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HomeMy Public PortalAbout1981_12_09 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 9 , 1981.261 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on December 9 , 1981 at 7 : 30 p.m. The meeting was called to order by the Mayor, with Mr. Tolbert giving the invocation,and followed with the Salute to the Flag led by Mr. Willis. Present were Mayor Kenneth B. Rollins, Councilmembers Charles A. Bos, Stanley D. Her- rell , Jr. , G. Dewey Hill, Jr. , Marylou Hill, John W. Tolbert, Jr. and Howard M. Willis, Jr. ; also Town Manager John Niccolls, As- sistant Manager Jeffrey H. Minor , Assistant to the Manager for Community Development Marc Weiss, Director of Engineering Andrew G. Shope, Director of Finance Donald O. Taylor and Town Attorney George M. Martin. PUBLIC HEARING ON REZONING APPLICATION #ZM-36 - JOHN A. WALLACE, JR. TEE. There was no-one present to speak either for or against this proposed rezoning. Mrs.- Hill reported that the Planning Commission voted unanimously to approve the rezoning of this property. She said there was no-one present at the Planning Commission hearing either for or against it. Mayor Rollins declared the hearing ad- journed and referred this rezoning to the Finance and Administra- 0 tion Committee at its next session. MANAGER' S REPORT: Q (1) Mr. Niccolls highlighted some of the items from the written Q Activity Report : (a) Concerning cable TV, the franchisee is having some difficulty in extending service to some of the apartment complexes in Leesburg. This is significant because it represents a large population of potential users . We will expect further reports from the cable company, as well as from the Advisory Commission. We are learning more and more about using Channel 15. An audio signal has been added this week and we are cablecasting more and more public service announcements. We have even had some reports from cable users that they are gaining information about public matters. (b) Under Community Development, the consultant ' s first draft report on existing conditions in the South Harrison Street neighborhood has been received early this week. It is a high quality report but rather boring, except those parts of it that deal specifically with the economic development potential of the area. There is some fine analysis work that has been done by the consultant in that area. (c) The Loudoun County School Board acted last night in- dicating its willingness to provide the right-of-way across the high school property for the Catoctin Circle extension. They im- posed four conditions, none of which, in his view, are unreason- able. We are now turning our attention to securing a permit across the right-of-way owned by the Northern Virginia Park Au- thority. Finally, we will turn our attention to the acquisition of the two private property rights - a sliver of land from the property that fronts on Dry Mill and the . 34 acres from the heirs of the diZerega estate. (d) The work upstairs on the committee room is continuing - if you would like to stop by you can see these facili- ties taking shape. He has asked Marc Weiss to basically do the in- 11 terior designs (color scheming , carpet selection, furnishings se- lection, specifications and purchasing) . We are now in the process of reviewing bids for the mechanical work . (heating, ventilation, air conditioning and electrical work) . They think they can bring it in at well below the cost estimate from the architect. There will be more on this at committee meetings next month. 26 2 MINUTES OF DECEMBER 9 , 1981 MEETING. U (e) He hoped councilmembers would drive by Plaza Street Park. They will be installing the playground equipment. While it is winter and there will not be much play activity, members can see what is going on out there. It should be done in a few weeks . (f) This will be the last regular meeting at which Mayor Rollins will preside. The last three and a half years have been exceptional in their productivity as far as the staff is con- cerned and their relationships with the Mayor and Council have grown and progressed under his .leadership. He extended to Mayor Rollins his personal good wishes for his service in the General Assembly. COUNCILMEMBER INQUIRIES AND COMMENTS : Mr . Bos said the wrecked VW from a double death accident a few weeks ago has been in front of the gas station at Route 15 and Fair- fax Street for several weeks now - he doesn ' t feel this is a proper thing to be on a public by-way that is not screened. He would like him to check on this. Mr. Niccolls said this station does this type of towing and the town has had to get after them about it before. Also, Miss Cole, our faithful reporter from the Times-Mirror, has received an award from the National Newspaper Association for a feature article. She and the paper are to be commended on that. Mr. Hill thanked Mr. Niccolls for taking care of the "No Parking" sign on Monroe Street. He noticed this request has been completed. He liked this type of follow-up. Mr. Hill said he was requested last week to go to Richmond on December 8th before the State Water Control Board concerning our standing on the priority list for sewage treatment plant construc- tion grant. His statement to the Water Control Board was read by the Clerk. It called to their attention that it took less than a year to get approval from the SWCB in 1977 , but over four years for approval from EPA. During this time, costs have almost doubled and the town has had to use large quantities of expensive chemicals to meet effluent requirements. The Town requests that the SWCB maintain Leesburg as a high priority for construction grant funding in fiscal year 1983 . The Commissioners remembered Mayor Rollins fondly and are waiting to see him next month - this made his task easier. Prior to his appearance, the City of Roanoke made a slide presentation concerning the disposition of sludge from their treat- ment plant. This is apparently a problem with the Board and they welcome any ideas . Roanoke has farmers come in with their own equipment and take out the liquid and dispose of it on their own land - there were pictures of before and after . application. He (Mr . Hill) described our operation with "Big Wheels" and the Chair- man invited the town to come back before the Commission in March at their "Citizens Day" with a similar presentation of our opera- tion .- they are anxious to see what we are doing. He offered as- sistance from the Board in developing/ this presentation. He took this as a real compliment and hoped someone will do this . It ap- pears that anything you can do to help yourself will help you in later years. Mayor Rollins thanked him for going down to make this presentation. Mrs. Hill said the Planning Commission recommended to Council that the acquisition of Ayr Street through the hospital property be explored. The Comprehensive Plan, as it is now, shows this street coming from Market Street through the hospital property onto Ayr Street on the other side. On October 4 , 1979, members of the Hospital Board appeared before the Commission asking that Ayr Street be temporarily closed during the construction of the Long Term Care facility and stating they would re-evaluate the closing of this street on completion of that facility. Our Town Engineer, on No- vember 4 , answered Mr . Stevens ' request to permanently close that street with curb and gutter - he noted that the Planning Commission asked for re-evaluation. On November 24 , Mr. Stevens said they had re-evaluated this and felt it should be permanently closed. He said MINUTES OF DECEMBER 9 , 1981 MEETING . 263 they could pick up more parking spaces and that additional access to the hospital is not needed. Cars used this as a short cut. It was originally intended to be used as access to the hospital from Market Street. The Town Engineer has given them-,permission to go ahead and close it permanently. The Planning Commission does not agree with this, hence the request to Council . They are asking that the Council consider the acquisition of this street into the Town ' s system. Mayor Rollins asked why they could not just let the street be open? Mrs. Hill said that, according to the hospital, it does not need to be open. Mayor Rollins said this body (the Council) has the final determination. Mrs. Hill said the town has given them permission to close it and they might go ahead tomorrow putting curb and gutter around it. She is presenting this to Council tonight since there will be no further meetings this month. Mayor Rollins said he never was for closing the street - the Council bowed to the hospital in a way they shouldn ' t have. :It was very temporary. Whether or not that street is closed is up to the town. Mr. Niccolls said they advised the hospital to do this becausethey could see no regulatory basis for the town insisting that something else be done. It ' s a private parking lot and a private driveway through their own lot. He asked if Council could indicate what type of action they could take to require them to open their private property to the public street? The barrier (a chain link fence) is on their private prop- C) erty. Mayor Rollins felt that street should go on through there. The hospital has a way of trying to dictate everything around here. -) Mr. Herrell asked if we have any facilities, such as sewer lines, Q running through there? Mr. Shope said the storm sewer, sanitary sewer and water main are all theirs . Mayor Rollins asked what hap- s pens if there is a sewer disruption or a water leak in that area? Mr. Shope said he believed the town has taken the position that it will maintain these lines . Mayor Rollins said they didn ' t dedicate anything from Cornwall Street to Ayr Street - this was a grave mis- take. Mr. Hill reminded that they blocked Gibson Street with posts at one time - he took exception to it and they took them down. Mr . Herrell agreed with the Planning Commission ' s recommendation that the town acquire the blacktop road that goes around the hos- ' pital . Mr. Hill said they went ahead with their plans when the hospital was built - in fact, part of their building sits on what was Ayr Street. Mr. Herrell said we should then be able to put a road from that one to Heritage Square, so they could take all that traffic off of Morven Park Road. Mr . Herrell felt Council should explore the possibility of taking that road. It was felt the Mayor should appoint a committee to meet with the Board of Trustees regarding that road. Mayor Rollins asked Mr. Niccolls to inform the hospital that the town does not acquiesce in the closing of that street. Mrs. Hill said the present Comprehensive Plan had Ayr Street going straight before Memorial Drive was built. The new Plan they are working on has changed it, but has recommended the same access . Mr. Herrell agreed that something should be done. Mayor Rollins felt the water and-isewer line should be dedicated. Mr. Niccolls said there is no benefit to the town to own this sewer line - it serves only the Hospital . This has been explored before. If it stops up, it is their problem. While we may assist them with any problems, we will also bill them. To his knowledge, this has never come up. Mr. Herrell was more concerned about the road. Mr. Niccolls said there are a lot of implications to taking on a road of that length and width. In 1979 or 1980 , the Hospital spent a great deal of money restoring the pavement surface. Whether that means the road was built with an insufficient base and that it would be a maintenance headache if we take it into our system he did not know. Council has to weigh whether the public benefits of having a through road outweigh the actual costs of the acquisition and future maintenance. It is in the power of the town to negotiate with the hospital and to take it if they won ' t negotiate it. Mayor Rollins asked if private property makes any difference to the Fire Company? Mr. Willis said it does not but, if emergency dictates, they could cut the gate. Mr . Herrell asked if there is any other land on Morven Park Road that is zoned "MC"? Mr. Niccolls said the lawn area in front of Heritage Hall is R-1 for the first 150 to 200 feet, Mayor Rollins asked the members of the Public Works Committee (Mr. Hill, Mr . Bos and Mr . Willis) to serve as a commit- tee to meet with the Hospital Board or_ its committee to seek to resolve these differences . He suggested that Mr. Hill or Mr. Niccolls contact Mr. Lynn Cornwell to see how he wants to handle MINUTES OF DECEMBER 9 , 1981 MEETING. 264 this; also to discuss access to Heritage Hall . Mrs. Hill said the Museum Board has approved going through the old building. They now have $2 , 600 and will probably be able to fix the bathrooms in the Odd Fellows Hall (these to be for the public) . The heating system is not adequate for the needs of the Museum, so they are trying to get public donations for a new heat- ing system. They figure it will cost approximately $5, 000 . Mr. Herrell said he personally has appreciated serving with him. The town will really miss him - all you have to do is look around to see some of the accomplishments that his leadership has brought to the town. No-one could have sold any of these lots because there would have been no water - now we should have water forever. He hopes he might some day come back to Leesburg as Mayor. Mr . Tolbert said Mr. Herrell has voiced his thoughts - perhaps he will come to Richmond "to keep tab" on him. MAYOR' S REPORT: (1) Mayor Rollins said Mr. Bogle of Metropolitan Savings and Loan Association asked on Monday what the town was doing charging penalty on taxes . He discussed this with Mr. Taylor and Mr. Nic- colls, finally resolving that the law wasveryclear that we could not charge a penalty on Monday when the deadline fell on a Satur- day, Sunday or holiday. Such matters should be cleared through the Town Attorney before such decisions are made. The Attorney General has rendered several opinions on this subject. The mana- ger or department head should not make such decisions without the Town Attorney being asked for an opinion. There were some very irate citizens , and justifiably so. He did commend the Manager and the Finance Director for the response they took. He thought the editorial in the Times-Mirror was very appropriate. There was some question in his mind as to whether the Finance Director could refund this money without some Council action, so he asked for a resolution to refund this money. 81-167 - RESOLUTION - AUTHORIZING REFUNDS . On motion of Mayor Rollins, seconded by Mr. Tolbert, the following resolution was proposed : WHEREAS, penalties were assessed on taxes erroneously; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Refund3of erroneously assessed penalties are authorized. SECTION II . A $500 . 00 appropriation is made from the Gene- ral Fund to Account #4600 . 309 , Refunds , for the fiscal year 1982 . Mr. Niccolls said refunds have been made. There was a refund ac- count in the budget and we are making another one with this ap- propriation. The resolution was unanimously adopted: Aye: Councilmembers Bos, Herrell , D. Hill. M. Hill , Tolbert, Willis and Mayor Rollins . Nay : None. In addition to the above, Mayor Rollins did not think anybody can open the Town Office, other than regular hours like was done, other than this body. Those who worked on Saturday would be expect- ing to be paid for their time - this would be an illegal expendi- ture of funds. The Attorney Generalhas spoken to this question very specifically. Mr. Hill asked if the office isn ' t open on some Saturdays at license time - this would fall in the same cate- gory? Mayor Rollins said he thought they do, but he didn ' t think it is legal . Mr . Hill asked for an opinion from the Town Attorney? Mr. Martin felt the Mayor is correct. Mayor Rollins said there is MINUTES OF DECEMBER 9 , 1981 MEETING. 265 a specific opinion from the Attorney General on the fact that, o even though the office might be open on a Saturday to allow tax- payers the opportunity to pay their taxes on time, a penalty can- not be charged on the next business day. Mr. Niccolls gave an administrative view of this matter. If it is illegal to spend funds for the labor to keep the office open, it would then be illegal for him to authorize overtime for plowing the streets because the town has never spoken specifically on this. Overtime operations are budgeted and there are monies for this purpose budgeted for the Finance Department. The office has stayed open on the Saturday before for tax collection, whether the exact day or not, and it was under this tradition of serving the public, in the broadest sense, that they chose to keep the office open - not in any sense to grab the penalty from people when they walked in the door on Monday. We also stay open on the last Saturday pre- vious to April 15th for license stickers. There is no direction from this council as to what our office hours are - perhaps we need a written policy. We thought it was a service to the public to re- main open. He wants the public to be assured that we didn ' t do this to collect the penalty. Mayor Rollins said he did not mean to imply this - such decisions should be made by the Town Attorney. There ' s no use having him if we aren' t going to utilize him. 0 (2) Mayor Rollins said he has received a letter from Mr. Cole, T in which he is asking for certain action to be taken. There was an accompanying petition signed by 15 people living in the area. Q This concerns the rezoning requested by Mr. Chewning sometime ago and which rezoning was denied by the Council . Mr . Bos said it was Q withdrawn by Mr . Chewning. The letter states that the residents of South King Street want to retain the pleasant residential at- mosphere of their community. They are disturbed by what appears to be a violation of the residential zoning of the area - the resi- dence at 150 South King Street is apparently being used for commer- cial purposes . Mayor Rollins understands that Mr. Cole has asked Mr. Forbes to take some action on this and he has refused. It is clear as far as he (Mayor Rollins) is concerned that Mr . Forbes has the undisputed authority to enforce the Zoning Ordinance in court if he feels there is a zoning violation. Mr. Martin agreed with this. Mr. Niccolls said he received this letter and directed Mr. Forbes to conduct an investigation to determine whether in his view there is an existing violation and, if so, to take the appro- priate actions, including an enforcement Order , and follow it up in the absence of compliance with appropriate legal action, in- cluding an injunction or a criminal complaint. He advised all signators of that lette that we would be making an investigation. Regretfully, he informe � at he wouldn ' t discuss the details of the investigation results with them until such time as we had de- cided whether or not a complaint was warranted. Mr. Forbes has begun investigation - after he makes a finding as to whether or not there is a violation in his view, then we will take the next step. This might be to advise these people that there is no vio- lation, or to consult with the Town Attorney as to what action should be filed and in which court. These letters have already gone out . Mr. Hill thought the "dishes" have been removed. (3) Mayor Rollins said the term of Herman Costello expires on the Board of Zoning Appeals on December 31, 1981. These ap- pointments are usually made by the Circuit Court Judge and he usually follows the wishes of the Council on those appointments . I/ 81-168 - RESOLUTION - RECOMMENDING REAPPOINTMENT TO BOARD OF ZONING APPEALS . On motion of Mr. Tolbert, seconded by Mr . Herrell, the follow- ing resolution was proposed and unanimously adopted : WHEREAS, the term of Herman Costello as a member of the Leesburg Board of Zoning Appeals expires on December 31, 1981; RESOLVED by the Council of the Town of Leesburg in Virginia as follows : e MINUTES OF DECEMBER 9, 1981 MEETING. 26 Council recommends the reappointment of Herman Costello for a term of five years, beginning January 1 , 1982 and expiring December 31, 1986 , and the Mayor is directed to send Council ' s recommendation to the Judge of the Circuit Court. Aye : Councilmembers Bos, Herrell , D. Hill , M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. Mayor Rollins asked Mr. Martin to draw the order for the Judge to make this reappointment. Mayor Rollins said there are four appointments to be made to the Board of Architectural Review. The Board is comprised of -seven people - Mr. Herrell from the Council , Mr. Webb from the Planning Commission and Mr. Forbes as Zoning Administrator. The other four are appointed by the Mayor for a term of three years, with the ad- vice and consent of the Council . The appointments expired June 30 of this year and, in the absence of appointments by the Mayor, these people have continued to serve under the law until they are reappointed or replaced. Mayor Rollins said he has been dilatory in making these appointments because he has been concerned, as well as some members of Council , that the membership of this Board should be from within the corporate limits. Mr. Brownrigg has moved about a mile outside the corporate limits . He understands Mr . Wilhoit has moved to Alex- andria - however, both of them hate continued to serve rather regu- larly. He will reappoint Mr. Brownrigg, Mr. . Plaster and Mr. Jones. He will not reappoint Mr. Wilhoit because he has moved a consider- able distance away -. in_ his stead, he _ is appointing Martha Lynch, who has -a- great.:deal of.- interest in architectureand in downtown Leesburg and its preservation. He shares some of the feelings about Mr. Brownrigg not living within the corporate limits - how- ever, he will not be angry if they do not confirm him on that basis. He feels he has done a good job. Mrs. Hill said this requirement that members of this Board be residents of the town has been dis- cussed in Planning Commission and has been set for public hearing, with the intent of possibly changing it. Mr. Herrell felt Mr. Brown rigg has done an excellent job on this Board and as Chairman .- how- ever, he feels that members of the Town ' s boards and commissions should be residents of the town. He said he could not support his appointment for this reason. 81-169 - RESOLUTION - CONSENTING TO AN APPOINTMENT TO THE BOARD OF ARCHITECTURAL REVIEW. 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 : Council hereby consents to the appointment by the Mayor of Martha M. Lynch as a member of the Board of Architectural Review, said term to expire on June 30 , 1984 . Mr. Bos agreed with this appointment - he felt Mrs . Lynch is sensi- tive to the needs of the downtown area and her background, educa- tion and experience lends itself toward making a good member. Mrs. Hill thought she will be a very fine addition.The resolution was adopted by a roll call vote of 5 to 0 , Mayor Rollins not voting and Mr. Hill absent at this particular time : Aye: Councilmembers Bos, Herrell , M. Hill, Tolbert and Willis. Nay : None. 81-170 - RESOLUTION - CONSENTING TO THE REAPPOINTMENT OF A MEMBER TO THE BOARD OF ARCHITECTURAL REVIEW. On motion of Mr. Herrell, seconded by Mr. Tolbert, the fol- lowing resolution was proposed: MINUTES OF DECEMBER 9 , 1981 MEETING. 267 RESOLVED by the Council of the Town of Leesburg, Virginia, O as follows : Council hereby consents to the reappointment by the Mayor of B. Calloway Jones as a member of the Board of Architec- tural Review, said term to expire on June 30, 1984 . Mr . Herrell felt Mr. Jones has done an excellent job and he adds an extra dimension to the Board since he is an architect. The resolu- tion was unanimously adopted by a roll call vote of 5 to 0, Mayor Rollins not voting and Mr. Hill absent at this particular time : Aye : Councilmembers Bos, Herrell, M. Hill, Tolbert and Willis . Nay: None . 81-171 - RESOLUTION - CONSENTING TO THE REAPPOINTMENT OF A MEMBER TO THE BOARD OF ARCHITECTURAL REVIEW. On motion of Mr. Bos, seconded by Mrs. Hill , the following resolution was proposed : r RESOLVED by the Council of the Town of Leesburg, Virginia, CD as follows : Council hereby consents to the reappointment by the Mayor a of W. Emory Plaster , Jr. as a member of the Board of Archi- Q tectural Review, said term to expire on June 30, 1984 . Mr. Herrell said Mr. Plaster has done an excellent job. Mr . Bos said Mr. Plaster carries in his head a vast knowledge of the his- tory of Leesburg. The resolution was adopted by a roll call vote of 5 to 0, Mayor Rollins not voting and Mr. Hill absent at this particular time: Aye: Councilmembers Bos , Herrell , M. Hill, Tolbert and Willis.. Nay : None. 81-172 - RESOLUTION - CONSENTING TO THE REAPPOINTMENT OF A MEMBER TO THE BOARD OF ARCHITECTURAL REVIEW. On motion of Mr. Bos, seconded by Mr . Willis, the following reso- lution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Council hereby consents to the reappointment by the Mayor of Phillip P. Brownrigg as a member of the Board of Archi- tectural Review, said term to expire on June 30, 1984 . Mr. Bos supported this reappointment - Mr . Brownrigg has been Chair- man for a good many years and has been instrumental in the process of subtle persuasion in working with people to be sensitive to the architecture of their building when making changes. We will deal with the issue of town residency at a later time - when it becomes an issue of law. Mrs. Hill agreed with this, but she hopes Council will change this requirement, so that any member of the Board of Architectural Review will be a resident of the town. Mr. Tolbert asked what would happen if there is not a resident of the town in- terested in serving on this board - what happens after they have ' I/ exhausted all means? Mrs. Hill didn ' t feel there would be any problem with this. Mr. Herrell did not think political decisions should be made concerning those living in town by anyone not living in the town. As a citizen of the town, he could not agree with that. After some further discussion concerning residency, the resolution was adopted by a roll call vote of 4 to 2 , Mayor Rollins not voting : Aye : Councilmembers Bos , M. Hill , Tolbert and Willis . Nay: Councilmembers Herrell and D. Hill . 2 e MINUTES OF DECEMBER 9, 1981 MEETING. U 8 (4) Mayor Rollins said he will submit his resignation ef- fective Midnight December 31st, so this will be his last meeting as Mayor. He said he has made a lot of history as Mayor of the Town of Leesburg - he has served as Mayor longer than any other Mayor in the Town ' s history. He has resigned twice to go to the General Assembly and it is no less sad tonight than it was the first time. Everything he has he owes to the Town of Leesburg and to the County of Loudoun. He has dedicated a large portion of his public life to the Town - there are those who think this is good and those who think it is terrible, but that is politics and public life. He has served in all three branches of Virginia ' s government - the Judiciary, as Mayor and in the Legislature - he has enjoyed every minute of the time he has served and he has served with some very distinguished people. He came back to serve the Town at a time of some disarray mainly for one reason - to do what he could to get the Potomac River Plant built. He had not served with anybody on this body at that time except Mr. Hill, but he has appreciated and enjoyed immensely serving with these council- members. They are all very dedicated people who have put in their time and effort to serve the community and have given every ounce of energy and intelligence to the betterment of the Town of Leesburg. He disagreed with the procedure Council had before he became Mayor and hoped the present system is preferable to the system they had before; he hoped that those here now who will be back will not let that system change - there is no system that works any better than the committee system - it gives those members an expertise in the field they deal with. This is true from the Federal Congress_ right down to this level . The people who have served on this body through the centuries have been much more capable than those who have served in other capacities in this entire county. He has served with people who have literally given their life (remembering Maloy Fishback, who% died serving the Town of Leesburg) ; and there have been people over the years who have been instrumental in the im- provement and betterment of this community. He congratulated the people sitting around this table - they will go down in the history of this town as the six people who had the vision, imagination and foresight to provide this community with one of the most important natural resources that you can have - water. It will be more val- uable in years than oil. We have a sewage system that, when ex- panded, will be second to none in providing essential services to this community. It was not an easy vote that day when we sat around and sold those bonds and he had second thoughts as to whether it should be done, but hindsight shows they made a very wise and courageous decision. There have been many other things - for a long time we have needed to take the crown off of Route 7 to keep the water from running in the stores - that project is now half com- pleted. There are many other things far too numerous to mention. From the bottom of his heart, he has so much enjoyed the coopera- tion each has given him in this role. During the first meeting of the campaign, he was asked if he was in favor of firing the Town Manager. His response was much as it is now - We have a Town Mana- ger that is a very capable young fellow - very efficient and the cooperation he has given him has been excellent. Leesburg is very fortunate to have him - he is a very strong, capable, persistent manager, but he (the Mayor) was just as strong and "the bucks" stopped with him, not with the manager . Whoever fills that seat has to have that same philosophy. You' ll never find a better man than John Niccolls, but the process has to work. We have other competent people as well, individually and collectively. He did not know of a municipality in Virginia, and probably anywhere in the United States, that has any more capable staff - the people of Leesburg should be proud of them. Don ' t ever forget that this body has the final say - this is so often forgotten. It will not be many years down the road when the people will realize how for- tunate they are to have had the things done that this Council has done for them. Ten years from now, he believes Leesburg will have the cheapest water and sewer rates in Virginia because there is very little expenditure to be made . He looks forward to the dedication of the Potomac Plant and to coming back on occasion and being a spec- tator. He would envision the scenario at the end of the year to be that Mr. Hill would have the full authority to act as Mayor until the first meeting of the Council in January. At that time, Council can appoint a Mayor to serve until the next election. If it be some- body outside the Council , there would be no seat to fill but, if it is someone on the Council, he hoped Council would fill that seat also at the first meeting in January. MINUTES OF DECEMBER 9 , 1981 MEETING . 269 n 81-173 - RESOLUTION - MAKING APPOINTMENT TO LEESBURG PLANNING COMMISSION. On motion of Mrs . Hill, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted : WHEREAS , the term of office of James L. Griffith as a mem- ber of the Leesburg Planning Commission expires on Decem- ber 31, 1981; RESOLVED by the Council of the Town of Leesburg in Virginia as follows : James L. -Griffith is hereby reappointed a member of the Leesburg Planning Commission for a term of four (4) years, the term of office to expire on December 31, 1985. Aye : Councilmembers Bos , Herrell , D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. Mrs. Hill commented that Mr . Griffith has been a good and faithful member of the Commission. CD 81-174 - RESOLUTION - TEMPORARILY WAIVING PARKING METER RULES . 7 On motion of Mr . Willis, seconded by Mr. Tolbert, the following Q resolution was proposed : Q RESOLVED by the Council for the Town of Leesburg in Virginia as follows : Division 2 , Article VI , of Chapter 10 of the Town Code shall not be enforced between December 10, 1981 and January 2 , 1982 inclusive. There was some little discussion as to whether this included all the meters - those on the street as well as in the lot. Mrs . Hill said this is what the businesses want. The resolution was unani- mously adopted: Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins . Nay : None . 81-175 - RESOLUTION - REQUESTING PERMISSION FROM VEPCO AND ASSUMING RESPONSIBILITY FOR CHRISTMAS LIGHTING. On motion of Mrs . Hill, seconded by Mr. Bos, the following reso- lution was proposed : RESOLVED by the Council of the Town of Leesburg in 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 fix- tures necessary to provide decorative lighting for the Christmas season. I/ 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 resulting out of or arising from the installation, operation, use, non-use or removal of such installations . Mr . Hill asked if the town ' s insurance carrier has been advised? Mr. Niccolls thought this was routine coverage but he will check on this. The resolution was unanimously adopted : Aye : Councilmembers Bos, Herrell , D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins . Nay : None. 270 MINUTES OF DECEMBER 9 , 1981 MEETING . 81-176 - RESOLUTION - AUTHORIZING A TRAINING CONTRACT WITH THE PUBLIC MANAGEMENT INSTITUTE OF GEORGE MASON UNIVERSITY . On motion of Mr. Bos, seconded by Mrs. Hill, the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The manager is authorized and directed to exe- cute on behalf of the town a contract with the Public Man- agement Institute of George Mason University for a training program entitled "Strengthening Public Decision Making Through Cable Television : A Training and Advisory Ser- vices Program for the Town of Leesburg" at a total cost of $3 , 159 . 05. The Scope. of_Services• for-.the programto__be referenced in the contract shall reflect the proposal submitted November 18 , 1981 by the Public Management In- stitute. SECTION II . An appropriation in the amount of $2 , 160 is made from the General Fund to Account No. 1205 . 300, Con- tractual Services, for the fiscal year ending June 30, 1982 . SECTION III . This resolution shall be effective following an acceptable interview of the training personnel by the council to be scheduled as soon as possible. Mrs. Hill explained that the difference in the amount appropriated and the amount of the contract is that the Cable Advisory budget includes $1, 000 for contractual services. Mr. Bos said three mem- bers of Council met today with Dr. Barbee and Dr. Rainey, along with Mr . Minor. He was impressed with what they intend to cover in this training session and strongly supports this . We need to take advantage of this training. Mrs . Hill said this training session will be held here in Leesburg, probably at the cable TV studio. She was impressed also and feels we all have something to learn. Mr. Hill concurred with Mr. Bos and Mrs. Hill and agreed that the town will be the beneficiary. Mr . Bos was excited about the fact that this might be a vehicle to give a broader understand- ing and participation by Leesburg residents that aren 't really in- volved in local government. Perhaps they will become interested if they are exposed to it. He hoped we could take advantage of it. Mr. Tolbert asked if the Cable TV Commission will be involved in this? Mrs . Hill said not in all the sessions, but they will be in the final session. Mr. Bos asked if any other outfits were contacted or are they the only ones in this vicinity? Mr . Minor said they are the only ones in this area - very few people do this type of training. Mrs. Hill commented that this is a relatively new field. Mr. Bos said it was mentioned that this is not a very profitable contract to do a training session for a relatively small area . This does not seem like a bad price to him. Mr. Minor said Dr . Rainey ' s normal rate is 21 times this amount. The resolution was unanimously adopted: Aye : Councilmembers Bos, Herrell , D. Hill , M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. 81-177 - RESOLUTION - MAKING APPROPRIATION FROM THE AIRPORT FUND FOR FISCAL YEAR 1982 . On motion of Mr. Tolbert, seconded by Mr . Willis, the follow- ing resolution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : A $1 , 272 . 41 appropriation is made from the Airport Fund to Account No. 6000 . 300 , Contractual Services, for fiscal year 1982 . Mrs. Hill said this is half the total cost overrun on the project. Janelle Aviation is paying the other half. They were originally going to put in only 31 inches of foil-back insulation, but they MINUTES OF DECEMBER 9, 1981 MEETING. ended up putting in 6 inches of vinyl-back insulation. Mayor 271 Rollins asked who is responsible for maintenance of the hangars? Mr. Niccolls said the tenant is. Mayor Rollins was referring to the condition of the roofs - they need painting. Mr. Niccolls said he would have to check the lease on that - he thought the structural maintenance was the town ' s responsibility. Mayor Rol- lins was referring to the hangars owned by Blue Ridge Aircraft. Mr. Niccolls said they (Blue Ridge) are responsible for those. Mr. Hill asked if those hangars revert to the town eventually? Mr. Niccolls said they do. Mr . Hill also asked in what kind of condition they revert? Mr. .Niccolls said the lease may require them to maintain their premises in good condition during the term of the lease - we will have to look at it. The resolution was unani- mously adopted : Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins. Nay : None. 81-178 - RESOLUTION - MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1982 . On motion of Mr. Willis, seconded by Mr. Bos , the following O resolution was proposed: CT RESOLVED by the Council of the Town of Leesburg in Virginia 7 as follows : QSECTION I . Supplemental appropriations are made from the General Fund to the following accounts for the fiscal year ending June 30 , 1982 : Account No . Appropriation 1205. 701 Equipment $ 850 . 00 3401. 540 Materials & Supplies 3 , 000 . 00 SECTION II . Supplemental appropriations are made from the Utility Fund to the following accounts for the fiscal year ending June 30, 1982 : Account No. Appropriation 5300 . 720 Facility Planning, STEP I $9 , 000 . 00 5300 . 721 Facility Planning STEP II 5, 000 . 00 After explanation by Mrs . Hill, the resolution was unanimously adopted: Aye: Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. 81-179 - RESOLUTION - CANCELLING COUNCIL MEETING OF DECEMBER 23, 1981. On motion of Mr. Bos , seconded by Mr . Herrell, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : There will be no regularly scheduled meeting of the Town Council on December 23, 1981 . The next meeting will be held on January 13, 1982 . Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None. MINUTES OF DECEMBER 9 , 1981 MEETING. 272 81-180 - RESOLUTION - AUTHORIZING PARTIAL RELEASE OF A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVE- MENTS FOR CATOCTIN CIRCLE INDUSTRIAL SUBDIVI- SION, SECTION I . On motion of Mr. Bos , seconded by Mr . Willis, the following resolution was proposed : WHEREAS, Council Resolution 80-77 , adopted June 25, 1980 by Council , approved performance bond in the form of a deed of trust from SRL Properties, Inc . to George M. Mar- tin, Trustee, on Lots 1, 2 and 3 , Section I , Catoctin Circle Industrial Subdivision; and WHEREAS, a request has been received from SRL Properties, Inc. to release Lot 1 from the Deed of Trust; and WHEREAS, 95% of the estimated $68 , 924 guaranteed work has been completed: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The Trustees for the Deed of Trust from SRL Properties, Inc . to George Martin, Trustee, on Lots 1 , 2 and 3 , Catoctin Circle Industrial Subdivision, Section 1 , are authorized and directed to prepare a Deed of Release for Lot 1, Section 1 , of Catoctin Circle Industrial Subdi- vision. SECTION II . George Martin, Trustee, is authorized and di- rected to execute the Deed of Release for Lot 1 of Section I , Catoctin Circle Industrial Subdivision. Mr. Terry Titus, representing Mr . Lipscomb, requested that this resolution be passed. Mr. Lipscomb has sale for this property - it is the old Lowe ' s building. Mr. Hill asked what work remains? Mr. Titus said it is essentially a punch list - patching the pave- ment and some few clean-up things to be done. Mr. Shope didn ' t recommend releasing this and accepting a maintenance bond until the punch list items are completed. Mr. Titus said they don ' t recommend that either. He did not know who it was . The resolu- tion was unanimously adopted : Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. On motion of Mayor Rollins, seconded by Mr. Bos, Council voted unanimously to go into executive session to discuss certain legal matters : Aye: Councilmembers Bos, Herrell , D. Hill , M. Hill, Tolbert, Willis and Mayor Rollins . Nay : None. A five minute recess was declared before executive session. On motion, duly seconded, Council voted unanimously to return to public session, with no action taken : Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. On motion of Mr. Willis, seconded by Mr. Tolbert, Council voted unanimously to adjourn. Mayor Clerk of t e Council