HomeMy Public PortalAbout1976_11_10 1 26
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 10, 1976.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers, 10 West Loudoun Street,- Leesburg, Virginia on No-
vember 10, 1976. The meeting was called to order at 7: 35 P.M. by
the Mayor, with the invocation being given by Mr. Bange, and followed
by the Salute to the Flag. Present were: Mayor Mary Anne Newman,
Councilmembers Charles E. Bange, Gleri P. Cole, Stanley D. Herrell ,
Jr. , James A. Rock, C. Terry Titus and John W. Tolbert, Jr. ; also,
Town Manager John Niccoils, Assistant to the Manager Jeffrey H. Minor
and Town Attorney George M. Martin.
The minutes of the regular meeting of October 27 , 1976 were ap-
proved with one addition, that being to add the word "from" at the
end of the first line in the middle of Page 122.
Mr. Michael Curry addressed Council concerning the Rules and
Regulations adopted two years ago for the Leesburg Municipal Airport,
more specifically, the rule requiring that flight instruction must be
conducted by the fixed base 'operator. Mr. Curry requested permission
to conduct a part-time flight instruction activity - this to be a small
operation (approximately 250 hours over a two-yearperiod and not a
•
revenue-producing activit)) - any money he makes is spent on maintenance
of his personal plane. In fact, he found 'that very few -operations- at
the Airport are in accordance with the Rules and Regulations. Mr.
Niccolls said the rules and regulations have not been uniformly ap-
plied to such occasional or even some regular operation's at the Blue
Ridge area and this is one of the commitments the town will have to
make to any new fixed base operator - "unauthorized" operations will
not be permitted to continue at this- end of the field. However, he
felt that an occasional operation' such as Mr. Curry's is not an un-
reasonable request and he suggested that Mr. Curry submit a written
request to be formally approved or disapproved by Council.
Mr. David Pearce, who has been instructing at the Leesburg Air-
_- port since before the present airport was built, made- the same re-
quest. He has been designated a pilot examiner by the FAA and is
an aviation accident prevention counsellor and would like to see
the airport maintained. He was willing to work out an amicable
amount to -be paid to 'the' town for his activities. To Mr. Titus '
question, he replied that there are probably 25 to 30 others operat-
ing on a part-time basis at the airport. Mr. Niccolls advised Coun-
cil that the town has a list of persons and aircraft involved in
commercial operations. The owners of the Blue Ridge lease have been
informed that when a new fixed base operator starts , there will be a
system that is fair, equitable and reasonable to get such people
into compliance with the rules and regulations - nobody has any in-
tention of closing down the airport. Mr. Pearce felt that Council has
to weigh this very carefully insofar as the fixed base operator is
• concerned. He felt that the people providing such services should
pay an hourly rate to the town - they all have to share the cost of
maintenance of the airport.
•
76-0-20 - Ordinance - Amending Sections 10-162 and 10-179 of the
Town Code.
On motion of Mr. Rock, seconded by Mr. Tolbert, the following
ordinance was proposed and unanimously adopted:
BE IT ORDAINED by the Town Council of the Town of Leesburg,
Virginia, as follows :
• SECTION I. Sections 10-162 and 10-179 of the Town Code are
hereby amended to read as follows :
Sec. 10-162. Settlement and compromise of charges for cer-
tain parking violations.
(a) Any person accused of parking in a metered area
without putting a coin in the meter to cover the required
time may settle and compromise the charge against him for
such illegal parking by inserting, $2. 00- in the envelope
provided for such purpose and depositing the same in one
of the courtesy collection boxes attached to parking meter
standards near the middle of each block by 7 : 00 p.m. on the
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Lint),
MINUTES OF NOVEMBER 10; 1976, MEETING.
day of the violation or by paying,. to the town the sum of
$5:00 before the second district court date from the day
of violation, which such court dates are on the first and
' third Mondays of each month at 2 : 00 p.m.
After the second court date' from the day of violation
has passed and the violation remains unsettled, the person
accused may settle the violation by paying the sum of $10.00
to the town.
Violations, other than meter violations, of any provi-
sion of this chapter, except as provided below may be com-
promised by paying to the town the sum of $5. 00 before the
second district court date from the day of violation, which
dates are on the first and third Mondays of each month at
2 :00 p.m.
This subsection shall not be construed to apply to per-
sons parking their vehicles sd as to obstruct the entrance •
or exit of any place where police or fire department appa-
ratus or other emergency equipment is kept or housed or so
as to block an emergency 'entrance to a hospital, nor shall
CC , it apply to any person charged with parking a vehicle so
O as to entirely obstruct traffic in any street or alley, or
, parking in such a way as to reduce traffic on an arterial
C: street to one-way traffic only, -nor to any person who re-,
#7.Z fuses to remove a vehicle illegally parked at the request
of any member of the police department.
(b) A receipt shall be issued for all money received
pursuant to this section and such money shall be promptly
turned over to the treasurer to be used in the manner pro-
vided for the disposition of fines for traffic violations.
Sec. • •10-179. General penalty, for violation of division.
I , Unless otherwise provided, any person, upon being con-
victed of violating any provision 'of•'this division, or of -
aiding, abetting or assisting in the violation of any pro-
vision of this division, shall be punishable by a fine of
not less than $10.00 nor more than $50.00 for each offense,
or by imprisonment of not more than 5 days for each offense.
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 , Rock, Titus, Tolbert
and, Mayor Newman. •
Nay: None. ,
Proposed resolution authorizing a contract for storm drainage improve-
ments and making an appropriation therefor.
On motion of Mr. Rock, seconded by Mr. Herrell, a resolution
authorizing a contract for storm drainage improvements and making an
appropriation therefor was proposed. At 'the request of Mr. Titus, Mr.
Niccolls explained in detail the differences in the lump sum bid of
Hercules Construction Corp. and the individual 'bids of Perry Engineer-
, ing Company on these projects.. It is• recommended that Phases : I, II
and '9` be awarded to Perry Engineering and that Phase III be re-bid.
There followed discussion concerning outstanding easements for the ,
project, with Mr. Niccolls feeling that there should be no problem
with two of the three oustanding easements. Mr. Titus felt that he
could not vote in the affirmative for any contract until all of the
easements are in hand. On motion .'of Mr. Bange, seconded by Mr. Titus,
Council. voted 5 to 2 to table this resolution and bring it back to
the November 24th meeting. Mr. Rock emphasized the fact that it is
mandatory to bring it back to the next meeting.
Aye.: Councilmembers Bange, Cole, Titus, Tolbert and Mayor Newman.
Nay: Councilmembers Herrell and Rock.
tif. •�+_
128 MINUTES OF NOVEMBER 10, 1976 MEETING.
Proposed resolution to grant Village Square Antiques & Flea. Market
permission to hold- antique shows in June and October- of 1977.
Mr. Titus objected to considering this resolution tonight since
it has not been before the Workshop. He felt it is too early to grant
this permission and that this would not work out if there is a major
storm sewer project under construction on Market and Loudoun Streets
at that time. This proposed resolution was, therefore, tabled until
• a later time. •
Town Manager Niccolls had no report other than the Activity Re-
port submitted to Council on this date. ,
•
Mayor Newman reminded members of the following meetings :
(1) A conference on Historic Preservation and Urban Planning
will be held on Friday, November 12th, at the Quality Inn from 9 to 5.
2. A Community Relations program will be presented by the
Police Department on November 16 at 7 : 30 P.M. in Council Chambers.
3. NVPDC is sponsoring a Legislative Conference on November 18
at the George Maston University - Mr. Rock will be one of the speakers. _
-Mr. Bange inquired as to progress on the water transmission line.
Mr. Niccolls advised that complete restoration will not occur until
spring - it will be a matter of keeping the trenches properly back-
filled, keeping the dust down with calcium chloride and using tempo-
rary cold patches. Mr. Bange asked that a temporary, patch be put
in the ditch they are digging out to keep the mud out
Mr. Herrell suggested that the Nuisance ordinance be enforced if
the tanks are not removed from the creek on Sycolin Road very soon.
• Mayor_'Netm?an said that Mr. Titus reported cars 'parking on the
curves at the entrance to Rock Springs Heights Subdivision at the
last meeting. Cars are still parking in these locations. • '
Mr. Cole called attention to an incident at Leesburg Village
Apartments recently when the water was cut off and the residents were
not notified. He felt that, if at all possible, these people should
. be notified ahead of time. Mr. Niccolls said this was an 'error
it is normally done.
•
Mr. Titus asked the procedure for follow-up on letters sent to
property:owners 'concerning weeds. Mr. Niccolls said the town cuts
some with town forces and then bills the owner. In fact, the town
is still in the process of cutting some weeds. Mr. Titus felt that
the procedure should be done uniformly. •
Mr. Titus commented that Council has authorized the advertisement
of public hearing- for the 201 study for the sewage treatment plant
with his objection. He felt that this is a most important document
and should have been read thoroughly, perhaps corrected and then ad-
vertised. He also felt that this gives the appearance of ramming
• this down the throats of the public.
Mr. Tolbert asked to whom the old• mill belongs on Harrison Street
behind the Jack-in-the-Box property.. He felt that this is an eye-sore.
On motion of Mr. Titus, seconded by Mayor Newman, Council voted
to go into executive session to discuss personnel matters at 8 : 35 P.M.
On motion of Mr. Rock, seconded by Mr. Tolbert, Council reconvene
ab 8 : 38 P.M. There was no action taken. On motion of Mr. Rock, sec-
onded by Mr. Herrell, the meeting was adjourned at 8: 39 P.M.
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