HomeMy Public PortalAbout1976_03_10 10
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 10, 1976.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers, 10 West Loudoun' Street, Leesburg;• Virginia on
March 10, 1976 at 7 : 30 P.M. The meeting was called to order by the
Mayor, with Councilman Bange offering the invocation; and followed
by the Salute to the Flag. Present were: Mayor O. 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. regular meeting of February 25, 1976 .were approved
as written.
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76-0-5 - Ordinance - -Authorizing the sale of certain property.
On motion of Councilman Rock, seconded by Councilman Newman,
the following Ordinance was proposed and adopted by a vote of 6 to
1 abstention, as shown, -
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, adjoining the lands. of. C., Herbert Pearsonon the
east and south and other lands of the Town of Leesburg on
the north and west, containing approximately 446 square
feet, to C. Herbert Pearson and Shirley V. Pearson, his
wife, for the sum of $2, 676. 00 is hereby ratified and
confirmed and . the Mayor isihereby authorized and directed
to authenticate such instruments required to effect the
sale for and on behalf of the town, said property is a
portion' of the land Acquired froth Harry':London, et ux, by
deed- recorded in Deed Book 580, 1page 506, in the Clerk' s
Office. for Loudoun County;: .Virginia, . and more particularly
described as follows :
BEGINNING at a point in the original east -line of• the
property of the Town of Leesburg, as same appears on a
survey by Robert K. Wilson, Certified Land Surveyor of
the W. B. Caviness Estate dated September 3, 1955, said
point bears N 26 ° 20' 10" E - 80. 00 feet along said east
line from the original southeast corner of said survey; :
thence departing from said original east line and running
through the property as shown on said suryey N 63° 33' 00"
W - 29. 65 feet to a point in the original west line as
shown on said survey, said west line being common with the
former Cecilia Dunn Estate, now in the name of the Town of
Leesburg; thence running along a portion of said original
west line N 25° 50' 30" E - 15.00 feet to a point; thence
departing from said original west line and running through
the property as shown on said survey S 63° 33' 00 E - . 29 . 78
feet to a point in the aforementioned original east line, said
original east line being a line common to the herein de-
scribed tract and the property of C. Herbert Pearson; thence
running along a portion of said original east line S 26 ° 20'
10" W - 15.00 feet to the point of beginning, containing
446 square feet of;land.
SECTION II . That an emergency is declared and this ordi-
nance shall be in full force and effect from and after its
passage.
Aye: Councilmen Bange, Newman, Orr, Rock, Titus and Mayor
Hill .
Nay: None
Abstention: Councilman Chamblin.
76-42 - Resolution - Adopting and implementing Phase I, Town Office
Remodeling Project? of a Two-Phase Program for
Development of Municipal Offices.
On motion of Councilman Rock, seconded by Councilman Newman,
the following resolution was proposed:
'4 IP �,; !
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MINUTES OF MARCH 10, 1976 MEETING. 11
WHEREAS, this Council, recognizing the need for adequate
Town government facilities, caused preparation pf a gene-
ral. plan for development of permanent municipal offices ;
and
WHEREAS, Phase I of the plan calls for remodeling and re-
furnishing the present municipal offices at 15 West Market
Street at a cost of up to $143, 650. 00, including certain
site. improvements , parking areas and landscaping; and
WHEREAS, Phase II of the plan calls for construction of a
two-story addition to the north of the existing structure
at 15 West Market for Council Chambers and additional of-
fices by 1980:
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town
of Leesburg, as follows :
SECTION I . That the general plan for development of
permanent municipal offices described in
a memorandum from the Town Manager dated
March 5, 1976 is hereby approved.
SECTION II . That the Manager is authorized and directed
to cause implementation of Phase I of the
plan in accordance with the following guide-
lines :
(a) The general plan shall be referred to the
Planning Commission for review as provided by
'Section 15. 1-456 of the Code of Virginia, and
be reviewed by the Governmental Space Needs
Committee.
(b) The Manager shall by April 1, 1976 recom-
mend selection of an architect to provide ser-
i' _ _ vices necessary for the preparation of plans,
specifications and contract documents for
Phase I of the program.
(c) That total project costs for Phase I shall
not exceed $143, 650 to be paid from General and
Utility Funds appropriations to be made 'for FY
1976-77 .
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Town Manager Niccolls explained in detail the proposed schematic
design of the present building, as well as the advantages of using
the existing building. There was extensive discussion concerning _
estimated costs and whether or not funds are available for this
project at this time. On motion of Councilman Titus, seconded by
Councilman Orr, Paragraph (a) was amended, by unanimous vote, to de-
lete the-words following "-Virginia" and add if necessary. " Para-
graph (a) thus reads as follows :
(a) The general plan shall be referred to the Planning
Commission for review as provided by Section 15. 1-456
of the Code of Virginia if necessary.
The resolution, as amended, was then unanimously adopted, as shown:
Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus
and Mayor Hill .
Nay: None..
76-43 - Resolution - Authorizing Agreement with Bengtson-DeBell,
Inc. for onsulting. Services on .Town Branch
Storm Drainage Improvements.
On motion of Councilman Newman, seconded by Councilman Rock,
the following resolution was proposed:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows :
1, )1E. MINUTES OF MARCH 10, 1976 MEETING.
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That the Manager is hereby authorized and directed to enter
into an agreement in a form approved by the Town Attorney
forconsulting engineering services for the design and con-
struction of Phase I and Phase II of storm drainage• improve-
ments on Town Branch and North Fork of Town Branch as de-
scribed in a proposal for such services No. 76-51 , dated
February 20, 1976, with Bengtson-DeBell , Inc. , Consulting
Engineers , 13924 Braddock Road, Centreville, Virginia -
22020, at a cost not to exceed $16, 000 for design services
and $3, 000 for construction services and a total cost not
to exceed $19, 000.
Mr. Niccolls pointed out that there was a great deal of interest
in Phase III of this project at the workshop, however, this is not
included in this resolution. Council discussed this, with Council-
man Titus pointing out that the Town already has plans for Phase III -
all that is needed is to up-date these plans. On motion of Council-
man Titus, seconded by Councilman Bange, Council voted unanimously
to include Phase III , thus changing the costs to $18, 000 for design
services, $5, 500 for construction services, with a total cost not
to exceed $23, 500. The resolution, as amended, was then unani-
mously adopted, as shown, and reads as follows:
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 an agreement in a form approved by the Town Attorney
for consulting engineering services for the design and con-
struction of Phase I, Phase II and Phase III of storm
drainage improvements on Town BranchandNorth Fork of
Town Branch as described in a proposal for such services
No. 76-51 , dated February 20, 1976, with Bengtson-DeBell ,
Inc. , Consulting Engineers, 13924 Braddock Road, Centre-
ville, Virginia - 22020, at a cost not to exceed $18, 000
for design services and $5, 500 for construction services
and a total cost not to exceed $23, 500. 11Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus
and Mayor Hill .
Nay: None.
76-44 - Resolution - Authorizing Purchase of 3 Pick-up Trucks and
Appropriation.
On motion of Councilman Newman, seconded by Councilman Bange,
the following resolution was proposed:
BE IT RESOLVED by the Town Council- of 'the Town of Leesburg,
Virginia, as follows : .
SECTION I . That the Town Manager is authorized and directed
to purchase 3 new 1976 GMC 1/2-ton pick-up trucks from
Bishop& Criste Pontiac-GMC; Inc. , 146 E. Market Street,
Leesburg, Virginia, for a price not to exceed $9, 738. 45.
SECTION II. That the following appropriations are made
for the fiscal year ending June 30, 1976 :
$ 3, 246. 15 - Acct. #10310. 804 - Utility Fund; Plants
Division Equipment . Mk
6, 492 . 30 - Acct. #10110. 807 - General Fund, Streets.
Division Equipment.
After discussion by Council .and explanation by Mr. Niccolls as- to
the. necessity for these vehicles, the resolution was adopted bya
vote of 5 to 2, as shown:
Aye: Councilmen Bange, Chamblin, Orr, Titus and Mayor Hill.
Nay: Councilmen Newman and Rock.
MINUTES OF MARCH 10, 1976 MEETING.
76-45 - Resolution - Authorizing expenditure of Revenue Sharing
Entitlements for maintenance of Public
Safety. •
On motion of Councilman Newman, seconded by Councilman Titus ,
the following resolution was proposed and ,unanimously adopted, as
shown:
WHEREAS, funds are needed in the General Fund for the mainte-:
nance costs of public safety programs in the Town of Leesburg,
Virginia; and
WHEREAS, Revenue Sharing Entitlements paid by the U. S.
Government may be used for payingthe cost of public safety
programs ; and
WHEREAS, balances in the Revenue Sharing Trust Fund are
sufficienttto pay at least $75, 000. 00 toward such costs
in fiscal year 1975-76:
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town
of Leesburg, Virginia, as follows:
That the Town Treasurer is hereby authorized and directed
r.+ to transfer up to $75, 000. 00 from the Revenue Sharing Trust
Fund to the General Fund in Fiscal Year. 1975-76-. Such
transfer shall be made in amounts equal to 75 percent of
the monthly expenditures for salaries of the uniformed po-
lice as recorded in Account #9010. 109.
Aye: Councilmen Bange, Chamblin, Newman, Orr, Titus and
Mayor Hill .
Nay: : Councilman Rock.
76-46 - Resolution - Authorizing purchase of a new Police
patrol vehicle and appropriation:
111On motion of Councilman Newman, seconded by Councilman Bange,
the following resolution was proposed:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows :
SECTION I: That the manager is hereby authorized and
directed to enter into an agreement .with the Commonwealth
of Virginia, Department of Purchases and Supply,- for the
purchase of one 1976 model Plymouth PK-41 Police Patrol
vehicle at a cost not to exceed $4, 596.00. .
SECTION II. That the following .appropriation is made for
the Fiscal Year ending June 30, 1976 :
$4, 596. 00 - Acct. #9010. 803, Police Automotive Equipment.
Discussion followed, with several Councilmembers feeling that the
Town should at least "try" a compact car. The resolution was then
adopted by a vote of 4 to 3, as shown:
Aye: Councilmen Bange, Newman, Orr and Mayor Hill.
Nay: Councilmen Chamblin, Rock and Titus .
Councilman Orr left the meeting at this time.
76-47 - Resolution - Authorizing filing .a Grant Apelication for
certain improvements and repairs to Airport.
On motion of. Councilman Rock, seconded by Councilman Chamblin,
the following resolution was proposed: ,
WHEREAS, Consultants Henningson, • Durham and-Richardson on
April 11, 1975 filed a request for .Federal financial assist-
ance for certain improvements and repairs to Leesburg Muni-
cipal Airport, specifically:
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MINUTES OF MARCH 10, 1976 MEETING.
1 . Construct aircraft apron 600' x 360'
2. Construct holding apron W 17-35.
3. Strengthen existing R/W 3, 500' x. 75 ' and existing
tax.iway, including striping' and shoulder grading.
4. Relocate segmented circle and wind cone.
for a total estimated project cost of $783; 500. 00; and
WHEREAS, the U. S. Department of Transportation, • Federal
Aviation Administration, has requested resubmittal of
the request for assistance; and •
WHEREAS, this Council. has determined that .the "specific
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improvements and repairs described above are necessary
for the safe and efficient: operation of the airport and
will not materially change_ the character or capacity of
the airport, and that such improvements and .repairs are
in accordance with Phase I recommendations contained in
the Master Plan for the'Airport :
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town
of Leesburg, Virginia, as follows : c:
That- the .town manager. is hereby authorized..and directed to
filea pre-application on behalf of the town for Federal
Assistance (FAA 5100-3O) • for , certain improvements to the
Leesburg Municipal Airport described as follows : .
ITEM DESCRIPTION TOTAL PROJECT_ COST •
(1) Relocate segmented circle and
wind cone $ 3, 500. 00
(2) 600' x 360' apron including
grading, drainage, edge lights,
tie downs - 420, 000. 00
(3) Overlay existing runway 3, 500' .
x 75 ' , taxi-way, striping and
-" shoulder grading- 290, 000. 00
(4) Holding apron runway 17 - 35 70, 000. 00
Total project costs $783, 500. 00
and that such application will request Federal •assistance in
an amount equal to 75 percent of' total project costs, State
assistance of 12 . 5 percent of total project costs and a con-
tribution of '12 . 5 percent of total project costs by the town.
There was discussion concerning this project, with Mr. Niccolls ex-
plaining that the runway is in bad shape. If the town does not re-
ceive this Grant, it will have to do this work itself: , It was
• pointed out that, this is four (4) items froth Phase I of the Master
Plan, not Phase I entirely. Also, :if: this, gfántc ib riot approved,
then the Town will have to do this work next year, if not before.
The resolution- was then 'adopted;, . as shown .
Aye: Councilmen Bange, Chamblin and Rock.
Nay: Councilman Newman.
Abstention: Councilman Titus. and Mayor Hill.
On motion .of Councilman Rock, -seconded by Councilman Bange,
the following resolution was proposed:-
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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:
$ 2, 700. 00 Acct. No. 5020. 265 Expert Services -
Implementation of Comp. Plan.
MINUTES OF MARCH 10, 1976 MEETING.
$ 500. 00 Acct. No. 10110. 207 Streets- Div. - Uniforms &
Laundering. ' _
1 , 500. 00 Acct. No. 10200. 252 Equip. Maint. - Tires, Tubes
& Maintenance.
1, 500. 00 Acct. No. 10200. 253 Equip. Maint. - Parts &
Miscellaneous .
600. 00 Acct. No. 10210. 212 Maint. of Bldgs . - Fuel Oil
& Gas .
500. 00 Acct. No. 10120. 207 Utility Lines Div. - Uniforms
& Laundering.
3, 172. 13 Acct. No. 10120. 818B Utility Lines Div. - Pumping
Equip. & Automation
There followed discussion as to whether or not these items were sup-
plements to- the budgeted amounts, • with Mr: Niccolls suggesting that
most of the above items be sent back for further clarification. On
motion':ofeCounc•ilman Rock, " seconded by Councilman Bahgei the fol-
lowing substitute resolution was proposed and unanimously adopted,
as shown:
76-48 - Resolution - Appropriation for Expert Services.
BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows :
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That the following appropriation' is made for the fiscal
year ending June 30, 1976: - •
$ 2, 700. 00 Acct. No. 5020. 265 Expert Services - Imple-
mentation of Comp. Plan.
Aye: Councilmen Bange, Newman, Chamblin, Rocls'Titus and
Mayor Hill.
Nay: None.
Town Manager Niccolls reported that Mr. Mahan has advised that
the McVay condemnation case has been set for trial on April 14, 1976
at 9 : 00 A.M. Three appraisers have been engaged and, when their re-
ports are submitted, Council will meet to discuss this case in fur-
ther detail .
Mr. Niccolls called attention to a Memo from him with regard
to a sub-lease agreement between TransAmerican Airports and Charles
H. Kimzey.
Mayor Hill recognized Mr. Woodrow W. Turner, Jr. , attorney for
TransAmerican Airports, who in turn introduced Mr. Charles Kimzey
and Mr. Richard Kimzey. Mr. Turner requested that Council grant
Mr. Rawls six months in order that he might sell or convey his in-
terests in TransAmerican Airports. He. also requested that Council
give its assent to a Sub-Lease Agreement between TransAmerican and
Mr. Kimzey. Mayor Hill said this Agreement deals almost wholly with
the sale of gasoline. He asked who will maintain all other opera-
tions of the Airport. Mr. Turner said TransAmerican will, with the
hope that perhaps 'Mr. Kimzey might take over other operations step
by step. Mr. Charles Kimzey explained that the purpose behind this
sub-lease is to look at the Airport with the possibility of pur-
chasing Mr. Rawls ' interests, however, they have not made any com-
mitment beyond what is written in this sub-lease agreement - this
is a first step. He said that time is of the essence inasmuch as
they are approaching the best season for flying. Council was in
agreement to an executive session at the close of this meeting in
order to discuss this sub-lease agreement with the Town Attorney.
Councilman Chamblin called attention to the sidewalk that has
been removed on the south side of Monroe Street near Madison Court.
This sidewalk was removed approximately three weeks ago and has not
' yet been replaced.
Mr. Chamblin asked if it was Council ' s intention to do away
with the Legislative Committee when it adopted the new Rules of
Procedure. It was the general consensus that it was done away with.
MINUTES OF MARCH 10,1976 MEETING.
Mr. Chamblin also asked the status of the Airport Advisory
Committee. Mr. Niccolls advised that he has accumulated the neces-
sary information on this matter and it will take time to study this -
it may 30 to 60 days before- a recommendation is made- on this mat-
ter.
Councilman Titus called attention to the fact that there was ,.
recently a site plan approval by the Planning Commission, but no
water and sewer extension approval given by the Council , as re-
quired by the Site Plan Ordinance. He has- asked Mr. .Niccolls to
look into this matter.
Councilman Newman said she had received a request from the
Pioneer Club of the C & P Telephone Company for permission to plant
red, white and blue flowers in the triangular piece of land at the
west end.^of town. It was pointed out that the Town does not own
this piece of land. Town Attorney Martin reported that Mr. Babson
is agreeable to dedicating this piece of land' and it is now in the
process of being worked out with the Highway Department.
Councilman Bange reported that he had received a call concern-
ing broken brick sidewalk on South King Street, where someone- had
fallen. It was felt that perhaps nothing would be done to this since
it will be involved in the Route 15 Urban Projecti- curb and gutter
and sidewalk will have to be rebuilt after this project is completed.
Mr. Niccolls ' expressed his concern about the public facilities
throughout the town and said funds will be included in the new Bud-
get for doing such work on a programmed basis. Councilman Titus
felt that curb and gutter should be built where sidewalks are put
in, although- there is a problemofno curb - inlets to take the storm
water in - some cases .
Mayor Hill said he has received -numerous inquiries as to whether
or not it is his wife that is running for Mayor. He said his wife' s
name is Dorothy and she is not a candidate, nor is the Mrs. Hill who _
isa candidate a member of -Tiers immediate family.
On motion of Councilman Rodk, -sedonded by Councilman Newman,
Council voted unanimously to go into executive session -to discuss a
legal matter at 9 : 30 P.M.
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Council reconvened at 10:02 P.M, and recessed until 10:07 P.M.
The TransAmerican Airports suit was discussed at length, with
Town Attorney Martin suggesting that Council direct him not to -set
a trial date for a 60-day period, but to proceed with other pre-
liminary action in the suit. There was no action taken at this
time. •
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On motion of Councilman Rock, seconded by Councilman Bange,
the meeting was adjourned at 10: 33 P.M.
Mayo
C erk of tete Council