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MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 13, 1977.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on
July 13, 1977 . The meeting was called to order by the Mayor at
7 : 31 P.M. , with the invocation being offered by Mr. Tolbert, and
followed with the Salute to the Flag. Present were: Mayor Mary
Anne Newman, Councilmembers Charles E. Bange, Glen P. Cole, Stan-
ley 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 June 22, 1977 and public hear-
ing of June 23, 1977 were approved as written.
Bids for a franchise for telephone service for the Town of Lees-
burg were received at this time, with The Chesapeake and Potomac
Telephone Company of Virginia presenting the only bid in the amount
of $100. 00. Mayor Newman declared the bidding closed. The bid from
C & P Telephone Co. read as follows :
TO THE MAYOR AND COUNCIL OF THE TOWN OF LEESBURG, VA:
Gentlemen:
The Chesapeake and Potomac Telephone Company of Virginia bids
the sum of One Hundred Dollars ($100. 00) for the franchise proposed
to be granted in the ordinance, which has been advertised in the
Loudoun Times-Mirror, entitled, "AN 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. " -
And if the said franchise is granted to. The Chesapeake and Po-
tomac Telephone Company of Virginia, it will observe and perform all
the conditions and requirements contained in said ordinance and will
reimburse the Town of Leesburg for the cost of advertising the same,
and will give the bond as required by law.
A certified check for the sum of One Hundred Dollars ($100.00)
the bid hereby made, is herewith enclosed.
THE CHESAPEAKE AND POTOMAC TELE-
PHONE COMPANY OF VIRGINIA
Ls/ Lee C. Tait
Vice President
77-0-11. - Ordinance - Granting to The Chesapeake and Potomac Telephone
'Company of Virginia, its successors and assigns,
a franchise 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. Bange, seconded by Mr. Tolbert, the following
ordinance was proposed and unanimously adopted after presentation of
and reading of the required bond:
WHEREAS, this Council at a meeting held on the 25th day of
May, 1977 enacted an ordinance entitled "AN ORDINANCE Grant-
ing a franchise to The Chesapeake and Potomac Telephone Com-
pany of Virginia, its successors and assigns, to use the
streets and other public places of the Town of Leesburg, Vir-
ginia, for its poles , wires , conduits, cables and fixtures"
and a resolution entitled " A RESOLUTION Authorizing adver-
tisement for bids for telephone franchise" ; and
WHEREAS, such ordinance was published in the Loudoun Times-
Mirror, a newspaper having general circulation in the Town
of Leesburg, Virginia at least once a week for four successive
weeks as required by law, and a certificate of such publication
has been filed with the Clerk of Council of the Town of Leesburg;
and
251
MINUTES OF JULY 13, 1977 MEETING,.
WHEREAS, the presiding officer of the Council thereupon in-
vited bids for such franchise as required by law; and
WHEREAS, The Chesapeake and Potomac Telephone Company of Vir-
ginia submitted in writing a bid in the amount of $100.00 for
the franchise; and
WHEREAS, a bond in the amount of $500. 000 has been submitted
by said Company, in accordance with Section 15. 1-312, Code
of Virginia of 1950, as amended:
NOW, THEREFORE, ORDAINED by the Council of the Town of Lees-
burg, Virginia, as follows :
SECTION I. The Chesapeake and Potomac Telephone Company of
Virginia, its successors and assigns, for a period of twenty-
five years be and is hereby authorized and empowered to con-
struct, maintain and operate its posts, poles, conduits, man-
holes, 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 prop-
eity upon such arrangements as the two companies may agree;
PROVIDED:
(a) All poles erected by said Company shall be neat and sym-
metrical , and shall be so located as in no way to interfere
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 or damaged
by it in -the construction and maintenance of its system.
(c) Space on one (1) crossarm of the poles erected or in
one (1 )pduct of the conduits constructed, under the provisions
of this ordinance, shall be reserved free of charge, for the
purpose of carrying wires of any .fire alarm or police tele-
graph system-owned and maintained by said Town, provided the
said wires are placed and maintained in such a man_ner_as may
be prescribed by the said Company, and in no case used to
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 in-
demnify, protect and save hatless 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 bein full force and ef-
fect from and after its passage.
Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert
and Mayor Newman.
Nay: None. ..
252
MINUTES OF JULY 13, 1977 MEETING.
77-0-12 - Ordinance - Amending Section 17-1 of the Town Code to
revise the rate of tax on all real estate.
On motion of Mr. Merrell, seconded by Mr. Tolbert, the following
ordinance was proposed:
BE IT ORDAINED by the Council of the Town of Leesburg, Vir-
ginia, as follows:
SECTION I. That Section 17-1 of the Town Code is hereby
amended to read as follows :
Sec. 17-1 . Annual levy and rate of taxes.
Taxes shall be levied and collected in the manner de-
scribed by the provisions of this Code and other ordinances
of the municipality and laws of the state, for each fiscal
year beginning July first, and ending June thirtieth, until
otherwise changed, for the support of the municipal govern-
ment, the payment of interest on the municipal debt and for
other municipal purposes , as follows :
(1) The tax on all taxable real estate shall be at the
rate of $0. 26 on every $100. 00 of the assessed value thereof.
(2) All tangible personal property, excepting therefrom
the classes of household goods and personal effects classi-
fied in Section 58-829. 1 of the Code of Virginia, and includ-
ing the tangible personal property separately classified by
Sections 58-829. 2 and 58-829. 3 of the Code of Virginia, shall
be taxed at the rate of $1. 00 on every $100. 00 of the assessed
value thereof.
(3) All tangible personal property of all railroad, ex-
press, telegraph, telephone, power and other public service
corporations shall be taxed at the rate of $1.00 on every
$100. 00 of the assessed value thereof, and taxable real
estate of such public service corporation shall be taxed
at the rate of $1. 00 on every $100.00 of the assessed value
thereof.
(4) The tax on all bank stock subject to taxation
within the municipality shall be at the rate of $0. 80 on
each $100.00 of the taxable value of the share of the
stock in any bank located in the municipality, subject to
the provisions of Section 58-476. 2 of the Code of Virginia.
SECTION II. That an emergency exists and this ordinance
shall be in full force and effect from and after its pas-
sage.
Mr. Titus felt that the tax rate could be reduced. The Ordinance
was adopted by a vote of 5 to 2 :
Aye: Councilmembers Bange, Cole, Herrell, Tolbert and Mayor
Newman.
Nay: Councilmembers Rock and Titus.
Mr. Cole left the meeting at this time.
77-120 - Resolution - Authorizing notice of publication of Public
Hearing on Application Number ZM-17 by Tavern
Square Associates.
On motion of Mayor Newman, seconded by Mr. Bange, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
•
A Notice of Public Hearing to consider Application Number
ZM-17 by Tavern Square Associates to have rezoned from R-2
to B-1 a tract of land containing 78, 883 square feet located
253
MINUTES OF JULY 13, 1977 MEETING.
on the east side of Memorial Drive shall be published in
the Loudoun Times-Mirror on July 21 , 1977 and July 28,
1977 for Public Hearing on August 10, 1977 at 7 : 30 P.M.
in the Council Chambers , 10 West Loudoun Street, Leesburg,
Virginia.
Mr. Rock raised the question as to whether or not this is a perfunctory
measure - at what stage does the Council have any say at all? It was
indicated that the Council could take a position after its public
hearing. The resolution was unanimously adopted :
Aye: Councilmembers Bange, Herrell, Rock, Titus , Tolbert and
Mayor Newman. .
Nay: None.
Proposed resolution concerning restrictive covenant by White' s Ferry,
Inc. for Rezoning Application ZM-17 by Tavern Square Associates.
On motion of Mr. Bange, seconded by Mr. Titus, a resolution
was proposed to place a restrictive covenant of record on a tract
of land owned by White' s Ferry, Inc. , on which a rezoning applica-
tion has been filed and on which application the Town Council will
hold a public hearing on August 10, 1977 . Mayor Newman understood
that these buildings would be purchased by professional people -
they would not be rental units. She could foresee some problems
if any of these owners would vacate the property for one reason or
another - perhaps another owner would not be made aware of such a
covenant. There is also a question as to who would enforce such a
-' covenant - it would seem that this would be the Town' s responsibility
and some expense could be incurred. Mr. Martin agreed - such a cove-
nant would run to the Council - therefore, it would be up to the Town
to enforce it. He said he has done some research on this and he has
a serious question as to the validity of such a covenant - in some
cases it might be called contract zoning and would be in violation
of the the legislative function of the Council to enter into such a
contract. A case of this kind in Fairfax was held invalid and the
greater majority of such cases are opposed to the Council entering
into such a covenant. Mr. Rock asked if he was saying that this
could be contracting away the Council ' s legislative authority. Mr.
Martin said this could be an expression of the Court; also spot
zoning - you could be violating the Comprehensive Plan and the
zoning category.
Mr. Donald W. Devine, as an attorney and the Coummonwealth' s
Attorney, agreed with Mr. Martin. By accepting such a restrictive
. covenant on the land, the Council would be making a deal with the
owner for the owner' s private benefit and could be bargaining away
its legislative power. If Council feels this land is suitable for
professional offices, then it should rezone it to such a category,
but not with a restrictive covenant on it. He offered to submit a
legal memorandum, if desired, on the point that such a zoning is a
deal, it is contract zoning and has been held by most of the courts
considering it_ as illegal and violating the Master Plan. From a
personal standpoint, if this land is zoned B-1, then he would have
commercial property next door to his residence - he could then ask
that his land also be zoned commercial and share in the benefits.
However, with a restrictive covenant, he would get all the detriments,
but none of the benefits and neither would his neighbors. He felt
that this land should remain R-2 - it is not connected to any other
B-1 area. There are vast amounts .of B-1 and B-2 .areas and there is
undeveloped land in a B-1 area near the hospital . This is spot zon-
ing and, if a restrictive covenant is added to it, this would be
doubly illegal. Mr. Titus asked Mr. Devine if he has had such cases
before him as Commonwealth' s Attorney. Mr. Devine said he has -
there are some jurisdictions that allow this by statute, however,
even in some of these cases the statute has been overturned on the
grounds that the Council decides what use shall be made of that land,
but not at the persuasion of developers offering such restrictive
covenants. A roll call vote on the proposed resolution unanimously
defeated it:
Aye: None.
Nay: Councilmembers Bange, Herrell , Rock, Titus, Tolbert and
Mayor Newman.
9 ,) A
MINUTES OF JULY 13, 1977 MEETING.
77-121 - Resolution - Authorizing notice of public hearing on Pro-
posed Subdivision Ordinance.
On motion of Mr. Bange, seconded by Mr. Tolbert, the following
resolution was proposed and adopted by a vote of 5 to 1 :
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
A Notice of Public Hearing on the Proposed Subdivision Ordi-
nance shall be published in the Loudoun Times-Mirror on Aug-
ust 11 , 1977 and August 18, 1977 for Public Hearing on Aug-
ust 24, 1977 at 7 : 30 P.M. in the Council Chambers, 10 West
Loudoun Street, Leesburg, Virginia.
Aye: Councilmembers Bange, Herrell , Rock, Tolbert and Mayor
Newman. •
Nay: Councilmember Titus.
77-122 - Resolution - Adopting and establishingfiscal impact pro-
cedure .for new or expandd programs.
On motion of Mr. Rock, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
WHEREAS, the Town of Leesburg is continuously asked to ap-
prove participation in programs , federal , state or local , for
which there is little or no initial cost, and
WHEREAS , the decision to approve or not to approve might be
different if the incurred costs for the succeeding five years
were known,
NOW, THEREFORE, RESOLVED by the Council of the Town of Lees-
burg, Virginia, as follows:
•
SECTION I. The Town Council hereby adopts a fiscal impact
procedure by which every new program or expansion of an
existing or old program or activity that could involve addi-
tional funding shall carry with it a cost estimate for the
current year and for each of the first five years of said
program or activity.
SECTION II. The Town Manager is directed- to establish such
a procedure as is satisfactory to the Council, so that such
procedure becomes an operating part of the Town' s Government.
Aye: Councilmembers Bange, Herrell , Rock, Titus, Tolbert and
Mayor Newman.
Nay: None.
Proposed resolution concerning the filling and enclosure of a flood
plain area - Parcel M, Section 1, Virginia Village.
It was noted that counsel for the applicant has requested a
4-week deferment of this item Ondmotion of Mr. Titus, seconded by
Mr. Bange, a substitute motion/to withdraw this item from the Agenda
and send. it back to workshop. This motion was unanimously adopted
and Mr. Shope was asked to explain a report received from the con-
sultants at the workshop meeting:
Aye: Councilmembers Bange, Herrell, Rock, Titus, Tolbert and
Mayor Newman.
Nay: None. •
77-123 - Resolution - Renaming Arylee Avenue to Ayrlee Avenue.
On motion of Mr. Bange, seconded by Mr. Herrell , the following
resolution was proposed and unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows :
•
255-
MINUTES OF JULY 13, 1977 MEETING.
That Arylee Avenue, located in Andover Meadow, Section 1 ,
from Morven Park Road west to the Corporate Limits, is
hereby renamed Ayrlee Avenue.
Aye: Councilmembers Bange, Herrell , Rock, Titus , Tolbert
and Mayor Newman.
Nay: None.
77-124 - Resolution - Accepting public improvements and authorizing
acceptance of maintenance bond for Belmont Sub-
division.
On motion of Mr. Titus, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
WHEREAS, the subdivider/developer for Belmont Subdivision
has completed all public improvements in accordance with
Town Standards and Specifications, and these have been in-
spected and approved and as-built plans have been submitted
and approved,
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. The public improvements in Belmont Subdivision
are accepted for public use by the Town.
SECTION II. The maintenance bond in the amount of $4, 736,
approved by the Town Attorney, is accepted.
Aye: Councilmembers Bange, Herrell , Rock, Titus, Tolbert
and Mayor Newman. -
Nay: None.
Mr. Titusasked that a report prepared by .Town Manager Niccolls on
Pro-Rata Share be discussed at the next workshop.
77.-125 - Resolution - Authorizing. a contract with Tri-County Asphalt
Co. , Inc.
On motion of Mr. Bange, seconded by Mr: Rock, the following
resolution was proposed:
BE IT RESOLVED by the Council of the Town of Leesburg, Vir-
ginia, as follows :
SECTION I. The manager is authorized and directed to exe-
cute a unit price contract on behalf of the Town with Tri-
County Asphalt Co. , Inc. , P. O. Box 629, 'Leesburg, Virginia,
for Schedule I, II, III and IV, Improvements to Leesburg Mu-
nicipal Airport, in accordance with the Plans, Special Pro-
visions and Construction Specifications for ADAP Project
##5-51-0027-01 prepared by Airways Engineering Corp. , dated
May 6, 1977 and May 31 , 1977 , respectively, for a contract
sum of $538, 263. 50 based upon the unit price proposal re-
ceived June 10, 1977 from Tri-County Asphalt Co. , Inc.
SECTION II. An appropriation is made to the account shown
below for the fiscal .year ending June 30, 1978 as follows :
Account No. & Name: Appropriation
30000. 824 Airport Improvements $ 538, 263. 50
SECTION III. This resolution shall be in effect upon ap-
proval of the contract authorized in Section I herein by the
United States of America Federal Aviation Administration.
Mr. Niccolls said the FAA has approved the award of the contract,
the Company' s EEO program has been approved and they are ready to
start work next week. A pre-construction conference has been
scheduled by Mr. Shope. The Airways Engineering contract was also
tL 56
MINUTES OF JULY 13, 1977 MEETING. •
approved. -The -FAA •alsorconcluded that the .fee for inspection should
be lower. Mr. Titus referred to a reportnc.erning tie-downs at
the Airport and called attention to the fal, of• the 45 spaces leased
at the Airport, six have their mailing address in Leesburg and two
live within the corporate limits. This is significant for tax rea-
sons. The Town is spending $600, 000 for two planesnbelonging to
people living in the corporate limits, although notall of this
$600, 000 is the Town' s money. Mayor Newman asked where we stand
insofar as a FBO is concerned. Mr. Niccolls said the Committee has
met four times - since it was reactivated; twice with Mr. Crenshaw.
He did not know the conclusion from- the last meeting, but its pur-
pose was to refine the issues and get the Committee s viewpoint
regarding several items, such as the area of land to be leased,
the services to be required- by the FBO, whether the FBO will be
obligated for common area maintenance, etc. The Committee did not
schedule another meeting immediately = there is some concern as to
the duties and responsibilities of the members. There will be some
representation at the next Council workshop. The foregoing resolu-
tion was adopted by a vote of 5 to 1 :
•
Aye: Councilmembers Bange, Rock, Titus, Tolbert and Mayor
Newman.
Nay: Councilmember Herrell .
77-126 - Resolution - Authorizing an inspection contract with Airways
Engineering Corporation of Virginia.
On motion of Mr. Bange, seconded by Mr. Rock, the following
resolution was proposed:
BE IT RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows : •
SECTION I. The manager is authorized and directed to exe-
cute a contract with Airways -Engineering Corporation of Virginia
for inspection of improvements to Leesburg Municipal Airport
for ADAP Project No. 5-51-0027-01 , in accordance with their
proposal dated March 7 , 1977 , in the amount of $32, 000.00.
SECTION II. An appropriation is made to the account shown
below for the fiscal year ending June 30, 1978 as follows :
Account No. & Name Appropriation
30000. 824 Airport Improvements $ 32, 000.00
SECTION II. This resolution shall be in effect upon ap-
• proval of the contract authorized in Section .1 herein by
the United States of America Federal Aviation Administration.
Mr. Niccolls explained that this project will take approximately
120 days . There will be two inspectors at the Plant during asphalt
operations and one at the site where the asphalt is being poured.
About $7 , 500 of these costs will be paid to Law Engineering Testing
Laboratories for tests to be used. Inspection is an expensive part
of this project and the Town is obligated to the FAA rules to have
it. They have agreed to at least two comment letters to reduce some
of these rules and make it less costly to the Town. They are within
the range for inspections of this type. The liability is on the
Town if something goes wrong, unless it fails due to workmanship or
a defect in materials - then it is on the contractor' s bond. The
resolution was adopted by a vote of 4 to 2:
Aye: Councilmembers Bange, Rock, Tolbert and Mayor Newman.
Nay: - Councilmembers Herrell and Titus.
•
77-127 - Resolution - Authorizinga contract with Richard F. Kline,
Inc. for Mers Well Sand Control and Automa-
tion of Water Supply.
•
Orcmotion of Mr. Rock, seconded by Mr. Tolbert, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows.:
257
MINUTES OF JULY 13, 1977 MEETING.
SECTION I. The manager is authorized and directed to execute
a lump sum contract on behalf of the Town with Richard F.
Kline, Inc. , P. 0, Box ,665, Frederick, Maryland for Myers
Well Sand Control and Automation of the Town' s Water Supply
in accordance with the plans and construction specifications
prepared by Bengtson-DeBell, Inc. , dated March 1977 for a
contract sum of $78, 629.00 based upon the lump sum proposal
received June 15, 1977 from Richard F. Kline, Inc.
SECTION II. An appropriation is made for the fiscal year
ending June 30, 1978 :
Account No, and Name Appropriation
50000. 805 1976 Waterworks Improvements $78, 629. 00
There was considerable discussion concerning the difference between
the two bids received for this work. The resolution was unani-
mously adopted :
Aye: Councilmembers Bange, Herrell, Rock, Titus, Tolbert and
Mayor Newman.
Nay: None.
77-128 - Resolution - Regarding August Court Days, 1977 .
-4 On motion of Mr. Titus , seconded by Mr. Rock, the following
resolution was proposed:
WHEREAS, the Loudoun Restoration and Preservation Society,
Inc. proposes to conduct an August CourtPays, 1977 cele-
bration within the Town of Leesburg on August 13 and 14:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as, follows :
SECTION I. The closing of King Street from Loudoun to
Cornwall Streets , and the closing of Market Street from
Church to Wirt Streets, to motor vehicle traffic for use
during August Court Days, 1977 , August 13 and 14, is ap-
proved provided, however, persons wishing to use these
streets without participating in the August Court Days,
1977 celebration shall not be obligated to make any do-
nation for doing so. -
SECTION II. The Loudoun Restoration and Preservation
Society, Inc. is authorized to use the northwest portion
of the municipal parking lot for August Court Days activities.
SECTION III. The Loudoun Restoration and Preservation So-
ciety, Inc. shall carry liability insurance coverage in the
amount of $500, 000 bodily injury and $100, 000 property dam-
age, with the Town of Leesburg being named as additional in-
sured, for its activities during August Court Days, 1977 and
a certificate of insurance for this coverage shall be fur-
nished to the Town by July 30, 1977 .
SECTION IV. Section 17-63 of the Town Code is hereby waived
for both the. crafts people and food vendors in connection
with the August Court, Days, 1977 program to be held on Aug-
ust 13 and 14, provided all such crafts people and food ven-
dors have registered with the Loudoun Restoration, and Preser-
vation Society, Inc. and the Society has furnished the Town
with a list of those participating in. the August Court Days
celebration.
At the suggestion of Mayor Newman, Council• discussed the closing of
King Street from Loudoun to North Street, rather than Cornwall, how-
ever it was decided that the closing would go no further than Corn-
wall Street. Miss Patsy Tavenner, a resident at the corner of Loud-
oun and Liberty Streets, spoke of the confusion and noise last year
and asked that, if at all possible, traffic not be routed over Lib-
erty Street this year. She felt there should be signs posted di-
recting through traffic and trucks to use the By-Pass.
258
MINUTES OF JULY 13, 1977 MEETING.
Mr. Ray Baine, coordinator for August Court Day • activities,
said it would be rather difficult to open King Street at night -
there will be platforms at both ends. He did not anticipate any-
thing other than- booths on Market Street, but it is not known how
many there will be at this time. There are about 75 applicants
for booths at this time and there will -be others coming in, so
anticipated that there will be 50 . to ' 75. If they, are put on the
sidewalk, 'this will block access to business houses and show win-
dows. He said they would make an effort to open Market Street at
night; depending how many booths they have.
Mr. Stanley Caulkins said the Downtown Business Association is
endorsing this project. - The merchants have been invited _to use
space in front of their own businesses if they so desire. If not,
these spaces will be rented to other vendors for displays, etc.
The business community agrees that there are some problems in the
logistics of this project, but they hope to create a festive ac-
tivity and give everybody a chance to see - if it doesn' t work, they
will be learning from it. About 90 percent of their group agreed
to try to put this over - it is a good thing for the Restoration
Society and will be promoting Leesburg and Loudoun ' County. Also,
the Chamber of Commerce is going to attempt to have a booth at each
activity in the County - the Bluemont Fair and Waterford Fair, etc. -
to try to create interest in the County as well as in Leesburg.
Mr. Titus felt that the County is supporting this activity and
he feels that the Town should try to make it as successful as possible.,
Also, he understood that there are food vendors that did not know about
the Health Department requirements. Mr. Baine said the food vendors
have been notified. Mr. Baize presented the required certificate of
insurance coverage. He also said it is planned -to sell •tickets for
$1 . 50 per person which will admit these persons to all activities.
The people who want to go to a specific store, bank, etc. will cer-
tainly not be charged just to walk down the street - if they desire
to enter the Court House lawn, they will be charged. Mrs. narorpAl
asked that WAGE and the Times-Mirror impress upon the resiaencs
they will not be charged this $1. 50 just for the privilege of walk-
ing
up the streets of Leesburg.
The resolution was unanimously adopted:
Aye: CAuncilmembers Bange, Herrell , Rock Titus, Tolbert and
Mayor Newman.
Nay: None.
77-129 - Resolution - Revising appropriations for- the fiscal year
ending June 30, 1977.
On motion of Mr. Bange, seconded by Mr. Herrell, the following
resolution was proposed and adopted by a vote of 4 to 2:
•
RESOLVED by he Town Council of the Town of Leesburg, Vir-
ginia, as follows :
SECTION I. The following appropriations are- made for the
fiscal year ending June 30, 1977 :
Account No. & Name - Appropriation
2010. 201 Office Supplies & Misc. $ 75.00
5010. 201 Office Supplies 100.00
10200. 253 Auto Parts & Misc. 300.00
10210. 202 Cleaning Supplies 50.00
4020. 105 Salaries, Finance Dept. 294. 25
6010. 208 Advertising & Printing,
Engineering 15. 00
10200. 251 Gasoline & Oil 1, 143.47
10210. 211 Electricity-Maintenance of
Buildings 508. 28
14020. 211 Street Lighting 2, 219. 13
14020. 213 Telephone
1 , 375. 38
51/
MINUTES OF JULY 13, 1977 MEETING.
Account No. & Name Appropriation
10300. 120 Utility Lines Division
Overtime $ 502: 93
10300. 211 Electric Power for Water
Pumping 1 , 146. 58
10300. 213 Telephone 22. 35
10301. 120 Overtime, Meter Division 15. 79
10301.231 Materials, Meter Division 163.42
10310. 213 Telephone 8. 35
30000. 107 Airport Labor 157 . 64
30000. 221 Insurance at Airport 750. 09
SECTION II. Appropriations to the accounts shown below for
the fiscal year ending June 30, 1977 are hereby reduced as
follows :
Account No. & Name Appropriation
3010. 261 Legal Services $5, 580. 51
10310. 238 Lab. Supplies & Chemicals 1 , 859.42
30000. 214 Repairs at Airport 907 . 64
Aye: Councilmembers Bange, Herrell , Tolbert and Mayor Newman.
Nay: Councilmembers Rock and Titus.
Town Manager Niccolls reported:
(1 ) Council has received tonight a report of invested funds
and cash balances as of June 30. A trial balance for the fiscal
year ending June 30 will be ready in a couple of weeks.
(2) Concerning the water supply situation, Mr. Shope met with
the Health Department today - he is checking into the Andover well
matter, as well as investigating the lime kiln as a source of supply.
The latter does not look very desirable from the Health Department
point of view.
(3) Mr. Martin would like to discuss with Council the South
Harrison Street right-of-way and the Bryant deed.
(4) Council has received tonight a copy of the letter from
Mr. DeFalco to the State Water Control Board concerning the Waste-
water Treatment Facilities Plan.
Mayor Newman reported that there will bepabtheiting tomorrow night
in the Carriage House at Oatlands at 7 : 30 P.M. concerning the Washing-
ton Metropolitan Area water supply study (the 208 plan) . This is
sponsored by COG, the Army Corps of Engineers, the Interstate Com-
mission on the Potomac River Basin and NVPDC. She said she will be
out of town, but hoped that some member of Council or the Town staff
might attend and bring back a report to Council.
Mr. Herrell re 51 alportion of an article in the paper today con-
cerning the power ofroverning bodies to declare an emergency in the
event of a water shortage. Mr. Minor said he has called the Attorney
General ' s office in Richmond and they should receive a response to-
morrow. Mr. Niccolls said a report will be made to the Mayor and
Council. He added that there are often major distinctions between
town and county powers in the State Code.
Mr. Titus asked if any information had been ascertained concern-
ing the light pole at Route 15 and Catoctin Circle. Mr. Niccolls re-
ported that it was restricted to its present location by the exist-
ence of a storm sewer crossing there. It was the consensus of Council
that the Highway Department be requested to move it.
Mr. Titus also requested that the matter of giving authority to
close the streets for ' block parties" be discussed further at workshop.
77-130 - Resolution - Accepting Deed of Easement from Harry Sollars
and Naomi Sollars for storm drainage system.
Mr. Martin said Council made an offer to the Sollars for this
easement and this is the deed - he cannot close this transaction un-
til Council adopts this resolution. On motion of Mr. Titus, seconded
260
MINUTES OF JULY 13, 1977 MEETING.
by Mr. Rock; the following resolution was proposed and unanimously
adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows : '
The Deed of Easement made the 21st day of June, 1977, by
and between Harry Sollars and Naomi Sollars, his •wife,
and the Town of Leesburg, for the construction, reconstruc-
tion, maintenance, replacement or repair, use and' inspection
of •a storm drain or storm sewer, 'including necessary' appur-
tenances, of such character and sufficient size within the
limit of said easement as to provide a proper and adequate
outlet over, across, through and under- the land of the Grantors
for a storm drainage system established by the Town, is hereby
accepted and the Mayor is hereby authorized to acknowledge the
same on behalf of the Town.
Aye: Councilmembers Bange, Herrell, Rock, Titus, Tolbert and
Mayor Newman.
Nay: None. •
There was lengthy discussion concerning an easement owned by
• Harry Sollars across the Herbert Bryant property proposed to be pur-
chased for street purposes. Mr. Martin was asked to investigate fur-
ther as to the possibility of purchase of this easement in order to
clear the title to the property before closing the transaction. He
was asked to report back to the next workshop session of Council.
On motion of Mr. Rock, seconded by Mr. Bange, the meeting was
adjourned -at 9 : 20 P:M.
�� Mayor
4/7
Clerk of t e Council