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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. // 12 ay , 1 3 'Clerk of C uncil if