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.
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