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HomeMy Public PortalAbout1978_08_09 /- i5 15 MINUTES OF REGULAR MEETING OF LEESBURG- TOWN COUNCIL, AUGUST 9 , 1978 A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street , Leesburg ,' Virginia on August 9 , 1978 . The meeting was . called to order. by the .Mayor at 7 : 32 p .m. with the invocation being given by Mr . Hill , and followed with the Salute to the Flag . Present were : Mayor Kenneth B . Rollins , Councilmembers Glen P . Cole, Stanley D. Herrell , Jr . , G. Dewey Hill , Marylou Hill and John W. Tolbert, Jr . ; " , also Town Manager John Niccolls , Town Attorney George M. Martin and Finance Director Donald Taylor . The minutes of the regular meeting of July 26 , 1978 , were approved as written. Mayor Rollins recognized Mr . Charles Williams who. came- forward to address the Council . Mr. Williams identified himself as Chairman of the Loudoun County Taxpayer ' s Association. He stated his purpose in addressing the Council was to advise them that in the future the Taxpayer .' s , Association will be monitoring the meetings of the Council . Mr . Williams asked the Council to, review, the increased revenue resulting from the in- creased assessments and to give consideration to the possibility of reducing the tax rate . Mr . Williams also asked Council ' s consideration for some relief for the senior citizens of the Town. Mr . Niccolls gave his report to -Council briefly 'recapping . " the June 30 , 197& financial report : :He noted to' Council- that, the , Foodmaker ,Lot option has. been received along with. the purchase agreements, from Consolidated Dairy for the two well sites : -. ' He informed Council that on Friday the:. cost estimates on the Potomac " River Water Supply project from Betz-Converse-Murdoch will"" be available. Mr. Niccolls " advised any interested Council members that on Monday, August 15-, at-" 9 : 00 a.m. there will: be .a demon- stration of a nuclear density instrument . Mayor Rollins gave his report to Council : He distributed an outline of the Finance and Administration, '.arid' Utilityr.and`=Public Works Committees outlining the various topics for consideration by the individual committees. Mr. Herrell has been:elected as Chairman of .the Finance. and Administration Committee" and he asked that the Utility and Public Works Committee name a 'Chairman at their next meeting .,. Mayor Rollins : informed -Mr . Williams that Council would wait till_. the_ assessment adjustments were made by the Commissioner of Revenue ' s Office before taking any action toward a tax rate reduction. , , Mayor Rollins made the following appointments" to: the . Board of Architectural Review: . Charles Bos Emory Plaster Phillip Brownrigg . James Wilhoit , III On motion of Mrs . Hill , seconded by Mr .. ,Cole , the Council voted unanimously to give advice and consent to the Mayor ' s appointments to the Board of Architectural Review as shown above . Mayor Rollins then called upon the individual Council members for their comments . Councilman Cole mentioned a- problem of a short street that used to be named Evergreen Mill Road located off Route 15 South not having a name . He stated that it poses a problem for people trying to locate the Antique Center and asked Council ' s consideration for naming of this street . This matter was referred to the Finance and Administration Committee . Councilman Tolbert reported on the Airport Commission Activity from the meeting held Thursday, August 3 , 1978 , as follows : 1 . Denied application for an FBO license from W & J Aviation 2 . Requested the Town Manager to advise Blue Ridge Air- craft Inc . to evict several Blue Ridge subtenants who are conducting unauthorized commercial activity 157 MINUTES OF AUGUST 9 , 1978 3 . Extended by 90 days , Century Aviation' s deadline for completing the 10 aircraft T-hangar ; located on the south end of their lease. Mayor Rollins addressed Council regarding the rezoning matter before the County for the Kincaid property. He informed Council that he had met with the applicants during the past week and that he felt their proposal would have a major impact on Leesburg, and that the applicants are anxious for comments from the Council regarding this proposed rezoning . Mayor Rollins said that if there were no objections this matter would be put on the agenda for the September 13 Council meeting for a presentation by the applicants . There being no objections , Mr . Niccolls was asked to have Mr. Trocino notify the applicants that they will be on the agenda for September 13 , 1978 . 78-0-25 - Ordinance - Amending Section 17-56 of the Town Code . On motion of Mr . Hill , seconded by Mrs . Hill the following ordinance was proposed : ORDAINED by the Council of the Town of Leesburg , Virginia, as follows : k.r- SECTION I . Section 17-56 of the Town Code is hereby amended to read as follows : C.) Sec . 17-56 . Same - Coin operated amusement machines . C Any operator , as defined in Section 58-266 . 1A(11) of the Code of Virginia, selling , leasing , renting or otherwise furnishing or providing a coin-operated machine or device for amusement shall pay an annual license tax of $200 plus 0 . 1 percent on the gross receipts actually received from such coin-operated machine or device . 111SECTION II . This ordinance shall be in effect upon its passage. This ordinance was adopted unanimously. Aye : Councilmembers Cole, Herrell , D. Hill , M. Hill , Tolbert and Mayor Rollins . Nay: None . 78-0-26 - Ordinance - Repealing Sections 2-22 , 2-24 , 2-26 , 2-27 , 2-28 , 2-29 , 2-30 and 2-31 of the Town Code . On motion of Mayor Rollins , seconded by Mr . Tolbert the following ordinance was proposed. ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . Sections 2-22 , 2-24 , 2-26 , 2-27 , 2-28 , 2-29 , 2-30 and 2-31 of the Town Code are hereby repealed . SECTION II . This ordinance shall be in effect upon its passage. This ordinance was adopted unanimously . Aye : Councilmembers Cole, Herrell , D . Hill , M. Hill , Tolbert and Mayor Rollins . Nay: None . 78-142 - Resolution - Setting public hearing for amendment to Zoning Ordinance. On motion of Mr . Herrell , seconded by Mr . Tolbert , the following resolution was proposed : 158 MINUTES OF AUGUST 9 , 1978 . WHEREAS , the Leesburg 'Planning Commission, at a special meeting held on July 20 , 1978 , recommended . a certain pro- posed amendment to Section . 8-1 of the Leesburg Zoning Ordinance, and WHEREAS , the Leesburg Planning Commission initiated the " proposed amendment and processed it according to the re- quirements of the Code of Virginia , and WHEREAS , the Code of Virginia requires that a public hearing be advertised and held prior to the enactment of an amendment to the Leesburg Zoning Ordinance; NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Leesburg in Virginia as follows : That the following advertisement be published in the Loudoun Times-Mirror on August 17 , 1978 , and August 24, 1978 : PUBLIC NOTICE Notice is hereby given that a Public Hearing will be held by the Leesburg Town Council on September 13 , 1978 , at 7 : 30 p .m. in the Council Chambers , 10 West Loudoun Street , Leesburg, Virginia, to consider a proposed amendment to Section 8-1 of the Leesburg Zoning Ordinance by deleting the words "3 stories or 40 feet" under the height 'maximum in the MC Medical-Hospital Center District and inserting in place thereof the words "Same as R-1 . " At this hearing all interested persons desiring to express their views pertinent to the proposed amendment will be heard. By: Kenneth B . Rollins Mayor , Town of Leesburg This resolution was adopted unanimously . Aye : Councilmembers Cole , Herrell , D. Hill , M. Hill , Tolbert and Mayor Rollins . Nay: None . 78-143 - Resolution - Initiating a proposed amendment to Section 3-3 of the Leesburg Zoning Ordinance . 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 . An amendment of Section 3-3 of the Leesburg Zoning Ordinance is hereby initiated to revise the regulations pertaining to home occupations . The text of the proposed amendment is attached. SECTION II . The proposed amendment is referred to the Planning Commission for a report and recommendation. SECTION III . A joint Council-Planning Commission public hearing shall be held beginning at 7 : 30 p .m: an September 13 , 1978 , and. advertised as required_ by law. The Clerk shall advise the Planning Commission of the time and date for the public hearing . This resolution was adopted unanimously. Aye: Councilmembers Cole, Herrell , D . Hill , M. Hill , Tolbert and Mayor Rollins . Nay : None . MINUTES OF AUGUST 9 , 1978 . 78-144 - Resolution - Authorizing an agreement with Gorman Con- struction',. Inc. for Project V 1976 Water- works Improvements . On motion of Mr . Cole , seconded by Mr . Herrell , the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The Manager is authorized and directed to enter into a unit price agreement with Corman Construction, Inc . , Post Office Box 10172 , Woodbridge Station, Washington, D. C . 20018 for Project V 1976 Waterworks Improvements (Dis- tribution System Reinforcing) in accordance with contract documents , plans and specifications prepared June, 1978 , by Bengtson-DeBell & Elkin, Inc . and the unit price bid sub- mitted June 26 , 1978 , by Corman Construction, Inc . , at a contract price of $614, 170 . 80 . SECTION II . An appropriation in the amount of $645 , 000 . 00 is made to Account No . 20500 . 805 , Restricted Utility Fund Capital Projects--Water , 1976 Waterworks Improvements for the fiscal year ending June 30 , 1979 . • Et 'v' SECTION III . This resolution shall be effective after approval of the contract by the U . S . Department of Housing and Urban Development . Discussion on this motion revealed some concern about the terrain that some of these lines will cross . There was a question as to how the sizing and routes were determined . Mr . Niccolls informed Council that field testing around the system was done of hydrant pressures and flows and the routes had been walked and that the Hardy-Cross method of testing was used to determine which direction the water flows in the mains and how fast, revealing where the system is weak. This resolution was then adopted unanimously. Ill Aye : Councilmembers Cole, Herrell , D. Hill , M. Hill , Tolbert and Mayor Rollins . Nay: None . 78-145 - Resolution - Initiating a Town of Leesburg Awards Program. On motion of Mrs . Hill , seconded by Mr . Tolbert the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia , as follows : SECTION I . That the Leesburg Board of Architectural Review be requested to prepare an annual awards program for the purpose of recognizing noteworthy preservation and/or conservation projects within the Town of Leesburg. SECTION II . That this program be forwarded to the Council for approval . This motion was adopted unanimously. Aye : Councilmembers Cole, Herrell , D . Hill , M. Hill , Tolbert. and Mayor Rollins . Nay : None Mayor Rollins asked Mrs . Reynolds what the plans werefor the log cabin. She stated that-it would be open for August Court days and that from time to time it is open for special occasions , but that it is not supplied with water or heat . Mr . Niccolls advised that there is $20, 000 in the budget for necessary work to complete the project with mechanical and electrical facilities . Mr . Forbes has been asked iso MINUTES OF AUGUST 9 , 1978 . to prepare a work program for necessary architectural services to get the plans ready . There hate been. informal discussions to have a tenant paying rent or some other kind of agreement to have an 18th century demonstrating craft in the cabin. The necessary construction would include heat , light and toilet facilities that would be attached to the rear in a little shed type structure. 78-146 - Resolution - Revoking an offer and authorizing a new offer for an easement required for construction of storm drainage improvements and authorizing the town attorney to institute condemnation proceedings in the event the offer . is refused. On motion of Mr . Herrell , seconded by Mr . Cole the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg, Virginia as follows : SECTION I . Resolution No . 78-53 adopted on March 22 , 1978 , offering to Joseph A. Francis , et ux , the sum of $3 , 000 cash for a storm drainage easement is hereby rescinded. SECTION II . Joseph A. Francis , et ux, are hereby offered the sum of $2 , 800 cash for the storm drainage easement described on the plat hereafter referred to on condition that the title to the lands affected are free and clear of all defects , liens or conditions which could inhibit the use of the area for the purposes intended ; the ease- ment will be conveyed according to the August , 1976 , plat and description prepared by Bengtson-DeBell &Elkin, Inc . , Consulting Engineers , as revised October, 1977 , and March 3 , 1978 , by a good and proper deed with the usual warranties of title; the closing of the transaction shall be within thirty days after written acceptance of this offer and the Francis ' shall pay the grantor tax. SECTION III . In_ the event this offer is not accepted in writing within ten days from receipt , the Council hereby declares that an essential public necessity exists for the acquisition of the easement by condemnation and right of early entry and does hereby authorize the town attorney to file the requisite petition for condemnation and early entry on behalf of the Town of Leesburg and the costs therefor are appropriated from the storm drainage construction fund. This resolution was then adopted unanimously. Aye: Councilmembers Cole , Herrell , D. Hill , M. Hill , Tolbert and Mayor Rollins Nay : None. 78-147 - Resolution - Accepting deed of easement from T . J . • Offutt , Jr . , Trustee , for storm drainage easement . On motion of Mr . Tolbert , seconded by Mrs . Hill , the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg , Virginia, I as follows : The Deed of Easement made the 24th day of July, 1978 , by and between T . J . Offutt , Jr . , Trustee, and the Town of Leesburg , for the construction, reconstruction, maintenance , replacement or repair , use and inspection of a storm drain or storm sewer , including necessary appurten- ances , of such character and sufficient size within the limit of said easement as to provide a proper and adequate outlet over, across , through and under the land of the Grantor for a storm drainage system established by the Town, is hereby accepted and the Mayor is hereby authorized to acknowledge the same on behalf of the Town. Jye Fy I 5 MINUTES OF AUGUST 9 , 1978 . • This resolution was adopted unanimously . Aye : Councilmembers Cole , Herrell , D. Hill , M. Hill , Tolbert and Mayor Rollins Nay : None . 78-148 - Resolution - Accepting public improvements , releasing performance bond and authorizing acceptance of a maintenance bond for sewer extension on Dry Mill Road. On motion of Mr . Cole , seconded by Mr . Tolbert the following resolution was proposed : WHEREAS , the subdivider/developer for 208 and 210 Dry Mill Road has completed the sanitary sewer extension 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 : tit SECTION I . The sanitary sewer extension for 208 and c' 210 Dry Mill Road is accepted for public use -by the town. :z. SECTION II . The cash performance bond in the amount of $7 , 315 is released and a maintenance bond in the amount of $400 is approved. This resolution was adopted .unanimously. Aye : Councilmembers Cole, Herrell , D. Hill , M. Hill , Tolbert and Mayor Rollins Nay : None . 78-149 - Resolution - Authorizing participation in the formation and operation: of a Federation of Northern Virginia Water Suppliers and Distributors . On motion of Mr . Cole , seconded by Mrs . Hill the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The town agrees to participate in the formation and operation of a Federation of Northern Virginia Water Suppliers and Distributors for the purpose of improving water supply efficiency and reliability in Northern ' Virginia. The town joins with other federation partici- pants in requesting the Northern Virginia Planning District Commission to serve as secretariat for the organization and to provide technical and administrative staff support for the execution of the federation' s work program. Leesburg further agrees to contribute $176 . 00 as its share of the federation' s budget for required NVPDC staff support during fiscal year 1979 . Mr . Niccolls was asked .what the benefits would be to this participa- tion. He answered that it would provide a coordinated effort between suppliers for potential sales or purchases of water . Aye : . -Councilmembers Cole, Herrell , D. Hill , M. Hill and Tolbert Nay: Mayor Rollins MINUTES OF AUGUST 9 , 1978 78-150 - Resolution - Making. an_additional appropriationfor con- struction of improvements and inspection at Leesburg Municipal Airport . • On motion of Mr . Herrell , seconded by Mr . Cole, the following resolution was proposed : WHEREAS , the Leesburg Airport Commission has endorsed the need for reconstruction of a portion of the old parking apron and sealing of both parking aprons at the Leesburg Airport; and WHEREAS , these additional repairs are necessary for the Federal Aviation Administration ' s final approval of the work and authorization of the final grant payments to the town for this project : THEREFORE , RESOLVED by the Council of the Town of Leesburg, Virginia , as follows : SECTION I . The manager is authorized and directed to ex- ecute Change Order No . 4 for ADAP Project 5-51-0021-01 for seal coat of parking aprons at the Leesburg Municipal Airport in the amount of $10 , 800 . SECTION II . The manager is authorized and directed to ex- ecute Change Order No . 5 for ADAP Project 5-51-0021-01 for additional pavement removal and replacement required because of poor subbase materials under certain portions of the old parking apron in the amount of $12 , 514 . 25 . SECTION III . The manager is authorized and directed to amend a contract with Airways Engineering Corporation of Virginia for inspection of improvements to Leesburg Municipal Airport to include the inspection of change order work for ADAP Project No . 5-51-0027-01 in the amount of $4, 000 . SECTION IV. If required, a loan of unencumbered utility fund balances in the amount of $27 , 314. 25 is hereby authorized to the Airport Fund to be paid from future revenues of the Airport Fund with interest at 6 percent per annum compounded annually. SECTION V. An appropriation in the amount of $27 , 314. 25 is made to Account No . 30000. 825 - Airport Improvements . Councilman Herrell asked verification from Mr . Niccolls that this money did not involve any tax supported money. Mr . Niccolls stated that this money was strictly user supported and that no tax revenue was involved . During discussion of monies , there was a discussion regarding the utility and general funds being combined in one bank account . Mayor Rollins asked that the Finance and Administration Committee investigate the advisability of operating one combined cash account vs . separate accounts for general and utility funds , stating that he did not think the funds should be commingled. This resolution was then unanimously adopted. .Aye : Councilmembers Cole, Herrell , D. Hill , M. Hill , Tolbert and Mayor Rollins . Nay : None . 78-151 - Resolution - Authorizing an agreement of General Release. On motion of Mr . Herrell , seconded by Mr . Tolbert , the following resolution was proposed : MINUTES OF AUGUST 9 , 1978 . WHEREAS , there is presently pending a.r_certain controversy before the American Arbitration .Association in Washington, D. C . , between Hercules Construction Corporation and the Town of Leesburg, entitled Arbitration No . 16 10 0121 77 , involving a 'contruction contract for Phase III of Leesburg ' s storm drainage improvements , December' 1976 ; and WHEREAS , said arbitration included a claim for work per- formed and performance of extra work in the amount of $48 , 475 as more particularly set forth in a' demand for arbitration dated October 14, 1977 and a further claim for Hercules for delay, damages and added costs incurred be- cause of extended performance , as more particularly set forth in a further demand for arbitration dated December 6 , 1977 ; and WHEREAS , Hercules and Leesburg consider it to be in their mutual best interests to settle ; release and discharge the claims made by Hercules against Leesburg in lieu of formal arbitration: THEREFORE , RESOLVED by the Council of the Town of Leesburg in _Virginia, as follows : The Mayor is authorized and directed to execute on behalf of the Town an agreement of general release between Hercules Construction Corporation and the Town of Leesburg in a form prepared and approved by special counsel for the CZ Town. Discussion on this resolution had Mr . Niccolls giving a brief history on how this settlement came about . Mr . Hill asked that in the future- the Council be kept informed on these matters as soon as possible . Aye : Councilmembers Cole , Herrell , M. Hill , Tolbert and • Mayor Roll ins . Abstention: Councilmember D. Hill On motion of Mr . Tolbert, seconded by Mr . Herrell , - Council voted unanimously to adjourn and go' into executive session at 9 : 25 p .m. • Mayor • Clerk of2the Council ro Tem