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HomeMy Public PortalAbout1976_09_08 n'(4 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 8, 1976. 101 A regular meeting of the Leesburg Town Council was held in the Council -Chambers, -10 West Loudoun Street; Leesburg, Virginia, on September 8, 1976. The meeting was called to order by the Mayor at 7 : 31 P.M. , with the invocation being offered by Mr. Bange, and fol- lowed -with the _Salute to the Flag. Present were: Mayor Mary Anne Newman, Councilmembers Charles E. Bange, Glen P. Cole, Stanley D. Herrell , Jr. , James A. .Rock, C. Terry Titus and John W. Tolbert, Jr. ; also Town Manager John Niccolls, Assistant to the Manager Jeffrey H. Minor and Town Attorney George M. Martin. The minutes of the regular meeting of August 25, 1976 were ap- proved as written. 76-0-18 - Ordinance - Regarding the removal and disposition of un- attendee vehicles generally. On motion of Mr. Cole, seconded by Mr. Tolbert, 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 the Town Code is hereby amended by adding p a new section to be numbered Section 10-164, which shall read as follows: Section 10-164. Removal and disposition of .unattended ve- O hides generally. (a) Whenever any motor vehicle, trailer or semitrailer is found on the public streets or public grounds unattended by the owner or operator and constitutes a hazard to traffic or is parked in such manner as to be in viola- tion of law or whenever any motor vehicle, trailer or semitrailer is left .unattended for more than ten days upon any privately owned property other than the prop- erty of the owner of such motor vehicle, trailer or semitrailer, within the municipality, or is abandoned upon such privately owned -property, without the per- mission of the owner, lessee or occupant thereof, any such motor vehicle, trailer or semitrailer may, be re- moved for safekeeping by -or under the direction of a police officer to a storage garage or area; provided, however, that no such vehicle shall be soremovedfrom privately owned premises without the written request of the owner, lessee or occupant thereof. ,The person at whose request such motor vehicle, trailer or semi- trailer is removed from privately owned property shall indemnify the municipality against any loss or expense incurred by reason of removal, storage or sale. thereof. Each removal shall be reported immediately to the police department, and notice thereof shall be given to the owner of the motor vehicle, trailer or semitrailer as promptly as possible. . (b) . The owner of such vehicle or trailer or semitrailer, be- fore obtaining possession thereof, shall pay to the mu- nicipality all reasonable costs incidental to the removal, storage and locating the owner of such motor vehicle, trailer or semitrailer. Should such owner fail or re- . fuse to pay the cost or should the identity or where- abouts of such owner be unknown or unascertainable after a diligent search has been made, and after notice to him at his last known address and to the holder of any lien of record in the office of the division of motor vehicles of this state against the motor vehicle, trailer or semitrailer, the chief of police may, after holding the motor vehicle, trailer or semitrailer sixty days and after due notice of sale dispose of the same at public sale and the proceeds from the sale shall be forwarded by the chief of police to the municipal di- 'rector of finance; provided, that if the value of such motor vehicle, trailer or semitrailer be determined by three disinterested dealers or garagemen to be less than fifty dollars which would be incurred by such ad- 102 MINUTES OF SEPTEMBER 8, 1976MEETING. vertising and public sale ft may be disposed of by pri- vate sale or junked. The municipal director of finance shall pay from the proceeds of sale the cost of removal , storage, investigation as to ownership and liens and notice of sale, and the balance of such funds shall be held by him for the owner and paid to the owner upon -satisfactory proof of ownership. . (c) If no claim has been made by the owner for the proceeds of such sale, after the payment of the abovementioned cost of fifty dollars, the funds May be deposited to the general fund or any special fund of the municipality. Any such owner shall be entitled to apply to the munici- pality within three years from the date of such sale and if timely application is made therefor, the munici- pality shall pay the same to the owner without interest or other charges. No claim- shall .be made nor shall any suit, action or proceeding be instituted for the re- covery of such funds after three years from the date of such sale. SECTION II. That an emergency exists and this Jordinance shall• be in full force and effect from and after its passage. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. • 76-144 - Resolution - Making appointment to Planning Commission. • On motion of Mayor Newman, seconded by Mr. Tolbert, the following resolution was proposed: • • WHEREAS, John W. Davison, Jr. tendered his resignation as a member of the Leesburg Planning Commission on March 31, 1976, and WHEREAS, Commissioner Davison was appointed for a term of office to expire on December 31, 1977 : NOW,, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : That James L. Griffith is hereby appointed a' member' of the Leesburg Planning Commission to fill the unexpired term of John W. Davison, Jr. Mr. Bange objected to this appointment on the basis that this would make two men from C & P Telephone Company serving on this Commission. -The resolution was adopted by a vote of 6 to 1 : Aye: Councilmembers Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: Councilmember Bange. Resolution authorizing a contract with Hartzog, Lader and Richards and The Piedmont Environmental Council for the 1976 Old and Historic District Planning Program. On 'motion of Mr. Rock, seconded by Mr. Cole, "a proposed resolu- tion was proposed concerning the abovementioned contract. There fol- lowed discussion, with Mr. Rock voicing his support for this study, which he felt is in line with the Comprehensive Plan. Mr. Herrell felt the town did not need another study - he would prefer to see this money spent on more important projects. The resolution was de- feated by a roll call vote of 4 to 3 : Aye: Councilmembers Cole, Rock and Mayor Newman. Nay; Councilmembers Bange, Herrell, Titus and Tolbert. Mr. Rdck suggested the appointment of a special committee to make recommendations for improvements in the Old and Historic District. Mayor Newman said this could be discussed at Workshop. 103 MINUTES OF SEPTEMBER 8, 1976 MEETING: 76-145 - Resolution - Establishing a Department of Engineering and making appropriations therefor. - On motion of Mr. Rock, seconded by Mr. Herrell (for discussion purposes) , the following resolution was proposed: BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : SECTION I. That the organization for management of Com- munity Services as outlined in a memorandum dated August 27, 1976 from the manager is hereby approved. SECTION II. That the following additional appropriations for a "Department of Engineering" are hereby made for the fiscal year ending June 30, 1977 : 1976-77 CATEGORY ACCT. CODE APPROPRIATIONS DEPT. OF ENGINEERING 6010 Personnel Services birector 103 $ 12, 200 Assistants : 104 25, 030 7t Zoning Admin. /Insp. 3 Inspectors Engineer (Part time) X Secretaries (1/2 & 1/3) 105 4, 475 Total Personnel Services $ 41 , 705 Operations & Maintenance Office Supplies 201 400 Books & Publications 206 50 Travel & Subsistence 246 150 Training 245 400 I Advertising & Printing 208 500 Dues & Subscriptions 248 350 Moving Expenses 260 600 Total Operations & Maint. $ 2,450 Board of Zoning Appeals 6020 Operations & Maintenance Advertising 208 150 Total Board of Zoning Appeals $ 150 Total Department of Engineering $ 44, 305 SECTION III. That the following appropriations under the heading "Original Appropriations" are hereby reduced and reap- propriated as shown under the heading "Revised Appropriations" for the fiscal year ending June 30, 1977 : Original Revised Acct. No. Acct. Name Approp: Approp. 5010. 104 Asst. Inspector $12, 300 $ -0- 2010. 105 Secretaries 12,950 11, 275 10010. 104 Asst. (Engineer-Inspect. ) 15, 750 5, 250 10010. 105 Secretary (1/3) 4, 200 2, 800 5010. 105 - Secretary (1/3) 4, 200 2, 800 N - 50000. 104 Inspector 12,900 6, 330 Totals $62, 300 $28, 455 04 MINUTES OF SEPTEMBER 8, 1976 MEETING. Mr. Niccolls explained in detail the establishment of this depart- ment, stating that this resolution establishes a new position in the town service for a professional engineer and creates a budgetary allotment for the Department of Engineering -for two-thirds of a year, beginning November 1st. In answer to Mr. Titds ' question concerning building inspections, this does not make any decision on the building permit issue - this decision will have to be made by Council and would not be operative until- such time as the Council adopts a building code, a grading ordinance, etc. He also noted that the building inspector' s salary would be partially offset by building inspection fees. The resolution was adopted -by a vote of 5 to 2 abstentions : ' Aye: Councilmembers Bange, Cole, ' Rock, ' Tolbert and Mayor Newman. Nay: None. Abstention: Councilmembers Herrell and Titus. 76-146 - Resolution - Amending the Personnel Manual. • On motion of Mr. Rock, seconded by Mr. Titus, the following resolution was proposed: BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : SECTION I. Section III of the Town •of Leesburg Personnel Manual is hereby amended by additions and deletions to the . - chart entitled Classification by Occupational Group, " on page 53 of the Personnel Manual as follows: 1976-77 Authorization . Author. Grade No. No. Pay Range Director of Engineering 0 Town Engineer 1 14 $13, 150 - $18, 500 • Building Official/Insp. 0 Public Works Inspector 0 (For Revised ' - Zoning Admin. / . Authorization,' Inspector 0 see below. ) Inspectors 2 13 12, 300 - 18, 150 Inspector Zoning-Envir. 1 13 12, 300 - 16, 150 ' 1976=77 Revised Authorization ' Author.. Grade No. No. Pay Range • Director of Engineering 1 16 $15, 050 - $21, 150 Town Engineer 1 14 13, 150 - 18, 560 Building Official/Insp. 1 13 12, 300 - 16, 150 Public Works • Inspector 1 13 12, 300 - 16, 150 Zoning Admin. / Inspector 1 13 12, 300 - 16, 150 Inspectors 0 Inspector Zoning-Envir. 0 MINUTES OF SEPTEMBER 8, 1976 MEETING. 1 05 Mr. Niccolls advised that no transportation would be needed at this time. The resolution .was unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 76-147 .- Resolution - Authorizing contract for the purchase of park- ing meters and making an appropriation therefor. On motion of Mr. Rock, seconded by Mr. Tolbert, the following resolution was proposed: BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : SECTION I. That the manager is hereby authorized to enter into a contract with Rockwell International for the purchase of up to 250 parking meters , at a cost of $69. 25 each. SECTION II. That the following appropriation is made for the fiscal year ending June 30, 1977 : Account No. and Name Appropriation *� 10301-814 Parking Meters $17 , 350.00 After brief discussion, the resolution was adopted by a vote of 6 to 1 : Aye: .Councilmembers Bange, Cole, Herrell, Rock, Tolbert and Mayor Newman. Nay: Councilmember Titus. 76-148 - Resolution - Making an additional appropriation for 1976-77. On motion of Mr. Bange, seconded by Mr. Herrell , the following 111 resolution was proposed and adopted by a vote of 6 to 1 : WHEREAS, Johnson and Williams has performed work required in the preparation of Step One Grant Application and has submitted a bill for same; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : That the following appropriation is made for the fiscal year ending June 30, 1977 : Account No. and Name Appropriation 103107810 Facilities Plan $6, 250.00 Aye: Councilmembers Bange, Cole, Herrell, Titus, Tolbert and Mayor Newman. Nay: Councilmember Rock. 76-149 - Resolution - Making an additional appropriation for 1976-77 . On motion of Mr. Bange, seconded by Mr. Herrell , the following resolution was proposed and adopted by a vote of 6 to 1 : BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : That the following appropriation under the heading "Origi- nal Appropriation is hereby revised and reappropriated as shown under the heading "Revised Appropriation" for the purpose of employing a part-time meter attendant. Original Revised Account No. Account Name - Approp. Approp. 9010. 109 Uniformed Police $114, 150 $117,426 Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and Mayor Newman. Nay: Councilmember Titus. :10 6 MINUTES OF SEPTEMBER 8, 1976 MEETING. Mayor Newman asked for a progress report on removal of debris on the old ice house lot on Loudoun Street. Mr. Minor advised that he has talked with the owners of this lot. He has set a deadline of the second week in September - if this work is not accomplished by then, the town forces can go ahead and clean it up and charge the owners for the work. Mr. Bange advised that Planning Commission members have also inquired about this eyesore. Mr. Rock inquired as to the status- of the agreement with the School Board. Mr. Niccolls gave a progress report on this matter - the agreement should be returned from the School Board shortly. Mayor Newman called attention to a memo concerning a musical to be presented by the Washington Gas Light Company employees on September 10 in the Loudoun County High School Auditorium. This is being sponsored by the Leesburg Bicentennial Committee. She noted that entertainment for the cast will be taken care of by the committee itself. . In answer to Mayor Newman' s question concerning the selection of a consultant for the Airport improvements, Mr.. Niccolls advised that he has been working on the application for grant funds. There should be approval of this grant by September 30th. He hoped to have a recommendation for a consultant by next workshop. 76-150 - Resolution - Authorizing purchase. of a backhoe and making an appropriation therefor. On motion of Mr. Bange, seconded by Mr. Titus, it was moved that the proposed resolution be sent back to workshop. There fol- lowed discussion, with Mr. Niccolls explaining the bids received. The motion was then defeated by a .vote of 4 to 3: Aye: Councilmembers Bange, Cole and Titus. Nay: Councilmembers Herrell , Rock, Tolbert and Mayor Newman. On motion of Mr. Rock, seconded by Mr. Herrell , the following resolution was proposed and adopted by a vote of 6 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 a contract with Whitmore and Arnold, Inc. , Purcellville, Virginia 22132 for the purchase of one new International 260-A Payhoe equipped in accordance with the August 18, 1976 specifications issued by the Director of Public Works at a cost not to exceed $11, 944. 75, plus trade of the town' s 1970 International tractor with loader and backhoe. SECTION II. That the following appropriation is made for the fiscal year ending June 30, 1977 : Account No. and Name Appropriation 10200. 807 International 260-A Payhoe $11 , 944. 75 Aye: Councilmembers Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: Councilmember Bange. Mr. Rock inquired as to whether anything has been done with re- gard to his earlier complaint about the VEPCO right-of-way between S. King Street and Dry Mill Road. Mr. Minor advised that a meeting has been set with VEPCO officials on the site for this Friday. • Mr. Titus called to Councilmembers' attention the improvements made to properties in the downtown area in the last few months. He suggested the possibility of an award to a businessman in line with these improvements... Mayor Newman felt that a lot of credit goes to Mr. Minor with his administration of the property nuisances adopted by the council - this in itself has improved the appearance of the town. • MINUTES OF SEPTEMBER 8, 1976 MEETING. Mr. Herrell inquired concerning the catch basin problem at 57 S. King Street. -Mr. Niccolls advised that this will -be taken care of. He asked that council members report such situations - -they should be taken care of routinely. He said they are trying to establish a follow-up system in the Public Works Department. Mr. Bange had the following items : (1) He noted that the weeds at the west triangle have been cut. He inquired whether those on the sides of Market and Loudoun Streets could be sprayed. (2) He received a telephone call from a resident on Edwards Ferry Road in the vicinity of Loudoun House apartments. It was suggested that perhaps a fence could be put around this property. Mr. Bange noted that this was discussed a year ago and nothing done. Mr. Cole said he had received a complaint on this also. It was sug- gested by Mr. Titus that perhaps a meeting could be arranged be- tween a representative of council and the management of Loudoun House. Mr. Niccolls said he 'would try to arrange such a meeting for a workshop session. (3) He was not present at the last Council meeting (he was on vacation) when Council authorized the manager to move ahead with the remodeling of the present town office building. He said he had voted against this project continuously and would have done so at the last meeting had he been here. He felt that you cannot stretch the build- s ing - even though you move the interior around, there are still only so many square feet. He felt that the $140, 000 being spent for this project could have gone a long ways toward storm drainage in the downtown area, toward widening some of the streets or installing sidewalks, or some sort of hard surface, along Edwards Ferry Road from Prince Street to its end. Mr. Titus asked what has happened to the work to be done on West Loudoun Street from the church west to Ayr Street. Mr. Nic- cols said the drainage is included in the plans to be bid in Oc- tober - there is no plan for street widening at this time. Dis- cussion ensued on not only this project, but on streets that other council members feltr 4i d be included in future projects as well. Mr. Titus requestedFanistYof capital improvement projects. Mr. Niccolls suggested a round table on projects needing to be done, but stated that an effective capital improvements budget would take a substantial length of time. Proclamation - "Constitution Week" . On motion of Mr. Rock, seconded by Mr. Herrell, the following Proclamation was unanimously adopted: WHEREAS, September 17 , 1976 marks the one hundred eighty- ninth anniversary of the adoption of the Constitution of the United States of America by the Constitutional Conven- tion; and WHEREAS, to accord official recognition to this memorable anniversary, and to the patriotic exercise that will form a noteworthy feature of the occasion, seems fitting and proper; and WHEREAS, Public Law No. 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, • NOW, THEREFORE, I, MARY ANNE NEWMAN, by virtue of the au- thority vested in me as Mayor of the Town of Leesburg in the State of Virginia, do hereby proclaim the week of Sep- tember 17 through 23, 1976 as CONSTITUTION WEEK in the Town of Leesburg, and urge all our citizens to pay special attention during that week to our Federal Consti- tution and the advantages of American Citizenship. 108 MINUTES OF SEPTEMBER 8, 1976 MEETING. IN WITNESS WHEREOF, I have hereunto set my hand and .caused the seal of the Town of Leesburg to be affixed this 8th day of September in the year of our Lord one thousand nine hundred and seventy-six and the independence of the United States of America, the two hundredth. • Mayor, Town of Leesburg (SEAL) . Clerk of the Council Mr. Bange requested that roll call votes be done in alpha- betical order on the first resolution and reverse the alphabetical order on the next successive vote. • On motion of Mr. Rock, seconded by Mr. Tolbert, the meeting was adjourned at 8 : 35 P.M. _ Mayor Clerk o ti ouncil • • • 1