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HomeMy Public PortalAbout1972_08_23 ISO MINUTES OF REGULAR MEETING OF LEESBURG. TOWN COUNCIL, AUGUST 23 , 1972 . A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg , Virginia on ,Aug- ust 23 , 1972 at 7 :30 P.M. The meeting was called to order by the Mayor, with Councilman Titus offering the prayer. Those present were : Mayor Kenneth B . Rollins , Councilmen G. Dewey Hill, Walter F. Murray, Robert A. Orr, John W. Pumphrey, C . Terry Titus and John A. .Wallace, Jr. ; also Town Attorney George M. Martin. - The Minutes of the regular meeting of August 9, 1972 were approved as written. . _ Mr. James F. Tyler addressed. Council, seeking the .removal of one parking space to the east of the entrance to the Stirling Harrison property just purchased by his firm, in order to widen the driveway entrance . He explained that this would be an entrance only to the parking lot they are preparing behind the building , with the exit be- ing on Church Street. He said the parking lot would be asphalted in the spring and the exit would eventually be through the Times-Mirror 's proposed parking lot. The question arose as to where all the storm water will go when this lot is asphalted. Mr. Chaves said one catch basin is planned on Church Street when the storm drainage goes through - the Lesluke and Times-Mirror properties , however, none is planned at the moment. There will be another one closer to the Bank. Mr. Tyler said the sewer line from this property ran .into the storm sewer and they; , are, at present, working with the Town on this and have received permis- sion to tie into the Post Office sewer line . There was some objection to .considering this at this time and it was , therefore , referred to the Utility Committee for further study. Councilman Wallace reported that a proposal for an Antique Show _ - . and Fair, to be held, on October 8, 1972 , had been considered by the Fi- nance Committee, however, they had no recommendation at this time . Mr. Alan Warner explained that it is their intent to bring in approximately 100 exhibitors at $10 apiece. He said they have researched other an- tique shows and find that the admission fee is usually $1. 50 per perso so they feel that they should increase their fee to $1 .00 per person, which would change their proposal insofar as this is concerned. He explained other facets of the proposed show and asked that the Council give favorable consideration to this proposed project-. Councilman Wal- lace said the Town would have to issue this permit under the itinerant vendor 's license fee of $225 per concessionaire . Mr. Warner said they had expected to pay a license fee for one itinerant vendor, under which the entire show would operate, and they felt that ten per cent of the profit; after expenses would be of benefit to the Town. Mr. Wallace pointed out that there had been requests for sidewalk sales and other projects dur- ing the week-end of the Waterford Fair, all trying to capitalize on this week-end. All of these would require extra policemen and could create a traffic problem. For this reason, he was personally opposed to it. Councilman Orr could not see that this would present a traffic problem. Councilman Murray said that , of the three sites mentioned, the only ac- ceptable one would be the Giant Parking Lot and, if they provide the po- lice to handle traffic and meet health standards , he would think Council would have no more control over it. Councilman Hill said this, then, would mean there could be a carnival or fair every week-end if someone desired to have it on private property. Town Attorney Martin said he thinks the Ordinance is poorly worded and would have to be amended. He does not think it would apply to an outdoor venture such as this - it applies only to those people operating in a structure. Councilman Titus objected to the use of the land owned by Mr . Cole, which could create a monstrous traffic problem, and also believed the Police should be hired and paid for by the promoters of the show. On motion of Councilman Orr, sec- onded by Councilman Pumphrey, the following Resolution was adopted by a roll call vote of 4 to 3, with Councilmen Hill, Titus and Wallace voting against it: BE IT RESOLVED by the Town Council of the Town of Leesburg , that the proposal submitted to the Town by Alan Warner and Patricia Weyland for an Antique Show on October 8, 1972 be accepted if the following conditions are made : (1) Upon payment of $225 .00, the Town will issue a permit for the holding of an Antique Show on October 8, 1972 ; (2) County health regulations be fulfilled in regard to food dispension and waste disposal. 1B4 MINUTES OF AUGUST 23 , 1972 MEETING . (3) Police prdection in the amount of two officers be ob- tained at the expense of the exhibitor. (4) This will not be held on the land owned by Mr. Cole . Mr. Forbes said he had no report for Council, other than everything is going well. He said Mr. Ritter had called yesterday to find out if all was going well while he is on vacation. with Councilman Wallace asked Mr. Forbes to check/Mr. Caldwell of the Telephone Company about moving the telephone lines on Dry Mill Road. Councilman Orr asked if they are going to leave the double poles. Mr. Chaves said he felt one was only temporary . Councilman Titus also said he believed the street should be repaired on Loudoun Street where a pole had been moved. Councilman Wallace also asked that something be done to have the owners of Dry Mill Subdivision, Section IIIA cut the weeds on the land. It was noted that the sewer easement across this land has not yet been negotiated. eP reoommended the hirin of Q Councilman Titus reported that the Planning Commission/txctu4Jt ca .-; planning consultant , Mr. Rosser Payne , Jr. of Warrenton. He will begin awork immediately and they will have their first work session on the comprehensive plan on the third Thursday in September. Mayor Rollins asked how much time it is anticipated this plan will take. Mr. Titus said he anticipates it will be over a year before it is done , it will cost the Town $6 ,000 for one day a month for a year. He also said he hoped Council will give the Planning Commission more money when it is necessary. He said Mr. Payne has suggested that we go through the Nor- thern Virginia Planning District Commission for financial or professional help and he couldn ' t see how they can refuse us . He was very enthusi- astic about this and will work with Mr. Forbes on writing a letter on this . • Mr. Titus said we authorized the Mayor to sign a contract on August 11th of last year on the Airport Master Plan. This was contingent upon a successful agreement• with the FAA, which was done in December of last year. The first phase was to be finished in 55 days, which would have been somewhereinFebruary and we have received absolutely nothing . Also, we had a water study due tonight, which is not here, and the plans on the Water Filtration Plant, whichnay get in October. He feels we should do something to get this work done . Council will give these people time in which to get this work done , but he thinks over a year is ridiculous . He asked for suggestions as to how to proceed with this . Councilman Wallace said he understands the first stage on the Airport Master Plan is right around the corner and he thinks it is up to his Committee to follow up on this . He asked Mr. Forbes to- check with the firm of Henningson, Durham and Richardson on the status of this Plan. On motion of Councilman Murray, seconded by Councilman Wallace, the following Ordinance was unanimously adopted : BE IT ORDAINED by the Town Council of the Town -of Leesburg, that Sec . 2-7 of the Town Code be amended to read: "There shall be a regular meeting of the council in the council chambers on the second and fourth Wednesdayin each month. " On motion of Councilman Wallace , seconded by Councilman Murray, the following Ordinance was unanimously adopted : BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec. 20-12 of the Town Code be repealed. Mr. Wallace explained that this has to do with the use of sidewalks and it isuponthe recommendation of Town Attorney Martin that it be repealed. There is a State Code provision requiring anyone using the sidewalk to obtain a permit and to furnish adequate insurance, with the Town named as additional insured. 182 MINUTES OF AUGUST 23 , 1972 MEETING. On motion of Councilman Murray, seconded by Councilman Pumphrey, the following resolution was proposed : BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town Manager be authorized to employ a Secretary- Clerk at a salary not to exceed $5 ,200 per annum, and• • BE IT FURTHER RESOLVED that, among other duties , this person shall also be Secretary to the Planning Commission, and Secre- tary to the Planning Director and Director of Public Works . On motion of Councilman Titus , seconded by Councilman Orr, the second paragraph, second line was amended to read "secretary for the Planning Commission, ". It was the general consensus of Council that shorthand also be a requirement and, on motion of Councilman Wallace, seconded by Councilman Titus , Council voted unanimously to further amend the above by adding, in the first paragraph, after "Secretary-Clerk" the words "with shorthand capabilities . " The resolution, as amended, was then unanimously adopted, reading as follows : BE IT RESOLVED by the Town Council of the Town.'of Leesburg, that the Town Manager be authorized to employ a Secretary- Clerk with shorthand capabilities at a salary not to exceed ' $5 ;200 per annum, and BE IT FURTHER RESOLVED that , among other duties , this person shall also be secretary for the Planning Commission, and Secre- tary to the Planning Director and Director of. Public Works . On motion of Councilman Wallace , seconded by Councilman Pumphrey, the following resolution was offered: BE IT RESOLVED by the Town Council of the Town of Leesburg, • that the following appropriations be made : $3,401. 19 - The Becker Corp. - Christmas Decorations . General Fund-Capital Outlay . 96 .00 - Dewberry , Nealon and Davis - Stakeout and Design on Market Street Sanitary Sewer. 1971 Bond Issue . 549. 10 - Dewberry , Nealon and Davis - Design, Drafting and Stakeout of Fisher-Bishop Storm Sewer. 1971 Bond Issue . 43 ,272 . 17 - Perry Engineering Co. - Est . #3. on Hospital Project. Councilman Wallace suggested that any revenues that might be realized from the Antique Show be earmarked for the Christmas Decorations. He also called attention to the appropriations being made to Dewberry, Nea- lon and Davis from the 1971 Bond Issue , pointing out that, when the bonds were sold, there were very specific projects spelled out, and it looks as though they are spending money out of this Bond Issue that was not intended, although it is under the same broad scope . He believes this Bond Issue should bethoroughly studied and called attention to the list of checks written out of this Bond Issue so far. It looks like they are getting close on the anticipated expenditures and spending money that they will probably have to borrow to pay off. The resolution above was then unanimously adopted. On motion of Councilman Pumphrey, seconded by Councilman Titus , the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to have C. E. Nance & . Sons install nine (9) inserting valves , at a cost of $10,096 .00. 8:3 MINUTES OF AUGUST 23 , 1972 MEETING. On motion of Councilman Wallace , seconded by Councilman Orr, the following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg , _ that the action of the Town Manager in investing $63 ,000 of the "Availability Account" in a Certificate of Deposit for a period of one year with North American Bank and Trust is hereby ratified. Councilman Wallace explained that the Town Treasurer is normally given the power to negotiate this type of transaction, so the Town Manager acted accordingly. However, our normal process is to send out for bids onrinvestment of funds . First National Bank-First Virginia 's bid was 5 . 5% and Peoples National Bank 's bid was 5 . 26 . The only conflict was in the fact that First National bid the same rate of interest as the rate at which the money had already been invested with North American Bank and Trust. We would, therefore, normally have split the invest- ment . However, had we drawn9'ehe money already invested,mmtx we would have lost the interest already accrued. He said he talked with Mr. Flowers of First National and he was agreeable to leave the money where VP it was at North American. The resolution above was then unanimously Q adopted. On motion of Councilman Wallace , seconded by Councilman Murray, and A there being no objection to considering this tonight , the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be instructed to solicit sealed bids , as are necessary and in his opinion required, from all banks located within the corporate limits of the Town of Leesburg for interest rates , all based on the same terms and conditions, o on savings accounts, certificates of deposit or other forms of interest-bearing obligations . Said bids are to be opened by the Finance Committee at its next regular meeting or special 111 meeting, and BE IT FURTHER RESOLVED that , if two or more banks offer the same interest rate , then the total -amount offered for invest- ment will be split between those two or more banks , and BE IT FURTHER RESOLVED, that the Town Manager be instructed- to forward a copy of this resolution to the four banks pres- ently located within the corporate limits of the Town of Lees- burg . On motion of Councilman Orr, seconded by Councilman Titus , the fol- lowing resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be and he is hereby authorized and di- rected to deliver to the Loudoun County Planning Commission a copy of the following Amendments to the Leesburg Subdivi- sion Ordinance for the Commission ' s consideration, in accordance with the requirements of Title 15 . 1, Chapter 11, Article 7 , Section 15 . 1-467 of the 1950 Code of Virginia , as amended: Amend Section III "Design Standards and Requirements . " A. Streets and Alleys - 5 (b) by deleting the second paragraph and inserting in place thereof the following: "When a subdivision abuts one side of any public street which is in the state highway system and/or maintained by the Town of Leesburg or which is proposed by the com- prehensive plans of the Town of Leesburg or Loudoun County, the subdivider shall be required to dedicate one -half of the right-of-way necessary to make said street conform to said comprehensive plans ; in addition, the subdivider may be re- quired to dedicate more than one-half, including the full width of right-of-way necessary to make horizontal and ver- tical adjustments to such street . MINUTES OF AUGUST 23 , 1972 MEETING. Amend Section IV "Physical Improvements or Facilities . " A. Improvements or Facilities Required. Add at the end of Paragraph 2 . the following : "Such improvements shall be in conformance with the current design and construction standards of the Town of Leesburg. " Add the following immediately after the above amendment to Paragraph 2 . "2 . 1 When a subdivision abuts one side of any public street which is in the state highway system and/or maintained by the Town of Leesburg , the subdivider shall be required to construct street improvements , storm drainage facilities , pavement , curb and gutter, and sidewalk on the one-half of said existing streets abutting said subdivision as may be required by the Director of Public Works of the Town of Lees- burg . Such facilities shall be constructed in all subdivisions in the Town of Leesburg 's subdivision jurisdiction in the County of Loudoun where any parcel or parcels subdivided will be one acre or less , the foregoing requirement may be waived by the Planning Commission of the Town of Leesburg . " Amend Section II ,B. by deleting the first sentence in ' the last . Paragraph and inserting in place thereof the following : 'The original drawing and four blue-line prints of the Final Plat shall be submitted to the Secretary of the Planning Com- mission at least two weeks prior to a regularly scheduled meeting of the Commission for checking of adequacy, and by him to the Planning Commission for approval. " Mayor Rollins said he is of the opinion that a soil analysis should be taken on the streets that the Town Forces scarify and rebuild, as well as those built by the developers . Mr . Forbes said that an analysis was done on S. Wirt Street today . Councilman Pumphrey asked that the Town Forces borrow and use a fire hose to wash out the drain pipe under Route 7 in front of the Reynold ' s residence . Apparently water has to get 6 to 8 inches deep before it will go out . Mr. Forbes said he would see that this is done . There being no further business, the meeting was adjourned at 8 : 50 P.M. 4? a frs: Mayor 4-ce-4 Clerk of He Council