HomeMy Public PortalAbout1988_10_25107,
MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL,
OCTOBER 25, 1988
A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10
Loudoun Street, SW, Leesburg, Virginia on October 25, 1988, at 7:30 p.m. The meeting was called to
order by Mayor Robert E. Sevila with the invocation led by Mr. Tolbert, and the Salute to the Flag led
by Mrs. Christine Forester. Present were Mayor Robert E. Sevila, Councilmembers James E. Clem,
Mrs. Christine M. Forester, Mr. Donald A. Kimball, Mr. Claxton E. Lovin, Mr. William P. Mulokey and
Mr. John W. Tolbert, Jr. Staff members present were Town Manager Jeffrey H. Minor, Director of
Engineering and Public Works Thomas A. Mason, Director of Finance Paul York, Assistant Director of
Planning, Zoning and Development Jay A. Hicks, Planner Sally Vecchio, Planner Peter Stephenson and
Town Attorney George Martin. Planning Commissioners present were Marvin Belles, Carl R. Johnson,
Ann Darling, Mervin Jackson and William W. Webb.
On a motion by Mr. Clem, seconded by Mr. Tolbert it was recommended that the minutes of
the August 9, 1988 and September 27, 1988 regular Council meeting be approved as submitted.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay. None.
Petitioners
Mayor Sevila called for petitioners to come forward. There were none.
Mayor Sevila then spoke of the scheduled item - Proclamation of Physical Therapy Week.
Mayor Sevila had the opportunity to appear at Loudoun Memorial Hospital for the hospital's kick off
campaign for the American Physical Therapy Week. He was asked to sign a proclamation. The
proclamation reads as follows:
PROCLAMATION
WHEREAS, the American Physical Therapy Association is observing the National Physical
Therapy Week entitled Physical Therapy Sharing the Challenge. An observation of this week is calling
special attention to the contribution of physical therapy toward improving the quality of life for disabled,
ill and able bodied Americans of all ages; and
WHEREAS, the goals of the Rehab Services Department of Loudoun Hospital Center are to
achieve better lives for our disabled citizens and to promote preventative measures to keep health
citizens whole through improvement of education, practice and research; and
WHEREAS, the Loudoun Hospital Center plays an integral role in continued efforts to assist
disabled citizens and holds steadfastly to its commitment to secure better health for all of our citizens:
THEREFORE, I Robert E. Sevila, Mayor of the Town of Leesburg in Virginia do hereby
proclaim the dates of October 23 through October 29, 1988 as Physical Therapy Week in Leesburg,
Virginia and urge all public officials and private citizens to join with the physical therapy profession
to secure better care for all its citizens.
In witness whereof, I have hereunto set my hand and caused the seal of the Town of Leesburg
to be affixed this 25th day of October 1988.
Mr. Minor addressed the Council presenting a staff report. He stated that the legislation which
is the subject of the public hearing was prepared by the town's Bond Counsel in Richmond and
basically amends the prior ordinance that established the Council's decision to borrow over 2 issues a
total of $10 million to be dedicated to a number of projects. Among those are: Ida Lee Park, which
includes an indoor pool and gymnasium; Municipal Government Center, which includes a parking
structure; the new Public Works Facility and the Phase VI Storm Drainage Project.
Mr. Minor stated that when the issue of the purchase and restoration of Dodona Manor came
up, amendment to the bond ordinance became the obvious choice for financing. If the Council elects,
legislation shall be amended to include the purchase of Dodona Manor. He explained two other sources
of funds for the financing; the first being a real estate rate increase of 1 cent, a 1 cent tax increase
would generate approximately $100,000.00, which would retire the debt service of the $1 million over
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a 20 year period. The second alternative is the Board of Supervisors' decision to add a 4 percent meals
tax Mr. Minor went on to say that Leesburg has had a 2 percent meals tax in place for over a year
and it has been a very successful tax It has collected well over a half million dollars for the Town of
Leesburg. Mr. Minor stated that if the Board of Supervisors enact this meals tax, it will not take effect
in Leesburg until the Council in Leesburg votes for it.
Mayor Sevila asked Mr. Minor to explain briefly the actual resolution which pledges the funds..
Mr. Minor noted the legislation which pledges $1 million to Dodona Manor states that the purchase
price for Dodona Manor is $3,891,203.00 which includes land and improvements (building). The
owners will donate the improvements to the town, which have an appraised value of $482,000.00.
The purchase price, rounded down, Mr. Minor said would be $3,409,00.00. He said the Council would
pledge $1 million and will work and encourage a fund raising committee to try and raise the balance
required for Dodona Manor. Once the balance is achieved, and the bond proceeds together with the
raised money and some utility funds, Council will then appropriate the transfer of the money to go to
settlement and acquire Dodona Manor. Mr. Minor stated that $409,000.00 of Utility Funds would be
advanced by Council to add to the $1 million. This money would be repaid to the Utility Fund after
the purchase of Dodona Manor.
Mayor Sevila stated that in February 1988 the town learned of the sale of Dodona Manor. In
early April, the town appointed an adhoc committee to study the prospect of the purchase of Dodona
Manor and to investigate the availability of funds from all sources, State, Federal, public and private
contributions, etc. Mayor Sevila then asked Mr. B. Powell Harrison, Chairman of the committee to
give the committee's report on its recommendation to the Council
Mr. Harrison addressed the Council by reading a letter of February 15, 1988 addressed to the
Mayor and Council of Leesburg from the George C. Marshall Foundation. The letter reads as follows:
Gentlemen
The Dodona Manor between Edwards Ferry Road and Market Street in Leesburg was the only place
in the United States that General and Mrs. Marshall considered their home. It assumed a special place
in their lives ever since its purchase in 1941 as did the city in which it is located. Consequently
Dodona Manor is historically associated with this great citizen statesman of our century as are homes
of other leaders of our country such as Mt. Vernon with Washington, Monticello with Jefferson and
Hermitage with Jackson and Stratford Hall with Robert E. Lee. The Marshall Foundation believes and
hopes that the city of Leesburg agrees that the future of Dodona Manor is important both in honoring
General Marshall personally and in playing a part in recognizing his service to our Nation.
The foundation understands that the present owner Mrs. Molly Winn, the step -daughter of General
Marshall, may be required for reasons of health to consider disposing of the property in the near
future. We strongly believe that its purchase to make way for commercial development would be an
immeasurable loss, both to the nation as a whole and to the city of Leesburg in particular. By contrast
we believe that its preservation, restoration and development as a continuing memorial to General
Marshall will be of long term importance to the reputation of General Marshall as one of the century's
great leaders and, more specifically, to the advantage of Leesburg as a tourist attraction, a center for
conferences and an adornment to the historic center of the city.
The possible sale of Dodona Manor thus presents a major opportunity to you, the leaders of Leesburg,
to assure for the city the continued existence of this historic home. The Marshall Foundation strongly
urges that the city consider purchasing this property. For its part the foundation would be prepared
to assist the city in plans to preserve the property and adapt it to uses which would honor General
Marshall and commemorate his residence in Leesburg. Trustees of the foundation will be most happy
to discuss this possibility with you and to lend you all possible support on behalf of the proposal.
Our confidence that such action will both benefit you and the nation leads us to express the strongest
hope that the City of Leesburg can cease the Opportunity 'presented by the impending sale of this
property and our understanding of the current situation adds urgency to consideration of this action.
Mr. Harrison then introduced all members of the committee. Mr. Charles Bos, Mayor Sevila,
Mrs. Boyd, Joe Keating, Eric Jackson, Nester Sanchez.
Mr. Harrison introduced Mr. Royster Lyle, with the Marshall Foundation in Lexington, to
comment on the life of Dodona Manor as it was in existence when General Marshall was living there.
Mr. Lyle showed'a few slides of the archives from the Marshall Foundation in Lexington, having to
do with General Marshall's stay at Dodona Manor from 1941 until his death at Dodona Manor. Mr.
Lyle stated that the Town of Leesburg was very fortunate to have General Marshall's home in
Leesburg.
Mr. Harrison spoke on the importance of the historic preservation of Dodona Manor and
introduced Calder Loth, Deputy Director of the Virginia Division of Historic Landmarks. Mr. Loth
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Minutes of the October 25, 1988 regular Town Council meeting - page 3
congratulated the Town of Leesburg in the exciting challenge of securing the preservation of Dodona
Manor. He stated that Dodona Manor is not a landmark and has no official status at this point but
feels this issue should be addressed. He stated the process of having this property listed on the
Virginia Landmarks Register should begin immediately. More importantly, this property has national
significance and he is working with the National Parks Service to have Dodona Manor declared a
national historic landmark, the highest category a historic property can be placed in, in America. Mr.
Loth has already contacted officials with the National Park Service and they feel this is something
worth pursuing. There is no question of General Marshall's importance on American and World
history, this is the property associated with the years that General Marshall had an effect on history,
' and it is the property that really stands for General Marshal This will place Dodona Manor in exactly
the same category of national significance as Mt. Vernon, Monticello, etc. Mr. Loth added that as far
as preserving a home like the Dodona Manor, all of General Marshall's furnishings are still there, the
memorabilia, the plants that General Marshall planted are still here.
Mr. Loth noted the economic benefits, the tourist potential is very important to Leesburg, many
people will visit Leesburg to see the home of General Marshall. He closed by stating the Virginia
Division of Historic Landmarks is behind the Town of Leesburg in this effort and will give the town
all the support they can.
Mr. Harrison then showed a film of General Marshall -
Mayor Sevila read a letter dated October 25, 1988 from the Colonial Williamsburg Foundation
Office of the President. The letter reads as follows:
Dear Mayor Sevila:
At the invitation of Powell Harrison, I am writing to you with a few thoughts about the possible
purchase by the Town of Leesburg of Dodona Manor, the historic home of General George C. Marshall
It would be my pleasure and preference to appear in person to express my thoughts and I would have
made the trip gladly from Williamsburg, given the importance of the occasion and the subject but I have
a long standing commitment in Boston this evening and I must be there instead of in Leesburg.
' One of the reasons I respond readily to Powell Harrison's request is my profound respect for his good
judgement, his record of accomplishment in historic preservation, his obvious love for Leesburg and
Loudoun County and his tireless efforts in behalf of the values that have contributed so centrally to
making your town and the County beautiful and prosperous. When Powell Harrison undertakes a
project you can count on successful outcome.
From my knowledge of Dodona Manor, my conversation with Powell, and from my experience in
historic preservation and tourism, I offer the following thoughts.
I need say nothing to persuade you or the people of Leesburg of the significance of your town's history
or of the general proposition that preservation of the significant elements of our past are vitally
important to our sense of ourselves as a people. Whether in the context of the history of family, home,
church, city, county or nation, that history is important to all of us is amply demonstrated by the
rapid growth in the number of historic sites, museums, parks and homes in this country and the
growing number of persons who visit and learn as a result. The number of museums in the world is
growing at the rate of 2 percent per year or 10 percent every five years, an astounding statistic. Nor
do I need to persuade you of the significance of George C. Marshall and his career of public service.
His plan for european recovery stands as a major expression of american generosity, diplomacy and
economic strategy and is one of the most significant events in our history to be so clearly identified
with one man.
All of -us in Virginia, where so much occurred that was pivotally important in the development of our
nation and the spawning of its early leadership, have a stake in history, preservation and tourism.
Those of us who dwell so pivotally in the eighteenth century would see an opportunity to represent the
role of a prominent resident Virginian in the twentieth century as a welcome and significant
' opportunity, especially the house is from the early eighteen hundreds and associated with George
Washington. Further, tourism pays. Several years ago we persuaded the city of Williamsburg to help
support television advertising for Colonial Williamsburg. A recent study by economists at the college
of William and Mary reveal that for every dollar that the city invests in advertising, $46 are spent in
the City of Williamsburg by visitors coming to Colonial Williamsburg.
There are few investments, legal or illegal that produce such a fine return. I have always been
interested in the pride with which our Williamsburg neighbors refer to the historic significance of
their city in the presence of Colonial Williamsburg. Complain as they do at times about the
restrictions on our streets or the occasional parking problem, they are intensely aware that they
associate with something bigger than themselves and of lasting value.
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Minutes of the October 25, 1988 regular Town Council meeting - page 4
I know there is already much to be proud of in your town. I have seen that myself on occasional
visits with my family when we bicycle through Loudoun County spending an occasional night at the
Laurel Brigade Inn. I submit, however, that a substantial commitment of the town's monies and the
completion of the opening of the Dodona Manor to the interested public will make a new and yet
greater sense that Leesburg is an important and good place to live, a place where people care about
the past as well as the future and have the wisdom to recognize that preservation and property make
good bed fellows.
In the long view of things, I believe that the funds now being asked of the town for assistance in the
large undertaking you are considering will seem small compared to the achievement of preserving a part
of the world's history in which Leesburg was such an important and contributing setting.
To not have preserved the home of General George C. Marshall would seem an irretrievable loss to our
understanding of a momentous part of American history and, I suggest, to the pride and well being of
the Town of Leesburg. With all good wishes and high hopes for the outcome of your deliberations.
Sincerely yours,
Charles R. Wordsworth
Mr. Harrison stated that the total amount of the property is $3,891,000.00 -the town will pay
$1,900,000.00, the Commonwealth of Virginia is confident the Town could get $1 million, and the
committee will undertake raising the balance of $509,000.00. He commented on the condition of the
house and what the cost to restore the house to a reasonable condition would be. Mr. Nathaniel Neblit,
an architect previously with the National Trust of Historic Preservation, was recommended to give a
cost estimate. Mr. Neblit's estimate is approximately $325,000.00 to restore the home into reasonable
condition. Mr. Neblit suggested an 80 car parking lot, complete new air conditioninglheating units, etc.,
making the total cost approximately $700,000.00.
Mr. Harrison commented on the operation of the home once purchased by the Town of
Leesburg. One suggestion is the Marshall Fund in Lexington, and the second is the National Trust
for Historic Preservation. The cost for this is approximately $200,000.00 per year. He stated that the
Committee feels they have developed a very workable arrangement to purchase this property to put
Leesburg on the map for several generations to come.
the job. Mayor Sevila thanked everyone for the ambitious undertaking, hard work and enthusiasm for ,
Ms. Evelyn Johnson of Bluemont, Virginia, representing the Preservation Society of Loudoun
County, addressed the Council. She stated that members of the society long believed that building up
the tourism industry in Loudoun is the way "to have the cake of Loudoun and be able to eat it too."
She further stated that "acquiring the Marshall Estate would literally put Leesburg on the international
map."
Ms. Johnson noted that the Preservation Society has already committed to pledging some funds
for the purchase of the property and that the town could count on the Preservation Society in helping
with fund raising. Ms. Johnson urged Council to adopt the ordinance.
Mr. Hubbard Turner, a resident of 1107 Bradfield Drive, S.W., Leesburg, addressed the Council
giving his support in preserving Dodona Manor.
Mr. John Feist, a resident of 416 South Bing Street in Leesburg and local businessman in
Leesburg wished to express his desire to support the purchase of Dodona Manor.
Mr. Mike Rich a resident of 313 Edwards Ferry Road in Leesburg, addressed the Council
stating his support of the preservation of Dodona Manor. Mr. Rich believed this is a great opportunity
and encouraged the town.
Mr. Bob East. of Waterford, Virginia, representing the owner of the adjacent property, the
Southern Exchange complex, as well as the contract owner of Market Station, Mr. Joe Ritenour, '
addressed the Council stating that these persons believe that the acquisition of Dodona Manor, properly
presented and administered, would significantly add to the already impressive inventory of reasons for
visiting the Leesburg area
Mr. Norman Myers a local businessman, addressed the Council stating his concerns as a tax.
payer, property owner and a business man. Mr. Myers does wish to see the Marshall Home restored,
preserved and used as a Marshall Memorial He suggested following the success of the International
Design Competition, as was done for the municipal government center/parking structure. He expressed
no problem with using a portion of the $10 million bond money being raised for other uses to help
assure the acquisition of the estate and does not have a problem with the raising of the tax rate by one
or two cents per year, but feels by purchasing the entire estate and to bear the tax burden of carrying
Minutes of the October 25, 1988 regular Town Council meeting - page 5
and maintaining the property for any length of time, may become a severe tax burden upon the town's
property owners. He stated that he would like to see the Council consider all of the ramifications and
hidden costs of the project before launching the town into another 4 to 6 million dollar capital
expenditure.
Mr. Terry Titus, a resident of 805 Wage Drive, Leesburg, addressed the Council stating that
he has, as a child, had the opportunity to meet General Marshall and to have played with General
Marshall's children. Mr. Titus applauds the efforts that the town needs to restore the property. Mr.
Titus agreed with Mr. Myers in that there are some questions that should be looked into. Mr. Titus
suggested placing the home on the National Register now, before purchasing it, to see what the value
of it would be. Mr. Titus asked the Council to explore all areas.
Mr. Ted Roach a resident of 314 Edwards Ferry Road, Leesburg addressed the Council Mr.
Roach and his family have lived at this residence for 30 years and hope:Ythat the Marshall estate will
be preserved.
Mr. Charles Bos, a resident of 211 North King Street, addressed the Council stating two issues.
The first is the general support of preserving the estate of General Marshall. The second issue is the
funding issue. Mr. Bos feels the key issue is the town taking a leadership role and supports the
legislation that has been presented.
Ms. Liz Whit ine a resident of 241 Edwards Ferry Road, addressed the Council stating from a
personal point of view, she would like to see this project happen, but also this is a matter of a much
broader consequence and perspective. Ms. Whiting spoke in support of the proposition as a woman
who as a young child lived in Germany for three years and the presence of General Marshall in
Germany post World War II was huge. Ms. Whiting felt that a proper memorial to General Marshall's
deed and spirit is extremely important and a tremendous opportunity for the Town to become part of
a much more significant global community.
Mr. William Rust, stated that people must work together to save one of the most important
historic properties. Mr. Rust explained that he lived at the Marshall estate for two summers during
the 1920'x. Mr. Rust agreed with Mr. Myers to have a plan to use all four acres of the estate.
' Mr. John Garrett a resident of 420 West Market, addressed the Council stating that he agreed
with Mr. Bos and that the Town has the opportunity to take the leadership role and preserve
something that a great American did. Mr. Garrett strongly endorsed the proposed legislation and
encouraged citizens to have faith in Mr. Harrison and the Committee to raise the necessary funds.
Mr. Ted Welti. a resident of 906 Marshall Drive is here tonight on behalf of his father Mr.
George Weld of 229 Edwards Ferry Road, the property immediately adjacent to Dodona Manor on the
east side. Mr. Welti has lived at this residence for 22 years. Mr. Welti supports the preservation of
Dodona Manor and the Town Council's efforts to pursue this goal.
Mrs. Carr. of Fort Evans Farm addressed the Council and spoke in support of the preservation
of Dodona Manor. Mrs. Carr's grandson, Lawrence Steif, then spoke in support of the preservation of
Dodona Manor.
Mr. Rick Steif a resident of Waterford Virginia spoke on the roots, continuity and vision for
the preservation of Dodona Manor.
Mrs. Cheryl Welsh, a resident of 18a North Street addressed the Council in opposition of
Dodona Manor possibly becoming an office park. Mrs. Welsh strongly supports the preservation of
Dodona Manor.
Mr. Leonard McDonald questioned the figures. on the survey which was published in the
Lamplighter. Mr. Minor stated as of September 1988 there were 121 responses, 7.5% support with
no tax increase, 17.5% support even with a tax increase, 27% suggest no use of town funds but should
include the Manor in the historic district and 48% support no town funds or inclusion in the historic
district. Mr. McDonald stated that there are a lot of citizens who are not able to attend the meeting
tonight. Mr. McDonald is not opposed to the preservation of Dodona Manor, however, he does have
a problem with the bond issue, passed by the previous Council, which was not put to a referendum,
where the voters could have had a decision on the bond issue. Mr. McDonald urged the Council to
move cautiously before approving the legislation.
Ms. Catherine Bovd representing the Loudoun Restoration and Preservation Society, gave
support to the preservation of the Marshall Fund.
Mayor Sevila at this point read a letter from retired Admiral James R. Dudley:
It reads as follows:
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Minutes of the October 25, 1988 regular Town Council meeting - page 6
To Robert E. Sevila, Mayor, Town of Leesburg
Dear Sir:
RE: Dodona Manor
Please use your influence to preserve the property in the public domain. Leesburg to my knowledge
has a unique attractiveness because of things like Dodona Manor as it passes from residential status
does avoid error such as Mr. Claude Moore made with his farm at Sterling.
Respectively,
Mr. James R. Dudley.
Councilmember Kimball then read a different letter written by Admiral Dudley.
As one of the long-term 34 years residents of Leesburg, I have seen many changes. One thing about
Leesburg is it's attractiveness due it's historical inheritance. Dodona, the courthouse, August Court
Days, Union Cemetery many such give Leesburg its uniqueness. Let us not lose Dodona Manor to
commercial ventures by stinginess. Please help keep Dodona Manor in the public domain
Respectively,
James R. Dudley
Councilmember Tolbert then read a different letter written by Admiral Dudley.
You are now aware of the attractiveness of Leesburg because of its historical treasures, Dodona Manor
is one of them. Lets insure that it stays in the public domain Our purchase if necessary. Let us
preserve our -inheritance from the commercial exploitation
Respectively,
James R. Dudley
Councilmember Mulokev then read a different letter written by Admiral Dudley.
First please accept my congratulations on your being appointed to the Council. I admire your
acceptance of responsibility. Leesburg is renowned as a good place to live is enhanced by many of its
historical heritage items. Dodona Manor is such. As it seizes to be a residential property please help
to keep it as one of those items. I hope it can become part of Leesburg's public domain Yes, we will
have to pay for it, but its value once lost cannot be regained.
Respectively,
James R. Dudley
Councilmember Christine Forester then read a different letter written by Mr. Dudley.
Although we are not well acquainted, I respect you and congratulate you in your position of trust.
Many of my friends and I are happy to be Leesburg's residents because of its many historical treasures.
I include Dodona Manor. I remember well when General Marshall lived there. As one of our inherited
treasures. Please do not allow that treasure to become a commercial venture. We know tax rates will
change as they have in the past.
Thank you.
Respectively,
James R. Dudley
Mayor Sevila then read a letter dated October 24, 1988 from Reverend Alfred B. Seccombe and
Elizabeth W. Seccombe.
It reads as follows:
We the undersigned are very concerned about the possible loss of Dodona Manor to commercial
development. As an old and historic house as well as the former home of General George C. Marshall,
we hope you will make every effort to preserve it as a memorial to General Marshall and also include
the property in the historic district of Leesburg. Further, we are in favor of using town funds from
the recent bond issue to assist in the purchase.
Sincerely,
Mr. and Mrs. Seccombe
Mayor Sevila then asked for any comments, discussion or proposed action on the subject.
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Minutes of the October 25, 1988 regular Town Council meeting - page 7
Mr. Mulokev considers the preservation of Dodona Manor to be a duty as citizens of Leesburg
have to the future generations. Mr. Mulokey also stated that we have the responsibility to the citizens
not to spend town funds on something that could be excessively risky.
Mr. Lavin expressed his appreciation to everyone at the public hearing and supports a lot of
the comments that were made at the hearing. Mr. Lavin stated that he is sensitive to the views made
by Mr. Titus, Mr. Myers and Mr. McDonald. Mr. Lovin supports the legislation for the preservation
of Dodona Manor.
Mrs. Forester stated that she has received several phone calls regarding this issue, one from
Mr. and Mrs. Cole who strongly oppose the issue and a letter from Mrs. Hawk who also strongly
opposes any use of tax payers funds, a phone call from Mr. and Mrs. Reinhardt of Edwards Ferry
Road who strongly support the preservation of Dodona Manor and Mr. and Mrs. Lininger of Edwards
Ferry Road who also support this issue. Mrs. Forester stated that she has been the most negative
member of the Council in terms of discussions of the preservation of Dodona Manor. Mrs. Forester
stated that she has thrown several obstacles at Mr. Harrison and has now been convinced that this is
a worthy cause. Mrs. Forester moved that the Council go ahead with the legislation.
On motion by Mrs. Forester seconded by Mr. Tolbert the following ordinance was proposed.
WHEREAS, the Town Council ("Council') of the Town of Leesburg in Virginia ( Town") adopted
Ordinance Number 87-0-27 ("Bond Ordinance') on October 14, 1987 authorizing the issuance of not to
exceed ten million dollars general obligation bonds of the town to finance the acquisition, construction,
equipping and improvement of various public improvements including a municipal government center
and parking complex, an aquatic center and gymnasium a public works complex and the Phase VI
storm drainage project; and
WHEREAS, the town issued its $5 million dollar general obligation public improvement bond
Series 1987 ("Series 1987 Bonds) pursuant to the bond ordinance; and
WHEREAS, the town issued its $5 million dollar general obligation public improvements bond
Series 1988 pursuant to the bond ordinance in resolution number 88-93 adopted May 11, 1988 ('Bond
Resolution"); and
WHEREAS, the Town Council has determined that it is desireable to finance the acquisition
of certain real estate and improvements thereon known as Dodona Manor to be used as an historic site
and museum.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The bond ordinance and the bond resolution are hereby amended to authorize the
use of proceeds of the Series 1987 bond and the Series 1988 bond as follows:
Purchase of Dodona Manor
Municipal Government Center/Parking Complex
Aquatic center/gymnasium
Public Works Complex
Phase VI Storm Drainage Project
1,000,000.00
3,397,000.00
4,039,000.00
1,000,000.00
564.000.00
Any amount not necessary for a particular project may
$10,000,000.00
be allocated to other projects listed above.
SECTION II. The appropriate officers and agents of the town are authorized and directed to
take such further action as they deem necessary to implement the amendment setforth in this ordinance
and all such actions previously taken are hereby ratified and confirmed
SECTION M. Except as amended by this ordinance the bond ordinance, the bond resolution
shall remain in full force and effect.
SECTION IV. This ordinance shall take effect immediately.
Mayor Sevila stated that he was extremely grateful and overwhelmed by the outpouring of
support by the citizens of the town for this project. He stated that it was the town's desire to hear
from the citizens of'the project and its worthiness. Mayor Sevila stated that it is more than apparent
that the citizens do support the project. Mayor Sevila stated that many of the things that Mr. Myers
stated have been considered by the town, but the Council has decided as a fust step that the most
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Minutes of the October 25, 1988 regular Town Council meeting - page 8
preferable way to approach this is to keep it, in its pristine 3.8 acre condition.
Aye: Councilmembers Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila.
Nay: Mr. Clem stated that he was in favor of the preservation but not in favor of the bond resolution
change.
88- 198 RESOLUTION - PLEDGING MUNICIPAL FUNDS TO ASSIST WITH THE PURCHASE OF
DODONA MANOR
On motion by Mr. Tolbert seconded by Mr. Mulokey the following resolution was proposed,-
WHEREAS,
roposed:WHEREAS, the former home of General George C. Marshall hereinafter referred to as Dodona
Manor represents one of the town's premier historic architectural and environmental resources; and
WHEREAS, Dodona Manor through its preservation will form a sensitive linkage between the
residential character of Edwards Ferry Road and commercial uses of downtown Leesburg enhancing the
gateway to Leesburg's historic district; and
WHEREAS, significant development interest has surfaced in the purchase and commercial
development of Dodona Manor which would severely diminish the public value of this resource and
preclude any future potential preservation and public use of Dodona Manor; and
WHEREAS, in April of 1988 pre -aided the Adhoc Dodona Manor Preservation Committee and
that Committee working with the George C. Marshall Foundation has recommended the town purchase
Dodona Manor with funds derived from the town government, private sources and future grants from
the National Endowment for the Arts and the Virginia Historic Landmarks Commission; and
WHEREAS, this Council has fostered public debt debate concerning the town's role in the
purchase, preservation and use of Dodona Manor through a series of news releases, the Lamplighter
and a public hearing; and
WHEREAS, Ordinance NUmber 88-035 adopted October 25, 1988 authorizes the use of up to
$1 million in previously issued general obligation bond funds to purchase Dodona Manor; and
WHEREAS, the land and improvements were appraised at $3,891,203.00 by David C. LeRoy-,
:..
WHEREAS, the present owners desire to donate the appraised value of the improvements
setforth at $482,000.00 in the appraisal; and
WHEREAS, this reduces the net purchase price to $3,409,000.00; and
WHEREAS, this Council wishes to also make available $409;000.00 in Utility Funds towards
the purchase of this property, conditioned on the full repayment to i he Utility Fund from the future
proceeds of the Dodona Manor fund raising campaign
THEREFORE, RESOLVED by the Council of the Town of 1;eesburg in Virginia as follows:
SECTION I. The Town of Leesburg hereby agrees to make payment in the amount of $1
million from its previously issued general obligation bond funds puisuant to Ordinance Number 88-
035 as well as $409,000.00 from its Utility Fund toward the purchase of Dodona Manor under fee
simple ownership of the Town of Leesburg subject to the following conditions:
EL The conveyance of these funds to the present owners lof Dodona Manor
and settlement thereon shall occur at the time the balance of the
purchase price is collected and made available to the Town of Leesburg.
b. All funds received through this committee or other fund raising
mechanisms authorized to benefit Dodona Manor in excess of the
balance needed to meet the purchase price shall be paid forthwith to
the Town of Leesburg to reimburse the Utility Fund in the principal
amount of $409,000.00.
C. The ad hoc fund raising committee shall submit a monthly narrative
report and accounting of budgets to the town manager's office.
SECTION 11. This financial commitment shall be reevaluated six months from the passage of
this resolution or sooner if changed conditions warrant.
1
1
1
MINUTES OF OCTOBER 25, 1988 REGULAR TOWN COUNCIL MEETING - page 9
Mr. Clem stated that he has been inundated with phone calls, some very posi-
tive but largely in the negative arena, from senior citizens that are concerned
about their taxes. Mr. Clem stated that the endowment has concerned a lot of people
including himself. The Council has not discussed the use of the estate once re-
stored and finds it hard to support the preservation of Dodona Manor when there
are homes on Loudoun Street that are in need of improvements. Mr. Clem mentioned
several areas in the town which are in need of improvements. Everyone wishes to
preserve the home, but/Pshould find another alternative to using tax dollars.
Mr. Lovin added to Mr. Clem's concern regarding the endowment funds. He
understood that these funds will be solicited from the private sector.
Mayor Sevila stated that the town is using taxpayer's money, in his opinion,
to make a tremendous contribution to the historic and cultural qual}Ey of life
in our community that will be returned many times over, in both tangibles and
intangibles. Mayor Sevila supports wholeheartedly this legislation.
Aye: Councilmembers Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor
Sevila.
Nay: Councilmember Clem.
This concluded the public hearing on Dodona Manor.
PUBLIC HEARING ON 1986 LEESBURG TOWN PLAN UPDATE
Mr. Minor said the Town Plan before them incorporates the recommendations of
the Planning Commission and the changes made in the Transportation Plan. It makes
changes to some of the technical items and talks about some of the key policy
changes, some of the action items and gives an overview of the land use map and
the transportation map changes.
Ms. Vecchio said they have made changes and projections through 1990-95
and policy statements concerning land use and the transportation map. Demo-
graphic changes are reflected in projects through 1995 - most of this is in the
handout. In terms of policy changes, there are approximately eight changes
that vary- from environmentaltosafety and transportation, with transportation
' getting the most. Regarding the action programs, letters were modified, updated
and changed according to changes in the town over the last thirty years. Con-
cerning the land use policy maps - these are existing approved changes. On Po-
tomac.Crossing,they have highlighted the parcels that have been changed and
they have now included a school site. Park sites have been added to Exeter,
Paxton and Manors of Leesburg Subdivisions. The mixed use center for Stratford
has been moved and is now in the middle - a parcel has been designated for com-
munity use; also a clear zone for the airport. Office development has been
added and a medium density residential area has been redefined.Tavistock - the
residential density has been changed to three units per acre and a school site
has been added. An office site has been added to Fort Beauregard. Office and
residential development have been switched on Gateway and residential density
has been divided into three units per acre and a park and commercial use have
been added.
Mr. Mulokey questioned the population figure. Ms. Vecchio said it was con-
fusing and it has been changed on the first page to 15,942 by September 1988.
Peter Stephenson said that, on the existing Town Plan, Route 643 goes through
the Stowers property. At the same time, up to the By -Pass it reflects concep-
tually the proposed Toll Road Extension into Leesburg. The project goes through
the Stowers property, with collectors added. Route 654 through the southern part
of the town has been realigned and updated. The overpass has been at Sycolin
Road and the Bypass. Mr. Mulokey said he was told there was a plan to extend
Harrison Street and it would become an extension. This was part of the existing
policy and it is still proposed. Mr. Minor said this is essentially a large
square traffic pattern - the same is true with the Land Use Plan. Mr. Kimball
said the proposed update spoke about reconsidering and extending the parkway.
isn't there to be some provision for commuter parking? Mr. Stephenson said they
raised this question to the State Highway Department. Their suggestions were to
construct an interchange at the Exeter/Potomac Crossing, construct an interchange
or underpass at Edwards Ferry Road and construct an interchange at Sycolin Road.
Templar Titus felt strides have been made in the last nine months concerning
the Town Plan. It now directs itself in a positive manner toward traffic issues,
MINUTES OF OCTOBER 25, 1988 REGULAR COUNCIL MEETING - Page 10
densities, etc. that relate to most all those concerned. The traffic layout
has been improved by reducing intersections, connecting major thruways and
closing or altering other dangerous intersections. The town needs to inter-
connect designs between subdivisions and to include timely construction of
these roads. It. needs to direct sound commercial size and location designs,
effective buffering and noise abatement practices, especially where develop-
ment directly affects established communities. All densities within the town
limits are too high. What would be the outcome of reducing the total density
package by about 25 percent? We must face the fact that we live in a high
cost area. This may be the point where the Town's leaders and planners must
decide if low-cost housing within the town limits is a possibility or a fan-
tasy. Let's at least encourage developers to hold densities on the down side.
Peter Kalaris, on behalf of Washington -Virginia Traditional Development
Sites, Inc. (Leesburg South - ZM-99), restated his position that either Align-
ment A or C, as shown in Figure 5 .'-'Alignment Options" of the "Town of Leesburg
Route 654 Alignment Study" is acceptable. The Preliminary Development Plan/
Rezoning Plan filed by Leesburg South on December 29, 1987, revised April 21, 1988,
was endorsed by the Council and the Planning Commission last spring. During
the rezoning process, the owner/applicant has presented proffers offering to
donate approximately 11 acres of land for alignment "C", approximately 2.3
acres for widening Route 15 and approximately 3.0 acres for widening Route
621 and improvements to the interchange at the By -Pass. This also includes
a. 60 -foot right-of-way for a two-lane "collector road" around Leesburg South.
In addition, applicant has also offered $1.642 million dollars toward the con-
struction of Battlefield Parkway and the widening of Route 15. The proposed
alignment under consideration by Council is unacceptable to the applicant be-
cause it would severely impact upon the project's financial feasibility.
Therefore, the owners see no alternative but to oppose the condemnation with
all available legal means and will expect full compensation for any land taken.
Regarding the Land Use Map, the owners restate their position that this appli-
cation was approved by the Planning Commission on May 19, 1988 and they antici-
pate and expect that the Leesburg South plan, especially its mixed use center,
will in the interest of fairness and proper zoning practice, continue to be
evaluated under the current 1986 Comprehensive Plan.
Hubbard Turner said he has followed this for a year and a half and thinks '
the Planning Commission has done a tremendous job in coming up with this new
arrangement. The other alignment would be completely _unacceptable with the
transition with other communities. Leesburg South will be a collector parcel
and the Town Plan will have to reflect.that. Leesburg South may be withholding
their development. The town will have to take steps to insure the orderly phas-
ing of the fence.Leesburg doesn't have that many roads to take the place of all of
these other roads. Some of that money will have to be spent to finish connect-
ing roads. The plan should address this issue as to how all of these pieces
are going to be put together. You could wind up with all of these developments,
but nothing to take care of the traffic right now. It's not easy to get to
Reston any more. He thought the Plan has to do something to address the phasing
of all of these developments. The connection of Chancellor to Dry Mill Road is
a true flood plain. Mr. Minor wrote a letter saying it was extremely expen-
sive to do that. There's not much left in that area to be developed. Chan-
cellor is too narrow. He said the Town Plan addresses downtown parking.
On motion of Mr. Clem, seconded by Mr. Kimball, Council voted unanimously
to send this matter of the Town Plan Update back to both committees:
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert
and Mayor Sevila.
Nay: None.
JOINT PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE,
SECTION 1B -5(c)(5) MINIMUM YARD REQUIREMENTS REGARDING DECKS AND PATIOS.
A joint public hearing was held to consider an amendment to the Leesburg
Zoning Ordinance, Section 1B -5(c)(5) Minimum Yard Requirements regarding decks
and patios.
Mr. Minor explained that there is legislation on the Agenda for approval
reflecting the desires and approval by the Council and the Planning Commission.
Mayor Sevila said this extends within 20 feet of the property line. Mr. Kim-
ball explained that he and his wife own one of these townhouses, therefore, he
will not vote on this matter.
There were no further comments and the public hearing was closed.
1
MINUTES OF OCTOBER 25, 1988 REGULAR TOWN COUNCIL MEETING - Page 11
JOINT PUBLIC HEARING ON LAND DEVELOPMENT FEES
Mr. Minor explained they are proposing amendments to both ordinances
to increase land development fees in Leesburg. The last amendment was in
1984. With the increase of development and length of time spent in the re-
view process to meet the demands of Council and the public, these fees are
noted. We are spending well over $400,000 in land development review. They
believe these fees should be increased significantly. They looked at what these
services cost in engineering review and planning staff time, then balanced simi-
lar services. We are trying to look at a generic 50 -plat lot. It will probably
be two to two and a half years - we would collect about $20,000. When this goes
to committee, we will take some of the typical applications we have received in
the last six months. We have struggled from the beginning on Dodona Manor as to
where the additional money is going to come from. Our taxes increase inevitably.
If the town is aware of its fee schedule for things like land development appli-
cations, where there is a tremendous increase, the Town should not be subsidizing
the application business. If we adopt a fee schedule, we can bring in the appro-
priate amounts for out work.
Mrs. Janet Frey,. of 1110 Rollins Place, N.W., said the Board of Zoning Ap-
peals application had been $100 - if you left it at that, she didn't believe
there would be that many people to appeal. She felt this fee should be left at
$100.
Mr. Hubbard Turner thought as Mrs. Frey -,-did - the citizens have a right to
a reasonable appeal to the Board of Zoning Appeals. With all the development
that is going on, in a few years you will be paying $250 up front and, if you
appeal, he gets the money back if he wins. He proposes that the $100 fee is
enough.
The public hearing was closed.
COUNCILMEMBER COMMENTS:
Councilmember Lovin commented on the reception for the German exchange
students. He also called attention to the 22nd annual Halloween Parade to
be held next Monday night. This is the longest continuing Halloween Parade
on the east coast.
Mi. Mulokey commented that the cable company representatives have gone home.
_Mrs. Forester thanked Mr. Minor for the prompt reply at last week's listen-
ing session.
Mayor Sevilacalled attention to the fact that the Dedication of the Jet
Center will be held today. Also-,: he thanked staff for the German student re-
ception today.
IIf�iNiYIIVYULI
88-0-36 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE
AND PATIOS IN REAR YARDS
On motion of Councilmember Forester, seconded by Councilmember Clem, the
following ordinance was proposed and adopted by a vote of 6 to 1 abstention:
WHEREAS, the R-3 Residential Zoning District requires a 30 -foot rear yard,
as opposed to a 20 -foot rear yard required for other town single-family
residential districts; and
WHEREAS, second story decks are prohibited from encroaching into rear
yards; and
WHEREAS, revising the General Regulations requirements for decks more
than three feet above grade to permit limited encroachment is in the
best interest of the public health, safety, welfare and convenience
and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
MINUTES OF OCTOBER 25, 1988 REGULAR TOWN COUNCIL MEETING - Page 12
SECTION I. Section 1B -5(c) Minimum Yard Requirements of the Leesburg
Zoning Ordinance is amended as follows:
5. Decks and Patios. Uncovered decks and patios, which are attached
to the principal structure and are not more than three (3) feet
above grade on the lot may extend into a required side or rear
yard to within five (5) feet of the property line for a single-
family detached residences and three (3) feet of the side or rear
property line for all other residential uses. Uncovered decks,
which are attached to the principal structure and are more
than three (3) feet above grade on the lot may extend into a re-
quired rear yard to within twenty (20) feet of the property line,
however, side yard requirements shall apply.
SECTION II. All prior ordinances in conflict herewith are hereby repealed
SECTION III. Severability. If any provision of this ordinance is de-
clared invalid by court of competent jurisdiction, the decision shall
not affect the validity of the section as a whole or of any remaining
provisions of the article.
SECTION IV. This ordinance shall be in effect upon its passage.
Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and
Mayor Sevila.
Nay: None.
Abstain: Councilmember Kimball.
On motion of Mr. Clem, seconded by Mrs. Forester, the following resolutions
were unanimously adopted as consent items:
88-199 - RESOLUTION - AUTHORIZING TOWN ATTORNEYS TO FILE A PETITION FOR CONDEMNA-
TION TO ACQUIRE AN AVIGATION EASEMENT FOR THE SOUTH RUNWAY
EXTENSION AT THE LEESBURG MUNICIPAL AIRPORT.
WHEREAS, the Town of Leesburg has determined that certain avigation
easements are required for the efficient operation of the Leesburg
Municipal Airport; and
WHEREAS, one of the easements affects the land standing in the name of
Mark Eaton, Trustee, but the title examination raises serious questions
of ownership and whether Mark Eaton, Trustee, has good title thereto; and
WHEREAS, since there is no one who can convey clear title to the easement,
a bona fide offer would be fruitless.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia,
as follows:
The Council hereby declares that an essential public convenience and ne-
cessity exists requiring entry upon the property prior to the determina-
tion and deposit of the amount of just compensation, and does hereby au-
thorize the town attorney to file the requisite petition for condemnation
and early entry, on behalf of the Town of Leesburg and does authorize the
Director of Finance to issue a check in the sum of $24,000, payable to the
Clerk of the Circuit Court in accordance with Section 25-46.8 of the 1950
Code of Virginia, as amended.
88-200 - RESOLUTION - AUTHORIZING AN OFFER TO THE MOOSE LODGE #1041 FOR FEE
SIMPLE PURCHASE OF 5.9092 ACRES NEEDED FOR THE SOUTH
RUNWAY EXTENSION AT THE LEESBURG MUNICIPAL AIRPORT AN
AUTHORIZING CONDEMNATION PROCEEDINGS
WHEREAS, the town's Capital Improvements Program and the adopted Airport
Master Plan call for a runway extension to a total length of 5300 feet
to attract corporate aircraft; and
WHEREAS, the 1000 foot extension to the north has been completed; and
WHEREAS, the FAA requires purchase of land necessary for the extended
clear zone prior to construction of the southern 1000 foot extension;
and
WHEREAS, 22 of the 39 acres needed have already been purchased; and
1
119
MINUTES OF OCTOBER 25, 1988 REGULAR TOWN COUNCIL MEETING - Page 13
WHEREAS, the FAA has authorized the process used to establish the
value of the remaining property south of the airport; and
WHEREAS, the FAA recommends fee simple acquisition of the entire
parcel of land owned by the Moose Lodge #1041; and
WHEREAS, the FAA and the Commonwealth of Virginia will fund 95% of
the land acquisition costs:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
' SECTION I. The Moose Lodge ;1041 is hereby offered the sum of $540,000
for the purchase of fee simple title to the 5.9092 acres, more or less
shown on the attached plat of Ross, France and Ratcliff, Ltd., dated
August 20, 1987, on condition that title to the land affected is free
and clear of all defects, liens or encumbrances. The property will be
conveyed according to the plat and description described above by good
and proper deed, a copy thereof is attached with the usual warranties
of title within thirty (30) days after written acceptance of this offer,
with a right of entry commencing at the time of acceptance.
SECTION II. In the event this offer is not accepted in writing within
thirty (30) days from receipt, the Council hereby declares that an es-
sential public convenience and necessity exists requiring entry upon
the property prior to the determination and deposit of the amount of
just compensation, and does hereby authorize the town attorney to file
the requisite petition for condemnation and early entry, on behalf of
the Town of Leesburg and does authorize the Director of Finance to is-
sue a check in the sum of $540,000, payable to the Clerk of the Circuit
Court in accordance with Section 25-46.8 of the 1950 Code of Virginia,
as amended.
88-201 - RESOLUTION - AUTHORIZING AN OFFER TO JAMES AND BERNICE MURRAY FOR THE
FEE SIMPLE PURCHASE OF 2.3033 ACRES NEEDED FOR THE SOUTH
RUNWAY EXTENSION AT THE LEESBURG MUNICIPAL AIRPORT AND
' AUTHORIZING CONDEMNATION PROCEEDINGS.
WHEPWAS, the town's Capital Improvements Program and the adopted Airport
Master Plan call for a runway extension to a total length of 5500 feet
to attract corporate aircraft; and
WHEREAS, the 1000 foot extension to the north has been completed; and
WHEPwAS, the FAA requires purchase of land necessary for the extended
clear zone prior to construction of the southern 1000 foot extension;
and
WHEREAS, 22 of the 39 acres needed have already been purchased; and
WHEREAS, the FAA has authorized the process used to establish the
value of the remaining property south of the airport; and
WHEREAS, the FAA recommends fee simple acquisition of the entire parcel
of land owned by James and Bernice Murray; and
WHEREAS, the FAA and the Commonwealth of Virginia will fund 95% of the
land acquisition costs:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. James and Bernice Murray are hereby offered the sum of
$210,000 for the purchase of fee simple title to the 2.3033 acres, more
or less shown on the attached plat of Ross, France and Ratcliff, Ltd.
dated August 20, 1987, on condition that title to the land affected is
free and clear of all defects, liens or encumbrances. The property
will be conveyed according to the plat and description described above
by good and proper deed, a copy thereof is attached with the usual war-
ranties of title within thirty (30) days after written acceptance of this
offer, with a right of entry commencing at the time of acceptance.
!120
MINUTES OF OCTOBER 25, 1988 REGULAR TOWN COUNCIL MEETING - Page 14
SECTION II. In the event this offer is not accepted in writing within
thirty (30) days from receipt); the Council hereby declares that an essen-
tial public convenience and necessity exists requiring entry upon the
property prior to the determination and deposit of the amount of just
compensation, and does hereby authorize the town attorney to file the
requisite petition for condemnation and early entry, on behalf of the
Town of Leesburg and does authorize the Director of Finance to issue
a check in the sum of $210,000, payable to the Clerk of the Circuit
Court in accordance with Section 25-46.8 of the 1950 Code of Virginia,
as amended.
88-202 - RESOLUTION - AUTHORIZING AN OFFER TO SAVILLA CHRISTINE PHILLIPS FOR
FEE SIMPLE PURCHASE OF 3.0852 ACRES NEEDED FOR THE SOUTH I RUNWAY EXTENSION AT THE LEESBURG MUNICIPAL AIRPORT AND
AUTHORIZING CONDEMNATION PROCEEDINGS
WHEREAS, the town's Capital Improvements Program and the adopted Airport
Master Plan call for a runway extension to a total length of 5500 feet
to accept-_ corporate aircraft; and
WHEREAS, the 1000 foot extension to the north has been completed; and
l_ WHEREAS, the FAA requires purchase of land necessary for the extended clear
zone prior to construction of the southern 1000 foot extension; and
WHEREAS, 22 of the 39 acres needed have already been purchased; and
WHEREAS, the FAA has authorized the process used to establish the value
of the remaining property south of the airport; and
WHEREAS, the FAA recommends fee simple acquisition of the entire parcel of
land owned by Savilla Christine Phillips; and
WHEREAS, the FAA and the Commonwealth of Virginia will fund 95% of the
entire land acquisition costs.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia '
as follows:
SECTION I. Savilla Christine Phillips is hereby offered the sum of $222,000
for the purchase -of fee simple title to the 3.0852 acres, more or less shown
on the attached plat of Ross, France and Ratcliff, Ltd. dated November 27,
1987, on condition that title to the land affected is free and clear of all
defects, liens or encumbrances. The property will be conveyed according
to the plat and description described above by good and proper deed, a copy
thereof is attached with the usual warranties of title within thirty (30)
days after written acceptance of this offer, with a right of entry commencing
at the time of acceptance.
SECTION II. In the event this offer is not accepted in writing within thirty
(30) days from receipt, the Council hereby declares that an essential public
convenience and necessity exists requiring entry upon the property prior to
the determination and deposit of the amount of just compensation, and does
hereby authorize the town attorney to file the requisite petition for con-
demnation and early entry, on behalf of the Town of Leesburg and does author-
ize the Director of Finance to issue a check in the sum of $222,000, payable
to the Clerk of the Circuirt Court in accordance with Section 25-46.8 of the
1950 Code of Virginia, as amended.
98 -903 RFSOTNTTON ANTAORT7TNC AN OFFER TO I.F.F.ANT) SUE MAvwe FOR FEE SIMPLE
PURCHASE OF 1.2981 ACRES NEEDED FOR THE SOUTH RUNWAY EX- '
TENSION AT THE LEESBURG MUNICIPAL AIRPORT AND AUTHORIZING
CONDEMNATION PROCEEDINGS
WHEREAS, the town's Capital Improvements Program and the adopted Airport
Master Plan call for a runway extension to a total length of 5500 feet to
attract corporate aircraft; and
WHEREAS-,- the 1000 foot extension to the north has been completed; and
WHEREAS, the FAA requires purchase of land necessary for the extended clear
zone prior to construction of the southern 1000 foot extension; and
121
MINUTES OF OCTOBER 25, 1989 REGULAR TOWN COUNCIL METING - Page 15
WHEREAS, 22 of the 39 acres needed have already been purchased; and
WHEREAS, the FAA has authorized the process used to establish the value
of the remaining property south of the airport; and
WHEREAS, the FAA recommends fee simple acquisition of the entire parcel of
land owned by Lee and Sue Mayes; and
WHEREAS, the FAA and the Commonwealth of Virginia will fund 95% of the land
acquisition costs:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Lee and Sue Mayes are hereby offered the sum of $113,000 for
the purchase of fee simple title to the 1.2981 acres, more or less, shown
on the attached plat and description made by Ross, France and Ratliff,
Ltd. dated November 27, 1987, on condition that title to the land affected
is free and clear of all defects, liens or encumbrances. The property will
be conveyed according to the plat and description described above by good and
proper deed, a copy therePf is attached with the usual warranties of title,
within thirty (30) days after written acceptance of this offer, with a right
of entry commencing at the time of acceptance.
SECTION II. In the event this offer is not accepted in writing within
thirty (30) days from receipt, the Council hereby declares that an es-
sential public convenience and necessity exists requiring entry upon the
property prior to the determination and deposit of the amount of just com-
pensation, and does hereby authorize the town attorney to file the requi-
site petition for condemnation and early entry, on behalf of the Town of
Leesburg and does authorize the Director of Finance to issue a check in
the sum of $113,000, payable to the Clerk of the Circuit Court in accord-
ance with Section 25-46.8 of the 1950 Code of Virginia, as amended.
88-204 - RESOLUTION - AUTHROIZING A CONTRACT WITH PERRY ENGINEERING COMPANY
AND MAKING AN APPROPRIATION FOR THE CONSTRUCTION OF
' THE TOWN BRANCH STORM DRAINAGE IMPROVEMENTS
WHEREAS, the engineering consulting firm of Bengtson, DeBell, Elkin and
Titus was retained to prepare construction drawings, contract documents
and specifications for the rehabilitation of the Town Branch Channel; and
WHEREAS, bids were received on September 15, 1988; and
WHEPWAS, Perry Engineering Company, Inc., submitted the lowest bid, at
$187,709.00, and was judged by our consulting engineer to be both re-
sponsible and responsive; and
WHEPEAS, the elimination of three (3) bid items and the deferring of seve-
ral other items to be accomplished by town forces will reduce the contract
by $37,100.00; and
WHEREAS, a change order will be signed simultaneously with the contract
to reduce the contract amount by $37,100.00; and
WHEREAS, construction of this project is essential to the town's storm
water management effort:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager shall enter into a lump sum contact with the
Perry Engineering Company, inc., for construction of the Town Branch
Storm Drainage Improvements in the amount of $187,709.00.
SECTION II. The Mapager shall execute change order #1 reducing the amount
of the contract price to $150,609.00 simultaneously with the signing of the
contract.
SECTION III. An appropriation and transfer of funds is authorized
from the unappropriated General Fund balance to Capital Projects Fund
Construction 1903-9303-700-030, in the amount of $5,609,00 which will
remain in effect until the project is complete.
1 122
MINUTES OF OCTOBER 25, 1988 REGULAR TOW14 COUNCIL MEETING - PAGE 16
88-205 - RESOLUTION - AUTHORIZING A CONTRACT WITH ENGLISH CONSTRUCTION COMPANY
INCORPORATED AND MAKING AN APPROPRIATION FOR CONSTRUCTION OF
THE ROUTE 643 BOOSTER PUMPING STATION.
WHEREAS, bids for the construction contract for the Route 643 Booster Water
Pumping Station were opened on October 19, 1988; and
WHEREAS, the lowest bid received is from English Construction Company In-
corporated of Altavista, Virginia; and
WHEREAS, Camp, Dresser & McKee,the town's engineering consultant, has recom-
mended the contract to be awarded to English Construction Company, Inc.; and
WHEREAS, the Director of Engineering and Public Works recommends the con-
tract be awarded to English Construction Company, Inc.; and
WHEREAS, operation of the Route 643 Booster Water Pumping Station by the
summer of 1989 is essential to permit the scheduled opening of the Cool
Spring Elementary School; and
WHEREAS, failure to meet this deadline will create an emergency condition
under 8.5 of the Leesburg Purchasing Policy:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorizedand directed to enter into a lump
sum contract on behalf of the town in a form approved by the town attorney
in the amount of $713,000.00 with English Construction Company, Incorpor-
ated for construction of the Route 643 Booster Water Pumping Station.
SECTION II. An appropriation is made from the unappropriated Utility
Fund balance to Account No. 3130.700.210.300 in the amount of $500,000.00
which will remain in effect until the project is complete.
88-206 - RESOLUTION - INITIATING AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE
REGARDING ADDITIONAL SETBACKS FROM CERTAIN STREETS ,
WHEREAS, Section 1B -5(e) of the zoning ordinance establishes additional
setbacks for certain streets within the Town of Leesburg; and
WHEREAS, the Town Council and Planning Commission have expressed an
interest in establishing an additional setback under Section IB -5(e)
for the Leesburg Bypass; and
WHEREAS, the term "setback" used in Section 1B -5(e) is unclear and
creates confusion in the review of subdivisions and development plan
applications; and
WHEREAS, these amendments are necessary to promote public health safety
and welfare, facilitate the creation of a convenient, attractive and
harmonious community, and to protect property values:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. An amendment to Section IB -5(e) of the Leesburg Zoning Ordi-
nance is hereby initiated to add subsection (2)(e) to read as follows:
(2)(e) Leesburg Bypass: 100 feet from the right-of-way line. This
setback shall apply to all buildings and parking lots.
SECTION II. The manager shall refer the proposed amendment to the Plan-
ning Commission to conduct a public hearing after which the Planning Com-
mission shall report its recommendation to the Town Council.
88-207 - RESOLUTION - MAKING APPOINTMENTS TO THE LEESBURG ENVIRONMENTAL ADVSORY
COMMISSION
WHEREAS, vacancies exist on the Environmental Advisory Commission:
123
MINUTES OF OCTOBER 25, 1988 REGULAR TOWN COUNCIL MEETING - PAGE 17
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Rose Garrett and Sue Walden are appointed to the Leesburg Environmental
Advisory Commission for terms ending June 30, 1990.
88-208 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFOPdM*.ANCE
BOND AND APPROVING A MAINTENANCE BOND FOR PUBLIC IMPROVE-
MENTS IN THE FIELDSTONE APARTMENTS
WHEREAS, Pulte Home Corporation, the builders of the Fieldstone Apartments,
has completed public improvements in accordance with approved plans and
town standards, and these have been inspected and approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The irrevocable letter of credit no. 6281 from First
American Bank in the amount of $100,000.00 is released, and a new
letter of credit for maintenance guarantee in the amount of $25,000
from First American Bank in a form approved by the town attorney is
approved, and shall be in effect for a period of one year from this
date.
SECTION II. This release is contingent upon delivery of a properly
executed instrument conveying unto the town all such improvements
and easements free of any liens or changes.
88-209 - RESOLUTION - AUTHORIZING A TIME EXTENSION OF THE PERFOR14ANCE GUARANTEE
FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR SOUTH HAVEN
SUBDIVISION
WHEREAS, Tedence Incorporated, the developers of South Haven Subdivision
have not completed all the required public improvements in accordance
with the approved construction drawings and town standards within the
two year period agreed to in the contract for public improvements; and
' WHEREAS, the letter of credit from Farmers and Merchants National Bank of
Hamilton, Virginia in the amount of $68,758.00 has expired; and
WHEREAS, a new letter of credit from Farmers and Merchants National
Bank of Hamilton, Virginia in the amount of $68,758.00 has been pro-
vided by the developer to guarantee installation of the remaining
public improvements for South Haven Subdivision and this amount has
been approved by the Director of Engineering and Public Works:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir-
ginia as follows:
SECTION I. The letter of credit from Farmers and Merchants National
Bank of Hamilton, Virginia in the amount of $68,758.00 in a form ap-
proved by the Town Attorney and an extension of six months for the in-
stallation of public improvements are approved.
88-210 - RESOLUTION - I14ITIATING A Z014ING ORDINANCE AMENDMENT TO THE LEESBURG
ZONING ORDINANCE REGARDING SWIrw1ING POOLS AND RELATED
STRUCTURES
WHEREAS, Section 1B -5(c)9 of the Leesburg Zoning Ordinance is more re-
strictive than the BOCA building code standard and the zoning regulations
of neighboring jurisdictions; and
' WHEREAS, existing provisions of the Leesburg Zoning Ordinance permit
decks and patios, attached to the principal structure, in rear yards
in which similar structures associated with pools are prohibited; and
WHEREAS, a reduction in the minimum setback required of pools and any
associated walkway or deck is in the best interest and public necessity,
convenience, general welfare and good zoning practice:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
1124
MINUTES OF OCTOBER 25, 1988 REGULAR TOWN COUNCIL MEETING - PAGE 18
SECTION I. An amendment to Section 1B -5(c)9 of the Leesburg Zoning
Ordinance is hereby initiated to replace the current text in its en-
tirety to read as follows:
Section 1B -5(c)9 Swimming Pools.
A private swimming pool, not exceeding three feet
above grade, may be permitted in a requiredminimum
side or rear yard to within six feet of a property
-line, as measured perpendicular from said property
line to the outermost edge of the pool coping. .Any
associated walkway or deck, not exceeding three
feet above grade, may be permitted in a required
minimum side or rear yard to within three feet of a
property line. A private swimming pool, or
associated walkway or deck, exceeding three feet
above -grade, shall not be permitted in a required
minimum yard. Swimming pools shall not be permitted
in front of a principal structure. The location of
a public swimming pool shall be determined through
the development Dian review process.
SECTION II. A public hearing on this amendment shall be held at 7:30
p.m. on November 22, 1988, in the Council Chambers, 10 Loudoun Street,
S.W., Leesburg, Virginia. In accordance with Section 15.1-431 of the
1950 Code of Virginia, as amended, this hearing shall be a joint hearing
of both the Planning Commission.and Council. The clerk shall give no-
tice of this hearing on November 3 and 10, 1988, and shall advise the
Planning Commission of the purpose, time and date of the hearing.
SECTION III. The Planning Commission shall report its recommendation
to the Town Council on the proposed amendment.
-211 - RESOLUTION - MAKING APPROPRIATIONS FOR PARKS AND RECREATION PROGRAMS
WHEREAS, the Town of Leesburg Parks and Recreation Department has developed
recreation programs including outdoor adventure, sports, classes, special
events, special services and projects based on -user fees collected; and
WHEREAS, the FY 89 budget does not include appropriations for these pro-
grams; and
WHEREAS, it is the desire of the Town of Leesburg to provide such leisure
programming through revolving accounts.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
the following amendments and appropriations are hereby authorized to the
general fund budget for the fiscal year ending June 30, 1989:
SECTION I.
General Fund
Description Amount Account #
Outdoor Adventure Programs;
Revenue ($5,000) 200.2403.030.000
Expenditures:
Part-time help
1,000
200.7109.100.010
FICA
75
200.7109.200.011
Contractual Services
3,000
200.7109.300.010
Supplies & Materials
463
200-.7109.540.010
Equipment
462
200.7109.700.010
1
1
1
)2s
MINUTES OF OCTOBER 25, 1988 REGULAR COUNCIL MEETING -
Description Amount
PAGE 19
General Fund
Account it
Sports Program:
Revenue
($5,000)
200.2403.040.000
Expenditures:
Part-time help
2,000
200.7110.100.010
FICA
150
200.7110.200.011
' Contractual Services
1,000
200.7110.300.010
Supplies & Materials
925
200.7110.540.010
Equipment
925
200.7110.700.010
Recreation Classes:
Revenue
( 5,000)
200.2403.050.000
Expenditures:
1 Part-time help
2,000
200.7111.100.010
FICA
150
200.7111.200.011
Contractual Services
1,000
200.7111.300.010
Supplies & Materials
925
200.7111.540.010
Equipment
925
200.7111.700.010
Special Events:
Revenue:
( 5,000)
200.2403.060.000
'
Expenditures:
I
Part-time help
1,000
200.7112.100.010
FICA
75
200.7112.200.011
Contractual Services
3,000
200.7112.300.010
Supplies & Materials
462
200.7112.540.010
Equipment
463
200.7112.700.010
Special Services/Projects:
Revenue:
( 5,000)
200.2403.070.000
Expenditures:
Part-time help
1,000
200.7113.100.010
FICA
75
200.7113.200.011
Contractual Services
3,000
200.7113.300.010
' Supplies C Materials
463
200.7113.540.010
Equipment
462
200.7113.700.010
SECTION II. These programs
are to be self-funded
through collection
of participation fees, therefore, a subsidy from
the general fund
unappropriated fund balance
will not be required.
Aye: Councilmembers Clem,
Forester, Kimball, Lovin, Mulokey, Tolbert
and
ilayor Sevila.
Nay: None.
126
MINUTES OF OCTOBE-R 25, 1988 REGULAR TOWN COUNCIL MEETING - PAGE 20
On suggestion by Mayor Sevila and, on motion of Mr. Tolbert, seconded by Mr.
Clem, Council voted unanimously to refer a proposed resolution concerning the re-
establishment and designation of Liberty Street back to committee for further con-
sideration:
Aye: Counciltienbers Clem, Forester, Kimball, Lovin, Lulokey, Tolbert and
'•iayorSev;.la.
lav: -'one.
:'here being no further business, on motion mace and seconded, Courcil voted
unanimously to adjourn.
1
Clerk of unciI
i!ayor
1
1