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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