HomeMy Public PortalAbout1981_12_09 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 9 ,
1981.261
A regular meeting of the Leesburg Town Council was held in
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia
on December 9 , 1981 at 7 : 30 p.m. The meeting was called to order
by the Mayor, with Mr. Tolbert giving the invocation,and followed
with the Salute to the Flag led by Mr. Willis. Present were Mayor
Kenneth B. Rollins, Councilmembers Charles A. Bos, Stanley D. Her-
rell , Jr. , G. Dewey Hill, Jr. , Marylou Hill, John W. Tolbert, Jr.
and Howard M. Willis, Jr. ; also Town Manager John Niccolls, As-
sistant Manager Jeffrey H. Minor , Assistant to the Manager for
Community Development Marc Weiss, Director of Engineering Andrew
G. Shope, Director of Finance Donald O. Taylor and Town Attorney
George M. Martin.
PUBLIC HEARING ON REZONING APPLICATION #ZM-36 - JOHN A. WALLACE, JR.
TEE.
There was no-one present to speak either for or against this
proposed rezoning. Mrs.- Hill reported that the Planning Commission
voted unanimously to approve the rezoning of this property. She
said there was no-one present at the Planning Commission hearing
either for or against it. Mayor Rollins declared the hearing ad-
journed and referred this rezoning to the Finance and Administra-
0 tion Committee at its next session.
MANAGER' S REPORT:
Q (1) Mr. Niccolls highlighted some of the items from the written
Q Activity Report :
(a) Concerning cable TV, the franchisee is having some
difficulty in extending service to some of the apartment complexes
in Leesburg. This is significant because it represents a large
population of potential users . We will expect further reports
from the cable company, as well as from the Advisory Commission.
We are learning more and more about using Channel 15. An audio
signal has been added this week and we are cablecasting more and
more public service announcements. We have even had some reports
from cable users that they are gaining information about public
matters.
(b) Under Community Development, the consultant ' s first
draft report on existing conditions in the South Harrison Street
neighborhood has been received early this week. It is a high
quality report but rather boring, except those parts of it that
deal specifically with the economic development potential of the
area. There is some fine analysis work that has been done by the
consultant in that area.
(c) The Loudoun County School Board acted last night in-
dicating its willingness to provide the right-of-way across the
high school property for the Catoctin Circle extension. They im-
posed four conditions, none of which, in his view, are unreason-
able. We are now turning our attention to securing a permit
across the right-of-way owned by the Northern Virginia Park Au-
thority. Finally, we will turn our attention to the acquisition
of the two private property rights - a sliver of land from the
property that fronts on Dry Mill and the . 34 acres from the heirs
of the diZerega estate.
(d) The work upstairs on the committee room is
continuing - if you would like to stop by you can see these facili-
ties taking shape. He has asked Marc Weiss to basically do the in-
11 terior designs (color scheming , carpet selection, furnishings se-
lection, specifications and purchasing) . We are now in the process
of reviewing bids for the mechanical work . (heating, ventilation, air
conditioning and electrical work) . They think they can bring it
in at well below the cost estimate from the architect. There will
be more on this at committee meetings next month.
26 2 MINUTES OF DECEMBER 9 , 1981 MEETING.
U (e) He hoped councilmembers would drive by Plaza Street
Park. They will be installing the playground equipment. While
it is winter and there will not be much play activity, members
can see what is going on out there. It should be done in a few
weeks .
(f) This will be the last regular meeting at which Mayor
Rollins will preside. The last three and a half years have been
exceptional in their productivity as far as the staff is con-
cerned and their relationships with the Mayor and Council have
grown and progressed under his .leadership. He extended to Mayor
Rollins his personal good wishes for his service in the General
Assembly.
COUNCILMEMBER INQUIRIES AND COMMENTS :
Mr . Bos said the wrecked VW from a double death accident a few
weeks ago has been in front of the gas station at Route 15 and Fair-
fax Street for several weeks now - he doesn ' t feel this is a proper
thing to be on a public by-way that is not screened. He would like
him to check on this. Mr. Niccolls said this station does this type
of towing and the town has had to get after them about it before.
Also, Miss Cole, our faithful reporter from the Times-Mirror,
has received an award from the National Newspaper Association for
a feature article. She and the paper are to be commended on that.
Mr. Hill thanked Mr. Niccolls for taking care of the "No
Parking" sign on Monroe Street. He noticed this request has been
completed. He liked this type of follow-up.
Mr. Hill said he was requested last week to go to Richmond on
December 8th before the State Water Control Board concerning our
standing on the priority list for sewage treatment plant construc-
tion grant. His statement to the Water Control Board was read by
the Clerk. It called to their attention that it took less than a
year to get approval from the SWCB in 1977 , but over four years
for approval from EPA. During this time, costs have almost doubled
and the town has had to use large quantities of expensive chemicals
to meet effluent requirements. The Town requests that the SWCB
maintain Leesburg as a high priority for construction grant funding
in fiscal year 1983 . The Commissioners remembered Mayor Rollins
fondly and are waiting to see him next month - this made his task
easier. Prior to his appearance, the City of Roanoke made a slide
presentation concerning the disposition of sludge from their treat-
ment plant. This is apparently a problem with the Board and they
welcome any ideas . Roanoke has farmers come in with their own
equipment and take out the liquid and dispose of it on their own
land - there were pictures of before and after . application. He
(Mr . Hill) described our operation with "Big Wheels" and the Chair-
man invited the town to come back before the Commission in March
at their "Citizens Day" with a similar presentation of our opera-
tion .- they are anxious to see what we are doing. He offered as-
sistance from the Board in developing/ this presentation. He took
this as a real compliment and hoped someone will do this . It ap-
pears that anything you can do to help yourself will help you in
later years. Mayor Rollins thanked him for going down to make
this presentation.
Mrs. Hill said the Planning Commission recommended to Council
that the acquisition of Ayr Street through the hospital property
be explored. The Comprehensive Plan, as it is now, shows this
street coming from Market Street through the hospital property onto
Ayr Street on the other side. On October 4 , 1979, members of the
Hospital Board appeared before the Commission asking that Ayr Street
be temporarily closed during the construction of the Long Term Care
facility and stating they would re-evaluate the closing of this
street on completion of that facility. Our Town Engineer, on No-
vember 4 , answered Mr . Stevens ' request to permanently close that
street with curb and gutter - he noted that the Planning Commission
asked for re-evaluation. On November 24 , Mr. Stevens said they had
re-evaluated this and felt it should be permanently closed. He said
MINUTES OF DECEMBER 9 , 1981 MEETING .
263
they could pick up more parking spaces and that additional access
to the hospital is not needed. Cars used this as a short cut. It
was originally intended to be used as access to the hospital from
Market Street. The Town Engineer has given them-,permission to go
ahead and close it permanently. The Planning Commission does not
agree with this, hence the request to Council . They are asking
that the Council consider the acquisition of this street into the
Town ' s system. Mayor Rollins asked why they could not just let the
street be open? Mrs. Hill said that, according to the hospital, it
does not need to be open. Mayor Rollins said this body (the Council)
has the final determination. Mrs. Hill said the town has given them
permission to close it and they might go ahead tomorrow putting curb
and gutter around it. She is presenting this to Council tonight since
there will be no further meetings this month. Mayor Rollins said he
never was for closing the street - the Council bowed to the hospital
in a way they shouldn ' t have. :It was very temporary. Whether or
not that street is closed is up to the town. Mr. Niccolls said they
advised the hospital to do this becausethey could see no regulatory
basis for the town insisting that something else be done. It ' s a
private parking lot and a private driveway through their own lot.
He asked if Council could indicate what type of action they could
take to require them to open their private property to the public
street? The barrier (a chain link fence) is on their private prop-
C) erty. Mayor Rollins felt that street should go on through there.
The hospital has a way of trying to dictate everything around here.
-) Mr. Herrell asked if we have any facilities, such as sewer lines,
Q running through there? Mr. Shope said the storm sewer, sanitary
sewer and water main are all theirs . Mayor Rollins asked what hap-
s pens if there is a sewer disruption or a water leak in that area?
Mr. Shope said he believed the town has taken the position that it
will maintain these lines . Mayor Rollins said they didn ' t dedicate
anything from Cornwall Street to Ayr Street - this was a grave mis-
take. Mr. Hill reminded that they blocked Gibson Street with posts
at one time - he took exception to it and they took them down.
Mr . Herrell agreed with the Planning Commission ' s recommendation
that the town acquire the blacktop road that goes around the hos-
' pital . Mr. Hill said they went ahead with their plans when the
hospital was built - in fact, part of their building sits on what
was Ayr Street. Mr. Herrell said we should then be able to put
a road from that one to Heritage Square, so they could take all
that traffic off of Morven Park Road. Mr . Herrell felt Council
should explore the possibility of taking that road. It was felt
the Mayor should appoint a committee to meet with the Board of
Trustees regarding that road. Mayor Rollins asked Mr. Niccolls
to inform the hospital that the town does not acquiesce in the
closing of that street. Mrs. Hill said the present Comprehensive
Plan had Ayr Street going straight before Memorial Drive was built.
The new Plan they are working on has changed it, but has recommended
the same access . Mr. Herrell agreed that something should be done.
Mayor Rollins felt the water and-isewer line should be dedicated.
Mr. Niccolls said there is no benefit to the town to own this sewer
line - it serves only the Hospital . This has been explored before.
If it stops up, it is their problem. While we may assist them with
any problems, we will also bill them. To his knowledge, this has
never come up. Mr. Herrell was more concerned about the road. Mr.
Niccolls said there are a lot of implications to taking on a road
of that length and width. In 1979 or 1980 , the Hospital spent a
great deal of money restoring the pavement surface. Whether that
means the road was built with an insufficient base and that it would
be a maintenance headache if we take it into our system he did not
know. Council has to weigh whether the public benefits of having
a through road outweigh the actual costs of the acquisition and
future maintenance. It is in the power of the town to negotiate
with the hospital and to take it if they won ' t negotiate it. Mayor
Rollins asked if private property makes any difference to the Fire
Company? Mr. Willis said it does not but, if emergency dictates,
they could cut the gate. Mr . Herrell asked if there is any other
land on Morven Park Road that is zoned "MC"? Mr. Niccolls said
the lawn area in front of Heritage Hall is R-1 for the first 150
to 200 feet, Mayor Rollins asked the members of the Public Works
Committee (Mr. Hill, Mr . Bos and Mr . Willis) to serve as a commit-
tee to meet with the Hospital Board or_ its committee to seek to
resolve these differences . He suggested that Mr. Hill or Mr.
Niccolls contact Mr. Lynn Cornwell to see how he wants to handle
MINUTES OF DECEMBER 9 , 1981 MEETING.
264
this; also to discuss access to Heritage Hall .
Mrs. Hill said the Museum Board has approved going through
the old building. They now have $2 , 600 and will probably be able
to fix the bathrooms in the Odd Fellows Hall (these to be for the
public) . The heating system is not adequate for the needs of the
Museum, so they are trying to get public donations for a new heat-
ing system. They figure it will cost approximately $5, 000 .
Mr. Herrell said he personally has appreciated serving with him.
The town will really miss him - all you have to do is look around to
see some of the accomplishments that his leadership has brought to
the town. No-one could have sold any of these lots because there
would have been no water - now we should have water forever. He
hopes he might some day come back to Leesburg as Mayor.
Mr . Tolbert said Mr. Herrell has voiced his thoughts - perhaps
he will come to Richmond "to keep tab" on him.
MAYOR' S REPORT:
(1) Mayor Rollins said Mr. Bogle of Metropolitan Savings and
Loan Association asked on Monday what the town was doing charging
penalty on taxes . He discussed this with Mr. Taylor and Mr. Nic-
colls, finally resolving that the law wasveryclear that we could
not charge a penalty on Monday when the deadline fell on a Satur-
day, Sunday or holiday. Such matters should be cleared through
the Town Attorney before such decisions are made. The Attorney
General has rendered several opinions on this subject. The mana-
ger or department head should not make such decisions without the
Town Attorney being asked for an opinion. There were some very
irate citizens , and justifiably so. He did commend the Manager
and the Finance Director for the response they took. He thought
the editorial in the Times-Mirror was very appropriate. There was
some question in his mind as to whether the Finance Director could
refund this money without some Council action, so he asked for a
resolution to refund this money.
81-167 - RESOLUTION - AUTHORIZING REFUNDS .
On motion of Mayor Rollins, seconded by Mr. Tolbert, the
following resolution was proposed :
WHEREAS, penalties were assessed on taxes erroneously;
THEREFORE, RESOLVED by the Council of the Town of Leesburg
in Virginia as follows :
SECTION I . Refund3of erroneously assessed penalties are
authorized.
SECTION II . A $500 . 00 appropriation is made from the Gene-
ral Fund to Account #4600 . 309 , Refunds , for the fiscal year
1982 .
Mr. Niccolls said refunds have been made. There was a refund ac-
count in the budget and we are making another one with this ap-
propriation. The resolution was unanimously adopted:
Aye: Councilmembers Bos, Herrell , D. Hill. M. Hill , Tolbert,
Willis and Mayor Rollins .
Nay : None.
In addition to the above, Mayor Rollins did not think anybody
can open the Town Office, other than regular hours like was done,
other than this body. Those who worked on Saturday would be expect-
ing to be paid for their time - this would be an illegal expendi-
ture of funds. The Attorney Generalhas spoken to this question
very specifically. Mr. Hill asked if the office isn ' t open on
some Saturdays at license time - this would fall in the same cate-
gory? Mayor Rollins said he thought they do, but he didn ' t think
it is legal . Mr . Hill asked for an opinion from the Town Attorney?
Mr. Martin felt the Mayor is correct. Mayor Rollins said there is
MINUTES OF DECEMBER 9 , 1981 MEETING.
265
a specific opinion from the Attorney General on the fact that, o
even though the office might be open on a Saturday to allow tax-
payers the opportunity to pay their taxes on time, a penalty can-
not be charged on the next business day. Mr. Niccolls gave an
administrative view of this matter. If it is illegal to spend
funds for the labor to keep the office open, it would
then be illegal for him to authorize overtime for plowing the
streets because the town has never spoken specifically on this.
Overtime operations are budgeted and there are monies for this
purpose budgeted for the Finance Department. The office has stayed
open on the Saturday before for tax collection, whether the exact
day or not, and it was under this tradition of serving the public,
in the broadest sense, that they chose to keep the office open -
not in any sense to grab the penalty from people when they walked
in the door on Monday. We also stay open on the last Saturday pre-
vious to April 15th for license stickers. There is no direction
from this council as to what our office hours are - perhaps we need
a written policy. We thought it was a service to the public to re-
main open. He wants the public to be assured that we didn ' t do
this to collect the penalty. Mayor Rollins said he did not mean to
imply this - such decisions should be made by the Town Attorney.
There ' s no use having him if we aren' t going to utilize him.
0 (2) Mayor Rollins said he has received a letter from Mr. Cole,
T in which he is asking for certain action to be taken. There was
an accompanying petition signed by 15 people living in the area.
Q This concerns the rezoning requested by Mr. Chewning sometime ago
and which rezoning was denied by the Council . Mr . Bos said it was
Q withdrawn by Mr . Chewning. The letter states that the residents
of South King Street want to retain the pleasant residential at-
mosphere of their community. They are disturbed by what appears
to be a violation of the residential zoning of the area - the resi-
dence at 150 South King Street is apparently being used for commer-
cial purposes . Mayor Rollins understands that Mr. Cole has asked
Mr. Forbes to take some action on this and he has refused. It is
clear as far as he (Mayor Rollins) is concerned that Mr . Forbes
has the undisputed authority to enforce the Zoning Ordinance in
court if he feels there is a zoning violation. Mr. Martin agreed
with this. Mr. Niccolls said he received this letter and directed
Mr. Forbes to conduct an investigation to determine whether in his
view there is an existing violation and, if so, to take the appro-
priate actions, including an enforcement Order , and follow it up
in the absence of compliance with appropriate legal action, in-
cluding an injunction or a criminal complaint. He advised all
signators of that lette that we would be making an investigation.
Regretfully, he informe � at he wouldn ' t discuss the details of
the investigation results with them until such time as we had de-
cided whether or not a complaint was warranted. Mr. Forbes has
begun investigation - after he makes a finding as to whether or
not there is a violation in his view, then we will take the next
step. This might be to advise these people that there is no vio-
lation, or to consult with the Town Attorney as to what action
should be filed and in which court. These letters have already
gone out . Mr. Hill thought the "dishes" have been removed.
(3) Mayor Rollins said the term of Herman Costello expires
on the Board of Zoning Appeals on December 31, 1981. These ap-
pointments are usually made by the Circuit Court Judge and he
usually follows the wishes of the Council on those appointments .
I/ 81-168 - RESOLUTION - RECOMMENDING REAPPOINTMENT TO BOARD OF ZONING
APPEALS .
On motion of Mr. Tolbert, seconded by Mr . Herrell, the follow-
ing resolution was proposed and unanimously adopted :
WHEREAS, the term of Herman Costello as a member of the
Leesburg Board of Zoning Appeals expires on December 31,
1981;
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
e MINUTES OF DECEMBER 9, 1981 MEETING.
26
Council recommends the reappointment of Herman Costello
for a term of five years, beginning January 1 , 1982 and
expiring December 31, 1986 , and the Mayor is directed to
send Council ' s recommendation to the Judge of the Circuit
Court.
Aye : Councilmembers Bos, Herrell , D. Hill , M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay: None.
Mayor Rollins asked Mr. Martin to draw the order for the Judge to
make this reappointment.
Mayor Rollins said there are four appointments to be made to
the Board of Architectural Review. The Board is comprised of -seven
people - Mr. Herrell from the Council , Mr. Webb from the Planning
Commission and Mr. Forbes as Zoning Administrator. The other four
are appointed by the Mayor for a term of three years, with the ad-
vice and consent of the Council . The appointments expired June 30
of this year and, in the absence of appointments by the Mayor, these
people have continued to serve under the law until they are reappointed
or replaced. Mayor Rollins said he has been dilatory in making these
appointments because he has been concerned, as well as some members
of Council , that the membership of this Board should be from within
the corporate limits. Mr. Brownrigg has moved about a mile outside
the corporate limits . He understands Mr . Wilhoit has moved to Alex-
andria - however, both of them hate continued to serve rather regu-
larly. He will reappoint Mr. Brownrigg, Mr. . Plaster and Mr. Jones.
He will not reappoint Mr. Wilhoit because he has moved a consider-
able distance away -. in_ his stead, he _ is appointing Martha Lynch,
who has -a- great.:deal of.- interest in architectureand in downtown
Leesburg and its preservation. He shares some of the feelings
about Mr. Brownrigg not living within the corporate limits - how-
ever, he will not be angry if they do not confirm him on that basis.
He feels he has done a good job. Mrs. Hill said this requirement
that members of this Board be residents of the town has been dis-
cussed in Planning Commission and has been set for public hearing,
with the intent of possibly changing it. Mr. Herrell felt Mr. Brown
rigg has done an excellent job on this Board and as Chairman .- how-
ever, he feels that members of the Town ' s boards and commissions
should be residents of the town. He said he could not support his
appointment for this reason.
81-169 - RESOLUTION - CONSENTING TO AN APPOINTMENT TO THE BOARD OF
ARCHITECTURAL REVIEW.
On motion of Mrs. Hill , seconded by Mr. Tolbert, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
Council hereby consents to the appointment by the Mayor of
Martha M. Lynch as a member of the Board of Architectural
Review, said term to expire on June 30 , 1984 .
Mr. Bos agreed with this appointment - he felt Mrs . Lynch is sensi-
tive to the needs of the downtown area and her background, educa-
tion and experience lends itself toward making a good member. Mrs.
Hill thought she will be a very fine addition.The resolution was
adopted by a roll call vote of 5 to 0 , Mayor Rollins not voting
and Mr. Hill absent at this particular time :
Aye: Councilmembers Bos, Herrell , M. Hill, Tolbert and Willis.
Nay : None.
81-170 - RESOLUTION - CONSENTING TO THE REAPPOINTMENT OF A MEMBER
TO THE BOARD OF ARCHITECTURAL REVIEW.
On motion of Mr. Herrell, seconded by Mr. Tolbert, the fol-
lowing resolution was proposed:
MINUTES OF DECEMBER 9 , 1981 MEETING.
267
RESOLVED by the Council of the Town of Leesburg, Virginia, O
as follows :
Council hereby consents to the reappointment by the Mayor
of B. Calloway Jones as a member of the Board of Architec-
tural Review, said term to expire on June 30, 1984 .
Mr . Herrell felt Mr. Jones has done an excellent job and he adds an
extra dimension to the Board since he is an architect. The resolu-
tion was unanimously adopted by a roll call vote of 5 to 0, Mayor
Rollins not voting and Mr. Hill absent at this particular time :
Aye : Councilmembers Bos, Herrell, M. Hill, Tolbert and
Willis .
Nay: None .
81-171 - RESOLUTION - CONSENTING TO THE REAPPOINTMENT OF A MEMBER
TO THE BOARD OF ARCHITECTURAL REVIEW.
On motion of Mr. Bos, seconded by Mrs. Hill , the following
resolution was proposed :
r RESOLVED by the Council of the Town of Leesburg, Virginia,
CD as follows :
Council hereby consents to the reappointment by the Mayor
a of W. Emory Plaster , Jr. as a member of the Board of Archi-
Q tectural Review, said term to expire on June 30, 1984 .
Mr. Herrell said Mr. Plaster has done an excellent job. Mr . Bos
said Mr. Plaster carries in his head a vast knowledge of the his-
tory of Leesburg. The resolution was adopted by a roll call vote
of 5 to 0, Mayor Rollins not voting and Mr. Hill absent at this
particular time:
Aye: Councilmembers Bos , Herrell , M. Hill, Tolbert and
Willis..
Nay : None.
81-172 - RESOLUTION - CONSENTING TO THE REAPPOINTMENT OF A MEMBER
TO THE BOARD OF ARCHITECTURAL REVIEW.
On motion of Mr. Bos, seconded by Mr . Willis, the following reso-
lution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
Council hereby consents to the reappointment by the Mayor
of Phillip P. Brownrigg as a member of the Board of Archi-
tectural Review, said term to expire on June 30, 1984 .
Mr. Bos supported this reappointment - Mr . Brownrigg has been Chair-
man for a good many years and has been instrumental in the process
of subtle persuasion in working with people to be sensitive to the
architecture of their building when making changes. We will deal
with the issue of town residency at a later time - when it becomes
an issue of law. Mrs. Hill agreed with this, but she hopes Council
will change this requirement, so that any member of the Board of
Architectural Review will be a resident of the town. Mr. Tolbert
asked what would happen if there is not a resident of the town in-
terested in serving on this board - what happens after they have
' I/ exhausted all means? Mrs. Hill didn ' t feel there would be any
problem with this. Mr. Herrell did not think political decisions
should be made concerning those living in town by anyone not living
in the town. As a citizen of the town, he could not agree with that.
After some further discussion concerning residency, the resolution
was adopted by a roll call vote of 4 to 2 , Mayor Rollins not voting :
Aye : Councilmembers Bos , M. Hill , Tolbert and Willis .
Nay: Councilmembers Herrell and D. Hill .
2 e MINUTES OF DECEMBER 9, 1981 MEETING.
U 8
(4) Mayor Rollins said he will submit his resignation ef-
fective Midnight December 31st, so this will be his last meeting
as Mayor. He said he has made a lot of history as Mayor of the
Town of Leesburg - he has served as Mayor longer than any other
Mayor in the Town ' s history. He has resigned twice to go to the
General Assembly and it is no less sad tonight than it was the
first time. Everything he has he owes to the Town of Leesburg
and to the County of Loudoun. He has dedicated a large portion
of his public life to the Town - there are those who think this
is good and those who think it is terrible, but that is politics
and public life. He has served in all three branches of Virginia ' s
government - the Judiciary, as Mayor and in the Legislature - he
has enjoyed every minute of the time he has served and he has
served with some very distinguished people. He came back to serve
the Town at a time of some disarray mainly for one reason - to do
what he could to get the Potomac River Plant built. He had not
served with anybody on this body at that time except Mr. Hill, but
he has appreciated and enjoyed immensely serving with these council-
members. They are all very dedicated people who have put in their
time and effort to serve the community and have given every ounce of
energy and intelligence to the betterment of the Town of Leesburg.
He disagreed with the procedure Council had before he became Mayor
and hoped the present system is preferable to the system they had
before; he hoped that those here now who will be back will not let
that system change - there is no system that works any better than
the committee system - it gives those members an expertise in the
field they deal with. This is true from the Federal Congress_ right
down to this level . The people who have served on this body through
the centuries have been much more capable than those who have
served in other capacities in this entire county. He has served
with people who have literally given their life (remembering Maloy
Fishback, who% died serving the Town of Leesburg) ; and there have
been people over the years who have been instrumental in the im-
provement and betterment of this community. He congratulated the
people sitting around this table - they will go down in the history
of this town as the six people who had the vision, imagination and
foresight to provide this community with one of the most important
natural resources that you can have - water. It will be more val-
uable in years than oil. We have a sewage system that, when ex-
panded, will be second to none in providing essential services to
this community. It was not an easy vote that day when we sat
around and sold those bonds and he had second thoughts as to whether
it should be done, but hindsight shows they made a very wise and
courageous decision. There have been many other things - for a long
time we have needed to take the crown off of Route 7 to keep the
water from running in the stores - that project is now half com-
pleted. There are many other things far too numerous to mention.
From the bottom of his heart, he has so much enjoyed the coopera-
tion each has given him in this role. During the first meeting of
the campaign, he was asked if he was in favor of firing the Town
Manager. His response was much as it is now - We have a Town Mana-
ger that is a very capable young fellow - very efficient and the
cooperation he has given him has been excellent. Leesburg is very
fortunate to have him - he is a very strong, capable, persistent
manager, but he (the Mayor) was just as strong and "the bucks"
stopped with him, not with the manager . Whoever fills that seat
has to have that same philosophy. You' ll never find a better man
than John Niccolls, but the process has to work. We have other
competent people as well, individually and collectively. He did
not know of a municipality in Virginia, and probably anywhere in
the United States, that has any more capable staff - the people
of Leesburg should be proud of them. Don ' t ever forget that this
body has the final say - this is so often forgotten. It will not
be many years down the road when the people will realize how for-
tunate they are to have had the things done that this Council has
done for them. Ten years from now, he believes Leesburg will have
the cheapest water and sewer rates in Virginia because there is very
little expenditure to be made . He looks forward to the dedication
of the Potomac Plant and to coming back on occasion and being a spec-
tator. He would envision the scenario at the end of the year to be
that Mr. Hill would have the full authority to act as Mayor until
the first meeting of the Council in January. At that time, Council
can appoint a Mayor to serve until the next election. If it be some-
body outside the Council , there would be no seat to fill but, if it
is someone on the Council, he hoped Council would fill that seat also
at the first meeting in January.
MINUTES OF DECEMBER 9 , 1981 MEETING .
269
n
81-173 - RESOLUTION - MAKING APPOINTMENT TO LEESBURG PLANNING
COMMISSION.
On motion of Mrs . Hill, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted :
WHEREAS , the term of office of James L. Griffith as a mem-
ber of the Leesburg Planning Commission expires on Decem-
ber 31, 1981;
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
James L. -Griffith is hereby reappointed a member of the
Leesburg Planning Commission for a term of four (4) years,
the term of office to expire on December 31, 1985.
Aye : Councilmembers Bos , Herrell , D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay: None.
Mrs. Hill commented that Mr . Griffith has been a good and faithful
member of the Commission.
CD
81-174 - RESOLUTION - TEMPORARILY WAIVING PARKING METER RULES .
7 On motion of Mr . Willis, seconded by Mr. Tolbert, the following
Q resolution was proposed :
Q
RESOLVED by the Council for the Town of Leesburg in Virginia
as follows :
Division 2 , Article VI , of Chapter 10 of the Town Code shall
not be enforced between December 10, 1981 and January 2 , 1982
inclusive.
There was some little discussion as to whether this included all
the meters - those on the street as well as in the lot. Mrs . Hill
said this is what the businesses want. The resolution was unani-
mously adopted:
Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins .
Nay : None .
81-175 - RESOLUTION - REQUESTING PERMISSION FROM VEPCO AND ASSUMING
RESPONSIBILITY FOR CHRISTMAS LIGHTING.
On motion of Mrs . Hill, seconded by Mr. Bos, the following reso-
lution was proposed :
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I . The town manager is authorized to make applica-
tion to the Virginia Electric and Power Company for the
privilege of attaching to a number of their poles along
King Street and Market Street certain wires and other fix-
tures necessary to provide decorative lighting for the
Christmas season.
I/ SECTION II . The town will assume all responsibility for each
installation and agrees to save harmless from any loss, cost,
injury or damage to persons or property resulting out of or
arising from the installation, operation, use, non-use or
removal of such installations .
Mr . Hill asked if the town ' s insurance carrier has been advised?
Mr. Niccolls thought this was routine coverage but he will check on
this. The resolution was unanimously adopted :
Aye : Councilmembers Bos, Herrell , D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins .
Nay : None.
270 MINUTES OF DECEMBER 9 , 1981 MEETING .
81-176 - RESOLUTION - AUTHORIZING A TRAINING CONTRACT WITH THE
PUBLIC MANAGEMENT INSTITUTE OF GEORGE MASON
UNIVERSITY .
On motion of Mr. Bos, seconded by Mrs. Hill, the following
resolution was proposed :
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I . The manager is authorized and directed to exe-
cute on behalf of the town a contract with the Public Man-
agement Institute of George Mason University for a training
program entitled "Strengthening Public Decision Making
Through Cable Television : A Training and Advisory Ser-
vices Program for the Town of Leesburg" at a total cost
of $3 , 159 . 05. The Scope. of_Services• for-.the programto__be
referenced in the contract shall reflect the proposal
submitted November 18 , 1981 by the Public Management In-
stitute.
SECTION II . An appropriation in the amount of $2 , 160 is
made from the General Fund to Account No. 1205 . 300, Con-
tractual Services, for the fiscal year ending June 30, 1982 .
SECTION III . This resolution shall be effective following
an acceptable interview of the training personnel by the
council to be scheduled as soon as possible.
Mrs. Hill explained that the difference in the amount appropriated
and the amount of the contract is that the Cable Advisory budget
includes $1, 000 for contractual services. Mr. Bos said three mem-
bers of Council met today with Dr. Barbee and Dr. Rainey, along
with Mr . Minor. He was impressed with what they intend to cover
in this training session and strongly supports this . We need to
take advantage of this training. Mrs . Hill said this training
session will be held here in Leesburg, probably at the cable TV
studio. She was impressed also and feels we all have something to
learn. Mr. Hill concurred with Mr. Bos and Mrs. Hill and agreed
that the town will be the beneficiary. Mr . Bos was excited about
the fact that this might be a vehicle to give a broader understand-
ing and participation by Leesburg residents that aren 't really in-
volved in local government. Perhaps they will become interested
if they are exposed to it. He hoped we could take advantage of it.
Mr. Tolbert asked if the Cable TV Commission will be involved in this?
Mrs . Hill said not in all the sessions, but they will be in the final
session. Mr. Bos asked if any other outfits were contacted or are
they the only ones in this vicinity? Mr . Minor said they are the
only ones in this area - very few people do this type of training.
Mrs. Hill commented that this is a relatively new field. Mr. Bos
said it was mentioned that this is not a very profitable contract
to do a training session for a relatively small area . This does
not seem like a bad price to him. Mr. Minor said Dr . Rainey ' s
normal rate is 21 times this amount. The resolution was unanimously
adopted:
Aye : Councilmembers Bos, Herrell , D. Hill , M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay: None.
81-177 - RESOLUTION - MAKING APPROPRIATION FROM THE AIRPORT FUND
FOR FISCAL YEAR 1982 .
On motion of Mr. Tolbert, seconded by Mr . Willis, the follow-
ing resolution was proposed :
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
A $1 , 272 . 41 appropriation is made from the Airport Fund to
Account No. 6000 . 300 , Contractual Services, for fiscal year
1982 .
Mrs. Hill said this is half the total cost overrun on the project.
Janelle Aviation is paying the other half. They were originally
going to put in only 31 inches of foil-back insulation, but they
MINUTES OF DECEMBER 9, 1981 MEETING.
ended up putting in 6 inches of vinyl-back insulation. Mayor 271
Rollins asked who is responsible for maintenance of the hangars?
Mr. Niccolls said the tenant is. Mayor Rollins was referring to
the condition of the roofs - they need painting. Mr. Niccolls
said he would have to check the lease on that - he thought the
structural maintenance was the town ' s responsibility. Mayor Rol-
lins was referring to the hangars owned by Blue Ridge Aircraft.
Mr. Niccolls said they (Blue Ridge) are responsible for those.
Mr. Hill asked if those hangars revert to the town eventually?
Mr. Niccolls said they do. Mr . Hill also asked in what kind of
condition they revert? Mr. .Niccolls said the lease may require
them to maintain their premises in good condition during the term
of the lease - we will have to look at it. The resolution was unani-
mously adopted :
Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay : None.
81-178 - RESOLUTION - MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE
FISCAL YEAR ENDING JUNE 30, 1982 .
On motion of Mr. Willis, seconded by Mr. Bos , the following
O resolution was proposed:
CT RESOLVED by the Council of the Town of Leesburg in Virginia
7 as follows :
QSECTION I . Supplemental appropriations are made from the
General Fund to the following accounts for the fiscal year
ending June 30 , 1982 :
Account No . Appropriation
1205. 701 Equipment $ 850 . 00
3401. 540 Materials & Supplies 3 , 000 . 00
SECTION II . Supplemental appropriations are made from the
Utility Fund to the following accounts for the fiscal year
ending June 30, 1982 :
Account No. Appropriation
5300 . 720 Facility Planning, STEP I $9 , 000 . 00
5300 . 721 Facility Planning STEP II 5, 000 . 00
After explanation by Mrs . Hill, the resolution was unanimously
adopted:
Aye: Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay: None.
81-179 - RESOLUTION - CANCELLING COUNCIL MEETING OF DECEMBER 23, 1981.
On motion of Mr. Bos , seconded by Mr . Herrell, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
There will be no regularly scheduled meeting of the Town
Council on December 23, 1981 . The next meeting will be
held on January 13, 1982 .
Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins .
Nay: None.
MINUTES OF DECEMBER 9 , 1981 MEETING.
272
81-180 - RESOLUTION - AUTHORIZING PARTIAL RELEASE OF A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVE-
MENTS FOR CATOCTIN CIRCLE INDUSTRIAL SUBDIVI-
SION, SECTION I .
On motion of Mr. Bos , seconded by Mr . Willis, the following
resolution was proposed :
WHEREAS, Council Resolution 80-77 , adopted June 25, 1980
by Council , approved performance bond in the form of a
deed of trust from SRL Properties, Inc . to George M. Mar-
tin, Trustee, on Lots 1, 2 and 3 , Section I , Catoctin
Circle Industrial Subdivision; and
WHEREAS, a request has been received from SRL Properties,
Inc. to release Lot 1 from the Deed of Trust; and
WHEREAS, 95% of the estimated $68 , 924 guaranteed work has
been completed:
THEREFORE, RESOLVED by the Council of the Town of Leesburg
in Virginia as follows :
SECTION I . The Trustees for the Deed of Trust from SRL
Properties, Inc . to George Martin, Trustee, on Lots 1 , 2
and 3 , Catoctin Circle Industrial Subdivision, Section 1 ,
are authorized and directed to prepare a Deed of Release
for Lot 1, Section 1 , of Catoctin Circle Industrial Subdi-
vision.
SECTION II . George Martin, Trustee, is authorized and di-
rected to execute the Deed of Release for Lot 1 of Section
I , Catoctin Circle Industrial Subdivision.
Mr. Terry Titus, representing Mr . Lipscomb, requested that this
resolution be passed. Mr. Lipscomb has sale for this property -
it is the old Lowe ' s building. Mr. Hill asked what work remains?
Mr. Titus said it is essentially a punch list - patching the pave-
ment and some few clean-up things to be done. Mr. Shope didn ' t
recommend releasing this and accepting a maintenance bond until
the punch list items are completed. Mr. Titus said they don ' t
recommend that either. He did not know who it was . The resolu-
tion was unanimously adopted :
Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay: None.
On motion of Mayor Rollins, seconded by Mr. Bos, Council voted
unanimously to go into executive session to discuss certain legal
matters :
Aye: Councilmembers Bos, Herrell , D. Hill , M. Hill, Tolbert,
Willis and Mayor Rollins .
Nay : None.
A five minute recess was declared before executive session.
On motion, duly seconded, Council voted unanimously to return
to public session, with no action taken :
Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay: None.
On motion of Mr. Willis, seconded by Mr. Tolbert, Council
voted unanimously to adjourn.
Mayor
Clerk of t e Council