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HomeMy Public PortalAbout1976_07_14 67 MINUTES OF REGULAR MEETING OF LEESBU::G TOWN COUNCIL, JULY 14, 1976. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia at 7 : 30 P.M. on July 14, 1976. The meeting was called to order by the Mayor, with the invocation beingoffered by Mr. Bange, followed with the Saluteto the Flag. Present were: :Mayor Mary Anne Newman, Council- members Charles E. Bange, Glen P. Cole, Stanley D. Herrell, Jr. and C. Terry Titus ; also Town Manager John Niccolls, Assistant to the Manager Jeffrey H. Minor and George M.- Martin, Town Attorney. Absent from the meeting at this time was Councilmember James A. Rock. It is noted that this is the first -meeting of the newly elected Mayor and Councilmembers, they being as follows : Mayor Mary Anne Newman, who took the oath of office on June 17, 1976; Councilman C. Terry Titus, who took the oath of office on May 17 , 1976; Coun- cilman Stanley D. Herrell , Jr. ,_ who took the oath of office on June 15, 1976 ; and Councilman Glen P. Cole, who took the oath of office on June 15, 1976. Copies of said oaths are attached hereto and a copy of the Abstract of Votes of the election held on May 4, 1976 • may be seen in the office of the Clerk of the Council. The minutes of a regular meeting of June 23, 1976 and a special meeting of June 28, 't976 were approved as written. Certificates of Recognition were presented by Mayor Newman to �,• former Mayor G. Dewey Hill and former Councilman Robert A. Orr, both of whom responded with a few words of appreciation and pleasure for having served on this Council. -� On motion of Mr. Titus, seconded by Mr. Range, the following resolutions were proposed and unanimously adopted, as. shown: 76-104 - Resolution -. Expressingappreciation for service to Town as Councilman and Mayor by G. Dewey Hill. WHEREAS, the term of office as Mayor of the Town of Leesburg expried for G. Dewey Hill on June 30, 1976, and - WHEREAS, Mr. Hill is to be recognized for his long tenure of service to the Town - three and one-half years as its mayor and five and one-half years as a councilman, and WHEREAS, Mr. Hill devoted many hours to the complex problems confronting the Town Council during these years, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : That the members of the Council of the Town of Leesburg wish to express their thanks to Mr. Hill for a job well done and wish for him a future filled with happiness and success. 76-105 - Resolution - Expressing appreciation for service to Town as Councilman by Dr. Robert A. Orr. WHEREAS, the term of office as councilman for the Town of Leesburg expired for Dr. Robert A. Orr on June 30, 1976, and .. r WHEREAS, Doctor Ofr is to be recognized for his thirteen years of continuous service as a member of the Town Council, and WHEREAS, Doctor Orr has faithfully served in carrying out his duties as a councilman and given many words of wisdom to his fellow members, NOW, THEREFORE, BE IT RESOLVED by the" Town Council of the Town of Leesburg, Virginia as follows : That the members of the Town Council of the Town of Leesburg wish to express their sincere thanks to Doctor Orr and wish for him a future filled with happiness and success. 68 MINUTES OF JULY 14, 1976 MEETING. Aye: Councilmembers Bange, Cole, Herren., Titus and Mayor Newman. Nay: None. 76-0-11 - Ordinance - Amending Section 17-1 of the Town Code to revise the rate of tax on all real estate. On motion of Mr. Titus, seconded by Mr. Cole, the following ordinance was proposed and unanimously adopted, as shown: BE IT ORDAINED by the Council of the Town of Leesburg, Vir- ginia, as follows : SECTION I. That Section 17-1 of the Town Code is hereby amended to read as follows : Sec. 17-1 . Annual levy and rate of taxes. . Taxes shall be levied and collected in the manner de- scribed by the provisions of this Code and other ordinances of the municipality and laws of the state, for each fiscal year beginning July first, and ending June thirtieth, until otherwise changed, for the support of the municipal govern- ment, the payment of interest on the municipal debt and for other municipal purposes , as follows : (1) The tax on all taxable real estate shall be at the rate of sixty-five cents ($0. 65) on every one hund- red dollars ($100.00) of the assessed value thereof. (2) All tangible personal property, excepting therefrom the classes of household goods and personal effects classified in section 58-829. 1 of the Code of Vir- ginia, and including the tangible personal property separately classified by sections 58-829. 2 and 58-829. 3 of the Code of Virginia shall be taxed at the rate of one dollar ($1.00) on every one hundred dollars ($100. 00) of the assessed value thereof. (3) All tangible personal property of all railroad, ex- press, telegraph, telephone, power and other public service corporations shall be taxed at the rate of one dollar ($1. 00) on every one hundred dollars ($100. 00) of the assessed value thereof, and tax- able real estate of such public service corporation shall be taxed at the rate of one dollar ($1.00) on every one hundred dollars ($100. 00) of the assessed value thereof. (4) The tax on ali' bank stock subject to taxation with- in the municipality shall be at the rate of eighty • ($0. 80) cents on each one hundred dollars ($100.00) of the taxable value of the share of the stock in any bank located in the municipality, subject to the provisions of section 58-476. 2 of the Code of Virginia. (Code 1963, § 21-2) SECTION II. That an emergency exists and this ordinance shall be in full force and effect from and after its passage. Aye: Councilmembers Bange, Cole, Herrell , Titus and Mayor Newman. Nay: None. 76-0-12 - Ordinance - Amending Section 2-2 of the Town Code. On motion of Mr. Titus, seconded by Mr. Herrell , the following ordinance was proposed and unanimously adopted, as shown: BE IT ORDAINED by the Town Council of the Town of Leesburg, Virginia, as follows : •„�-'_tutu 69 MINUTES OF JULY 14, 1976 MEETING.. SECTION I. That Sec. 2-2 of the Town Code is hereby amended to read as follows : Sec. 2-2. Execution of checks. All checks drawn against any account of the town shall be signed by any two of the following officers, namely; the municipal manager, the assistant to the municipal manager, the director of finance and the clerk of the council. SECTION II. That an emergency exists and this ordinance shall be in full force and effect from its passage without publication, hearing or time interval between introduction and passage. Aye: Councilmembers Bange, Cole, Herrell , Titus and Mayor Newman. Nay: None. . 76-0-13 - Ordinance - Amending Sec. 10-131 of the Town Code to - change speed limit on North King Street. O On motion of Mr. Titus, seconded by Mr. Bange, the following ordinance was proposed and unanimously adopted: BE IT ORDAINED by the Council of the Town of Leesburg, Vir- ginia, as follows : • SECTION I. That Sec. 10-131 of the Town Code is hereby amended to read as follows: Sec. 10-131; Special speed limits on certain streets. Upon the following streets within the municipality, be- tween the points hereinafter indicated, the maximum speed limit is hereby established at the speed hereinafter indi- cated, and no person shall drive a vehicle between such points in excess of such maximum speed Limit: , (a) King Street, for southbound vehicles : (1) Twenty-five (25) miles per hour from the north corporate limits to Fourth Street. (2) Thirty-five (35) miles per hour from Fourth Street to • the south corporate limits. (b) King Street, for northbound vehicles : (1) Thirty-five (35) miles per hour from the south corporate limits to Fourth Street. (2) Twenty-five '• (25) miles per hour from Fourth Street to the north corporate limits. • • r (c) • Market Street, for westbound .vehicles: (1) Thirty-five (35) miles per hour from the east corporate limits to Fort Evans Road. (2) Twenty-five (25) miles per hour from Fort Evans Road to the west corporate limits. (d) Market Street, for eastbound vehicles : (1) Twenty-five (25), miles per hour from the west corporate limits to Fort Evans Road. (2) Thirty-five (35) miles per hour from Fort Evans Road to the east corporate limits. i''J a 70 MINUTES OF JULY 14, 1976 MEETING.- (e) Catoctin Circle: Twenty-five (25) miles per hour from Dry Mill Road to East Market Street. (f) Davis Avenue: Twenty-five (25) miles. per . hour from the intersection of Lee Avenue to Valley View Avenue. (g) Dry Mill Road: (1) Twenty-five (25) miles per hour from Loudoun Street to Lee Avenue. • (2) Thirty-five (35) miles per hour from Lee Avenue to the west corporate limits. • (h) Edwards Ferry Road: (1) Twenty-five (25) miles per hour from East Market Street to Plaza Drive. . (2) Thirty-five. (35) miles per hour- from • Plaza Drive to the east corporate limits. (i) Fort Evans Road: Twenty-five (25) miles per - - lour from the intersection of East Market Street to the east corporate limits. • (j ) Lee Avenue: Twenty-five (25) miles per hour from the intersection of Dry Mill Road to Davis Avenue. - (k) Loudoun Street, for eastbound vehicles : Twenty- • five (25) miles per hour from the intersection of West Market Street to the intersection of East Market Street: (1) Loudoun Street, for westbound vehicles : Twenty- five (25) miles per hour from the intersection of East Market Street to the intersection of West Market Street. SECTION II. That an emergency exists and this ordinance shall be in full force and effect from its passage without publication, hearing or time interval between introduction and passage. Aye: . Councilmembers Bange, Cole, Herrell, Titus and Mayor Newman. Nay: None. 76-106 - Resolution - DesignatingPeoples National Bank, First and Merchants National Bank, Virginia National Bank and First Virginia Bank as depositories of the Town of Leesburg. • On motion of Mr. Bange, seconded by Mr. Cole, the following resolution was proposed and unanimously adopted, as shown: I; the':undersigned, hereby certify to Peoples National Bank, First & Merchants National Bank, Virginia National Bank and First Virginia Bank that I am Clerk of the Council of the Town of Leesburg, in Virginia, a municipal corporation char- tered by an Act of the General Assembly-of Virginia; that the following is a true copy of resolutions .duly adopted in accordance with law by the Council of said Town ata meeting held in Council Chambers the, 14th day of July, 1976, and that such resolutions have not been rescinded or amended: BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : 41460A X MINUTES OF JULY 14, 1976 MEETING. 71 • SECTION I. That Peoples National Bank, First & Merchants National Bank, Virginia National Bank and First Virginia Bank are hereby designated as depositories of the Town of Leesburg, in Virginia, and that checking accounts shall be maintained in said Banks in the name "Town of Leesburg, Virginia." SECTION II, That checks, drafts, bills of exchange, accept- ances or other orders for the payment of money from said ac- counts shall be signed, on behalf of this Town and in its name, by any two of the following officers; namely, the Town Manager, Assistant to the Town Manager, Director of Finance and Clerk of the Council. SECTION III. That the Director of Finance is hereby author- ized, on behalf of this Town and in its name, to endorse checks, bills, certificates of deposit or other instruments owned or held by this Town, for deposit in said accounts or for collection by said Banks; however, the endorsement of such instruments may be made by rubber stamp endorsement containing the name of this Town without signature, or by the endorsement of any person by such writing as to desig- ;) nate that the instrument is intended to be credited to the O said accounts; to accept drafts, acceptances and other in- struments payable at said Banks ; to waive demand, protest, and notice of protest, or dishonor of any check, note, bill of exchange, draft or other instruments made, drawn or en- dorsed on behalf of this Town. However, strict compliance as to the words "Town Manager, " "Assistant to the Town Mana- ger, " "Director of Finance" and "Clerk of the Council" ap- pearing after the names of' said officers on any of said in- struments for the payment of money from said checking accounts shall not be required. SECTION IV. That Peoples National Bank, First & Merchants National Bank, Virginia National Bank and First Virginia Bank are hereby authorized to honor, receive, certify' or pay all instruments signed in accordance with these resolutions, even though drawn or endorsed to the order of any officer signing the same or tendered for cashing or in payment of the individual obligation of any such' officer, or. for de- posit to his personal account, and said Banks shall not be required, or be under any obligation to inquire as to the circumstances of the issuance, or use of any instrument signed in accordance. with these resolutions, or the appli- cation, or disposition of such instrument, Or the proceeds thereof. SECTION V. That the Clerk of the Council shall certify. to said Banks, the names and signatures of the presently duly qualified and acting Town Manager, Assistant to the Town Manager, Director of Finance and Clerk of the Council of this Town, ' and the Clerk of the Council shall, from time to timehereafteras changes in the personnel of said officers are made, certify' such changes to 'the Banks, and the Banks shall be fully protected in relying on such certifications of the Clerk of the Council, and shall be indemnified and saved: harmless from any claims, , demands, expenses, loss, or damage resulting from, or growing out of, honoring any signature not so certified, or in refusing to honor any. signature which may be replaced through changes made by- any such certification. SECTION VI. That all resolutions adopted by the Council of this Town prior to July 14, 1976, for the designation of said Banks as depositories for the accounts maintained in said Banks in the name "Town of Leesburg, Virginia, " author- izing the. signing of instruments for the withdrawal of money from the accounts of this Town in said Banks, and for the endorsement of instruments for deposit to the accounts of this Town in said Banks, be, and the same are hereby revoked or rescinded. - ‘X0)4 ) 72 MINUTES OF JULY 14, 1976 MEETING. ' SECTION VII. That the foregoing resolutions shall remain in full force and effect until written notice of their amend- ment or rescission shall have been received and acknowledged by said Banks, and that receipt of any such notice shall not affect any action taken by said Banks prior thereto. SECTION VIII. That the Clerk of the Council is hereby author- ized and directed to certify to Peoples National Bank, First & Merchants National Bank, Virginia National Bank and First Vir- ginia Bank the foregoing resolutions, and that the provisions thereof are in conformity with the Charter and Ordinances of this Town, and the laws of the State of Virginia. I, the undersigned, further certify that the Council of the Town of Leesburg, in Virginia, is authorized' and empowered to adopt the foregoing. resolutions by virtue of its' Charter and Ordinances, and pursuant to the laws of the State of Vir- ginia. I further certify that the names and official signatures of the presently duly qualified and acting Town Manager, Assist- ant to the Town Manager, Director of Finance and Clerk of the Council of said Town are as follows : Office: ' Name: Official Signature: Town Manager John Niccolls Assistant to the Town Manager Jeffrey H. Minor Director of Finance Mervyn C. Timberlake, Jr. • Clerk of the Council Dorothy B. Rosen In witness whereof, I have hereunto subscribed my name and af- fixed the seal of the Town of Leesburg, in Virginia, by di- rection of' the Council, this 14th day of July, 1976. Clerk of the Council Town of Leesburg, in Virginia Aye: Councilmembers Bange, Cole, Herrell, Titus' and Mayor Newman. Nay: None. ' 76-107 - Resolution - Approving a resubdivision of. 2 lots in Lees- burg Country Club, Section 2. On motion of Mr. Bange, seconded by Mr. Cole, the following resolution was proposed and unanimously adopted, as shown: WHEREAS, a plat of resubdivision of Lots 59 and 60, Section Two, Leesburg Country Club was submitted to the Leesburg Planning Commission by William Chamberlin on June 17, 1976 for consideration under Section V, paragraph 1 , of the Lees- burg Subdivision Ordinance, and 11 WHEREAS, the said plat was considered by, the Leesburg Plan- ning Commission and determined to comply with' the require- ments for an exception under Section V, paragraph 1, of the Leesburg Subdivision Ordinance, and WHEREAS, the Planning Commission has recommended to the Council that the plat of resubdivision be approved, NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg as follows : 73 MINUTES OF JULY 14, 1976 MEETING: That the plat of Resubdivision of Lots 59 and 60, Section Two, Leesburg Country Club, prepared by DeLashmutt Associ- ates,' and dated June, 1976 be and the same is hereby •ap- proved, and BE IT FURTHER RESOLVED: That the Clerk of the Council be and she is hereby author- ized and directed to affix her signature to the said plat as evidence of said approval. Aye: Councilmembers Bange, Cole, Herrell, Titus and Mayor Newman. Nay: None. 76-108 - Resolution •- Authorizing agreement between Virginia Electric and Power Company and 'Town of Leesburg for adjustment and distribution •facilities for Route 15/Catoctin Circle improvements. On motion of Mr. Bange, seconded by Mr. Cole, the following resolution was proposed and unanimously adopted, as shown: • BE IT RESOLVED by the Town Council of the Town of' Leesburg, Virginia, as follows: That the Town Manager is hereby authorized and directed to execute the attached agreement between Virginia Electric and Power Company and Town of Leesburg for adjustment of distri- bution facilities for Route 15/Catoctin Circle improvements. Aye: Councilmembers Bange, Cole, Herrell , Titus and Mayor Newman. Nay: None. 76-109 - Resolution Re Agreement to relocate and/or install utilities for Route 15 Urban Project. On motion of Mr. Bange, seconded by Mr. Cole, the following resolution was proposed and unanimously adopted, as shown: WHEREAS, the Highway Department proposes to construct or otherwise improve a section of Route 15• from 0. 171 miles north of the intersection with Catoctin Circle to 0. 142 miles north Route 7 interchange designated as Highway Project 0015-253-101, C-501 ; and WHEREAS, the Town Council is responsible for making ar- rangements for the adjustment and/or relocation of certain utilities and for the installation of any new facilities : NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : That the Town Council of Leesburg hereby certifies that all arrangements have been made or will be made for the relocation and/or adjustment of said utility facilities, and for the installation of any new facilities. In the event of any justifiable claims from the road contractor • for delays or interference - caused- by said 'utilities, the Town of Leesburg hereby agrees to be responsible for said claims , provided it may legally do so and further provided that the Town is advised in writing by the Highway Depart- ment at the time of delay that the road contractor intends to file a claim. Said utilities are identified as follows : - 74 MINUTES OF JULY 14, 1976 MEETING.. UTILITY OWNER TYPE OF FACILITY • The Chesapeake and Potomac Telephone Communication Company of Virginia Virginia Electric and Power Company Electric Town of Leesburg Water and Sanitary Sewer Washington Gas Light Company • Gas Aye: Councilmembers Bange, Cole, Herrell, Titus and Mayor Newman. Nay: None. 76-110 - Resolution - Authorizing Agreement between Virginia Electric and Power Com ani and Town of Leesburg for adjustment ofdistributionfacilities •for Route 7 improvements. On 'inotion' of Mr. Bange,' 'seconded by Mr. Cole, the following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : ' That the Town Manager is hereby authorized and directed to execute the attached agreement between Virginia Electric and Power Company and Town of Leesburg for adjustment of distribution facilities for Route 7 improvements.' Aye: • Councilmembers Bange, Cole, Herrell, Titus and Mayor Newman. Nay: None. 76-111 - Resolution - Accepting and implementing 701 Grant for Old and Historic District planning project. On motion of Mr. Cole, seconded by Mr. Herrell, the following resolution was proposed: WHEREAS, an application was made to the Division of State Planning and Community Affairs on April 16, • 1976 for a grant to pay two-thirds of the cost of a planning project described as a Physical Design for Leesburg' s Old and' Historic District, and WHEREAS, an offer was made by the Director of the Division of State Planning and Community Affairs on June 7 , 1976 for a grant in the amount of $10, 000 toward the cost of the planning project described above: NOW, THEREFORE, BE IT RESOLVED by the Council of, the' Town of Leesburg, Virginia as follows : SECTION I. That the town hereby accepts the offer of a • $10, 000 grant of the Division of State Planning and Com- munity Affairs, now known as the Department of Inter- governmental Affairs. SECTION II. That the Town Manager. is hereby authorized and directed to enter into an agreement with the° Northern Virginia District Planning Commission for administration • of funds received under the grant. SECTION III. That the project work program attached to this resolution is hereby approved. SECTION IV. That the town' s share of the cost of the plan- ning project shall be in the form of a cash contribution of $5,000 as contained in appropriation to Account No. 5020. 265 in the 1977 fiscal year budget. SECTION V. That the planning project shall be conducted by consultants to be retained by the town who are experienced and qualified to perform the work described. 75 MINUTES OF JULY 14, 1976 MEETING.- Mr. Herrell expressed the hope that any future grants for this project will go into the actual improvements - not into another study. The resolution was then adopted by a vote of 4 to 1, as shown: • Aye: Councilmembers Bange, Cole, Herrell and Mayor Newman. Nay: Councilman Titus. 76-112 - Resolution - Authorizing Town Manager to enter into Agreement with Bengtson-DeBell for supple- mental surveying services related to Town Branch and North Fork storm drainage im- provement project. On motion of Mr. Bange, seconded by Mr. Cole, the following resolution was proposed: BE IT RESOLVED by the Town Council of the TownofLeesburg, Virginia as follows : • That the Town Managerishereby authorized to enter into an agreement with Bengtson-DeBell for supplemental surveying services related to Town Branch and North Fork Storm Drain- age Improvement Project at a cost not to exceed $4, 200. Mr. Niccolls said that Mr. Martin will be involved in the boundary line agreements and the preparation of same. The resolution was then unanimously adopted, as shown: i Aye: Councilmembers Bange, Cole, Herrell , Titus and Mayor Newman. Nay: None. 76-113 - Resolution - Making appropriations for 1975-76. On motion of Mr. Bange (for discussion purposes) , seconded by Mr. Cole, 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: $ 287 .95 Acct. No. 1011. 209 Clerk Codification 130.90 Acct. No. 2010. 248 Town Manager - Dues & Subscriptions 600. 00 Acct. No. 2010. 250 Town Manager - Moving • Expenses • 498. 56 Acct. No. 2010. 804 Town Manager - Office Equipment • 1, 229. 90 Acct. No. 4100. 242 Pensions & Insurance/FICA 395. 00 Acct. No. 10010. 801 Engineering Div. - Office Equipment 1, 653. 60 Acct. No. 10110. 811 Streets Div. - Replace Curb, Gutter & Sidewalk 300. 00 Acct. No. 10200. 220 Equipment Maint. - Auto Insurance • 600. 00 Acct. No. 14020. 257 Unallocated - Xerox Machine Rental • 2, 000.00 Acct. No. 10120. 231 Utility Lines Div. - Materials • & Supplies 953. 13 Acct. No. 10120. 816 Utility Lines Div. - New Wells MINUTES OF JULY 14, 1976 MEETING. $ 2, 000. 00 Acct. No. 10310. 217 , Utility Plants. Div, - , Maintenance. - Equipment & Buildings 354. 72 Acct. No. 10310. 822 Utility Plants Div. - Chemical Addition 3, 000. 00 Acct. No. 10301. 813 Meter Division - Water Meters 35, 155. 42 Acct. No. 50000. 803 Capital Project Fund - Engineering 3, 010. 00 Acct. No'. 5020. 265 Boards & Commissions - Expert Services - Imple- ment.' of Comp. Plan Discussion followed on these items. Mr. Niccolls advised that none of these amounts have been paid. Mr. Rock joined the meeting at this time. The resolution was adopted by a vote of74 to 2, as shown: Aye: Councilmembers Bange, Cole, Herrell and Maybr Newman. Nay: Councilmembers Rock and Titus. , 76-114 - Resolution - Making additional appropriations for fiscal year 1977. On motion of Mr. Bange (for discussion purposes) , seconded by Mr. Herrell, the following resolution was proposed: , BE IT RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. That the following additional appropriations are hereby made for the fiscal year ending June 30, 1977 : Account No. and Name Appropriation 10010-804 Communications Equipment (Eng. ) $ 1, 000. 00 10110-807 Equipment (Liquid Asphalt Unit) 2, 500.00 (Cement Mixer) 10110-810 Storm Drainage (Design) 20,000.00 10200-804 Shop Equipment , 1 , 000, 00 10200-806 Shop Improvements 1 , 000. 00 10210-801 Remodeling Office (Design) ' ' 7 , 000. 00 10300-804• Communications Equipment (Util..) 1, 000. 00 10300-806 Pump House Improvements 2, 500.00 10300-815 Valves and Hydrants ' 15, 000.00 10300-818 Pumping Equipment' (Separator Design) ' 2, 500.00 10301-813 Water Meters - 10, 000.00 10310=805 Fluoridation (Design) 2, 500.00 10310-807 Lab Equipment ' 1 , 500. 00 10310-810 Facilities Plan 67 , 000. 00 11020-800 Parks (Tennis Courts) 7 , 000.00 50000=104 Inspector' s salary - - 12, 900.00 i .4*>t • i MINUTES OF JULY 14, 1976 MEETING.• • 77 Account' No.. and Name, Appropriation 50000-801 Transmission Line $302, 150.00 50000-802 Water Storage Tank 461 , 113.00 50000-803 Engineering , . 22, 000.00 50000-804 Miscellaneous 5,000.00 SECTION II. That the following are hereby made a part of the approved budget, but not appropriated at this time except as II in Section I herein, for the fiscal year ending June 30, 1977 : Account No. and Name Budget 9010-803 Auto Equipment (Police) .$ 5, 000. 00 9010-805 Special Equipment (Police) 1, 000. 00 10010-803 Auto Equipment (Eng. ). 3, 500.00 10110-807 Cab & Chassis (Streets) 7, 300. 00 10110-807 Layton Paver 6,000.00 G 10110-809 Street Resurfacing 60, 000.00 10110-810 Storm Drainage 234, 000.00 10110-811 Replace Curb & Gutter/Sidewalk 20, 000.00 10110-812 Old & Hist. Dist. Improvements 20, 000.00 10110-813 Street Light Installation , - 5, 000.00 `, 10200-807 Backhoe 13, 500. 00 20210-801 Remodeling Office Building 140, 000.00 10300-817 Infiltration Abatement 50, 000. 00 10300-818 Pumping Equipment (Separator) 10,000.00 10301-803 Auto Equipment (Meter Div. ) 4, 000:00 10301-814 Parking Meters 17 , 000.00 10310-803 Sludge Truck 40, 500.00 10310-805 Fluoridation 30, 000.00 10310-822 Chemical Addition 5, 000.00 30000-824 Airport Improvements 641,440.00 50000-805 Water system improvements (bond fund)450, 000.00 There followed discussion on many of these items, with Mr. Niccolls pointing out that the items in Section II are to be included in the Budget, with contracts to be submitted and appropriations made - I at a later date. There was a great deal of discussion on the Engi- neering item included in Section I. On motion of Mr. Titus, sec- onded by Mr. Rock, the following amendment was made and unanimously adopted, as shown: Reduce Account No. 50000-803 - Engineering, under Appropria- tions , to $4, 000.00 with the stipulation that these fees are to go only to engineering on the present facility under con- struction, and add an item to Section II, Budget, as follows: Account No. 50000-803 - Engineering - $18, 000.00 Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus and Mayor Newman. Nay: None. 78 MINUTES OF JULY 14, 1976 MEETING.- There was discussion of some other items, with Mr.- Titus asking that Mr. Niccolls contact Dr. Oyen with regard to the fluoridation project. The resolution, as amended, was then unanimously adopted, as shown: Aye: Councilmembers Bange; Cole, Herrell, Rock, Titus and Mayor Newman. Nay: None. Town Manager Niccolls called attention to the Activity Report distributed tonight and to an interim year ending statement of re- ceipts and disbursements for the Town. He noted that this is interim in that it does not include accounts payable to be paid from appro- priations approved tonight. On motion of Mr. Titus, seconded by Mr. Cole,• the following ap- pointments were made by unanimous yote of the Council, as shown: Town Manager: John Niccolls Term of Office: Indefinite Salary: $25, 000 per yr. • Clerk of the Council : Dorothy. B. Rosen Term of Office: Indefinite Salary: $9, 760 per yr. Zoning Administrator: Robert C. Forbes Term of Office: 2 years Salary: None Town Attorney: George M. Martin Term of Office: Indefinite Retainer: $5, 000 per yr. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus and • Mayor Newman. Nay: None. The following Council representative appointments were made by Mayor Newman: Board of Architectural Review: Stanley D. Herrell, Jr. Governmental Space Needs Committee: Glen P. Cole Mr. Titus commented- that the resolution adopted by Council con- cerning the nursing home situation affirmed Council ' s position as far as- the- medical district was concerned, but did not endorse either home. He hoped the Town would not defend either party in the suit that has been filed. Mayor Newman said that copies of the suit will be sent to all Council members. Mr. Niccolls said that a summary of the issues- and a suggested plan of action will be submitted to Council prior to Mr. Martin s response to the. issues. . Mr. Titus called attention to an advertisement for a Public Hear- ing on- an amendment to the Comprehensive Plan. There followed dis- cussion concerning procedures for a revision of the Comprehensive Plan. It was felt that such requests by an individual or a developer were legitimate, but that the costs_ in connection with such a revision should be borne by that individual or.-developer. - - Mr. Titus. also suggested that some measure be taken to see that the old 'ice house lot is cleaned up. . Mr. -Niccolls- said he will con- tact the owner again - he had understood that this was being taken care of. Mayor Newman announced that she has officially resigned as a Council member as of June 30, 1976. • . 76-115 - Resolution - Appointing John W. Tolbert, Jr. to Council. On motion of Mr. Herrell , seconded by Mr. Cole, the following resolution was proposed: • BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : MINUTES OF JULY 14, 1976 MEETING.. 7 9 That John W. Tolbert, Jr. be appointed to fill the- unexpired Council term of Mary Anne Newman, who resigned as of June 30, 1976. A statement was made by Mr. Titus that this Council has been accused of making this a racial issue. He felt it should be understood that this is untrue and unfathomable - he has never heard any member make. an issue of this in any sense of the word. He felt that this Council has demonstrated its willingness in appointing a black .person to the Planning Commission and probably to this Council. Councilmembers Bange and Rock endorsed this statement. A roll call vote was as follows : Aye: Councilmembers Cole, Herrell and Mayor Newman. Nay: None Present but not voting: Councilmembers Bange, Rock and Titus. It was pointed out that the Charter calls for a majority vote of the ' remaining members of Council. Thus, the vote above would not be a majority. On motion of Mr. Titus, seconded by Mr. Rock, Council voted unanimously to reconsider the resolution. A roll call vote on the resolution was as follows : Aye: Councilmembers Cole, Herrell , Titus and Mayor Newman. Nay: None. rei Present but not voting: Councilmembers Bange and Rock. Mayor Newman called a recess at 8 :45 P.M. in order to allow time to study the proposal for settlement of the Middle School availability fee. Council reconvened at 8: 55 P.M. On motion of Mr. Rock, seconded by Mr. Herrell, Council voted unanimously that copies of "The Lamplighter" be sold -for $1.00 retail and $0.90 wholesale. On motion of Mr. Herrell , seconded by Mr. Cole, Council voted 5 to 1 abstention (Mr. Bange) to appoint Charles -E. Barge Mayor Pro- Tem in the absence of the Mayor. 76-116 - Resolution - Approving the general terms of an agreement with the Loudoun County Public Schools. On motion of Mr. Bange, seconded by Mr. Herrell , the following resolution was proposed: WHEREAS, the Loudoun County Public Schools has requested con- sideration of an agreement between the schools and the town . for continued use of the J. Lupton Simpson Middle School trunk sewer, reimbursements to the schools by future connectors to the sewer and deferral of a portion of availability fees on the J. Lupton Simpson Middle School ; and WHEREAS, the general terms for such an agreement have been proposed following discussions by representatives of the schools and the town: NOW, THEREFORE, _BE ;IT RESOLVED by the Council of the Town of Leesburg, Virginia as follows: SECTION I. That the Manager is hereby authorized and di • - rected to continue to permit connection of the J. , Lupton Simpson Middle School to the town' s sewer system under the following conditions : A. That such permission shall be granted without prejudice to the town' s right to collect availability fees in line with Section 15-14 of the Code. B. That such permission does not authorize acceptance of the J. Lupton Simpson Middle School trunk line into the town' s sewer system. 80 MINUTES OF JULY 14, 1976 MEETING.. C. That such permission shall expire September 15, 1976 unless extended by this Council. SECTION II. That the general terms of an agreement between the schools and town for payments .to be made to. the school by future trunk sewer users are approved as follows : A. Payments would .be required from all connectors to the. sewer, regardless of when the connection is made. B. That payment amounts shall be calculated so as to .equal the cost of the connector' s proportional use of the sewer' s total capacity. . • C. Payments shall include an interest charge of six percent per year. SECTION III: That the terms for payment of the sewer availa- bility fee for the J. Lupton Simpson Middle School shall be set out in the agreement and be generally as follows.: A. The schools shall make a substantial initial- "payment toward the total fee at the time of execution of the agree- ment provided for herein. B. The balance of the fee plus interest at the- rate of six percent per year would be paid to the town from the first fees charged to future connectors for capacity in the sewer under the agreement provided for herein. SECTION IV. That the manager is authorized and directed to prepare a proposed written .agreement as described herein and submit it for Council consideration by August 15, 1976. There followed extensive discussion, with particular attention to the requirements $dthe Subdivision and Zoning Ordinances for pro-rata share paymentsl the requirements of the Town Code concerning the time and basis for payment of availability fees. Mr. Rock said that the provisions of prior resolutions concerning this subject called for compliance with the Town' s ordinances and these provisions still stand in his opinion. There was also discussion as to the possible need for amending the Town Code concerning the method of payment of these. fees. Mr. Niccolls explained that these are general terms pre- sented for Council ' s review - a specific agreement will be brought back for consideration and adoption in a month. In the meantime, the Town is stating that connection of the Middle School to the town' s sewer line will continue until September 15, 1976 subject to these provisions. The resolution was then adopted, as shown: Aye: Councilmembers Bange, Cole, Herrell and Mayor Newman. Nay: Councilman Rock. Abstention: Councilman Titus. On motion of Mr. Titus, seconded by Mr. Rodk, the meeting was adjourned at 9 : 25 P.M. Mayorw . Clerk of .the Council