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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 An emergency exists and this Ordinance shall be enforced from its passage and shall not be published.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, W . ! ! 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 .