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HomeMy Public PortalAbout1977_05_25 218 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1977. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg, Virginia on May 25, 1977 . The meeting was called to order by the Mayor at 7 : 39 P.M. , with the invocation being offered by Mr. Tolbert and fol- lowed -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 Town Manager John Niccolls, Assistant to the Manager Jeffrey H. Minor, Director of Engineering Andrew G. Shope and Town Attorney George M. Martin. The minutes of regular meeting of May 11 , 1977 were approved as written. Mr. Michael Curry said there is a severe safety problem at the Airport there are quite a few things needed at the present time. These items were brought to the attention of the operations manager, however, he is no longer employed by the Town and it is hoped that Council will proceed with the remedies recommended to make this a safer airport. Mr. Curry also asked for action by the Council by the June 8th meeting on the C & F Aviation Company proposed lease. He was advised that this' is on the Agenda for the Airport Advisory Committee meeting to be held on May 31st - perhaps Council might have a recommendation from the Commission for its June 1 workshop session. Mr. Curry also voiced his opinion in hoping that the proposed resolution terminating the services of Mr. Niccolls as Town Manager will be approved by Council. 77-0-6 - Ordinance - Amending the ZoningMap according to Application #ZM-16 by John A. allace, Jr. and Thomas W. Nails, Trustees . Mayor Newman read into the record letters endorsing the rezoning referred to above from Eleanor H. Sabotka and Mr. and Mrs. Blakely Simpson. On motion of Mr. Rock, seconded by Mr. Bange, the following ordinance was proposed: WHEREAS, the Council of the Town of Leesburg, Virginia, at a meeting held on December 23, 1976, referred rezoning ap- • plication numbered ZM-16 by John A. Wallace, Jr. and Thomas W. Nalls, Trustees, to the Leesburg Planning Couuuission for the purpose of holding a public hearing on the application and making a recommendation, as provided by Chapter 11 , Ar- ticle 8, Section 15. 1-493 of the 1950 Code of Virginia, as amended; and WHEREAS , the Leesburg Planning Commission, after due public notice, held a public hearing on January 6, 1977 , having heard all persons desiring to speak on the rezoning appli- cation; and WHEREAS, the Leesburg Planning Commission at a regular meet- ing held on March 3, 1977 , recommended to Council that the proposed rezoning be approved; and WHEREAS, the Council for the Town of Leesburg, Virginia, after due public notice, held a public hearing on May 11 , 1977, and heard all persons desiring to be heard on the rezoning appli- cation; BE IT ORDAINED by the Council of the Town of Leesburg, Vir- ginia, as follows : ' - • That the Leesburg Zoning Ordinance is hereby amended by re- vising the Zoning Map according to application number ZM-16 by John A. Wallace, Jr. and Thomas W. Nalls, Trustees, to change from R-2 to B-1 a tract of land containing 0.9630 acres, s 919 . MINUTES OF MAY 25, 1977 MEETING: located on the north side of Edwards Ferry Road and bounded by the properties of J. Blakely Simpson and Eva R. Simpson, Robert _E. Mack and Mary R. Mack and Slack Lane on the north, the properties of Full Gospel Church and Maphis F. Lunsford and Lydia Lunsford on the east, the properties of John A. Wallace, Jr. and Thomas W. Nalls, Trustees, and Bernice Joan Ramsey on the south and the properties of W. W. Culbertson :and Richard H. Hutchison, Jr. on the west. On motion of Mr. Bange, seconded by Mr. Herrell , the following amend- ment was proposed and adopted by a vote of 6 to 1 abstention: To add a Section II 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, Tolbert and Mayor Newman. Nay: None. • Abstention: Councilmember Titus . The ordinance, as amended, was then adopted by a vote of 6 to 1 ab- stention: Aye: Councilmembers Bange, Cole, Herrell 'Rock Tolbert and y Mayor Newman. g Nay: None. Abstention: Councilmember Titus. 77-0-7 - Ordinance - Granting a franchise to its successors and assigns, to use the streets and other public places of the Town of Leesburg, Virginia, for its poles, -wires, conduits, cables and fixtures. 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. , its successors and assigns, for a period of forty (40) years be and is hereby authorized and empowered to construct, maintain and operate its posts , poles, conduits, manholes, ducts, cables, wires and all other necessary overhead and underground apparatus on, over, along, in, under and through the streets, alleys, highways and other public places within the limits of the Town of Leesburg, in the County of Loudoun, and State of Virginia, and to use the property of other companies and permit other companies to use its property upon such arrangements as the two companies may agree; PROVIDED: (a) All poles erected by said Company shall be neat and symmetrical, and shall be so located as in no way to inter- fere with the safety or convenience of persons traveling on or over the said streets, alleys, highways and other public places ; and in the installation and maintenance of its under- ground system, said Company shall not open or encumber more of any street, alley, highway or other public place than will be necessary to enable it to perform the work with proper economy and efficiency. (b) The erection of poles and construction of conduits, under the provisions of this ordinance, shall• be subject to the supervision of a representative of the 'Town, and said Company shall replace and properly relay any sidewalk or street pavement which may have been displaced •ar •damaged by it in the construction and maintenance 'of its system. 220 MINUTES OF MAY 25, 1977 MEETING. (c) Space on one (1) crossarm of the poles erected or in one (1) duct of the conduits constructed, under the pro- visions_of this ordinance, shall be reserved, free of charge, for the purpose of carrying .wires of any fire alarm or po- lice telegraph system owned and maintained by .said Town, pro- - vided the said wires are placed and maintained in such a man- ner as maybe prescribed by 'the said Company, and in no case used td carry electric light or high-tension currents. (d) The said Company shall maintain its lines in good and safe order and condition; and shall at all times fully indemnify, protect and save harmless the said Town from and against all claims arising from the erection, construction or negligent maintenance of its said lines. SECTION II. Nothing in this ordinance shall be construed to ' grant unto the said Company any exclusive .right or to prevent a grant of similar privileges to other companies. SECTION III. This ordinance shall "be in full force and effect from and after its passage. On motion of Mr. Bange, seconded by Mr. Herrell , Section I of the ordinance was amended to read" twenty-five (25) years Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and Mayor Newman. Nay: Councilmember Titus. The ordinance, as amended, was then adopted by a vote of 5 to 2 : Aye: Councilmembers Bange, Cole, Herrell , Tolbert and Mayor Newman. Nay: Councilmembers Rock and Titus. 77-85 - Resolution - Authorizing advertisement for bids for telephone. franchise. On motion of Mr. Bange, seconded by Mr. Cole, the following resolution was proposed and adopted by a vote of 6 to 1 : RESOLVED by the Council pf the Town of Leesburg, Virginia, as follows : SECTION I. The annexed ordinance, entitled "AN ORDINANCE GRANTING A FRANCHISE TO ITS SUCCESSORS AND ASSIGNS , TO USE THE STREETS AND OTHER PUB- LIC PLACES OF THE TOWN OF LEESBURG VIRGINIA, FOR ITS POLES , WIRES , CONDUITS, CALBES AND FIXTURES. " be advertised once a week for four successive weeks in the Loudoun Times-Mirror, a newspaper published in the Town of Leesburg, Virginia, and having a general circulation in the Town of Leesburg; and that said advertisement shall invite bids for the franchise proposed to be granted in said Ordinance, which bids are to be in writ- ing and delivered to the presiding officer of the Council in open session, to be held in Council Chambers, on the thir- teenth day of July, 1977 , at 7 : 30 P.M. , the right being re- served to reject any and all bids. ' SECTION II. The invitation for bids to be published with said Ordinance shall be as follows : The Town of Leesburg, Loudoun County, Virginia, hereby invites bids for the franchise proposed to be granted in the following Ordinance, duly passed by the Council on the 25th day of May, 1977 , which bids are to be in writing and delivered to the pre- siding officer of the Council of said Town in open session, to be held in Council Chambers in said Town on the thirteenty day of July, 1977 , at 7 : 30 P.M. , the right being reserved to re- ject any and all bids. SECTION III. The successful bidder shall pay the cost of ad- vertising the franchise. Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and Mayor Newmn. Nay: Councilmember Rock. :its?; s0 MINUTES OF MAY 25, 1977 MEETING: 221 77-86 - Resolution - Authorizing an agreement and approving bond to guarantee installation of public improve- ments in Parker Subdivision, Lots 1, land 3. • ' ' On motion of Mr. Titus, seconded by Mr. Herrell , the following resolution was proposed and adopted by a 6 to 1 abstention vote: RESOLVED by the Council of the Town of Leesburg, in Virginia, as follows : The manager is authorized and directed to execute the stand- ard agreement, and certified check in the amount of $9, 771. 00 is approved, both of which are to guarantee-installation of public improvements in Parker Subdivision, Lots 1, 2 and 3, in accordance with plans approved- by the Director of Engineer- ing. • Aye: Councilmembers Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. Abstention: Councilmember Bange. Resolution - Terminating services of John Niccolls as Town Manager; Directing Mayor to appoint committee to search for new manager; Appointing Assistant to the Manager as interim Acting Town Manager; Directing Mayor to consult with •a Acting Manager on a day-to-day basis in the interim. s -On motion of Mr. Rock, seconded by Mr. Titus, a resolution con- cerning the above was proposed, but defeated,by the following vote: Aye: 'Councilmembers Rock and Titus . Nay: Councilmembers Bange, Cole, Herrell and 'Tolbert. Present : Mayor Newman. 77-87 - Resolution - Adopting a 'Purchasing Policy. I On motion of Mr. Bange, seconded by Mr. Cole, the following resolution was proposed and adopted by a vote of 5 to 2 :- RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The "Town of Leesburg in Virginia Purchasing Policy", sub- mitted to this Council on April 29, 1977 and on file in the Office of the Clerk of Council is hereby adopted. Aye: Councilmembers Bange, Cole, Herrell; Tolbert and Mayor Newman. Nay: Councilmembers Rock and Titus. 77-88 - Resolution - Authorizing a request for matching funds for the log cabin from the Virginia Historic Land- ' marks Commission. On motion of Mr. Rock, 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 submit the letter attached with a memorandum to the Council dated May 13, 1977 , to the Virginia Historic Landmarks Commission for a maximum grant of $7 , 500 to complete renovations to the Leesburg log cabin. • SECTION II. Copies of the funding request andthis resolution shall be sent to the Loudoun' Restoration -and Preservation So- ciety. Mr. Titus asked where the money is coming from for this -project. Mr. Niccolls explained that in the past fiscal year, the Town received $5, 000 as reimbursement for an earlier project on the cabin, and an 4 is 4 222 MINUTES OF MAY 25, 1977 MEETING. additional approximately $2, 500 came .to the Town by way of a set- tlement for a right=of=way -on-the •Potter'-s •Field property on Route 7 - it was ordered by the Courtthat. these funds be used for some capital improvement project. Mr. Titus -therefore assumed that this would authorize the Town to spend these funds in this fashion. Mr. Niccolls explained further that this resolution merely authorizes an application to the Virginia Historic Landmarks Commission to determine whether or not the Commission will come up with this $7, 500. Before any money can be spent, it must be appropriated by the Council and the contracts authorized. It was the consensus of Council that these funds would be spent for this project. Mr. Titus said he felt that these funds should be earmarked for this fund until an. answer is received from the Commission. The resolution was unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell , • Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-89 - Resolution - Revising appropriations for the fiscal year ending June 30, 1977. On motion of Mr. Hew ell , seconded by Mr. Cole, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : •• SECTION I. The appropriation to Acct. No. 9010. 109, Uni- formed Police Salaries, is reduced by $1 , 200.00 for._the fiscal year ending June 30, 1977 . SECTION II. An appropriation to Acct. No. 9010. 110, Police Overtime, in the amount of $1 , 200. 00 is hereby made for the 'fiscal year ending June 30, 1977. SECTION III. The additional appropriation made herein shall be used to conduct a parking survey, the results of which shall be included in Kamstra, Dickerson & Associates ' final Old and Historic District report. On motion of Mayor Newman, seconded by Mr. Cole, Council voted unani- mously to strike the word "additional ' from Section III : Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. There followed lengthy discussion concerning the need for such a survey, with Mr. Niccolls and Mr. Minor explaining in detail. Mr. Niccolls said the 701 Grant the Town received 'for .this project has a June 30, 1977 deadline, however, the Town has asked for a 30-day extension. There was -also some discussion concerning the words "made herein" used in Section III of the resolution, but it was felt that this definitely refers to the appropriation of $1 , 200.00 mentioned in Sections I and II. The resolution, as amended, was unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-90 - Resolution - Receiving and referring the application of Tavern. S9uare Associates for revision of the Zoning, District Map to the Planning Commission for Public Hearing and recommendation under Chapter 11, Title 15. 1 of the Code of Virginia, 1950, as amended. 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 : 23 MINUTES OF MAY 25, 1977 MEETING. The application of Tavern Square Associates, a Virginia Limited Partnership, for revision of the zoning district map, assigned Application No. ZM-17, is received and re- ferred to the Planning Commission for public hearing- and. recommendation under Chapter •11 . Title 15.1 of the Code . of Virginia, 1950, as amended. There followed lengthy discussion with regard to the rules by which such a request- should be initiated: It was felt that, since this has already been advertised for public hearing by the Planning Com- mission, Council should consider this resolution. Mr. Martin felt that he might have been responsible for the mix-up on this matter. This should be brought to the attention of the Planning Commission and the Commission should follow the procedural rules in the future. The resolution was adopted by a vote of 5 to 2 : Aye: Councilmembers Bange, Cole, Herrell , Tolbert and Mayor Newman. Nay: Councilmembers Rock and Titus. • 77-91 - Resolution - Making additional appropriations for 1976-77. On motion of Mayor Newman, 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 following appropriations are made for the- fiscal year ending June 30, 1977 : Account No. and Name • Amount 4100. 222 Pensions :& Ins. -Liability $ 1 , 200.00 • 4100. 225 Pensions & Ins. -Workmen' s - Comp. • 2, 500.00 4100. 241 Pensions & Ins. -Retirement- Va. Supplemental Ret. System 600.00 10210. 212 Maint. of Bldgs. -Fuel , Oil 300.00 14020. 213 Unallocated-Telephone 2, 000. 00 14020. 257 Unallocated-Xerox Machine 1, 200. 00 • 10310. 213 Utility Plants Div. -Telephone 80. 00 Aye: - :Cenncilrsambers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. Mr. Niccolls called attention to his report on the -NVPDC comments on the Wastewater Management Facilities Plan, along with a copy of comments by Mr. DeFalco of Johnson• and Williams. /There followed dis- cussion on this, with a decision to invite Mr: DeFalco and Mr. Rollins to attend Council ' s next workshop session for a more detailed explana- tion of this report and Mr. DeFalco' s rebuttal . statements.. Mayor Newman announced that the Airport Advisory Committee will be meeting on May 31st, the time also scheduled for another workshop session on the Budget. She, therefore, felt that the Budget should be discussed following the regular workshop session on June 1st and then set .an •additional time for further work on the Budget. Mr. Herrell commented on the editorial in today' s edition of the Loudoun Times-Mirror, wherein the paper quotes Council has be- come ineffective It is time, we think, for the members of the Leesburg Council to face up to their responsibilities as members of the Town s governing body. " He felt that it is incumbent on the Council to call in.a representative of the Times-Mirror to explain their rating system and why they think the Council is ineffective. 224 MINUTES OF MAY 25, 1977 MEETING. ' Mr. Titus asked when the storm drain structures downtowRi} oing to be completed? It has been approximately three weeks since any major work has been done downtown. Mayor Newman asked why they have to have all four corners dug up at the same time? There were other comments from Council members concerning this project, with all feeling that it is taking much longer- than expected; Mr. Shope said it is qfficult to tell a contractor how to do his work, es- pecially when/is still within his contract time: ' The contract time does not run out until tear the end of June. Former Mayor Dewey Hill said he is familiar with this project and the Council should praise itself that the job is being done. There are many contractors involved - the gas and water lines had to be moved- he didn' t. feel that ' the contractorcould be blamed entirely for the delay. The_people _in. downtown Leesburg will be thankful to the Council when this is done. "The town should bless it. " . Mr. Titus reported that the Airport Advisory Committee held an organizational meeting, at which time they discussed things they want . to try to accomplish. It was the general consensu , but not an of- ficial recommendation, that they do not entertain any bids for leases at the Airport until the main FBO lease is ready to go. Mr. Curry' s and Mr. Fowler' s attorney, Mr. Tom Nalls, ,has been- advised and he has advised them of this. The Committee feels it is necessary to meet with Mr: Niccolls- and the Airport consultant before any official recommendation is made. Mr. Herrell suggested that perhaps a reso- lution should be considered to give Mrs Curry an answer one way or the other, or at least a letter writtenby,_the_.Mayor..to tell him that Council will entertain no proposed leases until the main FBO lease is worked out. Mayor Newman said she would like some official communication before she does this. Mr. Niccolls reported that, in a meeting with the FAA engineer recently, -the-FAA recommended that all fill .material needed for the .new ramp come off of the Town' s property because it is available at the north end of the field. An addendum is going out on the bid documents which will require the contractor to pull the "borrow" material off of the Town' s land. Therefore, this matter should be solved for the Council very quickly. Mr. Rock commented that he did not sign the Waiver of Notice for the special meeting held on May .19th because he did not receive any notice. Mayor Newman explained that the meeting was called on short notice (approximately 20 minutes) and it was felt he .could not get here from Washington in that length of time. Rezoning Application No. ZM-18 - Alfred diZerega, III. A resolution concerning the above was on the Agenda under New Business, however, on objection from Mr. Herrell, this was not con- sidered at this time and was sent back- to workshop. Resolution authorizing publication of proposed budget and tax levy for 1977-1978 for public hearing. _ On motion of 'Mr. Cole, seconded by Mr. Tolbert, a resolution to publish the proposed budget on -June -9th and June 16th- for public hearing on June 22nd was proposed: Mayor -Newman pointed out that, in accordance with State law; seven days -must elapse between the public hearing and the adoption of the budget. There was discus- sion on- this , with several members not agreeable to publishing the budget until it is in final form. The resolution was defeated by a vote of 4 to 3 : _ Aye: Councilmembers Bange, Cole and Mayor Newman. Nay: Councilmembers Herrell , Rock, Titus and Tolbert. On motion of Mr. Rock, seconded by Mr. Herrell, the meeting was adjourned -at 8 :55 P.M. . • _ \ Mayor Clerk of e Council