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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