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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