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HomeMy Public PortalAbout1980_08_13 281 MINUTES OF AUGUST 13 , 1980 MEETING. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on August 13 , 1980 at 7 : 30 p.m. The meeting was called to order by the Mayor, with Mr. Tolbert giving the invocation and the salute to the flag led by Mr. Hill . Present were : Mayor Kenneth B . Rollins, Councilmembers : Charles A. Bos, G. Dewey Hill , Jr. , Marylou Hill , John W. Tolbert, Jr. , and Howard M. Willis , Jr. , also Town Manager, John Niccolls, and Town Attorney George M. Martin. Absent from the meeting was Councilmember Stanley D. Herrell , Jr . The minutes of the regular meeting of July 23, 1980 were approved as written . Mayor Rollins announced the special meeting for cable television has been scheduled for Tuesday night, August 19 , 1980 at 7 : 30 p.m. He stated that not only the applicants or their agents will be recognized but the general public will also be able to speak at that time. The matter will go to committee again and the Council will debate and make the award on August 27 , CD 1980, during the regular session of the Council . NMANAGER' S STAFF REPORT ON EVALUATION OF CABLE TV BIDS w Mr . Niccolls distributed copies of the written evaluation Q report to Council and to the representatives of the firms . He Q reported that the evaluation of these bids has been a difficult task and that each of the firms are uniquely qualified in many areas . The company recommended by the staff evaluation was Matrix. Mr. Niccolls and Mr. Minor outlined the contents of the report to the Council at this time . In concluding the report Mr. Niccolls emphasized that the methodology in evaluating these bids was designed to arrive at the over-all best of the proposals and not to rank them 1 , 2, etc . He stated that he and Mr. Minor ' felt the Matrix proposal was sufficiently superior to make any further rankings unnecessary . He explained that a resolution of intent would be made prior to the final award due to the many documents that will need to be prepared prior to the actual award. Mayor Rollins thanked the staff for their exhaustive efforts in evaluating the bids . He explained that the final decision would be made by the full Council after the applicants ' final presentations. The Mayor asked if anyone had any questions re- garding the future schedule of events regarding this matter . Mr . Ottinger asked if 45 minutes would be allowed for the Tuesday presentations . The Mayor stated he 'did not intend to limit the presentations unless: he was overruled on this matter . He did state that when the Council goes into regular session on August 27 to decide this issue he did not feel the Chair should recognize anyone with any further comments--that all comments should be made on the 19th . COUNCILMEMBER COMMENTS : Mr . Hill congratulated Mr. Minor and Mr. Niccolls for their report, stating it would be helpful . Mrs . Hill reported that she had a phone call from a citizen objecting to the parking ban on Church between Market and North during August Court Days--asking where he is to park. Mr . Niccolls volunteered to contact the County for permission to park on the County parking lot during this period--Council asked him to pursue this . Mr. Tolbert asked about the patch on Old Waterford Road. Mr. Niccolls stated that this was a Washington Gas Light patch and that the engineering department has already been asked to have this corrected as soon as possible. 282 MINUTES OF AUGUST 13 , 1980 MEETING. AN ORDINANCE - AMENDING CHAPTER 10 OF THE TOWN CODE Mrs . Hill had a question about how this matter got re- ported out of committee. She objected to the ordinance as presented and it was referred back to the Finance and Ad- ministration Committee . AN ORDINANCE: ADDING A NEW CHAPTER TO THE TOWN CODE TO BE KNOWN AS CHAPTER 14 . 1, PUBLIC PROPERTY . On motion of Mr. Hill , seconded by Mr. Willis, the fol- lowing ordinance was proposed : ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . A new chapter is added to the Town Code to be known as Chapter 14 .1 , Public Property, to read as follows : Chapter 14 . 1 PUBLIC PROPERTY Sec . 14 . 1-1 . Public property generally. The manager shall be responsible for the operation and maintenance of all real and personal property owned by the town except as otherwise determined by the Council . The manager is authorized to assign the responsibility for operation and maintenance of specific property to subordinate officers and employees of the town. Sec . 14 . 1-2 . Permit required for use of public property. Except as otherwise provided, it shall be unlawful for any person to use any public property for private purposes until and unless a permit therefor shall have first been obtained from the manager. The manager shall impose such reasonable terms and conditions as are necessary and appropriate to protect the public and the property, including requirements for public liability insurance and bonds to guarantee protection and restoration of the property for which use is allowed . Mrs . Hill moved to amend Sec . 14 . 1-2 to change "The manager shall impose" to "The Council shall impose. " This motion was seconded by Mr. Willis . In discussion on this matter Mrs . Hill stated that she felt this was a legislative power of the Council that should be retained. Mr . Niccolls explained that this matter came up as a result from a re- quest from the artisans for use of the grounds at the log cabin and that the ordinance was not meant for permission to use the streets but rather for allowing minor requests, i .e. use of the Council Chambers for a meeting . Mr . Niccolls suggested sending this ordinance back to committee for making some exceptions to the ordinance as proposed. Mr. Tolbert moved to send this ordinance back to committee. This motion was seconded by Mr . Bos . The vote on the motion was : Aye : Councilmembers Bos , D . Hill , Tolbert, WillisI/ and Mayor Rollins Nay : M. Hill 80-92 - RESOLUTION - REFERRING PROPOSED AMENDMENTS OF THE SUB- DIVISION AND LAND DEVELOPMENT REGULATIONS TO THE PLANNING COMMISSION. On motion of Mrs . Hill , seconded by Mr. Hill , the fol- lowing resolution was proposed: MINUTES OF AUGUST 13 , 1980 MEETING . 283 WHEREAS , draft amendments dated July 21, 1980 to the Subdivision and Land Development Regulations have been prepared: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The draft amendments to the Subdivision and Land De- velopment Regulations are referred to the Planning Commission for action under Section 15 . 1-472 of the Code of Virginia, 1950 as amended. On motion of Mrs . Hill, seconded by Mr. Bos,., Council voted unanimously to amend the resolution by adding in the second paragraph after the word "regulations" the following : . . and any other changes that the Commission deems necessary. " Discussion on this resolution resulted in a motion by CO Mrs . Hill that the Council approve the Planning Commission studying the proposed changes to the Zoning Ordinance beyond CO the 90-day requirement until such time as they are ready to (V get it out. This motion was seconded by Mr. Tolbert. This W motion was passed unanimously. QThe resolution as amended was then adopted unanimously . Aye : Councilmembers Bos, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins . Nay : None. 80-93. - RESOLUTION - MAKING APPOINTMENTS TO THE BOARD OF I/ GRIEVANCE COMMISSIONERS . On motion of Mr. Tolbert, seconded by Mr. Willis, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg , Virginia, as follows : In accordance with Section 12 .1-55 of the Personnel Manual for the Town of Leesburg, the following persons are appointed for terms expiring June 30 , 1981 to the Board of Grievance Commissioners : Non-Supervisory Employee Members Mary Mack Nelson Downs Janet Smith Catherine Mabe Shirley Haines David Fawley Supervisory Employee Members Hazel Church Preston Bell Randolph Shoemaker Citizen Members Wayne Reynolds Roland Flint Rev. Charles H . Roberts The resolution was adopted unanimously . Aye : Councilmembers : Bos, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins Nay : None 284 MINUTES OF AUGUST 13 , 1980 MEETING. 80-94 - RESOLUTION - MAKING APPOINTMENT TO THE LEESBURG AIR- PORT COMMISSION. On motion of Mr. Tolbert , seconded by Mrs . Hill , the following resolution was adopted unanimously. WHEREAS , the Leesburg Airport Commission has unani- mously endorsed the following appointment; THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : • The following appointment is made to the Leesburg Airport Commission for the term indicated herein: John Jacobs for a term expiring June 30 , 1984 . Aye : Councilmembers Bos, D. Hill , M. Hill , Tolbert, Willis and Mayor Rollins Nay : None 80-95 - RESOLUTION - AUTHORIZING AN AGREEMENT FOR UPDATING AND REVISING THE LEESBURG COMPREHENSIVE PLAN. On motion of Mr. Willis, seconded by Mrs . Hill, the following resolution was adopted unanimously. WHEREAS, Section 15 .1-454 of the Code of Virginia, 1950 as amended, requires review of the comprehensive plan at least once every five years; and WHEREAS, a proposal has been received from Kamstra, Dickerson and Associates, Inc . , Architects, Designers and Planners, 1608 Washington Plaza, Reston, Virginia, 22090 for updating and revising the Leesburg Compre- hensive Plan: THEREFORE , RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The manager shall enter into a contract in • a form approved by the Town Attorney with Kamstra, Dickerson and Associates , Inc . , for updating and re- vising the Leesburg Comprehensive Plan in accordance with the firm' s proposal received July 14 , 1980 at a cost not to exceed $29 , 670 .00 . SECTION II . An appropriation is made from the General Fund to Account No . 5020 . 250, Expert Services, in the amount of $10 , 000 .00 for the fiscal year ending June 30 , 1981 . SECTION III . An appropriation is made from the Utility Fund to the accounts shown below for the fiscal year ending June 30, 1981 , as follows : Account No . and Name Appropriation 20400 . 803 Water System Master Plan $ 10, 000 . 00 20600 . 801C Sewer System Master Plan 10, 000 .00 Mr . Bos asked for the reason the funding was dis- tributed through three accounts . Mr. Niccolls explained that the water and sewer master plans will be updated through this single study . Aye: Councilmembers Bos, D . Hill, M. Hill, Tolbert, Willis and Mayor Rollins . Nay : None 90-96 - RESOLUTION - AUTHORIZING YOUNT, HYDE & CO. TO CON- 285 DUCT ANNUAL AUDIT. On motion of Mr. Tolbert, seconded by Mr. Willis the following resolution was adopted unanimously: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: SECTION I . Yount, Hyde and Company, certified public accountants, is hereby authorized to con- duct the annual audit for the Town of Leesburg at a cost not to exceed Seven Thousand Eight Hundred Dollars ($7 , 800 . 00) unless the scope of the audit extends beyond normal circumstances, and twenty-five (25) copies of the final report shall be delivered to the Town by October 31 , 1980 . SECTION II . An appropriation is made from the General Fund to Account No . 4020 . 253, Audit, in the amount of $800 . 00 for the fiscal year ending June 30 , 1981 . CO Aye: Councilmembers Bos, D. Hill, M. Hill, Tolbert, CO Willis and Mayor Rollins . CO W Nay : None Q 80-97 - RESOLUTION - MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30 , 1980 . On motion of Mr. D. 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 following appropriations are made from the General Fund to the accounts below for the fiscal year ending June 30 , 1980 : Acct . No . 1011 . 230 Advertising $ 76 . 00 Acct. No . 5010 . 203 Books and Publications 13 . 00 Acct. No . 9010 . 201 Materials and Supplies 9 . 00 Acct . No . 9010 . 219 Equipment Repairs 20 . 00 Acct . No . 10200 . 219 Auto & Equipment Repair 241 . 00 Acct. No . 10200 . 257 Tools 13 .00 Acct. No . 10210 . 103 Part Time 87 .00 Acct . No . 10210 . 220 Building and Grounds 377 . 00 SECTION II . The following appropriations are made from the Utility Fund to the accounts below for the fiscal year ending June 30 , 1980 : Acct. No. 20300 . 229 Uniforms and Laundry 139 .00 Acct. No. 20300 . 257 Tools 50 .00 Acct. No . 20600 . 801 Facility Planning 150 . 00 SECTION III . The following appropriations are made from the Airport Fund to the accounts below for the fiscal year ending June 30 , 1980 : Acct. No. 30000 . 211 Electricity 171 .00 Acct. No . 30000 . 287 Transfer to General Fund 8, 562 . 00 Discussion on this matter showed that these appropriations were to balance the books for the end of the fiscal year. Mayor Rollins asked if some of these items had been paid-- some have and some have not. Mr. Niccolls explained that the transfer to the general fund from the airport fund was to reimburse the general fund for inspections at the airport-- that is a revenue to the general fund. 280 MINUTES OF AUGUST 13, 1980 MEETING. The resolution was adopted by a vote of 5 to 1 . AYE : Councilmembers Bos , D. Hill , M. Hill , Tolbert and Willis NAY: Mayor Rollins On motion of D. Hill , seconded by M. Hill the meeting adjourned at 9 : 29 p.m. 1 Mayor Clerk o Council Pro-Tem - 1