of this work is re-channel- ing of the creek. The figure to do this work two years ago was $127 , 000 and some of the work has been done. He said his client proposes to start this work by July 1 and to be completed within 30 to 45 days. Their engineer, Mr . DiGiulian, has been in contact with Mr. Shope and he would like the completion of this work de- layed until .approximately September. Mr. Bos asked if his client proposes to develop this land as formerly proposed or to sell it? Mr. Jacob said it is for sale now. The resolution was unanimously adopted: Aye: Councilmembers Bos, D. Hill , M. Hill , Tolbert, Willis and Mayor Rollins . Nay: None. 81-64 - RESOLUTION - AUTHORIZING A CONTRACT WITH GRAYSON' S REFUSE SERVICE, INC. FOR REFUSE COLLECTION AND DIS- POSAL SERVICE. On motion of Mrs. Hill , seconded by Mr. Willis, the following resolution was proposed: WHEREAS, a proposal was received May 11, 1981 from Grayson' s Refuse Service, Inc. in response to the request for proposals for garbage and refuse collection issued April 10, 1981 ; and WHEREAS, the proposal from Grayson ' s Refuse Service, Inc . is the lowest and best received : MINUTES OF MAY 27 , 1981 MEETING. 104 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The manager shall enter into a contract with Grayson' s Refuse Service, Inc. , Route 683, Middleburg, Virginia 22117 , for the collection and disposal of garbage and refuse within the town for a three year period beginning July 1 , 1981 in accordance with the proposal from Grayson ' s Refuse Service, Inc. dated May 11 , 1981 and the "garbage and refuse collection and dis- posal bid documents" issued April 4 , 1981 with the following qualifications : (a) The contract year one bids for curbside residential and commercial service are accepted as follows : Residential $ 4 . 69 monthly Commercial $13. 52 monthly (b) The contract year one bids for container service are accepted as follows: Container Size Collections Per Week 2 Yard 4 Yard 6 Yard 8 Yard 1 $ 35 . 20 $ 52 . 80 $ 72 . 00 $ 91 . 20 2 39. 60 59 . 40 81. 00 102 . 60 3 44 . 00 66 . 00 90 . 00 114 . 00 (c) The contract will authorize the Town to pay Grayson' s Refuse Service, Inc. the regular curbside commercial rate to- ward containerized service provided by Grayson ' s to commercial customers on the condition the total rate charged, including amounts paid by the Town and the commercial customer, does not exceed the contract rates shown. (d) The contract will require Grayson ' s Refuse Service, Inc. to provide containerized service at the contract rates at the town ' s option and the town can group businesses to- gether to use such containers and Grayson' s will be paid at the containerized rate. (e) Grayson ' s bid for brush and tree limb service is re- jected. Mr. Bos asked if this authorizes any additional pick-up service? Will Heritage Square and some of these other places be treated sepa- rately? Mr. Minor said he attended a meeting last night at Heritage Square - their contract with BFI expires in September and they are definitely interested in town collection. The resolution was unani- mously adopted: Aye: Councilmembers Bos, D. Hill , M. Hill , Tolbert, Willis and Mayor Rollins. Nay: None. 81-65 - RESOLUTION - REGARDING THE EXTENSION OF CATOCTIN CIRCLE BETWEEN EAST MARKET STREET AND EDWARDS FERRY ROAD. On motion of Mrs. Hill , seconded by Mr . Bos, the following resolution was proposed: WHEREAS, the comprehensive plan calls for completion of a link of Catoctin Circle between East Market Street and Ed- wards Ferry Road through the Plaza Shopping Center owned by John A. Wallace, Sr. and Aaron A. Paulson; and WHEREAS, the subdivision and land development regulations called for construction of parts of the road in conjunction with further expansion of the Plaza Shopping Center; and MINUTES OF MAY 27 , 1981 MEETING . WHEREAS, the actual construction of the road through the O property at this time is premature: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: SECTION I . The Planning Commission is advised that it is the Council ' s intent that the site plans for construction of facilities which do not access, need or benefit from the proposed road should be approved without requirements for construction of the road provided a 70-foot right-of- way is reserved in accordance with the official plan for the road. - SECTION II . The Planning Commission is further advised that future site plans calling for construction of facili- ties accessing to or benefiting from the road should be approved with requirements for participation in the road- way construction cost by the benefiting property owners. SECTION III . The manager is directed to advise consult- ants for the review and update of the comprehensive plan N now underway to carefully study the need for and function O of the proposed link of Catoctin Circle between East Market Cr Street and Edwards Ferry Road. —) Mr. Bos said the language in Sections I and II is essentially Q what they discussed in committee. Section II would require the CX owners to participate in Catoctin Circle should it be built. The resolution was unanimously adopted : Aye : Councilmembers Bos, D. Hill , M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. 81-66 - RESOLUTION - CONSENTING TO APPOINTMENTS TO THE CABLE TELE- VISION ADVISORY COMMISSION. On motion of Mr. Willis, seconded by Mr. Tolbert, the follow- ing resolution was proposed : WHEREAS, the Mayor has appointed Edgar L. Coffey, Jr. , John W. Pumphrey, III and Alvin Dodson to terms ending June 30, 1983 on the Cable Television Advisory Commission; and WHEREAS, Catoctin Cable Communications, Inc . has appointed Mary Lou Seekford and Richard Herndon to the Cable Tele- vision Advisory Commission for terms ending June 30, 1983; and WHEREAS, Section 5. 1-61 of the Town Code provides that ap- pointments to the Commission shall be made by and with the consent of the Town Council : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The consent of the Town Council is given to the Mayor ' s appointments to the Leesburg Cable Television Ad- visory Commission for terms ending June 30, 1983 as follows : ' Edgar L. Coffey, Jr . Alvin Dodson 118 Woodberry Road 234 South Wirt St. John W. Pumphrey, III 115 Queen Street SECTION II . The consent of Town Council is given to Catoctin Cable Communications, Inc . ' s appointments to the Leesburg Cable Television Advisory Commission for terms ending June 30 , 1983 as follows : MINUTES OF MAY 27 , 1981 MEETING. 10 Mary Lou Seekford Richard Herndon 116 South King Street 254 Prospect Drive All but Mrs. Seekford were present. Mayor Rollins asked if each of them has received a copy of the ordinance and said it spells out the duties and responsibilities. He thanked them for agree- ing to serve on this commission - it is a very important one. Cablevision is/relatively new industry and it is a very lucrative contract. This commission was set up to advise the council re- garding many things - the programming, the rates and many other things listed in the ordinance. He asked Mr. Minor to set up an appropriate time in June for the committee to meet so they can elect a chairman - then they are on their own. This first ap- pointment is for a two-year period and thereafter it becomes stag- gered. The ordinance requires the Council ' s consent before the members take office, so he asked them to be present tonight for any questions councilmembers might have. Mr. Bos assumed that all of them will be subscribers - at least to the basic service. Mrs. Hill said this is one of the requirements. Mr. Hill said they have a job on their hands to get this job done and in operation by August - he felt they might want to dwell on this. Mr. Minor said they are still confident that they will meet their August 30 deadline . Mr. Hill charged this Commission with this responsi- bility. Mr. Minor said they have given the town a cash deposit and they are subject to penalties. Mayor Rollins suggested that they advise the franchisee concerning this committee and some representative from their company will probably want to meet with them, particularly in their beginning operations . On motion of Mayor Rollins, seconded by Mr. Bos, it was unani- mously moved to add a Section III to the ordinance to read as fol- lows : SECTION III . The above appointments shall become effective July 1 , 1981. Aye: Councilmembers Bos, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None. The resolution, as amended, was unanimously adopted : Aye: Councilmembers Bos, D. Hill , M. Hill , Tolbert, Willis and Mayor Rollins. Nay: None. Mayor Rollins said Council does hereby give its advice and consent to these appointments. The appointees will be advised by someone from the town office as to a first meeting to organize. 81-67 - RESOLUTION - MAKING APPOINTMENTS TO THE BOARD OF GRIEVANCE COMMISSIONERS . On motion of Mr. Tolbert, seconded by Mr. Willis, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : In accordance with Section 12 . 1-55 of the Personnel Manual for the Town of Leesburg, the following persons are appointed for terns expiring June 30, 1982 to the Board of Grievance Com- missioners: Non-Supervisory Employee Members Mary Mack Janet Smith Shirley Haines Nelson Downs Catherine Mabe David Fawley MINUTES OF MAY 27 , 1981 MEETING . 107 Supervisory Employee Members Monica Trapp Preston Bell Randolph Shoemaker Citizen Members Wayne Reynolds Roland Flint Rev. Charles H. Roberts Aye: Councilmembers Bos, D. Hill , M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. 81-68 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH STANLEY E. CLARKE AND ASSOCIATES, INC. FOR A DEFERRED COMPENSATION PLAN. On motion of Mrs. Hill , seconded by Mr. Bos, the following reso- lution was proposed : CD WHEREAS , the Town is interested in developing and implement- ing a deferred compensation plan for employees of the Town; a and Q WHEREAS, Stanley E. Clarke & Associates, Inc. , retirement plan specialists, has offered to assist the Town in develop- ing, implementing and servicing a deferred compensation plan; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The manager shall enter into an agreement with Stanley E. Clarke & Associates, Inc. of Washington, D. C. for develop- ment, implementation and servicing a deferred compensation plan for employees in the town service. Mr. Hill had read the agreement and felt it is a one-way street. He asked why there was not some kind of advisory board made up of the concerned people of the town so they=would have some kind of say as to what, when and how they are doing this. They are buying a service and investing their money, but it appears there should be some input from the employees as participants in the plan. Mr. Minor said Mr. Niccolls has been working on this. It is7conventional contract such as Fairfax County has. He did not know whether this is traditionally done with most plans. Mr. Hill felt there is no control here on the part of the town. Mr. Minor said Mr. Niccolls will meet with the individuals interested and, if they don ' t agree on the make-up of the committee, then you won' t have the interest to participate and you won ' t have a plan. Indirectly, it will take care of itself . Mr. Bos asked if there will be periodical reports? Mr. Hill just felt there should be some kind of town participation - it is their money. The resolu- tion was unanimously adopted: Aye: Councilmembers Bos, D. Hill, M. Hill , Tolbert, Willis and Mayor Rollins. Nay: None. 81-69 - RESOLUTION - REGARDING COMMISSION PERMIT FOR COUNTY OF LOUDOUN FOR 101 DAVIS AVENUE. On motion of Mrs. Hill, seconded by Mr. Willis, the following resolution was proposed: • WHEREAS, on January 8 , 1981, the Planning Commission did approve a Commission Permit requested by Loudoun County for a Day Treatment Center at 101 Davis Avenue and re- ported the action on January 14 , 1981 , 108 MINUTES OF MAY 27 , 1981 MEETING. RESOLVED by the Council of the Town of Leesburg in Virginia tha£:the action of the Commission is hereby confirmed. Mrs. Hill said the Planning Commission approved this, but it was thought perhaps the Council should approve it also. Mayor Rollins said the Planning Commission reports their findings - then the Council can do one of several things - they can do nothing (which would mean it is approved) , they can override the Commission, or they can take some affirmative action. He felt Council should take some action one way or the other. Mr. Tolbert asked the function of this treatment center. Mrs. Hill said it is the one that was operating in Purcellville - they are moving to Leesburg. They will be there only during the day - they will be learning things and be prepared to go back into the community. It was very successful in Purcellville. Mr. Bos said this is the same property that they discussed as to whether a change of use in an existing zoning cate- gory required any community improvements. It was addressed as a separate matter. The resolution was adopted by a vote of 5 to 1 abstention: Aye: Councilmembers Bos , M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. Abstention : Councilmember D. Hill . 81-70 - RESOLUTION - MAKING AN APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 1981 . On motion of Mr. Willis, seconded by Mr. Bos, 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 the account and in the amount shown below for the fiscal year ending June 30, 1981 : Account No. & Name Appropriation 2015 . 550 Travel & Training C/D $ 600. 00 Mrs. Hill said $200 has already been appropriated for this, making a total of $800 . It is expected the number of applicants will be reduced to four - this money is proposed to be used for travel ex- penses for interviews, depending on where these applicants are from. The resolution was adopted by a vote of 5 to 1 : Aye: Councilmembers Bos, D. Hill, M. Hill, Tolbert and Willis. Nay: Mayor Rollins. 81-71 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR END- ING JUNE 30, 1981 . On motion of Mr . Willis, seconded by Mr. Bos, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : • SECTION I . Appropriations are made from the General Fund to the accounts and in the amounts shown below for the fiscal year ending June 30, 1981 : Account No. and Name Appropriation 2011. 202 Office Supplies $ 75. 00 2011. 230 Advertising 200 . 00 4020 . 201 Office Supplies 200. 00 4020 . 231 Printing 200. 00 MINUTES OF MAY 27 , 1981 MEETING. 109 Account No. and Name Appropriation 5010 . 234 Dues and Memberships $ 70. 00 9010. 269 Professional Liability False Arrest 270. 00 10200 . 214 Motor Fuel and Oil 5, 000 . 00 SECTION II . Appropriations are made from the Utility Fund to the accounts and in the amounts shown below for the fis- I/ cal year ending June 30 , 1981 : 20200. 201 Materials and Supplies $ 300. 00 20300. 215 Telephone 100 . 00 20900 . 800 Bank Service Charges 500 . 00 Aye: Councilmembers Bos, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins. N Nay: None. CD 81-72 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC HEARING ON APPLICATION #ZM-34 BY ANNE B. HART. QThere being no objection to consideration tonight, on motion Q of Mrs. Hill , seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : A Notice of Public Hearing to consider Application Number ZM-34 by Anne B. Hart to have rezoned from 8-2 to MC, 12 , 467 square feet of land located at 149 Old Waterford Road shall be published in the Loudoun Times-Mirror on June 4 , 1981 and June 11 , 1981 for public hearing on June 24 , 1981 at 7 : 30 p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia Mrs. Hill said the Planning Commission recommended denial of this application for two reasons : (1) The proposed change from R-2 to MC is not in accordance with the Comprehensive Plan; (2) The existing dwelling is non-conforming as to location - if the zon- ing were changed, it would be more non-conforming. The next door neighbor spoke in opposition at the hearing. Mr. Hill questioned whether or not the council has to advertise it if it is already turned down by the Planning Commission? Mayor Rollins said that, once it is filed, it is necessary to advertise it and consider it. Mr. Martin agreed. The resolution was unanimously adopted: Aye: Councilmembers Bos, D. Hill , M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None. RESOLUTION OF RESPECT FOR J. TERRY HIRST: On motion of Mr. Tolbert, seconded by Mr. Willis, the follow- ing Resolution of Respect was proposed and unanimously adopted: WHEREAS, J. Terry Hirst, local businessman and founder of J. T. Hirst Lumber Company died in Loudoun Memorial Hos- pital on May 12 , 1981; and WHEREAS, Mr. Hirst served on the Town Council of Purcellville for 15 years and as a member of the Loudoun County Board of Supervisors for 22 years; and WHEREAS , Mr. Hirst contributed of his time and energies in- directly to the growth and betterment of the Town of Leesburg; 11 0 MINUTES OF MAY 27 , 1981 MEETING . 1 THEREFORE, RESOLVED that the Mayor and Members of the Coun- cil of the Town of Leesburg do extend their sympathy to his family and to all who knew this fine gentleman and friend; and FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to his son and daughter. Aye : Councilmembers Bos, D. Hill , M. Hill , Tolbert, Willis and Mayor Rollins. Nay: None. RESOLUTION HONORING COUNCILMEMBER JOHN W. TOLBERT, JR. On motion of Mr . Hill, seconded by Mrs. Hill , the following resolution was proposed and unanimously adopted: WHEREAS, John W. Tolbert, Jr. has been selected "Man of the Year" for 1981 by the Loudoun Chamber of Commerce; and WHEREAS, Mr. Tolbert serves with distinction as a member of this Council; and • WHEREAS, it is appropriate that this Council recognize the achievements of its members which honor the Council and the Town of Leesburg; THEREFORE, RESOLVED that the Mayor and Members of the Council of the Town of Leesburg extend congratulations and warm wishes to Councilman Tolbert and his wife, Virginia, for this high honor so richly deserved; and FURTHER RESOLVED that this Resolution be spread upon the min- utes of this meeting and that a copy be sent to Councilmember Tolbert. Aye: Councilmembers Bos, D. Hill , M. Hill, Willis and Mayor Rollins. Nay: None. Mr. Hill called attention to a letter from Mr. Jeffrey Shaffer, a resident of Carrvale, concerning the rezoning application by In- ternational Pavilion Company. Other members of Council said they had all received copies of that letter. Mrs. Hill asked if any petitions presented to the Planning Com- mission concerning rezoning matters should be brought to the Coun- cil at the time that the public hearing is held by the Council? Mayor Rollins felt these are two separate and distinct hearings. On motion of Mr. Tolbert, seconded by Mr. Willis, the meeting was unanimously adjourned. Mayor Clerk of the Council