HomeMy Public PortalAbout1979_01_10 251
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 10 , 1979 .
A regular meeting of the Leesburg Town Council was held in
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia,
on January 10, 1979 at 7 : 30 P.M. The meeting was called to order
by the Mayor , with the invocation being given by Mr. Tolbert after
a moment of silent prayer in memory of Marie V. Martin, and fol-
lowed with the Salute to the Flag led by Mr. Herrell . Present
were : Mayor Kenneth B. Rollins, Councilmembers Stanley D. Herrell,
Jr. , G. Dewey Hill , Jr. , Marylou Hill, Walter F. Murray and John W.
Tolbert, Jr. ; also Town Manager John Niccolls, Assistant Manager
Jeffrey H. Minor, Director of Finance Donald O. Taylor and Town
Attorney George M. Martin. Absent from the meeting was Council-
member Glen P. Cole.
RESOLUTION OF RESPECT - MARIE V. MARTIN
On motion of Mr. Hill , seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
WHEREAS Marie V. Martin, wife of George M. Martin, At-
torney for the Town of Leesburg, died in Arlington,
Virginia on January 4 , 1979 ;
RESOLVED by the Council of the Town of Leesburg, Vir-
ginia, as follows :
The Mayor and members of Council do hereby extend to
George M. Martin and members of his family their deep-
;A, est sympathy.
This resolution shall be spread upon the minutes of
this meeting and a copy shall be sent to George M.
Martin.
Aye : Councilmembers Herrell , D. Hill , M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay: None.
The minutes of the regular meeting of December 27 , 1978 were
approved as written.
PETITIONER - RE EAST LEESBURG HILLS
Mr. Robert B. Harris , attorney representing Don Stoops, Trus-
tee, introduced Mr. Rosser Payne, planning consultant and Mr .
Jim Francen, representing the Stoops syndicate, and gave a brief
background concerning East Leesburg Hills , as presented in 1975 .
Council, at that time, approved the plan but a sewer moratorium
was in effect. Therefore, a resolution opposing the project was
sent to the Board of Supervisors and that Board, using the Town ' s
objections , rejected the applicant . He asked that Council con-
sider reversing its previous action in light of circumstances
existing today. The owners of this property have never been able
to utilize it in any fashion and have been paying taxes on it since
1968 .
Mr. Payne explained that in 1975 the County was in the midst
of its "no growth" posture - now, after several lawsuits , this has
been changed to a "controlled growth" posture. Also, at that time,
the Town and the County were engaged in a struggle with the Water
Control Board to close Leesburg ' s sewage treatment plant and create
a Broad Run plant centrally located to serve both the County. and
the Town. A moratorium on the Town ' s plant was in existence and
direction had been given by the Water Control Board to upgrade the
plant. In 1976 any idea of a centrally located plant was abandoned
and the existing plants were allowed to function and go ahead with
planned upgrading. This parcel of land is adjacent to the Town ' s
sewage treatment plant and the County ' s staff report in October of
1975 found the plan acceptable from a technical standpoint. The
only changes in design are restrictions made by several changes in
the area .- the additional acquisition on the east side by the VEPCO
right-of-way for a major power station (15 acres) ; the old W & 0 D
right-of-way has now been taken over by the Northern Virginia Regional
Park Authority and an additional six acres was taken by the Tennessee
Natural Gas Company for a new line. This left them with industrial
ax
252
MINUTES OF JANUARY 10 , 1979 MEETING.
zoning along the entire eastern boundary and, on December •14 , 1978 ,
"Leegate" was zoned for a planned industrial park. This leaves this
piece of property sandwiched between two industrial properties. He
pointed out on the plan that there would be 732 dwelling units on
the 310 acres, consisting of 27 units in the A-3 area (1 per 3 acres)
347 single-family units and 358 units in the cluster housing area.
Subtracting the Northern Virginia Regional Park area and the VEPCO
area, this would be 2 . 4 dwelling units per acre. This is in con-
formance with the County plan as it exists today. He asked that
the Town reverse its opposition to this plan .
Mr. Hill said the problem was sewer when they came before
Council in 1975 - some of this area must be pumped down and back.
This problem may be resolved sometime in the future, but it must be
done before they can get any use of the Sewage Treatment Plant.
Mr. Harris said an easement has been granted for others to get
across their property. Mr. Hill said he tried to get the line sized
to take care of this property when they were recently discussing
sewer with Goose Creek Club, but he was not successful in this at-
tempt. Mr. Payne pointed out that everything but the property to
the south can flow by gravity to the plant. There was also some
discussion concerning the increased assessment of taxes on this
property over the last several years .
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Mr. Harris said they are negotiating a settlement of this
suit and once again asked that Council remove its earlier objec-
Q tion to the overall project. It was decided that Mr. Harris would
be present at the Finance and Administration Committee meeting on
January 16th to discuss this matter, with action to be proposed
at Council ' s regular meeting on January 24th.
Mayor Rollins announced that the Loudoun County Planning
Commission has agree5to take up the matter of a commission permit
for the Potomac River Plant as the first item at its meeting on
January 24th at 7 : 30 P.M. This meeting will be in the Board of
Supervisors ' meeting room. He urged as many members as possible
to be present for this meeting.
PUBLIC HEARING - FRANCIS REZONING
A public hearing was held on the rezoning of property on
East Loudoun Street owned by Lois W. Francis - Application #ZM-22 -
from R-2 to B-2 . Since there was no-one present to speak concern-
ing this matter, the public hearing was declared closed by Mayor
Rollins .
There followed lengthy discussion concerning the amount of
land to be rezoned on this particular piece of property, as well
as proposed rezoning on the remaining six properties on this
block. It was suggested that a resolution be prepared for con-
sideration by Council at its next meeting (January 24th) , with
alternatives as to amount of land to be rezoned. Also, that a
copy of the Planning Commission ' s recommendation on this par-
ticular application be presented, along with a sketch of the
proposed rezoning for the entire block.
MANAGER' S REPORT
Mr. Niccolls called attention to the written Activity Report
that was distributed on Monday.
COUNCILMEMBER INQUIRIES AND COMMENTS
Mr. Hill noted that there was a letter in the Times-Mirror
tonight agreeing with his thoughts that bid figures should not be
published. He still felt that engineers ' bids should be confi-
dential and let the competitor develop his own.
Mrs. Hill asked the status of "No Through Trucks" signs. Mr.
Niccolls said they have been ordered and should be delivered shortly.
They will be installed promptly.
MINUTES OF JANUARY 10 , 1979 MEETING .
Mrs. Hill also asked about the Litter Control Grant-why are
we buying a movie projector for Keep Loudoun Beautiful? She
thought we were to buy litter control equipment for the Town.
Mr. Niccolls explained that the original application concept was
to purchase a "billy goat" type machine that will be used to
vacuum the public parking lots, alleyways, etc.. downtown. We
had hoped the balance would be eligible toward replacement of
our street sweeper, but the agency involved said this was not
an eligible expenditure. An effort was made -to find a suitable
use for this money and people active in litter control and Keep
Loudoun Beautiful were contacted. They suggested a slide show
that could be presented to schools and community groups . The
State said this was a good activity. It is, though, within
Council ' s final discretion - this will come to the next committee
meeting for appropriation. The grant is a very small one and the
stipulations are that it must be used for legitimate litter control
and public awareness programs .
Mr. Tolbert called attention to a deep rut on East Royal
Street in the vicinity-of Payne'sHeating and Cooling. Also, he
noted some trucks parked on Harrison Street that block the view
coming onto Harrison Street from East Royal .
79-1 - Resolution - Accepting Loudoun Hills storm and sanitary
U: sewer easements.
On motion of Mr. Tolbert, seconded by Mrs . Hill, the fol-
lowing resolution was proposed and unanimously adopted :
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I . The easement by and between Leesburg Develop-
ment Company and the Town of Leesburg recorded November 8 ,
1978 , in Deed Book 713 , page 357 through 360 , is hereby
accepted.
SECTION II. The sanitary sewer easement by and between
Leesburg Development Company and the Town of Leesburg,
which was recorded November 8 , 1978 , in Deed Book 713 ,
page 361 through 364 , is hereby accepted.
Aye : Councilmembers Herrell , D. Hill , M. Hill , Murray,
Tolbert and Mayor Rollins .
Nay: None.
79-2 - Resolution - Establishing an annual Architectural Awards
Program.
On motion of Mr. Herrell , seconded by Mr. Tolbert , the fol-
lowing resolution was proposed :
WHEREAS, Council Resolution No. 78-145 requested the
Leesburg Board of Architectural Review develop criteria
for the establishment of an annual awards program for
the purpose of recognizing significant and noteworthy
preservation and conservation projects within the Town;
and
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WHEREAS, the Board of Architectural Review has recommended
such a program:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I . The following annual architectural preservation
award program is hereby established:
(a) Three categories of awards shall be considered by the
Awards Committee.
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MINUTES OF JANUARY 10 , 1979 MEETING. 254
1) A building restoration, rehabilitation, construction
or reconstruction by a private individual;
2) A building restoration, rehabilitation, construction
or reconstruction by a business or commercial enterprise;
3) A general preservation or conservation project by a
community group or organization.
(b) The criteria to be considered for the awards shall in-
clude :
1 1) Authenticity of materials and design
2) Effort
3) Contribution to community and cultural heritage
4) Usefulness
5) Quality
CA 6) Innovation
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1-1 (c) An award shall consist of an official town"Certificate
Ca of Appreciation" .
C] (d) The Awards Committee shall consist of five members ,
appointed on an annual basis by the Council , who possess
a knowledge of and have demonstrated an interest in the
historical heritage of the Town of Leesburg and shall
include:
1) One member of the Town Council;
2) One member of the Planning Commission;
3) One member of the Board of Architectural Review;
4) Two members at large - one of whom should be an
architect or individual with adequate experience in
the field of historic preservation.
(e) Projects completed within the calendar year preceding
April 1 of each year shall qualify for consideration by
the Awards Committee. However , only projects of the
highest quality or merit shall be given awards and the
Awards Committee will be under no obligation to make an •
award in any category.
SECTION II . The following persons are hereby appointed for
one-year terms to the Architectural Awards Committee :
(a) Town Council member - John W. Tolbert, Jr.
(b) Planning Commission member - Marylou Hill
(c) Board of Architectural Review member - James N. Wilhoit, III
(d) At large members - Teckla H. Cox
Rev. W. Brown Morton, III
There was some little discussion concerning the fact that the ap-
pointment of Marylou Hill as the Planning Commission member makes
two members from the Council . However, it was felt that, in this
case, she would be representing the Planning Commission. The reso-
lution was unanimously adopted:
Aye: Councilmembers Herrell , D. Hill , M. Hill , Murray,
Tolbert and Mayor Rollins.
Nay: None.
255
MINUTES OF JANUARY 10 , 1979 MEETING.
79-3 - Resolution - Endorsing local problems, goals and objectives
for the Leesburg Police Department during fiscal
year 1980 . '
On motion of Mrs. Hill, seconded by Mr. Murray, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The law enforcement problems, goals and objectives trans-
mitted with a memorandum to the Council dated December 28 ,
1978 , are hereby endorsed.
It was explained that this is a requirement to receive a
$15, 000 grant from the LEAA. The resolution was adopted by
a vote of 5 to 1 :
Aye : Councilmembers Herrell , D. Hill , M. Hill , Murray
and Tolbert.
Nay: Mayor Rollins .
79-4 - Resolution - Authorizing notice of publication of public
hearing on a preapplication for Community
Development single purpose grant funds.
On motion of Mr. Murray, seconded by Mr. Tolbert, the
following resolution was proposed:
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RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
A Notice of Public Hearing to receive citizen input and
suggestions concerning a preapplication for community
development single purpose funds shall be published in
the Loudoun Times Mirror on January 18 , 1979 , for Public
Hearing on January 24 , 1979 , at 9 : 00 p.m. in the Council
Chambers, 10 West Loudoun Street, Leesburg, Virginia.
Mayor Rollins understood that this application is for storm
drainage work only. Mr. Niccolls said this is true . The pro-
posal being prepared is to do Town Branch from below Hirst ' s
up to the Hospital drainage connection, as well as Fairview
Subdivision storm drainage requirements . Mr . Minor said these
are 100 percent grants and the maximum grant is $400 , 000 . If
the grant is made for a project , it is all a Federal project.
He has recently attended a HUD meeting and the staff went out
of their way to inquire if Leesburg will apply this year since
we skipped last year. He felt we have a better chance this year
than we had two years ago. He also felt we should take the proj-
ect we want and apply for it. Mr. Hill felt that, if we don 't
get this grant , this should not deter us on this project. It is
important and should be done, even if we have to go to a bond
issue for it. Mr. Niccolls explained that Bengtson, DeBell &
Elkin are doing a preliminary design on the Town Branch channel
as an"open"channel and felt we should be able to do this, exclusive
of the bridge at Hirst ' s , for less than half a million dollars .
We have in hand $30 , 000 to $40 , 000 in off-site fees that can be
used toward this. Doing this as an "open" channel should save
more than half the cost. Mr. Hill felt we should make some
progress on this even if we don ' t receive the grant. The reso-
lution was unanimously adopted:
Aye: Councilmembers Herrell , D. Hill , M. Hill , Murray,
Tolbert and Mayor Rollins.
Nay: None.
79-5 - Resolution - Making additional appropriation for the
fiscal year ending June 30 , 1979 .
On motion of Mr. Tolbert, seconded by Mrs. Hill , the fol-
lowing resolution was proposed and unanimously adopted:
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MINUTES OF JANUARY 10 , 1979 MEETING . 256
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
An appropriation is made from the General Fund to
Account No. 2010 . 248 , Dues and Subscriptions , in the
amount of $360 . 00 for the fiscal year ending June 30 ,
1979 .
Aye: Councilmembers Herrell , D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins .
' Nay: None.
Mrs. Hill objected to consideration of a new business item
concerning appropriation for Standpipe Renovation - it should go
back to Committee for further investigation concerning the paint-
ing of the Hospital standtank.
79-6 - Resolution - Making an appropriation for the fiscal year
ending June 30 , 1979 .
On motion of Mrs. Hill , seconded by Mr. Murray, the follow-
ing resolution was proposed:
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RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
G]
An appropriation is made from the Bond Fund to Account
No. 20500 . 805 , Cathodic Protection, in the amount of
$16 , 116 . 00 for the fiscal year ending June 30 , 1979 .
Mr. Hill asked when we will be able to use the new water tank
on the Carr site? Mr. Niccolls explained that we have been
filling, testing, flushing and putting water into the new large
diameter water mains that have been installed by Corman and this
has used a lot of water - we have had production exceeding 1 . 1
mgd doing this work. With water production available from Phil-
lips/Nickels (145, 000 gpd average) , we should be able to put
this tank back in service as soon as this work is finished (a-
bout two weeks) .. We are presently drawing about 40, 000 gpd
from Andover Meadow, approximately 140 , 000 from Phillips-Nickels
and the balance from the other wells already in service . He
was somewhat relieved that we have been able to develop this
additional capacity - it could peak at about L25 mgd with every-
thing operational. Our average usage is about 850 , 000 to
875 , 000 in normal weather.
Mr. Hill asked if we are getting any cost estimates from
Corman on the Evergreen Mill wells before he leaves town? Mr .
Niccolls said Corman has agreed informally to an extension of
the contract we have now for the same unit prices for the pipe
sizes involved - this should be out Friday in the packet and on
the January 24th Agenda. We may hold on the boring - the present
contract unit prices did not include this work. We may want a
little competitive bidding on this work - we don ' t know the most
economical way to do it yet. Corman will give us a negotiated
price for the casing and we could compare it to Perry Engineering' s
price in order to know the most economical way to do it. Corman
has a contractual obligation and they are anxious to do the work.
He said there will be severaldifferent contracts ready for Council ' s
approval at the January 24th meeting. We have very favorable
prices from Singhas to install the pumps, which are ready to
install , and we have good prices on the transmission main. The
pumps are rated ideal for this installation and will pump 669 , 000
gpd . Mr. Hill suggested moving the alternate power generator from
Phillips/Nickels well to these new wells . Mr. Niccolls said plans
are being made to do this, but it is not a large enough generator
to pump both wells at the same time .
Mayor Rollins was dissatisfied with the procedures for re-
zoning and felt a policy should be adopted whereby Council would
hold a public hearing and take action at the following meeting.
MINUTES OF JANUARY 10 , 1979 MEETING. 255
Mr. Murray asked that Mr. Forbes present a sketch showing the
Francis tract and other proposed rezoning in that block. Also,
he would like a list of the property owners on Royal Street. He
was somewhat of the opinion that the entire area from the Trailer
Park to Hirst ' s should be considered for rezoning . There was
rather lengthy discussion concerning this suggestion. Mayor
Rollins asked Mrs . Hill to report to Council as to why the Plan-
ning Commission recommended to rezone only a portion of these
properties . He asked that the Commission ' s recommendation and
the sketch be held after their hearing until the packet dis-
tributed before the Council ' s hearing.
Mayor Rollins asked if any plans have been drawn to re-
pair the ditch on Fairview Street? Mr. Niccolls said there are
no engineering drawings , but there is a cost estimate for simple
installation of pipe in the invert of the ditch, to be done by
Town forces for around $20 , 000 . This was included in the Budget
for last year and removed by the prior Council .
Councilmembers were asked to complete Declaration of Real
Estate Holdings questionnaires and file them with the Clerk of
the Circuit Court as soon as possible . Other members of the
same household having real estate in their names must also file
these forms, even though they may be held as joint tenants .
Et
[+ On motion of Mr. Murray, seconded by Mr . Tolbert, the meet-
ing
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was adjourned at 9 : 10 P .M.
C
Mayor
Clerk of the ' ouncil
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