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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