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HomeMy Public PortalAbout1980_05_14 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 14 , 1980 . 230 A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg, Virginia, on May 14 , 1980 at 7 : 30 P.M. The meeting was called to order by Mayor Pro-Tem Hill , in the absence of the Mayor. The invocation was given by Mr. Tolbert and followed with the Salute to the Flag led by Mr. Herrell . Present were: Mayor Pro-Tem G. Dewey Hill , Jr. , Councilmembers Glen P. Cole, Stanley D. Herrell , Jr. , Marylou Hill and John W. Tolbert, Jr. ; also Town Manager John Niccolls, Assistant Manager Jeffrey H. Minor , Director of Finance Donald O. Taylor and Town Attorney George M. Martin. Absent from the meeting were: Mayor Kenneth B . Rollins and Councilmember Walter F. Murray. gildi The minutes of the regular meeting of April 9 , 1980; the special meeting of April 14 , 1980 and the regular meeting of April 23, 1980 were approved as written. Mr. Hill welcomed Mr. Charles A. Bos , newly elected council- member who' will be taking office on July 1. Mr. Bos responded by saying he is looking forward to working with the Council and staff.. MANAGER'S REPORT: ( 1) Council is aware of an incident that occurred at the Loudoun Memorial Hospital Emergency Room last night. A complete investigation will be conducted by the Leesburg Police Department. In order to satisfy himself that the investigation is complete and in accordance with appropriate laws, he discussed this matter with Commonwealth 's Attorney Tom Horne today - he has agreed to review the investigation reports. Sgt. Evans has been suspended from his responsibilities and duties indefinitely pending investigation of the events and the results of his hospitalization and medical reports. He is insured for disability of this sort - therefore, he does not anticipate that there will be a severe hardship for his family as a result of this suspension. He has close to 30 days ' sick leave and disability at 60 percent of his salary for two years. It is hoped this will make his recovery a little easier. ( 2) A cash balance report has been prepared by Mr. Taylor. II (3) A capital projects summary has been prepared by the En- gineering Department. (4) He called attention to a memorandum concerning some questions raised by Mayor Rollins and Mr. Hill several weeks ago ' with regard to the present and future water systems . ( 5) The Lamplighter edition is at the typesetter 's being prepared for printing. If there are any changes , additions or corrections, they should be made tonight. He called attention to one deletion concerning the sewage treatment plant. (6) Good news is that Leesburg is fifth on a list of 18 sewage treatment plant expansion projects for the fiscal year 1981, as published by the staff of the State Water Control Board. This list is the subject of hearings being conducted in Richmond . today and tomorrow. We expect this list to be approved in sub- stantially the same form. If federal funds are available and not frozen, funds are pretty much assured. The COG review was ' successful - they found our plans to be in conformance with area plans . ( 7) He called attention to a memo concerning a counter-offer by the Paxton Home. This will be discussed by the Finance and Ad- ministration Committee next week. ( 8) The bad news is that the bid advertisement for the Rt. 7 East project has been moved forward to November of 1981 . This de- lay is required by a shortfall of State revenues. The Commissioner for our district has been contacted concerning this. The Council needs to be representediat-the Highway Commission allocation hear- ings on June 19th in Richmond - the Mayor will be going. The utili- ties in connection with this project have been moved, the rights- of-way secured, etc. This also delays the installation of a traf- fic light at Plaza Street. MINUTES OF MAY 14 , 1980 MEETING. (9) Mr. Shope found we had miscalculated the amount of 231 money spent on the I/I program. Where it was thought we had overspent, we are actually under, so they will continue some of the work originally planned. (10) The test street lights to be installed in the downtown area should be here shortly and Council will be notified when they are in place. (11) The old storm sewer was connected to the new one just south of the F&M Bank last week. (12) The contractor on the Potomac River plant is only eight days behind his own schedule for the work, so the job is going very well . (13) Item 2 on the Agenda concerning the Phase IV storm drain- age project is not ready yet. The bids were opened but more time is needed to research the qualifications and experience of this par- ticular construction company. There may be some revision in the plans . The bid came in at $325, 000 and there is $350 , 000 in the budget. The engineert estimate was $305 , 000 . A bid tabulation CO will be prepared for the committee meeting. NCOUNCILMEMBER COMMENTS : W Mr. Herrell complimented the staff on the Lamplighter - he Q thought it was well done. Mr. Niccolls said the credit goes to Q Mr. Minor. Mr. Tolbert recognized Mr. Sumpter and Mr. •LeGac, both of them connected with the airport. 80-54 - RESOLUTION - AUTHORIZING A CONTRACT FOR ARCHEOLOGICAL IN- VESTIGATION OF POTTER'S FIELD. ' On motion of Mr. Tolbert, seconded by Mrs . Hill, the follow- ing resolution was proposed: WHEREAS , the Town, by decree of the Circuit Court of Loudoun County entered January 15 , 1980 , was confirmed as the fee simple owner of Potter ' s Field, a 34 , 344 square foot tract on the north side of East Market Street near Catoctin Circle; and WHEREAS , the Court, on May 2, 1980 , revised the decree to also authorize respectful disinterment of human remains found on the site in conjunction with archeological investi- gation and historic research; and WHEREAS , a comprehensive proposal by a qualified archeologist has been received: THEREFORE, RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : SECTION I. The manager shall enter into a contract in a form approved by the Town Attorney with Leonard E. Winter, 1502-204 Conway Drive , Williamsburg, Virginia 23185, for disinterment of human remains and archeological investigation of Potter 's Field in line with his April 22 , 1980 proposal for the work at a cost not to exceed $16 ,000 plus $200 for each grave ex- cavation in excess of thirty-six. SECTION II. An appropriation is made from the general fund to Account No. 14020 . 285, Potter ' s Field, in the amount of $16 , 000 for the fiscal year ending June 30 , 1980 . Mr. Hill assumed this would free up this land for some kind of dis- posal. Mr. Niccolls said it is a distinct asset and this will eliminate all restrictions on it. This archeologist has counted 36 depressed areas . Mr. Hill said this represents only a small percentage of what the land is worth. The resolution was unani- mously adopted: MINUTES OF MAY 14 , 1980 MEETING . 232 Aye: Councilmembers Cole, Herrell, M. Hill, Tolbert and Mayor Pro-Tem D. Hill . Nay : None. 80-55 - RESOLUTION - APPROVING A TENTATIVE BUDGET AND TAX RATE FOR THE FISCAL YEAR ENDING JUNE 30 , 1981 AND SETTING A PUBLIC HEARING ON THE BUDGET. On motion of Mr. Cole, seconded by Mr. Herrell, the following resolution was proposed: WHEREAS , the manager on March 26, 1980 submitted a proposed budget for the Town of Leesburg for the fiscal year ending June 30 , 1981; and WHEREAS , the Council has reviewed the proposed budget and made certain revisions ; and WHEREAS, Sections 15. 1-162 and 58-785 . 1 of the Code of Vir- ginia and federal regulations require a hearing on the pro- posed budget and tax rate following public notice : THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. A tentative budget and tax rate for the fiscal year ending June 30 , 1981, as set out in the draft "Public Notice and Summary of the Proposed 1981 Budget" , dated May 9 , 1980 and filed with the Clerk of Council is approved. SECTION II. A public hearing on the proposed budget and tax rate for the fiscal year ending June 30 , 1981 shall be held on June 11, 1980 at 7 : 30 P .M. in the Council Chambers. SECTION III . The notice of public hearing and summary of the proposed 1981 budget shall be published in the Loudoun Times-Mirror on May 29 , 1980 . Mr. Hill pointed out that this proposes no increase in the tax rate. The resolution was unanimously adopted: Aye : Councilmembers Cole, Herrell , M. Hill , Tolbert and Mayor Pro-Tem D. Hill. Nay : None. 80-56 - RESOLUTION - REGARDING AN APPLICATION FOR COMMUNITY DE- VELOPMENT FUNDS . On motion of Mrs . Hill, seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The manager is authorized to submit an applica- tion to the Department of Housing and Urban Development for small cities single purpose funds in the amount of $342, 400 to construct a Plaza Street area park and storm drainage facility for the Waverly Heights Subdivision. These facili- ties will be the same as generally described in the October 15, 1979 preapplication submitted for these funds . SECTION II . If approved by HUD, the manager is authorized and directed to execute HUD Form 7082 with the standard contract conditions. SECTION III. The manager is authorized and directed to exe- cute on behalf of the Town a cooperation agreement with the County of Loudoun to be approved in form by the manager and town attorney which shall authorize theCountyof Loudoun and Town of Leesburg to submit a joint housing assistance plan as a part of its application for these funds. MINUTES OF MAY 14 , 1980 MEETING . Mr. Hill asked if the County has approved this? Mr. Niccolls 233 said they are expected to act formally on May 19th . This form was prepared by the County Attorney 's office - this is the specific agreement that will be executed. The town has done nothing on this but to endorse the County 's program several months ago. Now HUD says there must be an agreement. We will propose a specific number of rehabilitation projects to be conducted by the County housing office . They will then try to find five owner-occupied dwellings in need of physical rehabilitation within the town. A grant or loan will then be available to the owners to do the necessary work . The other half of the program is that the County will try to find five dwellings in Leesburg and make them eligible for Section 8 rent assistance. There will be a total of 10 of these units . The resolution was unanimously adopted : Aye : Councilmembers Cole, Herrell , M. Hill, Tolbert and Mayor Pro-Tem D. Hill . Nay : None. 80-57 - RESOLUTION - APPROVING THE SALE OF STOCK IN CENTURY AVIATION, INC. TO DIESEL SUPPLIES INTERNATIONAL, INC. , PAUL M. LEGAC, RAILWAYS SERVICES INTERNATIONAL, CO INC. AND WILLIAM L. DICKEY. N On motion of Mr. Tolbert, seconded by Mrs. Hill, the following resolution was proposed : Q WHEREAS, the present stockholders of Century Aviation, Inc. Q desire to sell 9, 000 shares of common stock to Diesel Sup- plies International , Inc. , a Delaware corporation, Paul M. Legac, an individual of McLean, Va. , Railway Services In ternational, Inc. , a Delaware corporation, William L. Dickey, an individual of McLean, Va. in order to re- capitalize and reorganize the firm; and WHEREAS, Article XIV, Section 1 of the Lease and Operating Agreement between the Town of Leesburg and Century Aviation, Inc. , requires Council approval of any sale or transfer of stock in aggregate of more than ten percent of new parties ; and WHEREAS, the Leesburg Airport Commission has endorsed the proposed sale of stock to the aforementioned individuals and corporations ; THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: SECTION I. Subject to the conditions outlined in Section II of this resolution, the sale of 9 , 000 shares of common stock in Century Aviation, Inc. to Diesel Supplies Inter- national, Inc . , Paul M. Legac, Railway Services International , Inc . , and William L. Dickey in line with a April 18 , 1980 proposal and related documents and instruments submitted by William L. Dickey, is approved. SECTION II . Approval of the aforementioned stock sale shall be contingent on the happening of all of the following with- in the time limits specified: (a) FBO fees for Century Aviation 's 1980-81 FBO license shall be paid by July 1 as required by town ordinance and regulation. (b) Century Aviation, Inc. shall pay overdue bills in the amount of $110 for snow removal and bulb replacement at the airport. (c) Century Aviation, Inc. shall pay to the town within 15 days of receipt of its invoice, an amount equal to the town 's premium for Century Aviation leasehold liability insurance at the airport in force from January 1, 1980 through the date of cancellation. MINUTES OF MAY 14 , 1980 MEETING . • 234 (d) Century Aviation, Inc. shall pay to the Loudoun County Treasurer 's Office $1, 536 . 96 which represents overdue real and personal property taxes . (e) The Town shall receive a photostatic copy of the exe- cuted Recapitalization and Reorganization Agreement con- cerning this investment in Century Aviation, Inc. SECTION III . If any of the above conditions are not met within the deadlines provided or any extensions agreed to by the Town Council, the approval of the stock sale granted herein shall become null and void. Mr. Tolbert said the resolution speaks for itself. The Airport Commission has endorsed the sale of stock . One of the principal stockholders is here tonight. Mr. Paul Legac, representing him- self as an individual and as President of Diesel Supplies Inter- national, Inc and Railway Services International, Inc. , said Mr. Dickey was not able to be present tonight. They affirm to the Council what they have done with the Airport Commission and hope Council will not ever regret agreeing to this resolution. They hope to have Century Aviation running much more smoothly almost immediately.- There are new things in the making - a new and continued investment as the new distributor for the multi- engine line for Cessna aircraft. This should cause some new jobs in the Leesburg area. Century has hired new people al- ready, and hopefully it will tend to create more business in the area. Mr. Hill asked if this offer is a little under what Mr. Minor and others thought necessary? He felt the town has a good facility and he doesn 't want to repeat this in another year or so. Mr. Tolbert said the Airport Commission saw his confidential report, which is just as sound as a dollar. The Commission was satisfied with the financial arrangement. Mr. Hill welcomed Mr. Legac and said the Council looks forward to their success. Mr. Legac said the requirements, as far as Century is concerned, are confidential, however, he didn 't think anyone had tried to keep anything secret. $160 ,000 has been invested incCentury and, within the last four days, there has. beenanother $40 ,000 - a total of $200 , 000 invested in this operation. He felt confident that, with the fine facilities there now and with proper operation, it can be a good profit- making business for Century and, in turn, for the Town of Lees- burg and helping support some of the people in the area. Im- portantly, there should be a return on a certain amount of the investment. Mr. Hill commented that it is in far better shape than it was 7 to 9 years ago. Mr. Legac said they just need a little time and a little strengthening of the economy. It would have to be some bad luck to go wrong again. Mr. Hill felt they could not find a more compatible municipality to deal with than Leesburg as far as the airport goes . Mr. Legac under- stood that Mr. Sumpter has mailed the checks to bring everything up-to-date. Mr. Ralph Sumpter said that, basically, they have enough capital to make everything run smoothly now. From the beginning when they first took over, they were under-capitalized: Now they will be able to run it in their very best manner. They will be getting the dealership for the Cessna twin-engine planes and will be the only dealer in about a 200-mile area - this will be good for everybody concerned. Mr. Niccolls called attention to the fact that Item (d) specifies no deadline for payment of real and personal prop- erty taxes . On motion of Mr. Herrell , seconded by Mr. Cole, an amendment was unanimously adopted to add at the end of Item (d) the following : "to be paid by July 1 , 1980 . " Aye : Councilmembers Cole, Herrell, M. Hill, Tolbert and Mayor Pro-Tem D. Hill . Nay: None. MINUTES OF MAY 14 , 1980 MEETING. The resolution, as amended, was unanimously adopted: 235 Aye: Councilmembers Cole, Herrell , M. Hill, Tolbert and Mayor Pro-Tem D. Hill . Nay : None. 80-58 - RESOLUTION - MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30 , 1980 . On motion of Mr. Herrell, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: II RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The following appropriations are made from the General Fund to accounts below for the fiscal year ending June 30 , 1980 : Account No. 20900 . 801 - $1 , 500 , 000 Bonds, Interest $55, 314 . 00 CD Account No. 20900 . 700 - Bank Service Charge 300 . 00 NSECTION II . A supplemental appropriation is made from the General Fund to Account No. 3010 . 251 , Legal Services, in W the amount of $6 ,900 . 00 for the fiscal year ending June 30 , Q 1980 . Q Aye: Councilmembers Cole, Herrell, M. Hill, Tolbert and Mayor Pro-Tem D. Hill . Nay : None. On motion of Mr. Hill, seconded by Mr. Herrell, Council voted unanimously to go into executive session to discuss a personnel Smatter: Aye: Councilmembers Cole , Herrell, M. Hill, Tolbert and Mayor Pro-Tem D. Hill, Nay : None. Council reconvened and on motion, duly seconded, voted unanimously to adjourn, with no action taken. Mayo f r6-Te Clerk of thh Council