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MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 27 , 1977 . 205
A regular meeting of the Leesburg Town Council was held in the
Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on
April 27, 1977 . The meeting was called to order by the Mayor at
7 : 37 P.M. , with Mr. Herrell offering the invocation, and followed
with the Salute to the Flag. Present were: Mayor Mary Anne Newman,
Cduncilmembers Charles E. Bange, Glen P. Cole, Stanley D. Herrell ,
Jr. , James A. Rock and John W. Tolbert, Jr. ; also Town Manager John
Niccolls, Assistant to the Manager Jeffrey H. Minor and Town Attor-
ney George M. Martin. Absent from the meeting was Councilmember C.
Terry Titus.
The minutes of regular meeting of April 13, 1977 were approved
as written.
A Public Hearing concerning the expenditure. of Revenue Sharing
Funds was opened by Mayor Newman. Notice of said hearing was
read by the Clerk. There was no-one to speak for this matter,
nor were there any suggestions concerning the use of these funds.
Councilmembers had no comment either. Mayor Newman, therefore,
declared the public hearing closed.
77-69 - Resolution - Granting waiver of site plan requirements.
On 'motion of Mr. Bange, seconded by Mr. Tolbert, the following
,..l resolution was proposed and unanimously adopted:
—.. WHEREAS the Leesburg Planning Commission has recommended the .
following waiver of Site Plan Requirements;
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I : The Site Plan Requirements of Chapter 9A of the
Leesburg Zoning Ordinance are hereby waived in accordance
with Section 9A-6-12 of said Zoning Ordinance, for a change
of use from residential to retail commercial for the proper-
' ty 'at 37 South King Street as per a written request from Mr.
Robert F. Desorosiers, dated March 23, 1977 .
SECTION II. Continuation of this Waiver requires that no
exterior structural alterations are made to the building
or off-street parking or loading facilities modified or
created.
AYE: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
Mayor Newman.
NAY: None.
77-70 - Resolution - Accepting Agreement between J. Terry Hirst
and Helene Hooppaw and the Town of Leesburg
for permission to construct storm drainage
improvements.
On motion of Mr. Bange, seconded by Mr. Cole, the following
resolution was proposed: •
RESOLVED by the Council of the Town of Leesburg, Virginia, •
as follows :
SECTION I. The agreement made the 8th day of April 1977 by
and between J. Terry Hirst and Helene Hooppaw and the Town
of Leesburg granting permission to the Town of Leesburg to
enter upon their lands to construct storm drainage improve-
ments on the condition that such grant shall not prejudice
their rights to obtain a proper sum for an easement and dam-
ages to the residue of their lands either by 'ultimate ne •
-
gotiation or through condemnation proceedings is hereby ac-
cepted.
SECTION II. As a condition to this agreement, the Town agrees
to relocate the existing sawdust Sand wood chip storage shed
located near the site of such improvements at an approximate
cost of $3, 900.00. •
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206 MINUTES OF APRIL 27 , 1977 MEETING.
SECTION III. The Mayor is hereby authorized to acknowledge
this agreement on behalf of the Town.
Mr. Niccolls explained that the $3, 900. 00 would be the cost to con-
tract this work - there is a possibility that 'the foundation might
be contracted and the Town Forces could then move the building.
The resolution was unanimously adopted:
Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and
Mayor Newman.
Nay: None.
77-71 - Resolution - ApprovingPerformance Bond for Commonwealth
Bank and Trust.
On motion of Mr. Herrell, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
' Performance Bond for completion of public improvements for
Commonwealth Bank and Trust in the amount of $3, 972. 65 is
hereby approved.
Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and
Mayor Newman.
Nay: None.
77-72 - Resolution - Expressing interest in Foundation for Aviation
Career Training facilities at Airport.
On motion of Mr. Rock, seconded by Mr. Cole, the following reso-
lution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The Council is interested in working with the Foundation for
Aviation Career Training in the development 'of headquarters
facilities at Leesburg Municipal Airport.
There followed some discussion concerning this proposal , with Mr.
Herrell stating that he could express some interest in it, although
he feels that a lease should be entered into with the' main FBO be-
fore others are allowed to lease space at the Airport. The reso-
lution was then unanimously adopted by a roll call vote:
Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
Mayor Newman.
Nay: None.
77-73 - Resolution - Authorizin the public sale of certain surplus
office equipment.
On motion of Mr. Cole, seconded by Mr. Herrell , 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 dis-
pose of certain surplus office equipment by public auction.
SECTION II. A Public Notice advertising the sale of the
surplus property shall be published in the Loudoun Times-
mirror on May 5, 1977.
On motion of Mr. Bange, seconded by Mr. Tolbert, Section I was
unanimously amended to read as follows
MINUTES OF APRIL 27 , 1977 MEETING. 201
SECTION I. The Manager is authorized and directed to dis-
pose of certain surplus office equipment by public auction
to be held on May 21 , 1977.
Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and
Mayor Newman.
Nay: None.
The resolution, as amended, was then- unanimously adopted:
Aye: Councilmembers- Bange, Cole, Herrell , Rock, Tolbert and
Mayor Newman.
Nay: None.
77-74 - Resolution - Making additional appropriations for the fiscal
year ending June 30, 1977.
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 :
Additional appropriations are hereby made for the fiscal
year ending June 30, 1977 , as follows :
Fel
Account No. and Name Appropriations
4050. 000 Independent Audit $ 250. 00
10300. 120 Utility lines - overtime 4, 000.00
10300. 291B Utility lines - Paxton
Well rental 2, 000. 00
10300. 265 Utility lines - capitaliza-
tion - Utility Plant assets 4, 500. 00
Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and
Mayor Newman.
Nay: None.
Town Manager Niccolls reported on the following items :
(1) A report concering the FBO lease at the Airport will be
presented on May 18th and Mr. Joel Crenshaw will be present to
discuss the main issues.
(2) The matter. of Paxton' Well 'repairs' shoufd be considered under
New Business.
(3) A communication has been received from Mr. Hanes, attorney
for Lesluke Corporation concerning the Carrvale Subdivision. He has
been advised that the request for water and sewer extensions will be
on the Workshop agenda for next week and will be considered at the
next regular meeting.
(4) The Francis .easement should also be considered under New
Business.
Mayor Newman called attention to two complimentary letters re-
ceived recently - one being from Mr. Cecil Dickson thanking Council
for its action to install a sewer line on West Market Street which
will benefit his property - the other from Paulette Jackson, former
reporter for WAGE thanking Council for its cooperation on her first
reporting job. Mrs. Newman also introduced Miss Lisette Dupre, new
reporter for WAGE.
Mr. Rock was concerned that the corners of Carlton Street have
not yet been painted. Mayor Newman called attention to the arrows
that need painting on Catoctin Circle. Mr. Niccolls advised that
the paint machine is"down", however, he has given instructions to
Public Works to either paint or erect "No Parking here to corner"
signs at the Catoctin Circle-Carlton Street intersection.
209
MINUTES OF APRIL 27 , 1977 MEETING.
Mayor Newman said she has not formally received a reply to
her letter to Mr. Vorous, Chairman of the School Board, however,
counsel for the School Board has contacted Mr. Martin and the Board
agrees to get an opinion from the Courts. She, therefore, instructed
Mr. Martin to proceed.
77-75 - Resolution - Making appointments to Airport Advisory Com-
mittee.
Mayor Newman said that Mr. John A. Wallace, Jr. is quite anxious
to get the Airport Advisory Committee activated again. . Names of two a
interested parties have been presented, and a brief background was
given by Mrs. Newman on Commander Milo Rumfelt and Mr. Carl Gregg.
On motion of Mrs. Newman, seconded by Mr. Bange, the following reso-
lution was proposed and unanimously. adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
Milo Rumfelt and Carl Gregg are hereby appointed to the Lees-
burg Airport Advisory Coimuittee for appropriate terms.
Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
Mayor Newman.
Nay: None.
It is noted' that the proper terms of office will be spelled out at a
later time.
77-76 - Resolution - Granting waiver of Sec. 17-63 of Town. Code for
Central Loudoun Little League for purpose of
holding a carnival .
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 17-63 of the Town Code pertaining to Itinerant
Vendors is hereby waived for Central Loudoun Little League
for the purpose of holding a carnival at Fireman' s Field
May 2 through May 7 , 1977.
Aye: ' Councilmembers Bange, Cole, Herrell , Rock, Tolbert and
Mayor Newman.
Nay: None.
Mr. Rock objected to considering the Francis easement tonight.
A five-minute recess was declared to allow Council to read a
report from Town Manager Niccolls and a letter from• Sydnor Hydro-
dynamics concerning the pumping facilities at Paxton Well. Council
reconvened and Mr. Niccolls explained further the problems being
encountered at Paxton Well.
77-77 - Resolution - Authorizing an a•reement with Sydnor Hydro- n
dynamics, Inc. or repairs at Paxton Well and
making an appropriation.
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 :
SECTION I. The Manager is authorized and directed to enter
into an agreement with Sydnor Hydrodynamics, Inc. , Box 27186,
Richmond, Virginia 23261, for work necessary to replace all
below ground parts at Paxton Well at a price not to exceed
$9, 396. 00, in accordance with the proposal recevied from
Sydnor Hydrodynamics, Inc. dated April' 25, 1977.
SECTION II. An appropriation is hereby made for the fiscal
year ending June 30, 1977 to Account 10300. 217 , Repairs to
Wells, in the amount of $6, 000.00.
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MINUTES OF APRIL 27 , 1977 MEETING. 209
Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
Mayor Newman.
•
Nay: None.
There was some discussion concerning the matter of "bees"
being kept by Mr. Whitmore on N. King Street. Mr. Minor reported
that he has talked with Mr. Whitmore and he has offered to build a
fence as a possible solution to the problem. If this does not help,
something else will have to be done.
•
Mr. Mike Curry asked if the lease presented by C & F Aviation
is the form that Council would like to use. He further said that
"time is of -the essence" - they want to provide service that is
needed at the Airport now. There followed lengthy discussion con-
cerning lease forms, with no conclusion being reached. It was felt
by Council that this matter should wait until the next Workshop
session, when C & F Aviation representatives will address Council
concerning this.
Mayor Newman asked what is planned for the properties owned by
the Town at 6 and 8 West Loudoun Street. Mr. Niccolls advised that
a -formal report and analysis will be presented to Council for its
next workshop session.
Mayor Newman also asked the status of the Town' s lighting proj-
ect - has anything been heard from VEPCO on this? Mr. Niccolls said .
he wrote a letter to Mr. Pryor today and should have a response
shortly. •
Mr. Bange called attention to the fact that there are 5 or 6
street lights out on Plaza Drive in the vicinity of the Loudoun
House''apartments. Mr. Niccolls said VEPCO is having electrical
problems out there - they are aware of it and have been working
on it.
Mr. Tolbert asked if the Town has an ordinance concerning dogs
running loose. He was advised that this is done by a County ordi-
nance, however, there seems to be a problem to get the County dog
warden to enforce this resolution- in town. There followed discus-
sion of other methods to combat this problem. •
On motion of Mr'. Rock, seconded by Mr. Tolbert, the meeting
was adjourned at 8: 30 P.M.
ayor
Clerk-of t e Council
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