HomeMy Public PortalAbout1976_02_11 :.i t' :fie
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, FEBRUARY 11 , 245
1976.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on
February 11 , 1976 at 7 : 30 P.M. The meeting was called to order by
the Mayor, with the invocation being given by Councilman Chamblin,
and followed with the Salute to the Flag. Present were: Mayor G.
Dewey Hill , Councilmen Charles E. Bange, James H. Chamblin, Mary
Anne Newman, Robert A. Orr, James A. Rock and C. Terry Titus ; also,
Town Manager John Niccolls and Town Attorney George M. Martin.
The Minutes of January 14, 1976 were approved as written.
Councilman Rock corrected the Minutes of January 28, 1976 on Page
236, bottom of the page, to read: "the following resolution was
' taken from the table. ' " These minutes were then approved as cor-
rected. The Minutes of a special meeting of February 9, 1976 were
approved as written.
Councilman Rock called attention to an article concerning popu-
lation growth in terms of fertility and expected growth in the coun-
try. The decline in births has been holding steady for about the
last ten (10) years and the country is approaching a population over
the next twenty (20) years smaller than that born in the depression
years. This has serious implications for funding any type of bond-
ing, and interest rates would be substantially higher.
76-0-2 - Ordinance - Waiver of Bingo and Raffle Permit Fees.
On motion of Councilman Orr, seconded by Councilman Rock, the
following ordinance was proposed:
BE IT ORDAINED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I. That Section 3-41 of the Town Code is hereby
amended to read as follows :
Sec. 3-41 . Fee.
The fee for a permit required by this division
shall be $25.00, payable annually, in advance, pro-
vided, however, there shall be no fee charged for
any authorized permit issued to any organization
listed in Section 3-40 whose principal and essential
activities are located within the county.
SECTION II . An emergency exists and this Ordinance
shall be enforced from its passage and shall not be
published.
Councilman Rock asked if this was meant to include door to door
solicitation for contributions for such things as epilepsy, cancer,
etc. He was advised that this is included in another chapter of
the Code. The Ordinance was then unanimously adopted, as shown:
Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus
and Mayor Hill .
Nay: None.
On motion of Councilman Bange, seconded by Councilman Rock
(for discussion purposes only) , the following resolution was pro-
posed:
BE IT RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
That the requirements of Section 9A-5-3. 4 of the Leesburg
Zoning Ordinance be and they are hereby waived for South-
land Corporation on Evergreen Mill Road (State Route #621) .
Councilman Bange explained that the Zoning Ordinance requires curb
and gutter along this property, however, the Highway Department pro-
poses to relocate this portion of Route 621 . This was discussed,
with Town Attorney Martin pointing out that this is in the Town
AI,
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MINUTES OF FEBRUARY 11, 1976 MEETING.
246
limits and the road would have to be vacated by the Town. Council-
man Titus felt that this project should be bonded until such time as
the road is vacated and, if not done, then the developer would be
responsible for curb and gutter construction. Mr. Niccolls sug-
gested tabling this matter until bonding amounts are determined -
it would be unreasonable to ask the developer to bond for a period
of ten years . On motion of Councilman Titus, seconded by Council-
man Orr, Council voted unanimously, as shown, to table this reso-
lution until the next meeting or until such time as this is clari-
fied:
Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus
and Mayor Hill .
Nay: None.
76-25 - Resolution - Contract for Inspection of New Water Tank
On motion of Councilman Titus, seconded by Councilman Newman,
the following resolution was proposed:
BE IT RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
That the Manager is hereby authorized and directed to enter
into an agreement, in a form approved by the Town Attorney,
in an amount not to exceed $2, 000. 00, with Law Engineering
Testing Company, 7913 Westpark Drive, McLean, Virginia -
22101 , for inspection services and radiographic film in-
terpretation for the 1 . 5 MG elevated water tank and concrete
foundation, HUD Project WS-VA-79-Contract W-III-73.
After explanation by Mr. Niccolls, the resolution was unanimously
adopted, as shown:
Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus
and Mayor Hill .
Nay: None.
On motion of Councilman Newman, seconded by Councilman Titus,
the following resolution was proposed:
BE IT RESOLVED by the Council of the Town of Leesburg, Vir-
ginia, as follows :
That the Town Attorney is authorized and directed to enter
an Order in the Circuit Court for Loudoun County in Case
At Law No. 4704, Town of Leesburg v. Hakim Associates, dis-
missing the proceeding as to property and rights sought
and authorizing $1, 250. 00 as reasonable attorney' s fees,
pursuant to Sec. 25-46. 34 of the Code of Virginia.
There followed lengthy discussion concerning the amount of this fee,
with Town Attorney Martin explaining the alternatives in this case.
The resolution was then unanimously defeated, as shown:
Aye: None.
Nay: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus
and Mayor Hill .
76-26 - Resolution - Town of Leesburg v. Hakim Associates
On motion of Councilman Chamblin, seconded by Councilman Titus ,
the following resolution was proposed and unanimously adopted:
WHEREAS, the Council is in agreement with the contents of
the Order submitted by Mr. Stephen W. Pournaras, Attorney
for Defendant in the case of Town of Leesburg v. Hakim
Associates, with the exception of the amount of costs to
be paid to the Defendant:
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town
of Leesburg, Virginia, as follows :
MINUTES OF FEBRUARY 11 , 1976 MEETING.
That the Town Attorney is hereby directed to move the
Circuit Court for Loudoun County for a determination
of reasonable costs due the Defendant upon dismissal
of this proceeding.
Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus
and Mayor Hill .
Nay: None.
76-27 - Resolution - Terms of Employment for Town Manager
On motion of Councilman Rock, seconded by Councilman Or the
following resolution was proposed:
WHEREAS, this Council has by resolution adopted December 29,
1975 employed and established the salary of John Niccolls
as Town Manager; and
WHEREAS, other terms of employment were agreed to by this
Council to apply to the Manager;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of Lees-
burg, Virginia, as follows :
SECTION I . The Town shall pay the reasonable and necessary
expenses of the manager for his relocation from Englewood,
Ohio, to Leesburg, including moving of household goods,
personal transportation and temporary lodging.
SECTION II. The Town will provide through appropriations
for the manager' s membership in the International and
Virginia City Management Associations and appropriate funds
for his attendance at the associations ' annual conferences.
SECTION III. In the event the manager' s employment is ter-
minated by Council during such time that the manager is
willing to perform the duties of manager, then in that
event the manager shall receive as severance pay a lump
sum cash payment equal to one-fourth of his yearly compen-
sation. However, in the event the manager' s employment
is terminated because of his conviction for any illegal
act involving personal gain to him, then, in that event,
no such severance pay shall be paid. In the event Council
at any time reduces the compensation or other benefits of
the manager in a greater percentage than an across-the-
board reduction for all Town employees, or in the event
the manager resigns following a suggestion, whether formal
or informal, by a majority of Council duly assembled, that
he resign, then in that event the manager may, at his op-
tion, be deemed to be terminated at the date of such re-
duction or suggestion within the meaning and intent of this
severance pay provision.
SECTION IV. The manager' s duties require the use at all
times of an automobile provided to him by the Town. The
Town shall be responsible for providing adequate liability
and comprehensive insurance and for the purchase, operation,
maintenance and repair of such automobile.
SECTION V. Prevailing policies with respect to leaves shall
apply to the manager except that he shall be eligible for
three weeks vacation after two years employment.
SECTION VI. Except as may be provided hereafter, prevail-
ing life, disability and health insurance policies paid
by the Town for regular employees shall be provided the
manager.
After brief discussion, the resolution was unanimously adopted, as
shown:
Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus
and Mayor Hill .
Nay: None.
248 MINUTES OF FEBRUARY 11, 1976 MEETING.
76-28 - Resolution - Assistant to the Town Manager (Personnel
Manual Amendment)
On motion of Councilman Rock (for discussion purposes) , sec-
onded by Councilman Newman, the following resolution was proposed:
BE IT RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
That position classification for the Deputy Town Manager
shown on Page 7 of the Personnel Manual is hereby amended
to read as follows:
Grade 14
DEPUTY TOWN MANAGER
GENERAL DUTIES:
Acts as staff assistant to the Manager in the ad-
ministration of the Town and related duties as required
by the Manager.
DISTINGUISHING FEATURES:
Has the maturity and judgment to advise the Manager
and to carry out assigned tasks under the Manager' s gene-
ral direction.
MINIMUM REQUIREMENTS:
College degree in a field related to public adminis-
tration (e.g. public admin/govt . , city planning, indus-
trial mgt. , etc. ) , plus graduate or professional training
in a related field (or equivalent experience) .
REPRESENTATIVE EXAMPLES OF TASKS : ( Illustration only)
Assists in preparation of annual budget submission;
maintains a continuing awareness of policy implications
of operating problems, has the ability to investigate,
analyze and recommend solutions to problems ; assists
Manager in making policy and planning studies for Council ;
consults and assists department directors on operations ;
recommends organization and manpower changes to Manager;
handles public inquiries or complaints; performs special
studies at the direction of Manager; may be assigned staff
personnel duties.
On motion of Councilman Rock, seconded by Councilman Titus (for dis-
cussion purposes) , Council voted unanimously, as shown, to amend
the title of the position to read "Assistant to the Town Manager" :
Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus
and Mayor Hill .
Nay: None.
There followed questions concerning the Representative Examples
of Tasks by Councilman Rock, with Mr. Niccolls supplying the answers.
These are recorded on a tape of the proceedings of this meeting.
The resolution, as amended, was then unanimously adopted, as shown:
Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus
and Mayor Hill .
Nay: None.
On motion of Councilman Newman, seconded by Councilman Orr, the
following resolution was proposed:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows :
That the Manager is hereby authorized and directed to
enter into a lease agreement, on behalf of the Town, in
a form approved by the Town Attorney, with Robert B. Harris,
MINUTES OF FEBRUARY 11 , 1976 MEETING.
Attorney at Law, P. 0. Box 188, Leesburg, Virginia 22075,
for the lease of 1 , 326 square feet of office space in the
Commonwealth Building at 7 South Wirt Street, in accord-
ance with the May 13, 1975 proposal from Robert B. Harris,
at a total annual rent not to exceed $6, 960. 00.
There followed lengthy discussion concerning such a lease, with par-
ticular attention to insurance liability. There was also some dis-
cussion concerning the fact that the relocation of the Police Depart-
ment was to be considered by the Space Needs Committee under the
Comprehensive Plan, but nothing had been done on this. Councilman
Chamblin felt that such an agreement should be studied by the entire
Council. On motion of Councilman Rock, seconded by Councilman Chamb-
lin, this resolution was tabled until the next meeting, with the
lease to be distributed to all Council members . A vote on tabling
this resolution was as follows :
Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus
and Mayor Hill .
Nay: None.
76-29 - Resolution - Appropriations
On motion of Councilman Rock, seconded by Councilman Newman,
the following resolution was proposed and unanimously adopted, as
shown, after lengthy discussion:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows :
That the following appropriations are made for the fis-
cal year ending June 30, 1976:
$ 4, 800. 00 - Acct. No. 2010. 104 - Assistant to the Town
Manager
1 , 000. 00 - Acct. No. 2010. 801 - Town Manager-Office Equip.
4, 813. 00 - Acct. No. 10200. 806 - Shop Improvements
7 , 500. 00 - Acct. No. 10120. 815 - Utility Lines-Valve & fire
hydrant installation
18, 728. 91 - Acct . No. 10120. 818B- Utility Lines-Pumping equip.
& Automation of Wells
5, 000. 00 - Acct. No. 10310. 217 - Plant Div. -Maintenance of
Equipment & Buildings
7 , 789. 27 - Bond Fund - Water Transmission Main.
Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus
and Mayor Hill .
Nay: None.
Mr. Niccolls reported that the Deed of Dedication document for
the Tastee-Freez development was received today and is in the proc-
ess of being reviewed. A proposal for final acceptance will be
presented at the next Council meeting.
Councilman Titus felt that perhaps the Planning Commission should
issue a Commission Permit for the use of office space in the Common-
wealth Building, if it is found that one is necessary. This question
was raised by Town Attorney Martin.
Mayor Hill advised that he will not be a candidate for re-elec-
tion as Mayor of the Town of Leesburg in May.
Mayor Hill called attention to a communication from Senator
Canada concerning the "bottle" bill . Councilman Rock asked about
the County ' s lawsuit in thb regard, and was advised that Judge
Penn is still undecided. Councilman Titus felt that the Town' s
taxes to the County of Loudoun obviously show support to this
bill .
Mayor Hill also called attention to copy of correspondence to
Senator Waddell concerning legislation delegating authority to the
Board of Architectural Review to is'sue approvals within the Old and
Historic District, rather than delegating such authority to the
Council .
250
MINUTES OF FEBRUARY 11 , 1976 MEETING.
Mayor Hill asked Councilman Titus to chair the next portion of
this meeting, since he has made the statement that he will not vote
on items having to do with the Airport due to the fact that he has
a conflict. Councilman Titus assumed the Chair at this time.
76-30 - Resolution - TransAmerican Airports, Inc. in Default of Lease-
Town Attorne to Initiate Legal Proceedings to
ecover ossession of Airport Land.
On motion of Councilman Newman, seconded by Councilman Rock,
the following resolution was proposed:
WHEREAS, this Council on December 10, 1975 by resolution
gave notice to TransAmerican Airports, Inc. , as lessee,
assignee of Chantilly Aviation, Inc. , of its default in
the performance of certain covenants and agreements in
the lease agreement and allowing fifteen days for correc-
tion of specified failures by TransAmerican Airports , Inc. ;
and
WHEREAS, TransAmerican Airports, Inc. was given notice
that the Town would exercise its right under the lease
agreement to re-enter the premises and declare the lease
agreement and the tenancy created thereby terminated if
the specified failures were not corrected in the time al-
lowed; and
WHEREAS, TransAmerican Airports, Inc. has failed to correct
the deficiencies and perform in accordance with the cove-
nants and agreements in the lease agreement; and
WHEREAS, the Town Council has considered the contents of
a letter dated January 26, 1976 from Woodrow W. Turner, Jr. ,
attorney for TransAmerican Airports, Inc. , to the Honorable
G. Dewey Hill , Mayor, but finds that the items set forth
therein for possible settlement of this controversy are
unsatisfactory to the Council and contrary to the public
interest :
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Leesburg, Virginia, as follows :
Section I. That TransAmerican Airports, Inc. , as lessee,
assignee of Chantilly Aviation, Inc. be, and
hereby is declared to be in default of the
Amendment of Lease Agreement dated May 11 ,
1966 between the Town of Leesburg as Lessor
and TransAmerican Airports, Inc. as Lessee,
assignee of Chantilly Aviation, Inc.
Section II . That the Town Attorney is hereby authorized
and directed to initiate appropriate legal
proceedings to recover possession of the land
and tenements held over by TransAmerican Air-
ports, Inc.
Mayor Hill felt that it would be better to allow the Lessee six months
in which to either comply or sell his interests - in this way, the
Town would still have an operational airport. Otherwise, this matter
could be involved in litigation for a year and a half. Other Council
members felt that problems at the Airport have gone on long enough
and that action must be taken now. Councilman Orr called the ques-
tion, with all in favor except Mayor Hill. A vote on the resolution
was 5 to 1, with one abstention, as shown:
Aye: Councilman Bange, Chamblin, Newman, Orr and Rock.
Nay: Mayor Hill .
Abstention: Councilman Titus .
76-31 - Resolution - Receipt of Final Ai port Master Plan
On motion of Councilman Newman, seconded by Councilman Bange,
the following resolution was proposed:
MINUTES OF FEBRUARY 11 , 1976 MEETING.
WHEREAS, Henningson, Durham and Richardson, on September
17, 1975, presented the Final Master Plan for Godfrey
Field in accordance with an Agreement dated April 2, 1971 ;
and
WHEREAS, a public hearing was conducted on January 6, 1976,
during which persons gave testimony with respect to the
Final Master Plan:
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town
of Leesburg, Virginia, as follows :
Section I. That the Final Master Plan for Godfrey
Field dated September 17 , 1975 presented
by Henningson, Durham and Richardson,
Architects-Engineers, is hereby received
and filed with the records of the Town.
Section II. That specific improvement projects de-
scribed in the Master Plan report may be
considered at appropriate times in the
future by this Council, however, these
projects shall first be made public and
acted on only in public session, and be
it further understood that receipt of this
Plan does not in any way commit the Town
of Leesburg to implementation of the Plan
in whole or in part .
After some little discussion, the resolution was adopted by a vote
of 3 for, 2 against and 2 abstentions, as shown:
Aye: Councilmen Bange, Newman and Orr.
Nay: Councilmen Chamblin and Rock.
Abstentions: Councilman Titus and Mayor Hill .
Councilman Bange stated that this in no way indicates that the
Town will perform any construction at the Airport - it merely
receives and files the Master Plan. Councilman Titus was appalled
that the Council would make no decision on the Master Plan. Coun-
cilman Chamblin felt that this is "a cop-out, " it neither accepts
nor rejects the Master Plan. The people want a decision. He hoped
the Press understands the action of Council with regard to this
matter, as well as to the former resolution regarding TransAmerican
Airports. Councilman Titus felt that a meeting of the Council and
the Airport Advisory Committee is essential to get these matters
cleared up.
Mayor Pro-Tem Titus stated that the Public Works Committee and
the Finance Committee will temporarily be meeting as a body as a
whole in the future on Wednesdays following the regular meeting.
This meeting will be at 8:00 P.M.
Mayor Pro-Tem Titus asked if there has been any correspondence
or plan presented by the County concerning the storm sewer problem
at Church and North Streets . Mr. Niccolls said nothing has been
received.
On motion of Councilman Rock, seconded by Councilman Chamblin,
Council voted unanimously to go into executive session to discuss
a legal matter at 9: 37 P.M.
On motion of Mayor Hill , seconded by Councilman Chamblin,
Council reconvened at 9: 42 P.M. There was no action taken. On
motion of Councilman Orr, seconded by Councilman Chamblin, the meet-
ing was adjourned at 9: 43 P.M.
Mayor o- em
Clerk of t e Council .