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HomeMy Public PortalAbout1977_01_12 150 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 12, 1977, AND PUBLIC HEARING ON COMMUNITY DEVELOPMENT FUNDING PREAPPLICATION. A regular meeting of the Leesburg Town Council was held on Janu- ary 12, 1977 in the Council Chambers, 10 West Loudoun Street, Lees- burg, Virginia. The meeting was called to order by the Mayor at 7: 33 P.M. , with Mr. Bange offering the prayer and followed with the Salute to the Flag. Present were: Mayor Mary Anne Newman, Council- members 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 Public Hearing of December 7 , 1976 were approved as written. ,Proposal byC & F Aviation Company. Mr. Mchael Curry introduced Mr. Mark Fowler, his partner in a new company; C & F Aviation Company. Mr. Fowler' presented C & F' s proposal to seek a limited fixed base operator status to lease a certain portion of the airport to operate a commercial aero- nautical activity, along with the necessary consent, permits and li- censes issued by the Council for same. Mayor Newman advised that Council would like time to read through this document and will con- tact them after -this has been done. On motion of Mr. Titus, seconded by Mr. Cole, Council voted unanimously to refer this to the Airport Advisory Committee for study. Public Hearing on Community Development Funding Pre-application. A public hearing was held at this time, with Mayor Newman ex- plaining that its purpose is to receive suggestions for community development projects in Leesburg. Such projects must be princi- pally designed to benefit low or moderate income families . The Notice was read by the Clerk. There was no-.one present to speak either for or against this project. The five target areas for such a project are as follows : #1 Fairview Subdivision #2 Loudoun Street Area #3 Waverly Heights #4 East Royal Street Area #5 Sycolin Road Area The projected total for these areas is $433, 709. Mr. G. Dewey Hill asked if this includes the storm sewer project for the Loudoun Street area. Mayor Newman said this is already under contract, however, the curb, gutter and sidewalk for this area are in- cluded. Mr. Michael Curry asked for an explanation of the Sewer Connec- tion Program. Both Mayor Newman and Mr. Minor explained that it is intended to apply for funds for low-income families where the sewer line is available but not connected. There was discussion concerning which properties would be eligible for such funds, with some of this discussion centering around the Davis residence on Sycolin Road. It was felt that this property would not be eligible since the connection has been paid for but not used. Mr. Niccolls further explained that there are homes with inside plumbing facilities presently connected to septic tanks . Eventually there will be orders to connect these and some of them might be eligible for grant funds. Mr. Minor said this is a pre-application for a total amount of money. After this has been submitted and HUD comes back with a specific amount, hope- fully, then Council will have another opportunity to look at the tentatively approved program from HUD. The deadline for submittal for this preapplication is February 15th and it will be much more detailed. Mr. Hill asked if these funds could be used for those who can afford to hook onto the sewer system or for those having malfunction- ing systems. It was explained that this is strictly for low-income families. Mr. Curry asked if there will be another hearing on the details - he felt there should be some kind of documentation for the require- ments that must be met. Mr. Niccolls explained that eligibility is made under guidelines issued for income limits in the metropolitan region. These will be submitted to Council for approval and a de- tailed description will be available for those interested. He also 151 MINUTES OF JANUARY 12, 197T MEETING. pointed out_ that other parts of this program call for rehabilitation loans and grants for low or moderate income families - some of this sewer connection program could possibly be combined with this. He also pointed out that the $200 connection fee is available only• to those lots existing prior to a certain date - no new structures would be eligible. Mayor Newman said this is all public information and, when Council makes a final decision, anyone may see it. Also; the total amount available for the entire Northern Virginia area is something like $700, 000. Many communities in the area are applying for funds so if Leesburg gets enough for just one of these projects it will be fortunate. The public hearing was declared closed at 8 : 10 P.M. Resolution authorizing and directing a pre-application to the De- Cartment of Housing and Urban 'Development for discretionary ommunity Development Funds. On motion of Mr. Cole, seconded by Mr. Tolbert, a resolution on the above was proposed. On motion of Mr. Titus., seconded by Mr. Rock, a substitute resolution to refer this resolution to workshop and back to Council for the next meeting was proposed and unanimously adopted: Zb Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert 1-4 and Mayor Newman. Nay: None. Ordinance amending Sec. 10-83 of the Town Code re one-way streets . On motion of Mr. Rock, seconded by Mr. Bange, an ordinance amend- ing Section 10-83 of the Town Code re one-way streets was introduced. Mr. Niccefs explained the proposed changes. On motion of Mr. Titus, seconded by Mr. Cole, Council voted unanimously to delete Section II, the emergency clause, and go through the full procedure of advertis- ing, etc. : Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus , Tolbert and Mayor Newman. Nay: None. The Clerk was directed to publish the full text of the proposed ordi- nance on January 27 , 1977 and February 3, 1977 for Public Hearing on February 9, 1977 . The first reading of the proposed ordinance, as amended, was then unanimously approved. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-1 - Resolution - Authorizing and approving a wastewater management facilities plan for the Town of Leesburg. • On motion. of Mr. Bange, seconded by Mr. Rock, the following resolution was proposed and adopted by a vote of .6 to 1 : WHEREAS, Leesburg is required to adopt a Step I Wastewater Management Facilities Plan by February 11 , 1977 under the terms of Section 201 of United States Public Law 92-500, and WHEREAS, following required public notice, a public hearing was held by this Council on December 7 , 1976 to afford inter- ested persons opportunity to comment on the draft Wastewater Management Facilities Plan for the Town, and WHEREAS, a general summary of the Plan was prepared and made available 'to interested persons prior to the hearing: NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The document entitled "Wastewater Management Fa- cilities Plan, " dated November, 1976, prepared by Johnson and 152 MINUTES OF JANUARY 12, 1977 MEETING. Williams, engineering -consultants (as amended to delete in- accurate comments regarding development pressures) including Alternative No. 7 as the recommended treatment method is ap- proved as the Step I Wastewater Management Facilities Plan for the Town of Leesburg pursuant to Section 201 of the Federal Water Pollution Control Act Amendments of 1972. SECTION II. Following completion of Chapters IX, X and XI of the Plan to support and document approval of Alternative No. 7 , the Clerk of the Council is authorized and directed to transmit the necessary copies of the approved Plan along with copies of this resolution to the Virginia State Water . Control Board. SECTION III. A copy of the Plan, complete with all amend- ments and additions , shall be on file in the Office of the Clerk of the Council . Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and Mayor Newman. Nay : Councilmember Titus. Mr. Titus asked when Council is going to s=_t a policy for water and sewer outside and inside the corporate limits with respect to the above document. Mayor Newman asked that a policy statement con- cerning the wastewater management facilities plan be discussed at the next Council workshop and suggested that council members bring along the proposed policy statement from sometime ago - perhaps this can be used as a basis, making changes or' starting anew. 77-2 - Resolution - Authorizing preparation'of construction plans for water system automation and alternate power sources. On motion of Mr. Rock, seconded by Mr. Tolbert, the following resolution was proposed- and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Bengtson-DeBell , Inc. , consulting engineers, is authorized under its August 26, 1976 agreement with the town to pre- pare detailed plans, specifications, construction and bid documents for (1 ) water system automation improvements as described in the December, 1976 report on Project III, Water System Automation, 1976 Waterworks Improvements and (2) alternate power sources for Myers, Phillips-Nickels and Paxton Wells as described in the December 8, 1976 report on Project IV, Alternate Power Sources, 1976 Waterworks Improvements. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. ' 77-3 - Resolution - Authorizing an agreement for extension and use of sanitary sewer service to the J. Lupton Simpson Middle School . On motion of Mr. Rock, sconded by Mr. Tolbert, the following resolution was proposed : BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : The "Sewer Extension and Use Agreement for J. Lupton Simpson Middle School" dated December 1976, a copy of which is on file in the Office of the Clerk of Council, is hereby amended by the deletion of Section 10 thereof and the manager is au- thorized and directed to execute the amended agreement on be- half of the town. 1. 5°3 MINUTES OF JANUARY 12, 1977 . . Mr. Bange pointed out that this .is a substitute resolution. The reso- lution was then adopted by a vote of 6 for and 1 abstention: Aye: Councilmembers Bange, .Cole, Herrell, Rock,. Tolbert and Mayor Newman. Nay: None. Abstention: Councilmember Titus. Mr. Robert Butt, Superintendent of Schools, was pleased that an agree- ment has been reached on this matter, however, he said the School Board is aware that there is a difference of opinion concerning the sewer use charges and they would like torresolve this issue. He asked Council if it would be willing to submit this question to the Attorney General and abide by his decision. There was discussion concerning this, with Councilmember Rock asking why the Board would like to go to the Attorney General. Mrs. Jean Clements, attorney for the School Board, explained that the Board questions whether it would be subject to an out-of-town charge for sewer use subject to the amendment of Section 3-4 of the Town' s charter concerning the word "citizen". She asked that counsel for both parties prepare a letter asking the Attorney General for an opinion and that they be bound by his decision. After further discussion, it was felt that Council should consult with the Town Attorney in executive session following the close of this meeting. 77-4 - Resolution - Approving local Crdminal Justice Goals for fiscal year 1978. On motion of Mr. Rock, seconded by Mr. Herrell , the following resolution was proposed and unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : The problems, goals and objectives for local law enforcement as described in a memorandum from the Manager dated January 3, 1977 are approved for submittal to the Northern Virginia Dis- trict Planning Commission for incorporation in their Fiscal Year 1978 Northern Virginia Regional Criminal Justice Plan. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-5 - Resolution - Releasing performance bond of. Paul E. Bradshaw, Inc. for sewer line installation and accepting maintenance guarantee for same. On motion of Mr. Rock, seconded by Mr. Cole, the following reso- lution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : That the Performance Bond of Paul E. Bradshaw, Inc. in the amount of $7, 200, for sewer line installation on Dry. Mill Road be released, and that a certified check in the amount of $360 be accepted as a maintenance guarantee for one year. Aye : Councilmembers Bange, Cole, Herrell, Rock, Titus , Tolbert and Mayor Newman. Nay: None. 77-6 - Resolution - Making appropriations for 1976-77 . On motion of Mr. Rock, seconded by Mr. Tolbert, the following reso- lution was proposed and unanimously adopted:. BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : The following appropriations are made for the fiscal year ending June 30, 1977 : '154 MINUTES OF JANUARY 12 , 1977 MEETING. $ 1 , 000.00 Acct. No. 10200. 220 Equipment Maintenance Insurance. 1 , 840. 30 Acct. No. 11020. 800 Parks & Recreation - Capital Outlay. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. Mr. Niccolls reported that recommendations have been received from the Leesburg Fire Department, the Loudoun County Fire Marshal , the Town Police, Public Works and Community Development Departments concerning parking on East and .West Cornwall Street. A letter has also been received from Fire Chief Fiske, recommending that park- ing be removed from the north side for the entire length of Cornwall Street. Therefore, parking regulations will be issued to prohibit parking on the north side of Cornwall Street and the necessary signs will be erected after February 10, 1977 . Mr. Titus felt that the residents of Cornwall Street should be granted an opportunity to speak on this issue prior to February 10th. 77-7 - Resolution - Granting a waiver of site plan requirements to Leesburg Volunteer Fire Company. On motion of Mr. Bange, seconded by Mr. Titus , the following resolution was proposed: RESOLVED that the request for waiver of site plan require- ments be granted for the Leesburg Volunteer Fire Company for a proposed addition to the fire station on West Loudoun Street in the Town of Leesburg. Mr. John Pumphrey and Mr. Howard Willis , members of the Fire Depart- ment, were present to answer any questions. Mr. Willis distributed copies of plans for the addition and explained that this would be a structural steel building and will be available for any organiza- tion or community group wanting to use it, as well as serving for Fire Deparment sponsored events. There will be no structure over the easement on the east side and there will be approximately 62 parking spaces. The resolution was unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell, Rock; Titus, Tolbert and Mayor Newman. Nay: None. Mr. Royce Givens, representing Vanguard for Youth in Loudoun County, addressed Council concerning a program relating to the treat- ment and careofjuveniles in trouble with the law - those who are status offenders as opposed to criminal offenders. Money for this program has been budgeted by both the State and the County and they are now in the process of finding a building suitable for such a group. Such a facility would be operated basically as a home for possibly 10 juveniles (at the present time proposed for young ladies 12 to 14 .or 15 years of age) , with 24-hour a day supervision by coun- sellors. Two locations for such a home have been projected in Lees- burg and the Board of Supervisors has asked him to - present this pro - posal to the Council for thought and possibly a projected public hear- ing in the future. There followed a- questioning pet:_©d: - Mr. Givens pointed out that funding for this project would be by both the County and the State, with capital outlays for purchase of property being 50 - 50; salary - two-thirds State and one-third .local ; operating expenses - 100 percent by the State - or 70 percent State and 30 percent local over a five-year period. This program operates under the Department of Correction - Division of Youth Services. On motion of Mr. Titus, seconded by Mr. Rock, Council voted unani- mously to go into executive session to discuss legal and personnel mat- ters. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus , Tolbert and Mayor Newman. Nay: None. 155 MINUTES OF JANUARY 12, 1977 MEETING. On motion of Mr. Rock, seconded by Mr. BAnge, Council voted unanimously to reconvene at 11 : 30 P.M. There was no action taken. On motion of Mr. Rock, seconded by 'Mr. Herrell , the meeting was adjourned at 11 : 31 P.M. a �� I Mayor I _ �-�Jt-nom._./ Clerk of they ouncil T -ti 11 1