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HomeMy Public PortalAbout1976_07_28 81 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 28, 1976. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on July 23, 1976 at 7 : 30 P.M. The meeting was called to order by the Mayor, with the invocation being offered by Mr.. Herrell, and fol- lowed with the Salute to the Flag. Present were: Mayor Mary Anne Newman, Councilmembers Charles E. Bange, Stanley D. Herrell, Jr. , James A. Rock, C. Terry Titus and John W. Tolbert, Jr. ; also Town Manager John Niccolls, Assistant to the Town Manager Jeffrey H. Minor and Town Attorney George M. Martin. Absent was Councilman Glen P. Cole. The minutes of a special meeting of July 13, 1976 and a regular meeting of July 14, 1976 were approved as written. A Certificate of Recognition was presented by Mayor Newman to former Councilman James H. Chamblin in appreciation for his service to the Town. 76-117 - Resolution - Expressing appreciation for service to Town as Councilman by James H. Chamblin. On motion of Mr. Titus, seconded by Mr. Rock, the following resolution was proposed and unanimously adopted, as shown: WHEREAS, the term of office as a councilman for the Town - of Leesburg expired for James H. Chamblin on June 30, 1976, and WHEREAS, Mr. Chamblin is to be recognized for his nine and one-half months of devoted service as a member of the Town Council , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia as follows : That the members wish to express their appreciation to Mr. Chamblin and wish for him a future filled with happiness and success. Aye: Councilmembers Bange, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. A public hearing was opened concerning proposed Policies for the Leesburg Wastewater Facilities Planning Process. The Notice of Public Hearing was read by the Clerk of Council. Mr. Jack Hawthorne and Mr. Bob Southworth were present, representing Johnson and Wil- liams, consulting engineers. Mr. Hawthorne emphasized the impor- tance of public participation in this project - it will be the guide- line for wastewater management in the Leesburg area for the next twenty years. There are two milestones in which the public will be involved - this one tonight which will set the initial guidelines for the study itself and one this fall which will review the various alternatives developed by Johnson and Williams. The 1972 Water Pollution Control Act split the procedures into three steps: (1) Facilities Planning; (2) Physical Design of Facilities ; (3) Con- struction of Facilities. He pointed out these steps on a block dia- gram. The plan itself is split into three basic tracks : (1) In- filtration/Inflow Analysis; (2) Environmental Inventory; (3) the technical or engineering track. These three tracks mesh and the alternatives are then developed. These alternatives will then be presented to the public for evaluation. The record will be held open for 30 days following this public hearing for additional com- ments by the public in writing. The Town will then make its se- lection of a recommended plan. This will be expanded - a prelimi- nary design will be developed and submitted to regulatory agencies. It is a complicated procedure involving work by a number of special- ists and demands thoroughness and a rational approach. Mr. John Berry, a real estate broker who is trying to sell the Saunders tract (approximate) one-third of which lies within the Town' s one-mile jurisdiction spoke in favor of sewage facilities. MINUTES OF JULY 28, 1976 '.MEETING. He understood that the Town does not now entertain sewer connections outside the corporate limits. The Saunders tract is a choice piece of property for development and he felt, it should be next in line for sewer service.. He was, therefore, promoting expanded sewage facilities to include this area as a serviceable area. The public hearing was declared closed. Mayor Newman pointed out that these Policies have been revised. On motion of Mr. Herrell, seconded by Mr. Tolbert,. Council. voted 4 to 2 to send the revised policies back to Workshop; Aye: Councilmembers Bange, Herrell, Tolbert and Mayor Newman. Nay: Councilmembers Rock and Titus. Mr. Titus commented that Mr. Berry should read these Policies very carefully - he might then not be in favor of them. 76-118 - Resolution - Authorizing expenditure of Revenue Sharing entitlements for maintenance and operation • . of financial administration and public safety in the Town of Leesburg, Virginia. On motion of Mr. Bange, seconded by Mr. Herrell, the following resolution was proposed and adopted by a vote of 5 to 1 : WHEREAS, funds are needed in the General Fund for the mainte • - nance costs of financial administration and public safety programs in the Town of Leesburg, Virginia; and WHEREAS, Revenue Sharing Entitlements paid by the U. S. Govern- ment may be used for paying the cost of financial' administra- tion and public safety programs ; and WHEREAS, balances in the Revenue Sharing Trust Fund are suf- ficient to pay at least $190, 000. 00 toward such costs in fis- cal year 1976-77 : NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : That the Finance Director is hereby authorized and directed to transfer up to $190, 000.00 from the Revenue Sharing Trust Fund to the General Fund in fiscal year 1976-77. Such trans- fer shall be made monthly in amounts equal to expenditures for salaries of the Department of Finance- and the Department of Public Safety, as recorded in accounts numbered 4020. 103, 4020. 105, 4020. 114, 9010. 103, 9010. 105, 9010. 109 and .9010. 110, and to one-twelfth of the contribution to the Leesburg Volun- teer Fire Department, Account No. 14050. 273. Aye: Councilmembers Bange, Herrell, Titus, Tolbert and Mayor Newman. Nay: Councilmember Rock. 76-119 - Resolution - Decreasing surety bond for Director of Finance. On motion of Mr. Bange, seconded by Mr. Rock, the following reso- lution was proposed and adopted by a vote of 5 to 1 : BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : That the surety bond on the Director of Finance be decreased from $300, 000 to $150, 000. Aye: Councilmembers Bange, Herrell , Rock, Tolbert and Mayor Newman. Nay: Councilmember Titus. MINUTES OF JULY 28, 1976 MEETING•. 7.6-120 - Resolution - Modifying and extending employees group life, disability income and hospitaliza--- tion policies and providing applicable appropriations therefor. On motion of Mr. Bange, seconded by Mr. Rock, the following resolution was proposed: BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : SECTION I. That the increased medical coverages as de- lineated in a letter from Mr. W. A. Watson, III of Ameri- can Health and Life Insurance Company, dated May 24, 1976, are hereby accepted at the following monthly rates: Individual, $25:94 : Employee and spouse only 61. 75 Employee and family 76. 53 CG Employee and dependent children 42.65 CD That the existing town/employee cost sharing policies Icashall be continued. SECTION II. That the town' s group life insurance policy with the American Health and Life Insurance Company be ex- tended and amended to provide $10, 000 insurance to all full- time employees regardless of occupation or classification, at a monthly premium of $0. 54 per thousand dollars of cover- • age. SECTION III. That the town manager is authorized and di- rected to execute the appropriate- forms evidencing the policy modifications described in Sections 1 and 2 above. SECTION IV. That the town manager is authorized and di- . , rected .to execute. a group disability income policy with • the American Health and Life Insurance Company extending the benefit elimination period• of said policy to 30 days. The annual premium of the policy shall equal $1. 30 per • $100 of coverage., said coverage defined, as 60 percent of the combined annual salaries of all full-time employees. SECTION V. That all policy extensions authorized herein shall be effective August 1, 1976 and- expire one year from that date. SECTION VI. That the following appropriations under the heading "Original Appropriations" are hereby revised and reappropriated as shown under the heading "Revised Ap- propriations. ORIGINAL REVISED ACCOUNT• NO. ACCOUNT NAME APPROPRIATIONS APPROPRIATIONS 4050. 224 Health Plan $26, 000 $19, 300 60504227 Disability Plan 7 , 000 3, 555 4050. 228 Life Insurance Plan 3,000 3, 888 Totals $36, 000 $26, 743 Mr. Titus said it was pointed out during Workshop discussion that the premium, paid by the Town for coverage -of Council members, increases compensation and this is a violation of the-State Code. Several Coun- cil members were covered by this policy at its . inception, 'but he is the only member remaining on the. policy. At the present time, he has a claim pending and, when this is paid, he will drop the policy. Therefore, he• felt .he should abstain. from voting on this resolution. Mr. Niccolls, said the Charter establishes the •salary for Council members- and- provides . rules for . revision. ,. The State law provides that an increase during a member' s term in this compensation cannot A 84 MINUTES OF JULY 28, 1976 MEETING. be accomplished. If the Town provides a Council member with a fringe benefit, it is in excess of the established compensation. There was some disagreement between Mr. Rock and Mr. Niccolls as to whether or not this is an "increase in compensation." There was also discus- sion concerning the proposed increase in life insurance for some employees, with the suggestion that this be •reassessed in a year. The resolution was then adopted by a vote of 5 to 1 abstention: Aye: Councilmembers Bange, Herrell , Rock, Tolbert and Mayor Newman. Nay: None. Abstention: Councilmember Titus. 76-121 - Resolution - Authorizing purchase of one 1976 4-door sedan and making an appropriation therefor. On motion of Mr. Bange, seconded by Mr. Rock, the following resolution was proposed and adopted by a vote of 5 to 1 : BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : SECTION I.• That the Manager is hereby authorized and di- - rected to enter into an agreement with Leesburg Motors, Inc. , Leesburg, Virginia, for the purchase of one new 1976 4-door compact sedan in line with specifications issued July 14, 1976 for such a vehicle at a cost not to exceed $3, 935.00. • SECTION II. That the following additional appropriation is hereby made for the fiscal year ending June 30, 1977 : Account No. and Name Appropriation • 10010-803 Auto Equipment $ 3, 935. 00 Aye-: " Councilmembers Bange, Herrell, Rock, Tolbert and Mayor Newman.- • Nay: Councilmember Titus. • 76-122 - Resolution - Granting waiver of Sec. 17-63 of the Town Code for craftspeople and food vendors for August • Court Days program. • On motion of Mr. Titus, seconded by Mr. Herrell, the following resolution was proposed: BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia,. as follows : • That, as per the request of the Loudoun County Independent Bicentennial Committee, Section 17-63 of the- Town Code per- taining to Itinerant Vendors is hereby waived for both the craftspeople and food vendors in connection with the August Court Days program to be held on August 13- and 14, 1976. On motion of Mr. Titus, seconded by Mr. Rock, the- following amend- ment was proposed to be added at the end: • provided all such craftspeople and food vendors have regis- tered with the Loudoun County Independent Bicentennial Com- mittee and said Committee has furnished the town with a list of those participating in this event. • It was explained that this would keep undesirable vendors off of the streets. The Bicentennial Committee would furnish the Town with such a list. A copy of this resolution should be sent to them and to the Health Department. The amendment was unanimously adopted. Mr. Niccolls said that the original resolution authorizing the street closing and the use of the streets was intended for this celebration only and not for general sales and activities. One downtown merchant exhibited • interest in a sidewalk-type sale during this time, however, he told • him that the streets are closed only for crafts and activities in line with this celebration. He did not feel there would be any problem. The resolution,• as amended, was then unanimously adopted: ,4• d� ,t, MINUTES OF JULY 28, 1976 MEETING. 85 Aye: Councilmembers Bange, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 76-123 - Resolution —Granting waiver of Sec. 17-63 of the Town for Kiwanis Club of Leesburg for purpose of holding a Rodeo. On motion of Mr. Bange, seconded by Mr. Rock, the following resolution was proposed and unanimously adopted : BE IT RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. That Sec. 17-63 of the Town Code pertaining to Itinerant Vendors is hereby waived for the Kiwanis Club of Leesburg for the purpose of holding a Rodeo at the old Izaak Walton League Grounds on August 28 and 29, 1976. SECTION II. That the Kiwanis Club make traffic control arrangements satisfactory to the Town Police. Aye: Councilmembers Bange, Herrell , Rock, Titus, Tolbert and Mary Anne Newman. Nay: None. Town Manager Niccolls called attention to a brief written memo- randum concerning implementation of the 1977 policies on employee pay. Mayor Newman formally welcomed Mr. John W. Tolbert, Jr. as the ' newest member of the Council. He was appointed by this Council to fill the unexpired term of the present Mayor. She read a note of appreciation for a terrarium given to Mrs. Dorothy Hill while a patient in the hospital. She also asked that Council members be thinking about a member for the Planning Commission and one for the Board of Architectural Review. Mr. Titus called attention 'to an apparently abandoned car on Catoctin Circle just west of Route 15 - it has been sitting there for at least a month. Mayor Newman said it hae been-previously reported to the Police Department. Mr. Niccolls will follow up on this. Mr. Titus said Mr. David Rust was upset by being asked to cut down the trees on his lot on East Market Street next to Ginos. Mr. Niccolls said this stems from a notice to cut the weeds on this property - it was intended to clear only that portion which can be done. He has contacted Mr. Rust and he has done some mowing today which nearly satisfies the Town' s interest. This is just one of many "weed" letters that have gone out. Mr. Titus also felt that Council should discuss furnishing sewer connection to the proposed swimming pool which is outside the cor- porate limits. The Town has given no permission for this sewer and it could have some very serious implications insofar as the adjacent property owners are concerned. He requested that this be discussed and resolved quickly. Mr. Tolbert advised that he is a member of the committee for this swimming pool. Mr. Tolbert advised that there are at least two holes in the street at Second and Wirt Street and on Wirt Street. Mr. Summerfield Tillett inquired as to whether or not the owner of the property behind the Virginia Village Shopping Center has been contacted about clearing this land. Mr. Minor advised that he has both written and talked to the owner and he has indicated that they will comply with this ordinance. -Mr. Tolbert called attention to an old abandoned car that has been on this property for a year or more. Mr. Tillett also asked if anything has been done to get the old ice house property cleared. Mr. Niccolls said Mr. Minor has been in touch with both the present land owner and the contract purchaser, Foodmaker, Inc. , who has indicated that they are responsible for clearing the debris. Mr. Minor said they will settle for this property in three or four weeks. Meanwhile, there have been some Len working on it piecemeal. WW l.4 • 86 • MINUTES OF JULY 28, 1976 MEETING. • Town Attorney George Martin gave a brief status report on the "nursing home" suit and the "Transamerican Airports" suit. On motion of Mr.. Rock, seconded- by Mr. Tolbert, the meeting was adjourned at 8 : 30 P.M. • /� � Mayor �� • Jerk of t e Gouncil • 3 • • • • • • • • • • • • • •