HomeMy Public PortalAbout1976_08_25 '94
MINUTES OF REGULAR MEETING OF LEESBURG- TOWN COUNCIL, AUGUST 2.5, 1976.
A regular meeting of the Leesburg Town Council was• held in
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia,
on August 25, 1976. The meeting was called to order by the Mayor
at 7 : 39 P.M. , with the invocation being offered by Mr. Cole, and
followed with the_ Salute to the Flag-. Present we're.: - Mayor Mary
Anne Newman, Councilmembers Glen P. Cole,..Stanley D. -Herrell ,_ Jr. ,
James A. Rock, C. Terry Titus and John W. Tolbert, Jr; also Town
Manager John Niccolls, Assistant to the Town Manager Jeffrey H.
Minor and Town Attorney George M. Martin. Absent was Councilmem-
ber Charles .E. Bange.
The minutes of the regular meeting of July 2811976 were ap-
proved as written, and the minutes of the regular meeting of Aug-
ust 11,1976 were approved with one minor correction.
Mr. John Ross, speaking in behalf of his mother who lives at
227 Edwards Ferry Road, said that the curb and gutter in front of
this residence has been damaged by the contractor who is working
on the installation of the water transmission line on Edwards Ferry
Road. Also, the stone columns on either side of- the driveway ap-
pear to have been damaged. He understood that the dust problem
will be taken care of - calcium chloride was put down for the first
time tonight. Mr. Niccolls advised that he will look into this.
76-0-16 - Ordinance - Amending Section 10r171 of the Town Code re
Parking -Meter Zones.
On motion of Mr. Cole,- seconded by Mr. ' Herrell, the following •
ordinance was proposed and adopted:
BE IT ORDAINED by the Council of the Town of Leesburg, Vir-
ginia, as follows : •
SECTION I. That Section 10-171 of the Town Code is hereby
amended to read as follows :
Sec. 10-171. Establishment of meter zones and parking
time limits therein.
Parking meter zones, with the following time limits- for
lawful parking, are hereby established as follows :
(1) West side of. King Street, between Loudoun Street
and North Street, for two (2) hour parking at any
one time.
(2) East side of King Street, between VEPCO right-of-
way and Royal Street, for two (2) hour parking at
any one time.
(3) South side of Market Street, between Church Street
and Wirt Street, for two (2). hour parking at any
one time, except that the time limit for lawful
parking shall be fifteen (15) minutes at any one
time in front of the Post Office on Market Street.
(4) Municipal parking area between Wirt Street, King
Street, Loudoun. Street and Market Street for ten.
(10) hour parking, except that forty (40) spaces
shall be designated for two (2) hour parking at
any one time. '
(5) East side of Church Street, between Edwards Ferry
Road and Cornwall Street, for two (2) hour parking
at any one time, except that two (2) spaces shall be
unmetered and reserved for official cars of the State
and Town Police and the County Sheriff' s Department.
SECTION II. That an emergency exists and this ordinance
shall be in full force and effect from and after the in-
stallation and adjustment of parking meters in accordance
with this ordinance.
Aye: Councilmembers Cole, Herrell , Rock, Tolbert and Mayor
Newman. '
Nay: Councilmember Titus.
95
MINUTES OF AUGUST 25, 1976 MEETING.
76-0-17 - Ordinance - Regarding employment of parking meter at-
tendants for the purpose of enforcing
Article VI, Division 2 of the Town Code.
On motion of Mr. Herrell, seconded by Mr. Titus, the following
ordinance was proposed:
BE IT ORDAINED by the Council of the Town of Leesburg, Vir-
ginia, as follows :
SECTION I. That the Town Code is hereby amended by adding
a new section to be numbered Section 10-180, which shall•
read as follows :
Section 10-180. Enforcement of Division by parking meter
attendant.
•
(a) For the purpose of this section, parking meter at-
tendants shall be defined as those persons over the
age of 21 who are authorized by the Chief of Police
to identify and tag vehicles in violation of this
division, without the power of arrest.
(b) The manager may employ individuals to serve as park-
ing meter 'attendants, for the limited purpose of tag-
ging with overtime parking notices, vehicles in vio-
lation of this division, and providing information
to officers on parking violations as necessary.
(c) Such attendants employed for this purpose shall first
receive training as the Chief of Police determines
necessary to fully discharge the duties of the posi-
tion.
•
(d) Persons employed as parking meter attendants shall,
while identifying and tagging vehicles in violation
of this division, wear a uniform as determined by
the Chief of Police, distinctive from the regular
police uniform in use by the municipality.
SECTION II.' That an emergency exists and this ordinance
shall be in full force and effect from and after its passage.
There was discussion as to whether or not this attendant would have
the power to cite all parking violations'. Mr. Niccolls explained
that it is intended that such an attendant would be involved with
parking violations only. Also, this would be on a trial basis -
this ordinance is only an authorization to hire someone, not an
appropriation. Finally, it was the consensus of Council that this
is a temporary position at this time. The ordinance was then unani-
mously adopted:
Aye: Councilmembers Cole, Herrell , Rock, Titus, Tolbert and
Mayor Newman.
Nay: None.
76-134 - Resolution - Authorizing a contract for Municipal Office
Remodeling and making an appropriation
therefor.
On motion of Mr. Rock, seconded by Mr. Tolbert, the following
resolution was. proposed:
BE IT RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I. That the manager is authorized and directed
to enter into a contract with Free State Builders, Inc. ,
P. 0. Box 8024, Washington, D. C. 20024.,. for alterations
and renovation of the municipal office. building.' in, accord-
ance with the July 14, 1976 plans and 'specifications for
the work by Peter Lueders, Architect, for the stipulated
•
96
MINUTES OF AUGUST. 25, 1976 MEETING.
•
sum of $95, 311. 00 and further provided that the manager
may authorize change orders of the work provided in the
contract as may be recommended by the architect provided
the net additional cost to the town for such change orders
shall not exceed an amount equal to three percent of. the
stipulated sum of the contract.
SECTION II. That an appropriation is hereby made to Account
No. 10210-801 , Municipal Office Remodeling, for the fiscal
year ending June 30, 1977 in the amount of $98, 170.00.
Mr. Titus stated that, although he feels the remodeling of the Town
Office is more than justified, he will vote against this resolu-
tion
because he would prefer hiring a local contractor - he felt
the Town would benefit in the long run, even though the local bidder
submitted a higher bid. Mr. Herrell was not' in favor of the entrance
to the Town Office being moved behind the theater. A roll call vote
on this resolution was as follows :
Aye: Councilmembers Cole, Rock, Tolbert and Mayor Newman.
Nay: Councilmembers Herrell and Titus.
76-135 - Resolution - Making appropriation for 1976-77 .
On motion of Mr. Titus , seconded by Mr. Rock, the following
resolution was proposed:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows :
That the following appropriation is made for the fiscal
year ending June 30, 1977 :
$22, 090. 15 Acct. No. 10110. 808 New Street Construction
Mayor Newman explained that this is the Town' s share of payment due
the State Highway Department for engineering and purchase of right-
of-way
in connection with the Catoctin Circle-King Street improve-
ment project. Mr. Titus said he would like to know to whom this
right-of-way money was paid - he felt this was a large sum of money
for improvements to all the properties involved. The resolution was
then unanimously adopted:
Aye : Councilmembers Cole, Herrell, Rock, Titus, Tolbert and
Mayor Newman.
Nay: None.
76-136 - Resolution - Concerning HR 12215.
On motion of Mr. Herrell , seconded by Mr. Core, the following
resolution was proposed: '
WHEREAS, the United States Congress is considering HR 12215,
a bill to authorize construction of a water diversion struc-
ture on the Potomac River subject to execution of an agree-
ment providing for equitable allocation of available water
during low flow periods of the Potomac River; and
WHEREAS, this Council recognizes the need for agreements in
the Washington Metropolitan area which would permit equitable
allocation of Potomac River flows ; and
WHEREAS, HR 12215 lacks provisions guaranteeing Virginia and
Leesburg' s riparian rights to the water of the Potomac River:
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of
Leesburg, Virginia, as follows :
That this Council opposes adoption of HR 12215 until amend-
ment of the bill to make the Town of Leesburg; the Fairfax,
Virginia, County Water Authority; the City of Rockville,
Maryland; and the State of Virginia as required parties to
oAd,is
WaVat
MINUTES OF AUGUST 25, 1976 MEETING. - 97
the agreement provided for in the bill and further that
the agreement shall relate only to the question of allo-
cation and withdrawal of water during periods of low flow
and other matters as are essential to construction of the
diversion structure.
•
There was discussion concerning the meaning of the Bill itself,
with Mr. Titus and Mr. Rock expressing their views. It was the
general consensus, though, that this could have adverse effects on
the Town' s rights to withdraw water from the Potomac, particularly
during periods of low flow. Mr. Niccolls felt the Town and other
jurisdictions will be sitting down with representatives next year
and giving more definitive positions on these issues. Mr. Rock
wanted a specification of the Town' s riparian rights. The resolu-
tion was then adopted by a vote of 5 to 1 :
Aye: Councilmembers Cole, Herrell, Rock, Tolbert and Mayor
Newman.
Nay: Councilmember Titus.
•
Resolution authorizing a contract. with Hartzog, Lader and Richards
and the Piedmont Environmental Council for the 1976 Old and
Historic District Planning Program.
O
On motion of Mr. Titus, seconded by Mr. Tolbert, a proposed
CL resolution was introduced. There followed lengthy discussion con-
:-. cerning the proposed study, with Mr. Niccolls explaining in detail
the expected accomplishments. A roll call vote on the proposed
resolution was 5 to 1 , thus defeating the resolution:
Aye: Councilmember Cole.
Nay: Councilmembers Herrell, Rock, Titus, Tolbert and Mayor
Newman.
•
On motion of Mr. Rock, seconded by Mayor Newman, Council voted 5 to
1 to reconsider the resolution:
Aye: Councilmembers Cole, Herrell, Rock, Tolbert and Mayor
Newman.
Nay: Councilmember Titus.
On motion of Mr. Rock, seconded by Mr. Cole, Council voted 5 to 1
to send the resolution in question-back to Council workshop:
Aye: Councilmembers Cole, Herrell , Rock, Tolbert and Mayor
Newman.
Nay: Councilmember •
Titus:
76-137 - Resolution - Authorizing a contract with Bengtson-DeBell,
Inc. for engineering services or 1976 Water-
' works Improvements.
On motion of Mr. Rock, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
• BE IT RESOLVED by the 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
Engineers and Surveyors, P. 0. Box 429 , Centreville, Vir-
ginia 22020, for engineering services for the 1976 water-
works improvements as described in the July '19, 1976 re-
quest for proposals and the August 10, 1976 proposal for
engineering services for 1976 waterworks improvements from
Bengtson-DeBell , Inc. at a cost not to exceed $64, 675.00.
Aye: Councilmembers Cole, Herrell, Rock, Titus, Tolbert and
Mayor Newman. .
Nay: None. -
I) 444,
. _��.�•.� %..
98
MINUTES OF AUGUST 25, 1976 MEETING.
76-138 - Resolution - Denyingrequest of Crestwood Hamlet, Section
2-A, fr extension of contract and performance
bond.
On motion of Mr. Titus, seconded by Mr. Rock, the following reso-
lution was proposed and unanimously- adopted:
WHEREAS,' a request has been received for a 90-day extension
of the contract and performance bond for Crestwood Hamlet,
Section 2-A, and
WHEREAS, the original one year time for completion of public 111improvements has been extended in three one-year increments
from August 24, 1973 to August 24, 1976 :
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Leesburg, Virginia, as follows :
SECTION I. That the request- for a 90-day extension of the
contract and performance bond for Crestwood Hamlet, Section
2-A, be and it is hereby denied.
SECTION II. That legal action will be initiated by the
Town of Leesburg if the required work is not completed by
September 1, 1976.
Aye: Councilmembers Cole, Herrell, Rock, Titus, Tolbert and
Mayor Newman.
Nay: None.
76-139 - Resolution - Approving Andover Meadow, Sections 1 and 2.
On motion of Mr. Titus , seconded by Mr. Tolbert, the following
resolution was proposed:
BE IT RESOLVED by the Council of the Town of Leesburg, Vir-
ginia, as follows :
SECTION I. The Town Manager is authorized to sign the
Standard Agreement for Installation of Physical Improve-
ments and Facilities in Subdivisions (P. C. 2) for Andover
Meadow, Sections 1 and 2.
The performance bond presented with the agreement in the
amount of $195, 631.00 with Sorensen Construction Corpora-
tion as Principal and The Travelers Indemnity Company as
Surety is approved.
SECTION II. Extension of the municipal water and sewer
works for Andover Meadow, Sections 1 and 2 is approved.
Mr. Lester Sorensen, Jr. advised that all requirements of the town
either have been met or will be •met by September 15th for 21 lots
in Section 1. Mr. Titus suggested that perhaps the Company might
like to buy back the lot intended for a well site for the town.
Mr. Sorensen indicated they would be willing to entertain discus-
sion on this at a workshop session. The resolution was then unani-
mously adopted:
Aye: Coundilmembers Cole, Herrell, Rock, Titus, Tolbert and
Mayor Newman. ,
Nay: None.
76-140 - Resolution Approving Rock Spring, Section 1-D.
• There was lengthy discussion concerning a;storm drainage ease-
ment needed across the back lots in this subdivision and concerning
the fact that the Performance Bond has not yet been delivered, al-
though the insurance company has indicated that this will be done
in the next day or two. On motion of Mr. Titus, -seconded by Mr.
Tolbert, the following resolution was proposed and unanimously
adopted: -
99
MINUTES OF AUGUST 25, 1976 MEETING.
.BE IT RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I. The Town Manager is authorized to execute the
Standard Agreement for Installation of Physical Improvements
and Facilities in Subdivisions (P.C. 2) for Rock Spring,
Section I-D upon presentation of a performance bond on or
before September 1, 1976 in a form approved by the town at-
torney in the amount of $40, 886. 78, provided that an ease-
ment for storm drainage is provided across the westernmost
part of this subdivision.
SECTION II. Extension of the municipal water and sewer
works for Rock Spring, Section I-D, is approved.
SECTION III. If the provisions of Section I are not com-
plied with fully, then this resolution is null and void.
Aye: Councilmembers Cole, Herrell, Rock, Titus, Tolbert and
Mayor Newman.
Nay: None.
•
76-141 - Resolution - Approving Paul Bradshaw, Inc. Homes located
at 264 and 268 Dry Mill Road.
•
On motion of Mr. Herrell, seconded by Mr. Cole, the following
resolution was proposed and unanimously adopted:
BE IT RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I. The Town Manager is authorized to sign the
Standard Agreement for Installation of Physical Improve-
ments and Facilities in Subdivisions (P.C. 2) for 2 homes
located at 264 and 268 Dry Mill Road, and the certified
check presented with the agreement in the amount of
$7, 270. 00 is approved.
SECTION II. Extension of the municipal sewer works for
these two lots located at 264 and 268 Dry Mill Road is
approved.
Aye: Councilmembers Cole, Herrell , Rock, Titus, Tolbert and
Mayor Newman.
Nay: None.
76-142 - Resolution - Authorizing purchase of one 1977 model Van-
type truck. •
On motion of Mr. Rock, seconded by Mr. Tolbert, the following
resolution was proposed:
BE IT RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I. That the manager is authorized and directed to
enter into an agreement for the purchase of one 1977 model
van-type truck as described in the July 28, 1976 specifica-
tions issued by the Director of Public Works with• S-and R
Chevrolet-Oldsmobile, Inc. , P. 0. Box 876, - Leesburg, at a
price not to exceed $3, 815.00.
SECTION II. That an additional appropriation is hereby
made for the fiscal year ending June 30, 1977 as follows :
Account No. and Name Appropriation
10301-803 Auto Equipment $3, 815.00
It was explained that this truck will be used for hauling meters and
meter •parts.. The resolution was unanimously adopted:
Aye: Councilmembers Cole, Herrell, Rock, Titus, Tolbert and
Mayor Newman.
Nay: None.
100
MINUTES OF AUGUST 25, 1976 MEETING.
76-143 - Resolution - Granting waiver of Section 17-75 of the
Town Code to LARC and ECHO for the purpose
of operating The Blossom and Bloom Thrift
Shop, Inc. and to Loudoun Memorial Hospital
for the purpose of operating The SnackBar
and Gift Shop; - •
On motion of Mr. Titus, seconded by Mr. Tolbert, the following
resolution was proposed and. unanimously adopted: •
BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows :
SECTION I. That Section 17-75 of the Town Code pertaining
to retail merchants is hereby waived for LARC and ECHO, non-
profit organizations, for the purpose of operating the Blos-
som and Bloom Thrift Shop, Inc. through June 30, 1977.
SECTION II. That Section.47-75 of the Town Code pertaining
to retail merchants is hereby waived for the Loudoun Me-
morial Hospital for the purpose of operating a snack bar
and a gift shop.
Aye: Councilmembers Cole, Herrell , Rock, Titus , Tolbert and
Mayor Newman.
Nay: None.
Town Manager Niccolls reported that Council will receive a
report on Friday concerning the proposed amendment to the Compre-
hensive Plan.
Mr. Niccolls also announced the tentative plans for accommoda-
tions for the municipal office staff during the remodeling of the
Town Office.
Mayor Newman noted that a zoning permit has been issued for
the "Jack in the Box" on the old ice house property.. She asked that
a notice be sent to the proper authorities to have this property
cleaned up. Mr. Minor reported that an order was issued today to
Ballard and Associates, Inc. , the owner of the property at this time.
It has been reported to him that settlement will take place on August
30th.
Mr. Rock asked that some action be taken to disband the unde-
sirable element using the VEPCO right-of-way between the back of his
property in Prospect Hills and Hirst' s Lumber yard. He said the bad
language and comments made to women and children in this area ae de-
plorable.
Mr. Titus called attention to a meeting with the Board of Super-
visors to be held on September 7th at the School Board Annex.
Mr. Herrell noted that the Board of Supervisors voted unani-
mously to waive inspection fees for the Town Office remodeling. He
wondered if we asked for that. Mr. Niccolls advised that we did:
Mr. Titus announced that the Facilities Planning Policies for
water and sewer service areas have been dropped f:ronconsideration at
P :—this time.
N '
On motion of Mayor Newman, seconded by Mr. Cole, Council voted
unanimously to go into executive session at 8 : 55 P.M. to discuss a
personnel and a legal matter.
On motion of Mr. Cole, seconded by Mr. Tolbert, Council recon-
vened at 9 : 27 P.M. , with no action taken. On motion of Mr. Rock,
seconded by Mr. Tolbert, the meeting was adjourned at 9 : 28 P.M.
-/ May � �
• I itrzR�/
Clerk of t e Council