HomeMy Public PortalAbout1980_01_09 126
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY- 9 , 1980 .
A regular meeting of the Leesburg Town Council was held in
the Council Chambers , 10 West Loudoun Street, Leesburg, Virginia,
on January 9, 1980 at 7 : 30 P .M. The meeting was called to order
by the Mayor, with the invocation being given by Mr. Tolbert, and
followed with the Salute to the Flag led by Mr. Herrell . Present
were : Mayor Kenneth B . Rollins, Councilmembers Glen P. Cole,
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 Engineering Andrew
G. Shope, Director of Finance Donald 0. Taylor, Chief of Police
James M. Kidwell and Town Attorney George M. Martin.
The minutes of the regular meeting of December 12 , 1979 were
approved as written.
MANAGER' S REPORT:
(1) Mr. Niccolls called attention to the written Activity
Report distributed tonight.
(2) The Loudoun County Board of Supervisors will hold a public
hearing on the proposed annexation to the north corporate limits at
its meeting tomorrow night. The Mayor has indicated that Council
might wish to be represented at that hearing.
( 3) Council has received several annual reports recently, in-
cluding those from the Planning Commission, the Community Develop-
ment Department and the Police Department;.also, a Capital Projects
report for the period ending December 31 , 1979 . In addition, Mr.
Taylor has provided an investment schedule showing where and at
what interest rates the Town ' s idle funds are now invested. This
shows another aspect of that Department ' s operations . He mentioned
that the town will earn over half a million dollars in interest on
idle funds during the fiscal year. This is due largely to the un-
spent bond funds on the Potomac Plant.
(4) A meeting has been arranged in the Northern Virginia
office of the State Water Control Board for January 23rd to dis-
cuss Leesburg ' s Step I planning process, this having to•do with
the expansion and upgrading of the Sewage Treatment Plant. Council
will want to reconsider those policy positions that were discussed
the latter part of 1979 as to exactly what steps Leesburg is going
to take to upgrade the facility . This is an important meeting.
(5) The two furnaces in the basement of this building need
to be replaced - one is hazardous and only temporary repairs are
possible. We have received a favorable bid to replace the two fur-
naces with a single unit - $1, 700 . 00 - in addition to being far
more efficient, it will also preheat hot water for domestic con-
sumption for the apartments upstairs . It is essential from a
a safety point of view to go ahead with this work promptly.
(6) The Fairview Subdivision storm drainage project is ac-
tively under construction - he is doing a good job considering the
weather, even tho he is having some problem with keeping the streets
free of mud. He has been instructed to keep the streets in as good
condition as possible .
(7) The cablevision franchise documents are at the Cable
Information Center for review.
(8) Our officer who, according to Press reports , was named
in a Federal lawsuit has still not been served by the U. S . Mar-
shals . Contact with the District Court in Alexandria indicates
that the officer is named a defendant, though the Town has not been
named. The Town carries police professional liability insurance
so his defense will be covered. An investigation has already been
undertaken by the attorneys responsible for the insurance coverage
and they feel the officer is in no jeopardy from this suit, nor is
the town, and that a successful defense can be raised.
(9) The water system leak detection contract got underwaN\
this week.
MINUTES OF JANUARY 9, 1980 MEETING. 127
(10) At Council ' s places are materials pertinent to nego-
tiations that have been going on the last week or so concerning
financial changes at the Airport. Our FBO has suffered some fi-
nancial reversals and has been searching for some recapitalization.
All indications are that their search has been successful and that
two new investors will purchase a majority interest in Century
Aviation . The two operating officers in the company will not change.
The new owners appear to be financially capable, but we have re-
quested a substantial amount of financial and other information from
these investors so that a report will be made to the Airport Com-
mission next week. A recommendation will be made to the Council for
consideration at its second meeting in January . We hope this will
be a successful effort on their part.
COUNCILMEMBER INQUIRIES AND COMMENTS :
Mr. Hill commented that this time last year our water supply
was critical. A prior Council had done a lot of ground work on this
and this Council picked it up and went forward with it. Today we
are in great shape so far as water goes . There have been a lot of
achievements in 1979 . He thanked the Mayor and Council , as well as
the management and staff, for an outstanding effort on their part.
However, we can' t stop here. The 80 ' s throw out a great challenge
to us - there are things to look at and accomplish and, hopefully
with the guidance of God, we can make the proper judgments . He
hoped everybody would have an open mind and realize that this is
not an easy job . His judgments are rendered conscientiously, with
everyone in town in mind, and he will continue to do this . He
hoped the people would think about how they would react if they were
in the position of councilmembers . The achievements this past year
have been accomplished as a body.
Mrs. Hill asked the status of the town acquiring the Pearson
alleyway going into King Street? It has been quite hazardous this
past week. Mr. Niccolls said Mr. Pearson has indicated that he is
' quite willing to dedicate this alleyway to the town. The town had
it appraised and an instrument was prepared for him but he feels it
was based on a survey of 1969 so he is having the survey updated.
DeLashmutt Associates has been asked to prepare this survey at his
expense. We presume he will present the deed of dedication to us
after that has been done. He is away on a trip for two weeks .
Mr. Tolbert thanked Mr. Hill for his remarks.
MAYOR' S REPORT:
Mayor Rollins echoed Mr. Hill ' s remarks concerning the water
situation. He feels that Council made one of . the most historical
decisions that has been made in a long time with regard to going
to the Potomac for water. Every time there is a dry spell we have
no water. He was happy that this decision was made unanimously and
hoped it is the right one. When we get water from the Potomac , it
will be soft water. This is a very clean section of the river and
there is nothing in the foreseeable future upstream that will cause
pollution. He hoped this problem has been solved for their lifetime
and that of their children.
Mayor Rollins also asked Mr: '.Niccolls if the Town 'has its posi-
tion intact for the meeting of the Water Control Board in Northern
Virginia? Mr. Niccolls said the last time this was discussed, there
was a range of options and it is his intention to work this up as a
proposed policy for Council ' s consideration. However, this will have
to be done at either a special meeting or a meeting of the committees .
Simply stated, the town ' s position is to secure their approval of ex-
pansion of the plant with the least amount of upgrading. It is felt
that this meets appropriate standards for the watershed and its
operating costs would be unnecessarily raised by adding tertiary
treatment or other higher levels . Mayor Rollins felt the Utility
Committee can make this decision.
128 MINUTES OF JANUARY 9 , 1980 MEETING .
80-0-1 - ORDINANCE - AMENDING CHAPTER 2 . 1 OF THE TOWN CODE RE-
GARDING THE MEMBERSHIP OF THE AIRPORT COM-
MISSION.
On motion of Mr. Tolbert, seconded by Mr. Herrell, the fol-
lowing ordinance was proposed :
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I . Sec . 2 . 1-2 of the Town Code is hereby amended
to read as follows :
Sec. 2 . 1-2 . Airport commission created.
The Leesburg Airport Commission consisting of six
members and hereinafter called the "commission" is cre-
ated. The members shall be appointed by the council for
terms of four years each beginning on July 1st of the
year of appointment. An appointment to fill a vacancy
shall be appointed by council to serve as liaison with
the commission and for a term concurrent with the mem-
ber ' s term of office.
The commission shall elect its convenor annually
and may elect one of its members as its secretary. The
commission shall meet monthly or as determined by the
commission.
SECTION II . This ordinance shall be in full force and
effect from its passage.
There was discussion concerning whether or not the sixth member
should be appointed now or as of July 1st. It was felt that the
appointment should be made now. The Commission will probably sub-
mit names for appointment by Council ' s next meeting. The ordi-
nance was unanimously adopted:
Aye : Councilmembers Cole, Herrell, D. Hill , M. Hill , Murray,
Tolbert and Mayor Rollins .
Nay: None.
PROPOSED RESOLUTION REQUESTING A LOCATION AND DESIGN PUBLIC HEAR-
ING ON ROUTE 7 WEST IMPROVEMENTS .
On motion of Mr. Cole, seconded by Mr. Hill , a resolution re-
questing a location and design public hearing on the Route 7 West
improvements was proposed. A schematic drawing of the proposed
improvements was drawn on the blackboard and explained by Mr.
Niccolls . Mrs . Cecil Dickson distributed to Councilmembers a
sketch of an alternate plan proposed by Mr. Ed Reeves, a resi-
dent of the area in question . Mrs . Lowell Riley, also a resident
of the area, had yet another proposal for correcting the danger-
ous intersection at the west "Y" . Both of the above proposals
would eliminate the need for one-way traffic on either Market or
Loudoun Streets . Mr. Emmett Jackson, a resident of Ayr Street,
raised the question of parking on that street if the proposed plan
is developed - there would be no place for these people to park.
He suggested that the town might buy some land from Mr. Babson
for parking purposes . A letter expressing opposition to the one-
way plan from the Loudoun County Fire-Rescue Association was read
by Mr. O. R. Dube, Fire Marshal for Loudoun County and the Town
of Leesburg. Mr. James B. Anderson, II, Chief of the Leesburg
Volunteer Fire Company, readinto the record a letter in oppo-
sition to any one-waying of Market and Loudoun Streets . In addi-
tion, Mr. Anderson voiced objections to the use of Ayr Street be-
cause of the short turning radius for large pieces of equipment,
not only Leesburg ' s but those of other fire and rescue companies.
There was some discussion concerning this between Mr. Anderson,
Mr. Hill and Mr . Herrell . Mr. Harry Householder, President of the
Loudoun County Rescue Squad, also read into the record a letter
opposing one-way streets and cited as an example what could happen
to a cardiac arrest patient in the extra length of time to reach
the hospital . He suggested "knocking off the hump" and some minor
MINUTES OF JANUARY 9 , 1980 MEETING .
129
Efaffic changes rather than the one-way streets . Mrs . Helen
Fleming, a resident of Mosby Drive, asked that the streets be
left as they are and cited as an example two times in the last
two and a half years when the fastest route to the hospital saved
her husband ' s life. Mr. William McDonald understood that no hard
firm revision has come back from Richmond. Mr. Niccolls said every-
thing except the two reverse curbs is final . Mr . McDonald, there-
fore, felt Council would be asking for a hearing on an incomplete
project, and one for which the cost is unknown. He said the im-
mediate residents of the area are100 percent opposed to the project;
95 percent of the community is against it; the fire companies and
rescue squads are against it and the Times-Mirror has pointed out
the folly of the project. He felt Council should take another look
at this project in the face of this opposition. Mrs . Marie House-
holder said that every rescue squad west of Leesburg has to come
in Market Street to get to the hospital - there is no other way and
the minutes count. Mr . Cecil Dickson said, if this project goes
through, all the school buses from Catoctin Elementary and the
high school will have to come out on Ayr Street . This would be
very difficult since the heavy traffic starts about 3 : 40 p.m. and
there are traffic back-ups to King Street now. Also, how would
those people living in that block get out during this peak flow
CO of traffic? Those people living in this block would have to go
CO down to the corner and turn to get onto Market Street; so would
N those from the churches off of Market Street. The people down-
W town don 't realize what this plan proposes . Mrs . William McDonald
asked that Councilmembers please remember they represent the people
Q in voting on this project - there has not been one voter that has
Q expressed a desire for this project. This. '.is ,still• 'ai.democracy [.
and she admonished Council to remember this . Miss Nancy Rogers
did not feel enough emphasis had been placed on the danger to the
school buses , as well as the fire and rescue vehicles. She asked
whose idea this was in the first place? Mr. Murray said this was
a request from a previous Council - they asked the Highway Depart-
ment to study this an come up with a recommendation. Mr. Hill
asked if she felt thathhest Loudoun Street and Market Street in-
' tersection is safe for school buses? Miss Rogers said No, but
she felt it is more safe than turning off of Ayr Street to get
on West Market Street, even with traffic control . Mr. Hill felt
this is safer than the present intersection. Miss Rogers did
not agree with this. Mrs . Riley said her plan would cut out
this turn. Mrs. Rosalee Dietz said the state of the country is
pretty bad right now and she did not feel this is the time to
think about spending money on something the people don 't want.
Mayor Rollins asked if there are to be two lanes between
Ayr and Morven Park Road? Mr. Niccolls explained that there would
be two 11-foot lanes , with a left turn acceleration lane out of
Ayr Street and deceleration and left turn storage lanes at Morven
Park Road. The standard lane width is 12 feet, but Council asked
that the Highway Department reduce this to 11 for this project.
The present lanes are approximately 10 feet. Mr. Herrell felt
that parking on Ayr Street would certainly have to be looked at.
Also, regardless of whether you turn out of Morven Park Road to
the right or the left, you are in the middle of the road in order
to make the turn. The intersection of Loudoun and Market are bad
as well. As for the drainage, he felt the town would spend mole.;
for this drainage than its percentage of the entire project. He
agreed that there has been no-one in favor of the project, but
there are definitely problems that need to be corrected. He
1/- thought they should go ahead with the hearing and let these people
express their opinions at that hearing. Mr. Murray understood
the Highway Department would provide two spaces for parking where
there were none . Mr. Herrell did not feel it is up to Council to
provide parking spaces for all the residents,al.thoughthis was done
for the Cornwall Street residents . Mayor Rollins said he was go-
ing to vote against this resolution - he has always been disturbed
about making this one way. It is an inconvenience for the people
in western Loudoun to have to make a "Z" to get to all points north.
He has never favored one-way streets because he does not think the
cross streets are sufficient to carry the volume of traffic . Also,
it seems to him that the more this plan is revised, the worse it
gets - if we are going to build a road, let ' s do it right and make
MINUTES OF JANUARY 9 , 1980 MEETING.
130
the lanes 12 feet wide . He could not fathom the judgment of hav-
ing two lanes going west just for one block . The resolution was
then defeated by a roll call vote of 4 to 3 :
Aye : Councilmembers Cole, D. Hill and Murray.
Nay : Councilmembers Herrell, M. Hill, Tolbert and Mayor
Rollins .
80-1 - RESOLUTION - AUTHORIZING LEGAL ACTION FOR CORRECTION OF
ERRONEOUS TAXES PAID BY BARBER AND ROSS COMPANY .
On motion of Mrs . Hill, seconded by Mr. Tolbert, the follow-
ing resolution was proposed :
WHEREAS , Barber and Ross Company, a manufacturer exempt
from business license taxes under Section 58-266 . 1 (4) of
the Code of Virgina, erroneously paid business license
taxes between 1969 and 1978 ; and
WHEREAS, Barber and Ross Company applied to the town for
a refund of erroneous business license taxes and received
$7, 397 for tax years 1976 , 1977 and 1978 , pursuant to
Sections 58-1141 and 58-1152 . 1 of the Code of Virginia;
and
WHEREAS, the Code of Virginia prohibits refund of errone-
ous taxes when the application for refund is made more than
three years after the last day of the tax year for which
the taxes were assessed except by application to the ap-
propriate court pursuant to Section 58-1145; and
WHEREAS, the payment of the license taxes for the years
1969 through 1975 was improper and based on an obvious er-
ror and should be corrected in order that the ends of jus-
tice may be served :
THEREFORE, RESOLVED by the Council of the Town of Leesburg
in Virginia as follows :
The Town Attorney, on behalf of the Finance Director and
the Town, is authorized and directed to apply to the ap-
propriate court for correction of erroneous business li-
cense taxes paid by Barber and Ross Company for the tax
years 1969 through 1975 inclusive.
Mr. Hill asked if we would be setting a precedent by doing this?
Also, has the County ever been in violation and gone back further
than the time allowed by statute? Mr. Herrell. said the committee
felt that the town made a mistake and should correct it. Barber
and Ross paid in good faith. Mr. Hill pointed out that "ignorance
of the law is no excuse. " Mr. Niccolls said there are two statutes
of limitation apparent in the Code - one that has a specific three-
year time limit and one that has no limitation but where "the ends
of justice" should be found . The General Assembly gives discretion
as to unusual cases . He felt this would be setting a precedent, but
he believed there will be no other cases of a similar type. Mr.:
Turner said his c14ent will pay for the, ,costs . The resolution was
adopted by a roll call vote of 6 to 1 :
Aye: Councilmembers Cole, Herrell , D. Hill, M. Hill , Murray
and Tolbert.
Nay : Mayor Rollins .
Mr. McDonald publicly thanked Council and Mr. Niccolls for
their time and patience in listening to them with regard to the
West Market Street project.
MINUTES OF JANUARY 9 , 1980 MEETING.
131
80-2 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC
HEARING ON PROPOSED AMENDMENTS TO THE LEESBURG
ZONING ORDINANCE .
On motion of Mrs. Hill, seconded by Mr. Cole, the following
resolution was proposed :
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
A notice of public hearing to consider proposed amendments
I/ to the Leesburg Zoning Ordinance regarding Article 9 - Ad-
ministration and Enforcement and Article 9A - Landscaping
and Screening shall be published in the Loudoun Times-Mirror
on January 24 , 1980 and January 31, 1980 for a public hear-
ing on February 13, 1980 at 7 : 30 P .M. in the Council Cham-
bers, 10 West Loudoun Street, Leesburg, Virginia.
Mrs. Hill explained that the Planning Commission voted in favor of
this 4 to 2 . This includes "proffering" , the zoning permit, the
administrative duties and landscaping in commercial areas. Mr.
Herrell was not in favor of "proffering" - if the Zoning Adminis-
QO trator is looking around town for all these things, he will have
CO 3 or 4 people working for him. If the town is going to be doing
CO everything, then let ' s get it. all .under :the town . There was dis-
cussion concerning proffering between Councilmembers M. Hill and
Herrell. The resolution was adopted by a roll call vote of 4 to
Q 3 :
Q
Aye : Councilmembers Cole , D. Hill, M. Hill and Murray.
Nay : Councilmembers Herrell, Tolbert and Mayor Rollins .
There was discussion concerning the CenturysAviation lease
at the Airport. Mr. Niccolls said information concerning the pro-
posed new owners and a stock transfer should be in for a meeting
of the Airport Commission next week and to the Council for action
at its next meeting.
80-3 - RESOLUTION - MAKING AN APPROPRIATION FOR INSURANCE FROM
THE AIRPORT FUND.
On motion of Mr. Hill, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted :
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
An appropriation is made from the Airport Fund to Account
No. 30000 . 263, Insurance, in the amount of $1 , 600 . 00 for
the fiscal year ending June 30 , 1980 .
Aye : Councilmembers Cole, Herrell, D. Hill , M. Hill, Murray,
Tolbert and Mayor Rollins.
Nay : None.
On motion of Mrs . Hill , seconded by Mr. Cole, Council voted
unanimously to go into executive session to discuss legal matters :
Aye : Councilmembers Cole , Herrell , D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay : None.
Council reconvened, with no action taken. On motion of Mr.
Murray, seconded by Mr. Tolbert, the meeting was adjourned.
//�//n Mayor
Clerk of t i Council