HomeMy Public PortalAbout1984_05_09 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARING ON
PROPOSED VACATION OF PORTION OF UNIMPROVED 2ND STREET, MAY 9, 1984. X9.9
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 West Loudoun Street, Leesburg, Virginia on May 9, 1984 at 7:30
p.m. The meeting was called to order by the Mayor, with the invocation given
by Mr. Tolbert, and followed with the Salute to the Flag led by Mr. Williams.
Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Edgar L.
Coffey, Jr. , Marylou Hill, John W. Tolbert, Jr. , Charles A. Williams and Howard
M. Willis, Jr. ; also Town Manager John Niccolls, Deputy Manager Jeffrey H. Minor,
Planning Technician Mark Nelis, Assistant Engineer Mohammed Alam and Town Attor-
ney George M. Martin.
PUBLIC HEARING ON PROPOSED VACATION OF PORTION OF UNIMPROVED 2ND STREET.
Mr. Niccolls advised that an application was received on March 23rd for
vacation of that portion of 2nd Street that lies west of South Wirt Street.
There are no public improvements and the street has never been opened for pub-
lic travel. The portion to be vacated is 30 feet in width and lies between
four lots in Waverly Heights Subdivision. There is a provision in the State
Code permitting the vacation of a street after a public hearing. Mr. Harry J.
Kaiser, Trustee, has offered to pay $3,520 as the fair market value for the land
being vacated (4,500 square feet) . Developers are present .who wish to develop
the land residentially. An ordinance would be filed in the deed records of Loud-
oun County and would serve as a transfer instrument. The Mayor would be author-
ized to execute a quit-claim deed, releasing any rights, title or interest the
town may have in this vacation. Mr. Martin has found no legal objection to this
procedure if Council desires to go along with it.
W
CO Ms. Deborah Welsh, attorney for Mr. Kaiser, Trustee, advised Council that
Q the Code of Virginia provides criteria for vacating a street to determine whether
it is an inconvenience to close the street. This is an unimproved street that
went on record in approximately 1909 and has never been used - therefore, it
serves no useful purpose. She tendered a check in the amount of the price to be
paid for this street, plus the cost of advertising the hearing. The total square
footage to be vacated is 6,391.
There was no-one to speak for or against this application for vacation.
The Mayor declared the hearing closed. A plat of the proposed vacation was ex-
hibited to councilmembers for further clarification.
84-0-16 - ORDINANCE - VACATING A PORTION OF SECOND STREET IN WAVERLY HEIGHTS
SUBDIVISION.
On motion of Mr. Bos, seconded by Mrs. Hill, the following ordinance was
proposed and unanimously adopted:
WHEREAS, an application for vacation of a portion of 'Second Street,
being 30 feet in width and located between lots 64 and 63 and lots
93 and 94 of Waverly Heights Subdivision, and as more particularly
described on the boundary survey of Waverly Heights dated June, 1983
and revised July 14, 1983 by DeLashmutt Associates, certified land
surveyors, was filed by Harry J. Kaiser, Trustee on March 23, 1984;
and
WHEREAS, a public hearing on the proposed vacation was advertised and
conducted pursuant to Section 15.1-364 of the Code of Virginia, as
amended, on May 9, 1984, with no objection being heard; and
WHEREAS, Harry J. Kaiser, Trustee, has offered to pay to the town
$3,520.00 as the fair market value for the land being vacated:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. A portion of Second Street, being 30 feet in width and lo-
cated between lots 64 and 63 and lots 93 and 94 of Waverly Heights Sub-
division, and as more particularly described on the boundary survey of
Waverly Heights dated June, 1983 and revised July 14, 1983 by DeLash-
mutt Associates, certified land surveyors, is vacated pursuant to Section
15.1-364 of the Code of Virginia, as amended.
SECTION II. The mayor shall execute a quit claim deed on behalf of the
town releasing any rights, title and interest the town may have in the
portion of Second Street vacated herein.
MINUTES OF MAY 9, 1984 MEETING.
I '
100
SECTION III. The clerk shall provide the applicant a certified copy
of this ordinance.
SECTION IV. This ordinance shall be in effect upon its passage.
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and
Mayor Sevila.
Nay: None.
COUNCILMEMBER COMMENTS:
Mr. Bos welcomed Mr. Williams as a new member of this council and congratu-
lated Mr. Curry and Mr. Kelley on their election. He said he will miss Mr. Gheen,
he felt he worked hard for the town.
Mr. Bos also said he was told today by a member of the DBA that they have
ordered some planters to be placed along King Street - these should help the ap-
pearance of the downtown area. He also talked to them about the KDA plan done
a few years ago concerning streetscape - a lot of them would like Eo do this type
of thing in one form or another when and if funds become available. They have
some ideas they would like to do on their own, such as hanging out some old signs
of businesses in the 1700's and 1800's. He suggested they come to the next Coun-
cil meeting and let Council know what their plans are.
Mr. Bos was glad to see the Town Plan finished and before them - there has
been a lot of work put into this and a lot that is still unresolved. He is look-
ing forward to the Planning Commission and Council sinking their teeth into this.
Mr. Williams expressed his pleasure in serving the people of Leesburg.
•
Mrs. Hill said we will be hearing from the DBA concerning increasing the park-
ing meters to 20 cents per hour. Some of them are very unhappy about this.
Mr. Willis welcomed Mr. Williams, Mr. Curry and Mr. Kelley. He commented that
two years ago, the town repaired the Christmas lights and they talked at that time
about purchasing new ones. He felt this should be done. Mr. Bos said they have
been discussing this.
Mr. Coffey also welcomed Mr. Williams, Mr. Curry and Mr. Kelley. He has
been promising for several months that the Town Plan would soon be here - it is
here. He thinks it is basically a good document, however, it does need a little
more work. There are still a few items that are debatable. He felt no-one
should be ashamed of it
Mr. Tolbert also welcomed Mr. Williams, and Mr. Curry and Mr. Kelley when
the time comes.
Concerning the Flight Service Station, Mr. Tolbert said the work is moving
along very well. They will be reviewing some proposals tomorrow for extension of
the runway. Mr. Niccolls described the material to be used for the outside of the
building.
MAYOR'S REPORT:
Mayor Sevila expressed his congratulations and best wishes to the three new
members for the coming term. He too will miss Mr. Gheen, who has made an excel-
lent contribution to the town government in the last two years. They all wel-
come the opportunity to work with the new members.
Mayor Sevila also commented that this week is being observed nationally
as Municipal Clerk's Week to observe the contributions that municipal clerks
make to local government. He will be attending a dinner of the Virginia Mu-
nicipal Clerk's Association on Friday night to observe this occasion of the
President of the United States having declared this first "Municipal Clerk's
Week."
MANAGER'S REPORT:
(1) Mr. Niccolls said 100 copies of the Town Plan have been published and
are being offered at $7.50 per copy. Copies will be distributed to members of the
Boards and Commissions and others that relate to planning functions. They are
hoping not to have to go into a second printing of this draft, however, this is
a possibility.
MINUTES OF MAY 9, 1984 MEETING.
(2) He highlighted several items from the Activity Report, as follows O 1
(a) Leesburg joined a Municipal League-sponsored self-insurance pro-
gram for worker's compensation two years ago and dividends for that decision are
now being realized. A dividend has been declared to Leesburg in the amount of
$5,955. Our premium costs are substantially lower than under the other plan.
The assistance we are receiving from the safety and claims management people
of the insurance association is more regular than we were getting from private
carriers.
(b) We have been working with the Loudoun Economic Development De-
partment and June Bachtell for a progressive meeting with a group of industrial
park developers. The tour will visit Leesburg and the Mayor will be there for
lunch. Anyone interested in attending the luncheon at Xerox, please contact
Jeff Minor. Also, there are seats still available on the bus for the whole tour.
This would be a good opportunity to meet some of these industrial developers.
(c) A very large sink hole developed at the Myers Well and it has
been filled. We had advice from the County Soil Scientist and numerous others
as to how to take care of it. Basically, it was sealed with concrete at the bot-
tome and filled with stone. This has happened around wells before.
(d) There is a long list of Planning Commission actions.
r- (e) A number of street name sign posts are being relocated and prepared
N for the new. signs - the deadline is June 15th.
W (f) A number of firms (seven) have requested copies of the develop-
( ment prospectus for the VEPCO tract marketing project - this is our request for
Q proposals for people interested in purchasing the land we purchased from McKimmey
Feed.
(g) It is highly commendable that our Water Treatment Laboratory has
been certified for bacteriological examinations. We have a fine lab technician
who is a graduate chemist with a Master's Degree in biology who operates our lab -
he has assumed a role far beyond a laboratory technician.
(h) Work is coming along on the building for the airport sewer lift
station. The structural work is being done by town forces and subcontracts on
the electrical work.
(i) We finally have the pigeon population down in Leesburg. This is
done in cooperation with the State Department of Agriculture.
(j) We have listed the subdivisions and site plan developments cur-
rently at some stage of development under the Planning and Engineering staff -
this is a fairly lengthy list and is getting longer.
(k) We are still concentrating on a nuisance abatement program - this
is having a beneficial effect.
(1) We are almost all the way through the selection and recommendation
process for the engineer to do the construction engineering on the Sewage Treat-
ment Plant Expansion and upgrade project. Interviews have been held and last
week was spent in securing references, etc. on the top-rated firm, Camp, Dresser
and McKee. The procedure - now is to work on the contract with these people -
this will be a fairly complex document. The document then has to be approved by
the State Water Control Board and EPA before it can be fully implemented. They
think it is important to get the work going as soon as possible, so Mr. Shope will
try to do this while preserving the 75 percent grant on these services.
(m) There will be no action on the tractor-mower tonight - there were
technical deficiencies in the process and we will have to re-advertise.
Mayor Sevila asked how the draft Town Plan presented tonight differs from
the April draft? Mr. Niccolls explained in detail, with Mr. Bos supplying addi-
tional information. The proposed traffic plan is still unresolved.
Mayor Sevila learned today that Leesburg will be featured on national public
broadcasting radio at 5:00 p.m. this Saturday. He understands this is a fairly
complimentary treatment of the town, Mr. Tolbert has been interviewed in connec-
tion with it. He understands Leesburg was one town out of the entire United
States to be featured on this program.
MINUTES OF MAY 9, 1984 MEETING.
102 84-69 - RESOLUTION - APPROVING A GRANT APPLICATION TO THE VIRGINIA DEPARTMENT OF
CONSERVATION AND ECONOMIC DEVELOPMENT, DIVISION OF LITTER
CONTROL, FOR FUNDING OF LITTER CONTROL PROGRAM.
On motion of Mrs. Hill, seconded by Mr. Willis, the following resolution
was proposed:
WHEREAS, Council recognizes the need for litter control within the boun-
daries 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 in the form of grants for the purpose of
enhancing local litter control programs :
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The manager shall submit an application requesting the town's $1,787.00
grant allocation which, if approved, will be used for expansion of our
present litter control program.
To Mr. Williams' questions concerning the expenditure of these funds, Mayor Sevila,
Mr. Niccolls and Mr. Bos responded, explaining that travel and training funds are .,
used by members of the Environmental Advisory Commission or Jan Shepherd from the
staff in attending State meetings to learn more about this program and how to
better expend the funds for clean-up of park areas (particularly Plaza Park) ,
for necessary and attractive trash receptacles throughout the town, as well as
other items needed, and for a future awards program in connection therewith.
The resolution was unanimously adopted:
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and
Mayor Sevila.
Nay: None.
84-70 - RESOLUTION - APPROVING THE 1984 LEESBURG FARMERS' MARKET OPERATING
REGULATIONS.
On motion of Mrs. Hill, seconded by Mr. Willis, the following resolution
was proposed:
WHEREAS, the Town of Leesburg is sponsoring a farmers' market to be
included in the South Harrison Street redevelopment project; and
WHEREAS, operating regulations for the market have been established
and have been incorporated into the producer's application:
I
THEREFORE, RESOLVED by the Council of the Town -of Leesburg in Virginia
as follows:
The farmers' market operating regulations are approved as stated on the
1984 producers application.
Mayor Sevila said this agreement has been "haled out" and everyone has accepted it.
They all recognize that it is flexible and that, as the market grows, modifica-
tions will be made to the regulations. A copy of the application is shown below:
APPLICATION
TOWN OF LEESBURG FARMERS' MARKET
1984
NAME APPLICATION #
ADDRESS
CITY STATE ZIP
PHONE ( ) FARM
Please indicate the kinds of produce or other items you will bring to the market.
I
MINUTES OF MAY 9, 1984 MEETING.
— — — -- — — toe __
The Leesburg Farmers ' Market is scheduled to begin operation on July 7, 1984.
The hours of operation will be from 8 a.m. to 12 p.m. on Saturday morning and
2 p.m. to 6 p.m. on Wednesday afternoon.
TERMS OF AGREEMENT
1 . This is a producers only market. All producers from outside Loudoun County
must have their applications signed by their local County Extension Agents
verifying production of the products listed by the applicant.
2. You will be permitted to begin setting up 30 minutes before opening time.
3. Spaces will be 'reserved for regular participants until 30 minutes before
opening time. Those not occupied by that time may be occupied by any
registered producer.
j 4. Each producer must register with the designated market manager each selling
day.
5 . Each producer is responsible for leaving his/her area clean on departure.
6 . No producer will be permitted to sell at the market without a current
approved application agreement.
N 7 . All items sold must comply with the Virginia Food laws.
WCO 8. The designated market manager will be the recognized authority during
Q market hours.
9. Shoes and shirt for producers are required dress at the market.
APPLICATION PROCEDURE
A yearly application fee of $15.00 is required for processing your application
Sand
advertisement of the market. The yearly application fee entitles you to
participate in the Leesburg Farmers' Market on all market days during the
I
current year.
Complete and sign this application. Include your registration fee and return
to Janet Shepherd, Town of Leesburg, P. 0. Box 88, 15 W. Market St. , Leesburg,
I VA 22075.
Once approved a copy will be mailed to you and must be brought and displayed
each day for admission to the market .
AGREEMENT
I have read the above Terms of Agreement. I understand that if I fail to abide
by the above rules and regulations , permission for me to participate in the
Leesburg Farmers ' Market can and will be withdrawn. I understand that these
policies are subject to change by the Town of Leesburg and that I would be required
to abide by the changed rules in order to continue my participation in the market.
I certify that I or my family produced all products being sold.
Signature of producer Date
CERTIFICATION
I hereby certify that the above named applicant is a grower in the county and
produces items listed.
Signature of Extension Agent Date
Name County Phone
Address City State Zip
• MINUTES OF MAY 9, 1984 MEETING
104
APPROVAL
Signature
Date
Town of Leesburg
Comments :
.111 Nay: None.
84-71 - RESOLUTION - URGING LEGISLATION BY THE CONGRESS OF THE UNITED STATES
WHICH WILL FULLY PROTECT MUNICIPALITIES AND THEIR SPECIAL
PURPOSE UNITS OF GOVERNMENT FROM LIABILITY UNDER FEDERAL
ANTITRUST LAWS.
On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution
was proposed and unanimously adopted:
WHEREAS, federal antitrust law suits are being filed in ever-increasing
numbers against municipalities; and
WHEREAS, claims for monetary relief seeking hundreds of millions of dol-
lars for treble damages under the federal antitrust laws threaten the
fiscal integrity of municipalities; and
WHEREAS, even frivolous antitrust suits can be extremely time consuming
and expensive to defend because of the need to hire outside counsel; and
WHEREAS, the activities of local government, like the activities of state
and federal governments, are particuarly unsuited to the application of
federal anti-trust statutes; and
WHEREAS, there is no logical reason why local governments, including
special purpose units of local government such as authorities and com-
missions, should not have anti-trust immunity similar to that available
to state governments and the federal government.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. This Council urges legislation by the Congress of the United
States which will fully protect municipalities and their special purpose
units of government from liability under federal antitrust laws.
SECTION II. The mayor shall send a letter on behalf of the Town Council
of the Town of Leesburg urging the adoption of such legislation and for-
warding copies of this resolution to Senator Warner, Senator Trible,
Congressman Wolf, Congressman Rodeno, Chairman, House Judiciary Committee
and Senator Thurmond, Chairman, Senate Judiciary Committee.
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and
Mayor Sevila.
Nay: None.
84-72 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC HEARING ON PRO-
POSED AMENDMENT TO PROFFERS FOR ZM-49, CARRADOC HALL.
On motion of Mrs. Hill, seconded by Mr. Coffey, the following resolution
was proposed:
A Notice of Public Hearing to consider a proposed amendment to proffers
for Rezoning ZM-49, Carradoc Hall, shall be published in the Loudoun
Times-Mirror on May 10, 1984 and May 17, 1984 for public hearing on
May 23, 1984 at 7:30 p.m. in the Council Chambers, 10 West Loudoun
Street, Leesburg, Virginia.
Mr. Niccolls explained there is a slight error in the proffer - a corrected one
will be received prior to the hearing, along with the Planning Commission's recom-
mendation. The resolution was unanimously adopted:
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams and Mayor
Sevila.
Nay: None.
MINUTES OF MAY 9, 1984 MEETING.
84-73 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC HEARING ON 105
REZONING #ZM-48 BY LAWRENCE N. GRANT.
On motion of Mrs. Hill, seconded by Mr. Bos, the following resolution was
proposed and unanimously adopted after brief discussion:
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
by
A Notice of Public Hearing to consider Rezoning ZM-48/Lawrence N. Grant
to have rezoned from R-2 to B-2 14,375 square feet of land located on
the north side of East Market Street, bounded by the properties of
Fisher and Bishop on the north, the property of Lininger on the east,
' the property of Ray Martin, et al, Trustee on the south and west, shall
be published in the Loudoun Times-Mirror on May 24, 1984 and May 31,
1984 for public hearing on June 13, 1984 at 7:30 p.m. in the Council
Chambers, 10 West Loudoun Street, Leesburg, Virginia.
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams and Mayor
Sevila.
Nay: None.
84-74 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE
FOR INSTALLATION OF PUBLIC IMPROVEMENTS, APPROVING WATER AND
SEWER EXTENSIONS AND AUTHORIZING A STORM WATER MAINTENANCE
N AGREEMENT FOR EXETER SUBDIVISION, SECTION I.
WOn motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution
CO was proposed:
Q RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager is authorized to execute on behalf of the town an
agreement (Form PC-2) with Leesburg Joint Venture of Gaithersburg, Mary-
land for installation of public improvements shown on the plans approved
by the director of engineering for Exeter Subdivision, Section I.
SECTION II. The extension of municipal water and sewer works for Exeter •
ISubdivision, Section I, is approved in accordance with Sections 15-9 and
19-18 of the Town Code.
SECTION III. An irrevocable credit line/letter of credit in a form ap-
proved by the town attorney from Old Court Savings and Loan, Inc. of
Baltimore, Maryland in the amount of $638,716 is approved as security
to guarantee installation of the public improvements shown on plans ap-
proved by the director of engineering for Exeter Subdivision, Section I.
SECTION IV. The manager is authorized to execute a storm water manage-
ment maintenance agreement between Leesburg Joint Venture of Gaithers-
burg, Maryland and the town in a form approved by the town attorney which
assures that the developer will maintain the storm water management -fa-
cilities.
SECTION V. This resolution is subject to town attorney review of the
financial background of Old Court Savings and Loan, Inc. and accept-
ance by the town for operation and maintenance of the Cattail Branch
Sewage Pumping Station.
After lengthy discussion concerning what type of storm water management facili-
ties are being proposed, and not knowing exactly what would be needed, on motion
of Mrs. Hill, seconded by Mr. Coffey, the following amendment was proposed and
unanimously. adopted:
Section VI. If the plans for storm water management for Exeter Subdi-
vision, Section I, include surface storm water retention facilities,
this resolution is null and void.
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams and Mayor
Sevila.
Nay: None.
There was further discussion concerning the letter of credit from a Maryland in-
stitution. Mr. Niccolls said Mr. Martin will determine whether this particular
bank has the proper stability - if not, we will ask for additional security and .
the matter will come back to Council. The resolution, as amended, was unanimously
adopted:
I
MINUTES OF MAY 9, 1984 MEETING)
106
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams and Mayor
Sevila.
Nay: None.
84-75 - RESOLUTION - MUNICIPAL CLERK'S WEEK, MAY 13-19, 1984.
On motion of Mayor Sevila, seconded by Mrs. Hill, the following resolution
was proposed and unanimously adopted:
WHEREAS, the municipal clerk is the oldest of public servants and a criti-
cal part of efficient and responsive local government; and
WHEREAS, the accurate recording, careful safeguarding and prompt retrieval
of public records and vital functions, without which effective local
government could not exist; and
WHEREAS, as local government has grown in responsibility and importance
through the Nation's history, so has the role of the municipal clerk;
and
WHEREAS, the clerk provides a direct link between past, present and fu-
ture by preserving records for posterity and implementing governmental
decisions; and
WHEREAS, municipal clerks also seek better and more effective ways to per-
form these critical responsibilities in light of the rapid technological
advances of today's world; and
WHEREAS, in recognition of the outstanding and vital services performed
by municipal clerks and their dedication to public service, the Congress,
by Senate Joint Resolution 92, has designated the week beginning May 13,
1984 as "Municipal Clerk's Week", and has authorized and requested the
President to issue a proclamation in observance of that week; and
WHEREAS, Ronald Reagan, President of the United States of America, pro-
claimed the week beginning May 13, 1984 as Municipal Clerk's Week and
called upon the people of the United States to observe that week with
i
appropriate ceremonies and activities:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The week of May 13-19, 1984 is recognized as Municipal Clerk's Week and
the citizens of Leesburg are encouraged to acknowledge the invaluable
contribution made to local governments by their clerks and, in parti-
cular, Clerk of Council Dorothy B. Rosen, who completes her 21st year in
office in 1984.
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams and .Mayor
Sevila.
Nay: None.
Mr. Bos suggested and strongly urged that Council have an in-depth dis-
cussion concerning more extensive advertisement of the public's business. He
noted that in England much of the public's business is advertised more widely.
There would be additional cost and additional staff work if more advertising
is done, but he would like to see it discussed - he had seven or eight sug-
gestions. Mayor Sevila agreed with this and asked that this item be placed
on the agenda for the next workshop session. Mr. Coffey thought this a good
idea too and suggested that each councilmember might make a list of problems
and questions people had during this campaign - this would be a good tool to
work with.
On motion of Mrs . Hill, seconded by Mr. Tolbert, the meeting was adjourned
at 9:10 p.m.
Mayor
la,..-LI /ICC
Clerk of th' Council