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