Loading...
HomeMy Public PortalAbout1982_09_08 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 8 , 1982 . A regular meeting of the Leesburg Town Council was held in 45 the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on September 8 , 1982 at 7 : 30 p.m. The meeting was called to order by the Mayor, with the invocation by Mr. Tolbert, and followed with the Salute to the Flag led by Mr. Willis. Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Reginald K. Gheen, John W. Tolbert, Jr . and Howard M. Willis, Jr. ; also Town Manager John Niccolls, Assistant Manager Jeffrey H. Minor, Assistant to Manager for Community Development Marc Weiss, Director of Finance Donald O. Taylor and Town Attorney George M. Martin. Absent from the meeting was Councilmember Marylou Hill . PETITIONERS : Mrs . Tanette Mattivi, Property Manager for Loudoun House Apart- 1 ments, wished to discuss the new Plaza Park in their community with regard to the lack of lighting for several reasons. First, last week they had a stabbing at the park - it was so dark you could not tell the condition of the victim and people were afraid to advance into the park because of the lack of lighting - the person commit- ting the offense might be stabbing you next. The lights provide some light, but there is no direct lighting because of the variation of CO the logs and the trees. The season is changing and it is getting dark earlier - the people are afraid to go through the park. It O can harbor, without the light, individuals in certain areas, which m will encourage crime such as drinking, fighting and even rape. Second, it cannot be secured without lighting - visitors or other m non-residents who may be looking at the park and see something go- ing on and might call if they do - they can ' t tell who or what is involved. The security, or patrolling, of the park is limited (they hire these guards) , and the town police are limited in their number of people to cover this area. She urged councilmembers to come and look at the park at night and see what they might do to change this situation. Mr . Bos asked Mrs. Mattivi what her overall reaction is to the Spark now that it has -been there for a while, excluding the lighting problem? She said they will always have some problems and they have had some problems with trespassers - they. are not supposed to tres- pass on the Loudoun House property, but the park is public so they can go there. The victim of the stabbing was a trespasser. Other than that, the people are using the park - there is always someone there. She noted that the town did take out the water fountain - this was a good choice. They try to encourage them to pick up their trash when they are out there - in fact, they have a good strong pro- gram going on now. They are putting money into paving and fencing and making a lot of improvements. A tenant association has also been started and there has been positive response to this for the first time in years. Part of this is due to the fact that they are trying to "clean house" - they are trying to get those who do not care about the area in which they live to leave and go somewhere else. The park is used and they are trying to encourage them to teach their children to throw their garbage into the trash cans. They have hadindividual meetings with each resident in their homes (110 in the last month) . Mayor Sevila asked Mrs . Mattivi to explain further that this was a trespasser that was stabbed? She said this case was taken to court and the trespass charge was lifted because he was visit- ing his parents . There are other trespassers, but they are not IIusing this to correct their management problems. This was used and abused so, if they can ' t abide by the rules they can live some other place. A trespasser is someone who has created a disturbance on the property or someone drinking or in possession of marijuana. This man had created many problems on the property - it was chal- lenged in court that he was coming to visit his parents - he doesn ' t have to zigzag across the property to get to their apartment. This was not defined in court. Mayor Sevila asked if he was someone who had been served with a notice not to come back on the property? Mrs. Mattivi said he was . Mr. Sevila asked if he was stabbed on the park property? Mrs. Mattivi said yes, he was stabbed eight times and beaten in- the face with a bike chain. He crawled to the nearest I MINUTES OF SEPTEMBER 8 , 1982 MEETING. 40 building where he tried to gain entrance to an apartment. The oc- cupant there said he didn ' t want to be bothered with him - he was a trouble maker. So the police were called. Mr. Tolbert said he knew both of the men and asked which one was the trespasser? Mrs . Mattivi said the name was Trammell - he had been a trespasser be- fore and the Court had ruled that he could come there just to visit his parents - this was before the night of the stabbing. Mr. Niccolls said the question of lighting at the park came up very early in the design and was of great concern to all those in- volved in the design of the facility. Both the designers and the town consulted with the management and made what he thought they knew was a risky decision to not light the facility to discourage night-time use of the park. He did not think this had worked - he felt the security interests probably override here. There are two goals - one, to discourage late night-time use,and two, to be sure there is adequate lighting for security needs . A few weeks back he asked Mr. Shope to prepare a cost estimate for lighting the park. He has come up with a preliminary cost of about $3, 000 - this would be about four of the 7 , 000 lumen standard street light type of fixtures. He (Mr. Niccolls) has concluded that the security interest should probably be met and will recommend later (when we do get a number) that we do light the park. Then we will probably have a greater problem with late night use, but we can manage that more readily than we can the security problem with the darkness. He agrees that the present lighting (the ambulent lighting off the buildings from the large fixtures) is not working. It will cost something between $3 , 000 and $5, 000 . There will be a written re- port to the committees and this will be better understood, having heard Mrs. Mattivi tonight. This was a conscious decision not to light the facility back at that time. Mrs . Mattivi . felt that, once they have light and a sign with limitations on the park, it will be easier to control. Mr. Minor said the signs regarding hours and other regulations are up. Mr. Niccolls added that we make specific reference on the sign that No Trespass warrants are honored on the park. Mrs . Mattivi said they have been working very closely with Chief Kidwell to make sure they are working in con- junction with his people and their security people but, with the darkness in there, she was sure they were questioning the liability insurance factor. They want to make sure they are all in agreement. Mr. Bos asked the duties of the night-time secprity people? Mrs. Mattivi said they are there to make sure curfews are met, to stop the loitering on the stairwells , to patrol the grounds to make sure there is no party going on or anyone destroying property. They may look at their contract differently if there is lighting there. Mayor Sevila suggested that this be referred to both committees, to be considered when a staff report with cost and specifications is ready. In the meantime, he suggested that councilmembers make an after-dark visit out there. Mr. Tolbert said he has already been there. (2) Mr. Peter Dunning passed out copies of the poster used for the summer concerts this summer, with some estimated attendance figures, as well as a financial accounting of the series and a let- ter transmitting these to councilmembers. Mr . Dunning read the let- ter, which stated the five concerts were attended by an average of 400 per concert, with a variety of music presented. He asked that this letter, along with the financial accounting, be made a part of the record of this meeting. He was gratified with the friendly support and encouragement received from the council and the town staff. The Bluemont Concert Series looks forward to bringing more events to Leesburg by continuing this Sunday Courthouse Series in years to come. He thanked everyone for their support and asked for any comments about the series - any ways it might be improved or any questions concerning the accounting . Mr. Tolbert asked if this is net or gross? Mr. Dunning said it is gross - it is a minus figure. Mr. Bos was pleased with the way it went - about 95 per- cent of those he talked with were pleased with it. He would like to see it carried forward for another year. Mr. Gheen noted that there was approximately a $700 deficit that was recovered in some manner. Mr. Dunning said a lot of these figures were costs that were built in. They basically provided the sound system, so this was not actual dollar outlay - a lot of this cost is to basically provide the cost of something like this. Mr . Willis said he at- 47 MINUTES OF SEPTEMBER 8 , 1982 MEETING. tended only one of the concerts, but he thought it was excellent. All the comments he has heard have been positive, with the excep- tion of a few that didn ' t appreciate the streets being closed. Overall, he thought it was very nice. Mr. Tolbert said the com- ments he heard had been good - some wondered why it hadn ' t been done before. Mayor Sevila echoed these comments - he had heard nothing but positive remarks - it is a great addition to life in Leesburg in the summer months . He hoped there will be a way to continue this in the future. He felt they could count on the sup- port of Council . Mr. Bos asked how the Virginia Commission grants work on an ongoing basis? Mr. Dunning said this was a state and local partnership grant for which the town is not eligible because it is not a city or a county. These grants, once they are granted, are usually renewed for a couple of years. This is to encourage appropriations from municipalities to arts organizations. Mr. Gheen said apparently the County Board of Supervisors was very much impressed with it. Mr. Dunning said they were helpful - they spon- sored the grant application - the extra $2 , 500 . Frank Raflo, in particular, was very supportive and said, after one of the con- certs, he wanted to introduce a resolution to the Board, which i was done this week. If it is decided to go with this for next year, one of the benefits would be the cooperation of the County, the Downtown Business Association, other organizations and communi- ties - a lot of energy went into it this year . Mayor Sevila asked if there are other kinds of programs that might be considered for the winter months? Mr. Dunning said they do a lot of concerts and dances throughout the year - this is the first year they have done a summer program. They have been involved for seven years doing this in Loudoun County and surrounding area. Last year they did 120 programs of various kinds. Mayor Sevila asked if this is with the cooperation of the various municipalities or something that is done independently? Mr. Dunning said the Bluemont Concert Series has a series of concerts - they present performers coming through the area on their own - this is the center of the whole operation. They will work with a variety of community and educational organi- ' zations. There are times when they take the performers to some place else while they are here (for instance, they took the Paul Hill Chorale to Heritage Hall the afternoon before and did the same thing with the South American people) . Sometimes it will involve two or three days . They hope to do more things in Lees- burg, particularly if they can find a place to hold them. There doesn ' t seem to be a hall that is available. MAYOR' S REPORT: Mayor Sevila said he and Mr . Niccolls went to Richmond last week in support of the resolution adopted by Council on August 25 , in which we are encouraging the State Water Control Board to make the $4 . 9 million dollar grant in its 1983 budget for completion of the Town ' s sewage treatment plant. We had been informed that we had been deleted from the 1983 funds and he and Mr. Niccolls had an opportunity to appear before the State Water Control Board to re- quest these funds be made available for the coming year. Since then, we have heard that our comments were favorably received by the Board and from our Delegate Kenneth Rollins - there is a possi- bility that we could get some favorable results when the Board con- venes officially to adopt its 1983 budget. They feel they have at least secured our place for 1984 construction funds, -so their appearance was worthwhile. MANAGER' S REPORT: Mr: Niccolls called attention to the written activity report distributed last week. Our new sound system has been installed and is in use tonight. These are voice-activated microphones , so everyone should speak into the microphones. There is an output jack on the east wall and on the south wall for cable TV and radio connections . The input jack for the speaker ' s microphone is on the east wall in anticipation of lo- cating the speaker ' s stand to that position. We are securing prices for an appropriate lecturn - this should be a better location for the guest speakers . It will be important for those presiding to 48 MINUTES OF SEPTEMBER 8 , 1982 MEETING. encourage the people to speak close to the microphone. The old mikes tended to pick up comments from the audience - the new mikes won ' t do that, so it will be necessary to have the speakers come up to the stand. If anyone comments on it, we would like to hear about it - there are a lot of adjustments that can be made. We will be watching this and he will try to monitor the councilmembers in their normal discourse. The little adjustment on the top has to do with the bass control of voices - you will probably want to -keep it to the right. Mr. Sevila has suggested we may want to have indi- vidual cut-offs , however, the mike closest to you will be picking up also. If you want to make a comment to your neighbor (off the record) , be sure you move far enough away from the mikes. We have also talked about the possibility of having a switch at the Mayor ' s desk to turn off the entire system. There are six ceiling speakers intended to help us hear each other. 82-0-34 - ORDINANCE - AMENDING THE TOWN CODE TO PROVIDE FOR COMPEN- SATION FOR VARIOUS BOARDS AND COMMISSIONS . On motion of Mr. Bos, seconded by Mr. Tolbert, the following resolution was proposed: ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Chapter 2 of the Town Code is amended by adding a new Article to be known as Article VII to read as follows : ARTICLE VII COMPENSATION FOR BOARDS AND COMMISSIONS Section 2-87 . Airport Commission. Compensation of members of the town airport commission, exclusive of the councilmanic appointment, after July 1, 1982 shall be $600 per annum, payable in equal monthly installments. Section 2-88 . Board of Architectural Review. ' Compensation of members of the town board of architectural review after July 1 , 1982 , shall be $25 per meeting attended, not to exceed $50 in any one month, payable in equal monthly installments. Section 2-89 . Board of Zoning Appeals. Compensation of members of the town board of zoning ap- peals after July 1 , 1982 , shall be $25 per meeting attended, not to exceed $50 in any one month, payable in equal monthly installments. Section 2-90 . Economic Development Committee. Compensation of members of the economic development com- mittee, exclusive of the town staff appointment, after July 1, 1982 , shall be $600 per annum, payable in equal monthly in- stallments. SECTION II . This Ordinance shall be in effect upon its pas- sage. Mr. Gheen noted that two of the Boards or Commissions are paid on a per annum basis and the other two on a per meeting basis - is there any particular difference in the method of payment? Mr. Niccolls said this was based on the concept that the Board of Architectural Review and the Board of Zoning Appeals meet at the call of business and not on a regular basis, whereas the others have regular monthly meetings . Mayor Sevila ask for background on the need for this compensation, or what has given- rise to it? Mr. Niccolls said that, before the budget deliberations last year, councilmembers asked for a report comparing Leesburg ' s policies with regard to compensation for advisory commissions and boards to other nearby jurisdictions. Mr. Minor prepared a report and found that in some jurisdictions some commissions were paid and . MINUTES OF SEPTEMBER 8 , 1982 MEETING. others were not. The report also suggested what was seen as an 4 9 equitable way of compensating Leesburg ' s commissions and boards. Council, at the time of the budget, made certain appropriations, so the money is already in the J budget. It just has not been com- pleted as a part of budget implementation. Justification for it is kind of a policy matter for councilmembers to deal with. Mr. Bos said he has favored this for quite a while - it is not entirely without problems, but the whole idea is that most of the people who serve on town boards and commissions lead busy civic lives and this is sort of a token payment to show the town appreciates their help. The qualifications of certain board members is a different issue al- together as to whether they do or don 't attend the meetings . This is a separate issue that needs to be dealt with in the appointment process. He has heard that some members may "hang in there" if they are being paid. Mayor Sevila did not think anyone would con- tend they are being over-compensated, but this is a token payment in appreciation for their hours of service. Mr. Bos said some of these payments are actually quite handsome, assuming there is no other out- side work or study. Some of the regular monthly meetings don ' t re- flect the amount of time spent for those who work hard. Two of these boards or commissions are getting $50 per meeting for a one to two- hour meeting - this is reasonably handsome pay, if you look at it 00 strictly in terms of the time that goes into one meeting. Mayor Sevila noted that there is no exclusion for the councilmanic ap- ict pointment on the Economic Development Advisory Committee, but there CD is for the Airport Commission - is this through inadvertence? Mr. OD Niccolls felt the ECDA should carry that also - he thinks it is il- m legal for the councilmembers to receive any compensation beyond their Q salary, except in the case of the Planning Commission, where there is a statutory provision allowing for it. This issue has been studied very carefully because it is important that councilmembers not re- ceive anything that could be questionable later . Mr. Minor said all they have to do is change Sec. 2-90 to read: Compensation of members of the economic development committee, exclusive of the councilmanic appointment and the town staff II appointment, after July 1, 1982, shall be $600 per annum, pay- able in equal monthly installments. . os and Mr. Tolbert accepted this amendment. Mayor Sevila asked if there are any other questions concerning the policy of the previous council in adopting this or in allocating funds for the payment of these board and commission members? Mr. Gheen said he had no quarrel with this - he believed there was a report to the .mayor and councilmembers on this subject last Novem- ber. Mr. Willis said they felt if they were going to pay some, they should pay all of them. Mr. Bos asked the total cost for this? Mr. Taylor said this would be $9, 000 in total . Mayor Sevila asked if this would present withholding problems? Mr. Taylor said it will not - this will include everything in the fringe benefits under these activities. Mayor Sevila said Sections 2-88 and 2-89 provide for per meeting payments - this could mean there might be a monthwith no payment. He didn ' t feel this could be paid in "equal monthly in- stallments. " He suggested that this read "payable monthly as earned. " The makers of the motion accepted this amendment. The ordinance, as amended, was unanimously adopted, reading as follows: ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Chapter 2 of the Town Code is amended by adding a new Article to be known as Article VII to read as follows : ARTICLE VII COMPENSATION FOR BOARDS AND COMMISSIONS Section 2-87 . Airport Commission. Compensation of members of the town airport commission, exclusive of the councilmanic appointment, after July 1, 1982 shall be $600 per annum, payable in equal monthly installments. MINUTES OF SEPTEMBER 8 , 1982 MEETING . 50 Section 2-88 . Board of Architectural Review. Compensation of members of the town board of architec- tural review, after July 1, 1982 , shall be $25 per meeting attended, not to exceed $50 in any one month, payable as earned. Section 2-89 . Board of Zoning Appeals . Compensation of members of the town board of zoning appeals, after July 1 , 1982 , shall be $25 per meeting at- tended, not to exceed $50 in any one month, payable monthly as earned. Section 2-90 . Economic Development Committee. Compensation of members of the economic development committee, exclusive of the councilmanic appointment and the town staff appointment, after July 1 , 1982 , shall be $600 per annum, payable in equal monthly installments. SECTION II . This ordinance shall be in effect upon its passage. Aye : Councilmembers Bos, Gheen, Tolbert, Willis and Mayor Sevila. Nay : None. 82-116 - RESOLUTION - INITIATING AMENDMENT OF THE LEESBURG ZONING ORDINANCE CONCERNING PIPESTEM AND IRREGULAR LOTS . On motion of Mr. Willis, seconded by Mr. Tolbert, the following resolution was proposed : WHEREAS, the Leesburg Zoning Ordinance provides inadequate rules for the regulation of pipestem and irregular lots : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . An amendment of the Leesburg Zoning Ordinance is hereby initiated to add Section 8-2-11-9, Pipestem and Irregular Lots, to read as follows : 8-2-11-9 Pipestem and Irregular Lots. Main buildings and accessory structures on pipe- stem or irregular lots subdivided under Sections 13-75 or 13-91 of the Town Code shall be located within the building lines shown on the final plat of the subdivision in which the lot is located. SECTION II . A public hearing at which persons affected by the Zoning Ordinance amendment proposed above may appear and present their views shall be held beginning at 7 : 30 p.m. , or as soon thereafter as the matter may be reached, October 13, 1982 and in line with Section 15 . 1-431 of the Code of Vir- ginia . This hearing shall be a joint public hearing of both Planning Commission and Council . The Clerk shall give no- tice of this hearing on September 23, 1982 and September 30, 1982 . Mayor Sevila said this resolution was sent back to committee at the last Council meeting . He asked what action was taken in committee? Mr. Tolbert said no more than to advertise it for public hearing. Mr. Gheen asked if a joint public hearing with the Planning Commis- sion is the general practice? Mr. Niccolls said this was considered, at the time it was originally drafted, as a badly needed piece of legislation and was written this way because it could accelerate the final adoption. As it has turned out, it has taken several months to get it to this status and there is not the need to ac- celerate it. In the past, when Council has felt the need to move 51 MINUTES OF SEPTEMBER 8 , 1982 MEETING. a zoning ordinance or subdivision ordinance amendment along, it is requested that a joint hearing be held. As an example, the Flood Zone Regulations were a joint hearing; also, the zoning ordinance amendment concerning annexed land was done at a joint hearing. In effect, this says to the commission - "Hurry it up. " Even though you have a joint hearing, they still have 90 days to consider the matter before they make a final report. Council may wish to revert to the more normal procedure - a Section II asking the Planning Commission to conduct a public hearing and submit a report on the proposed amendment. The Planning Commission would conduct its public hearing at a time it chose and send it back to IIthe Council . This is the usual process. We don ' t seem to have the urgency first contemplated. Mr. Gheen said he would prefer to see it go to the Planning Commission for a hearing if there is not that urgency. Mayor Sevila agreed when we are adopting a piece of important legislation relating to subdivision and zon- ing, we should let it follow its normal course. He saw no need right now for expediting the consideration of these two items . The following amendment of Section II was accepted by the makers and the resolution, as amended, was unanimously adopted: SECTION II . The Planning Commission shall conduct a public hearing and submit a report to the Council in line with the provisions of Sec. 15. 1-493, 1950 Code of Virginia, as amended, on this proposed amendment. Aye : Councilmembers Bos, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 82-117 - RESOLUTION - INITIATING AMENDMENTS OF THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS CONCERNING PIPE- STEM LOTS . On motion of Mr. Tolbert, seconded by Mr. Gheen, the following resolution was proposed, with Section II being amended to read the same as Section II of Resolution No. 82-116 above, and unanimously adopted : WHEREAS , the Leesburg Subdivision and Land Development Regu- lations provide inadequate rules for the creation and appro- val of pipestem lots within subdivisions : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . An amendment of the Leesburg Subdivision and Land Development Regulations is hereby initiated to revise Section 13-75 to read as follows : 13-75 . Lots. �.(a) Lot dimensions shall comply with the minimum re- quirements of zoning regulations for area and width unless varied as authorized in Sections 13-63 and 13-91 or herein. (b) Side lot lines shall be generally at right angles or radial to street right-of-way lines unless a variation from this rule will give a better lot layout. Double front- age lots are permitted except that such lots which abut a major or primary thoroughfare shall be provided with a sepa- rating buffer strip or land at least two feet in width with- out the right of access across such strip. (c) Every residential lot shall abut a public or pri- vate street. (d) Lots, to be known as pipestem lots, may be approved which do not meet yard and lot width requirements of the zon- ing regulations provided the proposed lots will preserve natu- ral features which through standard lot layout would be lost or the proposed lots will reduce vehicular access points to 52 MINUTES OF SEPTEMBER 8 , 1982 MEETING. non-local streets or the proposed lots permit better utili- zation of irregularly shaped tracts on an infill basis. Every pipestem lot shall comply with the following stand- ards : (1) The maximum number of abutting pipestem lots shall be five and any group of five abutting pipestem lots shall be separated from any other pipestem lot by at least 100 lineal feet. (2) The maximum distance between the abutting public or private street and the front building line on any pipestem lot shall be 350 lineal feet. ( 3) The stem portion of any pipestem lot shall be excluded from the computation of lot area in determining compliance with zon- ing regulations. (4) The front, side and rear building lines for all pipestem lots shall be shown on the final plat. (5) The minimum width of the stem portion of a pipestem lot separated from any other pipestem lot shall be fourteen feet. The minimum combined width of adjacent stem portions of pipestem lots , where a common driveway or accessway is to be provided, shall be 20 feet. The width of adjacent stem portions of pipestem lots where sepa- rate driveways or accessways are to be pro- vided shall be fourteen feet. SECTION II . The Planning Commission shall conduct a public hearing and submit a report to the Council in line with the provisions of Sec . 15 . 1-493, 1950 Code of Virginia, as amended, on this proposed amendment. Aye: Councilmembers Bos, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 82-118 - RESOLUTION - AUTHORIZING ADDITIONAL STREET RESURFACING. On motion of Mr. Willis, seconded by Mr . Bos, the following resolution was proposed: WHEREAS, on July 14 , 1982 council authorized a contract with William A. Hazel, Inc . for King Street Reconstruction and the 1982 Street Resurfacing Program; and WHEREAS , the Loudoun County Rescue Squad has requested the town add to the 1982 Street Resurfacing Contract the resur- facing of a portion of their parking lot and installation of surface course on a portion of their parking lot on Ca- toctin Circle, and WHEREAS, the cost of this work will be deducted from the I/ previously appropriated $7 , 500 donation to the rescue squad; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The 1982 Street Resurfacing Program is amended to include the Loudoun County Rescue Squad parking lot. Mr. Niccolls explained that the Rescue Squad has requested the town, through its overall resurfacing contract, to resurface the parking lot and driveways at its building on Catoctin Circle. This is work that they have programmed for several years, but been unable it .. . MINUTES OF SEPTEMBER 8 , 1982 MEETING. to afford, so they have taken advantage of our low prices this 53 year, as well as the overall contract quality, inspection, etc. They have asked that we include it and then deduct it from our grant. Mayor Sevila said this has been before committee several times and everybody should clearly understand it by now. Mr . Bos said this is to everybody ' s advantage - it has been seven or eight years since this was done. The resolution was unanimously adopted: Aye: Councilmembers Bos, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. I/ 82-119 - RESOLUTION - GRANTING VILLAGE SQUARE ANTIQUES PERMISSION TO HOLD ANTIQUE SHOWS IN LEESBURG ON SUNDAY, JUNE 19 , 1983 AND SUNDAY, OCTOBER 2 , 1983 . On motion of Mr. Tolbert, seconded by Mr . Gheen, the following resolution was proposed: -RESOLVED by .the Council of the Town of Leesburg in Virginia as follows : 00 SECTION I . Village Square Antiques is granted permission to • hold antique shows on the streets of Downtown Leesburg on Sun- cay, June 19 , 1983 and Sunday, October 2 , 1983 in the follow- CD locations : m (n King Street West side from Loudoun Street to Q Cornwall Street; Loudoun Street North side from Wirt Street to Church Street; Market Street South side from King Street to Theater; SECTION II . Ten percent of rental fees derived from said antique shows shall be given to the Loudoun Restoration and Preservation Society, Inc. 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 exhibi- tors for the above dates . Mr. Tolbert said this is the annual permission they ask for each year . It is the same language as used in the past. The resolution was unanimously adopted: Aye : Councilmembers Bos, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 82-120 - RESOLUTION - AUTHORIZING RIGHT OF WAY ACQUISITION FOR THE SOUTH HARRISON STREET REDEVELOPMENT AND RE- VITALIZATION PROJECT. On motion of Mr. Willis, seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The manager, as required by Title 25, Chapter 6 , Article 3 of the Code of Virginia 1950 amended, shall certify just compensation as determined from an appraisal and the re- view appraisal for the property of Clagett H. Moxley and Clarence Jewell at the corner of South Harrison and Loudoun Streets and the property of Thomas I . Blankenship on South Harrison Street to be acquired by the town for. the South Har- rison Street Redevelopment and Revitalization project. MINUTES OF SEPTEMBER 8 , 1982 MEETING. 54 SECTION II . The manager shall buy, on behalf of the town, the 534 square foot tract owned by Clagett H. Moxley and Clarence Jewell and shown on a plat prepared by Dewberry & Davis dated August, 1982, at a price not to exceed $2 , 670. The manager shall also buy, on behalf of the town, the 1, 224 square foot tract owned by Thomas I . Blankenship lo- cated on South Harrison Street as shown on a plat prepared by Dewberry & Davis dated August 1982 at a price not to ex- ceed $4 , 040 . Mayor Sevila said this was a matter subject to joint consideration by both committees . Everyone feels satisfied with the amount of compen- sation stated. Mr. Gheen said the Finance Committee was satisfied. The resolution was unanimously adopted: Aye: Councilmembers Bos, Gheen, Tolbert, Willis and Mayor Sevila . Nay: None. 82-121 - RESOLUTION - AUTHORIZING A CONTRACT WITH PERRY ENGINEERING CO. , INC . FOR SOUTH HARRISON STREET PUBLIC IMPROVE- MENTS . On motion of Mr. Bos, seconded by Mr . Willis, the following reso- lution was proposed and unanimously adopted : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The town manager shall enter into a lump sum con- tract with Perry Engineering Co. , Inc. , P. O. Box 439, Win- chester, Virginia 22601 for the South Harrison Street public improvements in accordance with the contract documents, plans and specifications dated July 1982 by Dewberry & Davis and the lump sum proposal , less alternate C, submitted August 30, 1982 by Perry Engineering Co. , Inc . at a contract price of $628 , 200 . SECTION II . An appropriation is made to the General Fund, Account No. 4102 . 701 , South Harrison Street Extension - Con- struction, in the amount of $197 , 500 for the fiscal year end- ing June 30 , 1983 . SECTION III . An appropriation is made to the Utility Fund, Account No. 5100. 704 , Water Line Construction, in the amount of $34 , 500 for the fiscal year ending June 30, 1983 . SECTION IV. Appropriations are made to the South Harrison Street Capital Project Fund to the accounts and in the amounts as shown below for the fiscal year ending June 30, 1983 : Account No. Description Amount 9030 . 701 S. Harrison Street Improvements $327 , 700 9050 . 707 S . Harrison Street Water and Sewer 98 , 500 Aye: Councilmembers Bos , Gheen, Tolbert, Willis and Mayor Sevila. Nay: None . 82-122 - RESOLUTION - AUTHORIZING AN APPROPRIATION FOR EQUIPMENT. On motion of Mr. Willis, seconded by Mr. Tolbert, the follow- ing resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : An appropriation is made from the Utility Fund to Account No. 5200 . 710 , Equipment, in the amount of $3, 200 for the fiscal year ending June 30 , 1983 , for the purpose of interconnecting the control equipment at the Carr tank to the Potomac River Water Supply Plant. MINUTES OF SEPTEMBER 8 , 1982 MEETING. 55 Mr. Niccolls explained that this is for automated control devices 1 between the Carr tank and the Water Plant. This is to connect the water tower controls to the plant controls so the operators of the plant can determine the appropriate time to feed water to the sys- tem, based on the tower elevation. Information is now sent to the sewer plant and will continue to be sent there - this equipment will allow information to read out at both locations. This will be a manual system - it will not be done through automatic con- trols. It actually monitors and provides for the control, through 1 switching equipment that is activated manually. Mr. Niccolls fur- ther explained in great detail the operation of this equipment. There are no connections currently between the Carr tank and the Potomac River Water Supply Plant, nor is there equipment at either end of that system to do the work that this equipment proposes to do. It was omitted from the overall contract for construction and our town staff , not the consultants, has identified this deficiency in the system and resolved the problem.- satisfactorily. The resolu- tion was unanimously adopted: Aye : Councilmembers Bos, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 00 NT On motion of Mr. Willis, seconded by Mr. Bos, Council voted O unanimously to go into executive session, pursuant to Section m 2 . 1-344 of the 1950 Code of Virginia, as amended (a) , Exemption (6) to discuss legal matters relating to annexation; also Exemp- m tion (1) to discuss a personnel matter relating to appointment to Q Council : Aye : Councilmembers Bos, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. On motion, duly seconded, Council reconvened. During the execu- tive session, Council considered those matters which were the subject , of the motion to convene; in particular, the matter of selecting a replacement for Stanley D. Herrell, Jr. who resigned as a member of this Council effective June 24 , 1982 . The Code of Virginia allows- 90 days in which to select a replacement and, during this period, Council has been very active in seeking, soliciting and considering applicants or candidates for this position for nearly 10 weeks. APPOINTMENT OF COUNCILMEMBER: On motion of Mr. Bos, seconded by Mr. Tolbert and reaffirmed by Mr . Gheen, Mr . Ed Coffey of Edwards Ferry Road was nominated for councilmember to the seat vacated by Mr. Herrell . Mr . Bos said he is very well qualified, plus the fact that he represents a district that has not been represented recently on the Council . In support of Mr. Coffey ' s nomination, Mayor Sevila stated that all council- members have a copy of his resume and have had ample opportunity to give this full consideration. On motion of Mr . Tolbert, sec- onded by Mr . Gheen, Council voted unanimously to close nominations for member of Council : Aye: Councilmembers Bos , Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. Mr. Bos said Mr. Coffey has worked hard for the town, serving cur- rently as Chairman of the Cable Advisory Committee. His background in both business and civic affairs gives him an edge over most peo- ple insofar as being a councilmember is concerned . He looks for- ward to working with him. Mr . Gheen said he has known and worked with Mr. Coffey for '1, several years and feels he is well qualified to serve on the Coun- ', cil and render good service to the people of the town. Mr. Willis echoed these comments. Mr. Tolbert felt he is better qualified - than other names submitted - he, therefore, supports him for this position. Mayor Sevila supported these comments - he believed Mr. MINUTES OF SEPTEMBER 8 , 1982 MEETING. 56 Coffey was known to all other members of council except him. Since his name has been considered for this position, he has had an oppor- tunity to meet with him and to circulate around citizens in town he considers to be prominent and whose opinions he values . Mr. Coffey is unanimously highly regarded throughout the community and is considered by those with whom he discussed him as a person who will bring dedication, concern and ability to the office. Councilmembers will all find this very welcome and extremely com- patible to them. He fully supports Mr. Coffey for this position. Council voted unanimously to appoint Edgar Littleton Coffey, Jr. to the position of councilman to fill the vacant term of Stanley D. Herrell, Jr. : Aye : Councilmembers Bos, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. Mr. Bos said it is traditional with this council to give a Certificate of Appreciation to former councilmembers . It would be appropriate to make this presentation sometime soon. On mo- tion of Mr. Bos, seconded by Mr . Gheen, Council voted unanimously that a Certificate of Appreciation be issued to Mr . Herrell in a public meeting before the council : Aye: Councilmembers Bos, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. On motion of Mr. Willis , seconded by Mr. Gheen, the meeting was adjourned. JJ . /() Mayo Clerk of t Council