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HomeMy Public PortalAbout1978_02_22 SG MINUTES OF REGULAR MEETING OF LEESBURG. TOWN COUNCIL, FEBRUARY 22, 1978. A .regular,meeting of.• the Leesbur-g. Town Council was held in the • Council Chambers, 10 West Loudoun Street, Leesburg-, Virginia on February 22, 1978. The meeting was called to order by the Mayor at 7 : 34 PM. , with the invocation being given by Mr. Tolbert, 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. , James A. Rock, C. Terry Titus and John W. Tolbert, Jr. ; also Town Manager John Niccolls, Assistant to the Manager Jeffrey H. Minor and Town Attorney George M. Martin. The minutes 'of the regular meeting of February 8, 1978 were approved as written. Mayor Newman ,read into the minutes. a letter from .the Sign Com- mittee of the Downtown Business Association endorsing the proposed revision of the Town Code to include an article concerning Pro- jections over street rights-of-way (signs) in the Old and Historic District. . Mayor Newman also read into the .minutes a letter from Council- member Titus informing the Council that he is performing survey work for attorneys representing clients involved in the Potter' s Field case and he will , therefore, not. participate in discussion or action by the Council with regard to this matter. • 78-0-4 -- Ordinance - Amending Chapter 2, Administration, and repeal- ing Sections 2-1 and 2-2 of the Town Code. On motion of Mr. Tolbert, seconded by Mr. Herrell , the following ordinance was proposed: ORDAINED by the Council of the Town of Leesburg, Virginia, as follows: • • SECTION I. Chapter 2 of . the Town Code ,is hereby• amended by adding a new- article to be known as Article V-I, Department of Finance, to read as follows : ARTICLE VI. DEPARTMENT OF FINANCE Sec. 2-80. Department of Finance created. A Town Department. of, Finance , is hereby, created. - Sec. 2-81. Director of Finance. The Department of Finance shall be under the direction of the director offinance, referred . to as "director" in this Article, who shall perform duties as set forth in- this Code, as directed by the manager, and as follows : (a) Keep in proper books a full and accurate record of all .monies received and disbu_rsed on ,behalf of the town and of all monies due to and from the town upon contracts and orders upon which the town is obligated and otherwise; (b) Receive and have Custody of all monies paid to the town and disburse all town monies in accordance with law; • (c) Render a monthly report to council and the manager reflecting the financial condition of the town, showing monthly receipts, expenditures and outstanding balances of all funds; (d) Certify that funds are available according to law to pay monies provided by all contracts, agreements or other obligations for the expenditure of town funds ; no such con- tract, agreement or other obligation shall be valid until so certified; ' (e) Make payment of the interest and principal on the bonded debt when due and keep accurate records of such debts and of such payments thereon; (f) Prepare the town payrolls ; (g) Enter into agreements with legal depositories for the deposit of all funds of the town with such depositories, rent safety deposit boxes or otherwise provide for the safe- 3 ' MINUTES OF FEBRUARY 22, 1978 MEETING. keeping of securities and other documents for payment of money to the town and maintain custody of all documents evidencing investments of the town; (h) Prepare and submit such reports as may be required by law; (i) Assist the manager in the preparation of the annual budget; (j ) Be bonded by a fidelity bond as the council deeps necessary; (k) Perform other duties related to the financial af- fairs of the town as required by the manager. Sec. 2-82. Contracts and Purchase Orders. Unless otherwise permitted by law, every undertaking in- volving the expenditure of town money shall be in writing, in the form of 'a purchase order or of a contract, as may be appropriate. The director of finance shall attach to each contract a certificate signed by him, that the estimated amount of money required to meet the obligation of the town by such contract has been lawfully appropriated and in the treasury kit or is in the process of collection to the credit of the fund ct involved, free from any prior encumbrance. In the case of a V contract to continue beyond any current year and to involve :- . expenditures of money in future years, the director of fi- %a• nance need only certify as to the money estimated to be paid thereunder during the current year. Sec. 2-83. Payment of Funds. and Execution of Checks. (a) The director shall require invoices be submitted to him, with written certificate thereon by the head of the de- partment or division of the town concerned, 'to the effect that the goods or services for which the invoice is rendered have been delivered or performed in the manner, quantity and " quality specified, prior to the issuance of the town check in payment thereof, whereupon the check shall be promptly -,is- sued in payment. (b) Payrolls shall be submitted to the manager for ap- proval, when prepared by the director, and, upon the manager' s approval thereof, the director shall issue checks in payment thereof when due. It shall not be necessary for the director to encumber in advance or to certify as to the availability of funds appropriated for personal services, except those ob- tained on a contractual basis, provided that upon issuance of such checks the director shall immediately cause the appro- priate funds to be encumbered to the. extent of the drafts is- sued. (c) Prior to the making of partial or final payments on contracts , the manager shall certify that the contract for which payment is to be made has been complied with. In the case of' partial payments, such payments shall be made on es- timates of the amount and value of the work accomplished and material furnished; the certificates or estimates shall show the amount and value of all the work accomplished and ma- terial furnished and the amount of money paid on previous esti- mates or certificates; Only the. diffejau..e in value between the latest estimate and amounts paid on previous estimates, less any money retained as guarantees or for- other valid reasons, shall be paid as a partial payment, except iii the case of a final payment. Upon receiving such certificates, estimates or invoices, 'properly certified, the director shall then is- sue checks in payment. (d) All payroll checks drawn against the town shall be signed singularly by either the manager orby the director. All checks drawn against any account of the town, except pay- roll checks, shall be signed by' any two of the following offi- cers, namely, the manager, the assistant to' the manager, the director of finance and clerk of the council. (e) Town funds shall not be disbursed except pursuant to appropriations made for the purpose. 3.2. MINUTES OF FEBRUARY 22, 1978 MEETING. Sec, 2-84. Investment of Idle Funds. (a) The director, whenever there are monies- in the treasury, which will not be required to be used, may invest such funds in secured interest bearing bank or savings and loan association deposits, obligations of the town and bonds or other obligations of the United States. Such investments shall not be made at a price in excess of the current market value of such bonds or obligations. Such bonds or other ob- ligations may be sold by the director for cash and for a sum not less than their purchase price. The director shall main- tain a record of such investment transactions. The director shall make such investments so as to provide the maximum yield on such idld funds. Investment securities may be `placed in the custody of any member of the Federal Reserve Banking Sys- tem upon- the issuance by such member of its custodian or other bailment receipt to the director. Such securities, if not so kept, shall be in the custody of the director. Inter- est collected or accrued on any monies so 'invested shall be credited to the fund from which the principal was taken. (b) The director shall invest cash performance and main- tenance bonds of $1 , 000 or more, received in lieu of corporate surety bonds, in federally insured and properly secured bank or savings and loan association interest bearing deposits. 1 Banks and savings and loan associations located in town shall be given an 'opportunity to bid for such deposits which are to be awarded: by the director to the financial institution offering the highest yield. Interest earned on the deposits shall be paid upon release of the bond to the person posting the bond. Cash performance and maintenance bonds of less than $1, 000 shall be deposited and retained without interest in the escrow account established for the purpose by the director until release. Sec. 2-85. Revenue Sharing Fund. There is hereby established in the accounts of the town a trust fund to be known as the "Revenue Sharing Fund". All monies paid to the town under the state and local Fiscal Assistance Act of 1972 shall be credited to said fund and expended in accordance with the terms and provisions of said Federal Act. Sec. 2-86. Annual Audit. There shall be an annual audit of the financial and ad- ministrative affairs of the town, by a qualified and competent certified public accountant. SECTION II. Sections 2-1 and 2-2 of the Town Code are hereby repealed. Mayor Newman questioned under what circumstances an investmentr. se- curity would be in the custody of the director? Mr. Niccolls said only during the short lapse of time between pick-up of a CD from the safe deposit box and its redemption or re-investment. Mr. Titus asked who names the auditor for the town? Mr. Niccolls said the Council does. On motion of Mr. Titus, seconded by Mr;, Bange, Council voted unanimously to add the words "retained by the council ." at the end of Sec. 2-86., the section thus reading as .follows: Sec. 2-86. Annual Audit. There shall be an annual audit of the financial and ad- ministrative affairs of the town, by a qualified and competent certified public accountant, retained by the council . Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 33' MINUTES OF FEBRUARY 22, 1978 MEETING. Mr. Titus asked what additional duties 'the Finance Director would have as proposed by this ordinance as opposed to what he has now? Mr. Niccolls said this ordinance defines principally the financial duties of his position - there are other duties such as supervising the personnel of the Finance Department. This adds no duties. Mr. Titus then asked if it is projected in the foreseeable future to have an Assistant to the Director of Finance to handle these ad- ditional duties. Mr. Niccolls said No, in fact, the Director is • anticipating computerization of duties and perhaps one less person in the Department. He helped write this ordinance. On motion of Mayor Newman, seconded by Mr. Herrell , Council voted unanimously to add a Section III to the ordinance, as follows : SECTION III. An emergency exists and this ordinance shall be in effect from its passage. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. The ordinance, as amended, was unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. Proposed ordinance amending Chapter 16 of the Town Code re Projections over Street Rights-of-way. On motion of Mr. Cole, seconded by Mr. Bange, an ordinance amending Chapter 16 of the Town Code re Projections over Street Rights-of-Way was proposed. After in-depth discussion and amend- ments to certain sections of the proposed ordinance, on motion of Mr. Rock, seconded by Mr. Bange, Council voted unanimously that the proposed ordinance be approved as a first reading and that it be advertised for public hearing on April 5, 1978, with an adver- tisement on March 16 and March 23 to be by ordinance title only and on March 30 to be by Article and Section title: Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. • On motion of Mr. Titus, seconded by Mr. Rock, Council voted unanimously that a copy of this proposed ordinance be sent to the local Resident Engineer of the Virginia Department of Highways for comment : Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 78=29 - Resolution - Accepting Deed of Easement from John A. Wallace, et ux and Aaron A. Paulson, et ux, for water lines and storm drainage system for K-Mart site. On motion of Mr. Bange, seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : - The Deed of Easement made the 22nd day of February, 1978, by and between John A. Wallace and Helen G. Wallace, his wife, and Aaron A. Paulson and Rosalie. K. Paulson, his wife, and the Town of Leesburg, for the construction, maintenance, replacement or repair, use and inspection of water lines and storm drainage system, including necessary ground level or underground appurte- nances, over, , across, through and under the land of the Grantors for the K-Mart site is hereby accepted and the Mayor is hereby authorized to acknowledge the same on behalf of the Town. 3'4 MINUTES OF FEBRUARY 22, 1978 MEETING. After discussion with Mr. Martin on this resolution, it was unani- mously adopted: Aye: . Councilmembers Bange, Cole, Herrell , Rock,_ Titus, Tolbert and Mayor Newman. Nay: None. 78-30 - Resolution - Initiating proposed Zoning Ordinance amendment to Planning Commission for appropriate action. 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, in Virginia, as follows : The proposed Zoning Ordinance amendment replacing Article 10A, Old and Historic District regulations, dated February 10, 1978, is initiated and referred to the Planning Commis- sion for appropriate action. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 78-31 - • Resolution - Authorizing alternate water main routing study. On motion of Mr. Herrell , seconded by Mr. Bange, the following resolution was proposed: - RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The town manager is authorized and directed to . enter into a contract with Bengtson-DeBell & Elkin, Inc. , for study of alternate water main routings for interconnection with the Loudoun County Sanitation -Authority' s water system as outlined in its proposal No. 78-8 dated February 2, 1978, and the town' s request for proposals dated January 25, 1978, in an amount not to exceed $10, 650. SECTION II. An appropriation is made to Account No. 10430. 263, Expert Services, in the amount of $10, 650. Mayor Newman found it hard to justify this expenditure until they know where the water is coming from to run through this line - she felt this is premature. The County says they have nothing to give us at this time. Mr. Rock felt this is potential access to the storage site on Goose Creek. He felt the town should go to the Potomac because, by the time it is built, the wells will be used up anyway. The resolution was adopted by 5 to 1 against, with 1 ab- stention: ' Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert. Nay: Mayor Newman. Abstention: Titus. 78-32 - Resolution - Authorizing an agreement and approving a per- formance bond to guarantee installation of public improvements for Safeway Stores, Incor- porated. On motion of Mr. Bange, seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The Town Manager is authorized and directed to execute the Standard Agreement. A cash performance bond in the amount of $3, 470. 00 is approved. This instrument is to guarantee installation of public improvements for Safeway Stores, Inc: , in accordance with plans approved by the Di- rector of Engineering. 35 MINUTES OF FEBRUARY 22, 197.8 MEETING. SECTION II. Extension of the municipal sewer works for this installation is approved. . Mr. Niccolls advised that $1, 000 is included in this bond for addi- tional signal head installation at the intersection with Fairfax Street. There were remarks concerning the fact that the trees on this property will be destroyed. The resolution was adopted by a vote of 6 to 1 : Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and Mayor Newman. Nay: Councilmember Rock. 78-33 - Resolution - Authorizing Notice of Publication of Public Hear- ing on Application Number ZM-20 by William S. Savopoulos and Charlotte D. Savopoulos. On motion of Mr. Titus, seconded by Mr. Cole, the following resolution was adopted by a roll call vote of 5 to 2: - RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : A Notice- of Public Hearing to consider Application Number ZM-20 by William S. Savopoulos and Charlotte D. Savopoulos to have rezoned from R-2 to B-2 a tract of land containing 12, 465 square feet located on the south side of East Loudoun Street shall be published in the Loudoun Times-Mirror on �^. 1978 and , 1978, at. 7 : 30 P.M. in the Council Chambers , 10 West Loudoun Street, Leesburg, Virginia. Aye: Councilmembers Bange, Cole, Herrell , Titus and Tolbert. Nay: Councilmember Rock and Mayor Newman. 78-34 - Resolution - Authorizing Notice of Publication of Public Hearing on Application Number ZM-20 by William S. Savopoulos and Charlotte D. Savopoulos. On motion of Mr. Titus , 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 : A Notice of Public Hearing to consider Application Number ZM-20 by William S. Savopoulos and Charlotte D. Savopoulos to have rezoned from R-2 to B-2 a tract of land containing 12, 465 square feet located on the south side of East Loudoun Street shall be published in the Loudoun Times-Mirror on March 16, 1978 and' March 23, 1978 for Public Hearing on April . ' 5, 1978 at 7 : 30 P.M. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. Aye: Councilmembers Bange, Cole, Herrell, Titus and Tolbert. Nay: Councilmember Rock and Mayor Newman. 78-35 - Resolution - Authorizing Notice of Publication of Public . Hearing on Application Number ZM-19 by Tunis li. Camp.ell and Doris W. Campbell. On motion of Mr. Bange, seconded by Mr. Tolbert, the fol- lowing resolution was proposed and adopted by a vote of 6 to 1 ab- stention: RESOLVED by the. Council of the Town of. Leesburg, Virginia, as follows : . . A Notice of Public Hearing to consider Application Number ZM-19 by Tunis H. Campbell and Doris W. Campbell to have rezoned from R-2 to B-2 a tract of land containing 7 , 205 square feet located on the east side of Wirt Street shall be published in the Loudoun Times-Mirror on March 16, 1978 ;" 3 6: MINUTES OF FEBRUARY 22 , 197.8 MEETING. and March 23, 1978 for Public Hearing on April 5, 1978, at 7 : 30 P.M. in the Council Chambers , 10 West Loudoun Street, Leesburg, Virginia. Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and Mayor Newman. Nay: None. Abstention: Councilmember Titus. 78-36 - Resolution - Making appropriations for fiscal year 1977-78. 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 :. The following appropriations are made "for the fiscal year ending June 30, 1978 : Account No. and Name Appropriation 10110. 815 - Route 15 South Urban Project $ 44 ,254.48 10110. 816 - Route 7 East Urban Project 750. 19 10110. 817 - Route 7 West Urban Project - 2, 034. 16 Mr. Niccolls explained that there might be a small bill for preliminary engineering on the Route 7 East project in this fiscal year - this re- lated to signalization at Plaza Street. The resolution was unanimously adopted: Aye: Councilmembers Bange, .Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. - Nay: None. Town Manager Niccolls called attention to a written Memorandum and other materials concerning the rezoning of 113 acres adjacent to the Airport. There followed discussion on this matter. Mr. Niccolls also called attention to additional material dis- tributed concerning the utility rate study - this matter will be dis- cussed further at the next regular workshop: Mr. Niccolls distributed the Airport documents - a large packet - this to be discussed at the March 1 workshop, with the hope of con- sideration at the March 8 meeting when Century' s certified check in the amount of $75, 000 and the signed leases will be presented. Mr. Richard Hill has one more review. to give these documents before the. final typing. Also attached is a proposed revision of the Airport . Rules and Regulations, which it is hoped can be adopted simultaneously and included as a. part of the lease package On motion of Mr. Titus, seconded by Mayor Newman, Council voted 6 to 1 to go into executive session at 9: 27 P.M. to discuss legal and personnel matters : - Aye: Councilmembers Bange, Cole, . Herrell ,, Titus, Tolbert and Mayor Newman. Nay: Councilmember Rock. On motion of Mr. Bange, seconded by Mr. Tolbert, Council voted unanimously to reconvene at 10:03 P.M. : Rook Aye: Councilmembers Bange, Cole, Herrell, / latus, Tolbert and Mayor Newman. Nay: None. 374 MINUTES OF FEBRUARY 22, 1978 MEETING. - 78-37 - Resolution - Informing Loudoun County Board of Supervisors that no water or sewer service is available to any area outside the corporate limits and opposing rezoning or construction in conflict • with the proposed Airport Master Plan. On•motion of Mr. Titus, seconded by Mr. Rock, the following resolution was proposed and unanimously adopted: • RESOLVED by the Council of the Town of Leesburg, Virginia, , as follows : SECTION I. In light of present circumstances and a need to clarify its position, the Council wishes to inform the Loud- oun County Board of Supervisors that the Town is not in a position to provide any new water and sewer service• to any area outside its corporate limits at the present time. SECTION II. Council wishes to state that it opposes any rezoning or construction in conflict with the proposed Air- port Master Plan. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. tit Nay: None. :V On motion of Mr. Rock, seconded by Mr. Herrell , the meeting was adjourned at 10: 07 P.M. 0 /f/ Mayor / t/ Cleric of t.e Council i •