HomeMy Public PortalAbout1983_01_12 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 12, 1983.
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A regular meeting of the Leesburg Town Council was held in
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia
on January 12 , 1983 at 7 : 30 p.m. The meeting was called to order
by the Mayor, with the invocation by Mr. Tolbert (a prayer for
Leesburg and Loudoun County and one for the General Assembly) and
followed with the Salute to the Flag led by Mr. Bos. 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 Manager for Community Development Marc Weiss and Town
Attorney George M. Martin. Absent from the meeting was Councilmem-
ber Edgar L. Coffey, Jr.
On motion of Mr . Gheen, seconded by Mr. Tolbert, the minutes
of a public information meeting on annexation of November 10, 1982
were unanimously adopted :
Aye : Councilmembers Bos , Gheen, Hill , Tolbert, Willis and
Mayor Sevila.
Nay : None.
On motion of Mr. Tolbert, seconded by Mrs. Hill, the minutes of
the regular meeting of November 15 , 1982 were unanimously adopted:
Aye : Councilmembers Bos , Gheen, Hill , Tolbert, Willis and
Mayor Sevila.
Nay: None.
On motion of Mrs. Hill, seconded by Mr. Willis, the minutes of
the regular meeting of November 24 , 1982 were unanimously adopted :
Aye : Councilmembers Bos, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay : None.
PETITIONERS :
Mr. Richard Thomas, a resident of Prospect Hills, said there
are a couple of items on the agenda that bother him. Although he
is a member of the Loudoun County Taxpayers ' Association, he is not
here tonight representing in any way any philosophy or feelings of
that association. As a private citizen, he feels that basic ser-
vices, and basic services only, is what all governments should be
trying to fulfill. Our elected representatives should look out for
the taxpayer and should try as best they can to stem the unneeded
growth of local government and to forever be watchful and make sure
this does not happen.
(1) On the agenda is the apparent installation of a new office
(one that might be necessary in the future) . Mr. Weiss was brought
here on a particular job (the South Harrison Street project) , which
is being financed somewhat by HUD - he should be working at this job
and run it to its completion. A special office should not be gene-
rated for him in anticipation of any kind of growth as a result of
annexation. Moving him from a Grade 15 to a 17 is not right and
he feels it will not set right with the people of this town. When
the South Harrison Street project is completed, then take another
look at where the town is going and the influence of annexation -
then consider the taxpayers ' ability to pay for the tremendous bud-
get of this town.
(2) Also on the agenda is an appropriation toward a series
of summer concerts - he does not feel taxpayers ' dollars should be
used to finance entertainment for our local citizenry. This should
have the backing of the council in spirit and in principle, but not
in financing - this should be derived from local sources in the pri-
vate sector. Let the user pay. There are a lot of people in the
town and the county who are just getting by - they are not getting
increases in their social security nor promotions on the job. As
elected representatives, it is up to the council to control this
type of thing and say No.
MINUTES OF JANUARY 12 , 1983 MEETING .
Ms. Patsy Tavenner , of 30 West Loudoun Street, was in oppo-
137
sition to the closing of streets for the summer concert series.
She could remember open-air church services on Sunday evenings on
the courthouse lawn - they didn ' t close the streets then and they
could hear the preacher. There was no by-pass then either, so
there were large trucks going by as well . So, please let ' s not
close the streets. With the economy as it is and the unemploy-
ment, you raise taxes and then give it away - she was certainly not
in favor of this .
COUNCILMEMBERS ' COMMENTS :
Mr. Bos said the Economic Development Advisory Committee met
this morning with representatives of the instigation of the SBA-503
program. Specifically, the Small Business Administration has a pro-
gram oriented toward expansion of existing stable businesses - this
is a fairly recent program that is essentially a permanent one. They
seem to have money available and it looks ideally suitable for cer-
tain businesses that might want to expand and need financing. He
suggested that any councilmember interested in this or who might know
people looking for financing contact Marc Weiss, thim or someone fa-
miliar with the program and they will try to steer them in the right
OD direction. Local banks are becoming more familiar with the program
too, so loan offices should all be familiar with the process before
O too long.
OD Mrs . Hill called attention to a bid she had distributed to
OD councilmembers for a"film"room in the old Odd Fellows building. Ac-
CX cording to the terms of the lease for the museum, they cannot make
any changes without approval of council . This would make two rooms
out of one - one to be a hall 7 ' 3" x 27" at the foot of the steps
from the old museum and on the left will be the"film"room. The money
will be coming from the museum funds . One bid was received for
$5, 335, plus $300 for lighting fixtures . She is asking for council ' s
approval to go ahead with this work - this is a good time to do the
work and it is a slack time for tourists as well . She explained in
detail some of the items listed on the bid . Mr. Tolbert asked if
this must be approved tonight? Mrs. Hill said they have asked for
it, but she can tell them it is being sent to committee if this is
what council wants. Mr. Bos asked if these are structural changes
that could be removed at a later date if the building is used for
some other purpose? Mrs. Hill explained further and there were
further questions and discussion concerning these proposed changes.
Mayor Sevila suggested that this go back to committee - he did not
feel such a delay would cause any undue harm. He also suggested that
1 someone from the Engineering Department go through the building with
someone from the museum to make sure there will be no structural dam-
age. Mr. Niccolls said he has looked at it personally, but he feels
too that there should be a set of plans . They will have to have them
to get a building permit. It is impossible to do a structural analy-
I sis without destroying the building. The building inspection of the
County will have to make the judgments concerning the materials be-
ing used - there is no real way to evaluate it. Andy and Juan can
look at it but there is no way to judge until they start the work.
Mayor Sevila asked that there be a staff report for the committee
meeting as to the nature of the structural changes, if any, and any
effects on the leasehold.
Mrs . Hill also said complaints have been received for a long
time that the town has no public toilets. We have busloads of peo-
ple coming here and they are desperately needed. The museum has
two, but they are both upstairs . Several weeks ago a woman fell
down those steps but, fortunately, she was not hurt. There are
two in the Odd Fellows building and she has asked that Mr. Niccolls
include in our next fiscal year budget the money to re-do these (with
some help from the town staff) . This , then, would give us public
toilets in the town and the museum would keep them clean. It is
estimated that it would take approximately $6 , 000 for this work.
She attended a meeting at the museum this evening and there have
been some thoughts that perhaps the County might help finance this
work. The committee has asked that the council appropriate $6, 000
MINUTES OF JANUARY 12 , 1983 MEETING .
138
to do this now so that everything can be torn up at one time, with
the idea that the museum board will guarantee that $3 , 000 will be
returned to the town . Mr. Bos asked if this meant these bathrooms
would be available only to those using the museum? Mrs . Hill said
they would be available to anybody when the museum is open - they
are closed only three days a year . Mr. Tolbert was afraid they would
be abused by wine-o ' s , etc . Mrs. Hill said these will be in a build-
ing, so they should be more protected. Mr. Niccolls said that $6, 000
was a very informal cost estimate. Mrs. Hill said that is probably
high, but they are thinking of putting tile on the floors for mainte-
nance purposes . They also have to be handicapped-accessible, so you
have to have railing, large sinks, etc . Mayor Sevila asked if the
County has been approached on this? Mrs. Hill said they have been,
but they haven ' t heard from them yet. The Board determined tonight
that, even if they don ' t come through, they can use the proceeds
from the antique shows - they will guarantee $3 , 000 will be returned.
Mr. Gheen felt that, before an appropriation is made, we need to have
at least a "ballpark" figure. Mr. Bos felt we also need to know if
this is a reasonable thing to do or not. Mr. Willis felt this should
go back to committee - if they want to coincide this work with the
other, it should all be considered at the same time. This will be
considered by the Finance and Administration committee.
MANAGER' S REPORT:
1 Mr. Niccolls said a written activity report was distributed
earlier in the week. He has a report from the annexation negotiation
teams to the Mayor and Council and the Board of Supervisors on some
things learned from the hearings before the Local Government Commis-
sion, specifically, two typographical errors in the contract and one
other policy extension. These could be dealt with later tonight
after they are discussed .
Mayor Sevila noted today that the County' s copies of the tran-
scripts of the hearings are in the County Attorney ' s office. He
asked if we have any of those in the town office? Mr . Niccolls said
we have only the transcript of the public hearing, but not of the
presentations made. Mayor Sevila felt it would be good to have one
of those available for Council review and for the public . Mr. Nic-
colls said there were three speakers at that hearing and each raised
certain points of concern or interest. Mr . Minor has prepared com-
ments on those comments and a letter was sent to Mr. Wilkinson for
the record responding to the points raised by those speakers. This
is by way of clarification and he believes the Commission members
would be interested in having ' Mr. Finnegan is making similar com-
ments to the Commission. Mayor Sevila said he is referring to the
two-day transcript and he wondered if one should be available in the
town offices for council members or the media . Mr. Niccolls felt Mr.
Finnegan will be glad to share this with us - he will check in a day
or two if we don ' t get one.
MAYOR' S REPORT:
Mayor Sevila said he has been contacted by a court reporting
service here in the community who was disgruntled that they had not
had an opportunity to bid or to perform their services on behalf of
the town at these public hearings . He understood the town did have
an opportunity to employ a court reporter and that this employment
was done within the properly exercised discretion of the manager ' s
office. The only issue raised was whether or not the manager and
his office should look to our own community and businesses and ser-
vices that are available before going into
Northern Virginia or, in this case, Fairfax or Vienna to obtain
such services, etc . ? The parallel brought to mind was the squabble
the County got into last summer over the purchase of vehicles out-
side its own jurisdiction. He felt some of the criticism was well
founded. In this particular case, he felt sure this was done with
properly exercised discretion - he is sure the manager has the dis-
cretion to contract for various goods and services needed on a case
by case basis and, unless covered by State Code or it is a certain
amount, it is not necessary that they be let by competitive bid
process. As a result of the complaints received from this person
and from some members of the Chamber of Commerce, he hopes this kind
of situation can be avoided in the future. He felt it should be a
MINUTES OF JANUARY 12 , 1983 MEETING.
matter of policy that, if we have such services available, we 139
should first look to the providers of such services before going
outside the community. We need to encourage industrial and commer-
cial growth in our own town - that should start right here with
the council and the staff . Mr . Niccolls said we usually do this -
he made a mistake in this matter and he apologized. Mayor Sevila
said Council should adopt a policy to shop locally - we encourage
our citizens to shop locally and we should do the same thing. He
hoped these comments will be heeded in the future.
83-0-1 - ORDINANCE - AMENDING SECTION 4-9 OF THE TOWN CODE REGARDING
DOG LICENSE FEES .
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 4-9 , Article II , Amount of Licenses, is
amended to read as follows :
OD Sec. 4-9 . Amount of licenses .
OIt shall be unlawful for any person to own a dog six
m months old or over in the town unless such dog is licensed,
as required by the provisions of this ordinance. Dog li-
n censes shall run by the calendar; namely, from January first
Q to December thirty-first, inclusive, and the license tax
shall be payable at the office of the treasurer and the U-
P cense fee amounts shall be as follows :
Infertile males or females $ 3 . 00
Fertile males or females 10. 00
Kennel , up to and including 20 dogs 25 . 00
Kennel , up to and including 50 dogs 35. 00
Provided, however, that no fee for a license shall be levied
on any dog that is trained and serves as a guide dog or that
is trained and serves as a police dog for any public law en-
forcement agency.
SECTION II . This ordinance shall be effective upon its pas-
sage.
Mr . Gheen noted that this raises the rate for fertile males or fe-
males from $8 . 00 to $10 . 00, which makes this now in accordance with
the County ' s ordinance. Mayor Sevila asked if this is done just for
this purpose? Mr. Niccolls said Yes, Loudoun County collects li-
cense fees on animals in Leesburg and enforces the animal control
laws. All these fees are paid into the County Treasury, not ours.
Mr. Gheen asked if this is not similar to the town license fees?
Mr. Niccolls was not sure, but the County could refuse to enforce
our dog ordinance, for which this is compensation. The ordinance
was unanimously adopted:
Aye : Councilmembers Bos, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay : None.
PROPOSED ORDINANCE AMENDING CHAPTER 12 . 1 OF THE TOWN CODE.
On motion of Mr. Tolbert, seconded by Mrs . Hill , Council voted
unanimously to send back to the Finance and Administration Committee
for further study a proposed ordinance amending Chapter 12 . 1 of the
Town Code having to do with classification of town employees by oc-
cupational groups and pay grades :
Aye : Councilmembers Bos, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay : None .
MINUTES OF JANUARY 12 , 1983 MEETING .
140
Mr. Bos said he has discussed the general nature of some of the jobs
in town with several people today. He encouraged anyone who has
questions concerning this to contact the Town Manager and get a
clearer perspective. Mr . Thomas said he will do this. Mayor Sevila
echoed these comments - he too was contacted by various members of
the public during the past week concerning this proposal. He sug-
gested that those interested in this should attend the meeting next
Wednesday and make their thoughts or comments known.
83-0-2 - ORDINANCE - AMENDING SECTION 12 . 1-34 OF THE TOWN CODE RE-
GARDING SICK LEAVE POLICIES .
On motion of Mrs . Hill, seconded by Mr. Tolbert, the following
ordinance was proposed :
ORDAINED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I . Section 12 . 1-34 of the Town Code is amended to read
as follows :
Sec . 12 . 1-34 . Sick Leave
(a) Each employee in the service of the Town shall be
credited with sick leave after it is earned at the following
rates :
Regular hours worked per Amount accrued per
2-week payroll period 2-week payroll period
80 3 . 70
70 3 . 23
40 1 . 85
Sick leave is earned regardless of the years of service.
Employees working a regular 40-hour week (80-hour payroll
period) shall use sick leave based on an 8-hour day. Em-
ployees
working a 35-hour week (70-hour payroll period) shall
use sick leave based on a 7-hour day. Employees working a
20-hour week (40-hour payroll period) shall use sick leave
based on a 4-hour day.
(b) Employee use of sick leave shall be limited to the
following circumstances :
(1) Personal illness or injury.
(2) Visits to physicians , dentists , optometrists
and other approved medical professionals for
personal health care.
(3) Quarantine.
(c) To receive paid sick leave an employee must notify
the applicable Department Head within four hours of his start-
ing time unless some other arrangement has been approved by
the Department Head. A physician ' s statement or examination
by a physician designated by the Town may be required.
(d) At the close of each calendar year all unused sick
leave in excess of 21 days shall be converted to extended sick
leave credits . Extended sick leave credits shall accumulate
annually and shall only be used by an employee during periods
of illness or other eligible disability when:
(1) all regular sick leave credits have been used
prior to completion of an employee ' s disability
benefit elimination period;
(2) period of disability income coverage has elapsed.
(e) Employees who retire from the Town service shall be
paid for 25 percent of their unused extended sick leave credits
accrued during town employment .
(f) Employees who have lost time because of illness or
injury and have exhausted sick leave credits may have such time
deducted from vacation leave.
MINUTES OF JANUARY 12 , 1983 MEETING.
141
SECTION II . This ordinance shall be in effect upon its pas-
sage .
Mr. Bos asked that this ordinance be explained again. Mr. Niccolls
said this ordinance correctly adopts a measure that we thought was
approved sometime ago, however, somehow or other the wrong words
got into the ordinance as it was enrolled in the permanent record.
It makes no change in what we have been doing. The principle is
that the town provides a disability income insurance plan that be-
gins after twenty-one working days of illness and continues for as
long as two years . The theory is that no employee need accumulate
more than twenty-one current days of sick leave because, once they
have used this in a single illness, they are then eligible to go on
a paid sick leave program - otherwise, they would be eligible for
two benefits which would overlap. We, therefore, transfer their
unusued sick leave to extended sick leave benefits, which can only
be used in two ways : (1) upon retirement, you get twenty-five percent
back in cash or (2) if your disability income runs out, then you could
start drawing what you have accrued . As an example, we have employ-
ees who have 150 to 200 hours of extended sick leave - if they had
an illness that extended beyond two years, they could then come back
on our sick leave program because they did earn the time. We have
OD one person on disability now, but he had no extended credits to his
account. Mr . Minor further explained that this was adopted by coun-
Q cil in 1977 or 1978 and, when there was another amendment to the
m ordinance, the secretary pulled an older version of the ordinance
m and retyped the wrong language . Mr. Niccolls said it was adopted
once and inadvertently revised and we hope we are making it right
Q now. The ordinance was unanimously adopted :
Aye : Councilmembers Bos , Gheen, Hill , Tolbert, Willis and
Mayor Sevila.
Nay: None.
83-1 - RESOLUTION - ENDORSING THE RABIES VACCINATION OF DOMESTICATED
CATS IN LOUDOUN COUNTY.
11, On motion of Mrs. Hill , seconded by Mr. Gheen, the following
resolution was proposed :
WHEREAS , Virginia is currently experiencing the largest num-
ber of reported cases of animal rabies since records were
first maintained in 1942 ; and
WHEREAS , the Virginia State Health Commissioner has asked
Loudoun County and the Town of Leesburg to adopt, as soon
as possible, an ordinance requiring cats to be immunized
against rabies; and
WHEREAS, Loudoun County is responsible for the enforcement
of animal control ordinances adopted by the town pursuant
to Title 29 , Chapter 9 . 2 of the Code of Virginia (1950) as
amended, which includes the enabling authority to adopt regu-
lations to prevent the spread of rabies .
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia as follows :
SECTION I . The adoption of amendments to the county ' s animal
control ordinances to require rabies vaccinations for all do-
ll mesticated cats over three months of age is endorsed.
SECTION II . The manager is directed to transmit a copy of this
resolution to the Loudoun County Board of Supervisors .
Mr. Gheen said this is one of those resolutions the County enforces,
does all the leg work and makes all the money. Mr. Niccolls said
the County is considering this . Mr . Willis said there was a letter
from the State Health Department emphasizing the need for this. The
resolution was unanimously adopted:
Aye : Councilmembers Bos, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay : None.
142 MINUTES OF JANUARY 12 , 1983 MEETING.
83-2 - RESOLUTION - ESTABLISHING A TOWN PLAN TASK FORCE.
On motion of Mr. Willis, seconded by Mrs. Hill , the following
resolution was proposed:
WHEREAS, the Town of Leesburg is required to revise the Com-
prehensive Plan every five years; and
WHEREAS, the pending annexation will require the preparation
of a Comprehensive Plan for the annexation area :
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia as follows :
SECTION I . A town plan task force is created and will consist
of nine members including two members of the Town Council, two
members of the Planning Commission, one member of the Board of
Architectural Review, one member of the Economic Development
Advisory Committee and three citizen members .
SECTION II . The task force membership will be appointed by the
mayor with the advice and consent of the Town Council .
Mr. Gheen asked if it will be possible for one of the citizen members
to be appointed from the proposed annexation area? Mayor Sevila said
this says "citizen" members and anyone outside the town would not be
a "citizen" member. Mr. Gheen then asked if there would be merit to
having a member from the annexation area? Mayor Sevila said we may
want to appoint a member from the annexation area in the future and
we wouldn ' t want to preclude that from the resolution. He suggested
that this read "three members who are residents of the town or the
proposed annexation area. " This was accepted by the makers of the
resolution, making Section I to read as follows :
SECTION I . A town plan task force is created and will consist
of nine members including two members of the Town Council, two
members of the Planning Commission, one member of the Board of
Architectural Review, one member of the Economic Development
Advisory Committee and three members who are residents of the
town or the proposed annexation area.
Mayor Sevila asked when it is proposed that this task force be created?
Mr. Niccolls said they hope to begin planning work on annexation in
February, so it would probably be appropriate to have this task force
meet by mid-February. He felt that, if they are appointed by the
first meeting in February, this should be adequate time . The reso-
lution was unanimously adopted :
Aye : Councilmembers Bos, Gheen, Hill , Tolbert, Willis and
Mayor Sevila.
Nay : None.
Mayor Sevila asked that each member consider the names of some who
might be qualified to serve on this task force and submit them by
committee meeting next Wednesday.
83-3 - RESOLUTION - AMENDING THE LEESBURG COMMUNITY DEVELOPMENT RE-
HABILITATION PROGRAM GUIDELINES .
On motion of Mrs. Hill , seconded by Mr. Willis, the following
resolution was proposed :
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows :
SECTION I . Paragraph 1 . 3 of the Rehabilitation Program Guide-
lines is revised to read :
Sec . 1. 3 . Ownership.
a. The unit must have been owned and occupied by the ap-
plicant at least one year prior to the date of application for
1
MINUTES OF JANUARY 12 , 1983 MEETING .
143
any grant or reduced-principal loan. There is no occupancy
requirement for the market-rate loan program.
b. Investors who place their unit under the Section 8
Moderate Rehabilitation Program or agree to increase their
rent no more than five percent per year for five years are
eligible for reduced-principal loans .
SECTION II . Paragraph 3 . 1 of the Rehabilitation Program Guide-
lines is revised to read :
II Sec. 3 . 1 . Grant Amount.
The maximum grant amount is $10 , 000 . The Loudoun County
Housing Office is authorized to increase the grant amount by
ten percent up to a maximum of $11 , 000 in order to correct
health and safety violations discovered after work is begun.
SECTION III . Paragraph 3 . 2 of the Rehabilitation Program
Buidelines is revised to read:
Sec . 3 . 2 . Reduced-Principal Loan Amount.
00
CT The town will reduce the effective interest rate on these
Q loans according to the owner ' s ability to repay, provided that
m no principal reduction shall exceed $5 , 000 .
m Mr. Weiss explained that there are two changes proposed: (1) to in-
IC crease the maximum grant amount from $5, 000 to $10, 000 . The impetus
for this change is two-fold - When the program first started, Loudoun
County also had a housing rehabilitation program. Leesburg was an
eligible project area (only $50 , 000 was assigned to housing rehabili-
tation) and the thinking was that we could combine town and county
money up to a level that is sufficient to accomplish the kind of re-
habilitation work that is necessary to bring houses up to the re-
quired housing standards . The County no longer has a program and
II
we have found that the initial. $5 , 000 is not enough to bring houses
up to minimum health and safety standards. Also , HUD has recently
monitored our program and the housing rehabilitation program is slow
at getting off the ground. We didn ' t have enough money allocated to
do repairs that were needed by some of the people who were applying
to the program. (2) to open up the program to investor owners for
rental housing. HUD has asked that we consider this and the pro-
posal is to expand the program to investor-owned property - it would
be a reduced-principal loan. There are a variety of ways to do this
(he explained in detail) , but this takes a lot of administrative ca-
pacity. An easier way for the town to do this is to reduce the prin-
cipal , which brings the payment in line with what the person can pay.
This would get the town in and out of it quickly. There is one ad-
ditional requirement to be placed on investors - some assurance that
the unit would remain available to a low or moderate income person.
This can be done by participation in the Section 8 moderate rehab
program, which would insure that for a 15-year period, or they can
agree not to raise the rent more than five percent per year for a
five-year period. Mr. Gheen asked if the $50, 000 is the amount of
the grant for this current year? Mr . Weiss said this is the total
amount allocated for housing rehabilitation for the three years.
This is all there will be unless we amend our program. We have one
job under construction now and we have a second application (this is
one that prompted a proposal to increase the grant limit) . The family
1 II apparently qualifies from an income point of view, but the work re-
quired was in excess of $5, 000 . Mr. Gheen asked if Mr. Weiss knew
why the County dropped its plan? Mr . Weiss said they did not drop
it - the program was assumed by the State and they have applied to
the State, but most of that money went to Southwest Virginia for
water and sewer projects . They plan on re-applying in the spring.
If they are funded, we might want to consider some other arrangements
with them at that time. The resolution was unanimously adopted:
Aye : Councilmembers Bos , Gheen, Hill , Tolbert, Willis and
Mayor Sevila.
Nay : None.
in MINUTES OF JANUARY 12 , 1983 MEETING.
1 Y 83-4 - RESOLUTION - VACATING AN EASEMENT AND ACCEPTING AN EASEMENT
FROM S . ROSS LIPSCOMB AND GLORIA H. LIPSCOMB
FOR WATERWORKS IMPROVEMENTS .
On motion of Mr. Willis, seconded by Mrs . Hill, the following
resolution was proposed :
WHEREAS , on May 12, 1982 in Resolution No. 82-57 council ac-
cepted a deed of easement made the 10th day of February 1982
from S . Ross Lipscomb and Gloria H. Lipscomb for construction,
reconstruction, maintenance, replacement or repair, use and
inspection of watermain or mains, including necessary appurte-
nances over, across, through and under the land of the gran-
tors; and
WHEREAS, other easements required for installation of this
watermain as originally proposed through the Lipscomb prop-
erty were unable to be secured from adjacent property owners;
and
1
WHEREAS, S. Ross Lipscomb and Gloria H. Lipscomb have agreed
to provide an alternate easement which will allow installation
of a watermain loop along the relocated boundary of lots 3a and
4a of Catoctin Circle Industrial Subdivision Section 1 .
NOW, THEREFORE, RESOLVED by the Council of the Town of Leesburg
in Virginia as follows :
SECTION I . The deed of easement by and between S. Ross Lips-
comb and Gloria H. Lipscomb, his wife and the Town of Leesburg
for construction, reconstruction, maintenance, replacement or
repair, use and inspection of watermain or mains, including
necessary appurtenances, over, across , through and under the
land of the grantors (specifically 5 ft. on each side of the
common boundary line between lots 3a and 4a of Catoctin Circle
Industrial Subdivision, Section 1 as shown on a plat prepared
by Bengtson, DeBell , Elkin & Titus dated January, 1983) is
hereby accepted and the mayor is hereby authorized to acknowl-
edge
the same on behalf of the town.
SECTION II . The watermain easement accepted by Council in Reso-
lution 82-57 is hereby vacated and the mayor is hereby author-
ized to acknowledge the same on behalf of the town.
Mayor Sevila said they had a small plat at the committee meeting
which showed the realignment of this easement. It was impossible
to complete these water line improvements with the old easement, so
it was necessary to go back and secure an alternate easement. The
language in the resolution explains itself . The resolution was unani-
mously adopted :
Aye : Councilmembers Bos , Gheen, Hill , Tolbert, Willis and
Mayor Hill .
Nay : None.
83-5 - RESOLUTION - AUTHORIZING A PARADE PERMIT.
On motion of Mr. Willis , seconded by Mr. Bos, the following
resolution was proposed and unanimously adopted :
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I . The manager is authorized to issue a permit under
Section 10-13 of the Town Code to the Loudoun Memorial Hos-
pital for a runners ' marathon to be conducted on May 14 , 1983
and is further authorized to close Loudoun, Ayr, Market, Wirt
and Cornwall Streets, Memorial Drive and other streets as nec-
essary for the event.
MINUTES OF JANUARY 12 , 1983 MEETING.
145
SECTION II . The permit may contain reasonable and appro-
priate conditions as determined necessary by the manager and
shall require the town to be named as additional insured
under a $500 , 000 public liability insurance policy secured
by the Loudoun Memorial Hospital .
Aye : Councilmembers Bos, Gheen, Hill , Tolbert, Willis and
Mayor Sevila.
Nay: None.
Mr. Gheen challenged anyone not more than five years older than he
is to take the two-mile run with him.
83-6 - RESOLUTION - PROPOSED AD HOC COMMITTEE FOR 42 EDWARDS FERRY
ROAD.
On motion of Mr. Bos , seconded by Mr. Gheen, the following reso-
lution was proposed :
WHEREAS , the Loudoun County Community Service Board and the
Loudoun County Board of Supervisors proposed the establish-
ment of a residential facility for the mentally retarded to
00 be located in county-owned property at 42 Edwards Ferry Road;
T and
CD
WHEREAS, the Loudoun County Board of Supervisors has invited
CO town participation in an ad hoc committee to study the issue:
Q THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia as follows :
The mayor shall appoint two members of the Council to an ad
hoc committee proposed by the Loudoun County Board of Super-
visors to study the establishment of a residential facility
for the mentally retarded at 42 Edwards Ferry Road. The mana-
ger shall appoint a staff member to assist Councilmembers in
the study.
Mayor Sevila said council has been provided with a copy of the action
item by the County. Mr. Gheen felt the County initiated this action
in an attempt to prevent the problems we had when such a home was
proposed for West Loudoun Street and he feels this is a good idea.
He personally feels the town and the county should explain to the
public exactly what is going on and why. The county will be using
one of these buildings for a worthwhile purpose. The residents of
the town exerted a good deal of pressure on the county not to con-
sider the demolition of those buildings, but to renovate and restore
them, so we have to recognize that some beneficial use must be made
of the buildings . We should support it - it is in keeping with other
county facilities in the area . Mr . Bos echoed this. Mr. Tolbert
asked if a public hearing is required on this issue? Mrs. Hill
said the purpose of this is to talk to the people prior to its com-
ing before the Planning Commission for approval. The resolution was
unanimously adopted :
Aye : Councilmembers Bos, Gheen, Hill , Tolbert, Willis and
Mayor Sevila.
Nay: None.
83-7 - RESOLUTION - REGARDING THE LEESBURG SUMMER CONCERT SERIES .
' On motion of Mr. Bos, seconded by Mrs . Hill , the following
resolution was proposed :
WHEREAS, the fiscal year 1983 budget includes a $2500 appro-
priation toward the Leesburg Summer Concert Series to be con-
ducted by the Bluemont Summer Concert Series, Ltd.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia as follows :
MINUTES OF JANUARY 12 , 1983 MEETING.
146
The manager shall enter into an agreement with the Bluemont
Concert Series , Ltd. to provide a series of outdoor public
concerts during the summer of 1983 .
Mr . Bos said everybody is familiar with how the series went last
year . The idea is to make this a focal point in the downtown area
to improve its use and image. This is the same amount that was
seed money for the Bluemont Concert Series to solicit other funds
through cooperative efforts in the community and the grant process -
for last year . There are several different ways it might go - the
town may continue to support it in a nominal way indefinitely, or
it may essentially be taken over by the Bluemont Concert Series
after they have secured other sponsors. The County is also kicking
in a small portion and has sponsored the application to the Virgini
Fine Arts Commission for a matching grant of State money. Mr. Tol-
bert asked if the County has appropriated some money? Mr. Bos un-
derstood that they have, but he doesn ' t know how much. Mr. Willis
said he can see Mr. Thomas ' point, but he thinks this is justifiable
expense insofar as the benefits derived by the community. As far as
the street closing is concerned, this can be re-evaluated to see if
this is essential . It was beneficial last year. Mayor Sevila
thanked Mr. Thomas for coming and expressing his views . However,
he has supported the concept of this series and thinks it fits com-
fortably with the governmental function for a number of reasons .
Not only does it add to the image of Leesburg and the downtown area
in general, but it provides a recreational activity and brings into
our community some exposure to different tastes, styles and cultures
that we might not have an opportunity to see. He thinks it is a
worthwhile investment of town funds - it is seed money. Hopefully,
we will get to a point where we can discontinue or reduce the amount
of our appropriation and the concert series will be self-supporting.
He supports the resolution, with all due respect to Mr. Thomas. The
resolution was unanimously adopted :
Aye : Councilmembers Bos , Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay: None.
83-8 - RESOLUTION - MAKING APPROPRIATION FOR DESIGN SERVICES FOR
CATOCTIN CIRCLE WEST.
On motion of Mrs. Hill , seconded by Mr. Tolbert, the following
resolution was proposed :
WHEREAS, additional design services are required to accommo-
date school bus traffic at the high school because of con-
struction of West Catoctin Circle;
THEREFORE, 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 . 702 in the amount of $2 , 000 for the fiscal year ending
June 30 , 1983 .
Mr . Niccolls said these funds will be used to pay the cost of a
field survey and for design services for alternative improvements
at the south side of the high school . Our permit with the School
Board to construct Catoctin Circle along the north edge is condi-
tioned upon the satisfactory solution of the bus loop problem that
is caused by the construction. It has become apparent that we need
to fully analyze and come up with some alternative designs to move
the bus loop to the left end of the high school (as you face it) .
This will be paid from the bond fund. Mayor Sevila asked if this
contemplates the town will provide the funds for those improvements?
Mr . Niccolls said no decision has been made on that point - Council
will be receiving some information on this by Friday. We haven' t
completed negotiations with the School Board over responsibility
for the various aspects of construction. We are trying to get a
picture of what is an acceptable alternative - we are trying to
find the least expensive way of solving the problems and it is some-
times expensive to find that. The resolution was unanimously adopted :
MINUTES OF JANUARY 12 , 1983 MEETING.
147
Aye : Councilmembers Bos , Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay: None.
83-9 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING
JUNE 30 , 1983 .
On motion of Mrs . Hill , seconded by Mr. Bos , the following reso-
lution was proposed :
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
Appropriations are made to the following General Fund Accounts
in the amounts shown for the fiscal year ending June 30, 1983 :
Account No. Amount
1203. 101 Salaries & Wages $11, 570
1203 . 200 Fringe Benefits 1, 700
CD 1203 . 300 Contractual Services 4 , 600
NT
O 1203 . 540 Materials & Supplies 100
OD
OD 1203 . 701 Office Equipment 800
Q Mr. Niccolls explained that these funds are to be used to retain tem-
porary planning assistance to complete the combined Town Plan-Annexa-
tion Area Plan. It will also provide funds for legal services to re-
view the draft Zoning Ordinance, to help in the preparation of zon-
ing ordinance amendments that are required and other miscellaneous
funds to actually complete the documents . This is to employ a part-
time planner and a temporary full-time planning technician, who would
work for the professional planner (all these positions will be tem-
porary) . Mr. Gheen understood this is a cost of annexation. Mr.
Niccolls said it is - it is a part of our agreement with Loudoun
County and our obligation under State law to complete a Comprehensive
Plan for the territory within our corporate limits . The Zoning Ordi-
nance amendments are another major part of this work and are required.
Mayor Sevila asked then if this $18 , 077 is for the remainder of this
fiscal year only and will we need additional appropriations? Mr.
Niccolls said they contemplate about one year for this work, so the
total expenditure will probably double this amount. Mayor Sevila
said he has been asked if the town will be seeking outside consulting
services in lieu of staffing it ourselves? Mr. Niccolls said their
recommendation is very strongly to staff it temporarily to do this
work in lieu of professional planning. They do contemplate that some
expert service in the transportation area might be appropriate - the
location of certain arterial roads needs careful consideration and
most of those are in the existing town. The general land community
facility and other planning elements should certainly be done by our
own staff for several reasons : we have extensive work already in
place - we all know what has been done, but the documents are complex
and they do require a high degree of professional work to make cer-
tain they accurately reflect what council wants. They also feel it
is more appropriate to use our own staff because of the rapport with
the Planning Commission members and the group that would be working
I/ with them on a daily-weekly basis . We have the capability in-house
to supervise this work, and there is a professional planner avail-
able in the area who does not wish to work full time. For those
general reasons they favor doing the work in-house, plus it will be
cheaper. Mayor Sevila asked if we do not have the manpower on staff
now to do the job that needs to be done between now and next year?
Mr . Niccolls said we do not. Mr. Bos said doing a Comprehensive
Plan is a big effort and we did have problems with our consultant
last time. He feels it can be done in-house, particularly with Marc ' s
help. All these issues - annexation, economic development - a lot of
these issues are all tied together . It is a lengthy process and it
would cost more to have it done on the outside and would be an in-
ferior product. The resolution was unanimously adopted:
_ _ p MINUTES OF JANUARY 12 , 1983 MEETING.
148
Aye : Councilmembers Bos, Gheen, Hill, Tolbert, Willis and
Mayor Sevila .
Nay: None.
83-10 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC
HEARING ON REZONING #ZM-43 BY THE TOWN OF LEES-
BURG.
On motion of Mrs . Hill, seconded by Mr. Willis , the following
resolution was proposed :
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
I A Notice of Public Hearing to consider Rezoning ZM-43 . by the
Town of Leesburg to have rezoned from B-2 and R-1 to R-4
land in the East Edwards Ferry Road neighborhood as shown
on sketches on file in the office of the Director of Planning
and Zoning, shall be published in the Loudoun Times-Mirror on
1 January 20 , 1983 and January 27 , 1983 for public hearing on
February 9 , 1983 at 7 : 30 p.m. in the Council Chambers, 10
West Loudoun Street, Leesburg, Virginia .
Mrs. Hill said the Planning Commission held its hearing on this mat-
ter last week - there were two people in the audience concerning it,
but neither of them spoke. The Planning Commission voted to recom-
mend this rezoning to R-4 . The resolution was unanimously adopted :
Aye : Councilmembers Bos, Gheen, Hill, Tolbert, Willis and
Mayor Sevila .
Nay: None.
Mr. Bos said the consultants doing the East Market Street study
(EDAW) will be here on January 26 at 7 : 30 a.m. to show the Economic
Development Committee their first visualized concept for East Market
Street .
On motion of Mr. Tolbert, seconded by Mrs . Hill, the meeting
was adjourned at 9 : 15 p.m.
ayor
Clerk of t Council
i
1