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HomeMy Public PortalAbout1979_11_28 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 28 , 1979 . 116 A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg, Virginia, on November 28 , 1979 at 7 : 30 P .M. The meeting was called to order by the Mayor, with Mr. Tolbert offering the invocation, and fol- lowed with the Salute to the Flag led by Mr. Cole. Present were : Mayor Kenneth B . Rollins, Councilmembers Glen P. Cole , Stanley D. Herrell, Jr. , G. Dewey Hill, Jr. , Marylou Hill, Walter F. Murray and John W. Tolbert, Jr. ; also Town Manager John Niccolls, Assist- ant Manager Jeffrey H. Minor, 1. Finance Director Donald O. Taylor . and Chief of Police James M. Kidwell . The minutes of the regular meeting of November 14 , 1979 were approved with one correction, that being to delete " (approximately $4 , 000) " on Line 37 of Page 110. Mayor Rollins presented Certificates for completion of the Women ' s Gun Safety Class recently conducted by Chief Kidwell to 11 participants . The presentation was prefaced by appropriate re- marks concerning the class, with concentration on the dangers of a gun and its use as a source of protection. After explanation by Chief Kidwell concerning a particular "breaking and entering" incident in the Virginia Village Shopping Center, Mayor Rollins presented to Police Officer L. Preston Bell a Certificate of Commendation for his action leading to the appre- hension of suspects in this particular case. Officer Bell accepted with appropriate remarks of appreciation . MANAGER' S REPORT: (1) He called attention to the written Activity Report dis- tributed tonight. (2) Rezoning Application No. ZM-28 was filed this afternoon by Mr. Cornwell concerning a large tract of ground behind Brandon. A report from Mr. Forbes concerning this rezoning is attached. Mr. Cornwell asked if Council would consider the referral of this appli- cation to the Planning Commission at its meeting tonight. ( 3) Mr. Mahan, representing Dr. and Mrs . John H. Cook in Rezoning Application No. ZM-27 , has requested that Council delay consideration of this petition for 90 days in order to give Council an opportunity to receive and consider pending amendments to the Zoning Ordinance which might affect this application, particularly that pertaining to the proffer of conditions to zoning. (4) Mr. Taylor and Mrs . Rosen will be going to Richmond tomorrow to close the $1, 500, 000 bonds. Arrangements have been made by Mr. Taylor with two local banks for the investment of these funds at an average of 13;% . This closing should be smooth. (5) Three representatives from HUD came to Leesburg today to survey the sites proposed for the Community Development projects for which applications have been made. They were also shown the Fairview Subdivision storm drainage project to show them that Lees- burg has the capacity to move along with these funds . (6) The Finance Committee reviewed the cable television docu- ments at its meeting last week, with representatives of the pro- ponents present . It was felt that the documents should be reviewed by a third party to be sure they reflect the Town 's best interest. This has been put underway by the Cable Television Information Cen- ter and should take four to six weeks . (7) Our first load of deicing salt has been received. In ad- dition, arrangements have been made for two or three of our public • works supervisors to attend a sensible salting seminar to be held in Fairfax. (8) The Royal Street well facilities are working in excellent order, providing over 25 percent of our average daily use again. (9) A STOP WORK order was issued today on the Airport project because of weather. It doesn ' t look like there will be any paving done this year. MINUTES OF NOVEMBER 28, 1979 MEETING. 117 COUNCILMEMBER INQUIRIES AND COMMENTS : Mr. Cole asked what has happend on our Christmas street deco- rations? Mr. Niccolls said Thanksgiving was early this year, but they are scheduled to go up on December 1st . PETITIONERS : Mrs . Durette Upton, speaking on behalf of the Loudoun Museum, read a request from the Museum for $2 , 500 to replace their badly faded slide show. The new presentation will be a two-projector show that will double the number of visuals they can show - there will be many more slides of the Town and of the County and they will phase in slides of some of the artifacts in the Museum and relate them to the outside historic area. The show- being used now was reworked in 1976 , but some of the slides are from 1973 . They do not have a copy, so they are using the "master" and some of the slides are badly faded and burned. This show is used as a background to the walking tour. The consultant doing the work is a new resident and is doing the work at about one-fourth of the actual cost. The Museum staff has done a lot of the leg work themselves, so they really have a "bare bones" budget. The show was seen 1375 times in 1978 , with CO an audience of over 13 , 000 people , and is one of the most important CO things they have at the Museum. She hoped the Town will see fit CO to recommend the total amount. Mr. Herrell understood that, if they w don 't get this money, they will have to dispense with the slide show. Mrs. Upton said this is correct. Mayor Rollins asked what this money Q will be used for? Mrs . Upton said it will be used for two new pro- Q jectors, two new lenses and a synchronizer, which will produce a much more professional show. A projector stand and enclosures will be built by the Vo-Tech Center, they hope . They will also need a rear projection screen. Also, the film processing, the narration tape and an extra copy of the slide show so that they will have a "master. " Mayor Rollins asked who funded these items originally? Mrs . Cowart assumed it was done with tourism funds from the County at that time. Mr. Hill asked if they are receiving any County funds now? Mrs. Upton said they receive a grant that comes directly to the Museum - this is used for daily operations. They are not fund- ing special items at this time. Mayor Rollins asked if they collect any funds on their own? Mrs . Upton said they are starting a member- ship drive and have about 70 members thus far. There are also do- nations - the Museum is free to the public. They are already 2500 people over last year ' s figures in the first nine months - in a time when other museums and stately homes are down in audience. 79-168 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF SYCOLIN PARTNERSHIP FOR REVISION OF ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11 , TITLE 15 . 1 OF THE 1950 CODE OF VIRGINIA, AS AMENDED. On motion of Mr. Murray, seconded by Mr. Hill , the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The application of Sycolin Partnership for revision of the zoning district map, assigned No. ZM-28 , is received and referred to the Planning Commission for public hearing and recommendation under Chapter 11 , Title 15 . 1 of the 1950 Code of Virginia, as amended. Aye : Councilmembers Cole , Herrell , D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay : None. i MINUTES OF NOVEMBER 28 , 1979 MEETING. 118 79-169 - RESOLUTION - AUTHORIZING A CONTRACT FOR ENGINEERING SER- VICES FOR REVISION OF CONSTRUCTION SPECIFI- CATIONS AND RELATED DOCUMENTS . On motion of Mr. Cole , seconded by Mrs . Hill , the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Manager is authorized and directed to enter into a con- tract with Bengtson, DeBell, Elkin & Titus, Inc . , P. O. Box 429 , Centerville, Virginia 22020 , for engineering services for revision of Town Construction Standards and related documents as outlined in that firm' s proposal #79-77, dated October 19 , 1979 and as amended in that firm' s letter of November 16 , 1979 at a cost not to exceed $9 , 500 . Mr. Hill pointed out that this is a budget item and will just be bringing the Standards up to workable conditions . Mr. Niccolls said there are three or four instruments that will be reviewed and updated - drawings, design criteria, construction specifications and perhaps one other . Mr. Cole asked if State Highway Standards will be incorporated in this? Mr. Niccolls said they will be, but they don ' t publish standards or design criteria on sanitary sewer and waterworks. These Standards have not been reviewed for many years . Mayor Rollins asked if this will be done by bid? Mr. Nic- colls said Mr. Shope has evaluated several engineering firms in- formally. It has been suggested that Bengtson-Debell, etc. do this work because they have been working intensively in our utilities and storm drainage facilities and are familiar with our instruments . We, therefore, felt we could get an economic job from them. We did not take written proposals on this work - it was negotiated with Bengtson-DeBell, etc . Mr. Hill commented that it was thought origi- nally that this work would cost about $15, 000 . Mr. Niccolls said this was true, but they restructured some of the work and pointed out that they could plagiarize other good standards inasmuch as possible, rather than starting from scratch. The resolution was unanimously adopted: Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins . Nay : None. 79-170 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS , RELEASING PERFORMANCE BOND, AND AUTHORIZING ACCEPTANCE OF MAINTENANCE BOND FOR THE LOWER-HARLEY DAVIDSON, LTD. SITE. On motion of Mr. Tolbert, seconded by Mr. Cole, the following resolution was proposed and unanimously adopted: WHEREAS, the developer for the additions to Lower-Harley Davidson, Ltd. on East Market Street has completed public improvements in accordance with town standards and speci- fications and these have been inspected and approved and the as-built drawings have been submitted and approved; THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The public improvements for the Lower-Harley Davidson, Ltd. site on Edwards Ferry Road are hereby ac- cepted for public use by the town . SECTION II . The cash performance bond in the amount of $9 , 449 is released and a maintenance bond in the amount of $500 is approved. Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins . Nay: None. MINUTES OF NOVEMBER 28 , 1979 MEETING. nn 79-171 - RESOLUTION - GRANTING VILLAGE SQUARE ANTIQUES PERMISSION `S TO HOLD ANTIQUE SHOWS IN LEESBURG ON SUNDAY, JUNE 23 AND SUNDAY, OCTOBER 5, 1980 . On motion of Mr. Herrell, seconded by Mr. Tolbert, the fol- lowing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . Village Square Antiques is granted permission to hold antique shows on the streets of Downtown Leesburg on Sunday, June 23, 1980 and Sunday, October 5 , 1980 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 CO Upper part of parking lot surrounding the Log Cabin. CO (v SECTION II . Ten percent of rental fees derived from said W antique shows shall be given to the Loudoun Restoration Q and Preservation Society, Inc . Q SECTION III . Village Square Antiques 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 for all ex- hibitors for the above dates. Mayor Rollins asked who collects the fees? Mr. Niccolls said Village Square Antiques does - they make all the arrangements and charge for the spaces on our streets - they do the promotion and management of the shows. Most of the funds recently given to the Council came from these 10 percent donations. Village Square Antiques collects the rental fees . Mayor Rollins asked if we know how many there are? Mr. Niccolls said we have never questioned them. Mr. Hill asked if there have been any complaints from the Restoration and Preservation Society? Mr. Herrell said they seem to find these shows a very good fund raiser for them. He felt they are good for the town. The resolution was unanimously adopted: Aye : Councilmembers Cole, Herrell , D. Hill , M. Hill, Murray,- Tolbert and Mayor Rollins . Nay : None . 79-172 - RESOLUTION - MAKING AN APPROPRIATION FOR SHOP IMPROVEMENTS . On motion of Mr. Murray, seconded by Mr. Tolbert, the follow- ing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : An appropriation is made from the General Fund to Account No. 10200 . 802 , Shop Improvements , in the amount of $10 , 000 for the fiscal year ending June 30 , 1980 , for the new equips. ment storage building. Mr. Cole explained that this will be a new building to store our new vactor and other expensive equipment that has been sitting out- side. Mr. Herrell said the Town Forces will erect the building. A bid was received for $30 , 000 and we can do it for a lot less . Mr. Hill said you can very easily see the need for this building if you go around to the shop. The Town has done a great job in prolonging the life of its equipment - this is because of the maintenance and care they get. Mr. Niccolls said this will be MINUTES OF NOVEMBER 28 , 1979 MEETING. 120 a pole .building with metal sides, roof and door. He exhibited a picture of one just like it. The resolution was unanimously adopted: Aye : Councilmembers Cole, Herrell , D. Hill, G. Hill, Murray, Tolbert and Mayor Rollins . Nay: None . 79-173 - RESOLUTION - MAKING AN APPROPRIATION TO THE LOUDOUN MUSEUM. On motion of Mr. Tolbert, seconded by Mr. Herrell, the follow- ing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : An appropriation is made from the General Fund to Account No. 14050 . 28E, Tourism, in the amount of $2 , 500 for the fiscal year ending June 30 , 1980 . On motion of Mrs. Hill, an amendment was proposed to delete the screen, making the appropriation $2 , 110; however, this died for lack of a second. The resolution was unanimously adopted : Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay: None. 79-174 - RESOLUTION - MAKING AN APPROPRIATION FOR MEMBERSHIP IN THE CABLE TELEVISION INFORMATION CENTER. On motion of Mrs . Hill , seconded by Mr . Herrell, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : An appropriation is made from the General Fund to Account No. 2010 . 234 , dues and membership, in the amount of $200 .00 for the fiscal year ending June 30 , 1980 . Mr. Niccolls explained that this is annual membership fee to Cable Television Information Center, a non-profit consulting group that is reviewing our documents . This fee buys us regular reports on cable television regulations, advertising, etc. - membership in a service agency. The materials on which many of the franchise docu- ments were based came from here. The resolution was unanimously adopted: Aye: Councilmembers Cole, Herrell , D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins. Nay : None . 79-175 - RESOLUTION - TEMPORARILY WAIVING PARKING METER RULES . On motion of Mr. Murray, seconded by Mr. Hill, the following resolution was proposed and unanimously adopted: RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : Division 2, Article VI , of Chapter 10 of the Town Code shall not be enforced between December 10 , 1979 and De- cember 29 , 1979 , inclusive. Aye: Councilmembers Cole, Herrell , D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins. Nay : None . On motion of Mrs . Hill, seconded by Mr. Herrell, Council voted unanimously to go into executive session to discuss certain legal matters, after whi'c✓hh the meeting was adjourned. Mayor Clerk of 'e Council