HomeMy Public PortalAbout1976_11_24 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 24, 1976 129
A regular meeting of the Leesburg Town Council was held in the
Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on No-
vember 24, 1976. The meeting was called to order by the Mayor at
7 : 35 P.M. with the invocation being given by Mr. Herrell , and fol-
lowed with the Salute to the Flag. Present were: Mayor Mary Anne
Newman, Councilmembers Charles E. Bange, Glen P. Cole, Stanley D.
Herrell, Jr. , James A. Rock, C. Terry Titus and John W. Tolbert, Jr. ;
also Town Manager John Niccolls and Assistant to the Manager Jeffrey H.
Minor.
The minutes of the regular meeting of November 10, were approved
as written.
76-168 - Resolution - Authorizing a contract for storm drainage improve-
ments and making an appropriation therefor.
On motion of Mr. Rock, seconded by Mr. Cole, the following resolu-
tion was proposed:
BE IT RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
C) SECTION I. The manager is authorized and directed to execute
Cr) a unit price contract on behalf of the town with Perry Engi-
(4) neering Co. , Inc. , P. 0. Box 891 , Leesburg, Virginia 22075
for storm drainage improvement phases I, II and V in accord
with the invitation to bid, information to bidders, general
specifications and the plans for said work issued by the
manager October 1 , 1976 and the proposal- received November 1 ,
1976 from Perry Engineering Co. , Inc. for such work for the
contract price of $248 , 456. 95. The contractor shall not be
given notice to proceed until the Town Attorney has certified
all necessary rights-of-way have been granted or rights-of-
entry secured.
SECTION II. An appropriation is hereby made for`the fiscal
year ending June 30, 1977 as follows : • •
Account No. and Name: Appropriation:
10110. 810 Storm Drainage • $248, 500 .00
There followed -discussion concerning the needed easements for these
improvements. Mr. Niccolls felt that two out of the three easements
in dispute will be solved without difficulty, however, he felt that
the other will probably go to Court. There will be a time period be-
tween the time Council acts on this resolution and the award of the
contract. Also, the time authorizing the start of construction must
allow adequate time to provide necessary easements or entries.. The
easements in question are in Phase II of the project. Work can pro-
ceed on Phase I and the West Loudoun Street project. The resolution
was then adopted by a vote of 6 to 1 :
Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and
Mayor Newman.
Nay: Councilmember Titus. •
76-169 - Resolution - Authorizing Notice of Publication of Public
Hearing on proposed Charter amendments.
On motion of Mr. Bange, seconded by Mr. Herrell, the following
resolution was proposed and unanimously adopted:
•
BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows :
A summary of Proposed Amendments to the existing Charter of
the Town of Leesburg shall be published in the Loudoun Times-
Mirror on December 2, 1976 for Public Hearing on Wednesday,
December 22, 1976 at 7 : 30 P.M. in the Council Chambers, 10
West Loudoun Street, Leesburg, Virginia.
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and, Mayor Newman.
Nay: None. •
:.
44' dj*
MINUTES OF NOVEMBER"24; '1976 MEETING,
76-179 - Resolution - Authorizing Notice of Publication of Public
Hearing on Community Development Funding Pre-
application.
On motion of Mr. Cole, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted after a brief dis-
•
' cussion:
RESOLVED by the Town Council of the Town of Leesburg, Vir-
ginia, as follows :
A Notice of Public Hearing relative to the town' s pre-appli-
cation
for federal Community Development Block Grant dis-
cretionary funds shall be published in the "Loudoun Times-
Mirror on December 2, 1976 for Public Hearing on Wednesday,
December 8, 1976 at 7 : 30 P.M. in the Council Chambers, 10
West Loudoun Street, Leesburg, Virginia.
Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus , Tolbert
and Mayor Newman,
Nay: None.
76-171 - Resolution - Accepting recommendations for correction of
sand problems at Myers Well and authorizing-
preparation of final plans. •
On motion of Mr. Titus, seconded by Mr. Rock, the following
resolution was proposed and unanimously adopted:
BE IT RESOLVED by the Council of the Town of Leesburg, Vir-
ginia, as follows : _
SECTION I. The recommendation from Bengtson-DeBell, Inc.
for correction of sand problems at Myers Well as contained
in the November, 1976, report is accepted.
• SECTION II: . Bengtson-DeBell, Inc. , consulting engineers,
are authorized to prepare detailed plans, specifications,
construction and bid documents for the facilities required
to control sand at Myers Well as part of the 1976 water-
works improvements.
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus , Tolbert
and Mayor Newman.
Nay: None.
76-172 - Resolution - RenamingFourth Street Davis Avenue and naming
unnamedstreetDavis Avenue.
On motion of Mr. Bange, seconded by Mr. Tolbert, the following
resolution was proposed and adopted after brief discussion:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows :
SECTION I. That Fourth Street from South King Street to
South Wirt Street is hereby renamed Davis Avenue.
SECTION II. That the unnamed street from South Wirt Street
to Valley View Avenue is hereby named Davis Avenue.
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
76-173 - Resolution - Approving Belmont Subdivision.
Mayor Newman declared a five-minute recess to allow Council time
to read a Memo concerning Belmont Subdivision from Town Manager Niccolls.
Mr, Ken Stock, attorney representing Mr. Carlton, the developer,
said that the existing pro lem of a drainage easement between .Lots 4 and
5 of Belmont Subdivision ig/Eh °fact that when buildings are constructed
on this land, the velocity of water will be increased. He requested
the town meet with their engineer to try to design velocity impeders
to slow down this water. In the meantime, he requested that Mr. Carlton
1.
MINUTES OF NOVEMBER 24, 1976 MEETING. 31
be given permission to construct the water and sewer lines contingent
on their engineer presenting to the town a. satisfacory engineering pro-
posal dealing with the velocity of the water run-off: Mr. Niccolls sug-
gested that if the town is not satisfied, the developer would have to
come back with an alternate system. Mr. Carltonalso addressed Coun-
cil, explaining that Belmont Subdivision had been a victim of the sewer
moratorium. Council' discussed the various facets of this situation at
length. On motion of Mr. Herrell, seconded by Mr. Tolbert, the follow-
ing 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 execute the
Standard Agreement' for installation of Physical Improvements
and Facilities in Subdivisions (P. C. 2) for Belmont Subdivi-
sion.
SECTION II. Extension of the municipal water and sewer works
for Belmont Subdivision is approved.
SECTION III. This resolution will not be effective until
construction plans have been approved, including acceptable
provisions for storm drainage.
Cr.
.= After further discussion, the resolution was adopted by a vote of 4
to 3 :
•
Aye: Councilmembers Bange, Cole, Herrell and Tolbert.
Nay: Councilmembers Rock, Titus and Mayor Newman.
Reduced Performance Bond for public improvements at Heritage Square,
Phase I.
Council discussed a proposed resolution concerning the above, how-
ever, it was brought to the attention of Council members that the bond
is good for two years, but it must be extended each year. On motion of
Mr. Bange, seconded by Mr. Cole, Council voted unanimously to table this
resolution until the next regular meeting. '
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus , Tolbert
and Mayor Newman.
Nay: None.
76-174 - Resolution - Releasing Performance Bond on Parker Subdivision,
Lots It 2 and 3.
On motion of Mr. Titus, seconded by Mr. Cole, the following reso-
lution was proposed and unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows :
SECTION I. That certain agreement entered into on the 22nd
day of July, 1975, by and between Paul E. Bradshaw and- the
Town of Leesburg, Virginia, to install certain improvements
as shown on a Site Plan designated "Proposed Office Building--
Lots 1 , 2 and 3, Parker Subdivision" is hereby nullified, and
SECTION II. That performance bond #397B5739 in the amount of
$8; 296. 00 with Paul Bradshaw, as principal , and Travelers In-
demnity Company, as surety is hereby released.
Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert
and Mauor Newman.
Nay: None. •
76-175 - Resolution - Affirming appointment to Board of Architectural
Review. - -
On motion'of Mr. Titus, seconded by Mr. . Tolbert; the following
resolution was proposed and unanimously adopted: '
BE IT RESOLVED by the Council of the Town' of Leesburg, Vir-
ginia, as follows : ' '
I32
MINUTES OF NOVEMBER 24, 1976 MEETING.
Council hereby affirms the appointment by the Mayor of
Charles A. Bos to fill the unexpired term of Dick A.
Richards as a member of the Board of Architectural Re-
view, said term to expire on July 26, 1978.
Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert
and Mayor Newman.
Nay': None.
76-176 - Resolution = _Granting waiver of Sec. 17-63 of the Town Code
for Leesburg Lions Club for purpose of selling
Christmas trees.
On motion of Mr. Bange, seconded by Mr. Cole, the following reso-
lution
was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia as
follows :
Sec. 17-63 of the Towh Code pertaining to Itinerant Vendors
is waived for the Leesburg Lions Club for the purpose of sell-
ing Christmas trees from December 10, 1976 through December 24,
1976.
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and Mayor Newman.
Nay: None. •-
76-177 -. Resolution - Making appropriations for 1976-77.
On motion of Mr. Titus, seconded by Mr. Tolbert, the following ,
resolution was proposed and unanimously adopted:
BE IT RESOLVED by the Town Councilof the Town of Leesburg,
Virginia, as follows : -
That the following appropriations are made for the fiscal II •
year ending June 30, 1977 :
$ 7 , 300. 00 Acct. No. 10110. 807 Streets Division-
Equipment
20, 000. 00 Acct. No. 10110. 811 Streets Di\nsion -
Replace Curb/Gutter/Sidewalk
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and Mayor Newman.
Nay: None. •
Town Manager Niccolls called attention to the Statement of Goals
for each department director for 1977 and invited suggestions, com-
ments and criticisms concerning these goals from Council members.
Mr. Niccolls reported that Amoco of Baltimore has engaged a con-
tractor to remove the- tanks on Tuscarora Creek, this to be done im-
mediately after Thanksgiving.
Mr. Niccolls called attention to items on the Manager' s Report
concerning the employment of an engineer and on water use at the J.
Lupton Simpson Middle School.
Mayor Newman publicly commended the Fire Department for the job
they did in containing the fire on South King Street Monday night.
Mr. Rock called attention to a large hole in the street on West
Loudoun Street on the south side just beyond the Fife House.
At the request of Mr. Titus, Mr. Niccolls explained in detail
the policy the town has for the use of_ town vehicles by its personnel.
He also explained the town' s policy on punishment for the violation of
such policies. Councifwas in agreement that such policies are needed.
On motion of Mr. Rock, seconded by Mr. Tolbert, the meeting was
adjourned at 8 :50 P.M.
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C er o / e Council