HomeMy Public PortalAbout1982_05_12 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 12 , 1981 5
A regular meeting of the Leesburg Town Council was held in
the Council Chambers at 10 West Loudoun Street, Leesburg, Virginia
on May 11, 1982 at 7 : 30 p.m. The meeting was called to order by
the Mayor , with Mr. Herrell leading the Salute to the Flag, followed
with the invocation by Mr . Tolbert. Present were: Mayor G. Dewey
Hill , Jr. , Councilmembers Charles A. Bos, Glen P. Cole, Stanley D.
Herrell, Jr. , Marylou Hill, John W. Tolbert, Jr. and Howard M. Wil-
lis, Jr. ; also Town Manager John Niccolls, Assistant to the Manager
for Community Development Marc Weiss and Director of Finance Donald
0. Taylor .
The minutes of the regular meeting of April 14 and the special
meeting of April 20 were approved as written.
MANAGER' S REPORT:
Mr. Niccolls reported :
(1) In order to accomplish some of the public facility repairs
that were inventoried almost two years ago - sidewalks , defects in
curbs, etc . - and to utilize excess personnel in the Engineering De-
partment that we do not want to lay off (construction activity is
down now for several months) , an arrangement has been worked out with
O Bob Lilly to lead a construction crew on some of this work.
(2) The Highway Department has agreed that there is a sight dis-
tance problem at the intersection of S . King Street and Davis Avenue.
They have agreed to design and construct a project and make it part
Q of the East Market Street work so that it is 90 percent eligible for
State funds. This involves the acquisition of some right-of-way and
construction of a retaining wall . The town will have to be involved
in securing right-of-way from the property owner.
( 3) Some dates are suggested for the cable television planning
session - June 3rd - that may be a problem with annexation meetings.
(4) The King Street job is moving along very nicely. Forces
will have all of the concrete poured in the first quarter of the work
and brick sidewalk will be completed in that segment by the end of
next week. The Street Department is working a four-day ten-hour
work week. There is,Rlternate crew that works Monday through Thurs-
day and another Tuesday through Friday. A small crew works on brush
on Monday and on other miscellaneous clean-up activities. This is a
popular work schedule for the men and we think it is even more pro-
ductive.
(5) We are paying particular attention to the problems of own-
ing and operating an urban-style park - the Plaza Street Park. It
has suffered some littering problems and we are working with the
manager of the apartment project and the advisory group to see if
we can reduce this problem. It will involve the use of some police
officers to issue some warnings, perhaps some tickets and violation
notices for littering in the area. This is a serious problem and it
needs to be dealt with.
COUNCILMEMBER INQUIRIES AND COMMENTS :
Mr. Tolbert said he has talked with Mr. Niccolls about road
signs indicating the direction to the Airport, both on South King
Street and on Route 654 . Mr. Bos said there is no sign mentioning
the school either.
MAYOR' S REPORT:
Mayor Hill said he has received a letter from Mr. R. Banner
making suggestions concerning U turns at South King Street and
Catoctin Circle and recommending some renovations of curb and
gutter in that area. This will be on the Public Works agenda for
next week.
He has also received a suggestion that some type of light or
signal be placed at the fire house to alert traffic that a fire en-
gine is about to leave the premises . This would be a Public Works
item also.
376 MINUTES OF MAY 12 , 1982 MEETING .
Mayor Hill congratulated the incoming Mayor and councilmember,
Mr. Sevila and Mr. Gheen, and said the town is blessed to have two
such capable people to pick up and carry this load.
PROPOSED ORDINANCE AMENDING THE LEESBURG ZONING MAP AS TO REZONING
APPLICATION #ZM-39 BY RANDALL W. AND DELORES Y . DeHART.
On motion of Mrs. Hill , seconded by Mr. Tolbert, an ordinance
was proposed to change from R-2 to MC 3 . 0495 acres of land located
on both sides of Memorial Drive. Mr. Willis asked Mr. Weiss what
he is referring to in his memorandum - Item 5 on the second page,
wherein he says this particular rezoning request is debatable since
public facilities will not be available and cannot be made available
with9negatively affecting the Old and Historic District? Mr. Weiss
said if this rezoning threw additional traffic on Cornwall Street,
it would be impossible to widen the road without having a great ef-
fect on the area.
Mr. Tolbert said it appears that Leesburg has recently come to
the point where the town must make a decision as to whether it will
grow by design or destruction. The most sensitive and sensible ap-
proach is needed to show we are not robbing future generations of
their architectural heritage.
Mr. Bos said most rezoning decisions are hard for both Council
and the applicant. Most of the neighbors seem to oppose this - most
people do oppose it when it is "next door. " This is an important
consideration, but certainly not the only one. The applicant has
made a quality proposal and his character is of a high nature. We
have talked about traffic densities, parking, impact on Cornwall
Street and whether it suits our old Comprehensive Plan (this is de-
batable) . There is a statement that the area is suitable for semi-
public use, but there are other statements that directly talk about
the concerns of the residential area being a stable one and not af-
fecting that. The single overriding issue is that this would be a
hunk of land in the middle of a historically stable residential area.
This would be a big hole in the middle of the Old and Historic Dis-
trict.
The immediate neighbors certainly have a right to be con-
cerned, The Old and Historic District starts from the middle and
goes on out. He is concerned with more people living very close to
or in the middle of town. The downtown area is growing and . has more
business and professional offices - one by one the residences in the
middle of town are being squeezed out. Over the long run, this has
a tendency to essentially deaden the center of the town and will kill
what makes Leesburg terrific-that is , a very sensitive mix of busi-
nesses and residences. He feels this should be emphasized. He is
concerned that some of the doctors ' offices that may move over there
would, in fact, vacate buildings that are downtown - perhaps creating
a bigger problem. He wished this were someone from out of state - it
would be much easier - this is probably the nicest proposal we have
seen in a long time, but that is not the overriding issue. He can' t
support it because of the residential character of the Old and His-
toric District - it is too big a risk.
Mr. Herrell said he is going to vote in favor of this - he voted
for the nursing home on Morven Park Road and he didn 't feel it appre-
ciably changed the character of that street. He thinks it is a good
facility and is in the right location. The hospital is there and
there is a need for medical facilities - this would be a good loca-
tion. He could not imagine 16 driveways , with people backing out,
the parking facilities and the children, etc. It is in the best
interest of all the people in Leesburg that this area have thisI/
type of facility. It will add to the character of that drive and
he didn ' t feel the houses would do that.
Mayor Hill felt that rezonings are the "toughest" act they have
to perform. He has a personal policy to listen to the people in the
affected area - they have to live with what Council decides. The
Planning Commission and the Council both have public hearings - the
object of these hearings is to listen to the public . On that basis,
he agrees with what Mr . Bos said - he has to listen to the public.
Mr. DeHart ' s proposal is one of the best, but he has an obligation
to himself and has to live with it.
MINUTES OF MAY 12 , 1982 MEETING. 37
A roll call vote of 5 to 2 defeated the proposed ordinance::
Aye: Councilmembers Cole and Herrell .
Nay: Councilmembers Bos, M. Hill, Tolbert, Willis and Mayor
Hill .
82-0-18 — ORDINANCE - AMENDING THE TOWN CODE BY ADDING NEW SECTION
7-39 , JUNIOR FIREFIGHTERS .
On motion of Mrs. Hill , seconded by Mr. Cole, the following
ordinance was proposed:
ORDAINED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I . Chapter 7 , Article II of the Town Code is amended
by adding Section 7-39 , Junior Firefighters, as follows :
Sec . 7-39. Junior Firefighters .
Any person 16 years of age or older, with parental or
guardian approval, may work with or participate fully in all
activities of a volunteer fire company, provided such person
O has attained certification under National Fire Protection As-
sociation 1001, level one, firefighter standards as adminis-
tered by the Virginia Department of Fire Programs.
Q SECTION II . This ordinance shall be in effect on July 1, 1982 .
Q
Mr. Cole felt this a good idea - it gives the fire companies more
personnel. If they are trained right, he could see no reason why
they shouldn ' t fight fire. Mr. Willis said, currently, the Leesburg
Fire Company has four and they are excellent and a real asset to the
company. It ' s difficult to find junior members that are really worth
anything. The present four are exceptional - all of them have been
over the years . This will help the Leesburg company, but there are
places that need them worse than we do - there are places that re-
ly on their junior members: to do their major fire fighting . Two
of their junior members received special recognition at their an-
nual meeting in January. Mayor Hill asked what would happen if we
pass this ordinance and the County does not? Mr: Niccolls said
presumably we would be able to have them in town, but not out in
the County. He did not know whether the Board has acted on this yet,
but the County Attorney ' s office has drawn this ordinance and it is
on the agenda. The ordinance was unanimously adopted:
Aye: Councilmembers Bos, Cole , Herrell , M. Hill, Tolbert,
Willis and Mayor Hill.
Nay : None.
82-55 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH THE COMMONWEALTH
OF VIRGINIA DEPARTMENT OF AVIATION FOR THE CON-
STRUCTION AND OPERATION OF A NON-DIRECTIONAL
BEACON TRANSMITTER AT LEESBURG AIRPORT.
On motion of Mr. Bos, seconded by Mr. Tolbert, the following
resolution was proposed :
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I . The manager is authorized and directed to execute,
on behalf of the town , the facilities and equipment agreement
transmitted with a memorandum to the Mayor and Council dated
April 28 , 1982 , which is the Virginia Department of Aviation ' s
offer of a non-directional beacon transmitter, all associated
equipment and cable; all materials for the construction of the
transmitter building; and all maintenance of the facility and
equipment.
SECTION II . The Town Attorney is authorized to execute the
sponsor certificate which is a part of the agreement.
378 MINUTES OF MAY 12 , 1982 MEETING.
Mrs. Hill asked what non-directional means? Mr. Niccolls said this
is a radio beacon - not a light- that is sent out 360 degrees to
aircraft in the area and they can hone in on this signal, which
is a series of Morse Code letters . They have equipment in the
aircraft that then helps them find the airport. It effectively
- increases the usability of the airport in inclement weather - it
does not make it an all-weather airport, but it lowers the ceiling
some so the aircraft can operate in and out. It just sends this
one signal over a certain frequency. The resolution was unani-
mously adopted:
Aye : Councilmembers Bos, Cole, Herrell, M. Hill , Tolbert,
Willis and Mayor Hill .
Nay: None.
82-56 - RESOLUTION - APPROVING A TENTATIVE BUDGET AND TAX RATE FOR
THE FISCAL YEAR ENDING JUNE 30 , 1983 AND SET-
TING A PUBLIC HEARING ON THE BUDGET.
On motion of Mrs . Hill, seconded by Mr. Bos, the following
resolution was proposed:
WHEREAS, the manager on April 14 , 1982 submitted a proposed
budget for the Town of Leesburg for the fiscal year ending
June 30, 1983; and
WHEREAS , the Council has reviewed the proposed budget and
made certain revisions; and
WHEREAS, Section 15. 1-162 of the Code of Virginia and fede-
ral regulations require a hearing on the proposed budget and
tax rate following public notice;
THEREFORE, RESOLVED by the Council of the Town of Leesburg
in Virginia as follows:
SECTION I. A tentative budget and tax rate for the fiscal
year ending June 30, 1983, as set out in the draft "Public
Hearing Notice and Summary of the Tentative 1983 Budget, "
dated May 12 , 1982 and filed with the Clerk of Council is
approved.
SECTION II . A public hearing on the proposed budget and tax
rate for the fiscal year ending June 30 , 1983 shall be held
on June 9 , 1982 at 7 : 30 p.m. in the Council Chambers.
SECTION III . The notice of public hearing and summary of
the proposed 1983 budget shall be published in the Loudoun
Times-Mirror on May 27 , 1982 .
Mrs . Hill said she could not support advertising a 21 cent tax
rate. It is almost a 25 percent increase. She realized that the
advertised tax rate is not necessarily what we will end up with,
but this is too much. She recommended that we advertise a 19-cent
tax rate. Mr. Herrell said we will know more after we get through
with the Budget - he didn ' t feet it makes any difference what we
advertise. Mr. Bos felt this is enough of an increase to allow
them to debate it. Mrs. Hill moved to advertise a 19-cent rate,
however, this died for lack of a second. Mr . Niccolls pointed out
that the text of the notice in the committee packets has been modi-
fied slightly. Those changes are almost exclusively on Page 4 ,
which contains a brief description of the whole matter. He sug-
gested that councilmembers look over this . Mayor Hill understood
that Council cannot go over the advertised rate, but they can come
down. This is why they advertise a higher rate than the one they
end up with. Mrs. Hill would like to see a 17 cent tax rate and
could see advertising a 19 cent rate and work with that. The reso-
lution was adopted by a vote of 6 to 1 :
Aye: Councilmembers Bos , Cole, Herrell, Tolbert, Willis
and Mayor Hill .
Nay: Councilmember M. Hill .
MINUTES OF MAY 12 , 1982 MEETING.
82-57 - RESOLUTION - ACCEPTING A DEED OF EASEMENT FROM S. ROSS 379
LIPSCOMB AND GLORIA H. LIPSCOMB FOR WATER-
WORKS IMPROVEMENTS .
On motion of Mr. Willis, seconded by Mr. Cole, the following
resolution was proposed: •
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
The deed of easement made the 10th day of February, 1982 by
and between S . Ross Lipscomb and Gloria H. Lipscomb, his wife,
and the Town of Leesburg, for the construction, reconstruction,
maintenance, replacement or repair , use and inspection of water-
main or mains, including necessary appurtenances, over, across,
through and under the land of the grantors (specifically five
(5) feet on each side of the common boundary line between Lots
2 and 3 of Catoctin Circle Industrial Subdivision, Section I)
is hereby accepted and the Mayor is hereby authorized to ac-
knowledge the same on behalf of the town.
Mr. Willis asked if this is PlanAor B? Mr . Niccolls said this is
Plan B, the one that runs down the property line. They will then
CD seek the other one. Mr. Herrell asked what ever happened to the
other one? Mr . Niccolls said this was negotiated out and everybody
seems to be happy. He thought an agreement has been reached on the
a Gore storm drainage easement and the paperwork is to follow. He
Q understands from Mr. Turner, who represents Mr. Gore, that he and
Mr. Lipscomb are satisfied and there will be a voluntary transfer of
the easement. This one is a watermain easement for future construc-
tion associated with the South Harrison Street watermain improvements .
The resolution was unanimously adopted:
Aye: Councilmembers Bos, Cole, Herrell, M. Hill, Tolbert,
Willis and Mayor Hill .
Nay : None.
I/
82-58 - RESOLUTION - RESCINDING AN APPOINTMENT TO THE ECONOMIC DE-
VELOPMENT ADVISORY COMMITTEE AND MAKING A NEW
APPOINTMENT.
On motion of Mrs. Hill, seconded by Mr. Tolbert, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I . The appointment of Teckla Cox to the Economic De-
velopment Advisory Committee is rescinded.
SECTION II . Dick A. Richards is appointed to the Economic De-
velopment Advisory Committee for a term expiring July 1, 1985
in accordance with Chapter 5. 2 , Article I of the Town Code.
Mayor Hill said Mr. Tolbert allowed this change to be made. These
are two excellent people and on the proper committees . The resolu-
tion was unanimously adopted:
Aye : Councilmembers Bos, Cole, Herrell, M. Hill , Tolbert,
Willis and Mayor Hill.
Nay: None.
82-59 - RESOLUTION - AFFIRMING APPOINTMENT TO BOARD OF ARCHITECTURAL
REVIEW.
On motion of Mrs. Hill , seconded by Mr. Tolbert, the following
resolution was proposed:
WHEREAS, Section 10A-4-1 of the Leesburg Zoning Ordinance
adopted March 4 , 1982 provides for the appointment of a
seventh member to the Board of Architectural Review;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia as follows :
3 Oo MINUTES OF MAY 12 , 1982 MEETING.
o Council hereby affirms the appointment by the Mayor of
Teckla H. Cox to the Board of Architectural Review, said
term to expire June 30 , 1985.
Mr. Bos was happy to see her appointed to this Board - her back-
ground will lend a lot to the way the Board works, plus it will
give them a quorom. The resolution was adopted by a vote of 6 for
and 1 abstention:
Aye : Councilmembers Bos , Cole, M. Hill , Tolbert, Willis
and Mayor Hill .
Nay: None.
Abstention: Councilmember Herrell .
82-60 - RESOLUTION - MAKING APPROPRIATIONS TO ACCOUNTS 9150-314 ,
LAND PLANNING AND 1203-300, CONTRACTUAL SER-
VICES .
On motion of Mrs. Hill, seconded by Mr. Bos , the following
resolution was proposed :
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I . An appropriation in the amount of $2500. 00 is
made to Account 9150-314 , Land Planning.
SECTION II . An appropriation in the amount of $755. 00 is
made to Account 1203-300 for the construction of an exhibit
to be displayed at the Dulles Exposition on June 26 and 27 ,
1982 .
Mr. Bos asked if they have any ideas? Mr. Weiss said they have talked
only a little about it, but VICA has a mobile exhibit and they will
look at it and perhaps use it - it will save some money. They have
some ideas for rather large graphics - try to keep it simple but fo-
cus it on a theme as yet to be determined. Generally. they will
show Leesburg as a historic district - a. good place to .visit and
a good place for business - possibly having some kind of handout
material . They want to save money on this by having the material
targeted to the clients. They are expecting as many as 75, 000 peo-
ple, so they want to have some handouts for prospective business
clients and others for people who would like to just visit Lees-
burg. They are open for any input on the design. They will be tak-
ing it to the Economic Advisory Committee tomorrow night to get their
suggestions. Mayor Hill asked if they are considering handing out
The Walking Tour? Mr. Weiss said probably not - this pamphlet is
getting so expensive and they generally just have enough to last a
year. They want something a little more simple and a little cheaper.
They can pickup The Walking Tour when they come to Leesburg. They
might make reference to it. Mrs. Hill said the cost to hand them out
would be astronomical . The resolution was unanimously adopted:
Aye: Councilmembers Bos, Cole, Herrell , M. Hill, Tolbert,
Willis and Mayor Hill .
Nay: None.
82-61 - RESOLUTION - MAKING APPOINTMENT OF STANLEY F . CAULKINS TO
AIRPORT COMMISSION EFFECTIVE IMMEDIATELY .
On motion of Mr . Tolbert, seconded by Mr. Cole, the following
resolution was proposed:
WHEREAS, Alex Green, III has orally resigned from the Lees-
burg Airport Commission effective May 12 , 1982 ; and
WHEREAS, Stanley F . Caulkins was appointed to the Leesburg
Airport Commission on April 14 , 1982, his term to begin
July 1, 1982 ; and
WHEREAS, it isdeemed appropriate that Mr . Caulkins ' s term
begin as soon as possible;
THEREFORE, RESOLVED by the Council of the Town of Leesburg
in Virginia as follows :
MINUTES OF MAY 12, 1982 MEETING. 9O
The appointment of Stanley F . Caulkins as a member of the J O
Leesburg Airport Commission shall begin on adoption of this
resolution, said term to expire June 30, 1986 .
Mrs. Hill said Mr. Caulkins has been notified of this and has already
attended some meetings, without a vote, however. Mayor Hill said Mr.
Caulkins had to make a decision as to whether to serve on the Airport
Commission or the Economic Development Committee. He decided on this
one. Mr. Cole said he has his own plane out there and is very inter-
ested in this airport. Mrs . Hill said he was involved in the old
airport. The resolution was unanimously adopted:
Aye: Councilmembers Bos, Cole, Herrell, M. Hill, Tolbert,
Willis and Mayor Hill.
Nay : None.
82-62 - RESOLUTION - CONCERNING THE PROPOSED LEESBURG AREA MANAGE-
MENT PLAN.
On motion of Mrs. Hill, seconded by Mr. Cole, the following
resolution was proposed :
WHEREAS , divergent recommendations are made in the draft county
CD and town plans for development policies and governmental juris-
diction in the Leesburg area; and
7 WHEREAS, this Council on February 24 , 1982 set out Leesburg ' s
Q concerns with the present form of the Leesburg Area Manage-
Q ment Plan and on March 24 , 1982 directed the manager to con-
fer with appropriate Loudoun County Planning department staff
on areas of agreement and disagreement between the plans :
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia as follows:
The Loudoun County Board of Supervisors is requested to con-
' tinue the discussions now going on between county and town
planning officials on areas of agreement and disagreement be-
tween the draft Leesburg Area Management Plan and the draft
Town Plan.
Mayor Hill said the Board of Supervisors will be holding a public
hearing on the LAMP plan tomorrow night and, although the Council ' s
position was presented to the County Planning Commission on March
24 , he will present it again to the Board. The resolution was unani-
mously adopted:
Aye : Councilmembers Bos, Cole, Herrell, M. Hill , Tolbert,
Willis and Mayor Hill .
Nay: None.
82-63 - RESOLUTION - APPROVING A GRANT APPLICATION TO THE VIRGINIA
DEPARTMENT OF CONSERVATION AND ECONOMIC DEVELOP-
MENT, DIVISION OF LITTER CONTROL FOR FUNDING
OF LITTER CONTROL PROGRAM.
On motion of Mr. Tolbert, seconded by Mrs . Hill , the following
resolution was proposed :
WHEREAS , the Council recognizes the need for litter control
within the boundaries of the Town of Leesburg; and
WHEREAS, the Litter Control Act of 1976 provides, through the
Department of Conservation and Economic Development, Division
of Litter Control, for the allocation of public funds to be
contributed through grant funding to local litter control pro-
grams;
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
- - 82 MINUTES OF MAY 12 , 1982 MEETING.
O The Town Manager is authorized and directed to submit an ap-
plication requesting the town ' s $1, 669 grant allocation which,
if approved, will be used for expansion of our present litter
control program.
Mrs. Hill asked if we have enough trash cans at Plaza Park? Would we
be using this grant for this purpose? Mr. Niccolls said we have more
cans coming for Plaza Park - there are funds available this year for
that. The resolution was unanimously adopted:
Aye : Councilmembers Bos, Cole, Herrell, M. Hill, Tolbert,
Willis and Mayor Hill.
Nay: None.
Mayor Hill recognized Mr. Sevila and congratulated him on his
election by the people of Leesburg to be the next Mayor. He felt
the town will be in good hands with Mr. Sevila and Mr. Gheen becoming
new members of the Council on July 1 . Mr. Sevila thanked Mayor Hill
for the support he has given him for the last week.
On motion of Mrs. Hill, seconded by Mr . Bos, Council voted unani-
mously to go into executive session, pursuant to Section 2 . 1-344 of
the 1950 Code of Virginia, as amended (a) , Exemption (6) for discus-
sion of a legal matter pertaining to annexation:
Aye : Councilmembers Bos , Cole, Herrell, M. Hill , Tolbert,
Willis and Mayor Hill. •
Nay : None.
On motion of Mrs. Hill, seconded by Mr . Tolbert, Council recon-
vened. There was no action taken.
On motion of Mrs . Hill , seconded by Mr. Tolbert, the meeting was
adjourned at 10 : 00 p.m. ..7: -/‘,,kt-e/lie. //
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