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HomeMy Public PortalAbout1977_04_27 maw 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. • tseP 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. h: % �i! t �. 0.11.E 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 • A