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HomeMy Public PortalAbout1976_06_09 ! =t4 'io MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 9, 1976. 47 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on June 9, 1976 at 7 : 30 P.M. The meeting was called to order by the Mayor, with Dr. Orr offering the invocation, and followed by the Salute to the Flag. Present were: Mayor G. Dewey Hill , Councilmembers Charles E. Bange, James H. Chamblin, Mary Anne Newman, Robert A. Orr and C. Terry Titus ; also Town Manager John Niccolls, Assistant to the Mana- ger Jeffrey H. Minor and Town Attorney George M. Martin. Absent from the meeting was Councilman James A. Rock. The minutes of a regular meeting of May 24, 1976 and the regular meeting of May 26, 1976 were approved as written. . Mr. Frank Raflo suggested that perhaps Council might want to look into securing some monetary assistance for a redevelopment program in the block where the old ice house stood' - this is the only property in the downtown business area that is relatively. unencumbered with buildings . He also commented that people are looking for business and office space and there seems to be an air of optimism in Lees- burg. Mayor Hill opened the public hearing on the proposed budget CO for 1976-77 and the tax levy at this time. Mr. W. L. Johnson addressed his remarks to the County and Town increase in assessments of real estate, although both are proposing to lower the tax rate. He recommended that the budget be reduced substantially and that the tax rate be reduced accordingly. Col . Michael C. Grenata also referred to the increase in taxes. He also called attention to the larges items in the budget and sug- gested that, as a means to reduce the tax rate, perhaps -some of the storm drainage projects might be postponed to another year. Mr. C. A. English Cole asked for an explanation of specific items in the budget, with either Mr. Niccolls or councilmembers sup- plying the answers. He too had suggestions for cutting the budget, thus reducing the tax rate. The public hearing was declared closed. Final action to adopt the budget will be taken on. June' 23rd at the regular meeting of Coun- cil. 76-0-10 - Ordinance - Amending Section 2-28 and adding a new Section 2-31 to the Town Code. On motion of Councilman Orr, seconded by Councilman Bange, the following ordinance was proposed: BE IT ORDAINED by the Council of the Town of Leesburg as follows : SECTION I. That Section 2-28 of the Town Code is hereby amended to read as follows : Sec. 2-28. Order of business. (a) The order of business at regular meetings shall be as follows : Invocation Salute to the flag Roll call Approval of minutes Petitioners and Communications Public Hearing Legislation Ordinances r ' Resolutions Manager' s report Mayor' s report Committee reports Old business New business ' Adjournment 4figN 48 MINUTES OF JUNE 9, 1976 MEETING. (b) Whenever practicable, the agenda, communications, reports, recommendations, proposed ordinances and proposed resolutions shall be distributed to members of council five (5) days before regular meetings and twelve (12) hours be- fore special meetings . (c) If two members object, Council shall not take up for consideration any item of business which has not been presented at a council workshop. Such items shall be pre- sented as new business in the order of business. SECTION II. That a new section is added to the Town Code as follows : Sec. 2-31 . Adoption of resolutions. Every proposed resolution shall be fully and dis- tinctly read upon introduction unless each member has been furnished a copy thereof at least twelve hours pre- viously, in which case it may be read by title only. SECTION III. That an emergency exists and this ordinance shall be in full force and effect from its passage without public publication, hearing or time interval between intro- duction and passage. On motion of Councilman Titus, seconded by Councilman Orr, Paragraph (c) was unanimously amended by Council , as follows : (c) . If one member objects , Council shall not take up for consideration any item of business which has not been presented at a council workshop. Such items shall be pre- sented as new business in the order of business . The Ordinance, as amended, was then unanimously adopted, as shown: Aye': Councilmembers Bange, Chamblin, Newman, Orr, Titus and Mayor Hill. Nay: None. On motion of Mrs. Newman, seconded by Mr. Bange, the following resolution was proposed: WHEREAS, Alfred B. diZerega, III has requested that the pro- posed concrete end wall at the intake of the 48 x 76" storm drain pipe in Rock Springs Heights, Section II-C, be changed to a metal flare end section, and WHEREAS, by using the metal flare end section with the ap- propriate rip rap will not be detrimental to the project. BE IT RESOLVED by the Town Council of the Town of Leesburg as follows : That the Director of Public Works is hereby authorized to approve the installation of a metal endwall with appropri- ate rip rap, in accordance with Town Standards and Speci- fications, at the inlet section of the 48 x 76" storm sewer pipe in Rock Spring Heights Subdivision, Section II-C. On motion of Mr. Titus, seconded by Dr. Orr, the following amendment was proposed and adopted by a vote of 4 to 2 : To be added at the end: such endwall shall not become part of the permanent drainage system installed as part of public facilities required in additional development upstream within the watershed. Aye: Councilmembers Bange, Newman, Orr and Titus. Nay: Councilmember Chamblin and Mayor Hill. There followed further discussion, with Mr. Niccolls pointing out that there would be a maintenance responsibility on the part of the Town t .- gw_41 49 MINUTES OF JUNE 9, 1976 MEETING. for even a concrete structure. The Town would be neither avoiding nor imposing maintenance costs that it would not have otherwise. The resolution, as amended, was then unanimously defeated, as shown: Aye: None. Nay: Councilmembers Bange, Chamblin, Newman, Orr, Titus and Mayor Hill . It was suggested that this go back to Workshop to be rewritten for further consideration. It was also suggested that the Town' s Stand- ards and Specifications be rewritten to take care of such situations. 76-79 '- Resolution - Regarding alternative locations for proposed construction of nursing home facilities . On motion of Mr. Titus, seconded by Mr. Bange, the following resolution was proposed: WHEREAS, the Health Systems Agency of Northern Virginia will hold a public hearing on June 8, 1976 for review of two com- peting proposals to construct and operate a nursing home in QD the Town of Leesburg: p NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : SECTION I. That the need for the development of a nursing home facility in the Town of Leesburg is recognized. SECTION II. That withoutendorsing eithernursing home pro- posal, this Council prefers nursing home development in the "MC" Medical-Hospital Center zoningdistrict, as same was specifically established in accordance with the town' s Com- prehensive Plan, to accommodate nursing 'homes and similar institutions. SECTION III. That the Clerk of the Council is authorized and directed to transmit a copy of this resolution to the Health Systems Agency of Northern Virginia and request that same be made a part of the record of their board meeting to be held on June 14, 1976. Mr. Frederick Flemming, a resident of Morven Park Road, the location proposed for one of these nursing homes , requested that ' Council de- lay sending any communication for four weeks, allowing him this time to secure the names of 100 registered voters in the area who are op- posed to a nursing home in this location. He also requested that, before any nursing home is approved to be located adjacent to the Hospital, the Hospital be required to give access to the site from its roadway. Mr. David Absy, representing Mr. Vucich, one of the two appli- cants for nursing homes, cited facts and figures involving the Vucich proposal and suggested that Councilnot get themselves involved with any recommendation other than that a nursing home is needed as quickly as possible and let the agency charged with the responsibility for determining which is the better. proposal make that determination. He also suggested that council members make themselves more familiar with the plans and the problems involved. Mr. William McDonald, of 106 W. Market Street, asked that Council seriously consider reopening the hearings on the nursing homes in Lees- burg and not send any letter of recommendation. on one -location or the other until Mr. Flemming has had time to bring in some opposition. He felt that there is certainly not unanimity in Leesburg on this subject - not on the part of the Town government nor the Health Plan- ning Council of Northern Virginia. Mrs . William McDonald added that the location on Fort Evans Road would be closer to the Rescue Squad and a more direct route to the hospital when necessary to transport an emergency patient. It would also be a safer route. 50 MINUTES OF JUNE 9, 1976 MEETING. Mayor Hill advised that Mrs . Newman, Mr. Titus and he attended the hearing last night unofficially. He indicated that this pro- posed resolution would be before the Council tonight. He felt that anything medically related should be in the area of the Hos- pital. The vote in the committee was 4 to 1 in favor of the hos- pital site and most of these on proximity. Mr. Titus felt that the strongest point made for the hospital site was its proximity to the hospital . It was pointed out that there was no knowledge of a proposal for the hospital site at the time Council discussed this at its Workshop. Mr. Niccolls pointed out that the office was not advised of this second application until Friday of last week - two days after the Workshop. Mr. Chamblin felt that this resolution does not give approval to either nursing home, but merely to the Council ' s preference for the location of "a nursing home. The resolution was then adopted by a roll call vote of 5 to 1 , as • shown: Aye: Councilmembers- Bange, Chamblin; Newman, Titus and Mayor Hill. - Nay: None: : • Abstention: Councilmember Orr. Councilman Orr left the meeting at this time. 76-80 - Resolution - Approving Performance Bond for C & P. On motion of Mr. Bange, seconded by Mrs . Newman, the following resolution was proposed and unanimously adopted, as shown: - - WHEREAS, C & •P has submitted a site plan to the Leesburg Planning Commission for approval for a proposed building to be located on the south side of Catoctin Circle, and WHEREAS, the said site plan shows certain proposed physi- cal improvements to the property required by the Leesburg Zoning Ordinance, and WHEREAS, C & P has submitted a bond in the amount of $9, 884. 00 to guarantee installation of the proposed im- provements , and WHEREAS, the bond; together with its accompanying forms, has been approved by the Town Attorney, NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: That the Performance Bond for the proposed C & P building site in the amount of $9, 884. 00 be and the same is hereby approved. Aye: Councilmembers Bange, Chamblin, Newman, Titus and Mayor Hill . Nay: None. 76-81 - Resolution - Authorizing improvements at tennis courts on Catoctin Circle and requesting commitment from County of Loudoun for one-half of said improve- ments . On motion of Mr. Bange, seconded by Mrs. Newman, the following resolution was proposed: • BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : SECTION I. That the plan for improvements at the tennis courts on Catoctin Circle presented by the Town Manager in a report dated May 26, 1976 and calling for the Town and Loudoun County to share the costs of up to $7, 000 on an equal basis is hereby approved and authorized. SECTION II. That the Town Manager is hereby authorized to request the County of Loudoun to commit an amount of $3, 500 towards this project. MINUTES OF JUNE 9, 1976 MEETING. After explanation by Mr. Niccolls , the resolution was unanimously adopted, as shown: Aye: Councilmembers Bange, Chamblin, Newman, Titus and Mayor Hill . Nay: None. 76-82 - Resolution - Granting Waiver of Sec. 17-63 of the Town Code for Citizens for Recreation, Inc. for purpose of holding a Flea Mart. On motion of Mrs . Newman, seconded by Mr. Bange, the following resolution was proposed: That Sec. 17-63 of the Town Code pertaining to Itinerant Vendors is hereby waived for Citizens for Recreation, Inc. for the purpose of holding a flea mart on a lot located on West Loudoun Street between the Fire Department and Jones Texaco Station on Saturdays and Sundays from May 15 through September 30, 1976, provided that proper arrange- ments for ingress and egress and parking facilities are approved by the Chief of Police and the Director of Public Works for the Town of Leesburg. There followed discussion concerning possible parking problems at this location, especially during the "August Court Days" cele- bration. It wasfelt, however, that this can be worked out. The resolution was then unanimously adopted, as shown: Aye: Councilmembers Bange, Chamblin, Newman, Titus and Mayor Hill . Nay: None. 76-83 - Resolution - Authorizing a contract with Herta Ouellette, ASID, of Springfield, Virginia for profes- sional interior design services. On motion of Mrs . Newman, seconded by Mr. Chamblin, the follow- ing resolution was proposed: BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : That the Town Manager is hereby authorized and directed to enter into an agreement with Herta Ouellette, ASID, of Springfield, Virginia, for interior design services described in her proposal dated May 4, 1976, at a cost not to exceed $2, 064. 00. Mr. Niccolls explained that the interior design services are needed in connection with the municipal office improvement program. He explained that, once the design has been prepared, the specifica- tions will be distributed locally with invitations to bid on the materials required. This amount is included in the original cost estimate for professional and architectural services related to the project. The resolution was adopted by a vote of 3 to 2, as shown: Aye: Councilmembers Chamblin and Newman and Mayor Hill . Nay: Councilmembers Bange and Titus . 76-84 - Resolution - Requesting Virginia Department of Highways and Transportation to establish an improvement protect for the intersection of Market Street- Loudoun Street and Morven Park Road. On motion of Mr. Bange, seconded by Mrs. Newman, the following resolution was proposed: WHEREAS, it is necessary that a request by resolution of the Town Council be made to -the Virginia Department of Highways and Transportation for each highway project; and 52 MINUTES OF JUNE 9, 1976 Meeting WHEREAS, it is necessary that in said resolution the Town agree to pay its proportionate share of costs for prelimi- nary engineering, right-of-way and construction for. the project; and WHEREAS, the Town Council has previously indicated its de- sire for a project for intersection improvements at Market Street-Loudoun Street and Morven Park Road: NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . That the Virginia Department of Highways and Transportation be, and hereby is, requested to establish a project within the corporate limits of the Town of Lees- burg for the improvement of the intersection of Market Street-Loudoun Street and Morven Park Road to include the improvement of the vertical alignment and implementation of a one-way system from the west intersection of Market Street and Loudoun Street to Ayr Street. SECTION II. That the Town of Leesburg hereby agrees to pay its share of the preliminary engineering, right-of- way and construction costs for said project under the cost formula of 85 percent by the Virginia Department of High- ways and Transportation and 15 percent by the Town of Lees- burg. SECTION III. That the Town of Leesburg further agrees that if the said project is established as herein requested and thereafter the Town of Leesburg decides not to proceed fur- ther with the said project, then the Town of Leesburg, by this resolution, agrees to repay the Virginia Department of Highways and Transportation for 100 percent of the cost in- curred for the said project to the time of the action of the Town of Leesburg to cause work to be stopped on the project. Mr. Niccolls explained that this is a procedural step. There followed some discussion with Councilman Titus stating that he was going to vote against this resolution because he opposes the flow of traffic and with Councilman-elect Herrell stating that he is in favor of it so long as this is not "putting one foot in the door to continue the one-way streets . " The resolution was then adopted by a vote of 4 to 1 , as shown: Aye: Councilmembers Bange, Chamblin, Newman and Mayor Hill . Nay: Councilman Titus . 76-85 - Resolution - Endorsin& certain herein described proposed Virginiaepartment of Highways and Transpor- tation improvements . On motion of Mrs . Newman, seconded by Mr. Bange, the following resolution was proposed: WHEREAS, the fiscal year 1977 budget for the Virginia De- partment of Highways and Transportation provides for tenta- tive allocations for the following improvements within the Town of Leesburg: - $ 25, 000 is proposed for Route 7 , Market Street, Catoctin Circle to Sycolin Road, - $ 65, 000 is proposed for Route 7 , Market Street, channel- ized intersection with Loudoun Street and Morven Park Road, - $245, 000 is proposed for Route 15, King Street, Route 7 By- pass to Catoctin Circle; and WHEREAS, said improvements are necessary and in the public interest: 53 MINUTES OF JUNE 9, 1976 MEETING. NOW, THEREFORE, BE IT RESOLVED by the Town Council of Lees- burg, Virginia, as follows : SECTION I . That the hereinabove-described improvements are hereby endorsed and recommendation made thereto that the tentative allocations established for these improvements be adopted by the Virginia Department of Highways and Transpor- tation. SECTION II. That the Clerk of the Council is authorized and directed to transmit a copy of this resolution to the Virginia Department of Highways and Transportation and that same be made a part of the record of the district public hearing to be held on June 17 , 1976. After a brief explanation by Mr. Niccolls, the resolution was adopted by a vote of 4 to 1 , as shown: Aye: Councilmembers Bange, Chamblin, Newman and Mayor Hill , Nay: Councilman Titus. 76-86 - Resolution - Accepting Deed of Dedication by Gulf Oil Corporation. r+ On motion of Mr. Bange, seconded by Mr. Chamblin, the follow- ing resolution was proposed and adopted by a vote of 4 to 1 absten- tion, as shown: BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : That the Deed of Dedication made the 19th day of May, 1976, by and between Gulf Oil Corporation and the Town of Leesburg for a parcel of land situate, lying and being on the north side of State Highway Route No. 7 (East Market Street) for street purposes is hereby accepted. Aye: Councilmembers Bange, Chamblin, Newman and Mayor Hill . Nay: None. Abstention: Councilman Titus . 76-87 - Resolution - Regarding use of public facilities for Ausust Court Days and insurance considerations taerefor. On motion of Mrs . Newman, seconded by Mr. Bange, the following resolution was proposed: BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : SECTION I. That as per the request of the Loudoun County Independent Bicentennial Committee the closing of King Street from Loudoun to Cornwall Streets, and the closing of Market Street from Church to Wirt Streets, for use during August Court Days, August 13 and 14, is hereby approved. SECTION II. That the Loudoun County Independent Bicentennial Committee is further authorized to usethe portion of the mu- nicipal parkin lot immediately west of the theater for Aug- ust Court Days activities. SECTION III. That the Loudoun County Independent Bicenten- nial Committee shall carry liability coverage in the amount of $500, 000 bodily injury and $100, 000 property damage, with the Town of Leesburg being named as additional insured, and that the certificate of insurance shall be furnished to the Town by July 30, 1976. There was discussion concerning the traffic problems that will be created by this program. The resolution was adopted by a vote of 4 to 1 , as shown: Aye: Councilmembers Bange, Newman, Titus and Mayor Hill. Nay: Councilman Chamblin. 4 MINUTES OF JUNE 9, 1976 MEETING. • 76-88 - Resolution - Appointing Town Manager as Manager of Leesburg Municipal Airport. On motion of Mrs. Newman, seconded by Mr. Bange, the following resolution was proposed and unanimously adopted after a brief expla- nation by Mr. Niccolls : BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : That the Town Manager is hereby appointed as Manager of the Leesburg Municipal Airport under the Airport Rules and Regu- lations adopted by this Council on November 27, 1974. Aye: Councilmembers Bange, Chamblin, Newman, Titus and Mayor Hill. Nay: None. Mr. Titus had the following items : (1) He asked that the Manager take action to move some of the parking meters on East Market Street just east of its intersection with King Street. This is where it was discussed that widening of the parking spaces beside the F & M Bank might discourage some of this illegal parking. (2) He was under the impression that a site plan is required when two or more facilities use the same parking area - would this not be true for the old Parker trailer court? It was felt that the same would be true for the old IGA building too. - Mr. Niccolls said this is the very issue in both cases - the ordinance does have a section describing such areas. He asked for the opportunity to pre- sent a written report on this before the next Workshop. - this involves the Town' s legal authority to require public improvements under cer- tain circumstances. • (3) He has heard some discussion concerning the Town' s denial of a waiver of availability fees for the Leesburg Middle School sewer line. There was lengthy discussion concerning this matter and it was suggested that members of the School Board be invited to attend the next Workshop to discuss this further. Mr. Bange received a request to clean up the alleyway between Wilson Avenue and Fairview Street. He also questioned the cleaning of the Babson property at the west triangle. 76-89 - Resolution - Granting an extension of the performance of work • by Crestwood Construction Corporation.. • On motion of Mr. Bange, seconded by Mrs. Newman, the following resolution was proposed: WHEREAS, a request has been received from Crestwood Construc- tion Corporation for an extension of the time for perform- ance under the bonds for physical improvement for Sections 3 and 3-A of Crestwood Hamlet Subdivision; and ¢/HEBEAS, Broyhill Insurance Agency has notified the Town of Leesburg that the premiums on said bonds have been paid until November 21, 1976; and WHEREAS, the Director of Public Works estimates that ninety percent of the work has been completed, NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, Virginia: That the time for performance under the aforesaid bonds for Sections 3 and 3-A of Crestwood Hamlet Subdivision be extended for a period of sixty days to August 7, 1976; and BE IT FURTHER RESOLVED: 55 MINUTES OF JUNE 9, 1976 MEETING. . That Crestwood Construction Corporation and Republic In- surance Company be notified of the granting of the afore- said extension. After explanation for this request by Mr. Niccolls and lengthy dis- cussion by Council, the resolution was adopted by a vote of 3 to 2, as shown: Aye: Councilmembers Bange, Chamblin and Newman. Nay: Councilman Titus and Mayor Hill. 76-90 - Resolution - Approving Performance Bond for Redel Develop- ment Co. On motion of Mr. Bange, seconded by Mr. Chamblin, the following resolution was proposed: WHEREAS, Redel Development Company has submitted a site plan titled "S & R. Chevrolet" to the Leesburg Planning Commission for approval, and WHEREAS, the said site plan has received preliminary approval by the said Commission, and ; WHEREAS, Redel Development Co. has submitted a bond in the amount of $9, 607 . 00 to guarantee installation of certain re- quired improvements shown on the said- site plan, and WHEREAS, the bond, together with its accompanying forms, has been approved by the Town Attorney: NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : That the Performance Bond by Redel Development Company, as principal , and the Travelers Indemnity Company, as surety, in the amount of $9, 607 . 00 be and the same is hereby ap- proved. After some explanation by Mr. Nelson, attorney for Redel Develop- ment Company, and discussion by the Council, the resolution was adopted by a vote of 4 to 1 , as shown: Aye: Councilmembers , Bange, Chamblin, Newman and Mayor Hill . Nay: None. Abstention: Councilman Titus . On motion 'of Mr. Bange, seconded by Mrs . Newman, the meeting was adjourned at 10: 28 P.M. Mayox- Cler o t�jte4E-a uncil