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HomeMy Public PortalAbout1982_03_10 320 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 10, 1982 . A regular meeting of the Leesburg Town Council was held in the Loudoun County School Board Meeting Room, 30 West North Street, Leesburg, Virginia on March 10 , 1982 at 7 : 30 p.m. The meeting was called to order by the Mayor, with the invocation by Mr. Tol- bert, and followed with the Salute to the Flag led by Mr . Herrell . Present were Mayor G. Dewey Hill, Jr . , Councilmembers Charles A. Bos, Glen P. Cole, Stanley D. Herrell, Jr. , Marylou Hill , John W. Tolbert, Jr. and Howard M. Willis , Jr . ; also Town Manager John Niccolls, Assistant Manager Jeffrey H. Minor, Assistant to the Manager for Community Development Marc Weiss, Director of Engi- neering Andrew G. Shope, Director of Finance Donald O. Taylor and Town Attorney George M. Martin. The minutes of the regular meeting of February 10, 1982 were approved as written. PETITIONERS : Mr . Colin McDiarmid, of the Loudoun County Volunteer Rescue Squad, distributed to councilmembers a brief financial summary for the current fiscal year and petitioned the council for an increase in their allotment for this coming year if it can be worked into the town ' s budget. He explained the financial statement, calling special attention to the fact that their fund drive for this year has brought in only about one-half of the previous year ' s contri- butions and their fund drive materials are depleted, so new ones must be bought . Major expenses coming up over the next year or so will be replacement of an ambulance at a total cost of about $45 , 000 , not including equipment to stock it (they hope to get around $15, 000 from the equipment they will be selling or trading, thus making the cost of the ambulance about $30 , 000) . They will also be needing additional equipment for a squad truck to bring it into compliance with new standards at about $5, 000. Repairs to the roof are estimated at about $2 , 000 . There were 1108 calls made last year, the majority of them being in the Leesburg area. They currently have 32 active members - all volunteers. Income from last year amounted to almost $72 , 000 and was derived from donations (including the town) , the fund drive, County grants and from memorials, special events, etc . They replaced the doors on the building with a metal insulated door at a cost of $8 , 200 and saved at least $300 . 00 a month in heating costs the first two months: --- They do not look for an increase from the County this year - at best they hope to wind up with what they did last year . Insurance costs have gone up and that will be reflected in the aid they receive. Mayor Hill said this will be passed on to the Finance Committee for consideration. Mr. Bos recalled that the town ' s contribution last year was $5, 000 . Mayor Hill said last year was the first time the town has given a monetary donation. MANAGER' S REPORT: Mr. Niccolls said there was no written Activity Report, but he reported the following : (1) The carpeting will be installed tomorrow at the Council Chambers and the wiring of the sound system has been completed. It should be ready for occupancy for the next meeting. Work up- stairs is moving along very well and it is ready for vinyl on the walls and the carpeting is in and ready to go . It looks like we ' ll easily make our April 1 completion date. (2) The draft final report comprising the plan for the South Harrison Street area which was described to Council about a month ago by the consultants has been reviewed by the staff and is being printed. It will be available at the first meeting in April . The actual plan will be ready for adoption. We think it is a real high order plan. (3) Appraisals have been received for the VEPCO and Blanken- ship tracts and the review appraisal has been secured. These will be brought to Council to talk about what level of compensation should be offered for the two properties . Offers will then be made based on those decisions . MINUTES OF MARCH 10, 1982 MEETING . 321 (4) A proposed contract with Dewberry and Davis is being processed for engineering work in the South Harrison Street area. This is the next step to getting the street improvements underway. ( 5) The only zoning permits issued are very minor ones . (6) The Capital Projects Summary and the cash balances are before you tonight. COUNCILMEMBER COMMENTS AND INQUIRIES : Mr. Bos said Mr. Tolbert was on one of the panels for the "vision" symposium put on this past week-end by the League of Women Voters . He represented himself and the town very well . Mr. Bos also said the sidewalk in front of the duplex on West North Street is in bad condition. Is the developer or the town responsible for this? Mr. Niccolls said it is probably on a list for repair - he will check on this. Mr. Bos said also the curb and gutter on the northwest corner of King and North Streets is in bad condition. Mrs. Hill said the Planning Commission voted to deny the Water- ford Investments rezoning application. The vote was 6 to 1 - they failed to show a need and it was not in accordance with the adopted Comprehensive Plan and not proposed in the updated Plan. Mrs. Hill said there were approximately 56 people against the proposed rezoning to MC of Memorial Drive, with 11 of them speak- ing. Those standing for it were the DeHarts, their lawyer and four others. None of those seven were residents of the town. Mrs . Hill asked that the Finance and Administration Committee consider the possibility of allowing the spillover of jurors to park in the Vinegar Hill Parking Lot when the County lot is full. Their request was for the municipal lot, but that is out of the question. There are times when there are 20 jurors called and some of them are there only about an hour. There are also times when they have two trials going at the same time. In the interest of time, she felt we should do this . Mr . Bos asked Mrs . Hill what was meant by "no need for it" concerning the Waterford Investments rezoning application? Mrs. Hill said there was not a need for it there - there is still some B-1 land next to the Jackson building . MAYOR' S REPORT: Mayor Hill said he and Randy Shoemaker will be going to Rich- mond on March 22nd to present slides and make an appeal to the Water Control Board concerning our Wastewater Treatment Plant expansion. He is personally looking forward to this since they have been invited to make an appearance. He asked if anyone else would like to go. Mr. Niccolls said presentation of the slide show is scheduled for both committees next week. Mayor Hill said he and Mr. John Pumphrey went to Richmond yes- terday just for a little exploration. They met a lot of people and were introduced to both houses - the Senate by Senator Waddell and the House by Delegate Rollins . At least these people know Leesburg exists. 82-0-10 - ORDINANCE - AMENDING SECTION 5 . 2-1 OF THE TOWN CODE. On motion of Mrs . Hill , seconded by Mr . Bos, the following ordinance was proposed : ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Section 5 . 2-1, Article I , Economic Development Advisory Committee, of the Town Code is amended to read as follows : 322 MINUTES OF MARCH 10 , 1982 MEETING . Sec . 5. 2-1. Committee established generally. (a) The Leesburg Economic Development Advisory Com- mittee is hereby established. The committee shall consist of nine members who shall be residents of the town. One of the members shall be a member of the Council, appointed by the Council , whose term of office shall correspond to his official tenure of office as a councilmember. One of the members shall be the Town Manager . The remaining seven members shall be appointed by the Council . Members shall serve terms of three years beginning on July first of the year of appointment. (b) The committee shall elect its chairman annually and the town manager, or his designate, shall serve as secretary. The committee shall meet monthly or more often as determined by the committee . SECTION II . This ordinance shall be in effect upon its pas- sage. Mrs. Hill explained that this just changes the number of members from five to seven - each councilmember will submit one name. Mayor Hill asked when their terms would start - does it mean the committee will be inoperative until July 1? Mr. Niccolls said any appointments made this calendar year will start on July 1 . The ordinance was unanimously adopted : Aye: Councilmembers Bos, Cole, Herrell , M. Hill, Tolbert, Willis and Mayor Hill. Nay: None. Mayor Hill suggested that each councilmember submit a name at the next council meeting, as well as a back-up. There will also be a member of council to be named to this committee. 82-30 - RESOLUTION - ACCEPTING ESTIMATED COSTS FOR ADJUSTMENTS IN VIRGINIA DEPARTMENT OF HIGHWAYS PROJECT NO. 0773-053-217 , M501 ON ROUTE 773 AND MAKING APPROPRIATION THEREFOR. On motion of Mr. Willis , seconded by Mr . Cole, the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The town agrees to pay the cost of adjustments in Project No. 0773-053-217 , M501 on Route 773 to raise the grade where needed and change the design of storm sewer structures to eliminate the need to lower the 16-inch water main to the Potomac River Filtration Plant. SECTION II . An appropriation in the amount of $17 , 500 is made from the Utility Fund to Account No. 5100 . 300 , Con- tractual Services, for fiscal year 1982 . Mr. Cole said this will be a lot cheaper and safer . Mayor Hill asked if we had any idea of this being a problem when this line was put in? And are we responsible for any contribution on this? Mr . Niccolls said we do since it is highway right-of-way outside the town. The resolution was unanimously adopted : Aye: Councilmembers Bos, Cole, Herrell, M. Hill , Tolbert, Willis and Mayor Hill. Nay : None. 82-31 - RESOLUTION - AUTHORIZING A CONTRACT WITH SIMAT, HELLIESEN & EICHNER, INC . AND DEWBERRY & DAVIS, INC . AND MAKING AN APPROPRIATION. RESOLVED by the Council of the Town of Leesburg in Virginia as follows : • MINUTES OF MARCH 10 , 1982 MEETING. 323 SECTION I . The manager is authorized and directed to exe- cute a contract on behalf of the town with Simat, Helliesen & Eichner, Inc . in joint venture with Dewberry & Davis, Inc. to provide a market analysis and planning study for Lees- burg Municipal Airport at a cost not to exceed $23, 775. 00. SECTION II . An appropriation in the amount of $23, 775. 00 is made from the Airport Fund to Account No. 6000 . 732 , Market Study for fiscal year 1982 . Mr. Bos asked if the town staff started with 10 or 12 outfits? This is pretty clearly the best choice. Mr. Tolbert said they had a very good proposal and they are doing work here already. Mr. Niccolls said the time frame for this report is five months. The resolution was unanimously adopted: Aye: Councilmembers Bos, Cole, Herrell, M. Hill, Tolbert, Willis and Mayor Hill . Nay: None. 82-32 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC HEARING ON APPLICATION #ZM-38 BY WATERFORD O INVESTMENTS . NT On motion of Mrs . Hill , seconded by Mr. Tolbert, the follow- -) ing resolution was proposed and unanimously adopted : Q a RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : A Notice of Public Hearing to consider Application Number ZM-38 by Waterford Investments to have rezoned from R-2 to B-1 approximately 10 , 000 square feet of land located on the west side of Old Waterford Road shall be published in the Loudoun Times Mirror on March 25, 1982 and April 1, 1982 for public hearing on April 14 , 1982 at 7 : 30 p.m. in the Council Chambers , 10 West Loudoun Street, Leesburg, Virginia. Aye: Councilmembers Bos , Cole, Herrell , M. Hill , Tolbert, Willis and Mayor Hill . Nay: None. On motion of Mr. Tolbert, seconded by Mrs. Hill , Council voted unanimously to go into executive session, pursuant to Section 2 . 1-344 of the 1950 Code of Virginia, as amended (a) ; Exemption (6) for discussion of a legal matter : Aye: Councilmembers Bos, Cole, Herrell , M. Hill , Tolbert, Willis and Mayor Hill . Nay : None. On motion of Mr. Herrell , seconded by Mr. Willis, Council re- convened at 8 : 30 p.m. 82-0-9 - ORDINANCE - TO PETITION THE CIRCUIT COURT OF LOUDOUN COUNTY, VIRGINIA, PURSUANT TO THE PROVISIONS OF CHAPTER 25, TITLE 15 . 1 OF THE 1950 CODE OF VIRGINIA, AS AMENDED, FOR THE ANNEXATION OF CERTAIN TERRI- TORY LYING IN LOUDOUN COUNTY, VIRGINIA, ADJACENT TO THE SOUTHERN, EASTERN AND NORTHERN CORPORATE LIMITS OF THE TOWN OF LEESBURG, SETTING FORTH THE NECESSITY FOR AND THE EXPEDIENCY OF SUCH ANNEXATION AND THE METES AND BOUNDS AND SIZE OF THE AREA SOUGHT; TO SHOW ON A MAP ANNEXED TO THIS ORDINANCE AND MADE A PART HEREOF, IN- • FORMATION INDICATING GENERALLY, EXISTING SUB- DIVISIONS, INDUSTRIAL AREAS, FARM AREAS, VACANT AREAS AND OTHER LAND USES; TO SET FORTH THE EF- FECT OF SAID PROPOSED ANNEXATION ON SAID COUNTY AND ITS ABILITY TO ADEQUATELY SUPPORT THE COUNTY GOVERNMENT AND PUBLIC SCHOOLS; AND TO PRESCRIBE MINUTES OF MARCH 10 , 1982 MEETING. 924 THE GENERAL TERMS AND CONDITIONS UPON . WHICH ANNEXATION IS SOUGHT AND PROVISIONS PLANNED FOR THE FUTURE MANAGEMENT OF THE ANNEXED TERRI- TORY, INCLUDING PROVISIONS FOR PUBLIC UTILITIES AND SERVICES THEREIN; AND TO AUTHORIZE THE IN- STITUTING AND CONDUCTING OF THE NECESSARY LEGAL PROCEEDINGS TO EFFECTUATE SAID ANNEXATION. On motion of Mr. Tolbert, seconded by Mr. Herrell , the follow- ing ordinance was proposed : ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . DECLARATION The Council of the Town of Leesburg hereby declares that said Town desires to annex certain territory in Loudoun County ad- jacent to the corporate limits of the Town in accordance with and pursuant to the provisions of Article 1 , Chapter 25, Title 15. 1 of the Code of Virginia. SECTION II . NECESSITY AND EXPEDIENCY The annexation of said territory more particularly hereinafter described is deemed by the Council of the Town of Leesburg to be both necessary and expedient in accordance with Article 1, Chapter 25 of Title 15. 1 of the Code of Virginia of 1950 , as amended to-date for the following reasons : 1 . The territory adjacent to the Town which is sought for annexation is now undergoing substantial growth and de- velopment and the activities therein are expanding rapidly. The social, recreational, civic , educational and religious interests of the inhabitants of the area sought to be annexed center primarily within the Town. Their interests, health and welfare are commensurate with the interests of the resi- dents of the Town and to a large extent are dependent there- on. 2 . The Town has experienced and caused and brought about a substantial growth in population which growth has expanded into the area sought to be annexed giving rise to demands for municipal facilities and services which demands have already been made and will continue to be made upon the Town of Lees- burg by industries, businesses and the inhabitants of the area sought to be annexed, which demands have so far been met to a large degree by the Town in providing many of these services. 3 . A portion of the area sought to be annexed is to a large degree urban in character and unless the remainder thereof is properly coordinated and planned for residential , industrial and commercial use, development of said area will not be made in an orderly and efficient manner. Furthermore, substantial portions of said area, that is those not now be- ing furnished with municipal services by the Town, require the furnishing of such services and the Town is the only governmental entity in a position to reasonably do so. 4 . The Town and the area sought to be annexed will form a compact and contiguous urban community and the need for a coordinated and integrated program of governmental services for the protection of said area is immediate and can only be met by the annexation of said territory to the Town. 5. Upon the annexation of said territory, the County of Loudoun would be relieved of the problems of governing an area urban in character together with the expenses incidental thereto which said government was not and is not designed to handle. The proposed annexation involves 15. 31 square miles of the total area of Loudoun County, which County has at pres- ent an area of 517 square miles and the County therefore would be left with ample resources to carry on its government without MINUTES OF MARCH 10 , 1982 MEETING. 325 affecting its present tax structures or standards of ser- vices, especially in view of the fact that the County would continue to extend over the said annexed areas its general County levy. The population of the proposed an- nexation area is estimated at 1 , 745 persons . SECTION III . DESCRIPTION OF AREA TO BE ANNEXED The metes and bounds and size of the territory sought to be annexed which lies in Leesburg Magisterial District, Dulles Magisterial District and Catoctin Magisterial Dis- trict is described as follows : (Copy of the metes and bounds description may be seen in the 1982 attachments file in the office of the Clerk of the Council) SECTION IV. MAP ATTACHMENT Attached hereto and made a part of this Ordinance is a map showing the existing corporate limits of the Town of Lees- burg and the part of Loudoun County sought to be annexed by the said Town, indicating generally the various land o usage of the: areas in said territory. As to the possible future uses of said property within the area sought to be annexed, the Town of Leesburg alleges that it has a well- organized local planning and zoning program so as to in- CX sure the orderly and efficient development of the present Q Town and the future uses of the property within the area sought to be annexed will be coordinated with the overall planning for the Town keeping in mind the best interest of the Town, the area sought to be annexed and the remaining portion of Loudoun County. SECTION V. GENERAL STATEMENT OF TERMS AND CONDITIONS UPON WHICH ANNEXATION IS SOUGHT AND PROVISIONS PLANNED FOR FUTURE MANAGEMENT OF THE TERRITORY 1 . The Town of Leesburg is advised that there is no existing indebtedness of Loudoun County of which it would be required to assume a proportionate part, nor any public improvements of Loudoun County within the area sought to be annexed for which the Town should reimburse the County. However, should any such debts or obligations exist, the Town of Leesburg will to the extent required by law, as- sume a just proportion of such debt and reimburse the County for any such public improvements as provided for in the 1950 Code of Virginia, as amended. 2 . The Town of Leesburg will proceed, with all reason- able dispatch, to make provisions for the future improvements now planned for the territory sought to be annexed including . provisions for public utilities and other municipal services therein. 3 . The Town, upon effective date of annexation will provide the territory sought to be annexed with the same qualitative municipal services and facilities presently provided by the Town for its inhabitants which are described below in this Ordinance. 4 . The Town will incorporate in its long-range programs for capital improvements such projects for extending public utilities, public safety, garbage and trash collection and disposal , streets and street lighting, police protection, fire protection and other municipal services into the terri- tory sought to be annexed as are necessary to provide for the needs of the area. 5 . The Town, upon the effective date of annexation, will discontinue any surcharges required to be paid by resi- dents of the territory to be annexed for using facilities MINUTES OF MARCH 10, 1982 MEETING. 326 provided by the Town and will equalize and make rates charged for utility service uniform throughout the Town and the territory sought to be annexed. 6 . The Town will give preferred and intensive at- tention to the preparation and adoption of a master plan for the development of the territory sought to be annexed, particularly the vacant, rural and undeveloped lands for the orderly, practical and economic use of the land area for residential, commercial and industrial purposes and the preparation and adoption of a comprehensive zoning ordinance regulating such uses of the land; and will plan and extend its programs arid municipal services and facili- ties for capital public improvements to encourage urbaniza- tion and residential , commercial and industrial development in the County area sought to be annexed. 7 . The Town of Leesburg is amply able to assume and discharge the responsibilities of government in the area sought to be annexed and to furnish the governmental ser- vices and facilities needed therein . SECTION VI . PROCEEDINGS FOR ANNEXATION The Town Manager and Town Attorney are authorized and di- rected to institute and prosecute, as soon as practicable, in the name of the Town of Leesburg any and all legal pro- ceedings required to annex the territory described herein . to the Town of Leesburg in accordance with a decree or judgment of a Court of competent jurisdiction and in that regard, to give the requisite notice to the Commission on Local Government in accordance with Chapter 19 . 1 of Title 15 . 1 of the Code of Virginia of 1950 . The Town Manager and Town Attorney are hereby authorized to employ such special , legal , technical, expert and other assistants as, in their discretion, are necessary to perform the duties enjoined upon them. SECTION VII . EFFECTIVE DATE OF ORDINANCE This Ordinance shall be in force and effect this 10th day of March, 1982 . Mrs. Hill felt the Council should concur in the employment of special , legal , etc . assistants by the Manager and the Town Attorney, or some approval by Council . Mr . Niccolls said if it requires prior approval they could run into difficulty - as an example, if they had to hire somebody on a survey problem, they would need to do it rather quickly. Mr. Bos felt that, under the negotiation agreement adopted recently, Council would certainly be informed as to the progress . Mayor Hill felt confident that the Manager and the Town Attorney would not obligate the town to anything they couldn ' t handle. The ordinance was unanimously adopted by a roll call vote: Aye : Councilmembers Bos, Cole, Herrell, M. Hill , Tolbert, Willis and Mayor Hill . Nay: None. 82-33 - RESOLUTION - APPROVING A PLAN FOR ANNEXATION OF TERRITORY TO THE TOWN OF LEESBURG. On motion of Mr. Willis, seconded by Mr. Tolbert, the follow- ing resolution was proposed : WHEREAS, this Council carefully studied expansion of the Leesburg corporate limits and secured information clearly demonstrating annexation is in the public interest and benefits the town, areas now outside the town and Loudoun County; and WHEREAS , by Ordinance No. 82-0-9 adopted this date the Town of Leesburg initiated annexation of some 15. 3 square miles of land in the Leesburg area; and MINUTES OF MARCH 10 , 1982 MEETING. 327 WHEREAS, the residents of Leesburg and Loudoun County are entitled to an early explanation of the reasons for this action and a statement of this Council ' s policies with re- gard to annexation in addition to other supporting informa- tion which will be available later through filings with the Local Government Commission, the Special Annexation Court and required public hearings : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : • SECTION I . This Council adopts the following statement on its plans for annexation of territory now outside the cor- porate limits . 1. Leesburg intends to pursue annexation under statutes giving towns the right and obligation to assume jurisdiction of urban and developing areas around its corporate limits under the well established principle of Virginia local govern- ment law that urban areas should be governed by municipalities and rural areas should be governed by counties . Approporiate resources of the town are to be assigned to vigorously and effectively seek equitable resolution of the annexation plan. O Leesburg seeks only to govern those areas, in cooperation with Loudoun County, in which its vital interests lie, specifi- cally those developing at an urban scale, those surrounding important town owned facilities and those areas required to Q protect and preserve intact Leesburg ' s identity as a distinct Q urban area surrounded by country-side and agricultural uses. 2 . Leesburg will not permanently renounce its rights to become a city in exchange for limited annexation authority. The price to be paid by future Leesburg residents for short- term annexation gains exceeds benefits derived from such an agreement with Loudoun County. Leesburg has no intention of studying or considering city status within the time frame of this annexation and considers the city status issue premature. This position is based on the following : (a) Permanent renunciation disenfranchises future resi- dents . (b) Loudoun County could become a city in the future and unilaterally downgrade Leesburg to a "township" . (c) The county could become overly expensive to Lees- burg as demands for urban services in eastern Loudoun are met by new and expanded county programs. (d) Leesburg could grow to a population which makes city status more efficient than the combination of town and county governments. (e) The possibility of city conversion is a strong ne- gotiating tool which should be retained in Leesburg ' s future dealings with Loudoun County. (f) Future state legislation could reduce the authority and resources of the town. (g) Leesburg gains little by permanently renouncing rights to future city status conversion. 3. Leesburg has previously expressed willingness to negotiate annexation issues with Loudoun County and to con- sider legitimate concerns Loudoun County has over issues specifically related to this annexation. The town ' s action to initiate annexation under Ar- ticle 1, Chapter 25, Title 15. 1 of the State Code begins a process which includes (1) formal notice to all affected local governments , (2) submission of detailed information to the Virginia Commission of Local Government by both the town and county and (3) meetings between the town and county under the auspices of the Commission all occurring during a period of up to six months before a formal suit can be filed. 4 . Traditional annexation procedure involving the Vir- ginia Local Government Commission and Special Annexation 328 MINUTES OF MARCH 10 , 1982 MEETING . Court gives ample opportunity for agreement between the town and the county. While both Loudoun County and Lees- burg will inevitably incur expenses in the proceeding, costs will not become unreasonable unless a confrontation arises over procedural tehcnicalities. Leesburg takes at face value the Loudoun County Resource Management Plan which advocates growth in and around Leesburg, expansion of the Leesburg utilities systems and extension of the town corporate limits . 5. Leesburg believes the proposed annexation benefits the existing town, the area proposed to be annexed and Loud- oun County in these ways : (a) The existing town benefits by stabilization of tax rates, improved public service efficiencies, protection of utility service area, a larger voice in county affairs, ex- tension of control over Leesburg area development, control of Leesburg Airport and airport development areas and a broader opportunity for economic development. (b) Annexation area residents benefit from town ser- vices including expanded police protection, refuse collec- tion services, street maintenance, snow removal , street lighting, voter enfranchisement improved delivery and co- ordination of public services , prompt extension of cable television service, improved environmental protection and the future development of recreation facilities and elimi • - nation of the 50 percent utility surcharge. (c) Loudoun County benefits by a reduced demand on county services from the area proposed to be annexed, the strengthening of service capabilities of the town in an area the county has designated for development and by a strengthened town government which reduces the likelihood of future city transition. SECTION II . This resolution shall be published in full in the Loudoun Times Mirror March 18 , 1982 edition. Mrs . Hill had suggested changes for several words and phrases in the resolution and, after some discussion concerning these, on motion of Mr. Herrell , seconded by Mr. Bos, Council voted unani- mously to make the following changes : (1) In paragraph numbered 1 - "specifically those developing at an urban scale"-change to " urban density" . (2) In paragraph 2 (a) -"Permanent renunciation disenfranchises future residents. " - change to "Permanent renunciation denies future residents a choice of their form of govern- ment" . ( 3) In paragraph 5 (b) - "street lighting, voter enfranchise- ment" - change to " , citizen enfranchisement" . Aye: Councilmembers Bos, Cole, Herrell, M. Hill, Tolbert, Willis and Mayor Hill . Nay: None. Mr. Bos was glad to see the Council considering such a resolu- tion - up to now the Town Manager has made some public statements and the Council hasn ' t - it is high time the Council makes such a statement. He hopes this will end the speculation on the ways we might or might not negotiate - it will set the process in motion. He is personally in favor of going as far as they can with the County in terms of reaching a mutually satisfactory negotiation that will avoid any kind of prolonged court suit. Everybody in the area will benefit from this - not only legal ex- penses but the ill feelings and the adversarial relationship that develops from traditional annexation suits can be avoided by all parties going to the nth degree in negotiation. This is good for both the town and the county - once the County and the residents see this, he hopes they will recognize it. It should also provide . a better basis for future planning - once the utility jurisdiction is solved. MINUTES OF MARCH 10, 1982 MEETING. The town needs to be set out with fixed natural boundaries32 9 albeit perhaps large, to allow for future growth - this is a real goal of his . The identity of the town, starting with the historic core and working its way outward, is the way to go - a green: belt or agricultural zone around the town would certainly keep the identity of the town intact. It may require some pretty contempor- ary planning concepts. "Transferable development rights" might be one of the keys to be considered - to allow people who own property that would become a permanent green zone to be compensated somewhat for their loss of developable rights. This program has a certain amount of controversy surrounding it, but it is one direction Coun- cil could think - it has a big possibility. He hoped this annexation will promote the fact that the town and the county goals , as far as growth is concerned, are really very similar. There is no rampant growth, it is really a matter of mutual planning in the proper area. Leesburg is in the right place at the right time when the economy breaks . We are close to Tyson ' s in the Washington area, we have the historic core, we have a utility system that is on the verge of being able to pro- vide service well into the next century at rates that will be- come cheaper and cheaper . He did not feel there is anything in r- the area that compares to Leesburg . - this is the spot. The O council is taking the right action tonight to promote both the preservation of what we have and the proper promotion of growth in the future. He feels this resolution says the right thing. 7 a Mr. Herrell felt that all statements made by the manager have been made at the direction of the Council . Mayor Hill said he certainly concurs with the ordinance and the resolution and has supported it from its beginning. Last week he was privileged to appear on Channel 33 with Dave Patten, who asked him some questions on annexation. He tried to examine some of the considerations we have had to go through - it was his opinion that the study area the LAMP members for the town were involved in had to be for a higher density. It is a matter of fact that this would be a disagreement. The town knows more about the type of growth that is compatible with what we now have and what we would like to see immediately outside our boundaries. He received a copy tonight of the County' s action on Monday. They are trying to get into a Comprehensive Plan, which the council has not really gotten into thoroughly, and which he refused to discuss with them last week. He feels we will have answered practically every question the Board had in their mind on Monday with the adoption of this ordinance and this resolution. He hoped they will see the light of cooperation extended from the town. They more or less agreed that annexation was a certainty and now it is "for real . " If they really want to cooperate, now is the time to do it - he extend± the hand of friend- ship and brotherly love - he hoped they will accept this. The resolution, as amended, was unanimously adopted : Aye: Councilmembers Bos, Cole, Herrell, M. Hill, Tolbert, Willis and Mayor Hill . Nay : None . On motion of Mr . Herrell , seconded by Mr. Tolbert, the meet- ing was adjourned at 9 : 00 p.m. (ZilL May, Clerk of le Council