HomeMy Public PortalAbout1976_03_24 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 24, 1976. 17
A regular meeting of the Leesburg Town Council was held in the
Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on March
24, 1976 at 7 : 30 P.M. •The meeting was called to order by the Mayor
with Councilman Newman offering the invocation, and followed with the
Salute to the Flag. Present were:. Mayor G. Dewey Hilt, Councilmen
Char-les. E:' Binge, James H. Chamblin, Mary Anne Newman,. Robert A. Orr,
James A: Rock. and C. Terry Titus ; also Town Manager John Niccolls and
Town Attorney George M. Martin. -
The minutes of regular meeting of March 10, 1976 were approved as
written.
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On motion of Councilman Rock, seconded by Councilman Newman, the
first reading of a proposed ordinance amending the Town Code concerning
Nuisances, Grass and Weeds was approved, with direction to the Clerk of
Council to advertise- said ordinance in the Loudoun Times-Mirror for
public hearing on April 28, 1976. After discussion, the motion was
withdrawn and, on motion of Councilman Chamblin, seconded by Council-
man Rock, Council voted unanimously, as shown, to table the proposed
ordinance, to -be discussed at the workshop session on April- 10th.
Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and
- Mayor Hill . •
CZ Nay: None. .
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On motion of Councilman Titus, seconded by Councilman Bange, Coun-
CZ cil voted unanimously to waive the reading of a proposed ordinance to
Q amend 'certain sections of the Town Code habing to do with parking in or
obstructing fire lanes and the penalty for violation of same, and with
the penalty and methods of payment for violation of other parking regu-
lations within the corporate limits . On motion of -Councilman Titus,
seconded by Councilman Rock, Council voted unanimously to strike the
"emergency ' section of this proposed ordinance. —There followed dis-
cussion concerning the amount and method of payment of penalty for
parking in or- obstructing a fire lane: ' 'On motion- of Councilman Rock,
seconded by Councilman Bange, motion was made - to. delete the .words
I "Any person.violating -subsection .(a) .of this •section shall, upon con-
viction, be punished as prescribed in- Section 7-.77" from Sec. 7-387(c) ,
thus leaving that section to read as follows :
(c) .The penalty for. violations of subsection` (a).. shall be a
minimum fine of -$5.00 and a maximum fine of $25. 00, and
the treasurer is hereby authorized to accept the sum of
$5. 00 as the fine and penalty of subsection (a), provided
the same is received by the treasurer within 72 hours from
the date of the violation. ,
A roll call •vote on this motion was 4 to..3,' as shown:
Aye: Councilmen Bange, Newman, Orr and Rock.
Nay: Councilmen •Chamblin, Titus and Mayor Hill.
After further discussion, on motion of Councilman Titus, seconded by
Councilman Orr, .Council voted..unanimously,- as shown, to send this pro
posed ordinance .back to workshop session for further clarification.
Aye:• Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus
and Mayor Hill .
Nay: None.
On motion of Councilman Bange, seconded by Councilman Orr, the
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following ordinance was proposed:
BE IT -ORDAINED -by -the Tow -Council of Leesburg, Virginia, as
follows : .
•SECTION I. -That Sections 15-14 and 19-23 .of the Town •CodeV
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are hereby amended to read as follows : i •
Section .15-14: Availability charge for sewer taps. ' . • .
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(a) In addition to the fees prescribed by Section 15-12
and 15-13,• ,there shall be an .availability charge. This charge
shall. apply to every. sewer. tap application. and •be a fixed
charge,. based on the type of land use as stated below, - and be
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18 MINUTES OF MARCH 24, 1976 MEETING. •.
due and payable as follows : lone-half prior to issuance of a
zoning permit and one-half prior to occupancy or use of the '
structure or premises . Such charge shall be as - follows :-
(1) For single-family dwellings, . town houses, duplexes,
semi-detached units , multi-family units , apartments,
condominiums and mobile parks, $1 , 300. 00 per living
unit.
(2) For motels, $1, 300. 00 for the first unit and $100. 00
for-each additional unit. , , .
(3) For churches, restaurants, stores, service stations,
other commercial and industrial buildings and insti-
tutional-type buildings, such as schools, hospitals,
nursing homes and governmental buildings, $1,-300. 00
plus $25. 00 for .each fixture. .
(b) -This section 'shall not .be applicable to those build-
ings within- the corporate limits for which a building permit
was• issued prior - to June 10, 197O,,.nor_ to. those lots within
or without the corporate limits for which a tap fee has been paid
prior to June 10, 1970.
Section 19-23. Availability charge. •
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(a) In addition to the above fees prescribed in Section
19-21. and. 19-22, there shall be an 'availability charge. This
charge., shalldapplyttoLeyery water tap application- and .be a fixed
charge., based on the type of land use as stated below, and be
due and payable as follows : one-half prior to issuance of a
zoning permit and one-half prior to occupancy or use of the
structure or premises. Such charge shall be as follows :'
(1) , For single-family dwellings , town houses, duplexes,
semi-detached units, multi-family units, apartments,
condominiums and mobile home parks, $1, 300. 00 per
living unit.
(2) . For motels, $1, 300. 00 for the first unit and $100. 00
for each additional unit:
(3) For churches , restaurants, stores, service stations
and other. commercial and industrial buildings and
institutional-type buildings, such as schools, hos-
pitals, nursing homes and governmental buildings,
$1, 300. 00, plus $25. 00 for.:each fixture.
(b) This section shall not be applicable to those build-
ings within the corporate limits for which, a building permit
was issued prior to June 10, 1970, nor to those lots within or
without the corporate limits for which a tap fee has been paid
prior to June 10,- 1970.
SECTION II. That this ordinance shall- be. in full force and ef-
fect from.and after its passage.
Councilman Bange explained that this -ordinance has been before the
Council heretofore and was defeated because - therewas not •a ,majority
vote under the emergency clause rules . Council discussed this ordi-
nance
at„length, with the vote defeating the• ordinance •4 fo 3, as
shown: '
Aye: Councilmen Bange, Orr and Mayor Hill .
Nay: Councilmen Chamblin, Newman, Rock and -Titus.
76-49 - Resolution - Granting Waiver of Sec. 17-63 of Town Code for
Kiwanis :Club' of Leesburg for Purpose of Holding
a Circus and a Rodeo.
On motion of Councilman Rock, seconded by Councilman Orr, the
following resolution was unanimously adopted, as. shown:
BE IT RESOLVED by the Council• of the Town of Leesburg, Virginia,
as follows :
SECTION I . That Sec. '17-63 of the Town Code pertaining
to Itinerant Vendors is hereby waived for the Kiwanis Club
of Leesburg for the purpose of holding a Circus in Virginia
Village Shopping Center on April 27, 1976 and for the pur-
pose of holding a Rodeo at the old Izaak Walton League Grounds
on May 15 and 16, 1976;
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MINUTES OF MARCH 24, 1976 MEETING. '
SECTION II . That thelKiwanis Club make . traffic control ar- _
rangements satisfactory to the Town Police for the Rodeo.
Aye: Councilmen Bange, Chamblin, Newman, Orr, 'Rock, Titus
and Mayor Hill .
Nay: None.
76-50 - Resolution - Granting Waiver of. Sec. 17=63 of Town Code for
VFW Post #1177 for purpose of holding a Carnival .
On motion of Councilman Rock, ' seconded by .Councilman Orr, the
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following resolution was proposed and unanimously adopted, as shown:
BE IT RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
That Sec. 17-63 of the Town Code pertaining ' totItinerant
Vendors is hereby waived for the VFW Post #1177_ for the
purpose of holding a Carnival in Virginia Village Shopping .
Center from May 31 , 1976 to June 5, 1976'.
Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus
and Mayor Hill . -.
M Nay: None. .
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CD 76-51 - Resolution - Authorizingan. Agreement for Architectural
' Services fr Proposed Municipal Office Re
Smodeling.and' Addition. . '
On motion of 'Councilman Newman, seconded by Councilman Orr, the
following resolution was proposed :
BE IT RESOLVED by the Town Council for the Town _of Leesburg,
Virginia, as follows :
SECTION I . That the Town Manager is' hereby. authorized and '
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directed to enter into an agreement in .a form approved. by
the Town Attorney with Peter Lueders, Architect", P. 0. Box
1143, 157 .South Catoctin Circle, Leesburg, Virginia - 22075
for architectural services described below at a cost not to
exceed $20: 00 per hour or $4500. 00.
SECTION II. The agreement authorized herein shall be for
architectural services necessary for the remodeling, of exist •
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ing municipal offices . The architect shall provide schematic
design phase services for both the existing building and the
proposed addition to the existing building toward Market Street.
The architect shall provide complete'architectural services
necessary for remodeling the existing building inside and out
along with site planning .services required.
There was lengthy discussion concerning the remodeling of the existing
building, with Councilman Bange feelingdit would be more feasible to
build an entirely new building to the fronto ' this- lot. The resolution
was then adopted by a vote of 6 to 1, as shown:
Aye: Councilmen Chamblin, Newman, Orr, Rock, Titus and
Mayor Hill .
Nay: None.
Pass : Councilman Bange. '
I76-52 - Resolution - Extending Performance Bond for Loudoun Hills,
Sec. 2.
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On motion of Councilman Newman, seconded by Councilman Orr, the fol- •
lowing resolution was proposed:
BE IT RESOLVED by the Council" of the Town of Leesburg, Virginia,
as follows: .
That the Performance Bond #910519 for physical improvements
' in Loudoun Hills, Section 2, in the amount of $165, 000 be ex-
tended to March 24, 1977 , in accordance with letter received
from Fredric L. Spain, dated March 18, 1976.
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MINUTES OF MARCH 24, 1976 MEETING.
There was some discussion, with Mr. Spain explaining the reason for
this request. The resolution was unanimously adopted, as shown:
Aye: Councilmen Bange, Chamblin, Newman,. Orr, Rotk, Titus
and Mayor Hill .
Nay: None.
76-53 - Resolution - Supporting Highway Improvement Projects on
Routes ./ and 15:v
On motion of Councilman Newman, seconded by Councilman Rock, the
following resolution was proposed:
WHEREAS, The Virginia Department of Highways Transporta-
tion has invited comments on tentative allocations of - inter-
state, arterial , primary and urban funds for the fiscal year
beginning July 1 , 1976; and
WHEREAS, two highway - improvements projects have been proposed
within the Town of Leesburg: -
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of
Leesburg; Virginia, •as follows : •
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That this Council supports Virginia Department of 'Highways
Projects Nos . 0015-253-101, RW 201 (the improvement of Route
15 south of Catoctin Circle) and 0007-253-103, PE 101 (the
improvement- of intersection .of Market and Loudoun Streets
with Morven Park Road) "and authorizes the Mayor or Manager
to relate this Council ' s support for these projects at a
public hearing to be held by the Department of Highways
and Transportation on March 29, 1976.
There was discussion on these two projects , with Councilman Titus stat-
ing that he was not supporting the abandonment of Evergreen Mill Road,
however, he was in favor of the Route 15 Urban Project. It was felt
that Town Attorney Martin might look into the, agreement on this proj-
ect
insofar as Evergreen Mill Road is concerned. Also, Mr. Niccolls
stated that 'there is a third alternative to be 'discussed by' Council
at a workshop session on the Loudoun-Market Street project. The reso-
lution was then unanimously adopted, as shown: -
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Aye: Councilmen Bange, Chambl-in, Newman, Qrr, . Rock, ,Titus
and Mayor Hill .
Nay: None. -
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Councilman Orr left the meeting at this time. -
76-54 - Resolution - Making Appropriations for 1975-76: •
On motion of Councilman Rock, seconded by Councilman Newman, the
following resolution was proposed:.
BE IT RESOLVED by the Town .Council of the Town -of Leesburg,
Virginia, as follows :
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That the following appropriations are made for the 'fiscal year
ending June' 30, '1976:
$ 5, 145. 28 Acct. No. 2010. 103 Town Manager-Salary
500. 00 Acct. No. 10110. 207 Streets-Uniforms
15, 000. 00 Acct. No. 10110. 810 Streets-Storm Drainage
1 , 500. 00 Acct. Noi 10200.252 Shop-Tires/Maintenance
1, 500. 00 Acct. No. 10200. 253 .Shop-Parts/Miscellaneous
800. 00 Acct. No. 10210. 212 Buildings-Fuel, Oil, Gas
4, 500. 00 Acct. No. 10210. 801 Town Office Remodeling
MINUTES OF MARCH 24, 1976 MEETING.
$ 600. 00 Acct. No. 14020. 201 Unallocated - Postage
500.00 Acct. • No; 10120. 207 Water Lines '—Uniforms
15, 000.00 Acct. No. 10120. 818B Pumping Equipment and •
. Automation
212, 210. 73 Acct. -No. 50000. 801 Transmission Line
256, 676. 00 Acct. No. 50000. 802 Water Storage Tank
1;000. 00 Acct: No. 50000. 803 •Engineering
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4, 702.96 Acct. No. 50000. 804 Miscellaneous
After explanation by Mr. Niccolls and some little discussion, the reso-
lution was unanimously adopted, as shown:
Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and
Mayor Hill .
Nay: None.
76-55-- Resolution - Regarding the- Town of Leesburg ,v. Transamerican
Airports, Inc.
On motion of Councilman Rock, seconded by Councilman Chamblin,
the following- resolution was proposed: -
S BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows:
WHEREAS; TransAmerican Airports , Inc. has requested the' Town
of Leesburg for a delay in the legal action now pending against
said corporation. by the Town in the Circuit Court for• Loudoun
County; Virginia, so that a sale of- said corporation may be ef-
fected; and - - - •
WHEREAS,. the Town desires - to continue to accept the rent- for
the demised premises which are the ' subjectrof. the above-men-
tioned action without prejudice to the rights of the Town
against..•said corporation as a result' of the default• by said
corporation under the lease agreement- with- the Town: •
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NOW, THEREFORE, BE IT RESOLVED that the 'Town Attorney. is"
hereby instructed not to set the aforementioned case for trial
until after the expiration of 60 days from the date of adop-
tion of this resolution on the- condition that TransAmerican
. Airports , Inc. agrees to a stipulation in writing which may •
be filed in this suit that (1) the acceptance of said rent
for the subject demised premises -and (2) this action in agree-
ing to the delay requested shall not in any way whatsoever
prejudice or- compromise the rights 'of-the Town in said case
nor shall- this - action be used by said corporation as a de-
fense to, or as a bar to, the prosecution of the suit after L
the lapse of said sixty days, or in mitigation of damages
in said - case, and 'provided•'further that the aforesaid shall
not prohibit the •Town from going forward• with other matters
in said case, such as argument on- pleadings; motions, dis-
covery and the like, preliminary to setting? said case for
' trial:- - - -
IThere was some little discussion, with the resolution being adopted by
a vote of 5 to 1, as shown:
Aye: ' Councilmen Bange, Chamblin, -Newman, Rock and Mayor •Hill .
Nay: . None.'
Abstention: • Councilman C.• TerryyTi'tus .
Town Manager Niccolls stated that his report on Comprehensive Plan
Elements will be presented at a later date. The draft of the proposed
contract for refuse collection and disposal will be available for the
next workshop- session -on April 7th. The report on Country Club Subdi-
vision was attached to the Agenda.
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MINUTES OF MARCH 24, 1976 MEETING. .
Mayor 'Hill called attention to a letter received from Group 44,
Inc. , notifying the Town that this corporation will be applying for
rezoning of land adjacent to the Town 'of' Leesburg' Airport.
Mayor Hill also called attention to a request from NVPDC for ap-
pointment of a representative on the Northern Virginia Criminal Jus-
tice Advisory Council . On motion of Councilman Titus , seconded by .
Councilman Rock, the following' motion was unanimously adopted, as
shown:
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That Sgt. George W. Hunt be and he is hereby appointed as
representative to the Northern Virginia Criminal Justice
Advisory Council . '
Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and
Mayor Hill .
Nay: None.
Mayor Hill commented on the Town' s request to- the General Assembly
for a change in the State Code concerning Old and Historic Districts.
It was pointed out by Delegate Bell that this should have been a Char-
ter change and the request was received too late for any, action this
year. The Council should consider this as a change for next year.
Town Attorney Martin stated that an ordinance should be drafted making
the Board of Architectural Review valid.
Mayor Hill asked that Council members give to him by April 2nd
any recommendations they may have for appointments to Virginia Muni-
cipal League committees:nm
Councilman Titus asked the status of the Feasibility Report being
done by Johnson and Williams. Mr. Niccolls said the report is 'due
three weeks from March 3rd - the day he ordered them to proceed: He
also .elaborated on a- draft of their report and felt that this study
is going tobe very informative and helpful . He will review the
final draft and will then issue a Memo to Council . He said that the
report thus far indicates that a well supply is cheaper than buying
water from Fairfax- and- buying water from Fairfax is cheaper than the
Town -building its own plant. He is very much pleased with the -John-
son and Williams staff to date. Councilman Rock commented on. the
population projection study done in connection with 'this project.
Mayor Hill also commentedon the performance of Phillips-Nickels
Well since its rehabilitation. Councilman Titus suggested that per-
haps the pumping station' in the 'Fairview section should be reconsidered.
Town Attorney Martin said he has contacted Mr. Burt concerning the
status of the Water Control Board suit and- he will look into this and
make a report. He- did recommend that . the•.Town not dismiss the suit.
Mr. Martin also said he is trying to revive the Potter' s Field
suit. He noted a pile of trash on the Town' s' property and felt that
perhaps Jewell Trucking is parking on a portion of the Town' s property.
He suggested that perhaps a fence should be erected between Jewell
and the Town, wi"th'notice being given to Jewell before this is done.
It was also suggested that perhaps, the Garden Club might 'like` to under-
take the Potter s Field property as a beautification •puuroje}ct.e - esIt was
lit
01: naluAc $taw°If[YuSr� lE hgig r it;8laaESlelt that Mx Martin should talk with Mr RuFBiYcgaSt4Bei��nabtfiffay
intersection of Route 15 and Catoctfn -Circle in the-afternoons - he felt
that none is needed at Routes 17 and 15 since the By-Pass has been
opened. Councilman Bange agreed, but he felt that there should be
another officer on top of ' the hill on Rt. 15.
Councilman Titus was also concerned about inspection on the streets
in Country Club Subdivision. ' He •was particularly- concerned in that there
isaa catch basin that is sagging in Country Club Sec. 2. Mr. Niccolls
advised that the Town' s inspectors are on the- scene as -work is per-
formed. -
Mr. Titus also felt that the Town should consider fluoridating the
water supply<nand the cost thereof. ' ' -
On motion of Councilman Rock, seconded' by Councilman Newman, the
meeting was adjourned at 9 : 50 P.M. 1
Clerk of e Council