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HomeMy Public PortalAbout1979_12_12 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 12 , 1979 . A regular meeting of the Leesburg Town Council was held in 121 the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on December 12 , 1979 at 7 : 30 P.M. The meeting was called to order by Mayor Pro-Tem Hill in the temporary absence of the Mayor. The invocation was given by Mr. Tolbert and was followed with the Salute to the Flag led by Mr. Murray. Present were : Mayor Pro-Tem G. Dewey Hill, Jr. , Councilmembers Stanley D. Herrell , Jr. , Marylou Hill, Walter F. Murray and John W. Tolbert, Jr. ; also Town Manager John Niccolls, Assistant Manager Jeffrey H. Minor, Director of Fi- nance Donald 0. Taylor and Town Attorney George M. Martin. Mayor Rollins joined the meeting at 8 : 02 P.M. , as noted later in these minutes . Absent from the entire meeting was Councilmember Glen P. Cole. The minutes of the regular meeting of November 28 , 1979 were approved as written. PETITIONER: Mr. Woodrow W. Turner, attorney representing the firm of Barber and Ross , addressed Council briefly on that firm' s request for refund of erroneous business license fees in prior years . This mistake was CO discovered by the present Finance Department and, after notification CO by the Town, application was made by Barber and Ross for a refund under the statute. This refund was made voluntarily by the town N for the years 1976 through 1978 . It has now been found that it is W possible, under special statutory provisions, for the Court to award Q refunds for periods beyond the three-year statute of limitations. a He asked that the council authorize the Finance Director to set in motion the procedures to award the refund of these license fees back to 1969 (the period from which they were erroneously paid) . He felt that Barber and Ross would be willing to undertake the expense in- volved in such an action. Mr. Hill asked how far back this can pos- sibly go? Are there others in town that have been overtaxed? Mr. Turner said that Barber and Ross are the only manufacturers in the town. Mr. Hill asked if it would fall under the category of igno- ance is no excuse? Mr. Turner felt this was an honest mistake on both parts. It was decided that he would appear before the Finance and Administration Committee at its next meeting. MANAGER' S REPORT: (1) The Activity Report was delivered Monday - it speaks for itself . (2) The Public Works and Finance and Administration committee meetings for December 31 and January 1 will have to be rescheduled. ( 3) Mr. Taylor has provided an interesting financial report for tonight (another type of information rather than just the cal- culated cash balances. ) This report shows that we had $10, 000 in real estate tax billings above the budget estimate and about $21, 000 in personal property. The actual tax collections will not, however, come up to the amount shown in the second column. Mr. Taylor explained that the Commissioner of Revenue is now comparing business personal property tax returns to the depreciation schedules in their State income taxes . By doing this, he has identified sub- stantially greater amounts of taxable personal property than were previously recorded for the number of businesses . This is the rea- son for the rather substantial jump in personal property. Mr. Mur- ray commented that perhaps we can reduce next year ' s personal prop- erty tax. (4) He called attention to the Capital Projects Summary dated November 30 prepared by the Engineering Department concerning 12 major capital projects going on. COUNCILMEMBER INQUIRIES AND COMMENTS : Mrs. Hill asked that the selling of drug paraphernalia in the town be placed on the Finance and Administration Committee agenda. Quite a few parents have called her about this . 122 MINUTES OF DECEMBER 12 , 1979 MEETING . 79-176 - RESOLUTION - ENDORSING A SEPARATE LOWER COUNTY PERSONAL PROPERTY TAX FOR AIRCRAFT. On motion of Mr. Murray, seconded by Mr. Tolbert, the follow- ing resolution was proposed: WHEREAS , Section 58-829 . 5 of the Code of Virginia allows for a separate personal property tax rate for certain air- craft, and ' - WHEREAS, Loudoun County presently levies one of the highest personal property tax rates on aircraft in the United States, and WHEREAS, general aviation airports can significantly improve air traffic safety by relieving congestion and reducing the mix of commercial and non-commercial aircraft at major hub air carrier airports, and WHEREAS, Leesburg Municipal Airport has been designated by the Federal Aviation Administration (FAA) as one of the 86 major reliever general aviation airports in the United States and has been included in the $100 , 000 , 000 FAA satellite air- port program, and WHEREAS, a lower personal property tax for aircraft will make Leesburg Municipal Airport more attractive to business aircraft users which will help foster clean industry and business to the greater Leesburg area, and WHEREAS, a reduction in the personal property tax on aircraft can mean a net increase in revenue to Loudoun County as de- scribed in a letter from the Leesburg Airport Commission to the Loudoun County Commissioner of Revenue dated October 19 , 1979 . THEREFORE, RESOLVED by the council of the Town of Leesburg, Virginia, as follows : SECTION I . A reduction in the personal property tax rate on aircraft to a rate comparable with that imposed by other jur- isdictions in the Northern Virginia area is endorsed. SECTION II . The manager is authorized and directed to trans- mit a copy of this resolution to the present membership of the Loudoun County Board of Supervisors and Supervisors-elect. Mr. Murray felt that our personal property tax is one of the highest in the country . Mr. Hill felt this is a good move on the part of the Commissioner of Revenue . An aircraft does not use roads - we do not have to provide them with anything except a place to land. ,: These people base these planes out here about 111/2 months out of the year and then base them somewhere else the last of December. Mr. Murray thought this loophole had been closed - they are no longer allowed to take them from one place to another the end of December and then bring them back the first of January . The resolution was unanimously adopted : Aye : Councilmembers Herrell , M. Hill, Murray, Tolbert and Mayor Pro-Tem D. Hill . Nay: None. 79-177 - RESOLUTION - REGARDING BOARD OF ARCHITECTURAL REVIEW ACTION ON 23-25 SOUTH KING STREET. On motion of Mrs . Hill , seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS , the Board of Architectural Review refused a revised historic district zoning permit for C. Herbert Pearson ' s building at 23-25 South King Street because the building ex- ceeds the height shown on plans originally approved by the Board; and MINUTES OF DECEMBER 12 , 1979 MEETING. 9 WHEREAS, the Board on November 20 referred the matter to 1 2e) this Council : THEREFORE , RESOLVED by the Council of the Town of Leesburg in Virginia, as follows : SECTION I . The Board ' s concern for enforcement of the his- toric district zoning regulations is appreciated. SECTION II . The Town Attorney is directed to advise the Board of Architectural Review as to what steps the town can take in cases involving violation of the historic dis- trict zoning regulations. Mr. Herrell said the Board asked what recourse the town has and this will give them an answer. The resolution was unanimously adopted : Aye : Councilmembers Herrell, M. Hill , Murray, Tolbert and Mayor Pro-Tem D. Hill . Nay: None. CD PROPOSED RESOLUTION REQUESTING A PLAN FOR AN IMPROVED HOUSE NUMBERING CO SYSTEM. W On motion of Mrs. Hill , seconded by Mr. Tolbert, the following resolution was proposed : Q Q WHEREAS, the house numbering plan in Leesburg does not identify the location of properties as within a specific block; and WHEREAS, fire and rescue agencies serving Leesburg recom- mend improvements to the house numbering plan : THEREFORE, RESOLVED by the Council of the Town of Leesburg, I/ Virginia, as follows : The manager is directed to prepare a plan for an improved house numbering system and to submit the plan to this Coun- cil for review by February 1 , 1980 . The plan shall include a schedule for implementation, draft legislation necessary to adopt a new system and recommendations for securing public understanding and acceptance of a new system. There was lengthy discussion concerning this proposed project, with Mrs . Hill expressing reasons for it and Mr. Hill citing examples in opposition. Mr. Herrell also had a lot of questions on the subject. Mr. Niccolls said this resolution addresses only the renumbering of properties - however, he did not wish to spend a lot of time on it unless he is directed to. He would think that the Fire Dept. , Rescue Squad and Police Department would not be called into it until the im- plementation stage. Mayor Rollins joined the meeting during this discussion. A roll call vote on the resolution defeated it : Aye: Councilmembers M. Hill, Murray and Tolbert. Nay : Councilmembers Herrell, D. Hill and Mayor Rollins . Mayor Rollins assumed the Chair at this time. 79-178 - RESOLUTION - APPOINTING MEMBERS TO THE PLANNING COMMISSION . On motion of Mr. Herrell, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the terms of office of Hunter M. Leach and William F. Webb, Jr. , as members of the Leesburg Planning Commission, expire on December 31, 1979 , RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : MINUTES OF DECEMBER 12 , 1979 MEETING. 124 Hunter M. Leach and William F . Webb, Jr. are appointed/ reappointed members of the Leesburg Planning Commission for a term of four years , the term of office to expire on December 31 , 1983 . Aye : Councilmembers Herrell, D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins . Nay: None. 79-179 - RESOLUTION - REQUESTING PERMISSION FROM VEPCO AND ASSUMING RESPONSIBILITY FOR CHRISTMAS LIGHTING. On motion of Mr. Murray, seconded by Mrs Hill , the following resolution was proposed and unanimously adopted : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The Town Manager is authorized to make applica- tion to the Virginia Electric and Power Company for the privilege of attaching to a number of their poles along King Street and Market Street certain wires and other fixtures necessary to provide decorative lighting for the Christmas season. SECTION II . The Town will assume all responsibility for each installation and agrees to save harmless from any loss , cost, injury or damage to persons or property re- sulting out of or arising from the installation, operation, use, non-use or removal of such installations . Aye: Councilmembers Herrell , D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins . Nay : None . 79-180 - RESOLUTION - ESTABLISHING HOLIDAYS . On motion of Mr. Hill, seconded by Mayor Rollins , the follow- ing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The morning of December 24 , 1979 and all of December 31 , 1979 are established as paid holidays under the provisions of Sec . 12 . 1-45 of the Town Code. Mayor Rollins felt that many of the town ' s employees are not paid what they should be and a lot of them put in overtime for no com- pensation. This is one time Council can show its appreciation to them. Also, the Federal Government is getting all of Christmas Eve and the State is getting both. The resolution was unanimously adopted : Aye : Councilmembers Herrell , D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins . Nay : None . A new business item concerning public hearing on Zoning Ordi- nance amendments will be discussed at the Finance and Administra- tion Committee since Mr. Herrell objected to action on it tonight. Mayor Rollins objected to considering another new business item concerning the Airport Commission. This item will also be discussed at the next Finance and Administration Committee meeting. 79-181 - RESOLUTION - RECOMMENDING APPOINTMENT .TO BOARD OF ZONING APPEALS . Mayor Rollins reminded Council that the term of George G. Fairall expires as a member of the Board of Zoning Appeals on December 31, 1979 . It was the consensus of Council that Mr. Martin prepare an Order for the Circuit Court to appoint Mr. Fairall for a new term on that Board. On motion made and duly seconded, the fol- following resolution was proposed and unanimously adopted: MINUTES OF DECEMBER 12 , 1979 MEETING. 125 WHEREAS, the term of George G. Fairall as a member of the Leesburg Board of Zoning Appeals expires on December 31, 1979 ; RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Council recommends the reappointment of George G. Fairall for a term of five years, beginning January 1 , 1980 and expiring December 31, 1984 , and the Mayor is directed to send Council ' s recommendation to the Judge of the Circuit IICourt. Ili Aye : Councilmembers Herrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins . Nay: None. On motion of Mr. Tolbert, seconded by Mr. Murray, Council voted unanimously not to meet on December 26 , 1979 , but that the next meeting will be on the second Wednesday in January of 1980 : Aye : Councilmembers Herrell , D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins . Nay : None . On motion of Mr. Tolbert, seconded by Mr. Herrell, Council voted unanimously to adjourn at 8 : 21 P .M. Mayor //9 "---/ Clerk of tCouncil I . t I I