HomeMy Public PortalAbout1982_11_15 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 15, 1982 .
A regular meeting of the Leesburg Town Council was held in 97
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia
on November 15, 1982 at 7 : 30 p.m. , pursuant to notice of reschedul-
ing due to a conflicting meeting on November 10. The meeting was
called to order by the Mayor, with the invocation by Mr. Tolbert,
and followed with the Salute to the Flag led by Mr. Phil Bolen.
Present were : Mayor Robert E. Sevila, Councilmembers Charles A.
Bos, Reginald K. Gheen, 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 and Director of Engineering Andrew G. Shope.
Absent from the meeting was Councilmember Edgar L. Coffey, Jr.
On motion of Mrs . Hill , seconded by Mr. Tolbert, the minutes
of the regular meeting of October 13 , 1982 were unanimously ap-
proved as written:
Aye: Councilmembers Bos, Gheen, Hill , Tolbert, Willis and
Mayor Sevila .
Nay : None.
PETITIONERS :
NTMayor Sevila recognized a group of third-graders, along with
two of their teachers, from the Leesburg Elementary School . A
0 Proclamation designating November 14 - 20 , 1982 as AMERICAN EDU-
OD CATION WEEK was read by three members of the group, with another
OD inviting councilmembers to visit their school during this week
a and to tell them how they became members of the Town Council,
what their position is, what they do in this position, what other
positions there are, what are some of Leesburg ' s plans for the fu-
ture and what some of the problems are. Mayor Sevila thanked this
group for their presentation and the Council gave them a "hand" .
He said some of them will attempt to return their visit and answer
some of these questions . Those participating were Corey Bowman,
Jenny Eshelman, Telly Young, Wendy. Clark, Eric Lambert and Jennifer
Montgomery. Teachers attending were Diane Herrman and Dawn Bunting .
82-145 - RESOLUTION - APPROVING AND ADOPTING AN AGREEMENT WITH THE
COUNTY OF LOUDOUN REGARDING ANNEXATION.
Mayor Sevila welcomed Mr. Carl Henrickson and Mr. Phil Bolen,
members of the annexation team.
On motion of Mr. Willis , seconded by Mrs. Hill , the following
resolution was proposed:
WHEREAS , this Council initiated annexation of approximately
15 . 35 square miles adjacent to the corporate limits on March
10 , 1982 ; and
WHEREAS, the Town Council and the Board of Supervisors ap-
pointed negotiating teams to work together under the aus-
pices of an independent negotiator appointed by the Virginia
Commission on Local Government in an attempt to settle dif-
ferences with regard to this proposed annexation; and
WHEREAS, the negotiating teams have brought forward an agree-
ment regarding annexation which is acceptable to the Town
Council and the Board of Supervisors and which both parties
believe will be in the best interests of all citizens of the
county, including citizens of the town and the annexation
areas; and
WHEREAS, information about the proposed agreement has been
widely disseminated including extensive discussion at a pub-
lic information meeting conducted by the Town Council and
Board of Supervisors on November 10, 1982 , which has resulted
in a refinement of the agreement; and
WHEREAS , it is the desire of the Town Council and Board of
Supervisors to accomplish the annexation effective January 1 ,
1984 :
, _ MINUTES OF NOVEMBER 15, 1982 MEETING.
98
THEREFORE,- RESOLVED by the Council of the Town of Leesburg
in Virginia as follows :
SECTION I . An agreement regarding annexation between the
Town of Leesburg and the Loudoun County Board of Super-
visors is hereby approved and adopted and the members of
the Town Council shall execute the agreement on behalf of
the Town.
SECTION II . The manager shall do all those things neces-
sary and appropriate to implement the agreement and further
shall advise the Virginia Commission on Local Government of
the agreement. The manager shall present jointly with repre-
sentatives of Loudoun County the proposed annexation and
agreement at hearings to be conducted in Leesburg by the
Commission beginning on December 13 , 1982 .
Mayor Sevila asked Mr. Niccolls to bring Council up-to-date since
their last briefing, which would have been the executive session
following the last negotation meeting, which followed the November
10 meeting at the high school, and how those negotiations have af-
fected the final draft of the agreement. Mr. Niccolls said the
Board of Supervisors unanimously adopted the proposed agreement as
modified to correct two substantive changes and two small typo-
graphical errors . Mayor Sevila and Mr. Gheen were present today
when this action was taken - the Board members enthusiastically
supported the agreement and the concepts contained in it. On No-
vember 11, after the public meeting, the negotiating teams met to
discuss what amendments, if any, were appropriate in light of pub-
lic comments and those received before that time . The following
three items were discussed and resolved:
(1) There are approximately 20 acres of land on the south
side of Route 654 south of the J. Lupton Simpson Middle School ,
owned by Grenata and another . Both of those properties were partly
in the gmavity sewer service area and incorporated within the line
on the basis that they
would be subject to ultimate development at a residential density
higher than rural development. However, the property owner adja-
cent to 621 (representing the Grenata heirs) preferred to be out
of the corporate limits . The negotiating team saw no harm in that,
so the map in the formal agreement will reflect that decision.
He spoke with Colonel Grenata today and advised him of this - he
was pleased, but he cautioned him, however, that it meant in fact
that this property would not be suitable for a higher density resi-
dential development for many years and that sanitary sewer and
water service would not be extended . He questioned then whether
or not petition annexations could be undertaken then - he cautioned
him further that both the Town and the County have agreed in the
settlement of this suit to oppose property owner annexations for
a full 10 years . He seems to be satisfied.
(2) Section 10 of the agreement says the Town agrees to pre-
pare for adoption a revised zoning ordinance for the enlarged town
which will reflect this agreement and the policies contained there-
in. One property owner expressed the belief that this would require
the town to adopt in its zoning ordinance precisely the land use
pattern set out in Map A. They did not feel it was the intent
of the negotiation teams to present such an ironclad "you will do
this by way of zoning type of situation. They talked about some
language to add the words "to the extent possible" , modifying
this agreement. That information was transmitted to Mrs . Carr
early today and she was very well satisfied - he believes she now
understands that it is not the intent to follow the land use pat •
-
tern dogmatically or literally, but to serve as a guide . She also
recognized that the land probably won ' t develop all commercially,
but she felt strongly that this option should be left open.
( 3) A property owner who owns land both inside and outside the
corporate limits around the Balls Bluff Cemetery, contacted him
through a representative several times during the negotiations to
ask if he is going to be in or out. Until the map came along, you
MINUTES OF NOVEMBER 15 , 1982 MEETING.
really couldn ' t say. Now that the line divides the property, 9
they are concerned about the utilization of the density transfer
concept and the ultimate dedication of a major tract for his-
toric preservation purposes around the Balls Bluff Cemetery, and
then receiving appropriate density credits for that. The propo-
sal was that credit for full theoretical development potential
should be given for historic sites dedicated to public use when
calculations are made under the residential transfer program.
The committee discussed this last week, fully agreed and felt that
those policies should be adopted in the County' s residential den-
, sity transfer program. There is some suggested language that has
been incorporated in a definition that makes reference to that.
The concept is very clear and that property owner should be satis-
fied that both the town and the county wish to cooperate in the
I I/ acquisition of the historic site and will give them the appropriate
credit for the lost density.
There were other comments which did not result in any changes
I in the agreement - most of those answers were given appropriately
at the November 10th meeting. There were two typographical errors
to be corrected in the body of the policies . In addition, there
was a paragraph omitted which reads "At-grade intersections should
OD be adequately spaced with a maximum of three between the Route 7
T By-Pass and Virts Corner . " This had been in the policy drafts all
O along. With that, the negotiating teams came up with a joint re-
port which was signed today and has those changes incorporated in
it.
OD
Q
Mayor Sevila said he and Mr. Gheen attended the Board of Super-
visors ' meeting today when the Board adopted a similar resolution
approving this agreement. There were very warm comments made by
various members of the Board to the Council and members of the ne-
gotiating team in the spirit of cooperativeness that has been the
hallmark of these negotiations . Mr. Gheen said the Chairman and
other members of the Board were complimentary of the cooperation
' iand the earnest effort that was put forth by the Town ' s negotiating
team to work with the County and to be reasonable in the negotia-
tions. He felt good that we have reached this stage in the pro-
ceedings with the good feeling that now exists between the County
and theTown. Mayor Sevila said Frank Raflo commented that this
document may serve for years to come as a model document to be
used in annexation suits. We can be proud of this comment and can
adopt this agreement tonight with a great deal of pride. Mr. Bos
added his congratulations to the negotiating teams for working so
long to reach this agreement. Not only is this agreement important,
but it represents a new era of cooperation between the jurisdic-
tions that should be reflected in other actions besides this - this
is marvelous . Mr. Gheen said this is certainly a large area of land
to be transferred from the County to the Town, however, we must re-
member that the residents of the Town are residents of the County
as well , so we have a dual responsibility or obligation to the
Town and to the County. We should remember this . Even though all
is peace and light at this point and hopefully the Legislature wil
approve the needed legislation, we cannot assume that everything
will proceed without a hitch. He cited Dulles Airport as a good '
example - the struggle to make it a success goes on, even though
it was opened 25 years ago. We 'have to maintain this spirit of
cooperation - we have to communicate and negotiate. Mrs. Hill
was very pleased to come to this agreement. Mr. Willis said he
thoroughly enjoyed working with the negotiating teams . Mr. Tol-
bert thought it is a job well done and his prayer summed up every-
thing he could say.
Mayor Sevila said he has received some documents today that
should be a part of the record - a telegram from Rick Carr, a repre-
sentative of International Pavilion Company. A concern was ex-
pressed by the Carr family as individuals and as representatives
of International Pavilion Company concerning the binding nature
of the provisions in the agreement relating to future zonings and
whether or not they would result in a defacto downzoning of their
property. He received today a letter from Helmi E. Carr, which is
signed by Frederick R. Stieff , President of IPCO, and Cynthia Shrump,
President of The Tire Company. He asked that this, along with the
telegram, be included in the record. Mr . Niccolls ' comments re-
MINUTES OF NOVEMBER 15 , 1982 MEETING.
10 Q lating to their concern has been to some extent addressed by the
redrafted language agreed to by the negotiating teams. Their con-
cerns and fears are not completely allayed. but, for the moment,
they are satisfied that the Council and the Board have made a good
faith effort not to tie the Council ' s hands concerning the appro-
priate zoning for the Carr properties. There is also a copy of the
comments made by Mrs. Gladys S . Lewis, President of the League of
Women Voters .
A roll call vote unanimously adopted the resolution :
Aye : Councilmembers Bos , Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay : None.
Mr . Henrickson commented that, while the negotiating teams will
not be meeting on a formal basis, he would like to think that their
job is done, depending on what happens in State Legislature, how-
ever, he does not feel that they are through with this. This repre-
sents 25 years of work ahead of them and it won ' t be easy. They.
won ' t always agree on everything but, in the spirit of cooperation,
they will be able to come out with a County that is a better place
to live for all of us. Frankly, he is looking forward to that ef-
fort. They appreciate the vote today. Mr. Bolen requested that
Mr. Niccolls give him a copy of the suggested proffer legislation
and some changes in the dates. Mr. Niccolls said they want us to
have three days and he is trying to cut this down. He has already
sent this information to Mr. Bolen.
MOWRY SPENCER APPEAL FROM BOARD OF ARCHITECTURAL REVIEW DECISION :
Mr. David Culbert, counsel representing Mr . Spencer, said he
has a copy of a memorandum sent to the Council by Mr . Niccolls on
November 3rd. They would adopt this memorandum. He pointed out,
however, that the applicant' s building is designated as contribu-
tory and is not considered to be of extreme architectural signifi-
cance, but rather it is supportive . Also, the changes in the struc-
ture are minimal in this application. There ,i.s a list of 16 items
set forth in the Design Manual - the vast majority of them remain
unchanged. Sometimes, in meeting six of these points, certain ap-
plications may be unable to meet six if you construe it that they
permanently have to meet them, it only affects a very limited num-
ber . In this instance , it only affects two that may have had an
affirmative change. The rest remain unchanged - therefore, the
height, proportions and the number of significant features you look
to in deciding whether or not an application is appropriate are un-
changed in this instance. He submitted for the record a number of
letters by adjacent landowners and merchants on East Loudoun Street.
These letters have attached to them the second application pre-
sented to the Board of Architectural Review. On appeal , they felt
it best to go back to the first application. They are looking for
a structure that has wide pane glass - not the small panes . The
applicant did not know exactly what the Board was looking for when
he submitted the application with small panes. The more recent
application had a colored sketch which is slightly more detailed
and you can see that there is very little change in the structure
of the building as you proceed down Loudoun Street.
Mr. Bos said he was a little confused by the language of the
appeal - he understood that, on procedural grounds , the applicant
was not satisfied with the process; that the Board failed to prop-
erly consider and apply the KDA Design Manual; and that the ordi-
nance and standards to be applied are not susceptible to uniform
application and are void for vagueness. Mr . Culbert said they
were trying to stress that there were 16 points to be met and
only two of those changed in their application, so they did not
know whether they met the six points required in the Manual .
There may be situations such as this that would have to be denied
in terms of meeting the requirements, so the ordinance may be in-
applicable in this case. Mr. Bos was concerned not only for Mr.
Spencer ' s proper treatment, but also if there is an inadequacy in
the present ordinance that needs to be addressed, we need to
consider that.
MINUTES OF NOVEMBER 15, 1982 MEETING.
Mayor Sevila asked if they are appealing from denialof the
61
first application filed by Mr. Spencer? Mr. Culbert said there is
really only one application . Mr. Spencer was requested to go back
and present an additional sketch to the original application - he
wasn ' t exactly sure what the Board wanted, so he came back with a
revised sketch that made the panes smaller. Today .they are revert-
ing back to the original application, which was for larger panes,
and with a slight modification of the location of the door - it is
directly in front of the existing door. Mr. Bos said Council is
looking at an application that is more detailed and not quite the
same as the Board first looked at - he wondered if this is fair to
this Council or to the Board. Perhaps the Board should look at this
again. Mr. Culbert said this application has been pending for a
substantial amount of time and the additional information has been
supplied for the benefit of the Council . Mr. Spencer ' s original
application was to basically present a structure that had large
pane glass enclosures - the substance of this is not being changed.
They see no need to go back. There were some scheduling problems
that were mutual . An earlier meeting with the Council was postponed
due to the annexation meetings , so they have not been dilatory. To
go back and re-initiate the process would be burdensome to the client.
Mayor Sevila felt that, in light of the fact that they concede addi-
CD tional information is being submitted to the Town, it might be ap-
propriate to remand this matter to the Board for its further con-
O sideration. He would do this fully cognizant that delay at this
OD time would be detrimental to him and his client. He suggested that
a deadline be imposed on any consideration by the Board - this may
CO require a special meeting. They should certainly have at a minimum
Q the same information that the Council has . Mr. Bos felt the Board
would meet within a short period of time if this is the desire of
the Council or the applicant . Mr . Culbert said the more detailed
sketch submitted tonight is an aid for Council as a review of the
lower body. They are willing to stand on the original application
and ask for a review of that tonight. There were possibly errors
on both sides and, in light of this new evidence, he recommended
that the Council vote on this tonight. Mr. Bos said there are some
detailed changes - he asked if the doorway is located directly in
front of the existing doorway? Mr . Culbert said they wish to a-
dopt the original sketch submitted on August 16th. Mrs. Hill under-
stood that they are not reinitiating it - they would be calling for
a special meeting of the Board. Mayor Sevila said this is correct.
Mr. Bos has indicated the Board could meet between now and the next
regularly scheduled meeting. If this can be done, it would be bene-
ficial to this council in deciding the appeal, if this must be done,
to have the Board ' s comments on the subsequent drawings and the re-
finements . He did not feel the nine days is particularly prejudi-
cial - the ordinance requires that Council decide the matter with-
in a reasonable time. He realized that Mr . Culbert is asking for
action tonight and, in acting whether to deny or approve the appeal
or to remand the matter to the Board, they would be exercising their
own prerogative in spite of his recommendation. Mr . Culbert said he
understands Council ' s position.
82-146 - RESOLUTION - REGARDING THE APPEAL OF MOWRY I . SPENCER FROM
THE BOARD OF ARCHITECTURAL REVIEW.
On motion of Mr. Bos, seconded by Mrs. Hill , it was moved that
this matter be remanded to the Board of Architectural Review for
action and report back to the Council prior to its next regularly
scheduled meeting on November 24 , 1982 . The following resolution
was unanimously adopted :
WHEREAS , Mowry I . Spencer filed an application on August 16 ,
1982 for alteration of a building at 105 East Loudoun Street
to enclose the front porch with glass; and
WHEREAS, the application was denied by the Board of Archi-
tectural Review after considerations on August 18 and Aug-
20, 1982 ; and
MINUTES OF NOVEMBER 15, 1982 MEETING.
102
WHEREAS , an appeal was filed on September 17 , 1982 on be-
half of the applicant seeking reversal of the Board of
Architectural Review decision; and
WHEREAS, the applicant presented evidence and legal argu-
ment in support of the appeal and the grounds specified
therein; and
WHEREAS, the applicant has submitted revised drawings of
the enclosure which have not been reviewed by the Board:
THEREFORE, RESOLVED by the Council of the Town of Leesburg
in Virginia as follows :
Upon consideration of the appeal of Mowry I . Spencer, the
Council finds that the drawings accompanying the original
application were not sufficiently detailed for the Board
of Architectural Review to find conformance with the Ordi-
nance, and that the revised drawings should be reviewed
and approved or disapproved by the Board of Architectural
Review before action on this appeal to the Council . There-
, fore, the appeal of Mowry I . Spencer is tabled for nine
days during which the revised plans shall be reviewed and
approved or disapproved by the Board of Architectural Re-
view. The revised plans shall be considered as an amend-
ment of the original application for which no fee is re-
quired.
Aye : Councilmembers Bos, Gheen, Hill, Tolbert, Willis and
Mayor Sevila .
Nay : Nine.
Mayor Sevila invited Mr. Culbert back on November 24 in the event
the Board action is adverse. While this resolution speaks in terms
of tabling Council action, he would think the Board has the author-
ity to approve the application if it deems to. Mr. Bos said Mr.
Forbes will contact Mr . Spencer concerning a convenient time to
meet.
COUNCILMEMBER COMMENTS :
Mr. Bos said he has received complaints about Hatcher ' s storage
area on the north side of North Street - he stores old plumbing
supplies both inside and outside the fence. The fence shields
North Street traffic, but it does not shield the next door prop-
erty owner . He asked Mr. Niccolls to look into this .
For Mr. Weiss ' benefit, Chuck Jones is involved in the Northern
Virginia Land Development Corporation - the SPA-503 program - he will
call you and stop by in the near future.
Mr . Tolbert said someone has hit another No Parking sign on
King Street in front of his house. It is in a leaning position.
MANAGER' S REPORT:
Mr. Niccolls said the Town ' s special counsel on the MCI suit
involving construction claims at the Potomac Plant, representatives
of Betz - Converse-Murdoch and he met last Friday afternoon with
Mr. Shope, Mr. Shoemaker and their inspection people for the pur-
pose of evaluating the present status of work at the job. It was
reported to:.him that the job is just not going - there are 200 or
300 items that need to be finished that a good contractor could get
in there in a matter of 30 days and finish them, but there would
still be disputes and perhaps some punch list items and some items
that might be held up because of bad weather. He was concerned
that the amount of liquidated damages being withheld, as compared
to the retainage, and other matters needed some evaluation, so he
had asked for a joint meeting. Their conclusion was that the con-
tractor is not pursuing the work in accordance with the contract
and, based on Mr. Ney ' s recommendations , that he be sent a
letter indicating that, if the work is not pursued diligently and
completed on a date certain , the town will exercise its options
MINUTES OF NOVEMBER 15 , 1982 MEETING .
to terminate the contract and declare the contractor in default 1 a
of his agreement with the Town and proceed with the job in some
other way. This is a very severe action which is intended to
force the contractor into a finishing type mood. It may not work
and it may be necessary to take the job over and finish the items.
It could be a very large task. They keep shoving the deadline
forward, yet there are so many items that could be done that just
aren ' t being done .
Mr. Niccolls passed around the annexation agreement for signa-
ture by each member of the Council - the County Board members have
already signed.
The agendas for the Wednesday night committee meetings are at
councilmembers ' places.
He asked Mr. Minor to give the activity report :
(1) Mr. Minor said last Thursday most of them missed the Life
Magazine photo opportunity - it was enjoyable and interesting to see
and was something that doesn ' t happen very often. There are a few
of the members in the picture and it is 99 percent certain that we
OD will have a two-page color spread in the January issue of Life, high-
Cr lighting our cable system.
C)
(2) The annexation meeting was covered by Storer and they have
released their schedule for showing it - it will be Wednesday at 5 : 30,
(n Thursday at 3 : 00 and Friday at 12 noon.
Q
( 3) Randy Shoemaker has received his Class I water operator ' s
certificate - he now has both the Class 1 water and Class 1 waste-
water .
(4) Design proposals on the Tuscarora Creek improvements were
received by the Engineering Department today and are being evaluated.
' (5) The hangar project is really getting off the ground - we
have the building permits from Loudoun County and the soils report
was approved by Rick Weber. The foundation should be excavated this
week if not already done.
(6) A milestone has been reached on the housing rehabilitation
program - apparently the first application has been received and
evaluated and has actually gone out to bid.
(7) The developers ' competition is underway and this week there
should be a very attractive ad in the paper soliciting developer in-
terest on part of the project.
(8) HUD will be here this week on Wednesday, Thursday and Fri-
day both from the Washington office and the State office to do a
very intensive evaluation of the town ' s community development proj-
ects .
Mr. Tolbert said Life magazine will carry our spread on Decem-
ber 20th.
MAYOR' S REPORT:
Mayor Sevila said he was glad some representatives of council
were able to attend the Life magazine photo session and was sorry
he was unable to be there. (Mr. Gheen said he was there but, after
nothing happened for an hour or more, he went home and didn' t get
back. Mr. Tolbert was in it and Mrs . Hill was in the "gang" scene. )
Mayor Sevila said the sidewalk around Holler Buick was repaired
and Mr. Holler is ecstatic. The patching seems to be a very capable
job - it does a lot to make that sidewalk passable and safe.
The Court case involving permit parking on East Cornwall Street
was decided today. The result is that it is an unconstitutional
ordinance . Mr. Aiken was the Judge. Mrs. Hill said a court in
MINUTES OF NOVEMBER 15, 1982 MEETING.
104
Alexandria or Fairfax or somewhere recently decided it the other
way. Mr. Niccolls said this means we have a ruling on. a consti-
tutional issue by a court not of record - what weight would one
give that? Mayor Sevila felt it would be entitled to some weight -
the town should be advised by its Town Attorney as to whether or
not it is enforceable during the period of appeal . He understood
that part of the decision made today was to dismiss pending cases
against offenders on Cornwall Street. He felt Mr. Mechling, prose-
cuting attorney on behalf of the town, should notify the town to-
morrow and determine what the town intends to do.
82-147 - RESOLUTION - AUTHORIZING A CONTRACT WITH EDAW, INC. FOR
PLANNING AND DESIGN SERVICES FOR THE EAST
MARKET STREET CORRIDOR DESIGN STUDY .
On motion of Mrs . Hill, 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 :
The manager is authorized and directed to enter into a con-
tract with the firm of EDAW, Inc . for planning and urban de-
sign services for the East Market Street Corridor Study in
an amount not to exceed $10 , 000 .
Aye : Councilmembers Bos , Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay: None.
82-148 - RESOLUTION - AUTHORIZING A CONTRACT FOR ADDITIONAL PRELIMI-
NARY DESIGN SERVICES AND SURVEYS FOR WEST CA-
TOCTIN CIRCLE EXTENSION.
On motion of Mrs . Hill , seconded by Mr. Gheen, the following
resolution was proposed :
WHEREAS, the original contract for design services with the
firm of Bengtson, DeBell, Elkin & Titus for the West Catoc-
tin Circle extension did not include alterations to the
Loudoun County High School bus loading facilities, and
WHEREAS , alterations will be required as a result of the
town requiring approximately 27 , 000 square feet of Loudoun
County High School property for construction of West Catoc-
tin Circle;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia as follows :
SECTION I . The manager shall enter into a contract with Bengs-
ton, DeBell, Elkin & Titus for engineering services as out-
lined in their proposal #82-61A, dated November 2 , 1982 in
an amount not to exceed $1 , 850 . 00 .
SECTION II . An appropriation is made from the general fund
to Account No. 4102 . 702 , Catoctin Circle West Design, in the
amount of $1 , 850 for the fiscal year ending June 30 , 1983 .
Mr. Gheen felt this would be a good time to consider curb, gutter
and sidewalk on Dry Mill Road south of Catoctin Circle east of the
school to alleviate a traffic problem because there are no clearly
defined curb and gutter and No Parking signs there. He hoped we
might be able to negotiate with the School Board for assistance
on the west side of Dry Mill Road up to the south entrance of the
school p n rk is possibly on the east side up to Sam Rogers
propert . / sote widening and curb, gutter and sidewalk, there would
be a better flow of traffic and also more defined space for the stu-
dents who cross all over the place, as well as stand out in the
street. Mayor Sevila felt it is unusual that there is no sidewalk
on either side of Dry Mill Road once they get to that point ion Ca-
toctin Circle - they really do cross the street at random and it is
a dangerous situation. He felt the Public Works Committee could
MINUTES OF NOVEMBER 15, 1982 MEETING.
105
look at the whole situation and staff could get an estimate as
to what kind of expenditure there would be (he felt this would be
a major one) . We wouldn ' t want to saddle on the back of the im-
provements to Catoctin Circle with this. He suggested adopting
the resolution as proposed and then let the Public Works committee
consider this recommendation. Mr. Gheen felt it would be better
to do it at this time unless it is proposed to be done with town
forces. He urged the committee to negotiate with the school on
this . There was no sidewalk on the east side many years ago - when
he was involved as a parent but, after due pressure, the town did
make rangements to lay that sidewalk. Mayor Sevila felt this
I/ could accommodated by the committee - he asked the committee to
consider this and report back on any expenditures and whether or
not it would be feasible to include this as part of this
project. The resolution was unanimously adopted :
Aye : Councilmembers Bos, Gheen, Hill, Tolbert, Willis and
i Mayor Sevila.
Nay: None.
82-149 - RESOLUTION - ENDORSING THE ECONOMIC DEVELOPMENT STRATEGY.
OD On motion of Mrs . Hill , seconded by Mr. Tolbert, the following
T resolution was proposed :
CD m WHEREAS, the Town Council has established economic develop-
ment as one of its major objectives; and
OD
Q WHEREAS, the Town Council established an Economic Develop-
ment Advisory Committee to develop policy recommendations
for economic development; and
WHEREAS, the Economic Development Advisory Committee devel-
oped an Economic Development Strategy to guide the town' s
economic development program:
THEREFORE, RESOLVED by the Council of the Town of Leesburg
in Virginia as follows :
The Town Council endorses the Economic Development Strategy
developed by the Economic Development Advisory Committee and
supports the committee ' s work plan as outlined in the Strategy.
Mr. Bos said the committee continues to be active and enthusiastic
about its work and it would be a nice formality to have this Strat-
egy adopted by the Council . The committee is doing numer-
ous things - the Route 7 study is exciting and they are working on
a variety of other things too. He would appreciate the town' s en-
dorsement of this Strategy. Mayor Sevila thanked Mr. Weiss for
his comments to Council at the last meeting - this helped explain
in some detail what the committee is doing. The resolution was
unanimously adopted :
Aye : Councilmembers Bos , Gheen, Hill , Tolbert, Willis and
Mayor Sevila.
Nay : None.
82-150 - RESOLUTION - AUTHORIZING A ONE-YEAR LEASE WITH THE VIRGINIA
BEEF CORPORATION.
On motion of Mrs . Hill , seconded by Mr . Bos, 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 enter
into a contract on behalf of the town with Virginia Beef Cor-
poration for a one-year extension of its current lease of
20. 7841 acres of airport clear zone at an annual rent of
$1, 000 .
MINUTES OF NOVEMBER 15 , 1982 MEETING.
106 SECTION II . The manager shall extend to the Virginia Beef
Corporation an option to renew the - subject property for an
additional year beginning November 15 , 1983 at the same rent
as established in Section I herein.
Mrs. Hill said they raised the rent last year to $900 (a $300 in-
crease) . This is only a $100 raise, with an option for another
year at the same price. Mayor Sevila said the staff report noted
that corn is down to $1 . 97 a bushel from $3 . 30 . Mr. Gheen said
this depends on the use - if fed to the steers it is probably more.
Mr. Niccolls said we do have a written lease and there are no other
changes . The resolution was unanimously adopted :
Aye: Councilmembers Bos , Gheen, Hill , Tolbert, Willis and
Mayor Sevila.
Nay: None.
82-151 - RESOLUTION - AUTHORIZING A CONTRACT FOR CONSTRUCTION ENGI-
NEERING SERVICES FOR THE SOUTH HARRISON STREET
COMMUNITY DEVELOPMENT PROJECT.
On motion of Mr. Bos, seconded by Mr. Gheen, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I . The manager shall enter into a contract with Dew-
berry & Davis for construction engineering services for the
South Harrison Street Community Development Project in an
amount not to exceed $6 , 000 .
SECTION II . An appropriation is made from the general fund
to Account No. 4102 . 700 , Harrison Street extended design con-
struction in.:the amount of $6 , 000 for the fiscal year ended
June 30 , 1983 .
Aye : Councilmembers Bos, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay: None.
32-152 - RESOLUTION - REQUESTING PERMISSION FROM VEPCO AND ASSUMING
RESPONSIBILITY FOR CHRISTMAS LIGHTING.
On motion of Mrs. Hill , seconded by Mr. Tolbert, the following
resolution was proposed :
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I . The manager is authorized to make application 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 fixtures necessary to
provide decorative lighting for the Christmas season.
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 .
This is the same resolution we have each year for this purpose
and we are insured for all these undertakings. The resolution was
unanimously adopted :
Aye : Councilmembers Bos, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay : None.
82-153 - RESOLUTION - MAKING AN APPROPRIATION FOR THE FISCAL YEAR
ENDING JUNE 30 , 1983 .
On motion of Mrs. Hill , seconded by Mr. Gheen, the following
resolution was proposed:
MINUTES OF NOVEMBER 15, 1982 MEETING . 107
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
An appropriation is made from the General Fund to Account
No. 4102 . 703 , Catoctin Circle West Construction, in the
amount of $700 for appraisal services for the right-of-way
acquisition.
Mayor Sevila asked the names of the owners of the two properties
needed? Mr. Niccolls said they are diZerega heirs and Rodrick.
Mayor Sevila asked if they were able to find a less expensive ap-
praisal? Mr. Shope said we got a price of $500 for the two from
Leroy and Cannon. This work has already been done - they need to
proceed with this work so they can get an offer out. Mayor Sevila
asked if it would not be better to allow $500 and let the balance
of these funds remain unencumbered? Mr. Niccolls agreed with this .
Mr. Bos asked if there are any overruns or additional work that
'i may exceed this $500? Mr. Shope said, if we get into a problem
with Mr. Rodrick, we will need another appropriation. The makers
agreed to amending the resolution to appropriate $500, rather than
$700 for this work. The amendment was unanimously adopted:
Aye : Councilmembers Bos, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay : None.
The resolution, as amended, was unanimously adopted :
Aye : Councilmembers Bos , Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay : None .
82-154 - RESOLUTION - MAKING APPROPRIATION FOR THE FISCAL YEAR END-
ING JUNE 30 , 1983 .
On motion of Mrs. Hill, seconded by Mr. Bos, the following
U
resolution was proposed :
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
An appropriation is made from the General Fund to Account No.
4102 . 703 , Catoctin Circle West Construction, in the amount of
$5, 800 for the fiscal year ending June 30 , 1983 .
Mrs . Hill said this is for the Curry purchase - $5, 000 down pay-
ment, plus a bond in the amount of $88 , 135, plus closing costs .
Mr. Niccolls said Mr. Martin is handling this matter - there is
a title examination and he believed we purchased title insurance.
There are also recording fees and Mr. Martin ' s fee . Mr . Sevila
said $200 is not an unreasonable fee in connection with a title
examination and indictment preparation . The resolution was unani-
mously adopted :
Aye : Councilmembers Bos, Gheen, Hill, Tolbert, Willis and
Mayor Sevila .
Nay: None.
82-155 - RESOLUTION - MAKING APPROPRIATION FOR THE FISCAL YEAR END-
ING JUNE 30 , 1983 .
On motion of Mrs . Hill, seconded by Mr. Gheen, the following
resolution was proposed :
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
An appropriation is made from the General Fund to Account No.
4600. 543 , Christmas Decorations in the amount of $500 . 00 for
the fiscal year ending June 30 , 1983 .
1
108
MINUTES OF NOVEMBER 15, 1982 MEETING .
Mr. Bos asked how the parts are coming? Mr . Willis said all
of the parts are in. There will be a work session on the 28th
of this month. All members of Council and the Mayor are invited
to attend and help. They are to be hung on the 29th, so they
have to be ready. Mr. Bos has a bag of tape to be used in this
project. Mayor Sevila asked about the fund from which this money
is taken? Mr. Niccolls said Mr. Taylor has such a fund for chari-
table donations , etc . - an unallocated item in the budget. Mr.
Niccolls said there will be a public works employee standing by
to assist - it has all been coordinated so it should go rather
smoothly. Mr. Willis said he will need a purchase order for this.
The resolution was unanimously adopted :
Aye : Councilmembers Bos , Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay: None.
On motion of Mrs. Hill , seconded by Mr. Tolbert, Council voted
unanimously to adjourn at 9 : 15 p.m.
1 /
/ May,:
ht_,' _4_171 .
Clerk of t e Council