HomeMy Public PortalAbout1979_09_26 68 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 26 , 1979 .
O A regular meeting of the Leesburg Town Council was held in
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia
on September 26 , 1979 at 7 : 30 P .M. The meeting was called to order
by Mayor Pro-Tem Hill, with Mr. Tolbert giving the invocation, and
followed with the Salute to the Flag led by Mr. Cole. Present were:
Mayor Pro-Tem G. Dewey Hill, Jr. , Councilmembers Glen P . Cole,
Marylou Hill, Walter F. Murray and John W. Tolbert, Jr. ; also Town
Manager John Niccolls, Assistant Manager Jeffrey H . Minor, Director
of Engineering Andrew G. Shope, Director of Finance Donald O. Taylor
and Town Attorney George M. Martin. Absent from the meeting were
Mayor Kenneth B. Rollins and Councilmember Stanley D. Herrell, Jr.
The minutes of the meeting of September 12, 1979 were approved
as written.
PUBLIC HEARING ON COMMUNITY DEVELOPMENT SINGLE PURPOSE GRANT
PREAPPLICATION :
The notice ofpublic hearing was read by the Clerk . Mayor
Pro-Tem Hill explained that the town now has a project in progress
under this program from last year ' s allocation of funds. It is
hoped that Leesburg can continue to receive its fair share of these
funds to conduct other projects needed in town.
Mr. James J. Fletcher, a resident of 247 South Wirt Street,
said there is a bad storm drainage problem in back of his house,
particularly in h avy rains . When he built his house in 1975, he
had it elevate8P60°feet , knowing that water used to go under and up
into the old house on this site . He still carries storm insurance
on the present house. He said he was told sometime ago that the
two drainage pipes would be straightened out - there should be two
pipes in this location, but this has not been done. He signed a
petition two and a half years ago asking for sidewalk in this area.
This has not been done either, tho he was told this would be done
under a subcontract in connection with the Route 15 project. The
people in this area would be happy to have a sidewalk on just one
side of the street. He asked that town officials come out to this
location during a heavy rainstorm and see just what happens.
Mr. Hill declared the hearing closed and assured Mr. Fletcher
that this project will be given consideration under this program.
Mr. Tolbert said there are some 20 to 25 families in this area
that are very much interested in this also, but they could not be
present tonight.
MANAGER' S REPORT :
Mr. Niccolls called attention to the Activity Report distri-
buted tonight, highlighting the following items :
(1) Concerning the Potomac River Water project, we are pre-
paring to execute the contract documents on October 2 with Mechani-
cal Constructors , Inc. for work on the plant itself. It is planned
to issue the Notice to Proceed the same day. There are some 36 change
orders to be set out fully in writing and this work will be finished
Saturday. There is a resolution on the Agenda tonight approving
these - they have all teen leviewedinformally and agreed to by the
engineer and the contractor . We will not actually have the instru-
ments until Monday . There was a stipulation put into the contract
authorization that Council wanted the engineers to be satisfied
that the change order documents are in order before the contract
is actually signed. This carries forth Council ' s intent.
I/
(2) the $1, 500 , 000 bond issue proposed as additional financing
for the above-mentioned project is moving along. The award is ten-
tatively scheduled for the October 10 meeting. The plan is to ne-
gotiate these bonds to bring in an interest rate at market and
avoid disturbing the secondary market on Leesburg' s earlier bond
issue and secure the best rate for the new issue . Mr. Wales will
be available on Monday, October 8th if councilmembers would like
to discuss the bond issue with him. Financial information is being
prepared and a draft prospectus will be distributed to members.
This is the same process as before except that we are negotiating
with investment bankers rather than having public bidding.
MINUTES OF SEPTEMBER 26 , 1979 MEETING.
(3) The work on the log cabin, as well as on this building, 69
is moving along smoothly.
(4) The start of the Normandy Village storm drainage work has
been delayed about a week due to bad weather where the contractor
has been working. He is expected here on Monday.
COUNCILMEMBER INQUIRIES AND COMMENTS :
Mrs. Hill asked if any work is projected for the sidewalk be-
tween this building and King Street? She said there is a hole in
front of "The Wild Carrot. " Mr. Niccolls said none is proposed but
he will have it inspected.
MAYOR PRO-TEM COMMENTS AND PROPOSAL:
Mayor Pro-Tem Hill said he was somewhat upset last week that
there was a tie vote by the Board of Supervisors concerning the lo-
cation of a County park. It appeared that there should have been
enough votes to carry it since one Board member did not vote because
of a conflict and the Chairman was absent. He felt there is no bet-
ter location for such a park than in Central Loudoun, or within a
CO five-mile radius of Leesburg. He commended the Chairman of the
CO Board for publicly staing that he will support a resolution to lo-
CO cate this park in this area and proposed a resolution supporting
this .
Q 79-129 - RESOLUTION - ENDORSING THE DEVELOPMENT OF A COUNTY PARK IN
Q CENTRAL LOUDOUN COUNTY .
On motion of Mr. Hill, seconded by Mr. Cole , the following
resolution was proposed and unanimously adopted:
WHEREAS the voters of the County of Loudoun have passed
a bond issue for the development of a County park, and
WHEREAS, it has been recommended that this park should be
located in Central Loudoun, ,and more specifically within a
five-mile radius of the Town of Leesburg,
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I. The Council is in favor of locating this County
park in Central Loudoun, and within a five-mile radius of
Leesburg.
SECTION II . A copy of this resolution shall be sent to each
Supervisor at his/her home address, .as well as to the Board ' s
Leesburg address .
Aye : Councilmembers Cole , M. Hill, Murray , Tolbert and
Mayor Pro-Tem Hill .
Nay : None.
PETITIONERS :
Mr. William J. McDonald, understood that Council will vote
later in this meeting on a resolution authorizing the Highway De-
partment to proceed with certain changes in the West Market Street
plans . Although they, the opponents, recognize that the Town has
made a major effort to accommodate some of their objections, it is
felt that Council should go into the vote knowing that the plan
as now proposed is still not acceptable to the residents of the
area, either collectively or individually. The project still
leaves a lot to be desired, but they are closer together than be-
fore. The idea of one-way streets still faces a lot of opposition,
and he thinks the cost of the project will be a stumbling block .
He asked that Council consider meeting with the interested resi-
dents before the plan is sent to Richmond and before any more money
is spent to revise the plans .
MINUTES OF SEPTEMBER 26 , 1979 MEETING.
70
Mr. J. B. Anderson, Chief of the Leesburg Fire Company, said
they are not against any site or road improvements at the west
triangle, but they are totally opposed to any one-waying of the
streets. This includes all fire departments and rescue squads in
the County. The suggestion of traffic signals controlled from the
vehicles is an expensive one , both for emergency personnel and the
town. The suggestion to block off streets with the police is a
good one, except that this does not control the driveways in be-
tween. They already face some serious problems with the existing
one-way streets, primarily due to the antiquated numbering system
in the town. This , together with the one-waying of streets pro-
posed would require them to go 8 blocks to go only 21 blocks away
from the station. There are other traffic situations that need
to be looked at in Leesburg and they should have their priority
first. He asked that these factors be considered in their dis-
cussion of this project.
Mr. Anderson said that, in researching the Town Code, he has
found some problems with the proposal to be considered tonight con-
cerning the penalties for parking in front of fire hydrants and
fire lanes. There is no reference to fire hydrants, however, Sec .
7-385 specifies that fire lanes are those areas including fire hy-
drants when properly marked, which means they have to be painted or
marked with signs. All fire hydrant areas should be specified either
by painting the curbs yellow or by marking them, or change the Code
to reflect any fire hydrant - this would cover the above section.
He asked that the areas surrounding fire and rescue buildings be
included in this ordinance as a violation. He was 100 percent in
favor of the highest possible amount for such violations - the
penalty should be as strong as possible. Such a deterrent would
help them a great deal - he suggested a minimum fine of $25 .00 .
Anything to help them will prolong the volunteer system. He asked
that Council consider these changes in the proposed ordinance.
Proposed ordinance amending the Town Code regarding penalties for
obstructing fire lanes and fire hydrants .
On motion of Mrs . Hill, seconded by Mr. Tolbert, an ordinance
was proposed amending Sec 7-387 and Sec. 10-162 of the Town Code
regarding penalties for obstructing fire lanes and fire hydrants.
Mr. Hill felt this should go back to Committee in light of the sug-
gested changes by Mrs . Hill and Mr. Anderson. On motion of Mrs. Hill,
seconded by Mr. Tolbert, Council voted unanimously to send this back
to the Finance and Administration Committee :
Aye : Councilmembers Cole , M. Hill , Murray, Tolbert and
Mayor Pro-Tem Hill .
Nay : None.
79-0-17 - ORDINANCE - AMENDING SECTION 18-1 AND REPEALING SECTIONS
18-2 , 18-3 , 18-4 , 18-5 and 18-9 OF THE TOWN
CODE.
On motion of Mrs. Hill , seconded by Mr. Cole, the following
ordinance was proposed :
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I . Section 18-1 of the Town Code is amended to
read as follows :
Sec. 13 -1 . Definitions .
For the purpose of this chapter the term mobile office
means an office on wheels designed and constructed to permit
occupancy as a temporary office used or intended for use
during the erection of a structure.
SECTION II . Sections 18-2 , 18-3 , 18-4 , 18-5 and 18-9 of the
Town Code are repealed.
MINUTES OF SEPTEMBER 26 , 1979 MEETING.
Mrs . Hill explained that this is a result of changes made by the 71
General Assembly. Mr. Hill asked what has been changed? Mr. Nic-
cols explained that we had a license tax on mobile home parks in
the Town Code. By action of the General Assembly two or three years
ago, these were prohibited after a certain time, which is now, so
we are taking the permanent step to delete these from the Code.
There were two or three minor sections in this chapter that per-
tained to temporary mobile offices - these were regulatory in na-
ture, not licensing - it was felt appropriate to leave these in
since they are still permitted by State law. Mrs . Hill pointed out
that there will be a loss in revenue of about $850 . 00 . The ordi-
was unanimously adopted:
Aye : Councilmembers Cole, M. Hill , Murray, Tolbert and
Mayor Pro-Tem G. Dewey Hill, Jr.
Nay: None.
79-129A - RESOLUTION - REQUESTING REVISION OF ROUTE 7 WEST PLANS .
On motion of Mr. Cole, seconded by Mr. Murray, the following
resolution was proposed:
CO WHEREAS, the Virginia Department of Highways and Transpor-
QD tation requested comments on proposed plans for improvements
N to West Market Street before scheduling its public hearing;
w and
Q WHEREAS, the proposed plans can be revised to reduce the im-
Q pact on adjacent property without reducing pedestrian and
automobile safety:
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I . The Virginia Department of Highways and Trans-
portation is requested to revise the proposed plans for im-
provements to West Market Street in the following ways :
(a) The distance from back of curb to outside of side-
walk shall not exceed 5 feet.
(b) The travel lanes shall be 11 feet wide.
(c) Header curb is acceptable for both sides of Loud-
oun and Market Streets and the overall distance between face
of curbs shall not exceed 22 feet.
(d) The additional eastbound approach lane for Loudoun
Street west of Morven Park Road shall be deleted.
(e) Retaining walls shall be added on the north side of
Market Street as reasonably necessary to preserve trees and
existing retaining walls.
(f) Cuts and fills of existing vertical curves shall
not exceed the amounts necessary to improve sight distances
to proper designed standards .
(g) Curb and gutter shall be added on the north side
of Market Street from Morven Park Road to the West project
limits.
(h) The curb and retaining wall radius at the north-
west corner of Market and Ayr Streets shall be reduced.
SECTION II . If the revisions described above are made
it is the Council ' s intention to proceed with the project
through the location and design hearing stage and to make
a final decision on the project after the hearing .
MINUTES OF SEPTEMBER 26 , 1979 MEETING.
72 On motion of Mrs. Hill, seconded by Mr. Cole, it was proposed to
amend Section II to read as follows :
SECTION II. If the revisions described above are made,
they shall be submitted to the Town Council for further
study prior to setting of location and design hearing.
Mr. Cole asked if it is not automatic to get Council ' s approval
before it goes to public hearing? Mr. Niccolls said he did not
know their regulations but, on previous projects, there has been
a period of time before the public hearing for Council to look at
the final plans and comment on them. He felt this was contem-
plated by the Highway Department. The amendment was unanimously
adopted:
Aye: Councilmembers Cole, M. Hill, Murray, Tolbert and
Mayor Pro-Tem Hill.
Nay : None .
Mr. Hill hoped this project will have the opportunity of going to
the design stage hearing. He felt the Highway Department is really
trying to cooperate on this project and still stay within their con-
fines. They should be commended through Mr. Niccolls and the Town
staff. Mr. Niccolls felt they are most unwilling to make addi-
tional substantial changes to the plans , but they are always will-
ing to make minor modifications. If good reason is shown after
the hearing that the plans should be modified, this is what they
will have to do. Mr. Murray said the comment has been made that
this is being jammed down the Town ' s throat - the record shows
that it was requested by the Town. If it is not built, it would
cost the Town a lot more money and he felt there are other lo-
calities that would like to use this money. He felt this is a
case of "Take it or leave it. " He felt the Fire Department could
get through with less problem than described by Mr. Anderson - cer-
tainly there is no-one more cognizant of safety than the Highway
Department. If the people living in this area are provided with
stone face retainer walls with landscaping behind them and with
a minimum amount of trees removed, it would give them an oppor-
tunity to get in and out of their driveways with far more safety.
A traffic light at Market and Ayr Streets would give them even
more safety to get in and out of their properties. He said he is
committed to it. The "Y" is dangerous - this is confirmed by both
the Police and Highway Departments. Mrs. Hill said she could think
of three instances that were supposed to be improvements and the
situation is worse. The resolution, as amended, was unanimously
adopted:
Aye : Councilmembers Cole, M. Hill, Murray, Tolbert and
Mayor Pro-Tem Hill.
Nay: None.
79-130 - RESOLUTION - AUTHORIZING THE PROPOSED SETTLEMENT OF
TOWN OF LEESBURG v. COUNTY OF LOUDOUN, ET AL,
IN CHANCERY NO. 3037 , IN THE CIRCUIT COURT.
OF LOUDOUN COUNTY.
On motion of Mrs. Hill, seconded by Mr. Tolbert, the following
resolution was proposed:
RESOLVED by the Council for the Town of Leesburg, Virginia,
as follows :
The Town Attorney is authorized and directed to execute
on behalf of the town a proposed entry in the Circuit
Court of Loudoun County , Chancery No. 3037 , in the case
Town of Leesburg v. County of Loudoun, et al, (Potters Field)
under the following terms and conditions :
1. Fee simple title to "Potters Field" , as shown on the
plat of Walter L. Phillips , C.L.S . , dated November
24 , 1965 containing 42, 558 square feet was vested in
the Town of Leesburg, by virtue of the Deed dated
1839 from Benjamin Shreve , Sr. to William T. T. Mason,
Mayor, and Thomas Birkby, Recorder, of the Corpora-
tion of Leesburg.
MINUTES OF SEPTEMBER 26 , 1979 MEETING.
2 . Fee simple title was vested in and to the Town of 3
Leesburg ,.in and to the land described in the afore-
said plat by virtue of adverse possession against
Benjamin Shreve, Sr. , his heirs , devisees and suc-
cessors in interest.
3. Fee simple title has been acquired in and to the
5, 132 square foot parcel, by First National Bank
of Purcellville, as shown on said plat by virtue
of adverse possession against the Town of Leesburg
and the heirs and successors in title of Benjamin
Shreve, Sr. by predecessors in title and by First
National Bank of Purcellville.
4 . Fee simple title has been acquired by Clarence G.
Jewell in and to the 2 , 693 square foot parcel as
shown on said plat, by virtue of adverse possession
against the Town of Leesburg and the heirs and suc-
cessors in title of Benjamin Shreve, Sr. by prede-
cessors in title and by Clarence G. Jewell .
5. The Town of Leesburg is at this time the fee simple
CD owner of the 34 , 733 square foot parcel, as set forth
CO on said plat.
W 6 . The said 34 , 733 square foot parcel is located at a
site which is inappropriate for its continued use
Q as a burial ground.
Q
7 . The Town of Leesburg may sell the 34, 733 square foot
tract and provide for in any agreement to sell the
land, removal of any remains which shall be rein-
terred in a suitable place and payment of the costs
of removal and memorial if any substantial evidence
indicates that such is necessary.
8. The Town of Leesburg may use the proceeds of the
sale after deducting the costs of the suit, removal
of any remains and reinterment, for any public pur-
poses .
9 . That the attorneys representing the town shall sub-
mit their charge for services to the Town of Lees-
burg for approval by the Court after having reached
an agreement with the town as to the amount .
10 . The Town of Leesburg shall pay Elijah B. White,
Special Commissioner, a sum as determined by the
Court for his services as Special Commissioner.
11 . The First National Bank of Purcellville and Clarence
G. Jewell may take possession of and proceed to uti-
lize their parcels of land without providing for re-
moval and reinterment of the remains since the con-
dition of said parcels due to past use precludes the
necessity for such action.
Mrs. Hill asked why it specifies a "suitable place"? Mr. Martin
said the Code probably uses this language. Some three or four
years ago, the Town had one of the undertakers go down and check
to see if there were any indentations. . They uncovered some 16 to
18 or more. Mr. Hill commented that this is one of the longest
lawsuits sustained by the Commonwealth in its history. Mr. Martin
has been working on this case at least since 1967 and he felt this
should be acknowledged. Mr. Martin said there could still be some
problem - the Court may not enter it . The resolution was unani-
mously adopted:
Aye : Councilmembers Cole, M. Hill, Murray, Tolbert and
Mayor Pro-Tem Hill.
Nay: None.
74 MINUTES OF SEPTEMBER 26 , 1979 MEETING.
79-131 - RESOLUTION - APPROVING A GRANT. APPLICATION TO THE VIR-
GINIA DEPARTMENT OF CONSERVATION AND ECO-
NOMIC DEVELOPMENT, DIVISION OF LITTER CONTROL
FOR FUNDING OF LITTER CONTROL EQUIPMENT.
On motion of Mr. Tolbert, seconded by Mr. Cole , the follow-
ing resolution was proposed:
WHEREAS , the Council recognizes the need for litter control
within the boundaries of the Town of Leesburg; and
WHEREAS, the Litter Control Act of 1976 provides, through
the Department of Conservation and Economic Development,
Division of Litter Control , for the allocation of public
funds to be contributed through grant funding to local
litter control programs.
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The Town Manager is authorized and directed to submit an
application requesting the town' s $1, 495 allocation be
used for the purchase of litter control receptacles.
Mrs. Hill asked how much one receptacle costs? However, Mr .
Niccolls did not know off-hand - it depends on the design and
they might come up with some new designs. The resolution was
unanimously adopted:
Aye: Councilmembers Cole, M. Hill, Murray, Tolbert and
Mayor Pro-Tem Hill.
Nay : None .
79-132 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC
HEARING ON PROPOSED AMENDMENT TO ARTICLE II,
CHAPTER 17 OF THE TOWN CODE.
On motion of Mr. Murray, seconded by Mr. Tolbert, the
following resolution was proposed :
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
A notice of public hearing to consider a proposed amend-
ment to Article II, Chapter 17 of the Town Code regarding
business license fees for peddlers, itinerant vendors,
professional occupations, real estate brokers, pawn-
brokers and title insurance companies, shall be published
in the Loudoun Times-Mirror on October 4 , 1979 for a pub-
lic hearing on October 10 , 1979 at 7 : 30 P.M. in the
Council Chambers, 10 West Loudoun Street, Leesburg, Vir-
ginia.
Mr. Tolbert asked if this catches all of the people for ped-
dler ' s licenses? Mr. Niccolls said we issue very few peddler ' s
licenses - a peddler is one who sells the goods he has with him.
Agricultural and farm produce are exempt. Mr. Tolbert was par-
ticularly interested in magazine salesmen. Mr. Taylor said there
is a very nominal fee for these people. The resolution was unani-
mously adopted:
Aye : Councilmembers Cole, M. Hill, Murray, Tolbert and
Mayor Pro-Tem Hill .
Nay: None.
79-133 - RESOLUTION - AUTHORIZING THE SALE OF A SURPLUS POLICE
VEHICLE.
• On motion of Mr. Cole, seconded by Mrs. Hill , the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
MINUTES OF SEPTEMBER 26 , 1979 MEETING.
75
SECTION I . The manager is authorized and directed to
dispose of a 1976 police car, Serial #6B53S156401 by
way of public auction to be held Wednesday, October 10 ,
1979 .
SECTION II . Public Notice advertising the sale of this
surplus vehicle shall be published in the October 4 issue
of the Loudoun Times-Mirror.
Aye : Councilmembers Cole, M. Hill, Murray, Tolbert and
Mayor Pro-Tem Hill .
Nay: None .
79-134 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR
ENDING JUNE 30 , 1980 .
On motion of Mrs. Hill , seconded by Mr. Tolbert, the follow-
ing resolution was proposed and unanimously adopted after expla-
nation by Mr. Niccolls :
RESOLVED by the Council of the Town of Leesburg, in Vir-
ginia, as follows :
CO
CO SECTION I . An appropriation is made from the Airport Fund
N to Account No. 30000 . 288 , Interest, in the amount of
W $5 , 710 . 00 for the fiscal year ending June 30 , 1980 .
Q SECTION II . An appropriation is made from the Capital
Q Projects Fund to Account No. 70000 . 251 , Preliminary En-
gineering, in the amount of $5 , 557 . 00 for the fiscal year
ending June 30 , 1980 .
Aye: Councilmembers Cole, M. Hill, Murray, Tolbert and
Mayor Pro-Tem Hill.
Nay: None.
79-135 - RESOLUTION - APPROVING INITIAL CHANGE ORDERS ON THE
POTOMAC RIVER WATER INTAKE AND FILTRATION
PLANT .
Mr. Niccolls explained that this has been offered as a New
Business item because they would like to move the contracting
procedure along as rapidly as possible. Council asked that the
engineers be satisfiedthatthe contractor has executed the
right change order instruments before they execute the actual
contract. After a meeting today with the contractor and the
engineer, he sees no impediments to reaching this point by Oc-
tober 2, with a fully satisfactory set of change order docu-
ments and contract documents , including bonds, insurance, etc .
These change orders have been approved by Betz- Converse - Mur-
doch, Inc. , but are not actually in final form yet. On motion
of Mr. Tolbert, seconded by Mr. Murray, the following resolu-
tion was proposed, there being no objection to considering this
tonight :
WHEREAS, Mechanical Constructors Incorporated, designated
contractor for the Potomac River water intake and filtra-
tion plant, and Betz-Converse-Murdoch, Inc. , engineers
on the project, have reached agreement as to the form and
content of initial change orders reducing the cost of the
project from $7, 219 , 000 to $6 ,297 , 000 and are in the final
stages of preparing change order documents for execution;
and
WHEREAS, execution of the contract is set for October 2 ,
1979 :
THEREFORE, RESOLVED by the Council for the Town of Lees-
burg, Virginia, as follows :
Initial change orders prepared by Betz-Converse-Murdoch,
Inc. as described above are approved and the contract
authorized in Resolution 79-121 is authorized.
MINUTES OF SEPTEMBER 26 , 1979 MEETING.
76 Mr. Hill asked Mr. Niccolls if he feels confident that the engi-
neers are not recommending anything unless they have approved
it? Mr. Niccolls explained that the change order instruments
must be signed by three parties - the engineer, the town and the
contractor. The contract documents actually include these instru-
ments so the contract cannot be signed until they are ready.
The resolution was unanimously adopted:
Aye : Councilmembers Cole , M. Hill, Murray, Tolbert and
Mayor Pro-Tem Hill .
Nay : None.
79-136 - RESOLUTION - .PARTIAL RELEASE OF PERFORMANCE BOND FOR
SECTION II OF PHASE I CARRVALE SUBDIVISION.
There being no objection to considering tonight, on motion
of Mrs. Hill, seconded by Mr. Cole, the following resolution was
proposed:
WHEREAS , International Pavilion Company, developers of
Section II Carrvale, have requested partial release of
the $331, 009 Performance Bond for public improvements
for that subdivision, and
WHEREAS, Bonds #920134 and #920135 in the amounts of
$205, 361 and $125 , 648 from Republic Financial Services,
Inc. had been approved to guarantee the installation of
those public improvements, and
WHEREAS, the public improvements have been completed in
accordance with town standards except for minor repairs,
final paving and as-built drawings, all valued at approxi-
mately $73, 500, and
WHEREAS , the developers have agreed to substitute a per-
formance bond in the amount of $73, 500 to guarantee the
remaining work, and
WHEREAS , International Pavilion Company understands that
1/.
this partial release is not an indication that the public
facilities are accepted for maintenance and that they are
solely responsible for the condition of those improvements
until such time as they are accepted.
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
as follows :
SECTION I. The Performance Bond in the amount of $73, 500
is approved conditioned upon review and approval by the
town attorney.
SECTION II . Performance Bonds #920134 and #920135 in the
amounts of $205, 361 and $125, 648 , respectively, from Re-
public Financial Services, Inc. , providing for the guaran-
tee for the installation of public improvements for Sec-
tion II of Carrvale Subdivision, are released conditioned
upon receipt of the bond as noted in Section I of this
resolution.
Mr. Niccolls explained that this is conditioned upon Council ap-
proval, the town attorney ' s approval and receipt of the perform-
ance bond - then the return of the old bonds . The resolution
was unanimously adopted:
Aye : Councilmembers Cole, M. Hill, Murray, Tolbert and
Mayor Pro-Tem Hill.
Nay: None.
MINUTES OF SEPTEMBER 26 , 1979 MEETING.
79-137 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH THE INTER-
NATIONAL PAVILION COMPANY REGARDING INDEM-
NIFICATION TO THE TOWN FOR CERTAIN EXPENSES
DURING PROCEEDINGS RESULTING FROM A PETITION
FOR ANNEXATION BY CHARLES B. McKIMMEY, ET AL.
There being no objection to considering tonight, on motion of
Mrs . Hill, seconded by Mr. Cole , the following resolution was pro-
posed:
RESOLVED by the Council for the Town of Leesburg, Virginia,
as follows :
The Manager is authorized and directed to execute on behalf
of the Town the proposed agreement between the Town and
International Pavilion Company transmitted with memorandum
to the Council dated September 26 , 1979 .
Mr. Niccolls explained that out-of-pocket costs incurred by the
Town in connection with this suit will be reimbursed to the Town.
Mr. Martin explained further that the staff envisions the poten-
tiality of the town having to furnish certain evidence by way of
CO experts or whatever is required by the Annexation Court. In a
CO recent case, it was held that once a town approves a petition of
Cu this nature, it also becomes a proponent. It was felt that the
W Council might not want to incur expenses which have not been pro-
vided for by budget or otherwise, so it was suggested to the at-
Q torney for the applicant hat something like this would be in order.
Q Mr. Hill asked if this9pr6hibit the town from requesting annexa-
tion on its own without waiting the required five-year period?
Mr. Martin said we do not know, but he was not sure - the Code
seems to have that restriction if it were the town ' s original pe-
tition. Mr. Minor believes it has been changed to 10 years , but
they are fairly sure this would have no effect on us because this
one is a petition-instituted annexation. Mr. Hill suggested that
perhaps we should have a ruling from the Attorney General . Mr.
Martin did not think so, but the only way the town could really pro-
tect itself would be to oppose this. Mr. Minor said the question in
Committee was, if we became a proponent, could we refuse the annexa-
tion on the Court ' s terms? Mr. Martin said we do not really know
the answer to this question. He said the statutesare not too well
drawn - particularly in this situation of outsiders coming in and
requesting the annexation. Mr. Hill asked if Mr. Martin thought
the Court would be unreasonable? Usdid not feel the Court would
require sidewalks, curbs, gutters/eas had been done in some instances
many years ago - he thought these would be required as a part of
the Subdivision Ordinance. Mr. Minor said these things would be
a part of our Answer - the terms of the annexation would be subject
to all of our ordinances , rules and regulations . The resolution
was unanimously adopted :
Aye : Councilmembers Cole, M. Hill , Murray, Tolbert and
Mayor Pro-Tem Hill .
Nay : None.
79-138 - RESOLUTION - AUTHORIZING AN ANSWER TO THE PETITION FOR
ANNEXATION BY CHARLES B . McKIMMEY , ET AL.
There being no objection to considering tonight, on motion
of Mr. Cole, seconded by Mrs. Hill, the following resolution was
proposed:
WHEREAS, Charles B. McKimmey, et al , representing more than
51 percent of the qualified voters in a certain territory
adjacent to the corporate limits of the Town of Leesburg,
filed a petition in the Circuit Court of the County of
Loudoun, Virginia, for annexation of territory specifically
described by a map and a metes and bounds description that
is part of the said petition; and
WHEREAS, the petition requests that the territory be annexed
to the Town of Leesburg pursuant to Article I, Chapter 25,
Title 15 . 1 of the Code of Virginia, 1950, as amended; and
MINUTES OF SEPTEMBER 26 , 1979 MEETING.
78 WHEREAS , the Town of Leesburg has been named as a necessary
party to the proceedings and has been served with a copy
of said petition:
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows:
The Town Attorney is authorized and directed to file an
answer in the Circuit Court of Loudoun County to the afore-
mentioned annexation petition generally as follows :
(1) With the exception noted below, the Town of Lees-
burg agrees with all of the statements and terms contained
in the said petition, including but not limited to the de-
sirability of, necessity for, and expediency of the an-
nexation of the said territory to the Town of Leesburg.
(2) Statements 8 .a and 8.b with respect to zoning for
the said territory are not appropriately included in the
petition as the zoning of a newly annexed territory is es-
tablished pursuant to Section 1-3 of the Leesburg Zoning
Ordinance and any subsequent rezonings are accomplished
through appropriate Council action in accordance with the
Code of Virginia.
(3) The terms set out for the annexation shall be sub-
ject to current and prospective federal, state and town laws ,
ordinances, rules and regulations.
Mr. Hill asked Mr. Martin if the agreement entered into with the
Petitioner would have to be approved by the Court? Mr. Martin
said it would not. The resolution above was unanimously adopted:
Aye : Councilmembers Cole, M. Hill, Murray, Tolbert and
Mayor Pro-Tem Hill .
Nay : None.
79-139 - RESOLUTION - AUTHORIZING A SUBDIVIDER' S AGREEMENT AND
APPROVING A LETTER OF CREDIT FOR CARDINAL
INDUSTRIAL PARK SUBDIVISION.
There being no objection to considering tonight, on motion of
Mrs . Hill, seconded by Mr. Tolbert, the following resolution was
proposed:
WHEREAS, the Cardinal Industrial Park Subdivision has re-
ceived preliminary plat approval and the Director of Engi-
neering has approved the construction drawings and a
$252, 000 cost estimate for public improvements; and
WHEREAS, the Virginia Department of Highways and Trans-
portation has advised the developer it. will construct
Cardinal Park Drive at its expense under the Industrial
Access Highway Fund Program at a maximum cost of $182, 500 .
THEREFORE, RESOLVED by the Council of the Town of Lees-
burg, Virginia, as follows :
A letter of credit from the First and Merchants National
Bank in the amount of $69 , 500 is approved to guarantee
installation of public improvements in Cardinal Industrial
Park Subdivision, exclusive of work to be performed by the
Virginia Department of Highways and Transportation, and the
Manager is authorized and directed to execute the standard
agreement for installation of public improvements in Cardi-
nal Industrial Park . In the event the Virginia Department
of Highways and Transportation refuses or fails to construct
Cardinal Park Drive, or notifies the developer or town that
Cardinal Park Drive is ineligible for Industrial Access High-
way Fund Program monies , the developer shall immediately in-
crease its guarantee of performance under the subdivision
ordinance to the Director of Engineer ' s then current cost
estimate of public facilities remaining to be installed in
Cardinal Industrial Park.
MINUTES OF SEPTEMBER 26 , 1979 MEETING.
Mr. Niccolls said this is a rather unusual request in that it 7 9
requires the town to relax its normal bonding procedures
slightly because of an agreement that the developer and the
Highway Department have reached on that road. The Highway De-
partment could theoretically withdraw this agreement under some
unforeseen circumstance and we would be left with an approved
subdivision without 100 percent bonding. The only saving con-
dition is that it is a subdivision outside the town and we hold
the water and sewer connections. He felt that sufficient leverage
exists on these developers to cause them to replace such surety
with another letter of credit. He had no reservations, other than
this one slight caution. Industrial access road money is only
available for a road which serves a new or greatly expanded sig-
nificant industrial employer. If the company that has signed the
agreement for a lot with Cardinal Industrial Park should go bank-
rupt and not be able to fulfill the terms of its : purchase agree-
ment, VDH&T could say that Cardinal does not have an industrial user
so they can ' t build the road. Metro Manufacturing was burned out
and wantsto come back to Loudoun, so he felt this is a situation
worth doing. Representatives of the developer were present.
•
Mr. Hill asked if the Highway Department is requiring a bond
CD to be put up for this work? Mr. Jewell said they will let the
CO bids for the road construction, so the developer will have nothing
to do with it. Mr. Hill asked what assurance they have that the
N Highway Department will do this? Mr. East said they have a letter
W qualifying them for the roadway funds program. and they are avail-
a able annually. Mr. Jewell said there is a letter from Mr. Butler
CX dating the funds have been approved. Mrs. Hill asked when this
work will be done . ? Mr. East said it will be this fiscal year.
Mr. Shope exhibited a. copy of this letter. Mr . Niccolls said,
in order for this road to be constructed by the Highway Depart-
ment, it must be on a publicly owned right-of-way, and in order
for there to be such a right-of-way, there must be a subdivision
approved. The letter from the Highway Department was read into
the record, and -states that the factory would qualify for indus-
trial access funding up to a maximum of $150, 000 . Their estimate
for construction of the road is $215, 000, so this leaves a bal-
ance of $65, 000 to be committed by others . Mr. East further ex-
plained that the $150 , 000 is outright money from the State. They
will further increase their participation on a dollar to dollar
basis, so they are actually talking about $32 , 500 . The Highway
Department 's full participation will be $185, 000 . Mr. Niccolls
asked why the Council should act tonight on this? Mr. East said
they need the subdivision recorded - they can ' t get back to the
State with the Supervisor ' s resolution of support until they have
a recorded subdivision. With a completed subdivision, the State
can then proceed to take the drawings and issue the bid proposal .
This is the critical part. They also have a couple of contracts
on the property that have requested lot numbers and this can only
be done with a recorded subdivision. Mr. Niccolls said he will
be checking tomorrow with the Highway Department to get a letter
to the town. Nothing will be executed until such a letter is re-
ceived saying this is their approved plan . He wants to be sure the
town is satisfactorily covered. Mr. Jewell said they have been
dealing with the Highway Department on another road to be dedi-
cated to _.._then .. that has nothing to do with Cardinal Park Drive
other than that it ties into it . They have also been dealing with
the Planning and Zoning staff of the County and with the Town as
well since they are in the one-mile jurisdiction . Each department
will do nothing without the others having given approval, so they
have been going around in circles . They consider this letter from
the Highway Department a major move on their part. He had no
problems with what Mr. Niccolls wants to do. Mr. Hill said he
would like to see the Highway Department commitment , and that
letter should state that they will furnish the additional $32 , 500 .
Mr. Niccolls felt that the contingencies are built into the reso-
lution. Mr. Shope will not recommend final plat approval to the
Planning Commission until we have everthing in place. The reso-
lution was unanimously adopted :
Aye: Councilmembers Cole , M. Hill, Murray , Tolbert and
Mayor Pro-Tem Hill .
Nay : None.
SO MINUTES OF SEPTEMBER 26 , 1979 MEETING.
79-140 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH THE LOUDOUN
TIMES PUBLISHING COMPANY FOR STORM SEWER
ENCROACHMENT FOR LOADING DOCK.
There being no objection to considering tonight, on motion of
Mr. Cole, seconded by Mr. Murray, the following resolution was pro-
posed:
WHEREAS, the Loudoun Times Publishing Company, Inc. , 9 East
Market St. proposes to construct a loading dock and load-
ing dock foundation which will intrude into an existing
storm sewer easement granted tothe town, and
WHEREAS, the presence of the loading dock and loading dock
foundation may impede the required maintenance replacement
or use of the storm sewer, and
WHEREAS, it is the desire of the parties to provide for the
payment of the cost of said maintenance and/or replacement
for use of the storm sewer;
NOW, THEREFORE, RESOLVED, the Mayor is authorized to enter
into an agreement with the Loudoun Times Publishing Company
which allows for the encroachment of the loading dock and
loading dock foundation and provides for compensation to
the town for any additional costs related to the encroach-
ment and holds the town harmless from any liability or claim
as a result of this encroachment. The Town Attorney is to
review and approve this agreement prior to execution.
Mr. Niccolls sketched this proposal on the blackboard and explained
that the loading dock and foundation, as originally proposed,were
in the way of traffic coming from the bank. This puts it right
over the storm sewer, however, Mr. Shope says it will not endanger
the pipe. Mr. Hill asked if this is an improvement over what it
was before. Mr. Shope said it will make it difficult for the town
to get in and maintain the storm sewer line . That ' s why they felt
there should be a separate agreement for this . The resolution was
unaninously adopted:
Aye : Councilmembers Cole, M. Hill, Murray, Tolbert and
Mayor Pro-Tem Hill .
Nay : None .
Mrs. Hill asked if the wiring in the Council Chambers has been
checked - the lights keep blinking on and off. Mr. Niccolls said
it has been checked but he will have it done again.
On motion of Mr. Murray, seconded by Mr. Tolbert, the meeting
was adjourned at 9 : 20 P.M.
/174-/ Mayor `Pro- m
1
Clerk of th/ Council