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HomeMy Public PortalAbout1976_08_11 MINUTES OF REGULAR MEETING OF tEESBURG TOWN COUNCIL, AUGUST 11, 1976. A 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. , August 11 , 1976. The meeting was called to order. by the Mayor, with the invocation being offered by Mr. Tolbert, followed with the Salute to the Flag. Present were: Mayor Mary Anne Newman, Councilmembers Charles E. Bange, Glen P. Cole, Stanley D. Herrell , Jr. , C. Terry Titus and John W. Tolbert, Jr. Absent from the meeting at roll call was Councilmember James A. Rock. He arrived at 8 : 44 P.M. Also present were: Town Manager John Niccolls, Assistant to the Town Manager Jeffrey H. Minor, Town Attorney George M. Martin and Police Ser- geant George W. Hunt. Consideration of approval of minutes for the regular meeting of July 28, 1976 was deferred. In the absence of the Clerk, John Niccolls, Town Manager, was appointed Clerk Pro-tem. 76-0-14 - Ordinance - Amending Section 10-157 of the Town Code. Mr. Cole moved, seconded by Mr. Tolbert, adoption of an ordi- nance amending Section 10-157 of the Town Code, as follows : BE IT ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. That Section 10-157 of the Town Code is hereby amended to read as follows : Sec. 10-157. Parking or storing inoperative vehicles on property located within the town. (a) The provisions of this section shall not apply to licensed businesses which are legally engaged in business 111 as motor vehicle dealers, salvage dealers or scrap proces- sors. (b) As used in this section the word "operative" shall be construed as the minimum condition of the motor vehicle required to obtain a valid inspection sticker under the pro- visions of the Code of Virginia, Title 46. 1. As used in this section the words "motor vehicle" shall be construed as any motor vehicle, trailer or semi-trailer, as such are de- fined in Section 46. 1-1 of the Code of Virginia, as amended. As used in this section the term "economically impractical to make it operative" shallrefer to when the cost of re- pairs, including materials and labor at prevailing prices necessary to make the automobile operative, exceeds an a- mount equal to twenty-five percent of the value of the motor vehicle. As used in this section the word "garage- men" shall be construed to mean owners or operators of official state inspection stations as designated by the Superintendent of the Department of State Police. (c) It shall be unlawful for any person to park, store or otherwise keep, except within a fully enclosed building or structure, on any property as defined in the Code of Vir- ginia, Section 15. 1-11. 1, located within the corporate lim- its of the town, any motor vehicle the condition of which is such that it is economically impractical to make it operative. (d) Upon information that a motor vehicle exists in violation of this section, the town manager shall cause a written notice and order to be served by certified mail to the owners of the premises upon which the motor vehicle or motor vehicles is situated requiring removal of the inopera- tive vehicle in violation of this section. Within ten days after the receipt of such notice and order the owner of the premises may petition the town manager in writing requesting that he provide a written appraisal by two disinterested MINUTES OF AUGUST 11 , 1976 MEETING. gatagemen attesting as to whether it is economically im- practical to make such motor vehicle operative— The town manager shall provide such an appraisal to the owner with- in ten days of his receipt of such' petition.- If both ap- praisals confirm that repairs to the motor vehicle are economically impractical as used in this section, the motor vehicle shall be removed and disposed of in the manner pre- . scribed hereinbelow. The town manager shall rescind the notice and order described above if either of said apprais- als do ot confirm the motor vehicle as in violation of this sectionn. (e) If the owners have not acted to remove such in- operative vehicle or petitioned the town manager as provided above, the town through its agents or employees shall re- move the vehicle in violation and, following additional notice in the manner prescribe above, may dispose of said motor vehicle. The cost of said removal and disposal shall be chargeable to the owner of the premises. (f) If the sum due to the town for such removal and disposal has not been paid within fifteen days of said owner' s receipt of an itemized statement by certified mailing, the town manager shall and is authorized to distrain therefor goods and chattels within the town to collect the sum due, or to treat the unpaid sum as a lien against the property superior to the interest of any owner, . lessee ortenant, and next in succession to the town real estate taxes thereon and to add the charges to the amount due for the current town real estate taxes on said property. (g) Any person convicted of violating this section shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each day that such automobile is kept in violation of this section. SECTION II. That anemergencyexists and this ordinance shall be in full force and effect from and after its .pas- sage. Aye:. Councilmembers Bange, Cole, Titus, Tolbert and Mayor Newman. Nay: Councilmember Merrell. 76-0-1'5 - Ordinance - Amending Section 10-171 and Section 10-176 of the Town Code re Parking Meters. Mr. Bange moved, seconded by Mr. Cole, adoption of an ordinance amending Section 10-171 and Section 10-176 of the Town Code regard- ing parking meters as follows : BE IT ORDAINED by the Council of the Town of Leesburg, Vir- ginia, as follows : SECTION I. That Section 10-171 of the Town Code is hereby amended to read as follows : Sec. 10-171. Establishment of meter zones and parking time limits therein. Parking meter zones , with the following time limits for lawful parking, are hereby established as follows: (1) King Street, between Cornwall Street and Loudoun Street, for two (2) hour parking at any one time. (2) Market Street, between Church Street and Wirt Street, for two (2) hour parking at any one time, except that the time limit for lawful parking shall be fifteen (15) minutes at any one time in front of the Post Office property on Market Street. MINUTES OF AUGUST 11, 1976 MEETING. (3) Municipal parking area between Wirt Streef, King Street, Loudoun Street and Market Street for ten (10) hour parking, except that forty (405 spaces shall be designated for two (2) hour parking at any one time. (4) Church Street, from north side of Loudoun County Jail to Cornwall Street, for one-half (1/2) hour parking at any one time. SECTION II. That Section 10-176 of the Town Code is hereby amended to read as follows : (a) The owner or operator of a vehicle, upon entering a parking meter space marked as provided in this division with his vehicle, during the time parking meters are in operation, as provided by Section 10-175, shall immediately deposit a coin or combi- nation of coins of the United States in the parking meter situated at the side of the parking meter space so entered and shall operate the parking ' meter according to the instructions thereon. Fail- ure to comply with such requirements shall be un- • lawful. '-.! (b) Upon the deposit of a five-cent coin, ten-cent coin or twenty-five cent coin and placing the parking Z2 meter in operation, the parking meter space in ques- tion may be lawfully occupied during the period of time prescribed on the parking meter- legend for the particular amount deposited. (c) Parking meters located where two-hour maximum park- ing is permitted when properly operated shall be so adjusted that initial or additional five-cent or ten- cent coins may be deposited at any time throughout the two-hour period, as long as the two-hour limit is not exceeded by any one vehicle occupying the same space. The deposit of each five-cent coin shall permit the vehicle to be parked for a period of thirty (30) minutes ; and the deposit of each ten-cent coin shall permit the vehicle to be parked for a period of sixty (60) minutes. (d) The parking meters in parking lots owned by the mu- nicipality, upon which parking meter spaces have been marked and parking meters erected, shall require a deposit of five cents for a period of thirty (30) minutes or a deposit of ten cents for a period of sixty (60) minutes or twenty-five cents for a period of one hundred fifty (150) minutes where permitted. (e) Parking meters located where thirty (30) minute maximum parking is permitted when properly operated shall be so adjusted that a deposit of a five-cent coin shall permit the vehicle to be parked for a period of thirty (30) minutes. • (f) Parking meters located where fifteen (-15) minute maximum parking is permitted when properly oper- ated shall be so adjusted that a deposit of a five- cent coin shall permit the vehicle to be parked for a period of fifteen (15) minutes. (g) It shall be unlawful for the operator of a vehicle to park such vehicle, or to. permit such vehicle to remain parked, during daylight hours, except Sun- day and national •holidays, in areas controlled by parking meters on streets in the municipality (ex- cluding the municipal parking lot, except where the meter indicates otherwise) for a period longer than • two (2) hours from the time the vehicle is so parked in any such parking meter zone. 90 • MINUTES OF AUGUST 11, 1976 MEETING. SECTION III. That an emergency exists and this ordinance shall be in full force and effect from and after the instal- lation and adjustment of parking meters in accordance with . this ordinance. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. ay: ' - one:. . . . Resolution adopting Proposed Policies for the Leesburg Wastewater Facilities Planning Process. . There was discussion as to proper interpretation of the lan- guage of the proposed Policies. On motion of Mr. Bange, seconded by Mr. Herrell , Council voted unanimously to refer the proposed Policies for consideration at the Council workshop of August 18. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 76-124 - Resolution - Accepting an LEAA Grant from the State Division of Justice and Crime Prevention entitled "Im- proving Community Relations". Mr. Cole moved, seconded by Mr. Herrell, adoption of the follow- ing resolution: BE IT RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. That the State Division of Justice and Crime Prevention Grant entitled "Improving Community Relations" in the amount of $10, 260. 00 is hereby accepted. SECTION II. That the Town Manager is hereby authorized and directed to sign the "Special Conditions for Action Grant Awards" evidencing acceptance of the said grant award. Aye: Councilmembers Bange, Cole, Herrell, Tolbert and Mayor Newman.. Nay: Councilmembers Rock and Titus. 76-125 - Resolution - Approving a program of Waterworks Improvements. Mr. Bange moved, seconded by Mr. Rock, adoption of the follow- ing resolution: BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : That a program of waterworks improvements is hereby approved as follows: A. Water Supply Fluoridation. B. Myers Well Sand Control. C. Water System Automation. D. Alternate Power Sources for Myers , Phillips/Nickels and Paxton Wells . E. Distribution System Reinforcement - (1 ) 4800 feet of 12 inch water main extending from the existing standpipe to Market Street. (2) 2050 feet of 8 inch main along Ayr Street to Loudoun Street. (3) 3550 feet of 12 inch main in the southwest sec- tion of Leesburg along Valley View Avenue, Davis Avenue and Lee •Avenue. - F. Engineering evaluation of low pressure areas with recommended improvements to be considered by Council. Aye: Councilmembers Bange, Cole, Herrell , Rock, Tutus, Tolbert and Mayor Newman. Nay: None. 91 MINUTES OF AUGUST 11 , 1976 MEETING. 76-126 - Resolution - Authorizing a request for amendment of the 1976 Grant Agreement for Waterworks Projects with the U. S. Department of Housing and Urban Development and designating the Mana- ger to represent Leesburg in matters relating• to financial assistance for Water System Im- provements. Mr. Bange Moved, seconded by Mr: Rock, the following resolution: BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : SECTION I. That the manager is authorized and directed to request amendment of the 1973 grant agreement with the U. S. Department of Housing and Urban Development (HUD Project WS-VA-79-Contract W-III-73) to permit use of the remaining uncommitted grant of approximately $392, 000 for waterworks improvements. SECTION II. That -John Niccolls, Town Manager, is hereby designated to represent the Town of Leesburg, Virginia, in matters relating to the U. S. Department of Housing and Urban Development financial assistance for water system improvement projects. • t Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus , Tolbert and Mayor Newman. Nay: None. • 76-127 - Resolution - Authorizing a Contract with Chesapeake & Potomac Telephone Company re Comkey phone service. • Mr. Bange moved, seconded by Mr. Cole, adoption of the following resolution: BE IT RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : That the Town Manager is hereby authorized and directed to execute an agreement with the Chesapeake and Potomac Telephone Company of the Bell System providing for a 3- year "initial contract period" and incorporating the pro- visions for Comkey 1434 phone service in accordance with a proposal from Ron Slusher, Communications Consultant, dated July 12, 1976. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. • 76-128 - Resolution - Authorizing contract for asphalt overlay and making additional appropriation for fiscal year 1977 . Mr. Bange moved, seconded by Mr. Cole, adoption of the following resolution: 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 a unit price contract for asphalt paving with Tri-County Asphalt Company, Inc. , Leesburg, Virginia, for asphalt paving as set out in the 1976 street repair program at a price of $14. 25 per ton for S-5 asphaltic concrete in place plus $0. 42 per gallon for RC-2 bituminous prime with estimated quantities to be 3, 913 tons of asphaltic concrete and 500 gallons of prime at a total estimated cost of $55, 970. 25. 92 MINUTES OF AUGUST 11 , 1976 MEETING. SECTION II. That the following additional appropriation is hereby made for the fiscal year ending June 30, 1977 : • Account No. and Name Original Approp. Revised Approp. 10110-809 Street Resurfacing $ -0- $60, 000 Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman.. Nay: None. 76-129 - Resolution - Re Section 8 Application for Loudoun House. Mr. Titus moved, seconded by Mr. Rock, adoption of the follow- ing resolution: BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : That the Manager is authorized and directed to transmit a letter to the Area'Director of the U. S. Department of Hous- ing and Urban Development, describing objections to the ap- plication of Housing America for Section 8 eligibility for Loudoun House Apartments, as contained in an August 2, 1976 memorandum to council. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 76-130 - Resolution - Regarding the Loudoun. County Comprehensive Planning Process - Leesburg area. Mr. Titus moved, seconded by Mr. Rock, adoption of the follow- ing resolution: BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : That the draft letter attached to a memorandum to Council from the manager, dated August 2, 1976, is approved as the response to the County of Loudoun'.s request for advice re- garding the town s "Plans for Growth and Development. " Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 76-131 - Resolution - Making additional appropriation for fiscal year 1977. Mr. Bange moved, seconded by Mr. Herrell , adoption of the follow- ing resolution: BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : That the following additional appropriation is hereby made for the fiscal year ending June 30, 1977 : Account No. and. Name Original Approp.. _ Revised Approp. 50000. 803 Engineering $ 4, 000 , $ 29, 000 Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 76-132 - Resolution - Authorizing• purchase of one Sludge Applicator Vehicle from Big Wheels, Inc. and making an ap- propriation therefor. Mr. Titus moved, seconded by Mr. Cole, adoption of the follow- ing resolution: 93 MINUTES OF AUGUST 11 , 1976 MEETING. BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : SECTION I. That the manager is hereby authorized' and di- rected to enter into an agreement with Big Wheels, Inc. , Pax- ton, Illinois , for the purchase of one new sludge applicator vehicle in line with their bid dated July 23, 1976, at a cost not to exceed $40, 226. 00. • SECTION II. That the following additional appropriation is hereby made for fiscal year ending June 30, 1977 : Account No. and Name_i. Appropriation 10310-803 Sludge applicator vehicle $40, 226.00 Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus , Tolbert and Mayor Newman. Nay: None. Mr. Niccolls noted that Council members were provided written materials concerning a request for injunction filed against Mr. Ar- thur Phillips concerning a zoning violation, the finance report for July, 1976, a report on investment of inactive town funds, a memo- randum concerning the proposed community swimming pool at the J. Lupton Simpson Middle School site and the "evaluation of proposed school sites for a swimming pool in Loudoun County" provided by Mr. Tolbert. Mayor Newman reported an invitation had been extended by the Loudoun County Supervisors for councilmembers to attend a meeting at 7 : 30 P.M. , September 7, in the Loudoun County Supervisors meet- ing room to hear a dicussion of the objectives and procedures for "208" Study of Wastewater Management. 76-133 - Resolution - Releasing Performance Bonds on Sections 3 and 3-At Crestwood Hamlet. Mr. Cole moved, seconded by Mr. Herrell , adoption of the follow- ing resolution: WHEREAS , the developer of Crestwood Hamlet, Sections 3 and 3-A, has completed the physical improvements required , and WHEREAS , As-Builts have been received for these sections : BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : • That the Town of Leesburg accepts the physical improve- ments in Sections 3 and 3-A of Crestwood Hamlet and upon submission of a one-year maintenance bond, the performance bond is hereby released. *Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. Mr. Rock requested that the record reflect that a Memo from the Town Manager described, the recommended Hospitalization policy as "not an,.innrease en; compenombeos. " Mr; Niccolls replied tlaf his previous comments may have been misconstrued and that he would discuss the matter with Mr. Rock later, but that the Memorandum re- ferred to "take home pay" and not "total compensation. " Mr. Rock moved, seconded by Mr. Cole, and passed by unanimous vote, to adjourn the meeting at 9 : 15 P.M. Mayor Clerk of the Council Pro-Tem