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MINUTES OF REGULAR MEETING OF- LEESBURG TOWN COUNCIL, OCTOBER 27 , 1976.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on
October 27 , 1976. The meeting was called to order at 7 : 35 P.M. by
the Mayor, with the invocation being offered by Mr. Tolbert, and
followed with the Salute to the Flag. Present were: Mayor Mary
Anne Newman, Councilmembers Charles E. Bange, Glen P. Cole, Stanley
D. Herrell, Jr. , C. Terry Titus and John W. Tolbert, Jr, ; also Town
Manager John Niccolls, Assistant to the Manager Jeffrey H. -Minor
and Town Attorney George M. Martin: Absent from the meeting was
Councilmember James A. Rock.
The minutes of regular meeting of October 13, 1976 were ap-
proved as written.
76-163 - Resolution - Approving an agreement with the Virginia De-
partment of Highways and Transportation con-
cerning the improvement of Route 15
On motion of Mr. Bange, seconded by Mr. Tolbert, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
• as follows :
?: SECTION I. An agreement between the town and the Virginia
Department of Highways for the improvement and maintenance of
0. 506 mile of Route 15 from 0. 133 mile north of Catoctin Cir-
S • cle to 0. 142 mile north of the Route 7 Bypass is approved
with the following terms and conditions :
1 . That the Department will submit a project for the im-
provement of 0. 506 mile of Route 15 within Leesburg
from 0. 133 mile North Catoctin Circle to 0. 142 mile
North Route 7 Bypass, Station 3+45 to Station 30+00,
and designated as King Street, Project 0015-253-101 ,
PE-101 , RW-201 , C-501, Federal Project M-5253(101) .
2. Leesburg hereby approves the plans as designed and
requests the Department to submit the aforementioned
project-with recommendation "that it be approved by '
the Federal Highway Administration and agrees that
if such project is approved and conatruagrd y.hht •
Department and the Federal Highway Administration,
it, thereafter, at its own cost and expense, will
maintain the project, or have it maintained, in a
manner satisfactory to them or their authorized
representatives and will make ample provision each
year for such maintenance.
3. Leesburg hereby agrees that the location, form and
character of informational, regulatory, warning signs,
curb and pavement or other markings and traffic sig-
nals, installed or placed by any public authority,
or other agency, shall be subject to the approval
of the Department. ,
4. Parking will be prohibited at all times on both sides
of this project as above described.
5. Leesburg hereby agrees that the location and installa-
tion of utility poles, lighting standards, traffic
signal poles or any other similar facilities installed
or placed by any public authority, or other agency,
shall be subject to the approval of the Department.
6. At places where parking is prohibited, the appropriate
NO PARKING signs shall be erected. The size, design
and color of such signs shall conform to the standards
as shown in the latest edition of the Manual on Uniform
Traffic Control Devices.
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MINUTES OF OCTOBER 27 , 1976 MEETING. -
7. Leesburg agrees that after construction of the project,
or any part thereof, it will not permit any reduction
in the number or width of traffic lanes, additional
median crossovers , enlargement of existing median cross-
overs, or alterations of channelization islands, without
the, prior approval, of the Department.
8. , Leesburg agrees that prison labor will not be used for
any purpose whatsoever on this project ari7ing the time
it is under construction agreement between the Depart-
ment and the Federal Highway Administration.
9. Leesburg agrees to participate in the actual cost of
this project in accordance with the following tabula-
tion, understanding that the costs shown are estimated
and the percentages will be applied to actual costs:
LEESBURG' S SHARE
Item Estimated Cost % Amount
Preliminary Engi-
neering $ 40, 000.00 15 $ 6, 000.00
Right of Way 150, 000.00 15, 22, 500.00
Roadway Construction
(Participating) 547 , 836.00 15 , 82, 175.40
Roadway Construction
(Non Participating) 621 . 00 100 621 .00
Signs and Pavement
Markings 5, 016.00 15 752.40
TOTAL $743, 473.00 $112, 048. 80
SECTION II. The manager is authorized and directed to exe-
cute and the Clerk to attest the agreement on behalf of the
Town.
Mr. Titus asked for an explanation as to where the funds are coming from
for this project. Mr. Niccolls said they will come from revenues
associated with the fiscal year 1978 budget. The invoices from the
Highway Department will not come in until the project is complete
the Town has already paid $20 some thousand dollars toward the cost
of this project. Mr. Titus suggested that, in similar projects in
the future, it might be wise to wait until the State has awarded its
contract before the Town awards its contract in order to coordinate
the project. However, Mr. Niccolls said the State ordinarily wants
the utilities moved before their contract is awarded. In this par-
ticular instance, though,it is fortunate that the Town and the
State have the same contractor. The resolution was then unani-
mously adopted:
Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and
Mayor Newman.
Nay: None.
76-164 - Resolution - Authorizing an agreement with VEPCO for street
lighting improvements
On motion of Mr. Cole, seconded by Mr. Herrell, the following
resolution was proposed:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows :
SECTION I. The manager is authorized and - directed to enter
into an agreement with VEPCO for installation of new street
lighting facilities as shown below at an installation cost
not to exceed $8, 351 . 53 :
ot
MINUTES OF OCTOBER 27 , 1976 MEETING. 7000 L. 7000 L.
Location Wood pole Colonial
Added Added
Phillips Drive - 4
Normandy Village - 1
Prospect Drive 1 3
Wage Drive 3 2
Wildman Street 1 2
Ayrlee Avenue - 2
Morven Park - • 2
Stratford Place - 1
W. South Street 3 -
Valley View - - 4
Edwards Ferry Road 5 -
Davis Avenue 1 -
SECTION II. The following appropriation is made for the fiscal
year ending June 30, 1977 :
Account No. and Name Appropriation
10110. 813 - Street Light Installation $ 8, 400.00
Mr. Titus requested that VEPCO place new poles in as unobtrusive
manner as possible. Mr. Niccolls explained that he had met with
VEPCO today and identified the proposed lights on a Town map.
They have done a good job so as not to disrupt homeowners. Their
designers seem to be conscious of this type of thing. The reso-
lution was then unanimously adopted:
Aye: Councilmembers Bange, Cole, Herrell, Titus, Tolbert and
Mayor Newman.
Nay: None.
76-165 - Resolution - Approvingfluoridation of drinking water sup-
plies anauthorizingpreparation of plans
and specifications fr fluoridation
On motion of Mr. Titus, seconded by Mr. Bange, the following
resolution was proposed:
BE IT RESOLVED by the Council of the Town of Leesburg, Vir-
ginia, as follows :
SECTION I. A program of fluoridation of Leesburg' s drink-
ing- water supplies is approved.
SECTION II. Bengtson-DeBell , Inc. , consulting engineers,
are authorized to prepare detailed plans, specifications,
construction and bid documents for facilities required to
fluoridate Leesburg' s drinking water supplies as part of
the 1976 waterworks improvements.
Mayor Newman commented that she had read the report submitted by
Bengtson-DeBell and she didn' t know any more than she did- after read-
ing Mr. Niccoll ' s report on this project - she felt his report was
well done. Mr. Bange commented that former Councilmember Orr was
very much in favor of this project from its beginning. The resolu-
tion was unanimously adopted:
Aye: Councilmembers Bange, . Cole, Herrell, Titus, Tolbert and
Mayor Newman.
Nay: None.
76-166 - Resolution - Accepting Deed of Easement from County of
Loudoun (Pennington Tract) . -
On motion of Mr. Bange, seconded by Mr. Herrell, the following
resolution was proposed: •
•
BE IT RESOLVED by the Council of the Town of Leesburg, Vir-
ginia, as follows : •
124
MINUTES OF OCTOBER 27 , 1976 MEETING.
That the Deed of Easement made the 20th day of September,
1976 by and between the County of Loudoun and the Town of
Leesburg for the construction, maintenance, • repair, ' enlarge-
ment and replacement of storm sewer facilities in• said ease-
ment is hereby accepted and the Mayor is hereby authorized
to acknowledge the same on behalf of the Town.
Mr. Titus said this resolution does not speak to the future extension
of the storm sewer. Mr. Niccolls said he would ask the County Attorney
to incorporate language in the easement instrument favoring a future
easement out to the possible extension of Church Street. Ori motion
of Mr. Titus, seconded by Mr. Bange, an amendment was proposed and
unanimously adopted to add after the word "enlargement ' ", replace-
ment and extension". The resolution, as amended, was then unani-
mously adopted and reads as follows :
BE IT RESOLVED by the Council of the Town of Leesburg, Vir-
ginia, as follows :
That the Deed of Easement made the 20th day of September, 1976
by and between the County of Loudoun and the Town, of Leesburg
for the construction, maintenance, repair, enlargement, re-
placement and extension of storm sewer facilities in said ease-
ment is hereby accepted and the Mayor is hereby authorized to
. acknowledge the same on behalf of the Town.
Aye: Councilmembers Bange, ' Cole, Herrell, Titus, Tolbert and
Mayor Newman.
Nay: None.
76-167 - Resolution - Making and repealing appropriations for 1976-77
On motion of Mr. Bange, seconded by Mr. Cole, the following reso-
lution was proposed and unanimously adopted:
RESOLVED by the Town Council of the Town of Leesburg, Vir-
ginia,
as follows :
SECTION I. The following appropriations are made for the
fiscal year ending June 30, 1977 :
Account No. and Name Appropriation
No. 9010. 805 Police - Special
Equipment. $ 500.00
No. 10110. 808B Streets - New Construction -
Intersection of Market,
Loudoun & Morven Park 1, 501.45
No. 10200. 220 Equipment Maintenance -
Insurance 2, 500.00
No. .10210. 221 Maintenance of Buildings -
Insurance 600.00
No. 1010. 208 Newsletter 1, 400.00
No. 2010:246 Travel & Training 500.00
SECTION II. The following appropriation made by Resolution
No. 76-102 for the fiscal year ending June 30, 1977 is re-
pealed:
No. 14050. 103 Fire Marshal $1 , 650.00
Aye: Councilmembers Bange, Cole, Herrell, Titus, Tolbert and
Mayor Newman.
Nay: None.
Mr. Niccolls reported that Johnson and Williams has indicated
that the Wastewater Management Planning Study should definitely be
in the Town' s hands within two weeks and possibly in a week. Johnson
and Williams has raised the question of when a Public Hearing will
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MINUTES OF OCTOBER 27 , 1976 MEETING.
be held.. - Thirty days ' notice is required and they are suggesting a
separate night for the hearing due to the vast amount of detailed
information that should be put into the record. 'The tentative sched-
ule given to the Water Control Board called for the hearing to be
held on or about December 1. There followed discussion as to when
such a hearing might be held. Mr. Niccolls explained the approval
process that follows such a hearing. Mr. Titus said he would not
vote for a public hearing until the report is in hand. Mr. Niccolls
further explained that the Water Control Board has already granted a
delay for Leesburg' s application for Step II money for the fiscal
year 1977 , pending completion of the report by a certain day in
either late January or early February. The SWCB regulations require
the completion of Step I planning operations by December 31, 1976
if we want to be elibigle for Step II money in the next fiscal year.
We could possibly get another extension, but he did not deem that
advisable. It was finally decided that a date would be set for this
hearing after the report is received.
Mr. Herrell asked if anything has been done about the tanks sit-
ting in the water on Sycolin Road. Mr. Niccolls said they are ap-
parently owned by Amoco and they have agreed to remove them.
• ' Mr. Bange was glad that the question of which night Halloween
would be celebrated has been clarified.
r.
Mr. Titus had received several complaints with regard to the pav-
Y ing of North Wirt Street- the criticism being that no curb and
ter was constructed before the paving was done. He suggested that
in the future consideration be given to. curb, gutter and sidewalk
construction before the street resurfacing-is" done.
On motion of Mr. Tolbert, seconded by Mr. Herrell , the.-nseting
was adjourned at 8 : 10 P.M.
C\.
4;4(1/ Mayor
erk of e Council