HomeMy Public PortalAbout1983_02_23 175
1 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC
HEARINGS ON AMENDMENT TO SYCOLIN PARTNERSHIP PROFFER - ZM-28 AND
SOUTH HARRISON STREET REZONING - ZM-42 , FEBRUARY 23 , 1983 .
A regular meeting of the Leesburg Town Council was held in
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia
on February 23, 1983 at 7 : 30 p.m. The meeting was called to order
by the Mayor, with Mr. Tolbert giving the invocation, and followed
1 with the Salute to the Flag led by Mr . William Chapman. Present
were: Mayor Robert E. Sevila , Councilmembers Edgar L. Coffey, Jr. ,
Marylou Hill, John W. Tolbert, Jr . and Howard M. Willis, Jr . ; also
Town Map^ager John Niccolls, Deputy Manager Jeffrey H. Minor, Assistant
Mi nager,TTanning:_& Development Marc Weiss , Director of Finance Donald
O. Taylor and Town Attorney George M. Martin. Absent from the meet-
ing were Councilmembers Charles A. Bos and Reginald K. Gheen.
On motion of Mr. Tolbert, seconded by Mr . Willis, the minutes
of the regular meeting of January 12 , 1983 were approved by a vote
of 4 to 1 abstention, Mr. Coffey having been absent for that meeting:
1 Aye: Councilmembers Hill , Tolbert, Willis and Mayor Sevila.
Nay: None.
Abstention : Councilmember Coffey.
PUBLIC HEARING ON AMENDMENT TO SYCOLIN PARTNERSHIP PROFFER - ZM-28 :
A public hearing on a proposed amendment to the Sycolin Part-
nership proffer on Rezoning Application ZM-28 was held. Mr . Nic-
coils explained that this is a petition to amend a proffer given
voluntarily as part of a previous rezoning of property lying to
the southeast of the Brandon-Virginia Knolls area . In 1980, a re-
zoning was requested from townhouse to commercial, with certain
stipulations on the use of that commercial land. One was that an
area within 300 feet of the existing zoned R-3 land could only be
used for commercial offices and housing for the elderly. A pre-
liminary plan was presented to the Planning Commission and approved
at committee stage for a residential development, which is permitted
in the B-2 zone, for single-family development along Sycolin Road
for part of this land. The proffer condition regarding the housing
for the elderly affects this proposed subdivision - the proposal the
applicants made was to permit single-family dwellings in that 300
foot zone, regardless of whether the occupants of those homes be
elderly or non-elderly citizens . The matter was referred to the
Planning Commission. Mrs . Hill said the Planning Commission voted
unanimously to recommend the Council adopt this amendment to the
proffer.
Mr. Chapman, representing the applicant, said they have no
presentation, but they will be glad to answer any questions . This
is just a little language change.
The public hearing was closed and, on motion of Mrs . Hill,
seconded by Mr. Coffey, Council voted unanimously to defer action
until the next regular meeting of Council :
Aye : Councilmembers Coffey, Hill , Tolbert, Willis and Mayor
Sevila.
Nay : None.
PUBLIC HEARING ON REZONING APPLICATION ZM-42 - SOUTH HARRISON STREET:
A public hearing was held on Rezoning Application ZM-42 - South
Harrison Street. Mr. Weiss said this was originated as part of the
South Harrison Street Project (he exhibited the area on the map) .
Basically, there are two rezonings proposed - one is 5 . 4 acres pro-
posed to be rezoned M-1 to B-2 ; and there are three residential lots
proposed to be rezoned M-1 to R-2 (he identified streets and other
landmarks) . Land uses in this neighborhood are often incompatible
with one another and, in many instances, are inconsistent with the
underlying zoning district and the comprehensive and area plan.
As an example, there are three residential dwellings along Church
Street in an M-1 district and residential uses are non-conforming
176 MINUTES OF FEBRUARY 23, 1983 MEETING.
in such a district. There are also throeW'Rouses in an M-1 district
that are in residential use and they are non-conforming as well.
Most of the uses in this area are already commercial in nature
and, while not strictly non-conforming, they are not in strict con-
formance with the M-1 , which is more an industrial or manufacturing
zone. There are four objectives behind this proposed rezoning : (1)
to create compatibility between the land use in the area and the
underlying zoning district; (2) to protect the existing residential
neighborhood (pointing out a specific area) (3) to support the com-
mercial lane between the South Harrison project and the downtown;
(4) to promote a more rational land use pattern in and around the
1 South Harrison Street-Loudoun Street intersection. The proposed
rezoning is generally in conformance with the 1974 Land Use Plan.
The Planning Commission had a public hearing and they unanimously
recommended this to Council .
Mrs. Hill said two people spoke at the public hearing - one be-
ing Mr. C. J. Payne - he asked that part of his land next to Mrs.
Savopoulos be included in the B-2 rezoning. They cannot add to a
zoning once it has been advertised, so they could not consider it
at that time. Also, a woman on Church Street had a question. The
Planning Commission recommended this rezoning unanimously.
The public hearing was closed and, on motion of Mrs . Hill, sec-
onded by Mr. Tolbert, Council voted unanimously to defer action un-
til the next regular meeting of Council :
Aye : Councilmembers Coffey, Hill, Tolbert, Willis and
Mayor Sevila.
Nay : None.
CONTINUATION OF PUBLIC HEARING ON ZM-43 - EDWARDS FERRY ROAD REZONING.
Mayor Sevila said Mr . Stephen Robin, attorney representing the
Heritage Square Condominium Association, had asked that the record
be held open on this hearing to permit him to add his comments to
the record. Mr. Robin read his letter of February 15 , 1983 into
the record, supporting the rezoning of this property to R-4 by the
approximately seven hundred persons residing in the Heritage Square
Condominium project .
COUNCILMEMBERS ' COMMENTS :
Mr. Willis felt the Street Department reacted very quickly and
as favorably as possible in the snow storm last week. He thought
they did an exceptionally good job with very few complaints. They
put in a lot of time.
Mr. Coffey said he and Mr. Bos had an opportunity to thank Con-
gressman Wolf for his efforts in behalf of the Post Office Department
staying in its location and also for his efforts concerning the flight
service station. He felt their expression conveyed the feelings of
the whole council .
Mr. Tolbert said he had a complaint concerning a lady who could
not get out of her driveway because of the snow, but he took care of
this himself.
MAYOR' S REPORT:
Mayor Sevila echoed the comments concerning the snow removal.
Given the size of the job, the Public Works Department did a tre-
mendous job. He and Mr. Willis drove some heavy equipment Saturday _
night and he is looking forward to driving one of those dump trucks
again.
Mayor Sevila also said the County Board took seriousy some com-
ments sent by him earlier concerning the industrial revenue bond is-
sue and yesterday they did delete the language the town considered
offensive or a threat to some projects that may come before the town
for such funding - this is probably very good for the town ' s finan-
cial well-being.
MINUTES OF FEBRUARY 23, 1983 MEETING.
The FAA awarded the contract for the Flight Service Statiol 77
to the town, as everyone has heard by now. Mr. Johnson, the head
of the existing station, has arranged an open house on March 4 at
10 : 30 a.m. and has asked council and staff to attend. He would
like everyone to be there if possible. They will include a demon-
stration or get-acquainted session so everybody can understand a
little better what a flight service station does.
MANAGER' S REPORT:
(1) Mr. Niccolls said he spoke with Delegate Rollins today to
get an update on the annexation bill - he feels the conference com-
mittee will easily and quickly work out the differences between the
House and Senate version and that the matter will be passed next week.
He asked some questions about the agreement, evidencing some fairly
common misconceptions as to what it calls for. We are getting a lot
of questions from property owners and developers using the expres-
sion that the County controls zoning in the annexed territory. This
is not the case.
1 (2) With regard to the flight service station project, he has
asked Mr . Minor to head a task force, including some non-town parti-
OD cipants who will have various roles to play in creating the center.
CT We will basically be constructing a major sewer line and lift sta-
O tion force main, as well as the 12 , 000 square foot building itself .
So there are architectural, engineering and land planning implica-
m tions, as well as financial implications. Don is revising the bond
CO issue prospectus that will be taken to New York next month so we
Cr can raise these funds . There are other tasks to be completed by
almost every other department of the town. We will soon have a
construction or project schedule completed - it will show the major
tasks to be accomplished, as well as the approximate completion time.
Our staff is tremendously excited about the opportunity to create
this center. Jeff ' s persistence in this project (from the staff ' s
point of view as well as the Council ' s interest in it) was very
valuable and beneficial in getting it off the ground. Council will
' be seeing the project schedule and updates from time to time.
(3) The first meeting of the Town Plan Task Force is set for
the week of March 14th.
(4) The Capital Improvements Plan is nearing completion and
will be submitted, as required by State law, to the Planning Com-
mission for its review before being sent back to Council. This
has been a major effort undertaken by all the departments in identi-
fying, costing out and making recommendations on capital improvements
appropriate, in their view, for Leesburg over the next five or six
years . When Council gets it, it will probably still have many more
proposals than can possibly be financed in that time period. Coun-
cil ' s job will be to sift those down and determine which should be
scheduled for what year.
(5) The prospectus Don Taylor is working on for the bond issue
is another major undertaking. This is being proposed as a four-part
bond issue - (1) it would make permanent the temporary financing
arranged last year for the two road projects (the $480 , 000 bond anti-
cipation note issued last July) ; (2) it will provide funds for the
sewage treatment facility expansion and upgrade - about $2 , 000, 000;
(3) the flight service station project (about $800 , 000) ; and (4)
the annexation-related capital improvements, such as the community
park that was proposed (about $150 , 000) . In any event, we have a
' major general obligation bond issue comping up . They will be mak-
ing presentations to the bond rating agencies in New York in March.
Mayor Sevila and Mr. Bos are planning to go to New York with staff
members for this purpose . This is the same approach used several
years ago when the water plant bonds were rated and they received
a better rating than they would have otherwise received had they
not gone to New York to make these presentations .
(6) The day of the large snow, a proposal was received from
a group of investors interested in use of the property behind Vine-
gar Hill parking lot (the one-acre tract on the west side of South
MINUTES OF FEBRUARY 23 , 1983 MEETING.
178
Harrison Street) . This proposal is for a multi-use facility (in-
cluding a farmer ' s market that has been in the budget for that
area) and it is a very exciting proposal. They are now in the
process of analyzing the financial aspects of the proposal, as
well as the potential lease arrangements they have suggested.
This will be coming to Council in about a month or less. We only
had the one proposal and it is a major undertaking to analyze such
a proposal. There is even a detailed plan model for the site.
Mr. Coffey said he worked the flight service station from the
time he came to Leesburg until he retired two years ago as super-
visor with the Telephone Company. If there is some way he can help
in working with the people there and the town, he will be glad to
work with Jeff or whoever.
Mayor Sevila questioned the time for the meeting of EDAC
with EDAW on the Route 7 East corridor study - this to be on March
26th? Mr. Weiss said it will be March 23rd at 8 : 00 A.M.
83-0-8 - ORDINANCE - AMENDING THE LEESBURG ZONING MAP .
On motion of Mrs . Hill, seconded by Mr. Tolbert, the following
ordinance was proposed and unanimously adopted:
WHEREAS, the following proposed amendment to the Leesburg
Zoning Map (ZM-43) was initiated by Council on December 8 ,
1982 , and
WHEREAS, a hearing was held by the Commission on January 6 ,
1983 and persons desiring to express their views on the pro-
posed amendment were heard, and
WHEREAS , the Planning Commission on January 6',, . 1983 recom-
mended to the Council approval of the proposed rezoning, and
WHEREAS, the Council held a public hearing on February 9 ,
1983 and persons desiring to express their views on the
proposed amendment were heard, and
WHEREAS, it is determined that the public necessity, con-
venience, general welfare or good zoning practice requires
the proposed amendment,
NOW, THEREFORE, ORDAINED by the Council of the Town of Lees-
burg in Virginia as follows :
SECTION I . The Leesburg Zoning Ordinance is amended to re-
vise the Zoning District Map to change from B-2 and R-1 to
R-4 the following properties :
Town of Leesburg Plaza Park Heritage Square Subdivision
Loudoun House Apartments Honicon II Subdivision
Virginia Village Apartments
SECTION II . This ordinance shall be in effect upon its pas-
sage.
Aye : Councilmembers Coffey, Hill , Tolbert, Willis and Mayor
Sevila.
Nay : None .
83-0-9 - ORDINANCE - AMENDING SECTION 7-440 SMOKE DETECTORS RE-
QUIRED.
On motion of Mrs. Hill , seconded by Mr. Coffey, the following
ordinance was proposed:
ORDAINED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I . Section 7-440 of the Town Code is amended to read
as follows :
MINUTES OF FEBRUARY 23 , 1983 MEETING.
179
Sec . 7-440. Smoke detectors required.
(a) The owner thereof shall install, service, repair
or replace smoke detectors in locations specified in the Vir-
ginia Uniform Statewide Building Code in the following struc-
tures or buildings constructed prior to the adoption of the
Uniform Statewide Building Code :
(1) Any multifamily building containing four or
more dwelling units;
1
II (2) Any hotel or motel regularly used, offered
for, or intended to be used to provide over-
night sleeping accommodations for one or more
persons ; and
(3) Rooming houses regularly used, offered for, or
intended to be used to provide overnight sleep-
ing accommodations and which contain four or
more units;
(4) Smoke detectors shall be installed in all com-
mon areas, hallways and stairwells described
NT in 1 , 2 or 3 above and shall be installed in
O accordance with Section 1716 . 6 (Distances) of
OD the Building Code, but in no instances shall
CO the distance exceed 200 feet between detectors
and they shall be effectively heard above all
Q other sounds by all occupants in every occupied
space within such building.
(b) "Smoke detectors" , when used in this article, shall
mean battery-operated or alternating current powered devices
capable of sensing visible or invisible products of combustion
that sound an audible alarm and satisfying the requirements of :
the BOCA Basic Building Code for smoke detectors .
SECTION II . This ordinance shall be in effect upon its passage.
Mr. Willis said this was inadvertently left out last year when we
adopted this ordinance. Either the Fire Marshal ' s office or we left
it out and they brought it to our attention about a month ago. The
ordinance was unanimously adopted :
Aye : Councilmembers Coffey, Hill, Tolbert, Willis and
Mayor Sevila.
Nay : None .
83-30 - RESOLUTION - RECOMMENDING APPOINTMENT TO BOARD OF ZONING
APPEALS .
On motion of Mrs. Hill , seconded by Mr . Tolbert, the following
resolution was proposed and unanimously adopted:
WHEREAS , the term of Benjamin F . Jackson as a member of the
Leesburg Board of Zoning Appeals expired on December 31, 1982 ;
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
Council recommends the reappointment of Benjamin F. Jackson
to the Leesburg Board of Zoning Appeals for a term of five
years , said term to expire December 31, 1987 , and the town
attorney is directed to send Council ' s recommendation to the
Judge of the Circuit Court.
Aye : Councilmembers Coffey, Hill, Tolbert, Willis and
Mayor Sevila.
Nay: None.
iso MINUTES OF FEBRUARY 23 , 1983 MEETING.
1 83-31 - RESOLUTION - MAKING AN APPOINTMENT TO THE ECONOMIC DE-
VELOPMENT ADVISORY COMMITTEE.
On motion of Mrs . Hill, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
Donald G. Butler is appointed to the Economic Development Ad-
visory Committee to fill the unexpired term of Dick A. Richards,
said term to expire July 1 , 19857 in accordance with Chapter
5. 2 , Article I of the Town Code.
Aye : Councilmembers Coffey, Hill, Tolbert, Willis and
Mayor Sevila.
Nay : None.
PROPOSED RESOLUTION MAKING APPOINTMENTS TO THE TOWN PLAN TASK FORCE.
On motion of Mr. Tolbert, seconded by Mr. Coffey, Council
voted unanimously to send a proposed resolution making appoint-
ments to the Town Plan Task Force back to committee until such
time as all councilmembers can be present:
Aye: Councilmembers Coffey, Hill, Tolbert, Willis and
Mayor Sevila.
Nay : None.
83-32 - RESOLUTION - RELEASING THE PERFORMANCE BOND AND APPROVING A
MAINTENANCE BOND FOR LOT 8 , LOWE ' S OF LEESBURG
IN CARDINAL INDUSTRIAL PARK.
On motion of Mr. Willis, seconded by Mr . Coffey, the following
resolution was proposed :
WHEREAS , the developer of Lot 8 in Cardinal Industrial Park,
Lowe ' s Companies, Inc . has completed public improvements in
accordance with town and highway department standards and
specifications and these have been inspected and approved by
the highway department and the town; and
WHEREAS, as-built drawings of the public improvements have
not yet been received.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia as follows :
SECTION I . Performance Bond No. 4144191 of SAFECO Insurance
Company of America in the amount of $12 , 230 is released and
Maintenance Bond No. 4690943 from SAFECO Insurance Company of
America in the amount of $611 . 50 is approved.
SECTION II . The waterworks extension within the town ' s ease-
ment on Lowe ' s Company, Inc . , property which was constructed
as part of the public improvements for this development is ac-
cepted into the town ' s system.
SECTION III . A copy of this resolution is to be forwarded to
the Loudoun County Board of Supervisors and the Virginia De-
partment of Highways and Transportation with correspondence
recommending that the roadway improvements for Lot 8 , Cardinal
Industrial Park be added to the secondary system of Loudoun-' •
County in accordance with Section 33 . 1-229 of the Code of
Virginia of 1950 as amended.
SECTION IV. This resolution is effective upon review and appro-
val of as-built construction drawings for the public improvements
by the Director of Engineering.
Mayor Sevila explained that "as-built" drawings are those to be sub-
mitted when the project is complete that will show the project as
built. On file now are the construction plans. The resolution was
unanimously adopted :
I
MINUTES OF FEBRUARY 23 , 1983 MEETING .
Aye: Councilmembers Coffey, Hill, Tolbert, Willis and 1 8 1
Mayor Sevila.
Nay: None.
83-33 - RESOLUTION - AUTHORIZING AN OFFER TO FLORENCE ASHBROOK ET AL
FOR THE PURCHASE OF A TRACT OF LAND AND AN EASE-
MENT FOR CONSTRUCTION OF WEST CATOCTIN CIRCLE.
On motion of Mrs . Hill , seconded by Mr. Tolbert, the following
resolution was proposed :
I II WHEREAS, Council has authorized design and construction of
West Catoctin Circle between Dry Mill Road and West Market
Street to improve traffic circulation; and
WHEREAS, it is necessary to acquire a certain tract of land
and an easement for the West Catoctin Circle extension from
and on the land of Florence Ashbrook, et al as described in
a plat prepared by Bengtson, DeBell, Elkin & Titus;
THEREFORE RESOLVED by the Council of the Town of Leesburg in
Virginia as follows :
OD
SECTION I . The sum of $9 , 300 shall be offered Florence Ash-
obrook et al for the tract of land and easement free and clear
OD of all title defects for liens or encumbrances.
CQ SECTION II . An appropriation including right-of-way and legal
Q costs is made to the Street Construction Capital Project Fund
Account No. 8200 . 703 , Catoctin Circle West Construction, in the
amount of $9 , 800 for the fiscal year ending June 30 , 1983 .
Mr. Martin explained that to own something in fee simple means total
ownership. A property owner has an inherent right to ingress and
egress to the public highway. Mayor Sevila said the public amenities
statute now makes dedications to municipalities or governmental sub-
s divisions fee simple unless they are otherwise modified - it is owner-
ship outright in the governmental authority. The resolution was unani-
mously adopted:
Aye : Councilmembers Coffey, Hill , Tolbert, Willis and Mayor
Sevila.
Nay : None.
83-34 - RESOLUTION - AUTHORIZING AN AMENDMENT TO THE COMMUNITY DE-
VELOPMENT BLOCK GRANT APPLICATION.
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 :
The manager is authorized and directed to amend the second
year community development block grant application in order
to improve project cash flow and to ensure timely implementa-
tion to reflect the revised three-year budget shown in a memo
to Mayor and Council dated February 10 , 1983 .
Mr. Weiss said there are two considerations : (1) The price of the
II VEPCO land is $312 , 000 - this is a major investment. The grant is
allocated on a year by year basis, although it is a three-year pro-
gram. Because of some of the restrictions for which the money can
be used, if we had to purchase the VEPCO tract in one year, we could
not do the other necessary activities, such as street improvements .
This is the alternative they feel is the most cost-effective for the
town. It is better for the town because there is a HUD rule that
you have to apply the income back to the project before you can draw
down more Federal money. It is possible we could have some money
left at the end of the project. Mr . Niccolls understood, then, that
the principal change is that we will purchase the VEPCO land in in-
stallments . The resolution was unanimously adopted :
MINUTES OF FEBRUARY 23 , 1983 .
182
Aye : Councilmembers Coffey, Hill, Tolbert, Willis and
Mayor Sevila.
Nay: None.
83-35 - RESOLUTION - ESTABLISHING AND REVISING CAPITAL PROJECTS FUNDS .
On motion of Mr. Willis, seconded by Mrs. Hill , the following
resolution was proposed :
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I . Appropriations are rescinded in the General Fund
for the accounts and in the amounts listed below for the fis-
cal year ending June 30 , 1983 :
Account No. and Name Amount
4102 . 700 Harrison Street Design $ 23, 450
4102 . 701 Harrison Street Construction 197 , 500
4102 . 702 Catoctin Circle West - Design 31, 975
4102 . 703 Catoctin Circle West - Construction 6, 300
SECTION II . The Street Construction Capital Project Fund is
established with appropriations to the accounts and in the
amounts shown below. Appropriations shall remain in effect
until the projects are complete. Expenditures previously
charged are transferred to the corresponding accounts shown
below:
Account No. and Name Amount
8100 . 700 Harrison Street Design $ 23 , 450
8100 . 701 Harrison Street Construction 197 , 500
8200. 702 Catoctin Circle West - Design 31 , 975
8200. 703 Catoctin Circle 'West-Construction 6 , 300
SECTION III . The proceeds from the sale of Bond Anticipation
Notes in the amount of $673 , 200 is transferred from the Gene-
ral Fund to the Street Construction Capital Project Fund.
SECTION IV. Appropriations, budgeted revenues and expenditures
previously made to South Harrison Street project fund are re-
vised and are allocated to the South Harrison Street Capital
Project Fund - Year 1 and to the South Harrison Street Capital
Project Fund - Year 2 as shown below. These appropriations
shall remain in effect until the project is complete.
South Harrison St. Capital Project Fund - Year 1
Account No. and Name Realized/Expended Budget/Appro.
40 . 01 H .U. D. Grant $312 , 297 . 97 $450, 000. 00
40 . 03 Rental Income 1 , 600 . 00 -0-
40 . 06 Site Plan Sales 315 . 00
9100 . 301 Transfer to General
Fund/Adm. 13, 376 . 00 14 , 000 . 00
9100 . 305 Housing Rehabilita-
tion -0- 20 . 000 . 00
9100 . 700 Land Acquisition 137 , 287 . 96 137 , 300 . 00
9100 . 701 Water and Sewer 45, 022 . 00 45, 000. 00
9100 . 702 Street Improvements 227 , 021 . 87 233, 700. 00
South Harrison St. Capital Project Fund - Year 2
Account No. and Name Realized/Expended Budget/Appro.
40 . 01 H.U .D. Grant -0- $450, 000 . 00
40 . 03 Rental Income -0- -0-
9200 . 301 Transfer to General
Fund/Adm. -0- 15, 200. 00
9200 . 305 Housing Rehabilitation -0- 15 , 000. 00
9200 . 307 Relocation -0- -0-
9200 . 700 Land Acquisition -0- -0-
9200 . 702 Street Improvements -0- 195, 800. 00
MINUTES OF FEBRUARY 23 , 1983 MEETING .
Mrs. Hill explained that these changes were recommended by HUD
183
and by our bond counsel . Mr. Niccolls said basically we are tak-
ing some Capital Project expenditures out of the General Fund and
putting them in a special Capital Project fund. The effect of this
on our finance statements is to eliminate what are seen as extraordi-
nary fluctuations in our revenue and expense picture. The change in
Section I is to level out the General Fund as carrying primarily
Operating Expenses. Changes in Section IV were requested by HUD.
These were explained in detail by Mr. Taylor. Mr . Niccolls said
one of Mr. Taylor ' s objectives is to make certain the town ' s fi-
nance statements reflect accurately a strong and level consistent
financial status - these changes will help. Mayor Sevila assumed
then that these are just requirements of HUD - they have no bearing
on the General Fund. Mr. Niccolls said South Harrison Street has
always been in the Project Fund. Mr. Taylor said they don ' t in-
crease the spending authority any more than what it was before.
The resolution was unanimously adopted :
Aye: Councilmembers Coffey, Hill , Tolbert, Willis and
Mayor Sevila.
Nay : None.
00 83-36 - RESOLUTION - MAKING A SUPPLEMENTAL APPROPRIATION FOR THE
FISCAL YEAR ENDING JUNE 30, 1983 .
CD motion of Mrs. Hill , seconded by Mr . Tolbert, the following
OD resolution was proposed :
Q RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
An appropriation is made to the General Fund Account No.
4301. 300 , Contractual Services , in the amount of $1 , 000. 00
for the fiscal year ending June 30, 1983 .
Mrs. Hill said most of this will be for fertilization by Chemlawn.
Mayor Sevila asked where Chemlawn is required? Mr . Niccolls ex-
plained that we use a contract with Chemlawn to control weeds and
fertilize the green spaces and lawns the town owns - it is an ef-
fective and economic way of doing that work. The account to which
that activity is charged was depleted when we painted the interior
of the Town Office - it had not been done for six years. The reso-
lution was unanimously adopted :
Aye : Councilmembers Coffey, Hill , Tolbert, Willis and
Mayor Sevila.
Nay : None.
RESOLUTION OF RESPECT
On motion of Mr. Willis, seconded by Mr. Coffey, the following
Resolution of Respect was proposed and unanimously adopted :
WHEREAS, Samuel Niccolls, father of Town Manager John Niccolls,
died in Kirkwood, Missouri on Wednesday, February 15 , 1983 ;
THEREFORE, RESOLVED that the Mayor and members of the Council
of the Town of Leesburg do extend to Mr . Niccolls and his
family their deepest sympathy; and
FURTHER RESOLVED that this Resolution of Respect be spread
upon the minutes of this meeting and that copies be sent to
Mr. Niccolls and his mother.
Aye : Councilmembers Coffey, Hill , Tolbert, Willis and
Mayor Sevila.
Nay : None .
A proposed resolution concerning the Old Dominion Eye Bank
was referred to both committees for action at the next regular meet-
ing .
MINUTES OF FEBRUARY 23, 1983 MEETING .
184
Mrs . Hill said she has not seen a copy of the annexation bill,
nor of the proffer legislation. Mr. Niccolls said the original
bill . •added.L all towns in the County to the current legislation -
it was amended to specifically refer to Leesburg, so we will be
the only town that will have this authority. We will get a copy
of the amended bill . Mayor Sevila asked Mr. Niccolls to give
a brief explanation of what seems to be the haggle between the
House and the Senate in the language that has been adopted in the
House and that will be the subject of a joint conference discus-
sion. Mr. Niccolls explained that Delegate Cranwell of the House
inserted language that he claims gave the Court a mandate to approve
only those amendments between governing bodies that did not vio-
late the true interest of the Commonwealth - he added some lan-
guage that gave direction to the Court in reviewing these agree-
ments. When it went back to the Senate, Senator Mitchell ' (who
apparently doesn ' t like Delegate Cranwell) objected to that lan-
guage. Delegate Rollins is firmly convinced that the matter can
be easily ironed out and that he has been working very hard on it.
Mayor Sevila understood that it comes down to a question of the
limit of the Court ' s authority to reject annexation agreements be-
tween municipalities and counties, or whether it has to accept them
as written. He asked if Delegate Cranwell had some connection with
the Spotsylvania situation? Mr. Minor said he represented Spotsyl-
vania County. Mr . Niccolls said the Local Government Commission
made a negative recommendation on the 25-year moratorium on annexa-
tions in that agreement. He knows of no Court action in this matter.
His original position was that municipalities didn ' t need this au-
thority from the General Assembly - that they had an inherent power
to enter into these kinds of agreements. We are fortunate to have
his support at all . Mayor Sevila said we are down to several days
and counting now, so it is pretty tense, but everyone is still
optimistic . He told Mr. Rollins that he and Mr. Bos, and probably
other councilmembers , are available to get down there on a moment' s
notice if our presence at these joint sessions would be helpful .
He didn ' t feel our presence in Richmond would make any difference
one way or the other . He assured him he would be keeping the staff
at the town office very much informed.
On motion of Mr. Tolbert, seconded by Mrs . Hill , the meeting
was adjourned at 9 : 00 p.m.
Mayor
Clerk of tie Council u