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HomeMy Public PortalAbout1978_03_22 • 4.8. MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 22, 1978. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on March 22, 1978. The meeting was called to order by the Mayor at 7 : 34 P.M. , with the invocation being given by Mr. Bange, and fol- lowed with the Salute to the Flag. Present were: Mayor Map Anne Newman, Councilmembers Charles E. Bange, Stanley D. Herrell,77J2mes A. Rock and John W. Tolbert, Jr. ; also Town Manager John Niccolls, As- sistant to the Manager Jeffrey H. Minor. and Town Attorney George M. Martin. Absent from the meeting were Councilmembers Glen P. Cole and C. Terry Titus. The minutes of the regular meeting of March 8, 1978 were ap- proved as written. • 78-50 - Resolution - Releasing performance bond and repealing water and sewer extension appproval. for Catoctin View Subdivision, Section 1. On motion of Mr. Herrell , seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, a request has been received from John A. Wallace to release the performance bond to guarantee installation of public improvements for Catoctin View Subdivision, Section 1 ; • • THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : • SECTION I. Performance Bond in the amount of $73, 000 by the Travelers Indemnity Company to guarantee installation of pub- lic improvements for Catoctin View Subdivision, Section 1, is released. SECTION II. Resolution No. 78-15 , adopted by the Council on January 25, 1978 and 'granting- approval of extension of munici- pal water and sewer works for Catoctin View Subdivision, Sec- tion 1, is repealed. Mr. Bange asked if Mr. Wallace understands that he will have to re quest approval of everything except preliminary plat approval when he is ready to go on his subdivision again. Mr. Niccolls explained that Mr. Wallace has requested a one-year extension of the prelimi- nary plat from the Planning Commission. Mr. Wal]a.e was present and said he is aware of the fact that he is returning to preliminary plat approval status by adoption of this resolution. The resolution was unanimously adopted: Aye: Councilmembers Bange, Herrell , Rock, Tolbert and Mayor Newman. Nay: None. 78-0-7 - Ordinance - Amending Chapter 16 of the Town Code, by adding a new article regarding Snow Emergency Procesures. On motion of Mr. Bange, seconded by Mr. Rock, the following ordi- nance- was proposed : WHEREAS, Section 46. 1-180. 2 of the Code of Virginia, grants towns authority to regulate the operation of vehicles on streets and highways in the event of snow, sleet, freezing rain, ice and other severe weather conditions. BE IT ORDAINED by the Council of the Town of Leesburg, Vir- ginia, as follows : - SECTION I. Chapter 16 of the Town Code is hereby amended by adding a new Article, which said Article reads as fol- lows - . ARTICLE III. PROCEDURES IN EFFECT DURING SNOW EMERGENCIES Sec. 16-34. Snow Emergency Defined - A snow emergency shall be declared by the town manager when snow begins to accumulate or ice begins to form on 49 MINUTES OF MARCH 22, 1978 MEETING. streets creating hazardous driving conditions, or when the National Weather Bureau has registered a minimum snowfall- of two inches for Loudoun County, based on statistics com- piled at the Dulles International Airport. Sec. 16-35. Snow Emergency Routes Designated; in General . (a) The following streets within the town are to be designated as snow emergency routes and posted according to state standards at intervals of not less than 1500 feet as specified in the Virginia Manual on Uniform Traffic Con- trol Devices for Streets and Highways : 1. • Market Street (Route 7) • 2. King Street (Route 15) 3. Loudoun Street 4. Catoctin Circle from Market to Dry Mill 5. Dry Mill Road 6. Edwards Ferry Road (b) When a snow emergency is declared, the public works department shall use the best possible equipment and methods to clear the streets and highways in the town be- ginning with the snow emergency routes in the order listed rt in this section. If snow becomes packed or frozen, sand treated with a salt-calcium chloride mixture shall be used. (c) Snow emergency procedures shal•1 remain in effect until all snow emergency routes have been cleared and desig- nated safe by the town manager, not to exceed 24 hours from the last snow, sleet, hail or freezing rainfall. Sec. 16-36. Other General Snow Emergency Requirements and • Provisions. • (a) It shall be unlawful for any person to park or abandon a vehicle on any snow emergency route designated by this article. (b) ' Lt shall be unlawful for any person to obstruct or impede traffic on any snow emergency route designated by this article, when such vehicle is not equipped with effective snow tires or chains. (c) Notwithstanding any other provision of this ar- ticle, upon information that a vehicle is parked, stalled, stuck or abandoned on any snow emergency route designated by this article, the Chief of Police shall authorize im- mediate removal of the vehicle. (d) The cost of removing and storing any vehicles towed or otherwise removed under Section 16-36(c) of this article shall be charged to the owner and shall be due and payable prior to the release of any such vehicle to the owner thereof. • Sec. 16-37 . Penalties . Any person convicted of violating any provisions of this article, shall be guilty of a misdemeanor and shall be fined not more than $25. 00 for each offense. SECTION II. This ordinance shall be effective upon the in- stallation of the snow emergency route signs described in Section 16-35 of the new article. Mayor Newman questioned whether the Police Department• has sufficient personnel to enforce this ordinance and where the cars that .might be towed would be stored. She felt that the Chief of Police had no in- put into this proposed ordinance. • Mr: Niccolls felt that the Police Department could handle this situation •without any problems ; we might have to make some arrangements for storage if there were manycars to be towed. However, he felt that the placement of the signs in Oc- tober would be 95 percent effective. Mr. Bange felt there would be ,5 0. MINUTES OF MARCH 22, 1978 MEETING. no problem when the people find we are doing this for their benefit. Mr. Tolbert was concerned about snow falling during the night. Mr. Niccolls said some of these streets are already posted with No Park- ing Midnight to 6 : 0O A.M. curfews. The ordinance was unanimously adopted: Aye: Councilmembers Bange, Herrell, Rock, Tolbert and Mayor Newman. Nay: None. 78-51 - Resolution - Authorizing a contract for construction of a water main. On motion of Mr. Herrell , seconded by Mr. Rock, the following resolution was proposed .and unanimously adopted: WHEREAS the need for installation of the water main across the Leesburg Country Club Golf Course is urgent and time constraints do not allow competitive bidding: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The Town Manager is authorized and directed .to enter into a time and materials contract with Perry Engi- neering Company of Leesburg, Virginia, for installation of 1 , 021 linear feet of 8-inch water line in an amount not to exceed $35, 577 . 34. SECTION II. An appropriation is hereby made to Account No. 50000. 801, Waterworks Capital Projects, in the amount of $35, 577. 34. Aye: Councilmembers Bange, Herrell, Rock, Tolbert and Mayor Newman. Nay: None. 78-52 - Resolution - Authorizing substitution of a performance bond for the cash bond which was approved for in- stallation of public improvements for Safeway Stores, Incorporated. On motion of Mr. Herrell., seconded by Mr. Tolbert, the following resolution was proposed and adopted by a vote of 4 to 1 : ' RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Town Manager is authorized and directed to substitute Bond No. 2210559 of Safeco Insurance Company in the amount of $3, 470. 00 for the cash bond in- the amount of $3, 470.00 for guarantee of installation of public improvements for Safeway Stores, Incorporated. Aye: Councilmembers Bange, Herrell, Tolbert and Mayor Newman. Nay: Councilmember Rock. 77-53 - Resolution - Revoking an offer and authorizing a new offer for an easement required for construction of storm drainage improvements and authorizing the Town Attorney to institute condemnation proceedings in the event the offer is refused. - On motion of Mr. Herrell, seconded by Mr. Rock, the following resolution was proposed and. adopted by a vote of 4 to 1 abstention: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. Resolution_ No. 77-82 adopted on May 11, 1977, offering to Joseph A. Francis, et ux, the sum of $3, 000 cash for a storm drainage easement is hereby rescinded. MINUTES OF MARCH 22, 1978 MEETING. = • . . SECTION II. Joseph A. Francis, et ux, are hereby offered the sum of $863. 50 cash for the storm drainage easement described on the plat hereafter referred to on condition that the title to the lands affected are free and clear of all defects , liens or conditions which could inhibit the use of the area for the purposes intended; the ease- ment will be conveyed according to the plat and descrip- tion prepared by -Bengtson-DeBell & Elkin, Inc. , Consult- ing Engineer , by a good and proper deed with the usual warranties of title; the closing of the transaction shall be within thirty days after written acceptance of this of- fer- and the Francis shall pay the grantor tax. SECTION III. In the event this offer is not accepted in writing within ten days from receipt, the Council hereby declares that an essential public necessity exists for the acquisition of the easement by condemnation and right of early ent-ry and does hereby authorize the town attorney to file the requisite petition for condemnation and early entry on behalf of the Town of Leesburg and the costs there- for are appropriated from the storm drainage construction fund. Aye: Councilmembers Herrell , Rock, Tolbert and Mayor Newman. Nay: None. NAbstention: Councilmember Bange. Proposed resolution concerning the purchase of public official liability "^ insurance. On motion of Mr. Rock, seconded by Mr. Bange, the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : - SECTION I. The quotation submitted by Unimark-McDonald, Inc. of Dallas, Texas, dated December' 28', 19.77, is ac- cepted and the manager is authorized and directed to exe- cute all forms necessary for the purchase of public offi- cial liability insurance at an annual premium of $2 , 550. • SECTION II. An appropriation of $2, 550 is made to Account No. 4100-222 -' Liability Insurance, for the fiscal year ending June 30, 1978. A roll' call vote was 3 to 2: Aye: Councilmembers Bange, Rock and Tolbert. Nay: Councilmember Herrell and Mayor Newman. Since this was an appropriation resolution requiring a majority vote of all Councilmembers, the resolution was defeated: On mot-ion of Mr. Rock, seconded by Mr. Bange, Council voted unanimously to reconsider the vote by which this was adopted: • Aye: Councilmembers Bange, Herrell , Rock, Tolbert and Mayor Newman. Nay: None. • On motion of Mr. Rock, seconded by- Mr. Bange, Council voted unani- mously .that --this resolution be placed on the Agenda of the next regular Council meeting: Ayer Councilmembers Bange, Herrell , Rock, Tolbert and Mayor Newman. Nay: None. Proposed resolution establishing the intentof the Town of Leesburg to defend its officials in the event of civil litigation against them arising out of the performance of their municipal duties and responsibilities. •- • On motion of Mr. Rock, seconded by Mr. Tolbert, Council voted unanimously that a resolution concerning the •above be tabled: MINUTES OF MARCH 22, 1978 MEETING. Aye: Councilmembers Bange, Herrell, Rock, Tolbert and Mayor Newman. Nay: None. , , 78-54 - Resolution - Endorsing Federal Juvenile Justice and Delinquency Prevention Programs. - • 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 Federal. Juvenile Justice and Delinquency Prevention Act funds are endorsed for the Salvation Army Children' s Emergency Shelter and Discovery programs, as described in a letter to the Town from the Northern Virginia Planning District Commission-dated February 3, 1978. Aye : Councilmembers Bange, Herrell , Rock, Tolbert and Mayor Newman. Nay: None. 78-55, - Resolution - Declarationof -Spring Clean-up Weeks. On motion of Mr. Rock, seconded by Mr. Bange, the following reso- lution was proposed and unanimously adopted: WHEREAS, the Town of Leesburg is blessed withunusual natural beauty; and WHEREAS, past efforts by many individuals and organizations have contributed to keeping this beauty' unspoiled: THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : _ SECTION I. The Council of the Town of Leesburg hereby de- clares April 1 to April 16, 1978 to be designated Spring Clean-up Weeks. SECTION II. All families, businesses, organizations, clubs and groups governmental as well as.,private are asked to cooperate with Keep Loudoun Beautiful in this worthy ef- fort to benefit the Town of Leesburg. Aye: Councilmembers Bange, Herrell , Rock, Tolbert and Mayor Newman. Nay: None. Mr. Niccolls reported that in 1971 Mr. Wright executed an appli- cation for water and sewer extension authority for Country Club Apart- ments. This was approved and he has in file an application in which he promises "to convey by appropriate instrument at the time of com- pletion the completed waterworks, land, all permanant easements and fee simple title to the municipality. " He asked Mr. Martin to in- terpret the value of this agreement in the face of the absence of • this dedication or conveyance. Mr. Martin said. this is an unusual situation and the Town has not called on Mr. Wright for performance for some number of years. He has been sent a copy of this agreement. He is required not only to convey the improvements, but the easements and the land as well if it is required. , He feels the Town has a pretty strong case to compel Mr. Wright to perform. Mr.. Rock in- quired as to whether this indicates that the Town is to be given title to the�mains\and the easement in which the mains lie? Mr. Martin said/this is correct. ' 78-56 - Resolution - Directing Manager to _prepare instruments for the acquisition of title to utility mains and easements. 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 : i• 1 01111 i MINUTES OF MARCH 22, 1978 MEETING. 53 3 The Town Manager shall work out with the Town Attorney an appropriate mechanism for acquiring the requisite instruments for the Town to have in its hand title to its utility mains and easements within which they lie. Aye: Councilmembers Bange, Herrell , Rock, Tolbert and Mayor Newman. Nay: None. • • • There was some further discussion concerning the procedures used by the town with .regard to subdividers and developers. Mr. Niccolls said i the next step with Mr. Wright would be to draft a response to re- quest these easements and then await his reply. • Mr. Bange called attention to "potholes" that need patching now on North Street between Wildman and Prince. Mayor Newman said she has received four pieces of correspondence from senior citizens concerning Madison House - they were apparently under the impression that the Council held a meeting the other night. Mr. Bange said all the Planning Cotmuission did was to receive their preliminary plat which had to be re-done - there were a couple of senior citizens at that meeting. -He suggested that this interest in Madison House might be a carry-over from before when the Council discussed it - it was turned down at that time because we had no water taps to give them. That, however, was before they dug a well on their property. Mr. Rock asked if Mr. Niccolls has heard anything more from Mrs. Clements concerning Blue Ridge Aircraft. Mr. Niccolls said they have been requested to execute the required license agreement and pay the FBO fees established by Council earlier. They have not yet done so and they are late now. Mrs. Clements has informed him that they will not agree to pay the fees - they say they are an un- reasonable increase in their rent and they are not authorized -by the' agreement they have with the town. He will be taking this to the Airport Commission at its next meeting and they will probably request Council to enforce the ordinance. Mr. Rock also inquired as to whether the tax issue has been resolved. Mr. Niccolls said it has, in Blue. Ridge' s favor. The Town may end up owing for one year on the land only. The leasehold belongs to Blue Ridge until 1981 - then it can revert to the Town. Mr. Rock also inquired concerning the refuse bid schedule. Mr. Niccolls said the present contractor did not pick up his third year option because he was apparently not making enough money. His costs have escalated more than he thought. He intends to bid again. There were comments concerning his good service. Mr. Rock also had comments concerning someone from outside the area who cruises through his neighborhood and picks up bundled trash before the regular trash man comes. Mr. Tolbert asked what is intended to be done with the log cabin? Mr. Rock thought it should be finished - then it would be usable. Mr. Niccolls said it needs some more safety work, but there is noth- ing inside of it. Mr. Herrell thought the water fountain should be made operational. Mr. Tolbert also asked about the cellar door on Wirt. Street. Mr. Niccolls said new metal covers are being fabri- cated for this, as well as new metal sidewalk grates to replace the metal ones in the streets downtown. Mr. Niccolls commented on two resolutions concerning acquisition of a test well site from the diZerega heirs. The choice is to either accept the $45, 000 counter offer or to take the land and then test it. Once we start the test drilling, it is our land, so it is a difficult choice. Mr. Rock objected to considering this matter tonight, so it will go back to workshop. There was further discussion concerning this matter, with Mr. Bange suggesting that the Babson land on the north side of Loudoun Street might be investigated. Mr. Niccolls will look into this. On motion of Mr. Rock, seconded by Mr. Bange, the meeting was adjourned at 8 : 21 P.M. A�!/ .A-CSC. le�ti�/ �R-11 r r a ZtMayor Clerk of the,,Council