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HomeMy Public PortalAbout1977_02_23 175 MINUTES OF REGULAR MEETING _OF LEESBURG TOWN COUNCIL, FEBRUARY 23, 1977. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on Feb- ruary 23, 1977. The meeting was called to order by the Mayor at 7 : 35 P.M. , with Mr. Tolbert offering the prayer, and 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. ; also Town Manager John Niccolls, Assistant to the Manager Jeffrey H. Minor and Town Attorney George M. Martin. Absent from the meeting was Councilmem- ber James A. Rock. Mayor Newman made the following statement : "I would like to apologize to our Town Manager, John Niccolls, for the episode that took place last Friday. I cannot speak for the other three council- men that were involved, but for my part it 'could best be called poor judgment. Now that Mr. Niccolls ' duties have been more clearly defined, I personally believe that some problem areas can be re- solved. " Mayor Newman called attention to one correction to be made in the minutes of January 12, 1977 , that being to change the word "cor- poration" to"company" in the second line under "Proposal by C & F Aviation Company. " Otherwise, the minutes of January 12, 1977 were approved as written. The minutes of the following meetings were ap- proved as written: January ,10, 1977 special meeting; January 16, 1977 special meeting; January 25, 1977 regular meeting; reconvened meeting of January 30, 1977 and reconvened meeting of January 31, s 1977. Mr. Mark Fowler, of C & F Aviation, submitted to Council a formal proposal for interim operation of the Airport, stating that they are fully prepared to discuss it and to assist in any way they can to help resolve some of the problems. Mayor Newman said Council would prefer to discuss this at Workshop session next Wednesday. Mr. Lee Johnson, of Federal Airways Corporation, also presented to Council a document for the interim operation of the Airport. Mayor Newman referred this proposal to Council workshop also, stat- ing that it has been a short time since Council has taken the Air- port back and they are not ready to make a quick decision. 77-0-2 - Ordinance - Amending Section 10-162 of the Town Code. On motion of Mr. Cole, seconded by Mr. Herrell, the following ordinance was proposed and unanimously adopted: Sec. 10-162. Settlement and compromise of charges for certain 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 at such location as prescribed on said envelope by 12 :00 noon of the next calendar day following the day of the violation or by paying to the town the sum of $5. 00 before the second dis- trict 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 viola- tion has passed and the violation remains unsettled, the per- son accused may settle the violation by paying the sum of $10. 00 to the town. •- Violations , other than meter violations, of any provision of this chapter, except as provided below may be compromised by paying to the town the sum of $5.00 be- . fore the second district court date from the day of viola- tion, which dates are on the first and third Mondays of each month at 2; 00 p.m. • (b'' �.+.f= e 176 • MINUTES OF FEBRUARY 23, 1977 MEETING. This subsection shall not be construed to apply to persons parking their vehicles so as to obstruct the entrance or exit of any place where police or fire depart- ment apparatus or other emergency equipment is kept -or housed or so as to block an emergency entrance to a hos- pital , nor shall it apply to any person charged with park- ing a vehicle so as to entirely obstruct traffic in -any - street or alley, or parking in such a way as to reduce traffic on an arterial street to -one-way -traffic only, nor to any person who refuses to remove. a vehicle illegally parked at the request of any member of the police depart- ment. (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 . 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 , Titus, Tolbert and Mayor Newman. - Nay: None. 77-27 - Resolution - Accepting Deed of Easement from Clinton S. Saffer, et ux, or storm drainage system. On motion of Mr. Bange, seconded by Mr. Herrell, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Deed of Easement made the 25th day of January, 1977, by and between Clinton S. Saffer and Virginia H. Saffer, his • wife, and the Town of Leesburg for the construction, recon- struction, maintenance, replacement or repair, use and in- spection: of a storm drain or storm sewer, including necessary appurtenances, of such character and sufficient size within the limit of said easement as to provide a proper and ade- • quate outlet over, across, through and under the land of the Grantor for a storm drainage system established by the Town, is hereby accepted and the Mayor is hereby authorized to ac- knowledge the same on behalf of the Town. Aye: Councilmembers Bange, Cole, Herren ,- Titus , Tolbert and Mayor Newman. • Nay: None. Resolution authorizing the_purchase of one police patrol vehicle and making an appropriation. On motion of Mr. Titus , seconded by Mr. Tolbert, a resolution to purchase a police patrol vehicle and making an appropriation was proposed. Lengthy discussion followed, with Mr. Bange feeling that the money for this car could better be used to send police officers to school, preferably the FBI Academy, while Mr. Niccolls felt money for the schools , particularly the basic police science course, could be included in the budget for the coming year. On motion of Mr. Bange, seconded by Mr. Tolbert, Council voted to send this item back to Workshop and asked that the Town Manager furnish additional information: Aye: Councilmembers Bange, Cole, Herrell, Tolbert- and Mayor Newman. Nay: Councilmember Titus. 77-28 - Resolution - Implementing a sewer rehabilitation program to reduce excessive infiltration and inflow. On motion of Mr. Bange, seconded by Mr. Cole, the following resolution was proposed: 1 77• MINUTES OF FEBRUARY 23, 197.7 MEETING. RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Town of Leesburg will , as funds become available,_ imple- ment a sewer rehabilitation program as indicated by the sewer system evaluation survey to be conducted as part of Phase II Wastewater Management Facility Plan. The schedule of rehabili- tation to reduce excessive infiltration and inflow into the sewerage system will be consistent with treatment facilities construction and federal regulations. After explanation by Mr. Niccolls, the resolution was adopted by a vote of 5 to 1 : Aye: Councilmembers Bange, Cole, Herrell , Tolbert and Mayor Newman. Nay: Councilmember Titus . 77-29 - Resolution - Making and repealing appropriations for. 1976-77 . On motion of Mr. Titus, seconded by Mr. Cole, the following reso- lution was proposed and unanimously adopted: RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : eat SECTION I. The following appropriations are made for the fis- cal year ending June 30, 1977 : Account No. and Name - Appropriation • No. 4020. 208 Finance - Adv. & Printing $ 800. 00 No. 10210. 212 Maint. of Bldgs. - Fuel Oil & Gas 1 , 000. 00 No. 10300. 120 Utility Lines - Overtime 2,000.00 SECTION II. The following appropriations made by Resolution No. 76-102 for the fiscal year ending June 30, 1977 are repealed: No. 10300. 107 Utility Lines - Labor (1 , 200.00) No. 10310. 805 Utility Plants Div. - Fluoridation (2, 500.00) Aye: Councilmembers Bange, Cole, Herrell , Titus , Tolbert and Mayor Newman. Nay: None. Mr. Sam Legard asked if the Airport matter will be discussed to- night. Mayor Newman advised that this has been referred back to the next Council workshop. Mr. -Robert C. Tullius of Group 44, Inc. presented to Council a proposal for interim operation of the airport. Town Manager Niccolls stated that the Mayor and members of the Council have been very kind and gracious to him during the past year and the Mayor certainly owes him no apology. He owes her and other members of the Council nothing but appreciation for this opportunity to become part of a very nice community. Mr. Niccolls had the following report : (1 ) Herbert Bryant -- Associates has returned the executed agree- ment for purchase or sale of the land fronting on East South Street connecting to Harrison Street authorized by Council at a price of $60, 000.00. This is just a little over $1 . 50 per foot for the acre- age involved. W. W. Wilson has been retained to repeat and verify a survey made earlier by him and Mr. Martin is doing a title search on this land. He will set a time for closing of this transaction. 78 MINUTES OF FEBRUARY 23, 1977 MEETING. (2) A contractor from North Carolina has the runway lights at the airport working again. The system to run these lights will be operational within two to three weeks. A progress report from Air- ways Engineering has been submitted on the design phase of the air- port improvements. . (3) Geologists and Health Department officials were. in Leesburg today with Mr. Shope and Mr. Chaves looking for well sites. Three have been identified on the Morven Park land - the director of the Foundation went with them and tentatively approved the sites as far as the Foundation is concerned. (4) He reminded Council of the workshop on February 28th at 7 : 30 on the Subdivision Ordinance. Mayor Newman said Council is aware that Mr. Rock has resigned from the Council effective March 31, 1977. She asked each member to be thinking about a replacement for Mr. Rock. Mr. Bange complimented the Fire Department on their work at the Livestock Market fire. He was thankful that the town had ap- proved the purchase of South Harrison Street - if that street had not been open, there could have been real problems. Also, Mayor Newman and Mr. Bange both thanked Mr. Clarence Jewell for use of the water from the quarry to fight this fire. Mr. Herrell commented that, until he read the paper tonight, he didn' t realize he operated in a "mental vacuum. " There being no further business, on motion of Mr. Bange, seconded by Mr. Tolbert, the meeting was adjourned at 8 : 05 P.M. Mayor C er o ounci '