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HomeMy Public PortalAbout1978_04_19SPEC C 68 MINUTES OF SPECIAL MEETING OF LEESBURG TOWN COUNCIL, APRIL 19, 1978. A special meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on April 19; 1978. The meeting was called -to order by the Mayor at 8 : 12 P.M. Present were: Mayor Mary Anne Newman, Councilmembers Charles E. Bange, .Glen P. Cole, Stanley D. Herrell, Jr. , James A. Rock, C. Terry Titus and John W. Tolbert, Jr. ; also, Town Manager 'John Niccolls and Assistant -to the Manager Jeffrey H. Minor. In the absence of the Clerk, Mary Mack was appointed Clerk Pro-Tem. Mayor Newman stated that this meeting was called principally for the consideration of the issuance of water bonds and retaining bond counsel . 78-0-10 - Ordinance - Authorizing the issuance of $5, 000;000 Water bonds of the Town of Leesburg, Virginia. On motion of Mr. Rock, seconded by Mr. Tolbert, the following ordinance was proposed: ORDAINED by the Council of the Town of Leesburg, Virginia: SECTION I. It is hereby determined to benecessary and ex- pedient ,for the Town of. Leesburg to improve and enlarge its water system to promote the development and public welfare of the Town of Leesburg and to borrow money for such pur- pose and issue the Town' s general obligation bonds therefor. SECTION II. Pursuant to the authority of the Town Charter and the Public Finance Act, as amended, there are hereby authorized to be issued bonds of the Town of Leesburg in the maximum amount of Five Million Dollars ($5, 000, 000) -• to:provide-:funds; together with other funds that may be available, to improve and enlarge the Town' s water system, including construction of. a water intake structure, fil- tration and treatment plant, storage facility, pumping sta- tion and transmission mains. SECTION III. The bonds shall bear such date or dates , ma- ture at such time or times not exceeding 40 years from their dates, bear interest at such rate or rates not to exceed the maximum rate authorized by law at the time the bonds are sold, be in such denomination and form, be executed in such manner and be sold at such time or times and in such manner, including a separate sale or a sale in combination with bonds that may be hereafter authorized for other purposes, as the Council shall hereafter provide by appropriate resolution or resolutions. SECTION IV. The bonds shall be general obligations of the Town of Leesburg for the payment of principal of and inter- est on which its full faith and credit shall be irrevocably pledged. On motion of Mr. Rock, seconded by Mr. Herrell, the following amend- ments were proposed and adopted by a vote of 6 to 1 abstention: I/ At the end of Section II add: " ; in such manner and accord- ing to such plan or program as shall be approved, or from time to time revised, by the Council . " In Section III delete the phrase: "including ,a separate sale or a sale in combination with bonds that may be here- after authorized for other purposes, " At the end of Section IV add: ", provided that the system revenues from within and without the Town shall be maintained at levels sufficient to operate and maintain the water system and retire such outstanding debt as may exist. " Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert=and Mayor Newman. Nay: None. Abstention: Councilmember Titus. On motion of Mr. Rock, seconded by Mr. Bange, the following amendment was proposed and adopted by a roll call vote of 6 to 1 abstention: MINUTES OF APRIL 19, 1978 SPECIAL MEETING. " " SECTION V. An emergency is declared and this ordinance shall be in effect upon its passage. Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and Mayor Newman. • Nay: None. . Abstention: Councilmember Titus. It was unanimous consent of Council to change the year date of passage from 1977 to 1978. The ordinance, as amended, was adopted by a roll call vote of ' 6 to 1 abstention and reads as follows : - ORDAINED by the Council of the Town of Leesburg, Virginia: SECTION I. It is hereby determined to be necessary and ex- pedient for the Town of Leesburg to improve and enlarge its water system to promote the development and public welfare of the Town of Leesburg and to borrow money for such purpose and issue the Town' s general obligation bonds therefor. SECTION II. Pursuant to the authority of, the Town Charter and the Public Finance Act, as amended, there are hereby authorizdd to be issued bonds of the _Town of Leesburg in the maximum amount of Five Million Dollars ($5, 000, 000) 11 to provide, funds, togetherwith other funds that may be available, to improve and enlarge the Town' s water system, including construction of a water intake structure, fil- tration and treatment plant, storage facility, pumping sta- tion and transmission mains ; in such manner. .and according to .such plan or program as shall •be approved, or from time to time revised, by the Council. SECTION III. The bonds shall bear such date or dates, ma- ture at such time or times not exceeding 40 years from their dates, bear interest at such rate or rates not to exceed the maximum rate authorized by law at the time the bonds are sold, be in such denomination and form, be executed 'in such manner and be sold at such .time or times and .in such manner, as the Council shall hereafter provide by appropriate resolution or resolutions. - SECTION IV. The bonds shall be general obligations of the Town of Leesburg for the payment of principal of and inter- est on which its full faith and credit shall be irrevocably pledged, provided that the system revenues from within and without the Town shall be maintained at levels sufficient to operate and maintain the water system and retire such outstanding. debtas may exist. SECTION V. An emergency is declared and this ordinance shall be in effect upon its passage. Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and Mayor Newman. Nay: None. Abstention: Councilmember Titus. 78-66 - Resolution - Retaining bond counsel and services. • On motion of Mr. Rock, seconded by Mr. Bange, the following resolution was proposed: WHEREAS, the Council of the Town of• Leesburg, Virginia, desires to retain the firm of Hunton & Williams, Richmond, Virginia, as its bond counsel .in connection with the issu- ance and sale of. approximately $5, 000, 000 Water Bonds ; and -WHEREAS, the Town has received a disclosure by Hunton & Williams , pursuant to Virginia Code Sections 2. 1-349(a) (2) and (b)(5) , being part of the Virginia Conflict of Interests Act, of certain members and' associates of such firm, and spouses of members or associates, who serve governmental agencies other than the Town; 70 MINUTES OF APRIL 19, 1978 SPECIAL MEETING. RESOLVED by the Council of- the Town of Leesburg, Virginia, as follows : 1. Hunton & Williams , Richmond, Virginia, shall be retained as bond counsel in connection with the issuance and sale of approximately $5, 000, 000 water bonds. 2. The agreement to retain Hunton & Williams as bond counsel is a contract for legal services which in the judgment of the Town, in the public interest should not be acquired through competitive bidding. 3. This resolution shall be filed as a matter of pub- lic record with the minutes of this meeting. On motion of Mr. Rock, seconded by Mr. Herrell , the following substitute resolution was proposed: • WHEREAS, the Council of the Town of Leesburg, Virginia, de- sires to retain the firm of Hunton & Williams, Richmond, Virginia, as its bond counsel in connection with the issu---- ance and sale of approximately $5, 000, 000 Water Bonds ; and WHEREAS, the Town has received a disclosure by Hunton & Williams, pursuant 'to Virginia Code Sections 2. 1-349(a)(2) and (b)(5) , being part of the Virginia Conflict of Interests Act; of certain members and associates of such firm, and spouses of members or associates, who serve governmental agencies other than the Town; and WHEREAS, the Town Council desires to retain various ser- . vices to manage and direct the planning and construction of the Potomac River Water Supply plant and associated transmission mains : ' RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. Bond Counsel 11 ( (a) Hunton & Williams, Richmond, Virginia, shall be retained as bond counsel in connection with the issuance and sale of approximately $5, 000, 0001water bonds'. (b) The agreement to retain Hunton & Williams as bond counsel is a contract for legal services which, in ,the judgment of the Town, in the public interest should not be ac- quired through competitive bidding. (c) This resolution shall be filedas a matter of public record with the minutes of this meeting. SECTION II. The Manager is directed to immediately: (a) Secure by May 10, 1978, a proposal or proposals from Bengtson,. deBell & Elkin, Inc. for services to manage the planning and construction of. the Potomac River Water Supply plant and transmission mains , such ser- vices shall include: . (1) Preparation for the Council of a detailed plan leading to construction and operation of the Potomac River Water Supply plant by June 7 , 1978; (2) Provide the Council an engineering review of the existing 1. 25 mgd construction plans by June 28, 1978; (3) Making and advancing, for the Council , applica- tions when timely, for necessary federal , state and county permits ; and (4) Reviewing, for the Council , any available federal ' grant-in-aid programs and advise Council of pos- sible applications. MINUTES OF APRIL 19, 1978 SPECIAL MEETING. (b) Secure, for the Council , by June 7 , 1978, a proposal from Betz-Converse-Murdoch, Potomac Group, Inc. (formerly Johnson and Williams, Consulting Engineers) for engineering services related to final' plan re.-- vision e=vision to add fluoridation facilities and otherwise as necessary, construction engineering and start-up of the Pbtomac River Water Supply plant. SECTION III. Engineering services already committedand contracted for relating to the proposed interconnection with the Loudoun Sanitation Authority or the •Fairfax City System shall be completed and held in -abeyance pending com- pletion of the Potomac River 'plait. Any engineering work authorized, but not under contract as of this date is here- by rescinded. Negotiations with either the Sanitation • Authority or Fairfax City that would lead to interconnection of either system with Leesburg shall be suspended until fur- ther notice; informal discussions shall continue. SECTION IV. Resolution 77-211 is hereby rescinded', but ef- forts to' secure additional subsurface water supplies for the Town shall continue. During discussion of the substitute resolution, Mr. Rock informed Council that he had discussed the proposed dates with Bengtson, deBell and Elkin, and they can meet the dates specified in the resolution. Mr. Niccolls asked Council to very carefully consider deleting the section suspending further work on the interconnection program because the towns system needs this back-up supply before the plant can be put on line. Mr. Rock stated that he had always been a supporter of the interconnection program, but just now he felt that all efforts should be directed to the Potomac River Plant. In answer to a question by Mr. Cole, Mr. Niccolls said that comple- tion of the interconnection program would be one year from this date. Mayor Newman felt, too, thatit would be better to suspend the work on the interconnection program - this would take' a separate bond issue. The substitute resolution was adopted by a vote of 6 to 1 abstention: Aye: Councilmembers Bange, Cole, Herrell , Rock,. Tolbert and Mayor Newman. Nay: None. • Abstention: Councilmember Titus. The question of the validity of the vote regarding Rezoning Application. #ZM-20 by William S. Savopoulos was discussed by Council , with most of the discussion centering on the interpretation of Sec- tion 11-5 of the Zoning Ordinance. Mr. Savopoulos addressed Council and asked that a re-vote be taken tonight - he felt this would be the fair way to resolve the issue. Mayor Newman referred this matter back to Workshop and asked that a written legal opinion be secured from Mr. Martin. Councilmember Titus requested that the Planning Commission con- sider an 'amendment to Section 11-5 of the Zoning Ordinance stating "An affirmative vote of at least a majority, of the elected members of the Council shall be required within thirty (30) ayes of the Council ' s advertised public hearing in order tb amend the Ordinance ' text or map, otherwise said amendment shall not be approved. " On motion of Mr. Rock, seconded by Mr. Cole, the meeting was ad- journed at 8 :46 P.M. t�r /67 Mayor Clerk of LheoC unc'i ro-lem