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HomeMy Public PortalAbout1979_04_11 X R MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 11, 1979 . 331 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on April 11, 1979 at 7 : 30 P.M. The meeting was called to order by the Mayor, with the invocation being given by Mr. Tolbert, and followed with the Salute to the Flag led by Mr. Murray . Present were: Mayor Kenneth B. Rollins, Councilmembers Glen P . Cole, Stanley D. Herrell, Jr. , G. Dewey Hill, Jr. , Marylou Hill, Walter F. Murray and John W. Tolbert, Jr. ; also, Town Manager John Niccolls, Assistant Manager Jeffrey H . Minor, Director of Finance Donald 0. Taylor and Town Attorney George M. Martin. The minutes of the regular meeting of March 28 , 1979 were approved as written. MANAGER' S REPORT: (1) The contractor on the Vinegar Hill Parking Lot started work today - it is expected to be completed in 60 days. (2) Mr. Taylor received the good faith deposit from the successful bidder on the $5, 150 , 000 bond issue and invested it today in a time certificate of deposit at 10 . 01 percent at the 'J; Virginia National Bank. They have been the successful bidder on all of our idle funds for quite some time. - � (3) The Highway Department began placing "No Through Truck Traffic" signs at the approaches to Leesburg this week. The Po- lice Department will be instructed to enforce these. ARCHITECTURAL AND PRESERVATION AWARDS : Mrs. Hill said the Architectural Awards Committee is prepared to make its announcement of the first architectural and preserva- tion awards. The building will receive the award and the historic name was chosen where possible. They are not limited to the His- toric District. A plaque cannot be awarded at this time because it is still in the design stage. The first category is a building restoration, rehabilitation, construction or reconstruction for private use, with the first a- ward going to 11 West Cornwall Street, known as the "Old Little- john House" and now owned by Rear Admiral James S. Dietz , Ret. The thoughtful restoration and preservation of this important late 18th and early 19th century brick dwelling has contributed to the conservation of and is a significant example of early cul- tural heritage of Leesburg. A second award in this category goes to 32 West Loudoun Street - Eastlake Cottage - now owned by Royce Givens. The careful restoration of the elaborate Italianate architectural detail of this outstanding late 19th century frame residence has made a valuable contribution to the preservation of the rich architectural variety of the Leesburg Historic Dis- trict. The second category is the same as the first, with the excep- tion that it is for a commercial or public use. This award goes to. 18 North King Street - the County Office building - the site of the old Leesburg Hotel . The building, without imitating an earlier style, significantly complements the scale, materials, shapes and moods of the Leesburg Historic District at the same time it represents an important contemporary contribution to the ongoing architectural development of the Town. Mr. Tolbert made the following announcements . The third category is a building or landscape which represents significant or noteworthy preservation goals achieved through outstanding and continued maintenance. Receiving this award is 7 West Market Street - the Investors Loan building - formerly the Old Loudoun National Bank building - recently purchased by David Green. The thoughtful continued maintenance of the exterior of this fine post civil war commercial building has made and continues to make a significant contribution to the quality of the street- scape in the Leesburg Historic District through careful attention to: XxR R MINUTES OF APRIL 11, 1979 MEETING. 332 (1) sympathetic color; (2) masonry preservation on street facade; (3) careful preservation of architectural details such as original front doors, bracketed cornice and roof cresting. The fourth category is ;a general preservation or conservation project by a community group or organization, including but not limited to architecture, landscaping and archeology. This award is made to 14 West Loudoun Street - The Log Cabin - the former Stephen Donaldson Silversmith Shop (1759) . The restoration and ' reconstruction of this highly unusual example of Leesburg ' s ear- liest cultural heritage has made an important contribution to the educational, historical and aesthetic resources of Leesburg for the benefit and enjoyment of citizens and visitors alike. COUNCILMEMBER INQUIRIES AND COMMENTS: Mr. Herrell called attention to broken up curbing on South King Street. It has been thrown up on the sidewalk and is danger- ous . Mr. Niccolls said this was inspected today and work will be scheduled immediately. O C) Mr. Tolbert called attention to a lot of material on Town property on North Street where Mr. Whitmore is remodeling - it looks bad. Mr. Niccolls said he contacted Mr. Whitmore about C: this and gave him a temporary permit, which expires June 1 , to let this material spill over onto the park site, with the promise that he will properly restore it and do some minor grading that will help us too. He started using this property without permis- sion and failed to respond to written communications about it, so he had to chase him down. It is difficult to deal with a property owner when he refuses to cooperate with us. The work should pro- ceed though, because he is creating some nice dwelling units. 79-0-6 - ORDINANCE - AMENDING SUBSECTION 12 . 1-53 (c) AND ADDING A NEW SUBSECTION TO SECTION 12 . 1-54 OF THE TOWN CODE REGARDING GRIEVANCE PROCEDURES . On motion of Mr. Herrell , seconded by Mr. Tolbert, the fol- lowing ordinance was proposed: BE IT ORDAINED by the Council of the Town of Leesburg, Virginia, as follows: SECTION I. Subsection 12 . 1-53 (c) of the Town Code is hereby amended to read as follows : (c) Questions of grievability shall be resolved by the Town Manager. The grievant may appeal the decision of grievability made by the Town Manager to the Circuit Court for Loudoun County. SECTION II . A new subsection is hereby added to Section 12 . 1-54 of the Town Code to read as follows: (f) he respondent ' s failure to comply with all substan- tial requirements of this article without just cause will, at the option of the grievant, advance the grievance to the next step in the grievance process. Failure of the re- spondent, without just cause, to comply with all substan- tial procedure requirements of Step 3 of the grievance process shall result in a decision in favor of the grievant. SECTION III . This ordinance shall be in effect upon its passage. It was explained that section (c) is a revision - it would be obvious that you could appeal anything to the Court. Section (f) is new - if the town fails to comply with its own procedures without just cause, the decision automatically falls in favor of the employee making the grievance. The ordinance was unani- mously adopted: Aye : Councilmembers Cole, Herrell, D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. MINUTES OF APRIL 11, • 1979 MEETING. q 3 3 79-56 - RESOLUTION - DECLARING AN EMERGENCY AND AUTHORIZING ADDI- TIONAL STREET RESURFACING. On motion of Mr. Hill, seconded by Mr. Murray, the following resolution was proposed: RESOLVED by the Council for the Town of Leesburg, Virginia, as follows: SECTION I. An emergency is declared and the manager is authorized and directed to extend the town ' s September 13 , 1978 Purchase Order with Tri-County Asphalt Company by an additional amount not to exceed $124 , 530. 00 for completion of the 1979 street resurfacing program as follows : Priority Street 1 South King Street - Royal Street to Fair- fax Street 2 Loudoun Street - Dry Mill Rd. to Harrison Street 3 Davis Avenue - South King to Lee Avenue 11: Cr 4 Lee Avenue - Davis Avenue to Dry Mill Road ..,0 5 Anne Street - Dry Mill Road to dead end cz. 6 Dry Mill Road - Lee Avenue to by-pass 7 Wage Drive - all 8 Ayr Street - Market Street to Loudoun Street 9 West Market Street - Memorial Drive to Ayr Street 10 Woodberry Road - Edwards Ferry Rd. to North Street 11 Daniels Street - Ayr Street to dead end 12 Fort Evans Road - all 13 East South Street - Harrison Street to Ca- toctin Circle 14 South Harrison Street - East Loudoun St. to East Royal St. SECTION II . An appropriation is made from the General Fund to Account No. 10110 . 820 , Secondary Street Resurfacing, in the amount of $124 , 530 . 00 for the year ending June 30, 1979 . Mr. Herrell asked if Item No. 14 is in front of the new Town lot and if it is intended to just pave over the gravel, dirt or what-' ever is there? Mr. Niccolls said there is a hard-surface road from Loudoun to East Royal. Mr. Herrell also asked if this will take care of all the funds appropriated? Mr. Niccolls said when they first started talking about the projects, the original cost was around $115, 500 . During the course of Council ' s review, there were some changes made which increased this amount to the. $124 , 530 figure. You would normally think this would throw next year ' s budget out of balance, but there is a $10 , 000 amount for which we already have an agreed contract of $3 , 800 for bridge repairs. He is confident there will be other cuts Council can make if they choose to. He also felt the estimates made by Mr. Chaves are high by 3 to 4 percentage points, so there will be some savings antici- pated there. These streets all have existing pavement. Mr. Tolbert asked if anything is planned for East First Street extended? Mr. *MA MINUTES OF APRIL 11, 1979 MEETING. 334 Mr. Hill said the committee discussed this and Mr. Niccolls was going to investigate a tar and gravel surface. Mr. Tolbert also asked about the alley between East Loudoun and Royal Streets? Mr. Cole said they discussed gravelling this. Mr. Niccolls said it will be possible to do a "surface treatment" with asphalt and crushed stone. Mayor Rollins asked if there are funds available to do this? Mr. Niccolls felt this can be done from materials and supplies accounts and do it with Town forces. Mr. Herrell asked about Wage Drive - it seems to be on the list every year? Mr. Niccolls said it has never been paved since he has been here. It has been on proposed lists but never done . Mayor Rollins asked about South King Street from south of Royal Street to Fairfax Street, particularly because of the build-up there? Also, whether or not Loudoun Street should be done from Dry Mill Road all the way to Harrison Street, or more particularly from Liberty to King? Mr. Niccolls felt it should be done all the way through and watch the thicknesses very carefully as they are paving. If only part of it is done, it will be a matter of a very short time before the pavement deteriorates and we would be right back in there with a short segment in the next year or two. Mayor Rollins also asked about the situation on Market Street from Memorial Drive toward Morven Park Road? Mr. Niccolls said there are 1300 feet of high- CD way from Ayr Street to the west "Y" and it would cost about Cr) $6 , 000 to overlay the whole thing. It has shoulder and edge fail- frp ures and it is felt these can be patched out this year. The com- C mittee felt it should be deferred pending a final decision on the highway project out there. Mayor Rollins also asked about Ed- wards Ferry Road - about half of it from Edwards Ferry Road has been done and it is getting pretty high - water runs off onto the lots, but the north half needs to be done. Mr. Niccolls said he would check this and report at the committee meeting . Mayor Rollins also asked about Market Street, from the Barrister Build- ing up to the east triangle? Mr. Niccolls said he has looked at this and he feels it can be put off - we are spending enough money this year. The pavement is in pretty good condition, with the ex- ception of a few places near the driveway of the shopping center . There is very little problem up by the Chamber of Commerce offices. Mr. S . B. Tillett, Jr . asked if Council has considered Old Waterford Road from the Cemetery through the end of town? Mayor Rollins replied that this will be done - it is a holdover from last year ' s budget. It is first on the list this year and will be widened inasmuch as possible. The resolution was unanimously adopted: Aye : Councilmembers Cole, Herrell , D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. 79-57 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE BOND AND EXTENSION OF THE MU- NICIPAL SEWER WORKS FOR HERITAGE SQUARE, SECTION II . On motion of Mr. Murray. seconded by Mr. Tolbert, the fol- lowing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The town manager is authorized and directed to execute the standard agreement, and approval of the per- formance bond No. N4423527 by Hartford Accident Indemnity Company in the amount of $26 , 736 . 30 is granted subject to review by the town attorney. These instruments are to guarantee installation of public improvements for Sec- tion II of Heritage Square. SECTION II. The extension of municipal sewer works for Heritage Square, Section II, is approved. 319 . MINUTES OF APRIL 11 , 1979 MEETING. Mr. Niccolls said this is contingent upon review and approval of the Town Attorney. The resolution was unanimously adopted : Aye : Councilmembers Cole, Herrell , D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins Nay: None. 79-58 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING PER- FORMANCE BOND AND AUTHORIZING ACCEPTANCE OF MAINTENANCE BOND FOR SECTION I OF HERITAGE SQUARE. On motion of Mrs. Hill, seconded by Mr. Cole, the following resolution was proposed: WHEREAS , the subdivider/developer for Heritage Square, Section I, has completed public improvements in accord- ance with town standards and specifications, except for completion of approximately 60 feet of Heritage Way; and WHEREAS, completion of Heritage Way has been included under the performance bond for Section II of Heritage Square; and WHEREAS , a $1,000 cash bond has been received to guarantee kit ®, completion of as-built plans; and N WHEREAS , the normal maintenance bond amount has been re- duced because many of the facilities have been installed and in use for two or three years : THEREFORE, RESOLVED, by the Council of the Town of Lees- burg, as follows : SECTION I . The public improvements excluding 60 feet of Heritage Way in Heritage Square Section I are accepted for public use by the town. SECTION II. The performance bond of Hartford Accident and Indemnity Company for improvements in Heritage Square Section I in the amount of $262 , 534 . 80 is released and a maintenance bond in the amount of $5 , 000 is approved sub- ject to review by the Town Attorney. Mr. Shor explained that the 60 feet of Heritage Way was to have gone through to Fort Evans Road, however, it is not known whether this will ever happen now. The Town decided to do something else with it and a cul-de-sac will be made. Mayor Rollins asked what the $1, 000 is held for. Mr. Shor explained that his engineer has not finished the "as-builts" yet. Mr. Niccolls said the town does not accept facilities for maintenance until they are completed. The resolution was unanimously adopted: Aye : Councilmembers Cole, Herrell , D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins . Nay: None. 79-59 - RESOLUTION - APPROVING STANDARD SUBDIVIDER' S AND DEVELOPER' S BOND. On motion of Mrs. Hill, seconded by Mr. Tolbert, the fol- lowing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: Subdivider ' s and developer ' s bonds shall be submitted for approval in substantially the following form: X 444%114 XXL'' ? MINUTES OF APRIL 11, 1979 MEETING. 336 PC-3 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS : That we, (Subdivider/Developer) (called "Principal" herein) and (Surety Company) a corporation organized under the laws of (State) and authorized to conduct business in the Commonwealth of Virginia (called "Surety" herein) , are held and firmly bound unto the Town of Leesburg, a municipal corporation of Virginia (called "Town" herein) , in the sum of Dollars ($ for the payment of which we and each of us bind ourselves, our heirs, executors, administrators, successors and as- signs, jointly and severally, for the faithful performance of a certain written contract, dated 19 , entered into between the Principal and the Town for the construction of streets, curbs, gutters, sidewalks, drainage or sewerage systems or other improvements, as O the case may be, for the subdivision of development known Cr) as Said contract is incorporated herein by reference and made a part hereof as if fully set out herein. C NOW, THEREFORE, the condition of this obligation is such that if said Principal constructs or installs at its ex- pense the improvements set forth in said contract, all in accordance with the specifications and ordinances of the Town and contained in plans and specifications prepared by (Subdivider/Developer ' s Engineer) dated , 19 , and approved by the Town Director of Engineering, within one year from the date hereof, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been executed by duly authorized representatives of the Principal and Surety this day of , 19 PRINCIPAL BY (SEAL) Title ATTEST: (Secretary) SURETY BY (SEAL) (Attorney-in-Fact) ATTEST: (Resident Agent) Mr. Hill asked if this replaces the present form? Mrs . Hill re- plied that this is a new form. The resolution was unanimously adopted: Aye : Councilmembers Cole , Herrell , D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay: None. .37 MINUTES OF APRIL 11, 1979 MEETING. 79-60 - RESOLUTION - MAKING AN APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 1979 . On motion of Mrs. Hill, seconded by Mr. Hill , the following resolution was proposed and unanimously adopted : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: An appropriation is made from the General Fund- to Account No. 1011 . 209 , Codification, in the amount of $501 . 00 for the fiscal year ending June 30 , 1979 . Aye: Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None . 79-61 - RESOLUTION - GRANTING ENCROACHMENT TO LEON CHATELAIN, III AT 41 S . KING STREET . On motion of Mrs. Hill , seconded by Mr. Murray, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : d N The Manager is authorized and directed to issue a permit to Leon Chatelain, III for an encroachment into the right- of-way for a distance of approximately six feet to replace an existing porch at 41 S. King Street . Mr. Chatelain presented a picture of the property and explained that the porch is in bad condition and needs to be repaired. In the process of repairing and restoring the house, the porch will be reduced in both width and depth so that the encroachment will be less than it is now. There is probably little more than two feet of sidewalk now and will likely be 30 to 36 inches when it is fin- ished. He expects to reproduce it inasmuch as possible. To Mr. Herrell ' s question, he replied that it has been before the Board of Architectural Review. Mr. Niccolls asked if it would do great harm to reduce the encroachment to five feet? Mr. Chatelain saidt he is not familiar with the exact size of the brackets , but he wants to reduce the size of it by taking out one bracket only - if he has to take out two brackets, the proportion would not be cor- rect and it could be unusable if it is too small . He is asking for the 6-foot encroachment because he does not want to run into a problem if it works out to a little more than he thinks. This is the amount of the encroachment now. Mr. Hill wondered if he even had to ask for this encroachment since it is the same amount. Mrs. Hill said he has to apply if any change is made at all in the Old and Historic District. Mayor Rollins supposed he would have to do this in order to have good title to the property. Mr. Chate- lain said this is partially true, but he doesn ' t want to have to come back on this again. He added, though, that the survey has just been completed and the entire building encroaches at least' one foot, so he will be back next week on this matter. This building will be used for his offices on the second floor and for commercial space on the first floor . Mr. Hill recalled that it used to be pointed. out that such a matter would be controlled by the Highway Department so that there would be no problem in case they want to widen the street. Mr. Chatelain said this house was built in about 1765, so the origi- nal lots were laid out just before that time . Even so, they still built out over the sidewalk. Mr . Herrell inquired if there would be any parking space? Mr. Chatelain said this would be on the south side and in the rear and it will be fenced in. There being no ob- jection to considering this matter tonight, the resolution was unanimously adopted: Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. X MINUTES OF APRIL 11, 1979 MEETING. 338 79-62 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PER- FORMANCE BOND AND EXTENSION OF THE MUNICIPAL WATER WORKS FOR CARRVALE', SECTION 3 . There being no objection to considering this tonight, on motion of Mr. Murray, seconded by Mr. Cole, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The town manager is authorized and directed to execute the standard agreement and approval of performance bonds by Republic Insurance Company in the amounts of $162, 124 and $289 , 711 , totaling $451, 835, is granted sub- ject to review by the town attorney. This instrument is to guarantee installation of public improvements for Section 3 of Carrvale Subdivision. SECTION II. The extension of municipal water and sewerage works for Carrvale, Section 3 is approved. CD Mayor Rollins asked why there are two bonds? Mr. Carr said this is CC the policy of the bonding company - they will not issue any single 1--3 bond in excess of $300 , 000 . It is not for different kinds of work. ,.— The resolution was unanimously adopted: Aye : Councilmembers Cole , Herrell, D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. On motion of Mr. Murray, seconded by Mr. Tolbert, the meeting was adjourned at 8 : 20 P.M. / Mayor lrko � Jerk of th //Council