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HomeMy Public PortalAbout1976_02_25 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, FEBRUARY 25, 197 -. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 40 West Loudoun Street, Leesburg, Virginia on February 25, 1976 at 7 : 30 P.M. The meeting was called to order by the Mayor, with Councilman Titus offering the invocation, and fol- lowed by the Salute to the Flag. Present were: Mayor G. Dewey Hill , Councilmen Charles E. Bange, James H. Chamblin, Mary Anne Newman, dRobert A. Orr, James A. Rock and C. Terry Titus ; also Town Manager John Niccolls and Town Attorney George M. Martin. The minutes of regular meeting of February 11 , 1976 were ap- proved as written. 76-0-3 - Ordinance - Amending Council Rules of Procedure. On motion of Councilman Rock, seconded by Councilman Bange, the following Ordinance was proposed and unanimously adopted, as shown: BE IT ORDAINED by the Council of the Town of Leesburg as follows : SECTION I . That Article II , Council Rules of Procedure of Chapter 2 of the Town Code is hereby amended to read ? as follows : ARTICLE II. COUNCIL RULES OF PROCEDURE. 5 Sec. 2-20. Time and Place of Regular Meetings . Council shall meet regularly at 7 : 30 P.M. the second and fourth Wednesday in each month in the Council chambers . Sec. 2-21 . Quorum; Procedure in absence of quorum. The majority of the members of council shall consti- “tute a quorum. ' Ifa quorum fails .to-exist, - the meeting •shall stand adjourned to a time and place -agreed upon by a majority of the members present. Sec. •2-22 . Special Meetings , limitation on business. The mayor, or a majority of the members of council, may callrspecial - meetings, •with proper 'notice to each mem- • .ber: The clerk shall record in the journal each councilmem- ber' s acknowledgment of the receipt of such notice. No business shall be transacted at a special meeting • of the council , except that for which it was called. Sec. 2-23. Journal of proceedings . The clerk shall keep a journal of the council 's pro- ceedings and shall read the minutes recorded in the journal at the next regular meeting of council -following -each regu- lar meeting and intervening special meetings, unless each member has previously been furnished a copy of such minutes . Council shall approve the minutes , : whi'ch shall be signed by the person presiding when the previous meeting adjourned or, if he be not then present, by the.:person_presiding when pre- sented. The name of each member voting and how he voted shall be recorded on the final votec.on :any :ordinance or reso- lution. Sec. 2-24. Special Committees. 2 - .,• . The mayor may :appointsuch special-committees of council asideemed:•desirable. : - • r _ ^-.:. _ :ezr :-rc n:. •, c, -nc_ :r ; Sec. 2925 . Application of Robert'.s Rules of Order. The provisions of Robert' s Rules of Order, Revised, shall govern the council in its meetings , except insofar as such provisions are inconsistent with law. 2. MINUTES OF FEBRUARY 25, 1976 MEETING. Sec. 2-26. Suspension of provisions of article. Any of the provisions of this Article may be 'suspended during any one session of the council by a vote of- two- thirds (2/3) of the members .of council! . Sec: 2-27 . Council workshops . The council shall meetiin workshop session at 8 : 00 P.M. on the first and third Wednesday- in each month in the muni- cipal offices, or at such other time and place as the- council shall determine. Such workshops shall be public but no ac- tion taken or minutes taken. - Sec. 2-28 . Order of business . The order of business at regular meetings shall be as follows : Invocation Salute to the flag Roll call Approval of minutes Petitioners Legislation Ordinances Resolutions Manager' s report • - . Mayor' s report Committee reports Old business New business •Adjournment - Whenever practicable, the agenda, communications, re- ports , recommendations, proposed ordinances and proposed reso- luttonsishall be distributed to members . of council five (5) days before regular meetings and twelve ( 12) hours before special meetings . Sec. 2-29. Votes . Upon the request of any .member, votesshallbe by roll call . The clerk, on roll call votes , shall call upon members in alphabetical order, with the mayor voting last. Sec. 2-30. Adoption of ordinances. (a) . Except as provided by law or in (d) below, every proposed ordinance, herein called "bills , " shall be fully and distinctly read upon introduction, prior to public hear- ing thereon and again prior to final passage, unless each member has been furnished a copy thereof at least twelve (12) hours previously, in which cased..t can be read by title only. A copy of every bill shall be delivered to each mem- ber of council prior to introduction. (b) After approval of the first reading of a bill, council shall set the time and place- for the second reading and public 'hearing thereon toibe held at least fifteen (15) days after the introduction. The clerk shall publish proper notice of the hearing, including the title and subject of the bill or its full text if council directs, at least seven (7) days before the hearing. (c) Bills may be amended at any time during consideration. Amendments to bills shall be fully and distinctly read prior to final passage of bills unless each member has been fur- nished a copy thereof at least twelve (12) hours previously. Substantive amendments , as determined by council, shall be treated as new bills. • ' MINUTES OF FEBRUARY 25, 1976 MEETING .. .. ( (d) . Bills may be passed on an. emergency basis with or without amendment at the same meeting introduced and no publication, hearing or specific time. interval between in- troduction and. passage shall be. necessary. If. council de- termines that a bill 'should be passed on an emergency basis, the emergency shall be declared in- one section and the ordinance shall be passed only with at least two-thirds (2/3) of the membership voting affirmatively. SECTION II . . That all prior ordinances. or resoltions in conflict herewith are hereby repealed. _ SECTION III . That an emergency e*ists and this ordinance shallbe in full force and effect from itspassage without publication, hearing or time interval between introduction and passage. Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill . Nay: None. 76-32 - Resolution _ Approving Performance Bond for Gulf Oil Company. On motion of Councilman Rock, seconded by Councilman Newman, Cr: the following resolution was proposed: WHEREAS, Gulf Oil Company has submitted to the Leesburg Planning Commission for approval a site plan showing a proposed service station to be located on its property fronting on East Market Street, and . WHEREAS, the said site .planishows certain proposed physi- cal improvements to the property required by the Leesburg Zoning :Ordinance; -and - - WHEREAS; ,Gulf : 0i1 :Company -has submitted .a _bond - in:.the :a- ' mount of $14, 042. 00 to guarantee installationof .the 'pro- posed improvements , and WHEREAS, the bond, together with its accompanying forms, has been approved by the Town Attorney, NOW, THEREFORE, BE IT RESOLVED by the' Counc_ il of the Town of Leesburg, Virginia, as .follows : . That Performance Bond #8068-3298 by Federal Insur- ance Company as :surety, and _Gulf Oil Company as -princi- pal , in the amount of $14, 042. 00, be :andithe same:isChere- by approved. Mr. John DeBell, engineer for Gulf Oil Company, explained that the site plan calls for removal of the existing building and construc- tion of •a self-service facility on the site - a small .building with a canopy: He explained that their certificate to..operate from the State expires March 1st andtthey woul-dolike to :get_sta•rted =as quickly as possible.. The resolution 'was adopted by a vote of 6 to 1 absten- tion, , as .,shown: . . . - Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock and 'Mayor iHill . . u Nay: None. Abstention:: - Councilman Titus.. . . 76-33 - Resolution - .RecognizingFire Department and Rescue Squad as part •of .ithe Safety Program of, the•rTown. On motion -of. Councilman Bange, seconded by: Councilman Orr, the following resolution was proposed .and .unanimously. adopted,-. as shown: BE IT :RESOLVED. by . the Council of the -Town -of :Leesburg, Virginia as follows : • MINUTES OF FEBRUARY. 25, 1976: MEETING:.- ,. _ - L. :i_Z That_ the 'Leesburg' Volunteer: Fire= Company.;: Inc. ' and the Loudoun County.Rescue 'Squad are: her.eby. tecognized' as: be- - ,ing a° part 'of .the! safety program: of .the:I:Town:.of:Leesburg within the meaning . ofr the Code: of_,Virginia; Section/18. 2-335. Aye.: Councilmen Banger: Chamblin; Newman; Or.r,_ Rockr, •Titus and Mayor Hill . ;Al Nay: None. On motion of Councilman Bange, - theifollowing. i•esolution was proposed: _ _ _n . r WHEREAS;. Wilson L:::Kirby of:William O'.rMclntosh .and- As- sociates, acting-: for Southland: Corporation in the: prepa- ration of a Site Plan for a 7-11 stole, did by letter- dated February 4, 1976 request a waiver of• the .construc- tion of curb and gutter along the west side of State Route 621 , and WHEREAS, the Leesburg Planning Commission considered the said request for recommendation to the Leesburg Town Council and determined' that plans have`.been: prepared-:byc:the Virginia Department of Highways for relocating Rt. 621 , and WHEREAS, the Leesburg - Planning Commission at a! regular meet- ing held on February 5, 1976 recommended to the Leesburg Town Council that the curb and gutter requirements be waived, • • NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of • Leesburg, Virginia, : as follows : : : ' • • That thecurb and .gutter: requirements: contained. in Section 9A-5-3.4 of the .Leesburg Zoning-Ordinance be and they are hereby waived for Southland Corporation:on: the west- side of Evergreen Mill Road (Rt. 621 ) southward from Rt. 15 for a • distance= of - 258: 17 :feet; in connection with thepreparation of- its' land-to 'accommodate a.7-11-'store:' . .". ' 'O --rr The:above resoiutienidiedcfor 'lack€-ofLa second: i:ci',r-e, :.L dlcd rt. .. 76-34 - Resolution - Authorizing extension- of Water. Suppl :.Financial Feasibility Study with Johnson and Williams. . • On motion of Councilman; Rock, ^seconded•_by Councilman Bange, the following resolution was proposed: - ' :c 0 . _ BE IT: RESOLVED by the Council• of' the..Town of Leesburg, Vir- ginia, as follows : • That the Manager is hereby authorized and directed-to enter into a contract in a form approved by the -Tewn 'Attorriey with Johnson and Williams ; :Consulting_ Enginers; 800=Foll'in Lane, • - . S. ..E. , Vienna, Virginia - 22180, for extension of the ' water supply -financial feasibility study previously authorized in accordance with a proposal dated February 10; 197.6' at a cost not to exceed $5,'000:00icincluding-work conducted on the financial feasibility study on the Potomac" River-Water Supply Project and the additional work authorized herein. r _ _ There was considerable discussion concerning this contract, with par- ticular attention to the time frame allowed for this work. The reso- lution was adopted by a vote of 5 to 2, as shown: Aye:: Councilmen 'Bange,= Chamblin;.:Newman, :Orr arid' Mayor Hill. Nay: Councilmen Rock:and Titus. ' r` Councilman Titus suggested that a -copy of this resolution be sent to Mr. Henry :Burt of -Daniel A. Robinson -and Associates for information. 76-35 - Resolution .- Accepting Deed of Dedication"by 'Tastee-Freez. On motion of Councilmann BBar3gee seconded by Councilman Titus, the following resolution a9 n sly adopted, as shown: . 4 f ^ • MINUTES OF FEBRUARY 25, 1976 MEETING; 5 BE. IT RESOLVED by the Council of the Town of Leesburg, Virginia,, as ,follows : • . That the Deed of Dedication made the 9th day of February, 1976, by and between Tastee-Freez of Loudoun' and Clarke, Inc. and the Town of Leesburg is hereby accepted and the Mayor is authorized to acknowledge the same on behalf of the Town. - Aye: Councilmen Bange, Chamblin, Newman, Orr, . Rock, Titus • and .Mayor Hill . - . Nay: None. _ On motion of Councilman Bange, seconded -by CouncilmanNewman, 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 this Council , a copy of which. is on file in the office of the Clerk 'of Council , with^Robert 'B. Harris, O Trustee for Commonwealth Building, P. 0. Box 188, Leesburg, Virginia - 22075, for the lease of -1 , 326 square feet of p office space in the Commonwealth Building at 7 South Wirt Street, .•in the Town of Leesburg, at a total annual rent C: not to exceed $6, 960. 00. ' There followed lengthy discussion, with Councilman Rock being very strongly opposed to second floor offices for.:the_ Police Department in light- of the .amount of foot .traffic in and out of these offices. This discussion led to the possibilities of restructuring the exist- ing town -offices-to meet the needs for,the next ,five:years: 76-36 - Resolution - Re Proposed Space for Police D yartment and . - Plans for Restructuring. the _existing Town ' Offices> . • On motion of Councilman Rock, seconded by Councilman Titus, the following 'resolution was proposed: BE >IT RESOLVEDLby-lthe -Council--of the Jown of- Leesburg, Virginia, as :foll•ows : SECTION I. "That -this be tabled until the meeting of • May 26th. .. . SECTION II. That the Town Manager be directed . to pre- pare such plans and proposals for restructuring .and making adequate the existing Town Office ' Building, *such plans, proposals and costs to be presented to the council -not later than its work session of May 5, 1976. Councilman• Orr.•was•,in favor of this ,• with the provision -that no funds-will• be expended to.-bring in •a specialist to ,design this office space. Mr. Niccolls felt that there is talent within the office •personnel 'and..he?will •make_use.-of this talent: . The vote on the-above -resolution was 5 to -2 -.abstentions; -as - shown: Aye: -Councilmen Bange;- Orr, Newman, Rock and Titus. Abs: Ni . Abstention: Councilman Chamblin and Mayor Hill. 76-0-4 •-- Ordinance.- Authorizing - Sale of -London Property. BE IT ORDAINED by the Council of the -Town of Leesburg, Vir- _ ginia,, as follows: SECTION I . That the sale of that certain tract or parcel of land, improved,-by...a structure-in,poor. repair,- situate . on the north side of Loudoun _Street, radjoining the lands 6 MINUTES OF FEBRUARY 25, 1976 MEETING. - - - of C. Herbert Pearson on the east and other lands of the Town of Leesburg on the west, containing approximately 2, 320 :- squarefeet, _with approximately 28 . 96 feet frontage on Loud- oun Street and with a depthlof 80 feet, said property is a • portion of the land' acquired' from Harfy London, et ux by deed recorded in Deed Book 580;Page 506, in the Clerk' s Office for Loudoun County,"'Virginia;'' to' C. - Herbert Pearson and Shirley V. Pearson for the sum of $20, 000.00 isliereby ratified and confirmed and the Mayor is hereby authorized and directed to authenticate such- instrument required to effect the sale for and on behalf -of the town, provided, however, the following conditions are met: - - (A)' The sale is made' with the restriction that any structural change must be approved by the Board of-Architectural Review for the Town of Leesburg, in accordance with ap- plicable regulations for property in the old and historic district. (B) ' Settlement shall be made within 30 days from the date of the -auction, or the deposit will be forfeited, unless the-town faits •to present 'its•properly "executedTdeed -within• 10 days •of" the auction. 3 (C). -The-town will provide a lit of tenants and- rents are to be- prorated. The town agrees to notify all tenants if- the- sale is consummated and'shall"provide the buyer all written leases and/or -the terms of-the oral - leases of said property for review prior to closing. - . -(D) -TheJtown- is - to pay. the "grantot"s -tax- and -any-town' and county real estate taxes through the- date- of closing. L (E) The risk .of losses to the structures are to be borne by the town until date of closing. • SECTION. II . That an emergency is: declared and this ordi- . nance shall be in full force and effect from and after its .passage. • Councilman Rock questioned whatWould -happen to- the terms of the sale should this not be adopted because of the "emergency" provi- sion. • This was discussed briefly, -with- Mr:; Niccolls advising that the rule on the sale of property requires a two-thirds vote. On motion of Councilman Orr, seconded by. Councilman Rock, Council voted unanimously to - call - the question: -The ordinance was then adopted by a vote of 6 to 1 abstention, as shown: • • Aye: Councilmen Bange, Newman, Ofr; Rock, Titus and Mayor Hill . Nay: None. - - Abstention: Councilman Chamblin: : - - Council then discussed the feasibility of demolishing .the struc- tures adjacent to the one just purchased by Mr. Pearson in order to put in the proposed alley -from Market Street to Loudoun Street. Mr. Pearson offered to take down the 25-foot section immediately ad- jacentfto his property. He also asked if -Council would consider selling him an' additional 15 feet in the rear of the London property and, if so, _what price the Town would want. It was decided that both of -these items will be discussed in Workshop'Sessidn. 76-377 -Resolution - Appreciation"to -E: Wesley Devero On motion of Councilman Bange, sedonded -by Councilman Orr, the following resolution was proposed and unanimously adopted, as shown: WHEREAS, E. Wesley Devero resigned as an employee of the Town of Leesburg on- February 6, 1976; and WHEREAS, 'Mt. Devero served the Town of Leesburg as Deputy Town Manager- from-February 5, 1974 to February 16, 1975, and as Acting Town Manager from February 17 ,1975 to January 31, 1976; and MINUTES OF FEBRUARY 25, 1976. • �1 WHEREAS., Mr. .Devero has faithfully carried out his duties and is to be. highly commended for his honesty, sincerity and high regard for his sense of obligation toward his duties ; _ • NOW, THEREFORE, BE IT RESOLVED, that the Mayor,- Members of the Town Council and all of the Administrative Staff for the Town of Leesburg wish to express their- sincere thanks to Mr. - Devero for a job well done, and wish for him a future filled with' happiness and success ; and BE IT FURTHER RESOLVED, that a copy of this resolution be sent by the Clerk of the Council to E. Wesley Devero. Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill. Nay: None. 76-38 - Resolution - Designating Town Manager to represent Town in dealings with EPA under Public Law 92-500. On motion of Councilman Newman, seconded by Councilman Orr, the following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : - That JohnNiccolls, • Town Manager, is hereby designated to represent the Town of Leesburg in dealings with. the .United States Environmental Protection Agency in matters - related to applications for Federal assistance under Public Law 92-500. Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill . Nay: None. 76-39 - Resolution - Appropriations . On motion of Councilman Orr, seconded by Councilman Bange, the following resolution was proposed: BE IT RESOLVED- by the Town Council of the Town .of Leesburg, Virginia, as follows : That the following appropriations are made for -the fiscal year ending June 30, 1976 : $3, 464. 99 Acct. No. 1011 . 209 Codification 5, 000. 00 Acct. No. 10120. 263 Professional Services 8, 023. 75 Acct. No. 10120. 265 Capitalization of 'Utility Plant:Assets 3;00000 Acct. No. 10120. 814 W. W. Turner, Jr. , _Trustee - Land Acquisition 4, 601 . 39 Acct. No. 10120. 817 Infiltration Abatement 2, 561 . 51 Acct. No. 2010. 250 Town Manager - Moving Expenses • t Councilman Rock stated that he would vote against this- resolution be- cause he; objects to - the $5, 000. 00 for Professional- Services. Coun- cilman Orr asked that each item be voted on separately. . Therefore, on motion of Mayor Hill , seconded by Councilman Bange, all of the following. items were voted on individually, with- the vote. being given below:. .. . $3, 464. 99 Acct. No. 1011 . 209 Codification Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill . Nay: None. • $5, 000. 001 - Acct . No. 10120. 263 Professional Services Aye: Councilmen Bange, Chamblin, Newman and Mayor Hill . Nay: Councilmen Orr, Rock and Titus . 8 MINUTES OF FEBRUARY 25, 1976 MEETING. $81;023. 75 Acct: N6. ' 10120.265 "Capitalization of Utility Plant. Assets Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill . Nay: None. $3;000. 00 "Acct`. No. 10120. 814 . W. W. Turner, Jr. , Trustee - Land Acquisition Aye: Councilmen Bange, Chamblin, Newman, . Orr, Rock, Titus and 'Mayor Hill .' ' • Nay: None: $4; 601 . 39 Acct. No. 10120. 817 Infiltration. Abatement Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill . _ Nay: .:None. $2, 561 . 51 Acct. No. 2010. 250 Town Manager - .Moving Expenses Aye: CouncilmeBaige,'•Chamblin, ;' "rr Newman0 , - n Rock, - Titus and Mayor Hill . Nay: None. Town Manager Niccolls reported that he has received a copy of• - alletter from Mr. Turner refusing, on behalf of his client, to sur- ; • render• the 'Ai'rport'property' as'- requested •by the Town: In addition, he= has received from Town Attorney;Martin' a copy of' the lawsuit to be Med.- in t -le Circuit: Court' tomorrow concerning 'recovery 'of this property. • There was discussion concerning a report on the Sewage Treat- ment Plant capacity, this report having been-submitted by Mr. Nic- cols . It was the feeling of Council that this report be circu- lated in the Town Office and that the Press should also :receive a copy of it. • • Mayor Hill read a letter of resignation from Councilman Rock as a member of the Airport Advisory Committee. He accepted -this resignation and' said this Committee' will be discussed at the Work- shop Session of Council . `Councilman Chamblin 'asked if the Board Of 'Supervisors, COG; NVPDC, etc. have been notified of Council action concerning the Air- port Master Plan. Mr. Niccolls advised that this has been done. Mr.. Chamblinalso asked if the _ 7-11 matter will •be brought up again. Mayor Hill said not unless somebody•wants to - revive it. Mr. •Leland' Mahan, attorney, reported on the status .of the Town' s right in an easement across the John S. Paul property on Wirt Street. He reported that the Town may not have, lost• its legal easement over this property. There was considerable discussion concerning this matter, with Mr: Mahan stating that the proper procedure would be for the Town to quitclaim the property. On motion of Councilman Rock, seconded by Councilman Orr, the following resolution was . proposed: ' 76-40 - Resolution - Directing Town Manager to have prepared the proper papers for conveyance of easement . across the John S. Paul property. _ I • • BE IT RESOLVED by the Council of the .Town of Leesburg, Virginia, -as follows : SECTION I . That the Town Manager be directed to have pre- pared the proper papers for conveying the easement across the John S. Paul property on Wirt Street to' John S. - Paul, et ux. - • 9 MINUTES OF FEBRUARY 25, 1976 MEETING. SECTION II . That John S. Paul, et ux pay the attorney' s fees involved in this procedure. Aye: Councilmen Bange, Newman, Orr, Rock and Mayor Hill. Nay: None. Abstentions : Councilmen Chamblin and Titus . Councilman Orr left the meeting at this time. Mr. Mahan also reported on the McVay condemnation case. He felt that the only remaining question is compensation for the value of the land the Town is taking and possible remQirieration for any damage to the residue. He has engaged the services of three (3) appraisers . Mayor Hill aslelthat he meet with Council when the case is pretty well set. 76-41 - Resolution - Mayor to represent Council at County' s Public Hearing on block grants . On motion of Councilman Titus , seconded by Councilman Roclf, the following resolution was proposed: BE IT RESOLVED by the Council of the Town of Leesburg., Vir- ginia, as follows : That the Mayor represent the Town Council at the Loudoun County Public Hearing regarding the community development 1^ block grants and express the Town' s opinion regarding those — grants . There was discussion on this matter, with the Council feeling that Mayor Hill should make it known that the Town would like' to apply for its percentage of the block grants . The resolution was then adopted by a vote of 5 to 1 abstention: Councilmen Bange, Newman, Chamblin, Rock, and :Titus. S Nay: None. Abstention: Mayor Hill . On motion of Councilman Rock, seconded by Councilman Bange, the meeting was adjourned at 9 : 37 P.M. Mayor t/ i> - `64 Clerko t Council