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HomeMy Public PortalAbout1977_04_13 19 $ MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 13, 1977 . A regular meeting of the Leesburg Town Council was held in the Council Chambers, J10 West Loudoun Street, Leesburg, Virginia on April 13, 1977. The meeting was called to order by the Mayor at 7 : 36 P.M. , with Mr. Bange offering the, invocation, 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. , James A. Rock, C. Terry Titus and John W. Tolbert, Jr. ; also Assistant to the Manager Jeffrey H. Minor, Director of Engineering Andrew G. Shope and Town Attorney George M. Martin. The minutes of special meeting of February 20, 1977 and regular meetings of February 23, 1977 and March 23, 1977 were approved as written. There- were, two corrections to the minutes of March 9, 1977, they being on Page 181, bottom of the page, "Mr." Minor explained that, this 'would be funded"and -on Page 182, 4th line of paragraph following Resolution No. 77-34 "his client would make available mountain land", delete "on the. " . Mr. James B. Anderson, II; a resident of Leesburg, addressed Council concerning fire prevention. He spoke concerning the need for closer inspection and better standards in building codes and require- ments (those in existence now are minimal). It is up to the com- munity to try to enforce those regulations already in existence and to enact new ones . He cited facts and figures from a government publication "America Burning. " He urged Council to consider in- cluding in the upcoming budget a position of"Fire Prevention In- spector-Officer, ' such an officer to begin a program of fire pre- vention and reduction, with salary to be somewhere between $15,000 and $16, 000. Mr. Cecil B. Dickson, a resident of 130 West Market Street, asked Council to consider installation of a sewer line to serve his and other properties in the same block. He understood that the connection charge is $200. 00 Mayor Newman read a letter just received from Mr. George H. Olm- sted, Jr. , Executive Director of the Foundation for Aviation Career Training, asking that he be permitted to appear before Council at its workshop session on April 20th seeking a lease for a portion of the Airport. Ordinance amending Sec. 19-19 of the Town Code. A proposed ordinance amending the above-mentiofi9section of the Code was sent back to Workshop to be discussed in depth before a recommendation is made. 77-0-4 - Ordinance - Amending Section 13-17 of the Town Code re- garding the composition of the Planning Com- mission. On motion of Mr. Herrell , seconded by Mr. Tolbert, the following ordinance was proposed: ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. Section 13-17 of the Town Code is hereby amended to read as follows : Sec. 13-17. Composition, appointment, qualifications and terms of members. The number of members of the municipal planning commis- sion shall be seven. One of the members shall be a member of the council , appointed by the council , whose term of of- fice shall correspond to his official tenure of office as a council member. The council shall also appoint the remain- ing six members , which members shall be known as "appointed members". One of the appointed members may be a member of the administrative branch of government of the municipality, whose term of office shall correspond to his official tenure of office as a member of the administrative branch of govern- MINUTES OF APRIL 13, 1977 MEETING. ment of the municipality. Such appointed members shall be residents of the municipality and a majority shall be free- holders qualified by knowledge and experience to make de- cisions on questions of community growth and development. The term of office of the appointed members shall be four years. SECTION II. This ordinance shall be in full force and effect from and after its passage. After discussion, the ordinance was unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. Mr. Rock brought to other members ' attention that this is not an emergency ordinance, thus it would have to go through the proper channels of advertising for public hearing. On motion of Mr. Rock, seconded by Mr. Titus , Council voted unanimously to reconsider the ordinance: Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. .-i On motion of Mr. Rock, seconded by Mr Bange, Council voted unanimously to amend Section II of the ordinance to read as follows : SECTION II. An emergency is declared 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. The ordinance, as amended, was unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert, Mayor Newman. Nay: None. • 77-55 - Resolution - Authorizing and approving termination of Trans- American Airports, Inc. lease. On motion of Mr. Bange, 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 : An agreement memorializing the termination of the Trans- American Airports, Inc. lease at Leesburg Municipal Airport is hereby authorized and approved as •follows : 1. All of the leases held by TransAmerican Airports, Inc. and Chantilly Aviation, Inc. at Godfrey Field, Lees- burg, Virginia, are terminated as of February 2, 1977, at 10: 30 p.m. The Town of Leesburg is now the complete fee simple owner of the property which formerly com- prised the leases, and the Companies shall claim no in- terest in this property henceforth. 2. The Companies shall be authorized to continue to occupy the lease, however, until 12 : 00 p.m. , February 20, 1977. 3. The Companies, after February 20, 1977, shall be author- ized to occupy the small aircraft storage hangar until June 1, 1977 , after which time they will completely va- cate the small aircraft storage hangar. x 98 MINUTES OF APRIL 13, 1977 MEETING. 4. The Town will bill and attempt to collect the February tie-down rentals at TransAmerican' s prevailing rate. Of the tie-down fees collected, the proceeds will be divided between the Town and the Companies on a 50-50 basis. After the amount due to the Companies has been determined, a check will be made payable to Hall , Mona- han, Engle, Mahan & Mitchell , Attorneys for the Com- panies, and such payment shall be made as soon as is reasonably practical after the tie-downs have been col- , lected. The Town should know that Hall, Monahan, Engle, Mahan & Mitchell has a filed Perfected Security Interest in all of the accounts receivable and receivables of the Companies ; thus, no other creditor' s assertion of any lien in or to these tie-down fees would be valid. 5. The Town will attempt to collect all accounts receivable which remain outstanding and payable to the Companies. The Town shall be authorized to retain 10% of the a- mounts collected, and as soon as is reasonably practical, . will draw a check payable to Hall, Monahan, Engle, Mahan & Mitchell , Attorneys for the Companies. The Town should be advised that the Security Interest referred to in Paragraph 4 will also apply to these receivables. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. • 77-56 - Resolution - Authorizing negotiations for lease with C & F Aviation Company at Leesburg Municipal Airport. On motion of Mr. Rock, seconded by Mr. Titus, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : A proposed lease of approximately 10 acres of land at Leesburg Municipal Airport to C & F Aviation Company of Leesburg (Mark Fowler and Mike Curry, partners) is hereby approved, and the Town Attorney shall prepare a proposed lease agreement for Council consideration. There followed lengthy discussion on this matter. A letter from Mr. William H. Whittle of the FAA recommended that there"be a moratorium on new leases until the Town has had the opportunity to plan the orderly development of its Airport in accordance with the approved Airport Layout Plan. " Mr. Whittle also recommended that the Town consider making all or part of five areas south of the taxiway avail- able for bid for smaller or specialized FBO' s. One of these areas is at the present time leased to Blue Ridge Aircraft, Inc. It was noted by Mr. Rock that the Council has never adopted the Airport Master Plan, it was merely received and filed. However, it appears that the FAA wants the Town to follow its advice. In vihw of this, on motion of Mr. Rock, seconded by Mr. Titus, the following substi- tute resolution was proposed: • RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Council shall enter into negotiations for lease of ap- proximately 10 acres of land at Leesburg Municipal Airport requested by C & F Aviation Company of Leesburg (Mark Fowler and Mike Curry, partners) . • Mr. Herrell did not feel they should enter into any lease until the main lease is done - do it all at the same time. The substitute reso- lution was adopted by a vote of 6 to 1 : Aye: Councilmembers Bange, Cole, Rock, Titus, Tolbert and • Mayor Newman. Nay: Councilmember Herrell . 199 MINUTES OF APRIL 13, 1977 MEETING. 77-57 - Resolution - Authorizing the Town Manager to advertise for • bids and award a contract for three test wells. On motion of Mayor Newman, seconded by Mr. Bange, the follow- ing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION. I. The manager is authorizedand directed to adver- • tise for bids for the construction of three test wells and enter into a contract with the lowest bidder in an amount not to exceed $23,950. SECTION II. An appropriation is hereby made for the fiscal year ending June 30, 1977, of $23, 950 in Account No. 10300. 816. Mr. Titus requested that, in the future, account, numbers be desig- nated as to what they are. The resolution was unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. Cr: 77-58 - Resolution - Approvin an engineering agreement with Bengtson- DeBell, Inc. for the design and preparation of glans and specifications for well supply, build- ing and equipment. On motion of Mr.. Bange, seconded by Mr. Cole, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The Manager is hereby authorized and directed to enter into a contract with Bengtson-DeBell, Inc. , con- sulting engineers, Centerville, Virginia, for the design and preparation of plans and specifications for a well sup- ply, building and equipment as described in their March 11 , 1977 proposal #77-59 , in an amount not to exceed $15, 496. 00. SECTION II. An appropriation is -hereby made for the fiscal year ending June 30, 1977 to Account No. 10300. 816 in the amount of $15,496. 00. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-59 - Resolution - Authorizing the payment of costs related to off-site storm drainage facilities for Belmont Place Subdivision. On motion of Mr. Cole, seconded by Mr. Tolbert, the following resolution was proposed and adopted:, WHEREAS , off-site storm drainage facilities were non-existent or inadequate to accouuuodate storm water runoff from part of Belmont Place Subdivision; and WHEREAS, the Town had no plan for accommodating such runoff through lots 4 and 5, Prospect Hills, Section V; and WHEREAS, the developer of Belmont Place Subdivision, Bernard Carlton; installed additional storm water drainage facilities above and beyond that required by Town specifications at a cost of $5, 784. 38 to resolve off-site drainage problems ; and WHEREAS, the installation of these facilities has sawed future Town expenses of a like or greater amount; and 200 MINUTES OF APRIL 13, 1977 MEETING. WHEREAS, the pro-rata drainage improvement fee applicable to Belmont Place Subdivision totals $5, 784. 38 : NOW, THEREFORE, RESOLVED by the Council of the Town of Lees- burg, Virginia, as follows : SECTION I. The Director of Finance is authorized and di- rected to pay, after receipt of pro-rata drainage improve- ment fees required by Section IV(D) of the Leesburg Sub- division, $5, 784. 38 to Bernard M. Carlton, Inc. , Route 2, Box' 108, Sydnor Drive, Leesburg, as the cost of• storm drain- age facilities installed• in accordance with plans approved by the Director of Public Works .by •Bernard' M•. Carlton, Inc. , developer of Belmont Place Subdivision, which were not re- quired by Town specifications but which resolved antici- pated off-site storm drainage problems. SECTION II. An appropriation of $5, 784. 38 is hereby made for the fiscal year ending June 30, 1977 to Account No. 10110. 810, Storm Drainage. Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and Mayor Newman. Nay: None. Abstention: Councilmember' Titus. • 77-60- - Resolution - Approving sewer extension for Prospect Hills Subdivision', Section 9. 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 : Extension of the municipal sewer works for Prospect Hills, Section 9, is hereby approved. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-61 - Resolution - Endorsing improvements to Route 7 within the Town. ' On motion of Mr. Bange, seconded by Mr. Cole, the following resolution was proposed and adopted: WHEREAS, the fiscal year 1978 budget for the' Virginia De- partment of Highways and Transportation provides tentative allocations for the improvement of Route 7 between the east corporate limits and Catoctin Circle and at the Morven Park Road/West Loudoun Street intersection; and WHEREAS, the improvements are necessary and in the public interest and have been previously endorsed and requested by this Council . THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. . The improvement of Route 7 between the east cor- porate limits 'and Catoctin Circle and' at the' Morven Park Road/ West Loudoun Street intersection is hereby endorsed and action by the Virginia Department of Highways and Transportation to approve allocations for these projects is recommended by this Council. SECTION II. A copy of this resolution shall be sent to the Department of Highways and Transportation and made a part of the District Public Hearing to be held April 15, 1977 . Aye: Councilmembers Bange, Cole, Herrell, Tolbert and Mayor Newman. Nay: Councilmembers Rock and Titus. 201 • MINUTES OF APRIL 13, 1977 MEETING. 77-62 - Resolution - Authorizing the Town Manager to advertise for bids and award a contract for sewer connection bor 120, 124 and 130 West Market Street. On motion of Mr. Bange, seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The Manager is authorized and directed to adver- tise for bids for the construction of the required sanitary sewer facilities to make sewer connections available to 120, 124 and 130 West Market Street and to enter into a contract with the lowest bidder in an amount not to exceed $13, 000. SECTION II. An appropriation is hereby made for the fiscal year ending June 30, 1977 of $13, 000 in Account No. 10300. 821. Mr. Reeves, owner of one of the properties involved, said he was ex- periencing no problems and this would double his water bill. Owners of another of the properties were present but had no comment. Mr. Dickson of 130 West Market Street had already expressed his desire Jj for this line inasmuch as he is having problems with his septic sys- .-i tem. Mr. Titus said the Town would appreciate the consideration of the other owners to hookon now or at a later date. The resolu- tion was unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. • Nay: None. 77-63 - Resolution - Authorizing Notice of Publication of Public Hearing on Application Number ZM-16 by John A. Wallace, Jr'. and Thomas W. Nails , Trustees. On motion of Mr. Cole, seconded by Mr. Tolbert, the following resolution was proposed and adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : A Notice of Public Hearing to consider Application Number ZM-16 by John A. Wallace, Jr. and Thomas W. Nails , Trustees, to have rezoned from R-2 to B-1 a tract of land- containing 0.9630 acres located on the north side of Edwards-Ferry Road shall be published in the Loudoun Times-Mirror on April 21, 1977 and April 28, 1977 for Public Hearing on May 11 , 1977 at 7 : 30 P.M. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and Mayor Newman. Nay: None. Abstention: Councilmember Titus. 77-64 - Resolution - Approving a request for continued funding of Police rnvestigator Grant. On motion of Mr. Bange, seconded by Mr. Cole, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: The Manager is authorized and directed to submit the neces- sary applications for continued Division of Justice and Crime Prevention funding of the existing--Police Investigator Program through calendar year 1978. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. i- a 2 �Y� MINUTES OF APRIL 13, 1977 MEETING. 77-65 - Resolution - Granting waiver of Sec. 17-63 of Town Code for Kiwanis Club of Leesburg for purpose of holding a circus. On motion of Mr. Tolbert, seconded by Mr. Cole, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Sec:: . 17-63 of the Town Code pertaining to Itinerant Vendors is hereby waived for-the Kiwanis Club of Leesburg for the purpose of holding a Circus in Virginia Village Shopping Center on Tuesday, May 17 , 1977 . Rock, Aye: Councilmembers Bange, Cole, Herrell, /Titus, Tolbert and Mayor Newman. Nay: None. - 77-66 - Resolution - Making appropriations for 1976-77. On motion of Mr. Rock, seconded by Mr. Herren, the following resolution was. proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : . The following appropriations are made for the fiscal year ending June 30, 1977 : Account No. and Name Amount 10300. 819 Utility Relocation $45, 011. 88 6010. 120 Storm Drainage Improve- . ments - Overtime 2, 000.00 There followed lengthy discussion concerning the cost of utility re- locations , with Mr. Titus voicing his feeling that the expenditure of $30, 000 of the taxpayers' money without authorization is a ser- ious problem. Mr. Shope explained that the contractors ran into unexpected problems - it was necessary to move these lines as quickly as possible in order to continue construction. He said they are re- viewing the bill now and Council will get it - they are negotiating with Hercules now and hope to get this bill _dowri to .$11, 000 or $12, 000. Mr. Bange referred to the cost of 8 men standing on the street with one man using a jackhammer and for flagmen that didn' t know what they were doing. Mr. Shope said he would like to pay Perry - their costs were reasonable and the work completed in a good manner. He also said it is impossible to keep some of the.men from looking around qt times - there are so many pipes in the ground downtown that"it7hike spaghetti. " On motion of Mr. Titus, seconded by Mr. Rock, Council voted unanimously to change the amount in the first item to $28, 63206: Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. The resolution, as amended, was then unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. - 77-67 - Resolution - Making an appropriation for the fiscal year ending June 30, 1977. On motion of Mr. Bange, seconded by Mr. Cole, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : MINUTES OF APRIL 13, 1977 MEETING. An appropriation is hereby made for the fiscal year ending June 30, 1977 , as follows : Account No. and Name Appropriation 9010. 207 Police Uniforms $1 , 000.00 Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. Mr. Tolbert noted that there is a lot of •broken glass to be cleaned up in the parking lot. a Mr. Titus called attention to several requests received recently for investigation - one is that of Mr. Robertsandanother from Mr. McDonald. Mr. Cole had received complaints concerning people parking in front of a fire plug-on Madison Court at its intersection with Monroe Street. This is the only fire plug in the area. Mr. Tolbert spoke concerning the bees -on 'North King Street. Mr. Minor has been looking into this and has been unable to contact the owner, however, it is hoped to get something done by the end of this week. They have also talked with Mr. Lynch and written a letter to him. Mayor Newman had received complaints from residents of King and Cornwall Streets concerning the noise by the contractors on the storm • drainage project. Mr. Shope said they start about 7 : 30 A.M. Mr. Bange had received questions concerning how much water has been put in the new tank. Mr. Niccolls' memorandum concerning this provided the answers. Two items of new business, namely, a request for waiver of site plan requirements and acceptance of a storm drainage easement were sent back to workshop due to objections by Mr. Rock. There was discussion concerning adjustment to utility bill for Mr. Roberts on West Loudoun Street. It was determined that there is a section of the Code providing for such adjustment. Mayor Newman called attention to a letter from Mr. William J. McDonald concerning the town' s newsletter "The Lamplighter". It was decided that the last issue planned for this fiscal year will be published since funds have been appropriated for it. A tear sheet will be included for citizens to express their feelings for or against publication of the newsletter. Mr. Minor said the text will be available for Council perusal at the next workshop session. It is noted that Mr. Titus left the meeting at this time. On motion of Mayor Newman, secon e r Bange, Council voted unanimously to go into executive sesTh on/td digOuss two legal matters : Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and Mayor Newman. Nay: None. On motion of Mr. Rock, seconded by Mr. Tolbert, Council voted unanimously to reconvene at 9 : 42 P.M. Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and Mayor Newman. Nay: None. 77-68 - Resolution - Concerning sewer service charges for J. Lupton • Simpson Middle School. On motion of Mr. Rock, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: 204 MINUTES OF APRIL 13, 1977 MEETING. RESOLVED by the Council of the Town, of Leesburg, Virginia, as follows : The 'Mayor is authorized to answer the letter dated April 7 , 1977 from J. B. Vorous, Chairman of the Loudoun County School Board, and to advise the School Board that the Leesburg Town Council has decided that the most desirable approach to re- solve the rate issue would be to have it submitted to a court of competent jurisdiction for a•decision. Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and Mayor .Newman. Nay: None. • On motion of. Mr. Rock, seconded by Mr. Tolbert, the meeting was adjourned at 9 : 45..P.M. . . _ Mayor _41 / . Clerk of tie Council • I • • • -i