HomeMy Public PortalAbout1981_11_11 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 112 481.
A regular meeting of the Leesburg Town Council was held in
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia
on November 11, 1981 at 7 : 30 p.m. The meeting was called to order
by Mayor Pro-Tem G. Dewey Hill, with the invocation given by Mr.
Tolbert and followed with the Salute to the Flag led by Mr. Bos.
Present were: Mayor Pro-Tem G. Dewey Hill, Jr. , Councilmembers
Charles A. Bos, Stanley D. Herrell, Jr. , Marylou Hill, John W.
Tolbert, Jr. and Howard M. Willis, Jr. ; also Town Manager John
Niccolls, Director of Finance Donald O. Taylor and Town Attorney
George M. Martin. Absent from the meeting was Mayor Kenneth B.
Rollins.
The minutes of the regular meeting of October 14 , 1981 were ap-
proved as written.
PUBLIC HEARING ON ZM-35 - S . D. , JR. AND BETTY H. PHILLIPS :
A public hearing was held on ZM-35 - S . D. , Jr. and Betty H.
Phillips. The notice of public hearing and the proffer were read
into the record by the Clerk. Mr. Hill stated there is a letter
from Leesburg Builders accompanying the proffer.
N Mr. Stan Colson, President of Huntland Homes Town House Associ-
CD ation, said the association originally had an objection, but if the
Nt proffer is accepted by Council as a part of the over-all applica-
tion for rezoning and becomes a part of the record and is recorded
Q as such, then they will withdraw objection to the rezoning.
Q Mr. S. D. Phillips, Jr. introduced Mr. Gore of Leesburg Builders
and said the property is under contract with him. One of the condi-
tions of the contract is that this body rezone this property to
B-2 and eliminate everything except multi-family dwellings. He
asked for B-2 because the surrounding area is all B-2 .
Mrs. Hill turned this rezoning down because the proffer was not
in order the night they turned it down. Rather than delay it, they
turned it down that night, assuming it would be in order when it
came to the governing body. Mr. Hill asked if she felt the Planning
Commission would have voted for it as proffered? She replied Yes,
but it was not specific - it didn ' t get rid of a bowling alley and
some other things. Rather than delaying their decision and waiting
for him to come back to the Planning Commission, they felt they
should turn it down at that point. As it is done now, they would
have been in favor of it and it has not delayed Mr. Phillips on his
sale. Mr. Bos understood the request for rezoning is only half of
the property he is going to sell , and the other half is already
zoned B-2 . Mr. Phillips said this is correct. Mr. Bos also asked
what Mr. Gore ' s specific plans are? Mr. Gore said he intends to
build apartment buildings - approximately 12 units . Mr. Hill asked
if this would encompass the other half that is already B-2? Mr.
Gore said it would. There will be two 6-unit apartment buildings.
Mayor Pro-Tem Hill referred this matter back to the Finance and
Administration Committee for recommendation at the next Council meet-
ing. The public hearing was closed.
MANAGER' S REPORT:
Mr. Niccolls commented on items on the Activity Report as fol-
lows :
(1) The first franchise payment from Storer Cable Communica-
tions has been received. The next one will be much larger. There
is a status report on construction of the system - all of these
projects are moving along. There are almost 1, 000 services con-
tracted for, which indicates they will easily achieve the penetra-
tion rate projected for the end of the first year (65% of avail-
able homes) . They are straightening out some of the frequency
problems they have had. He believed that they solved today some
of the transmission problems on the town' s Channel 15. We are
putting silent automated programming over Channel 15 giving infor-
mation on town activities. They do not feel this should be limited
to just town activities , but to those of :. civic non-political ac-
tivities. For example: Bloodmobile, Kiwanis parade, Lions Club
program, etc . Jeff is working on a program guide which will be
used to fill the available time and space of this channel . If
MINUTES OF NOVEMBER 11, 1981 MEETING.
244
you have suggestions, please tell him. We will also be figuring
out a way to get an audio signal on the cable. He feels this
channel can turn out to be a very useful information medium for
the town. , He hoped councilmembers will make suggestions. Mr.
Tolbert asked if we could have a community calendar similar to
what WAGE has? Mr. Niccolls said Yes, this would supplement the
other media available. Mr. Herrell suggested that the members of
council be included with the agenda. Mr. Tolbert suggested list-
ing all the town commissions, etc .
(2) On the Plaza Street Park, they think it will be completed
in about two weeks . They are running close to the end of the pav-
ing season but think they can still pave for the next two or three
weeks.
( 3) The Activity Report includes what the Highway Department
will be doing at the Market Street - Plaza Street traffic light -
these signal changes will be a noticable improvement. These changes
will be made at cost against the future project - there will be no
immediate capital outlay but, at the time the final calculations
are made on the highway project, we can expect some billings. Our
share would be 15 percent.
(4) They are moving along on the South Harrison Street project.
There are appraisals and surveys going on and the planners have now
begun work - this was kicked off in our offices last Wednesday.
The initial phase is gathering a lot of information for the planners,
including individual surveys of each business in the project area,
and there are six or seven, as well as surveys of physical condi-
tion and land use in the area. We are doing a lot of this work our-
selves in order to keep the cost down.
(5) There is a report on a seminar Mr. Minor attended concerning
employees ' rights. This includes affirmative action, nondiscrimina-
tion, sexual ;:harassment, equal opportunity, etc . Mr. Minor is Per-
sonnel Director and he advises him concerning certain things that
are prohibited.
(6) There is a report on Planning Commission activity and
Board of Zoning Appeals . On the latter, there will be a public
hearing on Mr. Brownell ' s request for a variance concerning drive-
way entrances.
(7) The leafloader is running and we are continuing to work
on some other little sidewalk repairs, etc. He called attention
to an error concerning sidewalk work - it should read North Church
Street.
(8) The airport work is moving along - the designs have been
completed and Mr. Shope is beginning work with the contractor on
the I/I abatement program. Mr. Hill asked how much more has to
be done on the mini-systems? Mr. Niccolls said we have done about
one-third of them. Mr. Shope wanted to have a re-evaluation per-
iod to see if the priorities established earlier are still correct.
This is what he is talking with Penetryn about - they will be do-
ing a flow analysis to learn if the areas we have worked on in the
past three years have really improved or not and what other mini-
systems are in desperate need of work.
COUNCILMEMBER INQUIRIES AND COMMENTS :
Mr. Bos said Peter Dunning talked with Mr. Niccolls last week
concerning the summer concert series. Apparently there are some
grant funds available through the Virginia Commission for the Arts
if certain qualifications are met. He understood Mr. Niccolls will
be preparing an application for this when we get more details.
He (Mr. Bos) and Mr. Dunning have been talking with some various
groups that might want to participate and are enthused about it.
They should be back to Council in a week or two with a more formal
proposal .
Mr. Bos said one of his daughters needed a video cassette for
a scholarhsip application and Storer was very cooperative on this.
They did not charge for this and said it was part of their community
relations .
MINUTES OF NOVEMBER 11, 1981 MEETING.
245
Mrs. Hill said the Planning Commission committee is meeting
every Wednesday morning on the updating of the Comprehensive Plan.
They will try to meet more than this to try to get it out. The
Commission will set aside one meeting for just this purpose and
they hope to get it finished soon.
Mrs . Hill reported that the Museum has appointed a committee
consisting of Mrs . Frost, Mrs. Herrell and her to talk to builders
about the possibility of making an entrance-way from the original
Museum into the second building under the stairway - they will be
getting bids to see how much it would cost. Before they do any-
thing, they will come to Council for approval to break through
the wall .
Mrs . Hill also requested the Finance and Administration Com-
mittee to look into the possibility of accepting credit card pay-
ment for personal property and real estate taxes . According to
an article she read, in 1979 the General Assembly passed legis-
lation enabling this. One of the stipulations is that the ser-
vice charge must be paid at the time the taxes are charged to the
credit card. Virginia Beach is the only area that has started do-
ing this. The town would not pay this service charge. Mr. Herrell
said he would like a report from the town staff on this. There
O was discussion concerning this, with the request that it be dis-
cussed further at the Finance and Administration Committee meeting.
Mr. Hill asked why they couldn ' t pay taxes twice a year? He asked
Q Mr. Bolen if the Board of Supervisors has discussed a biennial pay-
ment of taxes? Mr . Bolen said there has been much discussion con-
A cerning this - the problem is the ability to physically handle the
bi-payments in terms of additional manpower, computerization and the
budgeting process. It is conceivable that some day this will hap-
pen and they are moving in that direction, but there are many hur-
dles to cross before they reach that point. There is no plan for
this in the next two or three years . Mr. Tolbert said he pays his
this way in Charles Town - he receives a discount. Mrs . Hill said
they also send both envelopes in the same mail to save postage.
Mr. Hill said Fairfax does this.
Mr. Willis commented that Storer seems to be improving its
public image - the Fire Company was informed that basic service
would be provided to them at no charge.
Mr. Tolbert asked if the Highway Department ever made a study
of the traffic situation at Sycolin Road and Market Street? Mr.
Niccolls said there have been several discussions with them and
we have asked the possibility of installation of a light there.
Each time they find that the statistical measures of need are not
met at that intersection - they are saying that the traffic on
Sycolin Road, the number of accidents , etc. don ' t justify a sig-
nal .
MAYOR' S REPORT:
Mayor Pro-Tem Hill read to Council a letter from Mr. William
Whitmore, Principal of the Leesburg Elementary School, stating
the week of November 16th is American Education Week, asking mem-
bers to visit the school on November 19th between 9 : 00 A.M. and
12 Noon and to share lunchon `that day. He felt all schools wel-
come visitors during that week.
81-0-28 ORDINANCE - AMENDING SECTION 12 . 1-49 . 2 OF THE TOWN CODE.
On motion of Mrs . Hill , seconded by Mr. Bos, the following
ordinance was proposed:
ORDAINED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I . Section 12 . 1-49 . 2 of the Town Code is amended
to read as follows :
MINUTES OF NOVEMBER 11, 1981 MEETING.
248
Sec. 12 . 1-49 . 2 . Employee option benefits program.
The town council may from time to time make appro-
priations for an employee option benefits program under
which a specified amount of money is provided annually
for each full time employee for benefits selected by the
employee from the following list of benefits . The em-
ployee option benefits program shall be administered by
the manager under the following general policies:
(1) Employees shall elect from among the optional bene-
fits shown below on an annual basis. New employees
are eligible for optional benefits after six months
service.
(2) Benefits and payments shall be prorated on a monthly I/
service basis. Not more than twenty-five percent of
the annual allotment earned may be carried over to
the ensuing fiscal year .
(3) The health, athletic condition and physical fitness
of town employees is of interest and benefit to the
town as employer. Therefore, the manager is author-
ized to enter into group or master agreements with
providers of health, athletic and physical fitness
services to employees electing such services. The
agreements may provide for payments by the town to
the providers for health, athletic and physical fit-
ness services rendered employees.
(4) Each employee may elect to receive any number of the
optional benefits available. The aggregate expenditure
by the town per employee shall not exceed the amount
of money specified by the council . Employees may pur-
chase with their own funds additional optional bene-
fits above the amount provided by the town.
(5) Optional employee benefits are approved as follows
at rates and terms to be approved by the town manager :
(a) Term life insurance up to $40, 000 per employee
in increments of $10, 000. 00 . •
(b) Medical (including mental health) , dental and
optical (including eye glasses and corrective
lenses) expense reimbursements made semi-annually
to the employee provided, however, no payments
shall be made which duplicate benefits provided
under the town' s group health insurance plan or
for expenses incurred for services to any depend-
ent not covered by the town ' s group health insur-
ance plan.
(c) Employees may elect as an optional benefit to
have the town pay for spouse, family or other
dependent coverages up to the amount authorized
by the council for optional benefits.
SECTION II . This ordinance shall be in effect upon its pas-
sage.
Mrs. Hill explained that there was an error - "optional" should
have been "optical" in paragraph (b) . The ordinance was unani-
mously adopted :
Aye : Councilmembers Bos, Herrell , M. Hill, Tolbert, Willis
and Mayor Pro-Tem D. Hill .
Nay: None.
81-155 - RESOLUTION - AUTHORIZING A COOPERATIVE AGREEMENT WITH
LOUDOUN COUNTY FOR CONSTRUCTION OF A STORM
SEWER OUTFALL ON EAST CORNWALL STREET.
On motion of Mr . Bos, seconded by Mr. Willis, the following
resolution was proposed:
MINUTES OF NOVEMBER 11 , 1981 MEETING. 247
WHEREAS, the County of Loudoun proposes to pay 65 percent
of the costs of construction of a storm sewer outfall on
East Cornwall Street estimated to cost $28 , 823 required to
accommodate additional storm waters resulting from improve-
ments on county owned land;
THEREFORE, RESOLVED by the Council of the Town of Leesburg
in Virginia as follows :
The manager shall enter into a cooperative agreement with
Loudoun County for construction of a storm sewer outfall
on East Cornwall Street under which the town will construct
the required improvements as shown on construction plans
prepared by DeLashmutt Associates and the county will pay
for all the costs of onsite work and 65 percent of the costs
of offsite work and 65 percent of stakeout and as-built sur-
vey costs.
Mr. Niccolls said the plan is to have a cooperative project under
which the town undertakes the actual work and the County pays 65
percent of the actual cost as incurred. It is of sufficient gene-
ral benefit that the 35 percent of our effort, labor and equipment,
O materials, etc . is an appropriate expenditure. A letter has been
received from Mr. Bolen saying that they are in agreement with the
CT proposals . Mr. Hill assumed that, once we get started on the project,
7 we can expect their share to come pretty quickly. Mr. Bolen said the
a money has been appropriated and authorized for expenditure - they
Q can cut a check any time the town demands. Mr. Bos assumed the
County will proceed with the parking lot almost immediately. Mr.
Bolen said the contractor is on site now and has started the curb
and gutter work. The resolution was unanimously adopted:
Aye: Councilmembers Bos, Herrell, M. Hill, Tolbert, Willis
and Mayor Pro-Tem D. Hill .
Nay : None.
81-156 - RESOLUTION - MAKING AN APPROPRIATION FOR THE FISCAL YEAR
ENDING JUNE 30 , 1982 .
On motion of Mr. Tolbert, seconded by Mrs . Hill, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
An appropriation is made from the General Fund to Account No.
1203 . 701, Office Equipment, in the amount of $250. 00 for the
fiscal year ending June 30, 1982 .
Aye : Councilmembers Bos , Herrell, M. Hill, Tolbert, Willis
and Mayor Pro-Tem D. Hill.
Nay: None.
81-157 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC
HEARING ON APPLICATION #ZM-36 BY JOHN A.
WALLACE, TEE .
•
On motion of Mrs. Hill, seconded by Mr. Bos, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
A Notice of Public Hearing to consider Application Number
ZM-36 by John A. Wallace, Jr. , Tee to have rezoned from
M-1 to B-2 approximately 6 , 192 square feet of land located
on the south side of East Loudoun Street shall be published
in the Loudoun Times-Mirror on November 19 , 1981 and Novem-
ber 26 , 1981 for public hearing on December 9 , 1981 at 7 : 30
p.m. in the Council Chambers, 10 West Loudoun Street, Lees-
burg, Virginia
• 4 MINUTES OF NOVEMBER 11, 1981 MEETING.
24
Mrs. Hill explained that this is the back end of the old Francis
property across from the old A & P Store. The front end is zoned
B-2 and this end is zoned M-1 - this will make the entire piece
of property B-2 . No-one spoke against it at the Planning Commis-
sion meeting. The resolution was unanimously adopted:
Aye: Councilmembers Bos, Herrell, M. Hill, Tolbert, Willis
and Mayor Pro-Tem D. Hill.
Nay : None.
81-158 - RESOLUTION - APPROVING A COMMISSION PERMIT.
On motion of Mr. Willis, seconded by Mr. Bos, the following
resolution was proposed :
WHEREAS, Section 15. 1-456 of the Code of Virginia requires
approval by a local planning commission and governing body
for construction, establishment or authorization of any
street, park or other public area, public building or pub-
lic structure; and
WHEREAS, the County of Loudoun on November 4 , 1981 requested
approval of construction of a 26 car parking lot on the rear
of 30, 34 , 38 and 42 Edwards Ferry Road; and
WHEREAS, the County of Loudoun on November 4 , 1981 requested
approval of construction of a 26 car parking lot on the rear •
of 30 , 34 , 38 and 42 Edwards Ferry Road; and
WHEREAS, the Leesburg Planning Commission on November 5, 1981
approved the proposed construction with the following motion:
The request of the County of Loudoun for approval , under Sec-
tion 15 . 1-456 of the Virginia Code, of the construction of a
26 car parking lot on the rear of 30 , 34 , 38 and 42 Edwards
Ferry Road, as described in a November 4 , 1981 letter from
Philip A. Bolen, County Administrator, is approved as being
substantially in accord with the Comprehensive Plan of the
Town of Leesburg, subject, however, to the following condi-
tions :
(a) The approval is valid for five years; and
(b) The county shall submit an engineering plan of the
project to the Director of Engineering for review
and approval before construction begins:
THEREFORE, RESOLVED by the Council of the Town of Leesburg
in Virginia as follows :
The request of the County of Loudoun for approval, under Sec-
tion 15 . 1-456 of the Virginia Code, of the construction of a
26 car parking lot on the rear of 30, 34 , 38 and 42 Edwards
Ferry Road, as described in a November 4 , 1981 letter from
Philip A. Bolen, County Administrator, is approved as being
substantially in accord with the Comprehensive Plan of the
Town of Leesburg, subject, however, to the following condi-
tions :
(a) The approval is valid for five years; and
(b) The county shall submit an engineering plan of the
project to the Director of Engineering for review
and approval before construction begins.
Mr . Bos understood this is to be a gravel parking lot. Mrs. Hill
said it doesn ' t say this and one of the requests was that it be
gravel. The Zoning Ordinance requires that it be paved. Mr. Bos
assumed that we are talking about a gravel lot. Mr. Niccolls said
their proposal is for gravel - he felt the requirements for a com-
mission permit will have to be dealt with outside the framework of
such a permit. Mr. Hill asked if the town ' s engineer would have
any problem with gravel . Mr . Niccolls did not feel so, but he
felt there are some issues of drainage and grading that he is con-
cerned with. The drainage problems can be resolved, but the question
MINUTES OF NOVEMBER 11, 1981 MEETING.
249
is at what expense? They have been advised that we are concerned
about drainage onto the lower property and they have said they
feel this can be resolved very easily through grading. It is a
technical problem - there is a storm sewer structure nearby and
it may be possible to use it if needed. Mrs. Hill said Mr. Nic-
colls ' memo of November 5 stated that lighting should be directed
away from any residential lots - that this should be stated in the
permit. Mr. Bolen said if the lighting goes in, they would proffer
that they would comply with the town ' s ordinance and with the wishes
of the county engineer. The lot is not proposed to be used at night
and, if there is any lighting, it would be some type of night light.
The only time would be if the jury is working late in the winter -
there would be no need for it in the summer. As to the gravel lot,
II they don ' t want to do the engineering for a paved lot without a
complete project determining the expansion of the jail. When that
decision is made, they will comply with the requirements of the town
for substantial grading, storm sewer, paving, lighting, shrubbery
and necessary landscaping. They are interested in as minimal as
possible of compliance just because of the nature of the project.
If the cost exceeds what they consider to be reasonable, then they
will scrap the idea and wait for the planning process . The parking
lot was one of the attempts they had to provide parking for citizens
N when they come to pay their taxes . There have already been several
O discussions and he feels they can satisfy Mr. Shope ' s concerns and
Ct get on with the project. It is a question of whether they do the
temporary project now or just delay the complete project. The reso-
lution was unanimously adopted:
Q
Q Aye: Councilmembers Bos, Herrell , M. Hill, Tolbert, Willis
and Mayor Pro-Tem D. Hill .
Nay: None.
Mr. Herrell asked if the County takes VISA and Master Card for
taxes? Mr. Bolen said there has been no decision on this - he did
not feel Mr. Titus would be willing to do this since these companies
take their share off the top. He said the Board has not addressed
this and it may be one of the discussion items they have with regard
to the budget process . There has been no staff initiative to insti-
tute that practice.
81-159 - RESOLUTION - SUPPLEMENTAL APPROPRIATION TO UTILITY FUND.
There being no objection to considering tonight, on motion of
Mr. Herrell, seconded by Mr. Tolbert, the following resolution was
proposed:
WHEREAS, the K-2 saw engine used by the Utility Lines Divi-
sion to cut pipes requires repairs almost equal to the cost
of a new saw, and the saw is now four years old;
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
A supplemental appropriation is authorized to Account Number
5100 . 711, Utility Lines, Equipment in the amount of $595 . 00
for the fiscal year 1982 .
Mrs. Hill asked if there is a better saw that would last longer?
Mr. Niccolls said he will ask, but he assumes they are satisfied
with the quality of the machine. It is heavily used by this de-
' partment. The resolution was unanimously adopted:
Aye : Councilmembers Bos, Herrell, M. Hill , Tolbert, Willis
and Mayor Pro-Tem D. Hill.
Nay: None.
Mr. Niccolls said Mr. Chaves has completed a survey of the Odd
Fellows Building - it is not at all bad. Also, Mr. Chatelain brought
over the plans for the upstairs of this building and he and Mr. Chaves
are figuring out how to get this work underway, hopefully in December.
On motion of Mr. Tolbert, seconded by Mr. Willis , the mee ing
was adjourned at 9 : 38 p.m.
7 May0,s„ Pro-Tem /
Clerk of t 'e Council