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HomeMy Public PortalAbout1978_07_26 142 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 26, 1978. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on July 26, 1978 at 7 : 30 P.M. The meeting was called to order by the Mayor,' with. the invocation being given by Mr. -Tolbert, and followed with -the Salute to the Flag. Present were: Mayor Kenneth B. Rollins , Councilmembers' Stanley D. Herrell, Jr. , Marylou Hill; and John W. Tol- - bert, Jr.; also .Town' Manager John Niccolls, ' Assistant Manager. Jeffrey H. Minor and Town Attorney George M. Martin. Absent • from' the meeting were Councilmembers Glen P. Cole and G. Dewey Hill , Jr. The minutes of regular meetings of June 14, 1978, June 28, 1978 and July 12, 1978 were approved as written. • • Public Hearing on amendment to Town Code re business license for coin-operated amusement machines. The proposed amendment was read by the Clerk. Mr. Niccolls ex- plained that an amendment to the State Code was adopted last year which changes the authority of;:the Town to Levy a license tax on coin-operated machine businesses. We previously had a per machine fee. The State Code provides that this is unlawful. This provides for a $200 annual license tax for each business , plus 0. 1% of the gross receipts. Basically, it is mandated by State law, but will have no serious impact on revenues because we have no large coin- operated amusement' machine businesses located in Leesburg. We already tax machines that dispense retail' goads. There was no-one to speak concerning this proposed amendment; nor did _the Council mem- bers have any questions or comments. The, Mayor referred this proposed amendment to the Finance and Administration Committee for consideration at the next session. MANAGER' S REPORT: Mr. Niccolls elaborated on several items contained in the Ac- tivity Report. just distributed tonight. He also called attention to tie cash balance sheet from the Director of Finance. Most of this money is invested in interest bearing securities - we try to keep a maximum of $10, 000 in demand deposits. This is a significant change in that greater interest earnings have accrued since we have reduced the working capital . This gives an indication of our liquidity at this moment. Mayor Rollins asked if Mr. Niccolls has talked with the Highway Department about the Route 7 east median strip. Mr. Niccolls said he has found four (4) locations that can be used for landscap- ing without any adjustment in the plans. He does not anticipate much of a problem because he doesn' t see that it will have any effect on the geometrics of the design. He expects to have a report on this for the Public Works meeting. MAYOR' S REPORT: Mayor Rollins exhibited drawings of a parking garage done by Mr. Dick Richards and suggested that the press might want to write an editorial as to whether or not it would be a good idea. He felt• this is something they should consider when considering the overall parking situation. One of these designs shows future expanded Town Offices along Market Street and the parking garage behind it. He does not feel that the Town can afford to give up this land and have no place to expand its public facilities 10 or 15 years from now. He has talked with two or three people interested in constructing such a garage and has suggested that they make a proposal to the Council. Mr. Niccolls said Mr. Forbes is compiling some tangible information from several other municipalities in the area that have been through a parking development - Winchester, Annapolis, Char- lottesville and one other one. Mayor Rollins asked what is being done at the Phillips-Nickels Well at this time. Mr. Niccolls said so far as he knows they are still test pumping. He will have this information on Friday. • Mayor Rollins said he will delay his appointments to the Board' of Architectural Review until the next meeting. Several people have ex- pressed an interest in serving on this Board. 143 MINUTES OF JULY 26, 1978 MEETING•. Mrs. Hill asked that "No Parking" signs be placed on the east side of Plaza Street at the request of the businesses on that side of the street. Mr. Niccolls said this was done yesterday. Mr. Herrell hoped that the new plan for Route 7 east to be done by the Highway Department will be made available to the business peo- ple in that area so that they might express their opinions. Mr. Niccolls said. it is interesting to note that the plans of about a year ago were made available to all the business people along East Market Street. These plans contained a raised median and the business people did not want this. A meeting was held with the Highway Depart- ment and the raised median was taken out, on instruction from , the Council to the Highway Department. He felt that the business people had been given great and fair consideration by the Highway Department and by the Town. Mr. Herrell still felt they should' be given a chance to express their opinion before we go ahead with it. Mayor Rollins was aware that there would be turning problems, but he would still like to see some landscaping in the areas where it can be done. Mr. Tolbert gave a report of the Airport Commission meeting held recently, this being his first meeting as the Councilmanic member. 78-0-20 - Ordinance - Amending Sections 15-12, 15-13, 19-21 and 19-22 lf: of the own Code. On motion of Mr. Herrell , seconded by Mr. Tolbert, the following L_ ordinance was proposed: G ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. Sections 15-12, 15-13, 19-21 and 19-22 of the Town Code are amended to read as follows : Sec.- 15-12. Fee for sewer connection--within corporate limits. Before any person connects with or discharges sewage into the sewer, system, . a fee for. the connection permit is- sued under Sec. 15-10 of the Code shall be paid in amounts provided below: (a) The fee for a 4-inch diameter connection within the town where the town provides all materials, equipment and labor for installation of. a sewer connection shall be $300.00. (b) The fee for a 4-inch diameter connection within the town where a' developer o1' si.ibdivider pro- . vides all materials, equipment and labor for installation of a sewer connection shall be $50. 00. (c) The fee for any connection to the town sewer • system larger than 4-inches diameter inside the town where the town provides all materials , equipment and labor shall be $50.00 plus the cost of materials , equipment and labor for in- - stallation of the sewer connection. (d) Connection permit' fees' shall be paid prior to the issuance of a zoning permit. Sec. 15-13. Fee for sewer connection--without corporate limits. Before any person connects with or discharges- sewage into the town sewer system, a fee for the connection permit issued under Sec. 15-10 of the Code shall be paid in the amounts provided below: • - ' (a) The fee for a 4-inch- diameter connection outside the town where the 'town provides all materials, equipment and labor for installation -of a sewer connection shall be $450.00. 144 MINUTES OF JULY 26, 1978 MEETING. (b) The fee for a 4-inch diameter connection outside the town where a developer or subdivider provides' all materials:, equipment and labor for installa- tion of a sewer connection shall be $75.00. (c) The fee for any connection larger than 4-inches diameter outside the town where the town provides all materials , equipment and labor shall be $75. 00 plus 1 . 5 times the cost of materials, equipment and labor for installation of the sewer connec- tion. • (d) Connection permit fees shall be paid prior to issuance of a zoning permit. Sec. 19-21. Connection fee--within corporate limits. Before any person connects with or withdraws water from - the town water system, a fee for the connection permit is- sued under Sec. 19-19 of the Code shall be paid in amounts provided below: (a) The fee for a 3/4-inch diameter connection within the town where the town provides all materials, equipment and labor for installation of a water connection shall be $300. 00. (b) The fee for a 3/4-inch diameter connection within , the town where a developer or• subdivider provides all materials except the meter, meter box, lid and setting, all equipment and labor for installa- tion of a water connection shall be• $150.00. (c) The fee for any connection larger than 3/4-inch diameter inside the town where the town provides all materials, equipment and labor shall be $50. 00 plus the cost of all materials , equipment and labor for installation of the water connection. (d) Connection permit fees shall be paid prior to the issuance of a zoning permit. Sec. 19-22. Connection fee--without corporate limits. Before any person connects with or• withdraws water from the town water system, a fee for the connection permit is- sued under Sec. 19-19 of the Code shall be paid in amounts provided below: (a) The fee for a 3/4-inch diameter connection outside the town where the town provides all materials, equipment and labor for installation of a water connection shall be $450.00. (b) The fee for a 3/4-inch diameter connection outside the town where a developer or subdivider provides all materials except the meter,• meter box, lid and setting, all equipment and labor for installation of a water connection. shall be• $225.00. (c) The fee for any connection larger than 3/4-inch diameter outside the town where the town provides all materials, equipment and labor shall be $75.00 plus 1 . 5 times the cost of materials , equipment and labor for installation of the water connection. (d) Connection permit fees shall be paid prior to the issuance of a zoning permit. • • SECTION II. This ordinance shall be effective upon its pas- sage. • Mr. Herrell commented that the fees in the past have not covered the cost. Mr. Niccolls explained that the present fees are $100.00 where the developer has ingalled facilities and $200.00 where the Town makes the tap. Under this proposal , we are actually reducing the charge for connections made by the developer and increasing the others. This is where we have been losing money. The ordinance 'was adopted unanimously: Aye: Councilmembers• Herrell, Marylou Hill , Tolbert and' Mayor Rollins. Nay: None. g4, MINUTES OF JULY 26, 1978 MEETING'. X1145 45 XXX 78-0-21 - Ordinance - Adding a new section to the Town Code and re- pealing Section 10-180 of the Town Code re- gardi9 enforcement of parking violations by a parking attendant. • On motion of Mr. Herrell , seconded by Mr. Tolbert, the following ordinance was proposed: ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : 11 SECTION I. Article I of Chapter 10 of- the Town Code is hereby amended by adding a new section to be numbered Sec. 10-25, which said section reads as follows : Section 10-25. Enforcement of certain parking viola- tions by parking attendant. (a) For the purpose of this section,- parking attendants shall be defined as those persons over the age of 21 who are authorized by the Chief of Police to identify and tag vehicles in violation of Article VI of this chapter, without the power of arrest. (b) The manager may employ individuals to serve as parking attendants for the purpose of tagging with parking notices vehicles in viola- tion of Article VI of this chapter. (c) Persons employed for this purpose shall first receive training as the Chief of Police de- termines necessary to fully discharge the duties of the position. - (d) Persons employed as parking attendants ' shall, while performing their duties, wear a uni- form as determined by the Chief of Police, dis- tinctive''from the regular police uniformin use by the town. SECTION II. Section 10-180 of the Town Code is hereby repealed. SECTION III. This ordinance shall be effective upon its passage. Mr. Niccolls explained that the Budget provides for only one atten- dant and this extends authority of this person to• parking viola- tions other -than just parking meters. She works 24 hours a week at intervals determined by her and the Chief of Police. The ordi- nance was unanimously adopted: • Aye: Councilmembers Herrell , 'Marylou Hill , Tolbert and Mayor Rollins. Nay: None. 78-0-22 - Ordinance - Amending paragraphs (a) and (b) of Section 10-131 of the Town Code regarding speed limits on King Street. wA On motion of Mrs. Hill , seconded by Mr. Herrell , the following ordinance was proposed and unanimously adopted: ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. Paragraph (a) of Section 10-131 of- the Town Code is hereby amended to read as follows : (a) King Street, for southbound vehicles : (1) Twenty-five miles per hour from the north corporate limits to 300 feet south of First Street; t6d4 MINUTES OF JULY 26, 1978 MEETING. 146 (2) Thirty-five miles per hour from 300 feet south of First Street to the south cor- porate limits. SECTION II. Paragraph (b) of Section 10-131 of the Town Code is hereby, amended to read as follows : (b) King Street, for northbound vehicles : (1 ) Thirty-five miles per hour from the south corporate limits to 300 feet south of First Street. (2) Twenty-five miles per hour from 300 feet south of First Street to the north corpor- ate limits. SECTION III. This ordinance shall be effective upon its passage. Aye: Councilmembers Herrell, Marylou Hill , Tolbert and Mayor Rollins. Nay: None. 78-0-23 - Ordinance - Amending Chapter 8 of the Town Code regarding littering. On motion of Mrs. Hill , seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: - BE IT ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. Section 8-3 of the Town Code is hereby amended to read as follows : Sec. 8-3. Violations of chapter. 11/ Except as otherwise provided, any person who violates any provision of this chapter, by doing any act prohibited or declared to be unlawful , or who fails to do any act re- quired by any such provision, or who fails to do any act when such provision declares such failure, to be unlawful , upon conviction thereof, shall be fined not less than $10.00 nor more than $35.00 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. SECTION II. Chapter 8 of the Town Code is hereby amended by adding a section to be numbered Section 8-22, which said section -shall readasfollows: • Sec. 8-22. Dumping trash, etc. on highway, right-of-may or private propery. (a) Any person shall be guilty of a misdemeanor who shall dump or otherwise dispose of trash, garbage, refuse or other unsightly matter, on a public highway, right-of- way, 'property adjacent to such highway or right-of-way, or on private property, . without the written consent of the owner thereof or his agent. (b) An officer may comply with the provisions of 111 Section 10-21 of the Town Code in making an arrest for violation of this section. (c) Any person convicted of a violation of this section shall be punished as if guilty of a Class I mis- demeanor. (d) Upon the conviction of any person for a viola- tion of this section, the court may suspend the imposi- tion of any sentence on condition that the defendant vol- unteer his services for such period of time as the - court may designate to remove litter from any town highway or right-of-way. 1147 MINUTES OF JULY 26, 1978 MEETING.. SECTION III. This ordinance shall be effective upon its pas- . sage. Mrs. Hill particularly liked Section (d) . Aye: Councilmembers Herrell, Marylou Hill, Tolbert and Mayor Rollins. Nay: ' None. ' • Proposed ordinance repealing Sections 2-27 and 2-28 of the Town Code. On motion of Mayor Rollins, seconded by Mr. Herrell , Council voted unanimously to send this matter back to the Finance and Admin- istration Committee. Mayor Rollins felt that this whole section having to do with Council Rules of Procedure should be repealed; each Council should adopt its own Rules , but not as a part of the Code, and there should be only two rules 'at 'that. They would be that (1 ) Robert' s Rules shall govern Council proceedings and (2) nothing shall be considered at its initial introduction unless by unanimous consent of the Council :' Aye: Councilmembers Herrell, Marylou Hill, Tolbert and Mayor Rollins. Nay: None. tit 11 78-0-24 - Ordinance - Repealing Section 17-64 of the Town Code. On motion of Mr. Herrell, seconded by Mr. Tolbert, the .fol- lowing. ordinance was proposed and unanimously adopted: ORDAINED by the Council for the Town of Leesburg, Virginia, as follows : SECTION I. Section 17-64 of the Town Code is repealed. SECTION II. An emergency exists and this ordinance shall be in effect upon its passage. It was pointed out that the business license tax on manufacturers was outlawed by .the State. Aye: Councilmembers Herrell; Marylou Hill , Tolbert and Mayor Rollins. Nay: None. . - • 78-127 - Resolution, - Authorizing water connections. On motion of Mayor Rollins, seconded by Mrs. Hill , the follow- ing resolution:was proposed: WHEREAS, the Virginia Department .of Health on April 4, 1977 imposed a• limit of 100 new connections to the Leesburg water system and by August that year all permits allowed had been issued; and • WHEREAS, the town diligently pursued development of addi- tional and restoration of existing water supplies over the past two years ; and WHEREAS, preliminary tests of rehabilitation work underway indicates the Phillips/Nickels well will be restored to full production by late 1978 and ibevcapable 'of 'providing over 400, 000 gallons of water daily; and WHEREAS, the town has approved' the construction of the Potomac River water supply facility and ordered necessary engineering work for completion of construction by spring, -•1981 ; 'and WHEREAS, the Andoverwell capable of producing 160;000 gallons per day was added to the supply system since the date of health department action; and ` • WHEREAS, Leesburg' s water supplies are now adequate for de- livery of normal and peak demands ; and 14 8- MINUTES OF JULY 26, 1978 MEETING.. WHEREAS, tests of two new well -supply facilities on Ever- green Mill Road indicate the potential for additional sup- . plies of 0. 5 to 1 .0 million gallons per day which can be made available for use by early 1979; and WHEREAS,' landowners. within Leesburg require adequate and assured water supplies for development and use of their properties in an orderly manner and are greatly incon- venienced by the lack of new connections authorized: THEREFORE, RESOLVED by the Council of the Town' of Lees- burg,' Virgnia, " as follows : SECTION I. The Council finds present water supplies are adequate for normal and peak demands and that expected water supply improvements are capable of meeting antici- pated future demands made by new development. SECTION II. The manager is authorized and directed to authorize new connections for water service. On question from Mr.' Herrell , Mr. Niccolls said he feels assured that the Phillips/Nickels Well will produce as much water as it did before, but it will take some time and money - it has been pumped at over 500 gpm successfully, but the problem is turbidity, which they feel can be resolved._ Mr. Niccolls also said that thereh€s.beaino signifi- cant change in supplies in this dry weather and he does not anticipate any. The water tables are generally up in this area and our mechanical problems are pretty much in hand. They are able to meet the average daily demands and peak demands with the supplies that are currently. available. Mayor Rollins asked the time table on the engineering work on the two new wells on Evergreen Mill Road. Mr. Niccolls said the preliminary engineering report has been submitted and must be dis- cussed completely with the engineers. A recommendation will be made at theblic Works Committee meeting for the second phase of this work and/wYll be going into the design phase in about ten days. He said some of the water quality. tests have' been received: on these wells but the final chemical analysis has not been received from the Health Department. However, one hasbeen. received from the Geological Sur- vey, which finds no problems. Mayor Rollins also asked if• the money was appropriated last year to take the storm water away from Firemen' s Well . . Mr. Niccolls said the .pipe has been purchased and' the work will be done with Town forces. The water quality tests are fine and they are doing another analysis every three days and we have had no prob- lems. He felt there was no problem with keeping the Firemen' s and Royal Street wells 'in•the system indefinitely. Mr." Herrell asked if Section II means the Town will start taking money for taps immediately. Mr. Niccolls said "Yes," - there will be no limit. Mayor Rollins felt there should be a time limit for the payment of taps. Mr. Niccolls said legislation was drafted last year with regard to a time limit and/or payment to extend same - he felt that perhaps the Public Works Committee should look at this whole structure and work out something on this. Mr. Tolbert asked if Mother Goose has done anything on their project. Mr. Niccolls said he thought they had an 18-month time frame but he will give a report on this. Mayor Rollins said he does not view this as a "confrontation with the Health Department, as termed by the Times-Mirror last week, but rather as a change in conditions - they are vitally different from what they were last year, with the new supplies the Town has and the new sources that will be on line shortly. He felt that, if the Health Department does not understand the changed conditions, it will have to be taken on up until there is a judicious resolvement of the question. The resolution was unani- mously adopted: Aye: Councilmembers Herrell , Marylou Hill , Tolbert and Mayor Rollins. Nay: None. 78-128 - Resolution - Initiating a proposed amendment to Section 9A-2 of the Leesburg Zoning Ordinance On motion of Mr. Herrell, seconded by Mr. Tolbert, the following resolution was proposed: MINUTES OF JULY 26, 1978 MEETING. t4 9 RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. An amendment of the Leesburg Zoning Ordinance to amend Section 9A-2 and repeal sub-section 9A-6-12 is hereby initiated. The text of the proposed amendment is attached. SECTION II. The attached proposed amendment to the Lees- burg Zoning Ordinance is referred to 'the Planning Commission for a report and recommendation. SECTION III. A joint Council-Planning Commission Public Hearing on the proposed amendment shall be heard -beginning at 7 : 30 p.m. on September 13, 1978," and' advertised as re- quired by law. The Clerk shall advise the Planning Com- mission of the time and date of the public hearing. Mr. Herrell felt that a joint public hearing would allow both bodies the same input. The resolution was unanimously adopted: Aye: Councilmembers Herrell , Marylou Hill , Tolbert and Mayor Rollins. Nay: None. 1S: et 78-129 - Resolution - Approying a Deed of Partial Easement Vacation. N On motion of Mr. Herrell , seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, International Pavilion Company did, by deed of easement recorded in Deed Book 677, page 413, among the Land Records of Loudoun County, Virginia, grant to the Town of Leesburg a temporary outfall drainage easement upon International Pavilion Company land adjacent to Ed- wards Ferry Road and the Carrvale Subdivision; and WHEREAS, by express terms of the aforesaid deed of ease- ment, the easement was to terminate at, such time as Inter- national Pavilion Company, or its successor, obtains a subdivision approval for the development of the land which lies adjacent to the Carrvale Subdivision; and - WHEREAS, the International Pavilion Company has obtained subdivision approval. for Section 2A, which land lies ad- jacent to' the Carrvale Subdivision: - _ THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Mayor is hereby authorized to execute the Deed of Par- tial Vacation attached with a letter from William B. Hanes, Esq. , dated July 12, 1978; at the time of International Pa- vilion Company' s conveyance of the 15. 0000 acre parcel to the County of Loudoun Board of /Education. ' - Aye: Councilmembers Herrell, Marylou Hill , Tolbert and Mayor .Rollins . Nay: None. . • 78-130 - Resolution - Givingnotice to Blue Ridge Aircraft, Inc. , of an aditional event of default of its lease • with the Town of Leesburg dated June 22, 1966. On motion of Mr. Herrell , seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, the State Corporation Commission, Division of Aero- nautics, has advised the town that Blue Ridge Aircraft, Inc. provided inaccurate aircraft survey data; and WHEREAS, this information is required pursuant to Section 5. 1-2 and 5. 1-3 of the Code of' Virginia; and • 150 MINUTES OF JULY 26, 1978 MEETING: WHEREAS , Blue Ridge Aircraft, Inc. has not responded to this correspondence and has not supplied the information requested by the State Corporation Commission, Division of Aeronautics ; and . - WHEREAS, Blue Ridge Aircraft, Inc. , in addition to ,those events of default described in Council Resolution No. '78-89, has violated and continues to violate its lease with the town ,dated .June .22, 1966 by- ' Failure to supply to 'the town information required by the State Corporation Commission, Division of Aeronautics in accordance with Section 5. 1-2 and 5, 1-3 of the Code of Virginia, which violates paragraphs 3, 6 and 17 ,of the aforesaid lease. THEREFORE; RESOLVED by the Town of Leesburg in Virginia as follows: SECTION I. This resolution is written notice- to Blue Ridge Aircraft, Inc. , in accordance with paragraph 14(g) of its lease with the Town of Leesburg dated June 22, 1966, that the town shall exercise its rights under, said lease to re-enter the premises and declare the lease can- celed .and the tenancy created thereby terminated, unless this event of default is remedied within thirty 'days of its receipt of a copy of ,this resolution. SECTION II. Tlie town manager is authorized and directed to transmit a copy of this resolution by certified mail to Blue Ridge Aircraft, Inc. Mr. Niccolls explained that a Declaratory Judgment .action was filed by Blue Ridgeafter receiving a similar resolution .on other matters of default. This basically seeks clarification of the Town' s au- thority to impose fixed base operator fees on Blue Ridge. They have generally complied with most of the terms of the lease, but they re- fuse. to comply- with the latest regulations on licensing and the pay- ment of these fees. ,Mr. Martin said it is largely ,a question of in- terpretation of the lease Th .this is an indirect increase in their rental . There are a number of clauses in •the lease that fully sup- port the Council position on operators : fees. Mr. Niccolls explained that, if, the town prevails , it is presumed they will comply with the fee ordinance . promptly. The next step .would .be to sue them for ejectment. This is a small sum in relation to. their 'gross receipts and their present rental . Mr. Tolbert asked if the lease provides for upkeep of their property - he said the hangar looks pretty shabby. The Airport Commission has recommended this and Mr. Martin felt it is appropriate. There are only two fixed base operators - . Blue Ridge and Century (the.,newest one), and Century pays these fees. The resolution was unanimously adopted: , Aye: Councilmembei-s Herrell , ,Marylou.,Hill , . Tolbert' and Mayor Rollins. Nay: None. 78-131 - Resolution - Opposing the consolidation of election times. On motion of Mrs. Hill , seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: . .. WHEREAS, House Joint Resolution No. 8 created a commission to study the consolidation of times of general elections in Virginia;.,and . . WHEREAS, its chairman, Delegate Gerald Baliles, has pro- posed to consolidate all local elections beginning Novem- ber, 1986 ; . and • WHEREAS, this Council finds that such consolidation would: 1. Increase dramatically the length of the ballot; , 2. Increase the cost of elections due to increased printing costs and additional voter machines; 151 MINUTES OF JULY 26, 1978 MEETING. 3. Discourage voters from making selections. for offices listed near the end of the ballot; 4.: Encourage straight ticket voting; . 5. Generate partisan politics into non-partisan-local issues ; 6. Increase voter confusion and decrease citizen and media attention to local issues and candidates : THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The consolidation of election times as recom- mended by the Chairman of the Election Times Study Commis- sion is opposed. - SECTION II. The manager is authorized and directed to for- ward this resolution to the Election Times Study Commission. Aye: Councilmembers Herrell ,. Marylou Hill, Tolbert Arid Mayor Rollins. Nay: None. 11 78-132 - Resolution - Endorsingthe use. of Virginia Commission of Outdoor Recreation funds and authorizing for later consideration by Council a preliminary project data report for submittalto the Com- mission: - . - On motion of Mr. Herrell, seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the: Council of the : Town of :Leesburg, Virginia, as follows : . . SECTION I. This Council endorses the use of- Virginia Com- mission of Outdoor Recreation funds to -partially- finance the acquisition of land and/or development of:) facilities for recreation, when such projects are in accordance with the Comprehensive Plan and approved by the Council . • SECTION II. The Manager is authorized and directed to pre- pare alternative recreational facility projects for later consideration by Council for which Virginia Commission of Outdoor Recreation funds will be sought. Mr. Herrell asked if- this -would commit: thertown to anything. Mr. Minor said only if it is accepted. . The resolution was unanimously adopted: Aye: Councilmembers Herrell; Marylou Hill , Tolbert and Mayor Rollins . Nay: None. 78-133 .- Resolution - Authorizing acceptance of maintenance bond for Prospect Hills, Section 9 Subdivision. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed and -unanimously adopted: , WHEREAS, the subdivider/developer for Prospect Hills, Sec- tion 9 Subdivision has completed all public improvements in accordance with town standards and specifications and these have been inspected and approved, and the as-built plans have been submitted and approved: - - RESOLVED by- the Council of the Town of Leesburg, Virginia, as follows : • - _ . SECTION I. The public improvements . in Prospect Hills, Sec- tion 9 Subdivision, are accepted for public use by the town. 152 MINUTES OF JULY 26, 1978. . . __ . - SECTION II. The maintenance bond inthe amount of $3, 150. 00 approved by the town attorney is accepted. Aye: Councilmembers Herrell , Marylou Hill, Tolbert and Mayor Rollins. Nay: None. . 78-134 - Resolution - Accepting public improvements, releasing per- . • formance .ond andauthorizing acceptance of maintenance bond for Lots 1 , 2and 3, Parker Subdivision. On motion of Mr. Herrell , seconded by. Mrs. Hill, the.. following resolution was proposed: WHEREAS, the subdivider/developer for Sections 1 , 2 and 3 of Parker Subdivision has completed public improvements in accordance with town standards and specifications, and these• have been inspected and approved, and as-built plans have been submitted and approved: . RESOLVED by the Council of the Town of . Leesburg, Virginia, as follows : SECTION I. The public improvements for the Loudoun Funeral Home on Lots 1, - 2 and 3 of Parker- Subdivision. are- accepted for public use by the town. SECTION II. The cash performancebond in the amount of $9, 771 for improvements to Lots 1 , - 2 and 3 of Parker Sub- division is released and a maintenance bond in the amount of $500 is approved. . . . ' • Mayor Rollins asked who does the inspecting. Mr. Niccolls said the Director of Engineering is responsible andthe inspectors, Tom Rio and/or Bob Lilly, do this work. Mayor Rollins also inquired as to how soon the town will receive the equipment to test compaction of ditches. Mr.. Niccolls advised that quotes will be, received shortly and this will then come to Council for appropriation since it is over $2, 500, the limit for which the Manager can sign. The resolu- tion was unanimously adopted: Aye: Councilmembers Herrell , Marylou Hill, Tolbert and Mayor Rollins. Nay: None. 78-135 - Resolution - "Accepting. public .improvements, releasing per- formance bond and authorizing acceptance of :maintenance bond for Commonwealth Bank and Trust Company. . On motion of Mrs. Hill , seconded by Mr; Herrell, the following resolution was proposed and unanimously adopted: WHEREAS, the subdivider/developer for Commonwealth Bank and Trust. Company has completedpublic improvements in • accordance with town standards and specifications , and these have been inspected and approved, and as-built plans have been submitted and-approved: •. . .. • RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The public improvements for Commonwealth Bank and Trust Company on East Market Street are accepted for public use by the town. SECTION II. The cash performance bond in the amount of $3,972. 65 is released and a maintenance bond in the amount • of $200 is approved.• - Aye: Councilmembers Herrell , Marylou Hill, Tolbert and Mayor Rollins. Nay: None. 153 MINUTES OF JULY 26, 1978 MEETING: • 78-136 - Resolution - Acceptingsewer extension, releasing performance • bond and- authorizingacceptance of maintenance bond for 15 East First Street sewer extension. On motion of Mr. Herrell , seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the developer for 15 East First Street has com- pleted the sewer extension in accordance with town stand- ards and specifications,• and these have been inspected and approved, and as-built plans have been submitted and ap- proved: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : • • SECTION I. The sewer extension for 15 East First Street is accepted for public use by the. town. • SECTION II. The cash performance bond in the amount of $3, 480 is released and a maintenance bond in the amount of $200 is approved. Aye: Councilmembers Herrell , Marylou Hill, Tolbert and Mayor - Rollins. • .� Nay: None. %_ ;a.. 78-137 - Resolution - Making appointment to the Leesburg Airport Commission. On motion of Mr. Tolbert, seconded by Mrs. Hill , the following resolution was proposed and unanimously adopted: WHEREAS, the Leesburg Airport Commission has endorsed the following appointment : - • THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The following appointment is made to the Leesburg Airport Commission for the term indicated herein: Alex Green, III for a term expiring June 30, • 1982. Aye: Councilmembers Herrell , Marylou Hill , Tolbert and Mayor Rollins: Nay: None. 78-138 - Resolution - Making an appropriation for well drilling and construction. On motion of Mr. Tolbert, seconded by Mr. Herrell , the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : An appropriation in the amount of $18, 685. 41 is hereby made to Account No. 10300. 816 - New Wells; for the fis- cal year ending June 30, 1979. • Mr. Niccolls explained that this amount is for the test drilling, groutinand casing of the Evergreen Mill-wells. In answer to Mayor Rollins question, •the next appropriationwill probably be a request for funds to do the design work of the facility itself, after a de- cision is made as to what type facility is needed. Since we are in a hurry to get these facilities on line, the engineer 'has been asked to describe how they can be "fast tracked" into the system. There is a delay of 180 days for equipm Lt dint fter" supplies, therefore, it may be feasible for the Town 7purcaXe itself the control equip- ment, electronic and chemical feed gear to be installed by the con- tractor later on. This would, therefore, mean an appropriation for engineering (if it has not already been made) ; then ' the `purchase of control and chemical feed equipment ; then the transmission main and 154 MINUTES OF JULY 26, 1978 MEETING. the actual well houses and pumps. •Mayor•Rollins asked if every test is being 'mad'e . to make 'sure that 'these well's are not on the same vein. Mr. N'iccoll's•'said' the 'enginee'rs are:recoininending some additional test- ing to verify yields and this question of them being connected under- ground. When they were first tested, there was no apparent effect on static water level in the wells that weren' t being pumped; •so the in- dication is that they are not directly connected and , there would be no effect. 'The zone of influence may be found' later . on; so they have suggested some additional test pumpimg. - The resolution was unanimously adopted: - Aye: Councilmembers Herrell , Marylou Hill , Tolbert and Mayor Rollins. Nay: None. 78-139 - Resolution - Additional appropriation for reconstruction of Phillips/Nickels Well. On motion of Mr. Tolbert, seconded by. Mr. Herrell, the follow- ing resolution was proposed and unanimously adopted after a brief explanation from Mr. ' Niccolls: ' RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : An appropriation of $15, 000 is made to Account No. 20200. 217 - Repairs to Wells , for the fiscal year ending_ June 30, 1979. Aye: Councilmembers Herrell , Marylou Hill , Tolbert and Mayor Nay: None. 78-140 - Resolution - Making an appropriation• for -the fiscal year ending June 30, 1979. There being no objection to considering this substitute resolu- tion, on motion of Mr. Herrell , seconded by Mr. Tolbert, the follow- ing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : An appropriation in the amount of $26, 000.00 is made to Account No. 10110. 850 (1977 Storm Drainage Projects) in the General Fund; and An appropriation in the amount of $13, 000. 00 is made to Account No. 20600. 803-B (Sewer Line Relocations) in the Utility Fund; and An appropriation in the amount of $13, 000. 00 is made to Account No. 20400. 802-B (Water Line Relocations) in the Utility, Fund. Mrs. Hill felt she should abstain from voting on this resolution, however, Town Attorney Martin ruled that she would not be disqualified from voting, since this appropriation is for the compromise itself. The resolution was unanimously adopted: Aye: Councilmembers Merrell , Marylou Hill, Tolbert and Mayor Rollins. Nay: None. 78-141 - Resolution - Making additional appropriations for fiscal year ending June 30, On motion of Mr. Herrell, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: • RESOLVED by the Council of the. Town of Leesburg, Virginia, as follows : Appropriations are made to the accounts shown below for the fiscal 'year ending June 30, 1978 as follows : 155 MINUTES OF JULY 26, 1978 MEETING. Account No. and Name Appropriation 10110. 237 Traffic Light Maintenance $ 80 10110. 810 Storm Drainage 38, 196 10200. 253 Parts & Misc. 600 10340. 268 Contract Service Refuse Disposal 6, 100 14020. 205 Postage 380 10310. 218 Repairs to Equipment 1 , 300 10300. 120 Utility - Overtime 1 , 600 9010. 120 Police - Overtime 950 Aye: Councilmembers Herrell , Marylou Hill , Tolbert and Mayor Rollins. Nay: None. Mr. Tolbert asked that someone look at the brick sidewalk at Mr. Wallace' s building on Edwards Ferry Road. Mr. Niccolls said ,V Mrs. Mang had called about this last week. He understands that there will be a transitional ramp put in at each end so that pe- ;y destrians can walk safely, and she is happy about that. She is a C little concerned about drainage, but he did not think they would be affected at all. - Mr. Tolbert thought the crown of the road is too high, but Mr. Niccolls explained that, if they totally regrade Edwards Ferry Road in front of the project, the curb would be too low. He was aware that this is a problem. Mrs. Hill asked that a "No Thru Street" sign be erected on Mosby Drive. Mr. Niccolls said this will be done. Mayor Rollins asked that a street light be installed on Valley View Avenue north of Catoctin Circle. Mr. George, who lives there, has offered" his property for installation of 'the pole, if necessary. Mr. Niccolls said the lights have been crdeed but the Power Company is just slow. in installing them. Since wiring is now all under- ground, it has to be planned in advance, but the Power Company does not always get them in before the contractor does his work, so they have to come along and dig it up all over again. He said he would check on this and, if they are not in, we will go through the process of calling for installation. On motion of Mr. Tolbert, seconded by Mr.- Herrell , Council voted unanimously to adjourn the meeting at 9 : 15 P.M. Mayor • (erk o to Council