HomeMy Public PortalAbout1976_05_12 44: sem?t
34' MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 12, 1976.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on May
12, 1976 at 7 : 30 P.M. The_ meeting was called to order by the Mayor,
with Councilman Chamblin offering the prayer and followed by the
Salute to the Flag. Present were: Mayor G. Dewey Hill , Councilmen
Charles E. Bange, James H. Chamblin, Mary Anne Newman, Robert A. Orr,
James A. Rock and C. Terry Titus ; also Town Manager John Niccolls,
Assistant to the Manager Jeffrey H. Minor and George M. Martin, Jr.
Town Attorney.
Mayor Hill congratulated _the Mayor and Council members recently
elected to take office on July. 1. He invited Mr. Herrell and Mr. Cole
to join the Council on the rostrum and invited their comments.
The minutes of the meeting of April 28, _ 1976 were approved . .
as written.
Mayor Hill invited comment from anyone present in support of a
Petition to convert a portion of the parking meters in the Municipal
Parking Lot to 2-hour meters. There was no-one in the audience to
speak either for or against this Petition. Council members discussed
this matter briefly. Mr. Niccolls said the redevelopment program for
the parking lot proposes some 2-hour meters, however, it is not known
yet if the ones mentioned in the Petition and those proposed are the
same. It was suggested that the instigator of the Petition be advised
of the program proposed by the Town and that Mr. Niccolls furnish other
information to Council before a decision is made to change any of these
meters .
A Public Hearing was opened on an ordinance to amend Sec. 7-387
of the Town Code concerning parking in or obstructing fire lanes and
the fine for violations of the same and concerning the penalties for
violation of other parking regulations . There was no-one to speak .
either for or against the proposed ordinance. Both Councilmen Titus
and Rock felt that the penalty for parking in or obstructing fire
lanes was not stiff enough. The Public Hearing was declared closed
by Mayor Hill .
76-0-9 - Ordinance - Amending Sections 7-387, 10-161 and 10-162 of
the Town Code.
On motion of Councilman Rock, seconded by Councilman Orr, the fol-
lowing ordinance was proposed:
BE IT ORDAINED by the Town Council of the Town of Leesburg,
Virginia, as follows :
SECTION I . That Sections 7-387 , 10-161 and 10-162 of the
Town Code are hereby amended to read as follows :
Sec. 7-387 . Parking in or obstructing fire lanes .
(a) The parking of vehicles in or otherwise obstructing
areas designated and marked or signed under this article is
hereby prohibited.
•
(b) Any person violating the .provisions of this section
shall, upon conviction thereof, be punished by fine of not less
than $5. 00 nor more than $25. 00 for each offense.
(c) Any person may settle and compromise a violation of
this section by paying to the Town the sum of $5. 00 before the
next court date, which dates are on the first and third Monday
of each month at 2 : 00 p.m.
Sec. 10-161. General penalty for violation of division.
Unless otherwise provided, any person violating the pro-
visions of this division or any parking regulation promulgated
pursuant to this division shall, upon conviction thereof, be
punished by a fine of not less than $5. 00 nor more than $25.00
for each offense.
t!a t aha
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MINUTES OF MAY 12, 1976 MEETING. ' 35
Sec. 10-162. Settlement and compromise of charges. for certain
parking violations.
(a) Any person accused of parking in a metered area with-
out putting a coin in the meter to cover the required time may
settle and compromise the charge against him for such illegal
parking by inserting $1 . 00 in the envelope provided for such
purpose and depositing the same in one of the courtesy col-
lection boxes attached to parking meter standards near the
middle of each block by 7 : 00 p.m. on the day of the violation
or by paying to the town the sum of $5. 00 before the next
court date, which dates are on the first and third Mondays
of each month at 2: 00 p.m.
Any person may settle and compromise a violation of any
provision of this chapter, except as provided below, by paying
to the Town the sum of $5. 00 before the next court date,
which dates are on the first and third Monday of each month
at 2: 00 p.m.
This subsection shall not be construed to apply to persons
parking their vehicles so as to obstruct the entrance or exit
CD of any place where police or fire department apparatus or
O other emergency equipment is kept or housed or so as to block
rr an emergency entrance to a hospital , nor shall it apply to
any person charged with parking a vehicle so as to entirely
obstruct traffic in any street or alley, or parking in such
a way as to reduce traffic on an arterial street to one-way
traffic only, nor to any person who refuses to remove a vehicle
illegally parked at the request of any member of the police
department.
(b) A receipt shall be issued for all money received pur-
suant to this section and such money ' shall be promptly turned
over to the treasurer to be used in the manner provided for
the disposition of fines for traffic violations.
SECTION II. That this ordinance shall be in full force and
effect from and after its passage.
On motion of Councilman Rock, seconded by Councilman Titus, the fol-
lowing amendment was proposed:
Sec. 7-387(b) to read as follows :
(b) Any person violating the provisions of this section
shall, upon conviction thereof, be punished in accordance with
Section 1-13 of the Town Code.
Sec. 7-387(c) to be deleted.
It was felt that this would constitute a substantive change and the
ordinance would, therefore, have to be re-advertised.• Also, if viola-
tion of this section is treated as a misdemeanor, it 'would have to go
through the courts - a simple parking meter citation could not be given.
After discussion, the above amendment was defeated by a roll call vote
of 6 to 1, as shown:
Aye: Councilman Titus .
Nay: Councilmen Bange, Chamblin, Newman, Orr, Rock and
Mayor Hill .
The ordinance, as originally presented, was then adopted by a roll
call vote of 4 to 3, as shown:
Aye: Councilmen Bange, Newman, Orr and Mayor Hill .
Nay: Councilmen Chamblin, Rock and Titus .
A resolution granting a waiver of Article 9-A of the Town Zoning
regulations, subject to certain conditions, to C. Herbert Pearson for
proposed improvements .and addition to property located at 5 West
Loudoun Street (the old IGA Building) was moved' by Councilman Bange,
but died for lack of a second.
afi} ; '.3
• MINUTES OF MAY 12, 1976 MEETING.
On motion of Councilman Newman, seconded by Councilman Bange,
the following resolution was proposed:
BE IT"RESOLVED by the Council of the Town of Leesburg, as
follows:
SECTION I. That the Step I Federal Grant for the prepara-
tion of a facilities planning study for sewage collection
and wastewater treatment works awarded by the United States
Environmental Protection Agency in the amount of $49, 720 is
hereby accepted.
SECTION II. That the manager is hereby authorized and di-
rected to authorize grant agreement documents related to
the above-mentioned planning study.
On motion of Councilman Rock, seconded by Councilman Titus, and after
considerable discussion, Council voted unanimously, as shown to send
this matter back to Council Workshop:
Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus
and Mayor Hill.
Nay: None.
76-66 - Resolution - Releasing Performance Bond for Leesburg Estates,
Section 2.
On motion of Councilman Titus, seconded by Councilman Rock, the
following resolution was proposed:
•
WHEREAS, all water and sewer improvements have been approved
and accepted by the Town and the Virginia Department of High-
ways and Transportation has assumed maintenance of the streets
within Leesburg Estates, Section 2:
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Leesburg, Virginia, as follows :
That the Performance Bond #2228222 for Leesburg Estates,
Section #2, in the amount of $64, 670. 00 be and it is
hereby released.
After a brief explanation by Mr. Niccolls, the resolution was unani-
mously adopted, as shown:
Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus
and Mayor Hill.
Nay: None.
On motion of Councilman Bange, seconded by Councilman Orr, the
following resolution was proposed:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows :.
That the Manager is hereby authorized and directed to
enter into an agreement with VEPCO for installation of
three 7700 lumen street lights on concrete poles
with underground service and one 7700 lumen street
light on an existing wooden pole with aerial service
in Exeter Hills, Section 3, at an installation cost
not to exceed $1, 017 . 00.
•
On motion of Councilman Rock, seconded by Councilman Titus, a sub-
stitute motion to refer this back to Workshop to discuss a priority
system for street lighting was proposed. Mr. Niccolls explained
that the document received from VEPCO was merely a, base map andit
has been returned to them with the request that they prepare a more
detailed plan showing the existing lighting and the proposed changes.
This should be received in the next 15 days. He suggested holding
up on this resolution until the plan is received. Council then
voted unanimously, as shown, to send this resolution back to Workshop:
Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus
and Mayor Hill .
Nay: None.
37
MINUTES OF MAY 12, 1976 MEETING. .
Councilman Orr left the meeting at this time.
76-67 - Resolution - Approving Schematic Designs of the Municipal
Office mpraement Project and directin the
Architect to proceed with Construction'Documents.
On motion of Councilman Newman, seconded by Councilman Rock, the
following resolution was proposed and unanimously adopted, as shown:
BE IT RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I. That schematic. designs for the municipal
office improvements dated May 5, 1976 are hereby approved.
SECTION II. That Peter Lueders, Architect, is hereby
authorized to prepare construction drawings, specifications
and contract documents for Phase I of the Municipal Office
Improvement Program inline with the agreement between the
architect and the town dated March 26, 1976.
Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and
Mayor Hill .
Nay: None.
76-68 - Resolution - Authorizing Publication of Proposed Budget
and Tax Levy for 1976-1977 for Public gearing.
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,
in Virginia, as follows :
That a Synopsis of the Proposed Budget for the fiscal
year beginning July 1 , 1976 and ending June .30, , 1977 be
published in the Loudoun Times-Mirror on May 27 , 1976
and June 3, 1976, including• a Notice of Public Hearing
thereon to be held on June 9, 1976 at 7 : 30 P.M. in the
Council Chambers , 10 West Loudoun Street, Leesburg, Vir-
ginia.
Discussion followed, with it being understood that this resolution
merely means that "a" synopsis and "a" tax rate will be published
at the specified times - these are to be discussed and set at a meet-
ing subsequent hereto. The resolution was then unanimously adopted,
as shown:
Aye: Councilmen.Bange, Chamblin, Newman, Rock, Titus and
Mayor Hill .
Nay: None.
On motion of Councilman Newman, seconded by Councilman Bange,
the following resolution was proposed for discussion purposes :
WHEREAS, a request has been received from Village Square
Antiques& Flea Market to hold antique shows on Sunday,
June 6, 1976, and Sunday, October 3, 1976, on the streets
of Downtown Leesburg, these shows to be sponsored by the
Loudoun Restoration and Preservation Society, Inc. , and
WHEREAS, ten percent of the rental fees derived from said
antique shows will be given to the Loudoun Restoration and
Preservation Society, Inc. ,
NOW, THEREFORE, BE IT RESOLVED, that Village Square Antiques
& Flea Market is hereby granted permission to hold such an-
tique shows on Sunday, June 6, 1976, and Sunday, October 3,
1976, in the following locations :
:38
MINUTES OF MAY 12, 1976 MEETING. .
King Street West side from Loudoun Street to Cornwall
Street;
Loudoun Street North side from Wirt Street to Church Street;
Market Street South side from King Street to Theatre; and
Upper part of parking lot surrounding the Log Cabin, and
BE IT FURTHER RESOLVED, that Village Square Antiques .& Flea
Market shall show proof of liability coverage in the amount
of $500, 000, with the Town of Leesburg named as additional
insured, said endorsement to be provided to the Town one
week prior to the shows, and
BE IT FURTHER RESOLVED, that the vendors ' license shall be
waived for all exhibitors for these dates .
On motion of Councilman Rock, seconded by Councilman Chamblin, a
substitute motion was proposed to send this back to Workshop. There
followed lengthy discussion, with Mr. Niccolls pointing out that the
certificate of insurance has already.been received. The June 6th
show is approaching and they are making arrangements with exhibitors .
Councilmen Titus and Chamblin both felt that this is opening up the
public streets for private enterprise and that it is not worth it
for the small amount of money derived by the Preservation Society.
A roll call vote, as shown, defeated the substitute motion:
Aye: Councilman Rock.
Nay: Councilmen Bange, Chamblin, Newman, Titus and _ .
Mayor Hill .
A roll call vote on the original resolution then defeated it by a
vote of 4 to 2, as shown:
Aye: Councilman Bange and Mayor Hill .
Nay: Councilmen Chamblin, Newman, Rock and Titus.
76-69 - Resolution - AcceptingDeed of Easement from Roy Stowers,
et ux and Henry Stowers,.: et ux for Leesburg
Middle School Sewer Line.
On motion of Councilman Rock, seconded by Councilman Titus,
the following resolution was proposed and adopted 5 to l -abstention,as
shown:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows:
That the Deed of Easement made the 21st day of April, 1976
by and between Roy Stowers, et ux and Henry Stowers, et ux,
and the Town of Leesburg, conveying unto the Town a 20-foot
perpetual easement for the construction and maintenance of
an underground sanitary sewer line to serve the Leesburg
Middle School, and a 15-foot temporary construction easement
for said sewer line, is hereby accepted and the Mayor is
hereby authorized to acknowledge the same on behalf of the
Town.
Aye: Councilmen Bange, Newman, Rock, Titus and Mayor Hill .
Nay:. None.
Abstention: Councilman Chamblin.
76-70 - Resolution - Authorizing an Agreement for Engineering
Services for West Loudoun Street Storm
Sewer Improvements .
On motion of Councilman Titus , seconded by Councilman Rock,
the following resolution was proposed: .
BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows :
That the manager is hereby authorized and directed to enter
into an agreement with Bengtson-DeBell , Inc. , Consulting En-
gineers and Surveyors, 13924 Braddock Road, Centreville, Vir-
39
MINUTES OF MAY 12, 1976 MEETING. _
ginia - 22020, for engineering services for storm drain-
age improvements in West Loudoun Street, in accordance
with a proposal for such services dated April 22, 1976,
at a cost not to exceed $1 , 600.
•
It was pointed out that this is part of the Capital Outlay program
for next year. It was also suggested that perhaps this project
should include sidewalk and street improvements. Mr. Niccolls sug-
gested that perhaps this could be included by increasing the scope
of this project - he would talk with Mr. Bengtson about this . He
did feel that this would increase the engineering services on this
project to between $10, 000 and $15, 000. The resolution was then
unanimously adopted, as shown:
Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and
Mayor Hill .
Nay: None.
76-71 - Resolution - Concerning the Rezoning proposed by Group 44, Inc.
On motion of Councilman Rock, seconded by Councilman Chamblin,
the following resolution was proposed and unanimously adopted, as ,
shown:
WHEREAS, Group 44, Inc. , 308 Victory Drive, Herndon, Vir-
ginia 22070, has proposed revision of the Loudoun County
Zoning District Map to remove twenty (20) acres of its
-oat property on the south side of Route 654 near the Leesburg
Municipal Airport from the A-3 and R-1 zoning districts
and to place said property in the PD-IP Planning Develop-
ment-Industrial Park zoning district; and
WHEREAS, this Council has been given notice as an owner of
property adjoining the proposed rezoning; and
WHEREAS, the use of property near the Leesburg Municipal
Airport for industrial and commercial purposes is appropriate,
particularly in light of the negative' position the Loudoun
County Board of Supervisors has taken with respect to ex-
pansion of the Airport:
NOW, THEREFORE, BE IT RESOLVED by the Town Council -of-tees-
burg, Virginia, as follows :
, That the application of Group 44, Inc. for -revision of the
Loudoun -County Zoning District Map to place twenty (20)
acres of its property on Route 654 in the PD-IP Planning
Development-Industrial Park zoning district is hereby en-
dorsed and the Clerk of the Council is authorized and di-
rected to transmit a copy of this resolution to the Loud-
oun County Board of Supervisors .
Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus
and Mayor Hill.
Nay: None.
76-72 - Resolution - Concerning Safety and Maintenance Improvements
at Leesburg Municipal, Airport.
•
On motion of Councilman Chamblin, seconded by Councilman Rock,
the following resolution was proposed and adopted by a vote of 5 to
1 abstention, as shown:
WHEREAS, the Town of Leesburg has filed an application with
the Federal Aviation Administration for federal assistance
to cover 75 percent of the costs for a safety and maintenance
improvements project at Leesburg Municipal Airport; and
WHEREAS, the plan calls for construction of a 216, 000 square
foot aircraft apron, construction of holding aprons at each
end of the runway, overlay of the existing runway and taxi-
way and relocation of the segmented circle and wind cone; and
40
MINUTES OF MAY 12, 1976 MEETING.
WHEREAS, the improvements proposed are intended to increase
the safety for aircraft operations and to maintain the air-
port for economic use at the present operations level ; and.
WHEREAS, the work proposed will not change the character or
capacity of the airport; and
WHEREAS, the Metropolitan Washington Council, of Governments
requested the Loudoun County Board of Supervisors to comment
on the project as part of the A-95 review process ; and
WHEREAS, the Board on April 20, 1976 endorsed the following
safety andmaintenance improvements at Leesburg Municipal
Airport: •
a. Construction of a 216, 000 square foot aircraft
apron necessary for aircraft presently based at the' air-
port which are in need of apron space.
b. Construction of holding aprons on runways 17 and 35.
c. Rehabilitation of the existing 3, 500' x 75 ' runway
and existing taxiway, including striping and shoulder grading,
such rehabilitation necessary to maintain the -present runway
and taxiway surfaces at their present 12, 500 pound single
wheel load capacity.
d. Relocation of the segmented circle and wind cone;
and
WHEREAS, the Board further stated its intention to oppose
changes to the airport to increase its capacity and went on
record as being opposed to the Town' s final Master Plan for
Godfrey Airport as long as the plan recommends expansion of
the Airport :
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town
of Leesburg, Virginia, as follows :
That endorsement of the proposed safety and maintenance im-
provements by the Loudoun County Board of Supervisors is ap-
preciated, however, the Board ' s statements of opposition to
the Master Plan and future expansion of the airport were not
required by the issues before it, that it was unfair and un-
timely to so burden the endorsement since the Town is not pro-
posing improvements beyond those specifically contained in the
application nor requesting approval of the Master Plan, and
further that no recommendations should be made without exami-
nation of specific justifications and solutions to possible
environmental problems .
Aye: Councilmen Bange, Chamblin, Newman, Rock and Mayor Hill.
Nay: None.
Abstention: Councilman Titus .
76-73 - Resolution - Making Appropriations for 1975-76.
On motion of Councilman Rock, seconded by Councilman Chamblin,
the following resolution was proposed and unanimously adopted, as
shown:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows :
That the following appropriations are made for the fiscal
year ending June 30, 1976 :
$5, 000. 00 Acct. No. 4100. 222 Pensions & Insurance-Liability
2, 000. 00 Acct. No. 4100. 224 Pensions & Insurance-Health
2, 800. 00 Acct. No. 4100. 225 Pensions & Insurance-Workmen' s
Compensation
t.4 eon
MINUTES OF MAY 12, 1976 MEETING. 41
$3, 596. 00 Acct. No. 10110. 813 Streets Division-Street
Lighting Installation
Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and
Mayor Hill .
Nay: None.
Town Manager Niccolls called attention to his written Memo-
randum concerning safety measures proposed at Catoctin Circle and
South King Street. He explained in detail his suggestions and these
were discussed at length. Mayor Hill asked that he put his sugges-
t'
tion on the Workshop Agenda for next week.
Mr. Niccolls called attention to a Memo concerning the appoint-
ment of an Acting Zoning Administrator in the absence of Mr. Forbes .
On motion of Councilman Titus, seconded by Councilman Rock, Council
voted unanimously, as -shown:
That the Town Manager is hereby appointed Acting Zoning
Administrator in the absence of the Zoning Administrator.
Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and
Mayor Hill.
O Nay: None.
Mr. Niccolls also called attention to a Memo concerning Trans-
American Airports, Ines request for renewal of the Dulles Inter-
national Aircraft Corp. lease, which has by Council resolution been
voided heretofore. It was felt that this should be discussed further
in Workshop session.
Councilman Titus called attention to a new law enacted by the
General Assembly concerning right turns on red lights after coming
to a stop. Council discussed this briefly, but it was felt that
this would not apply to Leesburg unless specific signs were erected
to control this .
Councilman Newman called attention to the fact that the"date"
stamp says "1975. " It was felt that this was an oversight and it
will be corrected. She also reminded everyone of the reception for
Mr. Niccolls this Friday, May 14th, from 5: 00 to 7 : 00 P.M. at the
Rescue Squad Building.
Councilman Bange called attention to the fact that John Davison
has moved out of the corporate limits, thus leaving a vacancy on the
Planning Commission. Mayor Hill asked that this wait until the new
Council takes office July 1st. -
Mr. Bange asked what is being done under the new Nuisance ordi-
nance. Mr. Niccolls reported that about twenty-five inspections have
been made, with the first request for compliance letter having been
delivered. They are now working on the "weed" section of the ordi-
nance. Mr. Minor is familiar with this and is working oh it. Mr.
Bange also commented on the bad situation at the west triangle.
On motion of Councilman Rock, seconded by Councilman Titus, the
meeting was adjourned at 9 : 17 P.M.
�7 yor
Clerk of t e Council