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HomeMy Public PortalAbout1980_05_28 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 28, 1980 . 236A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on May 28, 1980 at 7 : 30 P.M. The meeting was called to order by the Mayor, with the invocation by Mr. Tolbert, and followed with the Salute to the Flag led by Mr. Murray. 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 and Town Attorney George M. Martin. The minutes of the regular meeting of May 14 , 1980 were approved as written. MANAGER'S REPORT: Mr. Niccolls reported the following : (1) Mr. Taylor has prepared a list of current investments as of today, showing the rates. Note that interest rates are cur- rently falling. (2) He summarized the written Activity Report as follows : (a) A trial date of July 10 has been set in the Billy Martin case, involving Officer Hickman. (b) We have two temporary summer help persons employed in the Public Works Department - one old one and one new. (c) The formal application to HUD for the Community De- velopment Block Grants has. been delivered to HUD and they have ac- ' cepted it and started the formal process for review and approval. They have advised that we can proceed to select engineering and other consultants necessary to get these projects underway. Jeff Minor and Andy Shope are working to get the projects ready for de- sign and construction (d) The contract with the archeologist on.±the .Potter ' s Field property is ready. (e) The annexation decree was actually entered in the records of the Loudoun County Court on May 9 . Copies have been distributed to interested government agencies and departments. A :copy has been sent to the Voting Rights section of the U.S . De- partment of Justice, as requested by Mr. Martin. ( f) Mr. Chaves ' brother and family have immigrated to the United States from Cuba and are in Texas . (g) Concerning the log cabin, the hardware was ordered rather late in the job, so this is holding up some of the final car- pentry work. The painters are going to proceed shortly and the cabin should be ready by the 10th or the 15th of June. The in- terior looks very nice. No bids have been received yet, but there has been substantial interest. A silversmith from Pennslyvania came to look at it. Request for Proposal forms are out, including real estate office, photograph center, etc. —some commercial enter- prises as well as non-profit. (h) The Public Works Department is getting ready to begin the work on Pearson ' s Walk next week - we hope to have it done in two or three weeks . (i), The paving work at the Airport is completed, how- ever, there is more work to be done out there. ( j) The project for improvement of Town Branch Phase IV is on the Agenda tonight - the engineers have a recommendation con- cerning the bidders on that project. COUNCILMEMBER INQUIRIES AND COMMENTS : Mr. Tolbert said the sidewalk in front of Mr. Bodmer ' s resi- dence at 120 Wage Drive really needs some patch work - if they catch it now, they might avoid a dangerous situation. Mr. Niccolls said this will be done during this season. Mayor Rollins commented MINUTES OF MAY 28, 1980 MEETING . 237 that it is in bad shape. Mr. Tolbert also asked if something has been done at Mr. Hough 's residence in Prospect Hills? Mr. Niccolls said the work has not been done yet, but Mr. Chaves has met with him and they have reached an agreement as to what will be done. MAYOR'S REPORT: Mayor Rollins asked that, in the future, the Director of Fi- nance submit cash balances at the Council meetings. 80-59 - RESOLUTION - AUTHORIZING A NEW RATE FOR WATER PUMPED FROM THE PAXTON WELL. On motion of Mr. Tolbert, seconded by Mrs . Hill , the following resolution was proposed: WHEREAS , the Town of Leesburg and the Margaret Paxton Me- morial for Convalescent Children (the "Home") on June 1, 1963 entered into an agreement for the lease of rights CO to the water supply from a well on lands of the Home; and CO WHEREAS , the agreement provides for periodic negotiations (V between the Home and Town over the price paid for water; W and cx Q WHEREAS , the Home and Town have negotiated a new price for water for the period beginning July 1 , 1980 : THEREFORE, RESOLVED by the Council of the Town of Leesburg, in Virginia, as follows : An amendment of the lease agreement dated June 1, 1963 be- tween the Town of Leesburg and the Margaret Paxton Memorial for Convalescent Children is authorized as follows : ' The Town after July 1 , 1980 shall pay the Home as rent for all water pumped from the well the sum of $5, 000 . 00 per year, to be paid in four equal quarterly installments, for the first 54 , 750 , 000 gallons pumped per year plus $0 . 12 per 1, 000 gallons, to be paid on July 1 each year, for water pumped in excess of 54, 750 , 000 gallons per year. Mr. Hill asked when the next negotiating date is? Mr. Niccolls said it is 1984 . Mr. Hill thought the committee was talking about $0 . 09 per 1, 000 gallons . Mr. Niccolls 'said they were at $0 . 18 and they have now "kind of" met at $0 . 12 . We are using Paxton Well as a standby to the other supplies . We have just gotten Evergreen Well #3 back in service - it has a little electrical problem that can be fixed quickly . With normal operations , we will use Paxton far less than this 150 , 000 gpd. We will probably use it at around 100, 000 average, but there would be no water supply need to use more than the 150 , 000 . The resolution was unanimously adopted: Aye : Councilmembers Cole , Herrell , D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins . Nay : None. 80-60 - RESOLUTION - APPROVING A STATEMENT OF CRIMINAL JUSTICE GOALS AND OBJECTIVES AND AUTHORIZING AN APPLICATION FOR DIVISION OF JUSTICE AND CRIME PREVENTION FUNDS FOR 1981 . On motion of Mrs . Hill, seconded by Mr. Herrell, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The Manager is authorized to transmit to the State Division of Justice and Crime Prevention Leesburg ' s Part I, Goals and Objectives Statement for 1981 being the same as attached with a memorandum to the Council dated May 23 , 1980 . MINUTES OF MAY 28 , 1980 MEETING. 238 SECTION II . The Manager is authorized and directed to sub- mit a project input form to the Northern Virginia Planning District Commission for Division of Justice and Crime Pre- vention funds to support second year funding for the town ' s selected neighborhood assistance program. Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay : None. 80-61 - RESOLUTION - INITIATING ZONING ORDINANCE AMENDMENTS . On motion of Mr. Cole, seconded by Mr. Murray, the following resolution was proposed: WHEREAS, the public necessity, convenience, general welfare and good zoning practice require amendment of the regulations and district boundaries contained in the Leesburg Zoning Ordinance; and WHEREAS, draft zoning amendments dated May 16, 1980 have been prepared: RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : SECTION I. Amendments to the Leesburg Zoning Ordinance are hereby initiated in the form of a draft zoning ordinance dated May 16 , 1980 . SECTION II . These proposed amendments shall be transmitted to the Planning Commission which conducts the hearing re- quired by Section 15. 1-431 and shall make a recommendation to this Council as to the amendments proposed, along with a statement fully setting out its reasons for its recommenda- tions as required by law. Mayor Rollins asked how this originated? Mr. Niccolls explained that in 1974 the Comprehensive Plan recommended a new Zoning Ordi- nance for Leesburg . In 1976 Council asked him to prepare a new Zoning Ordinance, based on models that had been suggested by Rosser Payne. In 1977, they reviewed them. Out of that, the Subdivision and Land Development Ordinance was adopted about a year ago. Coun- cil has adopted many of the provisions of that 1977 draft over the years (the Sign ordinance , Home Occupations , Flood Zone and some other technical sections) so it seemed that now was a good time to codify it (put it in a more organized layout and to get it in as part of the Town Code) . Mayor Rollins asked if this will change the existing zoning? Mr. Niccolls said it will not change theZoning Map until Council reviews the Map and decides what, if any, changes are appropriate in accordance with the new ordinance. This ordi- nance will not go into effect until such time as Council makes this review. Mr. Herrell asked who will review the map - the Council, Planning Commission or the staff? He felt it should be the Council. Mrs. Hill thought the Planning Commission should make the recommenda- tion though. Mr. Niccolls agreed. Mayor Rollins asked what these proposed changes would do? Mr. Niccolls explained that the present ordinance is a separately enacted piece of legislation that exists outside the Code - it would become a part of the Code. In addition, this new draft ordinance rewrites many of the sections of the exist- ing ordinance - some of the sections are not written in sentences - it has technical defects that need correction. Mayor Rollins asked the meaning of an "agricultural" district? Mr. Niccolls said we do not need "agricultural " districts in the present corporate lim- its, but if these limits are ever extended outside the present limits , it would be appropriate to designate those in an "agri- cultural" district, if they are agriculturally used at that time. Council would later decide how they should be rezoned. When you annex land, it automatically comes in as "R-1" . Mayor Rollins thought it came in as it is zoned in the County. Mr. Niccolls, however, understood this was the case in our recent annexation case. The existing ordinance provides for land to come in "R-1" . Under the new ordinance, land annexed would be classified as agricultural until reclassified in accordance with the State Code. The Planning MINUTES OF MAY 28, 1980 MEETING. 23 Commission would then recommend a zoning plan within 180 days of the effective date of the annexation. Mr. Martin agreed with this and said the town should take steps to quickly rezone that portion that was "commercial" in the County to "commercial" in the Town . The property just annexed will be considered after Janu- ary 1 . Mayor Rollins asked what will initiate the rezoning of this property? Mr. Niccolls said this can be done by the Council, a petitioner or landowner or the Planning Commission - there are different steps in the process for each of these three cases. Mr. Herrell felt this could be a real stumbling block to someone wanting to be annexed, particularly if he is sitting on commercial land and it comes in as residential. Mr. Martin believed the Town 's annexation ordinance can provide for the most restrictive use. The public would be put on notice and they can come and oppose the an- nexation - then you could change the zoning in the decree. Mr. Niccolls said the State law says that zoning ordinances shall in- clude a provision dealing with annexed land. He believed our ordinance would govern it. Councilmembers felt it would not be fair to downgrade the zoning as it comes in under annexation. Mr. Niccolls said State law says you should not deny anyone their lawful property rights permanently in an annexation, but there are cases where the Town and the County zoning ordinances are not com- Q) patible. The Stateilaw• recognizes that there is a transition per- Q) iod. Mayor Rollins asked what justification Mr. Niccolls can give Nthe Council to adopt this resolution to send this to the Planning W Commission? Mr. Niccolls said the present ordinance is defective in many ways and needs correction. The basic problem is that it Q is difficult to interpret and it has clear ambiguities that need Q to be corrected. A specific zoning category is needed for the downtown area. Mr. Herrell had no problem with sending this to the Planning Commission, the problem comes afterwards with the Zoning Map. The staff started working on the map several years ago and it was the consensus then that we file it in a"circular" file. He didn 't feel Council should have to make a final decis- ion on this. Mr. Hill did not feel Council should look at the map all at one time - it should be done in segments, with public hearings to be held on one particular segment at a time. Mr. Herrell felt it would affect only a few people - he would not vote for it if it will affect too many properties . Mayor Rollins asked if it necessarily follows that there would have to be a change in the zoning map? Mr. Niccolls said there will be some changes to be made merely to classify •the property .without affect- ing the zoning. on that property. - just to get the letter aesigna- tion corrected, without changing any boundary lines and without removing any property from a residential category, etc. For instance, the present zoning map doesn ' t seem to have any certifi- cation on it, which seems to be required should it have to be presented in Court. He hoped they would adopt a new zoning map, even if it has no changes on it. This does not propose to down- grade, up-grade or change anybody ' s property. You can have a zoning category in the text that you may not initially put on a map, but it is available for changes or for a new territory which might come into town . The resolution was adopted by a vote of 6 to 1 : Aye: Councilmembers Cole, Herrell , D. Hill, M. Hill, Murray and Tolbert. Nay : Mayor Rollins . 80-62 - RESOLUTION - AUTHORIZING AN AGREEMENT FOR MISDEMEANOR PROSECUTION. On motion of Mr. Murray, seconded by. Mrs . Hill, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, in Vir- ginia, as follows : The manager is authorized and directed to enter into an agreement with the County of Loudoun for misdemeanor prosecution from July 1, 1980 to June 30 , 1981 at a cost not to exceed $120 per month. 2n 0 MINUTES OF MAY 28, 1980 MEETING. 7t Mr. Tolbert asked what this $120 . 00 per month is for? Mr. Niccolls explained that this compensates the County for the services of those people in the Commonwealth ' s Attorney ' s office for the work on misdemeanor cases . Mr. Horne said last week that he is agreeable to the $120 . 00 per month (this would be a continuation of the present agreement)- he will talk to Phil Bolen, but he could see no change for the coming year. This is paid to the County - it does not go to the Commonwealth ' s Attorney ' s ac- count or offices . He was not sure the Commonwealth 's Attorney has any obligation to try our cases. The Town of Leesburg mis- demeanor cases are tried in the Court and the fines accrue to the Town. Because of this, it is appropriate for us to pay for this service. Mr. Hill asked where the fines go for cases tried outside the town - do they go back to the County or to the State? Mr. Martin thought if it is a violation of a County ordinance, it would go to the County, but if it is a violation of a State statute, it would go to the State Treasurer. Mayor Rollins said the Commonwealth ' s Attorney is a constitutional officer elected by the people of this County - why should the Town of Leesburg or any other municipality pay the County for his services, over which they have absolutely no control? Mr. Martin said, under the statutes, he can be a Town Attorney if the Town appoints him. Mayor Rollins said the Town hasn 't done that - so what authority does the County have to contract with the Town for his services? Mr. Martin felt it is questionable indirectly, it means the taxpayers of the County have to pay less taxes to pay his salary. You either pay him directly for his services as a Town Attorney or you pay it into the Treasury, and that means they have to col- lect less money. Mr. Horne has stated he will not take any fees outside of his Commonwealth 's Attorney ' s salary. Further discus- sion continued on this matter, with no real conclusion. The reso- lution was adopted by a vote of 5 to 1, with 1 abstention : Aye : Councilmembers Cole, Herrell, M. Hill, Murray and Tolbert. Nay : Mayor Rollins . Abstention: Councilmember D. Hill. 80-63 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING PER- FORMANCE BOND AND APPROVING A MAINTENANCE BOND FOR LOT 24 OF PARKER SUBDIVISION ON SOUTH STREET. On motion of Mrs . Hill, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the developer of Lot 24 of Parker Subdivision on South Street has completed public improvements in accord- ance with town standards and specifications and these have been inspected and approved and the as-built drawings have been submitted and approved: THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The public improvements for Lot 24 of Parker Subdivision are accepted for public use by the town. SECTION II . The cash performance bond in the amount of $5 , 654 . 11 is released and a cash maintenance bond in the amount of $300 .00 is approved. Aye: Councilmembers Cole, Herrell , D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins. Nay : None. 80-64 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING PERFORMANCE BOND AND APPROVING A MAINTENANCE BOND FOR LOT 38 OF PARKER SUBDIVISION ON PARKER COURT. On motion of Mr. Cole, seconded by Mr. Murray , the following resolution was proposed and unanimously adopted: MINUTES OF MAY 28 , 1980 MEETING . 241 WHEREAS , the developer of Lot 38 of Parker Subdivision on Parker Court has completed public improvements in ac- cordance with town standards and specifications and these have been inspected and approved and the as-built draw- ings have been submitted and approved: THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The public improvements on Lot 38 of Parker Subdivision are accepted for public use by the town. SECTION II. The cash performance bond in the amount of $3 , 546 . 00 is released and a cash maintenance bond in the amount of $200 .00 is approved. Aye : Councilmembers Cole, Herrell , D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins . Nay : None. 80-65 - RESOLUTION - AUTHORIZING EAST LOUDOUN STREET REHABILI- TATION. COCO On motion of Mr. Herrell , seconded by Mr. Tolbert, the N following resolution was proposed : W RESOLVED by the Council of the Town of Leesburg, Virginia, Q as follows : Q SECTION I. The manager shall schedule rehabilitation of the Loudoun Street section between King and Church Streets; SECTION II . An appropriation is made from the General Fund to Account No. 10110 . 834 - Loudoun Street Rehabilitation, in the amount of $25, 000 for the fiscal year ending June 30 , 1981. Mayor Rollins asked why this would come out of the 1981 Budget. Mr. Niccolls explained that the work won 't start on this until the 1981 fiscal year. Mr. Niccolls explained that the existing brick sidewalk will be removed up to this end and the concrete walk a little further on between King and Church Streets on both sides . The sidewalks will be re-established and rebuilt at a slightly different grade, minor adjustments so that they are both in the same elevation. After this work is done and the curb, gutter and sidewalk are in, the existing pavement will be stripped and regraded to the new centerline elevations suggested by the en- gineer. This will then allow for resurfacing in that block. There will also be some minor drainage improvements at the lower end. Mayor Rollins asked about the new brick sidewalks? Mr. Niccolls felt the new brick standard, which calls for brick to be laid dry on sand, is the correct way to go. The long-term maintenance out- look is very good. The resolution was unanimously adopted: Aye: Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay : None. 80-66 - RESOLUTION - AUTHORIZING A CONTRACT FOR CONSTRUCTION OF PHASE IV STORM DRAINAGE IMPROVEMENTS . On motion of Mr. Tolbert, seconded by Mr. Cole, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The manager is authorized and directed to enter into a lump sum contract with D. W. Miller, Inc. of Huntingdon, Pennsylvania for Phase IV Storm Drainage Improvements, in accordance with contract documents, 24 MINUTES OF MAY 28, 1980 MEETING. Y plans and specifications dated April 1980, prepared by Bengtson, DeBell, Elkin and Titus , and the bid proposal submitted May 12, 1980 by D. W. Miller , Inc. at a con- tract price of $326 , 933. 00 . SECTION II. An appropriation is made from the General Fund to Account NO. 10110 . 854 , Storm Drainage - Town Branch ( IV) , in the amount of $330 , 000 for the fiscal year ending June 30 , 1981 . Mr. Cole explained that, after checking out the two low bidders, Bengtson, DeBell, Elkin & Titus recommended going with the sec- ond low bidder. The low bidder did not have the equipment to do the job, they were planning to use only six employees and they did not have the experience in this kind of work. They are work- -% ing in southwest Virginia now, so could not start the project un- til September - it is hoped to have the work done by that time. Mr. Niccolls said the proposed contractor is an_eNperienced large contractor with sufficient financing and means to complete this project on schedule. The resolution was unanimously adopted : Aye: Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay : None. Mayor Rollins advised Council that Howard M. Willis, Jr. has resigned from the Board of Zoning Appeals, effective June 30 , due to his election to the Council. A letter has been received from Judge Penn accepting his resignation and asking for a suitable replacement for his unexpired term. He felt it appropriate to make a recommendation tonight to submit to the Judge. 80-67 - RESOLUTION - RECOMMENDING APPOINTMENT TO BOARD OF ZONING APPEALS. On motion of Mr. Herrell, seconded by Mr. Tolbert, the follow- ing resolution was proposed and unanimously adopted: WHEREAS, Howard M. Willis , Jr. is a member of the Leesburg Board of Zoning Appeals, and WHEREAS, Howard M. Willis, Jr. was elected to the Leesburg Town Council on May 6 , 1980, thereby creating a vacancy on. the Board of Zoning Appeals; RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Council recommends the appointment of Benjamin F. Jackson to the Board of Zoning Appeals to fill the unexpired term of Howard M. Willis , Jr. , said term to expire December 31 , 1982, and the Mayor is directed to send Council ' s recom- mendation to the Judge of the Circuit Court. Aye: Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins. Nay : None. Mayor Rollins asked Mr. Martin to prepare the appropriate Order concerning this appointment. On motion of Mr. Murray, seconded by Mrs. Hill, Council voted unanimously to go into executive session to consider certain legal and personnel matters : Aye : Councilmembers Cole, Herrell , D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay : None. Council reconvened and on motion, dulyy seconded, voted unani- mously to adjourn, with no action taken. --i/ `f / Mayor Clerk of e Council