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HomeMy Public PortalAbout1981_02_11 16 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARING ON PROPOSED ZONING ORDINANCE AMENDMENTS, FEBRUARY 11, 1981 . A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on February 11 , 1981 at 7 : 30 p.m. The meeting was called to order by the Mayor , with Mr. Tolbert giving the invocation, and followed with the Salute to the Flag led by Mr. Herrel]. • Present were Mayor Kenneth B. Rollins, Councilmembers Charles A. Bos, Stanley D. Herrell, Jr. , G. Dewey Hill, Jr. , Marylou Hill, John W. Tolbert, Jr. and Howard M. Willis, Jr . ; also Town Manager John Niccolls and Town Attorney George M. Martin . The minutes of the regular meeting of January 14 , 1981 were approved as written. Mr. Bos asked that it be noted in the Janu- ary 28 minutes that Mr. David Lothar and Mrs . Billy Hetzel had voiced concern about the street name and numbering system. PETITIONERS : Mrs . Mary Dierman and Mrs. Durette Upton, representatives of the Loudoun Museum, addressed Council concerning acquisition and expansion of the Museum' s needs . They are interested in the pur- chase by the Town of the Odd Fellows Hall on South Wirt Street and will provide detailed plans at the time of the purchase . Mrs . Upton gave a thumbnail sketch of the programs they are involved in, stating that they have a growing audience and they project it to be 31 , 000 by 1985. They have a growing school audience and feel they are doing a good job with the students, but could do better with a media center. They are working with a smallgrant from the Robey Foundation to identify closer contact with the schools and with Loudoun County teachers . They would like to move the slide show to a first floor location. They are looking for model programs from other museums to model their program after and begin some outreach . They have done some outreach with ECHO and the Long- term Care at the hospital and would like to increase this . They want to bring in exhibits from the Smithsonian,wtheL.V.irginta:IMusedm and the Southern Arts Foundation, but they do not have the modern security required nor the linear wall space to share these exhibits with the community. They might be the only museum for many of the local residents and the children . They are receiving an increased number of senior citizens - some with crutches, walkers, etc. , so they need first floor rest rooms. The staff is increasing in its pro- fessionalism - they have hired a curator:. . . They need a larger facility. The Odd Fellows Hall is just slightly larger than their present facility and the whole upstairs is open. They are proposing to keep both buildings . They don ' t have enough room to house their _ own collection and the things that are given to them. They had to turn away things from the Rust family. The only storage is in the _ . _ attic, which is very hot. They would need some kind of climate cont trol for the artifacts that will be given to them. They would like to see tourism and the museum function separately. Their operational funding now is for four people at all times at the present facility, including week-ends . There is also a maintenance aid that comes in once.:a week, making a total of 7 altogether. They have received $26, 000 from the County for this year - $39 , 000 for the next and have asked for $49 , 000 for the next year. The Museum Board raises about $4 , 000 a year . They have assurances from the County that they will continue the grant. They would be happy to have tourism func- tion separately. The question of improvements to the proposed build- ing was raised. They hope to get some grants-in-aid - they will be investigating this . The National Trust for Historic Preservation has some money - they have been using $5 , 000 as an in-kind contribu- tion; then $5, 500 ; then $6 ,000 . This building has a common wall with the present building . The log cabin people prepare plans and demonstrations for them and will send one person back and forth. Mr. Bos moved that the purchase of the Odd Fellows Building be for- warded to the Finance and Administration Committee. Mr. Herrell recollected that it should be purchased by the town in two steps - he felt it would be a good acquisition for the town. Mrs . Hill agreed and said there were two questions to be answered - are we going to buy it and how would it be financed? They have indicated they would hold a first trust. Mayor Rollins referred this matter to the Finance and Administration Committee to meet with the owners and recommend an offer - they would probably want to discuss terms. Mr. Herrell wanted some expression as to whether or not they want 17 MINUTES OF FEBRUARY 11, 1981 MEETING. to purchase it . He certainly was not going to vote to pay any more for it than what it was appraised for. Mayor Rollins referred this matter to the Finance and Administration Committee, with the under- standing that the committee is authorized to enter into negotiations with the owners and report back with an offer and terms of purchase. Mr. Herrell asked that Mr. Niccolls attend the meeting next Tuesday evening. PUBLIC HEARING ON PROPOSED ZONING ORDINANCE AMENDMENTS : There was no-one present to speak either for or against these proposed amendments. Mrs . Hill explained that there are three basic amendments - off-street parking, sound levels and definition of a group home. Mr. Herrell felt the definition of a group home is very important. There was discussion concerning the section having to do with noise levels and other minimum performance requirements . The question was raised as to whether or not the fire and rescue equip- ment would be exempt from such regulations. Mr. Niccolls did not know whose idea these requirements were - they were in the origi- nal draft of the ordinance sent to the Planning Commission last May - it apparently was in the draft prepared by Rosser Payne in 1976 . The Planning Commission had the whole ordinance before it and recom- mended that these specific sections be amended. Violation of the Zoning Ordinance is a general misdemeanor, with up to $1, 000 fine . Mr. Bos said the point is to have some kind of ordinance that can be monitored and checked. He commented on the group home re- strictions - there were a lot of concerned people here when the 40 West Loudoun Street matter came up. He would like to discuss the public hearing notices . The notice on this hearing tonight is totally meaningless - there should be some description that would tell the people what is to be discussed. He would prefer to see a section set aside for public hearing notices - then the public would know where to turn for them. Perhaps something might be U worked out with the Times-Mirror on this . Mr . Herrell cited an example concerning noise : If there is a business next door that creates noise, what can be done? It is generally handled on a persuasive basis . There would be two options : (1) to bring a complaint under the Zoning Ordinance for violating these standards, having the technical evidence secured properly once enforcement is brought by the town under the general nuisance ordi- nance; and ( 2) civil action of some kind by the property owner. Mr. Hill asked how you can enforce these ordinances? Mr. Niccolls said that, with the present system of law and the skills of a defense at- torney, the town could spend thousands of dollars on one case but, if there is a reasonable requirement that is understandable to the average person, most people would comply. Mr. Bos said we have had no complaints, but it is better to have a law than not to have one. The public hearing was closed, with the Mayor referring it back to the Finance and Administration Committee, with the impression that they are in trouble. MANAGERS REPORT : (1) The Leesburg Facility Plan has recently been discussed by the State Water Control Board and is moving right along to final approval by EPA about May. The next step in this process is the I/ STEP II project (plans and specifications) - this could get under- way by summer if the grant for this purpose comes through. The cost of this work is about $120 , 000 . (2) Our wells are operating reasonably well without any serious drops - basically, our water supply is in good shape . ( 3) Construction has started on our HUD funded improvements in Waverly Heights . They have encountered some rock - this will require a change in the contract, but there is a $5, 000 contingency in the project . 18 MINUTES OF FEBRUARY 11 , 1981 MEETING. ( 4) Concerning the Airport - the Trustee will begin adver- tising the lease assignment in regional papers very soon. This will come before the Council . The Trustee has sole authority to assign the lease . . If ,he wantsmoney, they would amend the manage- ment agreement to extend the reciprocal . The question is who will get the benefit of tie-down rents off of that space? In addition, there are back rents and other fees in the amount of something like $13, 000 , and the question is whether the town will then do some repairs with these funds? The building needs a lot of repairs . It is proposed that this $13, 000 should go right back into the buildings that this new tenant can afford. The town would agree to improving the property out of its own money. Mr. Hill asked why we didn 't do this for the fixed base operator that was there? Mr. Niccolls said nothing would have made them succeed. The lease payments and other fee payments amounted to less than one percent in their good years and that doesn ' t put anybody over. We have re- located the arrival and departure radio to the other end of the field. We put up an antenna and dropped the unicom radio down there. (5) There is a letter in the packet from Terrence Ney of Boothe, Prichard & Dudley estimating the maximum legal fees in the Chantilly-Mechanical Constructors case we are involved in . The letter was delayed because he had a health problem. (6) Also in the packet is a defeated resolution concerning the youth shelter case from the County Administrator. (7) You have also received a cash statement and a Capital Projects summary within the last few days . COUNCILMEMBER INQUIRIES AND COMMENTS : Mr. Bos again brought up the matter of public hearing notices . They should at least say what is being considered. Perhaps we can get together with the newspaper and try to set some guidelines as to where such advertisements should be located in the paper. Mrs . Hill and Mayor Rollins agreed and the Mayor suggested that some- body prepare a resolution along these lines and direct it to the newspaper for their consideration . Mr. Hill commented that these notices do not have to be placed in the local paper - they can be placed in any newspaper having general circulation. Mr. Niccolls said that, in the past, whendwe sent ads to the Times-Mirror, we were charged display rates, our advertising bills were significant. We, therefore, changed to placing our advertisements in the legal notices . Even last month our bill was $237 .00 and we didn ' t do that much advertising . If we had a better designated space, we could do a better job and we could certainly write them so that they tell the matter on which the public hearing is being held. Mr . Herrell suggested a one sentence statement. Mayor Rollins felt this should be explored - perhaps government should have a lesser rate. Mr . Bos will inquire into this further and talk with Mr. Niccolls about it. Mr. Hill offered, verbally, his resignation as Council ' s representative to the Northern Virginia Planning District Commission, stating that he doesn ' t have time for eight meetings a month. This resignation is effective immediately. ,i. 81-191-.1RESOLUTION '.- .ACCEPTING. RESIGNATIONLOFiGi. DEWEY..i.HILL, .JR-A AS REPRESENTATIVE TO THE NORTHERN VIRGINIA PLANNING DISTRICT COMMISSION. •On motion of Mr. Bos , :seconded by Mr. Hill, the following resolution was proposed and unanimously adopted: WHEREAS , Councilmember G. Dewey Hill, Jr. , has offered his resignation as Council ' s representative to the Nor- thern Virginia Planning District Commission; THEREFORE, RESOLVED by the Council of the Town of Lees- burg, Virginia as follows : • MINUTES OF FEBRUARY 11 , 1981 MEETING. The resignation of G. Dewey Hill , Jr.. as Council ' s repre- 19 sentative to the Northern Virginia Planning District Com- mission is accepted with regret. Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None. Mayor Rollins thanked Mr. Hill for his service on this Commission over a good many years and guiding the grant for the water and sewer through the Commission. He asked that a successor be appointed at the next meeting . Mrs . Hill suggested that perhaps Council should have a repre- sentative on the Museum Board - the County has representatives. It was felt this would be good. Mayor Rollins asked Mr. Niccolls to look into this . He (Mr. Niccolls) felt they would be honored and pleased. Mr. Herrell asked what is being done on the "No RightuTurn on Red" sign at Catoctin Circle and Route 7? Mr. Niccolls said he will take care of this . OMr. Herrell asked about the memorandum on the Leesburg Area Planning Committee? Mr. Niccolls explained that Mr . Forbes, Mr. Hill and Mr. Bos represent the town on the Area Planning Com- ? mittee. In the course of that work, a couple of questionnaires Q have been prepared by the staff over there asking a number of ques- Q tions (some of which are answered in there) . A number of other general questions have come up in committee deliberations . In the past two weeks or so, these people, along with Mr. Drenning, have met on several occasions to discuss how best to providesthe planners and the planning advisory committee members 'with reliable information on what the town ' s present policies are and what its stated objectives are. This was prepared and given to Mr. Bos and Mr. Hill . Mr. Hill and he discussed it before it went to the County. II This is the purpose and intent of it. It is based from existing planning documents and not any particularly new information. We referred to the water rate study and the sewer and water master plans, etc. They are trying to give the County people what Leesburg is all about. He has been in touch with their staff and they seem to have a number of perceptions about Leesburg ' s needs and utility plans, etc. that are inaccurate . We are trying to give them accurate in- formation . If there is something that needs addition or correction, we need to do this . Mr. Hill said he' has been moved to the com- mittee on sewer and water and transportation. This committee had a fine meeting last night - they made a lot of movement in the right direction. They more or less defined the service area for water and sewer in the outlying area. Mr. Forbes and Mr. Niccolls have both made up maps on this and he invited everybody to stop at the Town Office and take a look at these maps. The County people were very receptive to the needs of the town and thought this area was realistic . Mr. Niccolls understood that the County ' s goals called for Leesburg and the Sanitation Authority to compete head to head in the areas outside Leesburg for furnishing water and sewer. .The fallacy of this concept was pointed out and this subcommittee is going to recommend a goal that these areas be served by the town. Mr. Herrell said he talked with one of the Board members last week and he got the distinct impression that the County does not want the town to grow one bit more than it is - that they will fight annexation"tooth and nail" . Mr. Hill said it will take another IIfive or six months to get this package together - then it will go the Planning Commission and then to the Board. He got the feeling last night that realistically the town is the only one who can serve this area . Mr . Bos felt this memo is a good step in the right di- rection in terms of the County getting some information that seems reasonably accurate . Mr . Herrell thought it was well written and it tells the County how we feel . Mr. -Hill felt that, once this docu- ment is set up, it will come before the Council for comment before any final '. action is taken by the Board. Mr. Bos said the residential committee, of which he is a. member, made some reasonable progress too in terms of identifying - there is a conception that there are so many raw acres available in Lees- burg and so many houses can exist..there. They went over a map O MINUTES OF FEBRUARY 11, 1981 MEETING. piece by piece and it became more and more apparent that many of these tracts in the town won ' t be developed or that they will be developed on a small scale. The County ' s idea is for Leesburg to infill as much as possible and then develop outside, but it is be- coming more apparent that this is not the process that will take place . He felt this process of cross education is helpful . Mr. Herrell said they are talking about 10 percent growth - he felt they better think differently - the price of gasoline and of housing is the same here as it is in the Washington area. He doesn ' t see this much growth in the future any more. Mayor Rol- lins said all the experts say this area will still grow. Mr. Herrell felt the County should be thinking the other way - how to get industry out here so the people can live and work here . Mr. Bos said this is one of the things being considered by this Area Development Committee. Mrs. Hill understood Council was to receive the report from Mr. Mueller on the training session the end of last week . Mr. Nic- colls said a letter from Mr. Mueller today said it is in the mail. Mr. Bos said some of the Council members discussed the fact that most of them did arrive at five or six goals they considered im- portant informally. Council could have an agreement on some of these goals and then perhaps some of the other information from Mr. Mueller could be put together. It was generally felt that some industry here would provide work for local people so they could both live and work here. Mr . Hill felt this is true, but we will have to get out and vigorously sell it along with some in- centives . First, we will have to delineate this area to be served with water and sewer before anything else can be done. Then these other committees can work on this industrial program.. Mr. Herrell said the County is worried about Leesburg having too much growth. 81-20 - RESOLUTION - REQUESTING WITHDRAWAL OF HOUSE BILL 1689 FROM CONSIDERATION BY SENATE OF VIRGINIA. Mayor Rollins said that, since last meeting when Council discussed pending legislation introduced in the General Assembly by Delegate Earl Bell , he has looked at the law and he is thorough ly convinced that it is totally unnecessary. The present law had the following language in it: "Every city and town officer, except the Town Attorney, at the time of his election or appointment shall live within the municipality 30 days before this -election or appointment unless otherwise specifically provided by Charter. " Mr. Bell ' s proposed amendment provided that police officers do not have to live in the town at the time they are hired. This bill got over into the Senate and they substituted the word "employees" for 'police officers" . Mayor Rollins said he definitly has some: feelings about this . The Charter now says the Town Manager has to reside in the town - he thinks this is the only one required to live in the town. He felt perhaps the Chief of Police should be a resident and perhaps some others. All of this is not necessary because, looking at the Charter, Section 3-7 has this language: "No appointed officer or employee of the municipality need be a resident of the town or the State at the time he is employed not- withstanding any other provision of law to the contrary. " The Charter stands above State law and our Charter unquestionably. says ,that.mo employee or officer has tobe a resident of the..town at. any time - at the time he is appointed or during his tenure of office. Therefore, no legislation is required. This was a Charter provision there was a great deal of discussion on. Our Charter is unquestionably clear. On motion of Mayor Rollins , seconded by Mr. Willis, the • following resolution was proposed : WHEREAS , House Bill 1689 was introduced without the con- sent, request or knowledge of the Council for the Town of Leesburg, and • MINUTES OF FEBRUARY 11 , 1981 MEETING. • WHEREAS, the proposed legislation is superfluous and un- 21 necessary because the subject matter is thoroughly and adequately covered by Section 3-7 of the Charter for the Town of Leesburg, and WHEREAS, House Bill 1689 is now pending in the Senate of Virginia, THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The Honorable Charles Waddell , Member of the Senate of Virginia representing the Town of Leesburg, shall be requested to either strike House Bill 1689 from the calendar, ask for its defeat on the floor of the Senate, withdraw it from consideration or re-refer it to the ap- propriate committee for the purpose of having it defeated. SECTION II . A copy of this resolution shall be sent to the Honorable Charles Waddell, Senate of Virginia, Richmond, Virginia, and to the Honorable Earl Bell , Member of the House of Delegates, Richmond, Virginia. O SECTION III . The Town Manager is directed and instructed to communicate the contents of this resolution to Senator Waddell and Delegate Bell forthwith by phone in order that 7 they may be immediately apprised of the Council action Q prior to receipt of this resolution by mail. Q Mr. Bos asked if anyone had contacted either Mr . Waddell or Mr . Bell or their offices? Mr. Hill said he had talked with Mrs. Waddell yesterday - this bill was in Mr. Waddell ' s committee at that time and she wanted to know whether the Council had discussed it. She had talked with the Mayor prior to that. He (Mr. Hill) told her there was some discussion prior to their last meeting and during the meeting by the Mayor . It had apparently gotten out of hand by some language that was misinterpreted and it cer- tainly had not come before the Council for discussion. Conse- quently, he felt the bill should not be acted on at that time . It should be brought back to our body and allow us to consider and ,make recommendations . Mr. Herrell asked if/couldn ' t contact Mr. Bell and ask him to contact the Senate? He assumed he thinks he is doing us a favor. He had a problem with sending this down to Richmond - he felt this is sticking the knife in and twisting it around. He didn ' t feel we should send this to the whole Senate and say we don'.t_want ... Mr. Bell to help us. Mayor Rollins said the resolution is directed to him and Mr. Waddell . He takes great offense that this body had never considered this request. Whenever legislation is introduced concerning this municipality, this body is the only one that can speak to that . When you look at the legal situation, it is to- tally unnecessary. Mr. Hill said this is politics and we have to fight it. The resolution was adopted by a vote of 6 to 1 : Aye : Councilmembers Bos, D. Hill , M. Hill , Tolbert, Willis and Mayor Rollins . Nay: Councilmember Herrell . 81-21 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH THE LOUDOUN SOIL AND WATER CONSERVATION DISTRICT. On motion of Mrs. Hill , seconded by Mr. Tolbert, the fol- lowing resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The Mayor is authorized and directed to enter into a Memorandum of Agreement with the Loudoun Soil and Water Conservation District for cooperation and coordination between these two governmental bodies . MINUTES OF FEBRUARY 11 , 1981 MEETING. 22 I Mr. Hill said this is just routine - they have the resources to do 11 the work and we don 't. The resolution was unanimously adopted: Aye : Councilmembers Bos, Herrell , D. Hill, M. Hill , Tolbert, Willis and Mayor Rollins . Nay: None. 81-22 r RESOLUTION - AUTHORIZING A PARADE PERMIT. . OnI motion of Mr. Willis , seconded by Mr. Herrell , the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia asIfollows : SECTION I . The manager is authorized to issue a permit under Section 10-13 of the Town Code to the Auxiliary Board of the Loudoun Memorial Hospital for a runners ' marathon t6 be conducted on May 16 , 1971 and is further authorized to close Loudoun, Ayr, Market, Wirt and Cornwall Streets, MkmoriallDrive and other streets as necessary for the event. SECTION II . The permit may contain reasonable and appro- priate conditions as determined necessary by the manager aid shall require the town to be named as an additional insured under a $500 , 000 public liability insurance policy sIcuredby the Auxiliary Board of the Loudoun Memorial Hos- Mrs. Hill asked if the resolution last year didn ' t specify stated hours for closing the streets? This is the same resolution as last year the hours are to be discussed with the Chief of Police. Mr. Hill sked if this meets our underlying liability - shouldn' t we notif our umbrella carrier for anything over that? Mr. Niccolls said he amount for public liability is that required by State law for p ople who receive extraordinary permits to use the streets . This oes exceed our underlying policy, which is $250 , 000 per person. He wi 1 talk with Mr. Hill concerning this . Mr. Herrell asked who pays or the police protection? Mr. Niccolls said there is some overt' e in both the Police and Street departments . We have never charg d for any of these activities, including August Court Days . The r solution was unanimously adopted: ye : Councilmembers Bos, Herrell , D. Hill , M. Hill, Tolbert, Willis and Mayor Rollins . ay : None . 81-23 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC HEARING ON APPLICATION #ZM-30 BY WILLIAM J. CHEWNING. on motion of Mrs. Hill, seconded by Mr. Herrell, the following resol tion was proposed: SOLVED by the Council of the Town of Leesburg, Virginia . s follows : :: Notice of Public Hearing to consider Application Number . M-30 by William J. Chewning to have rezoned from R-2 to 1:-2 a tract of land containing 0 . 40 acres of land located on the east side of South King Street shall be published IIn the Loudoun Times-Mirror on February 19 , 1981 and Febru- ary 26 , 1981 for Public Hearing on March 11, 1981 at 7 : 30 • .m. in the Council Chambers , 10 West Loudoun Street, Lees- 'urg, Virginia. Mrs. ill said the Planning Commission committee asked for an exten- sion 4f time before they gave their report and, at the- last meeting, they ndicated that perhaps ,Mr. Chewning was in the wrong place for this . Perhaps there is another way he should go. They felt that perha.s he should have gone to the Board of Zoning Appeals . This is what the committee, in error, interpreted the Code to mean . They ad not talked to Mr. Forbes about this - he would have clari- fied it . He would have to go to the Planning Commission and the Council - only the Council can change a zoning. The Planning Com- missi.n voted unanimously to deny the request for rezoning. The MINUTE'. OF FEBRUARY 11, 1981 MEETING. 2 9 resoLu ion was unanimously adopted: A e: Councilmembers Bos , Herrell , D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins. N:y : None. O motion of Mr. Tolbert, seconded by Mr. Willis, Council voted unanimously to go into executive session to consider certain legal, person el and real estate matters : A, e : Councilmembers Bos , Herrell , D. Hill , M. Hill, Tolbert, ' Willis and Mayor Rollins .N:y: None. O motion, duly seconded, Council reconvened with no action taken. O motion, duly seconded, Council voted unanimously to adjourn. Mayor 9 _ —) Clerk of/ he Council Q // a o 1