HomeMy Public PortalAbout1978_07_12 13-6'
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 12, 1978.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg, Virginia, on
July 12 , 1978 at 7 : 30 P.M. The meeting was called to order with a
prayer by -the Mayor, and followed with the Salute to the Flag led by
Mrs. Hill . Present were: Mayor Kenneth B. Rollins, Councilmembers
Glen P. Cole, Stanley D. Herrell , Jr. , Marylou Hill and John W. Tol-
bert, Jr. ; also Town Manager John Niccolls, Assistant Town Manager
Jeffrey H. Minor, Director of Engineering Andrew G. Shope, Director
of Community Development Robert C. Forbes, Chief of Police James -M.
Kidwell and Town Attorney George M. Martin. Absent from the meet-
ing was Councilmember G. Dewey Hill , Jr.
The minutes of a public hearing of June 7, 1978 were approved
as written.
Mayor Rollins opened this first meeting of a new fiscal year and
of a partially new Council stating that almost the same problems exist
today as when he first took office as Mayor some years ago and when he
left that office. He considered it a privilege and an honor to return
to this seat as Mayor of the Town.
Mayor Rollins read into the record a letter of resignation from
C. Terry Titus as Councilman, effective July 3, 1978, for personal
and business reasons. On motion of Mr. Tolbert, seconded by Mr. Cole,
Council voted unanimously to accept Mr. Titus ' resignation. Mayor
Rollins asked that each councilmember think about a replacement
to serve the balance of Mr. Titus ' s term - two years. Council has
90 days in which to fill this seat, but it is hoped that an appoint-
ment can be made in 30 days.
Mr. Joby Reynolds, President of the Downtown Business Association,
weldomed the new Mayor and members of the Town Council . The DBA has
recommended to Council that it consider the purchase of the "Foodmaker
Lot" as a future parking lot for all-day parkers - this being badly
needed. This property has water and sewer taps, which makes it a
desirable piece of property for other purchasers. It is their recom-
mendation to use this lot, a part of the Sollars lot (which is also
available for sale) and a portion of the Leesburg Grain & Feed lot
which the town already owns for a minimum of 200 parking spaces.
The estimated cost for the land and the parking facilities is
$232, 450, and it is felt that the lot will be self-supporting.
The DBA is prepared to put up this $1, 000 for the option fee and
is aware that they may lose it. Mr. Reynolds urged the Council to
take this option for a period of 90 days.
Mrs. Margie Harrison, a resident of Wilson Avenue in the Fairview
Subdivision, made a plea to Council to give priority to storm drainage
problems in the Fairview Subdivision, Dry Mill Road and South King
Street by Hirst ' s before they consider spending money for land for
a parking lot.
Mr. Norman Myers of White' s Department Store was in agreement
that the storm drainage problems should be taken care of, but he
felt that additional parking facilities are needed too. The town
raises money in three ways - (1) tax on property; (2) gross sales
tax and (3) a portion of the State sales tax. A parking lot would
help increase business in the town, thereby contributing more tax
dollars. He cited his own business as an example - it is up about
35 percent over last year and he felt a good part of this is due to
the fact that they now have adjacent parking. He felt the parking
lot would be self-sustaining and perhaps the DBA could come up with
10 percent and the rest be borrowed from a Bank.
Mrs . Melissa Allen, a resident of 55 South King Street, plead
with Council to do something about the storm drainage, especially in
her area. She stated that she had 22 inches of water in her house
in 1972 and 12 inches in 1975 and it costs her over $200 each time
to have her rugs and floors cleaned. This is her home that she has
worked many, many years to keep for the rest of her life. She has
talked with the Manager and all she gets from the Town is promises,
she wants something done about the branch. She said she talked to
former Mayor Newman who came down to see the situation, and the Town ..
did remove the debris from the Branch last week, thereby eliminating
flooding during a heavy rain. She felt that people' s homes need
these storm drainage projects more than the Town needs more parking
facilities.
137
MINUTES OF JULY 12, 1978 MEETING.
Mrs. Lou Etta Watkins, a resident of 57 South King Street, also
spoke to Council about the seriousness of the flooding situation in
the Hirst' s area. She too has had water over her dining room table
and over her sofa during heavy rainstorms. The building that has
been allowed by town officials has only created more blacktop for
the water to run from and less ground to take it up. She felt that,
with modern technology, such problems should not exist. It should
be the duty of the town to police this branch and not allow the
debris to be thrown there in the first place, and it should also
be the duty of the town to clean out the branch, certainly more
often than once a year. Plans should be made to take care of
the drainage situation before any more parking facilities are
added.
Mr. Lester Shor, developer of Heritage Square, had just come from
a meeting with that condominium association. The residents living in
this subdivision are requesting that he continue with building out
there. He, therefore, is requesting water taps so he can continue
with this project. Mayor Rollins did not feel that water taps will
be any problem, however, he was interested in what type development
he is proposing, particularly first impressions to people as they
come into Leesburg from the Bypass. Mr. Shor said he expects to
put up 50 more townhouses in that section and then he will build
120 single-family homes - traditional or colonial design, similar
to those in Carrvale. He felt that there is a market for what he
er has planned - they can -be delivered with condominium titles. He
`v has two banks ready to go and the manufacturer is all set, so he
is ready to go. Mr. Rollins asked when he might expect occupancy
on the single-family houses. Mr. Shor said possibly in a year,
he has to go through Planning Commission, etc. before he could
start on these.
MANAGER' S REPORT. '—
Mr. Niccolls reported as follows :
(1) In the packet there is a Memo on limitations on water
connections. This provides today' s status on the Town' s ability
to deliver water, as well as to accept additional connections.
He said they are suggesting that the Health Department be advised
that the Town is now capable of supplying new connections and leave
it up to them to react to this.
(2) There is also a Memo concerning a change in the State law
providing that the Town can increase the maximum financial worth
of applicants under the tax relief for the elderly program. 'If
Council so desires, legislation will be submitted to the Finance
Committee.
(3) Another Memo concerns additional default in the Blue Ridge
Aircraft lease at the Airport. This requires no action at this time.
There is a lawsuit underway. There will be a report from Mr. Martin
on the status of lawsuits and other claims against the town in the
next packet.
(4) A report on storm drainage problems, work underway, the
Town Branch conditions near Hirst' s and other projects will be in-
cluded with Council ' s next packet.
MAYOR' S REPORT:
Mayor Rollins had four requests as follows :
(1) He is very much interested in a grass median strip for Route 7.
between Catoctin Circle and the By-Pass eastward at the proper places
where there can be some shrubbery and trees and where it will not in-
terfere with entering the businessin this area. This will come up
for a public hearing in August - he asked Mr. Niccolls to look into
this before that time. Mr. Herrell inquired if there will be lights
along this area so that motorists might turn. Mr.. Niccolls said the
project is being designed with traffic controls at either Fort Evans
Road or Plaza Street and the light cycles will provide interruptions
that will make such turns possible. The Highway Department is making
a choice as to which intersection to put the light, or perhaps at
MINUTES OF JULY 12, 1978 MEETING.
both. The shopping center would have to participate in any lights
turning into the center. After these issues are discussed with the
Highway Department, there will be a Tull report. Council will have
an opportunity to review the plans prior to the advertisement for
public hearing.
(2) The time is not far off before Morven Park Road will have,
to be widened and he felt this should be done on the west side, where
there would be no trees and stone fences to come down. He noted
that the sidewalk being put in for the nursing home sits consider-
ably far back to the east - if this were carried through to Route 7
we could run into a' lot of public reaction. He asked that this be
looked into. Mr. Niccolls said this may take a full re-evaluation
of our Standard Thorofare Plans.
(3) He requested that the Manager provide each member of Council
at the Council meeting a cash balance that is in the bank for each of
the Town' s funds.
(4) He would like to go forward with the resurfacing project
without interruption. There was some $55, 000 allocated in the last
Budget for secondary streets. He asked that a survey be made as to
which streets need work this summer so the work can be authorized
and these funds allocated. At the. same tithe, he asked that Edwards
Ferry Road be considered - the Public Work's Committee should deter-
mine whether or not the Town Staff will do the plans or whether an
engineer should do them - but get''this before the Committee and 'get
a resolution on the Agenda for action. Also, as to what portion of
Edwards Ferry Road should be done this year so that it can be let
for bids. •
•
Mr. Tolbert called attention to bad shoulders• in front of John
Middleton and Arthur Phillips' houses on S. Wirt Street.
ORGANIZATIONAL MATTERS
•
(1) On nomination of Mr. Cole, seconded by Mr. Herrell, Council
voted unanimously to elect G. Dewey Hill as Mayor Pro-Tem:
•
. Aye: Councilmembers Cole, Herrell, Marylou Hill , Tolbert and
Mayor Rollins. '
Nay: None.
(2) On, nomination of Mr. Tolbert, seconded by Mr. Cole, Council
voted unanimously to appoint Marylou Hill as the Councilmanic member
of the Planning Commission:
Aye: Councilmembers Cole, Herrell, Marylou Hill , Tolbert and
Mayor Rollins. -
Nay: None.
(3) Mayor Rollins stated that he will make four (4) appointments to
the Board of Architectural Review at the next meeting. He would ap-
preciate any suggestions from the members of Council. Mr. Herrell ' s
term as the Councilmanic member continues.
(4) OnnaiikR18P Mrs. Hill , seconded by Mr. Herrell , Council voted
unanimously to appoint Mr. Tolbert as the liaisom-member to the Air-
port Commission: '
Aye: Councilmembers Cole, Herrell , Marylou Hill , Tolbert and
Mayor Rollins.
Nay: None.
(5) On nomination of Mr. Herrell, seconded by Mr. Tolbert, Council
voted unanimously to appoint G. Dewey Hill as a member of the Nor-
thern Virginia Planning District Commission:
Aye: Councilmembers Cole, Herrell, Marylou Hill , Tolbert and
Mayor Rollins.
Nay: None.
139
MINUTES OF JULY 12, 1978 MEETING.
78-124 .- Resolution - Authorizing an a•reement for an option to pur-
chase the Foodmaker Lot. "
•
On motion of Mr. Cole, seconded by Mrs. Hill , the following
resolution was proposed:
RESOLVED by the Council for the Town of Leesburg, Virginia,
as follows :
SECTION I. The mayor is authorized and directed to execute
the agreement transmitted with a memorandum to the. Council
111 dated June 21, 1978, for an exclusive option to purchase
land owned by Foodmaker, Inc. , situated in the Town of Lees-
burg, Virginia, and shown on Loudoun County tax map 48A,
Block 29, Lot 3.
SECTION II. The execution of this agreement shall be con-
tingent upon the prior receipt of $1, 000 from the Downtown
Business Association in accordance with their offer, to be
refunded at the time of settlement on the land.
Mr. Cole and Mr. Herrell both expressed their support to this reso-
lution since it is felt that it will be a self-sustaining project,
and since it is proposed that the Downtown Business Association will
V= furnish the down payment. Mrs. Margie Harrison was adamant about
It the Town taking any tax money to pay for. this when storm drainage
`Q is far more important than a parking facility. It was explained
that this resolution only gives the Town 'a 90-day option on the
property and. gives Council time to study the parking problem.
Mayor Rollins felt that the possibility of erecting a parking garage
should also be considered and see which is the best way to solve the
parking problem. He asked that the Press publicize this and perhaps
the public will have something to say about this too. He felt that
all possibilities should be looked into before a •decision is reached.
Mr. Niccolls said it is 'proposed that the DBA would put $1,000 into
the Town treasury - an option agreement has been prepared. A roll
call vote unanimously adopted the resolution:
•
Aye: Councilmembers Cole, Herrell, Marylou Hill, Tolbert and
Mayor Rollins.
Nay: None.
Mayor Rollins asked Mrs. Hill to have the Planning Commission
initiate an amendment to the Zoning Ordinance concerning signs.
78-125 - Resolution - Endorsing revised flight pattern chart for
Leesburg Municipal Airport (Godfrey Field) .
On motion of Mr. Herrell , seconded by Mr. Tolbert, the following
resolution was proposed:
WHEREAS, the Leesburg Airport Commission has endorsed a change
in the flight pattern for Leesburg MunicipalrAirport for the
purpose of reducing air traffic over the J. Lupton Simpson
Middle, School :
•
BE IT RESOLVED by the Council of the Town of Leesburg, Vir-
ginia, as follows :
The new flight pattern chart attached with a memorandum to
the Council dated June 30, 1978, is endorsed.
Mr. Niccolls explained that this has been reviewed by the Dulles
Airport Tower and has to go back for formal FAA approval, but they
feel this is an improvement' and a safety factor. Council ' s endorse-
ment is sought since the Airport Rules and Regulations adopted by the
Council contain a description of the pattern. The resolution was
unanimously adopted: .
Aye: Councilmembers Cole, Herrell , Marylou Hill, Tolbert and
Mayor Rollins.
Nay: None.
Ai 40.
MINUTES OF JULY 12, 1978 MEETING..
78-126 Resolution - -Making 'an additional appropriation to; the
Airport• Fund• for• the. fiscal year ending
June 30, 1979.
On motion of Mr. Herrell , seconded by-Mr.- Tolbert, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia, as
follows :
An appropriation is made to the Airport Fund, Account No.
30000. 246, Travel and Training, in the amount of $445.
for fiscal year ending June 30, 1979 .
Mr. Niccolls explained that this is an opportunity for members of
the Airport Commission and others to hear reports, etc. on general
aviation in the State. Two members of the Commission have indicated
a desire to attend and the Commission has endorsed their presence
at this meeting and requested an appropriation. No travel funds
were included in the Airport budget for this since this is the first
time. Mr. Herrell felt that the members contribute a lot of their
time to serve on this Commission and this would help them to do their
job. The resolution was unanimously adopted :
Aye: Councilmembers Cole, Herrell, Marylou Hill , Tolbert and
Mayor Rollins.
Nay: None.
Proposed resolution concerning new water connections.
Mayor Rollins preferred to handle this matter at the next meet-
ing. He felt that there certainly would not be any water problem
this year even if we have no more water between now and the end of
the year. He understands there is somewhere :between 300 and 500 gpd
surplus at this time and, with the inclusion of the Phillips-Nickels
Well and two new wells, there should be •well over, 1, 000,000 gpd sur
pits by the end of the year. He felt there should be a more detailed
resolution setting forth the reasons for allowing new connections
immediately and present the Health Department with a"fait accompli."
He did not feel the Health Department could do anything to prevent
new connections with the present situation. He asked the Manager to
draw up such a resolution for the next meeting, setting forth the
reasons and telling the Health Department that the Council is di-
recting the Manager to proceed immediately with issuing permits for
water. There was no objection to this course of action.
COUNCIL PROCEDURE
Mayor Rollins said he is not an advocate of the workshop sessions
which Council has had in the last two or three years. Rather, he pre-
fers the committee system because it provides an expertise in certain
areas that the members did not get in workshop sessions. Committee
members will become very knowledgable in the areas in which they serve
and the other members should take their advice when a. resolution comes
to this table as a recommendation from that committee. He also felt
the staff will benefit more from committee meetings. Council has
agreed to this system. Mr. Rollins made the following appointments :
Utility and Public Works Committee
This committee will have jurisdiction over all matters in the
town insofar as water and sewer systems are concerned, streets, side-
walks, town equipment and town maintenance of buildings. This. com-
mittee will meet on Monday nights following the Council meeting at
7 : 30 P.M. Appointed to this committee are:
G. Dewey Hill, Jr.
Glen P. Cole
Vacancy at this time
141
MINUTES OF JULY 12, 1978 MEETING.
Finance and Administration Committee
This committee will have jurisdiction over supplemental appro-
priations, water and sewer rates , license tax fees, personnel , the
Leesburg Airport, police and zoning and subdivision matters. This
committee will meet after the Public Works Committee (it was later
decided that this committee will meet on Tuesday nights at 7 : 30 P.M.
following the Monday night Public Works committee meeting. ) Appointed
to this committee are:
Marylou Hill
Stanley D. Herrell , Jr.
John W. Tolbert, Jr.
Mr. Niccolls advised that there is a matter in litigation that
should be discussed in executive session. Mayor Rollos advised that
there will be no action taken after this session.
On motion of Mr. Tolbert, seconded by Mr. Cole, Council voted
unanimously to adjourn at 9 : 25 P.M.
I /r. AZ,/ Mayor
;l„ C erk o th ouncil
C