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HomeMy Public PortalAbout1977_07_27 X • X.� o X 264 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 27 , 1977. A regular meeting of the Leesburg Town Council was held in the Council 'Chambers, 10 West Loudoun Street, Leesburg, Virginia on - July 27, 1977 . The meeting was called to order by the Mayor at 7 : 32 P.M. , with the invocation being given by Mr. Cole and followed with the Salute to the Flag: Present were: Mayor Mary Anne Newman, Councilmembers Charles E. Bange, Glen P. Cole, Stanley D. Herrell , Jr. and John W. Tolbert, Jr. ; also Town Manager John Niccolis, Assistant to the Manager Jeffrey H. Minor and Town Attorney George M. Martin. Absent from the meeting were Councilmembers James A. Rock and C. Terry Titus. The minutes of a special meeting of the Council on June 30, 1977 ; -a regular meeting on July 13, 1977 ; a public hearing on July 21 , 1977 and a special meeting on July 21, 1977 were approved as written. 77-0-13 - Ordinance - Adding a chapter to the Town Code. On motion of Mr. Bange, seconded by Mr. Cole, the following ordi- nance was proposed: BE IT ORDAINED by the Council of the Town of_'Leesburg, Vir- ginia, as follows : - SECTION I. A new Chapter to the Town Code is hereby added as follows: CHAPTER 2. 1 AIRPORT • Sec. 2. 1-1 . Municipal Airport Department. A Municipal Airport Department is hereby created and shall be supervised and controlled by the Airport Commission in accordance with this Chapter. Sec. 2. 1-2. Airport Commission created. The Leesburg Airport Commission consisting of five members and hereinafter called the "Commission is created. The members shall be appointed by the Council for terms of four years each beginning on July 1st of the year of ap- pointment. An appointment to fill a vacancy shall be for the unexpired t6=4 . A member of Council shall be appointed by Council to serve as liaison with the Commission and for a term concurrent with the member' s term of office. The Commission shall elect its convenor annually and may elect one of its members as its secretary. The Commis- sion shall meet monthly or as determined by the Commission. Sec. 2. 1-3. Commission duties. The intention of the following section is to empower the Commission with sufficient policy-making authority com- mensurate with responsibility for acquisition, construction, improvement, maintenance and operation of the airport. It is further the intention of this section to provide that all requests for services , leases and proposals for airport de- velopments are to be originated with the Commission, or as directed by the Commission, and referred with the Commis- sion' s recommendations to Council if necessary. The Com- mission shall have such duties and is empowered to : (a) Maintain a continuous oversight and review of the Airport Rules and Regulations and director' s administration and make recommendations from time to time to the Council for proposed amendment of the Airport Rules and Regulations and to the director for the effective and efficient adminis- tration of the Airport Rules and Regulations. (b) Prepare and maintain a capital improvement plan for development of the airport. * MINUTES OF JULY 27; 1977 MEETING. 265 (c) Adopt rules governing operations at the airport as are necessary and appropriate. (d) Adopt rules governing the conduct of its business and meetings. (e) Review and make recommendations to the Council of proposed annual budgets for airport improvements and opera- tions. (f) Make recommendations to the Council on development and utilization of ]aid and commercial operations at the air- port, including leases thereof. (g) Perform such duties and have such powers as pre- scribed by the Airport Rules and Regulations. (h) Make such reports on airport matters to the Coun- cil as it deems necessary and appropriate. (i) Establish rates of charge for services provided by the department, such as aircraft tie-down, hangar and other rents, fuel and lubricant charges and landing fees. ,.i (j ) Maintain liaison with county offices to promote implementation of appropriate land use controls affecting the airport. (k) Initiate timely actions with both the Federal Aviation Administration and the State Corporation Commis- sion Division of Aeronautics to provide priority support to proposed improvement or expansion of the airport. (1) Conduct public surveys and meetings, as appropriate, to aid in planning improvements and acquiring public support for the airport. Sec. 2. 1-4. Office of Airport Director. The office of Airport Director is created to be appointed in accordance with the Charter. The Manager shall serve as Airport Director until such time as the Council authorizes and appropriates funds for appointment of a part-time or full- time Director. -The Director shall perform such duties as are specified by Commission and the Airport Rules and Regulations. The Director is responsible for the safe and efficient day to day operations of the airport. Sec. 2. 1-5. Airport Rules and Regulations. The Council shall adopt rules -and regulations governing the management, government and use of the Leesburg Municipal Airport by separate resolution and when so adopted no person shall violate any such rule or regulation. SECTION II. This ordinance shall be in full force and effect from and after its passage. On motion of Mayor Newman, seconded by Mr. Banger Council voted unanimously to amend Sec. 2. 1-5 to read as follows : The Council shall adopt rules and regulations regarding the management, government and use of the Leesburg Municipal Airport by separate resnlstion and when so adopted no person shall violate any such rule or regulation. Aye: Councilmembers Bange, Cole, Herrell, Tolbert and Mayor Newman. - Nay: None. The ordinance, as amended, was then unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell, Tolbert 'and' Mayor Newman. Nay: None. 266 MINUTES OF JULY 27 , 1977 MEETING. 77-132 - Resolution - Granting permission to Ms. Velda Warner for encroachment on Town right-of-way. On motion of Mr. Cole, seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : • SECTION I. In accordance with Section 16-27 of the Town Code, the Manager is authorized to grant unto Ms. Velda Warner permission to encroach upon the alleyway on the south side of the building located at 11 S. King Street with a sign 24" x 20". The sign shall be as approved by the Board of Architectural Review and as described in a memo- randum from the Community Development Director dated July 18, 1977, except that the minimum height above the alleyway shall be eight feet. SECTION II. Revocation of the permission authorized herein shall be subject to Section 16-28 and 16-30 of the Town Code. Mr. Bange was not in favor of granting this permission - he felt that everybody should be allowed to do the same. Mr. Herrell had no problem with hanging signs, however, he did feel that everybody should be treated alike. The resolution was adopted by a vote of 4 to 1 : Aye: Councilmembers Cole, Herrell, Tolbert and Mayor Newman. Nay: Councilmember Bange. 77-133 - Resolution - Granting Village Square Antiques & Flea Market permission to hold antique shows in Leesburg on Sunday, June 5 and Sunday, October 8, 1978. 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. Village Square Antiques & Flea Market is granted permission to hold antique shows on the streets of Downtown Leesburg on Sunday, June 4, 1978 and Sunday, October 8, 1978 in the following locations : King Street West side from Loudoun Street to Cornwall Street; Loudoun Street North side from Wirt Street to Church Street; Market Street South side from King Street to Theater; and Upper part of parking lot surrounding the Log Cabin. SECTION II. Ten percent of rental fees derived from said an- tique shows shall be given to the Loudoun Restoration and Preservation Society, Inc. SECTION III. Village Square Antiques & Flea Market shall show proof of liability coverage in the amount of $500, 000, with the Town of Leesburg named. as additional insured, said endorsement to be provided to the Town one week prior to the shows. SECTION IV. Vendors ' license shall be waived fot all ex- hibitors for the above dates. Aye: Councilmembers Bange, Cole, Herrell, Tolbert and Mayor Newman. Nay: None. 267 MINUTES OF JULY 27, 1977 MEETING. 77-134 —Resolution - Granting waiver of site plan requirements. On motion of Mr. Herrell , seconded by Mr. Tolbert, the following 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 accord- ance with Section 9A-6-12 of said Zoning Ordinance, for a change of use from residential to business or professional office for the property at 16 S. Wirt Street as per a written request from Mr. R. C. Riemenschneider, dated June 13, 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, Tolbert and Mayor Newman. Nay: None. Ya 77-135 - Resolution - Making an appropriation for fiscal year ending June 30, 1978. On motion of Mr. Cole, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The following appropriation 'is made for the fiscal year ending June 30, 1978 : Account No. & Name Appropriation " 50000. 803 Capital Projects - Engineering $32, 500. 00 • Aye: Councilmembers Bange, Cole, Herrell, Tolbert and Mayor Newman. Nay: None. Town Manager Niccolls reported that the Phillips-Nickels Well is being recleaned in a process similar to the one used a couple of years ago. A contract was negotiated with a firm that does this kind of work for a total cost of around $1, 200. This should restore this well to a pumping rate of 450 gallons per minute or so - it had dropped to about 250 gpm. The work was begun Monday and should be completed by tomorrow. When this is successfully completed, Sydnor will come and replace the below ground parts authorized by Council earlier at the Paxton Well. It is felt that these two moves will restore a significant amount of security to the town. Notices to customers are being printed asking that no lawn watering, etc. be done and that they continue to conserve water. Mr. Niccolls also reported that International Pavilion Company, developers of Carrvale Subdivision, have expressed a very sincere desireto help the town locate another well. They have presented•�an agreement which would allow the town to drill a test well on their property and, if a satisfactory water supply is found, to purchase a lot or lots as needed on which to develop a well and erect re- lated facilities. Mr. Martin will review this agreement and it will be perfected for the August 3 workshop. This is very encouraging since the geologist rates this location very high and because of its proximity to the transmission main and the elevated tank. • 268 MINUTES OF JULY 27 , 1977 MEETING. Mr. Niccolls said that he and Mrs. Newman will be attending a meeting tomorrow of the Water Resources Planning Board-at COG at which time the A-95 review_of Leesburg' s Wastewater Management Facility Plan will be considered. He has talked with Horace Hallett of the Loudoun County Sanitation Authority and with Mr. deFalco, who will both be present for this meeting. A letter has been received from Mr. Robert Montgomery of the Health 'Department that says clearly that land treatment is not feasible around Leesburg because of the geological conditions that exist. Every effort will be made to over- turn the sub-committee' s recommendation. Mayor Newman said that Chief Kidwell has advised that there will be no additional insurance charge for the police dog, and a local veterinarian has volunteered to care for him at cost. Mrs. Newman asked what action has been taken concerning the light standard at King and Catoctin Circle. Mr. Niccolls said there will be a field inspection by the traffic engineering office the first of the week and alternatives will be explored at that time. In addition to the storm sewer, there is also a VEPCO underground high voltage transmission line in the neighborhood. The Highway Department has asked if we would be interested in paying 15 percent of moving the pole. Mrs. Newman asked that the owner of a derelict property on West Loudoun Street be contacted to see if something can' t be done. We were told a year ago that the building would be torn down. She felt that it might be a hiding place for rats. Mrs. Newman said that material has been received concerning a subsidized project near Virginia Village for elderly and handicapped persons. She asked that Council be thinking about this. Mr. Niccolls said there will also be a request at the workshop relating to water and sewer availability fees for this project. Mayor Newman commented on the quick action concerning weeds and a road problem on Dry Mill Road. It took the town two days to do the work on the road. She asked where the maintenance bond applies in such a case. Mr. Niccolls said we will bill-. the contractor on this. He also said that a water leak on Loudoun Street has been re- paired. Mr. Herrell felt that, when people break a lock that has been placed by the Town, this is destroying town property. He felt that perhaps the Police Department could look into this. Although this might go to small claims court, he still felt thatsuch people should be prosecuted: Mr. Niccolls said all tie-down 'fees have been paid now with the exception of one. He felt that there might be some negative implications by doing it this way and, in the future, it will probably be handled by airport personnel. All but one of these people have been very understanding, so perhaps it has been a lesson for both groups. Mr. Herrell also called attention to a water leak on Edwards Feryy Road near the Muse, Reed & Bange Funeral Home. Mr. Niccolls said they know about this and the pavement has been cut preparatory to repairing this leak - however, there was a severe sewer back-up on Prince Street which had to be dealt with first. They should get this leak fixed late this week or early next week. Mr. Bange inquired about the Farmers ' Market - he asked what the zoning is on this property. It is B-2 - General Business District. He felt that these people are operating legally in a B-2 District, but they have no license to sell their products. Mr. Niccolls said they are exempt to sell goods that they have raised themselves. Mr. Bange felt that a market as large as this is hurting those who have businesses in the town. Perhaps it would be interesting to check to see where these people are from - to make sure they are at least from Loudoun County. Mr. Bange asked if the town is short of personnel that there is a back-up on repairing water leaks. Mr. Niccolls said there are two vacancies in this department, however, one has been filled and there is a supervisory position to be filled. Mr. Niccolls felt that, when the department is fully staffed and propeiiysupervised, there is ade- quate personnel for the work. 9 ^ MINUTES OF JULY 27 , 1977 MEETING. 77-136 - Resolution - Authorizing an agreement and approving bond to guarantee installation of public improve- ments in Colonial Square. On motion of Mr. Bange, 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 exe- cute the standard agreement, and the certified check in the amount of $7, 027.00 presented by Tri-County Construction, Inc. is approved. Both the agreement and check are to guarantee installation of public improvements in Colonial Square, in accordance with plans approved by the Director . of Engineering. SECTION II. This resolution shall be in effect upon approval of the preliminary plan for Colonial Square by the Planning Coumuission. Mr. Niccolls explained that Council is being asked to approve the performance bond prior to approval of the preliminary plat by the Planning Commission in order that they might start work now before p the good season ends. They have posted a cash bond in the amount of approximately $7 , 000 in the hope that this will be the correct Y: amount for physical improvements. It is likely that the Planning Commission will approve the preliminary plat on August 4th. Mr. William Chamberlini engineer, said he has gone over the fees with Mr. Shope and he is/agreement. ' Mr. Niccolls said he did not feel that he should sign for these improvements and give the permit until the Planning Commission has approved the preliminary plat. The resolution was adopted by a vote of 4 to 1 : Aye: Councilmembers Bange, Cole, Herrell and Tolbert. Nay: Mayor Newman. There was discussion concerning a resolution proposed by Mr. Niccolls with regard to additional test wells. It was decided that this could wait until the next workshop session. Mr. Bange asked if it was Sydnor that cleaned the Phillips-Nickels Well two years ago . Mr. Niccolls said it was and explained why this should be done. He said all of the town' s wells are probably good candidates for such a cleaning and it would probably be, wise to have them all checked each year - this could be done for $500 to $600. On motion of Mr. Tolbert, seconded by Mr. Herrell , the meeting was adjourned at 8 : 30 P.M. Mayor 4( der of t Counci