HomeMy Public PortalAbout1978_01_25 18 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 25, 1978.
A regular, meeting .of the_ Leesburg Town Council was held in the
Council. Chambers, .10- West Loudoun' Street," Leesburg, Virginia, on
January 25', : 1978'. The, meeting ,was called' to'-order by the Mayor at
7 : 37 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 and John W. Tolbert, .Jr. ; also Town
Ni
Manager John ccolls, . Assistant to. J
the Manager effrey. H. Minor
and Town Attorney. George M; Martin. ' 'Absent from. the meeting was
Councilmember, C. Terry Titus. . .
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The minutes of- the- regular meeting of January 11, 1978 were
approved as written. •
Report on 197.7 . Old and Historic 'District Study. "
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Mr. Tom- Kamstra of Kamstra; Dickerson & As'socii'tes;. gave a
resume of the 1977 Old and Historic District Study and said it is
hoped that this- wi'll. be a tool for subdividers, developers and
others' making improvements in Leesburg. It is also hoped that
this might serve as a Code to be followed by these people. The
study is divided into four major sections,: (1) the Design Manual ;
(2) Streetsdape; Iinprovements; (3)' Review of Pedestrian and Ve-
hicular Circulation- and (4)- Review of the Parking Situation. Mr.
Kamstra elaborated on the contents of these four sections. Also
included in .the report are some 20 graphic drawings on ,(1) the
reference and history of Leeburg'; ' (2) the planning and traffic
in the core area itself and (3) recommendations for-the Old and
Historic District improvements. It is hoped that, ' after' review
of this study, Council will consider setting a .budget for some
of these improvements. Mr. Kamstra said he and other members of
his firm will be happy to work- With the Council- and the' staff on
this project atthat time. There was some further explanation by
Mr. Kamstra concerning thei.r 'recommendations on parking, with par
ticular attention to the possibilities for two or three tier park-
ing in the future, and the need at present for 150 to 200 spaces.
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78-0-3 - Ordinance - Amending Sections 15-9 and 19.-18 of the Town
Code. .
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• On motion of Mr. Tolbert, seconded by Mr. Herrell , the following
ordinance was proposed and unanimously adopted:
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ORDAINED by theCouncil of the Town of Leesburg, Virginia,
as follows :
SECTION I. Sections 15-9 and 19-18 of the Town Code are
amended to read as follows :
Sec. 15-9.. Council approval for extension of sewage works.
• (a) No' extension of the town sewage works shall be
made for the purpose of serving users located within or
without the town, except upon the approval of such exten-
sion by the Council. Application for such approval shall
• be made-t' the Council and filed with the town manager.
Such application shall• be accompanied by plans and speci-
fications which meet the standards of the .municipality.
(b) The approval of an extension 'of the town sewage
works shall be conditioned as follows :
(1) The sewage works shall be extended in ac-
cordance with plans and specifications ap-
'proved by the Council, and in accordance
with the officially adopted sewer and water
extension and connection charge policy.
(2) The applicant shall secure such easements
or fee simple title, free of defects, as
are necessary, prior to construction and,
upon completion, will convey, by appro-
priate instrument, the completed system,
easements and fee simple title to the town,
free of costs.
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MINUTES OF JANUARY 25, 1978 MEETING.
(3) Sewer service connections to lots served by
the extension shall be available only when
not restricted by the State Water Control
Board. -
(4) The extension shall be completed within two
years from the date of approval unless such
period is extended by Council.
Sec. 19-18. Approval of extensions.
(a) No extension of the town waterworks shall be
11 made for the purpose of serving users located within or
without the town, except upon the approval of such ex-
tension by the Council. Any person desiring such an
extension shall make application to the Council for the .
approval thereof. Such application for approval shall
be filed with the town manager and shall be accompanied
by plans and specifications which meet the standards of .
the municipality.- .
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(b) The approval of an extension of the town water-
works shall be conditioned as follows :
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(1) The waterworks shall be installed in ac-
cordance with ,plans and specifications ap-
proved by the Council , and in accordance
with the officially adopted sewer and water
extension and connection charge policy.
(2), The applicant has secured such easements or
fee simple title, free of defects, as are
necessary, prior to construction, and upon
completion, will convey, by appropriate in-
strument, the completed system, easements
and fee simple title to the town free of
costs.
(3) Water service connections 'to lots served by
the extension shall be available only when
not restricted by the State Health Depart-
ment. •
(4) The extension shall be completed within two
years from the date of approval unless such
period is extended by Council.
SECTION II. This ordinance shall be effective upon its
passage.
Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
Mayor Newman. •
Nay: None.
78-12 - Resolution .- Concerning .the proposed- Carrvale Well.
On motion of Mr. Bange, seconded by Mr. Cole, the following
resolution was proposed: .
WHEREAS, International Pavilion Company proposes to develop a
well within the Carrvale Subdivision and connect the well to
the town' s water system as additional public water supply:
THEREFORE, RESOLVED by the Council of the Town of Leesburg
in Virginia as follows :
. The town will accept the dedication -of a water ' supply facility
within the Carrvale Subdivision under the following terms and
conditions :
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(1) The facility shall have a minimum average capacity of
64, 800 gallons per day.
(2) The facility shall :meet all requirements of the Virginia
Waterworks Regulations and be fully• equipped with fluori-
dation,-turbidity, telemetry and other equipment for
proper integration with the town water system and meet-
ing town specifications.
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MINUTES OF JANUARY 25, 1978 MEETING.
(3) Any additional water connections authorized under state
waterworks regulations as a result of the water supply
facility developed by International Pavilion Company
will be reserved for connections within Carrvale Sub-
division.
(4) All---fees and charges required by Chapters 15 and 19
of the Town Code shall be paid for connections author-
ized as a resultof the additional supplies, except
that a credit of $390.00 shall be allowed against
each water availability charge for each additional
water connection authorized as a result of the addi-
tional
supplies.
Mr. Rock said he will vote against this because he is opposed to
taking low yield wells into the town system the basic maintenance
is about the same on a low yield well- as one with a higher volume.
Mr. Niccolls explained that the Health Department would rate this
well as capable of supplying 90 homes. He agreed with Mr. Rock as
to maintenance costs. A roll call vote of 5 to 1 adopted the reso-
lution:
Aye: Councilmembers Bange, Cole, Herrell, Tolbert and Mayor
Newman.
Nay: Councilmember Rock.
78-13 - Resolution - Continuing utility commitment to nursing home.
On motion of Mr. Herrell, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The utility service commitment made June 11, 1975 for a
120-bed nursing, home to be located on the east side of
Morven Park Road is continued so long as the Virginia
Department of Health Certificate of Need for the project
remains valid.
Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert
and, Mayor Newman.
Nay: None.
78-14 - Resolution - Authorizing a consent order in, Mother Goose, Inc.
vs. The Town of Leesburg.
On motion of Mr. Bange, seconded by, Mr. Herrell, the following
resolution was proposed:
WHEREAS, Mother Goose, Inc. brought an action against the
town for declaratory judgment and injunctive relief to
compel the town, to grant a 50, 000 gallons per day sewer
service use to Mother Goose, Inc. ; and
WHEREAS, the action was brought on several grounds includ-
ing action taken by Mother Goose, Inc. in reliance of the
belief the town had granted permission for sewer service to
property owned by Mother Goose, Inc. ; and
WHEREAS, as a result of settlement discussions between counsel
for Mother Goose, Inc. and the town and extensive stipula-
tions to certain facts, the parties have reached under-
standings regarding the premises of the controversy:
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
The Town Attorney is hereby authorized and directed to exe-
cute a consent order in the case of Mother Goose, Inc. vs.
The Town of Leesburg, in the Circuit Court of Loudoun County,
In Chancery #6076, under the following terms : '
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MINUTES OF JANUARY 25, 1978 MEETING.
(a) Mother Goose, Inc. shall be granted a sewer connection
permit "for its 95 acre parcel of land situated in
southeastern Loudoun County and lying outside the town.
(b) The connection shall be used only for one 80-seat res-
taurant, one 100-seat grill room, locker rooms for
golfing and one 120-unit motel, all to be located
on property of Mother Goose, Inc.
(c) Mother Goose, Inc. shall bear full responsibility
for constructing maintaining and operating its sewer
line to the point of connection to the town' s sewer
system.
(d) Mother Goose, Inc. shall pay all fees and obtain all
other necessary permits and licenses necessary for
the connection.
(e) The town' s obligations under the consent order shall
expire if:
(1) Mother Goose, Inc: has not secured the required
permits from the town and completed construction
of the 80-seat restaurant, 100-seat grill room
' and locker rooms for golfing within 24 months
from the entry of this order;
(2) Mother Goose, Inc. has not secured the required
permits from the town and completed 50 percent
of the 120-room motel within 42 months from the
date of entry of this order;
(3) Mother Goose, Inc. has not secured the required
permits from the town and completed construction
of the 120-room motel within 66 months from the
date of entry of this order.
On motion of Mr. Rock, seconded by Mr. Herrell, Council voted unani-
mously to amend the resolution by ,striking Item (a) , with Item (b)
to become Item (a) and to read as follows :
(a) Mother Goose, Inc. shall be granted a sewer connection
for use only for one 80-seat restaurant,' one 100-seat
grill room, locker rooms for golfing and one 120-unit
motel, all to be located on property of Mother Goose,
Inc.
and the remainder of the items to be renumbered:
Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and
Mayor Newman.
Nay: None.
On motion of Mayor Newman, seconded by Mr. Rock, Council voted unani-
mously to amend Item (d)(2) to read as follows:
(2) Mother Goose, Inc. ha's not secured the required per-
mits from the town and completed the 120-room motel
within 36 months from the date of entry of this order.
and to delete Item (d)(3) :
Aye: Councilmembers Bange', Cole, Herrell, Rock, Tolbert and
Mayor Newman.
Nay: None.
It is noted that Mr." Magoffin, attorney representing Mother Goose,
Inc. , requested that Council consider a little flexibility on the
time allowed for completion of the motel. However, Mr. Walters, a
partner in Mother Goose, Inc. , was present and indicated there would
be no problem with this.
On motion of Mr. Rock, seconded by Mr. Bange, Council voted
unanimously to amend the resolution by adding Item (e) to read as
follows:
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MINUTES OF JANUARY 25, 1978 MEETING.
(e) This agreementshall be non-assignable by Mother Goose,
Inca without approval of the Council .
Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
Mayor Newman.
Nay: 'None.
Mr. Martin was not sure the Judge would enter such an order since this
is a compromise agreement - he suggested dismissing the case and adopt-
ing an agreement. It was felt that this could be adopted though, with
a formal agreement to be presented later. The perfected resolution
was adopted by a vote of 5 to 1 and reads as follows :
WHEREAS, Mother Goose, Inc. brought an action against the
town for declaratory judgment and injunctive relief to com-
pel the town to grant a 50, 000 -gallons per day sewer service
use to Mother Goose, Inc. ; and
WHEREAS, the action was brought on several grounds including
action taken by Mother Goose, Inc. in reliance of the belief
the town had granted permission for sewer service to property
owned by Mother Goose, Inc. ; and
WHEREAS, as a result of settlement discussions between counsel
for Mother Goose, 'Inc. and the town and extensive stipulations
to certain facts, the 'parties have reached understandings re-
garding the premises of the controversy:
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
The Town Attorney is .hereby authorized and directed to exe-
cute a consent order in the case of. Mother Goose, Inc. vs. the
Town of Leesburg, in the Circuit Court of Loudoun County, In
Chancery #6076, under the following terms :
(a) Mother Goose, Inc. shall be granted a 'sewer connection
for use only for one 80-seat restaurant, one 100-seat
grill room, locker rooms for golfing and one 120-unit
motel , all to be located on property of Mother Goose,
Inc.
(b) Mother Goose, Inc. shall bear full responsibility
for constructing, maintaining and operating its
sewer line to the point of connection to the town' s
sewer system. .
(c) Mother Goose, Inc. shall pay all fees and obtain all
other necessary permits and licenses necessary for
the connection.
(d) The town' s obligations under the consent order shall
expire if:
(1) Mother Goose,. Inc. has not secured the required
permits from the town and Completed construction
of the 80-seat restaurant, 100-seat grill room
and locker rooms for golfing within 24 months
from the entry of this order;
(2) Mother Goose, Inc. has not secured the required
permits from the town and completed the 120-room
motel within 36 months from the date of entry of
this order.
(e) This agreement shall be' non-assignable by Mother Goose,
Inc. without approval of the Council .
Aye: Councilmembers Bange, Cole, Herrell, Tolbert and Mayor
Newman.
Nay: Councilmember Rock.
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MINUTES OF JANUARY 25, 1978 MEETING.
78-15 - Resolution - Approving water and sewer extensions for
Catoctin View Subdivision, Section 1.
On motion of Mr'. Tolbert, seconded by Mr. Rock, the following
resolution was proposed:
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RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
Extension of the municipal water and sewer works for Catoctin
View Subdivision, Section 1 , is approved..
11 It was explained that the water and sewer are not available at this
time, however, the passage oft the amendments to Sections 15-9 and
19-18 provide that' these utilities shall be available only with
approval of the Health Department or the State Corporation Commis-
sion with respect to their particular jurisdiction. The resolution
was unanimously adopted:
Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and
Mayor Newman.
Nay: None.
78-16 .- Resolution - Authorizing well options, awarding of contracts
and an appropriation. •
On motion of Mr. Bange, seconded by Mr. Herrell, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. The Town Manager is authorized and directed to
secure purchase options in the amount of •$100• each for the
following: __
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Owner (Tax Map No.) Zoning Land•
AccessEasementTotal
3) DiZerega _(48-46) R-3 30, 000 $30, 000
6) Consolidated •
Dairy (481-2-B) R-1 8,000 - 8, 000
SECTION II. The Town Manager is authorized and directed to
enter into negotiated contracts for construction and develop-
ment of test' wells in a total" amount not to exceed $10, 000.
SECTION III. An appropriation' of $10,200 is made to Account
No. 10300. 816 - New Wells .
Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
Mayor Newman.
Nay: None.
78-17 '- Resolution - Authorizing the sale of surplus police vehicles
by public auction.
On 'notion of Mr. -Rock, seconded by Mr. , 'the following reso-
lution was proposed and unanimously adopted:
RESOLVED. by the Council of the Town of Leesburg, Virginia,
as follows.:
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SECTION I. The Manager is authorized and directed to dispose
of two surplus police vehicles by public auction to be held
on February 10, 1978.
SECTION' II. 'Public notice advertising the sale of the surplus
vehicles shall be published in the Loudoun Times-Mirror on
February 1 , 1978. _ • • .
Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
Mayor Newman.
Nay: None.
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MINUTES OF JANUARY 25, 1978 MEETING.
78-18 - Resolution - . Authorizing Manager to execute Grant Agreement
with the Division of Aeronautics, State Cor-
poration Commission, for development of Lees-
burg Municipal Airport.
On motion of Mr. Rock, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The Manager is authorized to execute the Grant Agreement
with the Division of Aeronautics, State Corporation Commis-
sion, for development of Leesburg Municipal Airport, Project
#0027-01, in an amount not to exceed $31 , 955. 00.
Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and
Mayor Newman.
Nay: None.
78-19 - Resolution Approving continued funding of Police Investigator
Grant and endorsing Local Criminal Justice Ob-
jectives for 1979.
On motion of Mr. Cole, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of' Leesburg, Virginiatc.
as follows :
SECTION I. The Manager is authorized and directed to submit
the necessary applications for continued division of Justice
and Crime Prevention Funding of the existing Police Investi-
gator program through calendar year 1979.
SECTION II. The Criminal Justice goals and objectives at-
tached with a memorandum to the Council dated January 13,
1978, . are endorsed.
Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
Mayor Newman.
Nay: None.
78-20 - Resolution. - Endorsing continued. Division of Justice and
Crime Prevention funding for the Northern Vir-
ginia Criminal Justice Academy.
On motion of Mr. Rock, seconded by Mr. Herrell , the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
Continued Division of Justice and Crime Prevention funding
for the Northern Virginia Criminal Justice Academy through
calendar year 1979 is endorsed.
Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
Mayor Newman. -
Nay: None.
78-21 - Resolution - AcceptingDeed of Dedication by Commonwealth
Bank andTrustCompany of Virginia.
On motion of Mr. Rock, . seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The Deed of Dedication made the 14th day of November 1977
by and between Commonwealth. Bank and Trust Company of Vir-
ginia and the Town of Leesburg is hereby accepted and the
Mayor is authorized to acknowledge the same on behalf of
the Town.
MINUTES OF JANUARY 25, 19784qEETING. -
Aye: -Councilmembers Bange,. •Cdie, . Herrell, Rock, Tolbert and
Mayor Newman.
Nay: None.
78-22 - Resolution - Recommending appointment to Board of Zoning Appeals.
On motion of Mr. Bange, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
WHEREAS the term of Lawrence W. Muse as a member of the
Town of Leesburg Board of Zoning Appeals did expire on
December 31•, 1977 :
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
Council recommends the appointment of Walter F. Murray to
the Board of Zoning Appeals for a term of five years, be-
ginning January 1 , 1978 and expiring December 31, 1982,
and the Mayor is directed to send Council ' s recommendation
to the Judge of the Circuit Court.
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Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
• Mayor Newman. " •
Nay: None.
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Mayor Newman read a letter from Mr. Tullius, President of Group
44, Inc. , withdrawing the proposal for FBO lease at the Airport.
Mr. Niccolls said there have been many calls about the snow and
ice control, both complaints and' compliments. He did not• feel that
the town is quite well enough equipped for as heavy a snowfall as
this one, so Council will probably be asked for another snow plow
for next year, thus giving them four pieces of equipment. Keeping
the primary roads clear requires a lot of time and effort and some
of the men were working double shifts. There has been a serious
problem regarding pedestrian areas and a lot of time has been spent
today opening drains. Mr. Bange suggested that it might be worth-
while to have another salt dispensercif we are. going to have another
plow. Both Mr. Bange and Mayor Newman commented that the removal of
snow and ice at night in the downtown, area was a good idea. Mr.
Bange suggested that legislation be drawn to make the main thorough-
fares snow emergency routes during snowstorms and that No Parking
be allowed on these streets to facilitate the cleaning of the streets.
Mr. Cole suggested that this be for 24 hours after a snowfall. Mr.
Niccolls said Mr. Minor is preparing such legislation for Council ' s
review.
Mr. Niccolls also called attention to the message concerning the
FBO proposals for the Airport - the Commission is working every Monday
night trying to get a recommendation for Council in March. Mr. Wallace
has asked for an opportunity between now and that time to address the
Council - this is a legitimate executive session item. The Commission
does not want to make a recommendation until it is sure Council has
all the information they need.
Mayor Newman asked Council ' s feeling concerning a request from
State Senator Joe Canada with regard to legislation proposed by him
to the General Assembly on decreased litter. It seemed tote the
consensus of Council members that a formal opinion be requested
from the Attorney General as to whether the County' s container ordi-
nance applies to the Tgwv gf Leesburg. Mr. Rock advised that there
is Federal legislatiBFf2Snnthis also. Mr. Niccolls felt this matter
should be resolved.
Mayor Newman also asked that all members be present for the
special workshop session on Monday night, January 30, on the Sewer
and Water Rate Study.
MINUTES OF JANUARY 25, 1978 MEETING.
78-23, - Resolution - Amending Resolution No. 78-11 establishing
compensation for the Manager and making an
appropriation for the fiscal year ending
June 30, 1978.
Mayor Newman explained that an error was made in the amounts
used in Resolution No. 78-11 •adopted .at the Council. meeting of
January 11, 1978. On motion of Mayor Newman, seconded..by .Mr. Her-
rell , 'the following resolution was proposed and adopted by a vote
of 5 to 1 abstention:
WHEREAS, the amounts used in Resolution No. 78-11 adopted
on January 11, 1978 are in error and should be corrected:
THEREFORE, RESOLVED by the Council of the Town of. Leesburg,
Virginia, as follows :
ResolutionNo.. . 78-11 .is• amended. by .striking the-amounts
used and inserting the .proper amounts to- read as -follows :
The compensation for the. Manager shall be at the rate of
$27 , 552. 50 per year for and after January 1, 1978, and an
appropriation is made inthe, amount of $401. 25 to Account
No. 2010, 103 for the fiscal year ending June 30, 1978.
Aye: Councilmembers Bange, Cole, Herrell , Tolbert and Mayor
Newmn,
Nay: None.
Abstention: Councilmember Rock.
On motion of Mr. Rock, seconded by .Mr. . Herrell , the meeting was
adjourned at 8 : 55 P.M.
3� Mayor
Clerk of t' e Council