HomeMy Public PortalAbout1978_09_27 C t4 C
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186 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 27, 1978.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg, Virginia, on
September 27, 1978 at 7 : 30 P.M. The meeting was called to order
by Mayor Pro-Tem G. Dewey Hill, Jr. The invocation was given by
Mr. Tolbert, and followed with the Salute to the Flag. Present were:
Mayor Pro-Tem G. Dewey Hill , Jr. , Councilmembers Marylou Hill,
Walter F. Murray and John W. Tolbert, Jr. ; also Town Manager John
Niccolls, Assistant Manager Jeffrey H. Minor, Director of Finance
Donald 0. Taylor and Town Attorney George M. Martin. Absent from
the meeting were: Mayor Kenneth B. Rollins, Councilmembers Glen P.
Cole and Stanley D. Herrell , Jr.
The minutes of the regular meeting of September 13, 1978 were
approved as written.
Petitioners :
Mr. J. B. Anderson Chief of the Leesburg Volunteer Fire Com-
pany, asked that Council consider repainting the fire hydrants in
the Old and Historic District so that they may be more easily lo-
cated. He said the brown color does not show up at night and asked
that the hydrants be painted red and white, with the cap being a
reflective scotchlite paint. The present reflective tape does not
show up at night. He emphasized the strong points for this reflec-
tive top. He understood that the Public Works Committee has already
discussed this matter and recommends against the repainting of the
hydrants. Mr. Hill said the Committee felt the burden of locating
these hydrants should be on the Fire Department members . Mr. Murray
said the Committee might discuss this matter again - perhaps a lumi-
nous paint can be found.
Mr. Anderson also said there will be letters forthcoming from
the Fi-re Department and the Rescue Squad, in conjunction with the
Fire Marshal, asking the Town to investigate and try to implement
a 100-block numbering system, along with a Code amendment specify-
ing a size number to be used on all buildings. Both of these items
would greatly increase protection for everybody in the town. Mr.
Hill felt that a change in house numbers would be upsetting to
everyone concerned for many reasons. Mr. Anderson said such a
program would take two to three years and, as the Town grows,
there must be preparation for it. Mr. Murray saw no real problem
with doing this over a period of time, but he was not sure the
Town is large enough for this yet. It was decided that the Public
Works Committee will consider these items at its meeting on Octo-
ber 16th.
Mr. Charles Williams, Chairman of the Loudoun County Taxpayers
Association, said he supports the proposed revised tax rate as de-
veloped by the Finance Committee. Concerning the Foodmaker parking
lot, to hope that the investment will prove self-liquidating is at
best a calculated guess. Since this lot is in an awkward location
from the downtown shopping area, this lot will certainly produce,
less money from metered spaces that the present lot, which averages
just a little over $150 a year per space. It would be simpler, and
less expensive, to finance this project through short-term tax an-
ticipation loans through the local banks. With regard to the
$5, 000, 000 water bond issue, he said that by 1985 metered water
sales will amount to about 300, 000,000 gallons per year. The
operation of an expensive pumping station on the Potomac will not
increase water sales, but it may increase the cost of such sales
by $600, 000 to $900,000 annually, including the operating costs
and debt service. This would result in an increase of $2. 00 to
$3.00 per thousand gallons in the water rate, possibly doubling
the already high consumers ' utility bills. He felt the proposed
project should be postponed until an in-depth cost benefit analysis
is conducted by a professional analyst.
Mr. Murray said he has some apprehension as to whether the park-
ing lot will meet the debt service, but he feels that the property
will certainly appreciate in value and, if it does not prove feasible
and financially possible to operate it as a parking facility, it can
be disposed of at a profit.
MINUTES OF SEPTEMBER 27 , 1978 MEETING. 'two s
187
Mr. Hill suggested that Mr. Williams call the Town Office in
the future when he wishes to address the Council and indicate the
matter on which he wishes to speak. He would then be put on the
Agenda as a petitioner and Council members would be in a better
position to discuss these matters with him.
Manager' s Report :
(1 ) The Phillips/Nickels Well drilling continued to about
500 feet, but we did not really achieve any gain worth pursuing
beyond that level. Wells deeper than that are rare in this area.
It is felt that the maximum amount that can be gained is what was
found basically at the shallower level that was reached through
cable tool drilling in July. This is a disappointment - it means
that we have not been able to--develop a high yield well out of this
facility, and that its production can beexpected to be in the range
of 100, 000 to 150, 000 maximum. It may possible to team up the
old facility with a new small pump and perhaps increase that, but
that will have to be studied in the next several months.
(2) Fluoridation of Leesburg' s water supply will begin October
10th - that is still on schedule.
(3) We are in the process of replacing probably 15 remaining
?', old-style hydrants. These are the unpainted ones you see. Those
that were in good and operating condition have already been painted.
with what we thought was reflectorized tops. This will be investi-
gated. .
(4) Conversion of the utility billing system to the school com-
puter is on schedule. All meter books have been read and most have '
been key-punched: Trial bills will be run Monday, with mailing to
occur on Thursday, October 5th. The Finance Department -and all in-
volved -have done-a fine job in this conversion and it is antici-
pated that .therer will be a smooth• transition to a much better
system. • • _ ,
II (5) Resurfacing work is scheduled to begin in about two weeks.
Manhole rings, etc. have been ordered to raise- the manholes to grade.
Mayor' s Report :
Mn Hill said he•ds on the executive committee of NVPDC and at-
tended his first meeting last:,week.0 with.,the regular meeting scheduled
for this week. He reported that .one or two members• have decided to
cut their dues at their own volition and no-one knows what criteria
they used. ..He moved that, .:if Prince William didn' t pay their dues,
they should be "kicked out, " and it was adopted. ..
78-0-29 - Ordinance - Amending Section 17-1 of the Town Code to
. •:•revise the. rate :of tax on all real .estate.
On motion of Mr. Murray, seconded by Mr. Tolbert, the following
ordinance was proposed: .
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows : . •
SECTION I. • Section 1'7-1 'of' the Town Code is amended to read
as follows :
. 11 Sec. 17-1. Annual levy and rate of taxes.
Taxes shall be levied and collected in the manner de-
scribed by the provisions of this Code and other ordinances
of the municipality and laws of the state, for each fiscal
year beginning July first, 'and ending June thirtieth, until
otherwi'se changed, for the support of the municipal govern-
ment, the payment of interest on the municipal debt and for
other municipal purposes, as follows :'
•' (T)'" The' tax on all taxable •real " seate • shal'1 i3 at the
rate of Twenty-one Cents on every One 'Hundred Dollars of the
assessed value thereof. •
•
188 MINUTES OF SEPTEMBER 27 , 1978 MEETING.
(2) All tangible personal property, excepting there-
from the classes of household goods and personal effects
classified in Section 58-829. 1 of the Code of Virginia, and
including the tangible personal property separately classi-
fied by Sections 58-829. 2 and 58-829. 3 of the Code of Vir-
ginia, shall be taxed at the rate of One Dollar on every
One Hundred Dollars of the assessed value thereof.
(3) All tangible personal property of all railroad,
express, telegraph, telephone, power and other public ser-
•
vice corporations shall be taxed at the rate of One Dollar on
every One Hundred Dollars of the assessed value thereof, and
taxable real estate of such public service corporation shall
be taxed at the rate of One Dollar on every One Hundred Dol-
lars of the assessed value thereof.
(4) The tax on all bank stock subject to taxation with-
in the 'municipality shall be at the rate of Eighty Cents on
each.One Hundred Dollars of the taxable value of the share
of the stock in any bank located in the municipality, sub-
ject to the provisions of Section 58-476. 2 of the Code of
Virginia. •
SECTION II. This ordinance shall be in full force and ef-
fect from and after its passage.
Mr. Murray was under the impression that 21 cents was about as low
as they could make it. He asked if the Budget can operate on a
21 cent rate. Mr. Niccolls said 22 cents is the level most commen- •
surate with the budgetary obligations. Expenditures in the General
Fund are shown in the Budget as $1, 558, 000, while the anticipated
revenue is $1 , 517 .000. This is a planned reduction of about
$40, 000. 00. Mr. Murray, therefore, moved ' that the rate in the
first paragraph be amended to read "Twenty-two Cents" - this
would be of greater benefit to the taxpayers than if we have to
borrow money to meet the budgetary requirements. If there. should
be an excess at the end of the fiscal year, it will not be spent
arbitrarily. This motion was seconded by Mr. Tolbert. Mr. Martin
said there should be four (4) affirmative votes. The vote to call
for the question was unanimous. The amendment of Item (1) was
unanimously adopted and reads as follows :
(1) The tax on all taxable real estate shall be at the rate
of Twenty-two Cents on every One Hundred Dollars of the
assessed value thereof.
Aye: Councilmembers M. Hill , Murray, Tolbert and Mayor Pro-
tem D. Hill.
Nay: None.
The ordinance, as amended, was then unanimously adopted:
Aye: Councilmembers M. Hill, Murray, Tolbert and Mayor Pro-
tem D. Hill
Nay: None.
78-0-30 - Ordinance - Amending Section 8-1 - Table of Requirements- of
the Leesburg Zoning Ordinance.
On motion of Mrs. Hill , seconded by Mr. Tolbert, the following
ordinance was proposed and unanimously adopted:
•
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows :
That Section 8-4 Table of Requirements, of the Leesburg
Zoning Ordinance be'amended by deleting the words "3
stories or 40 ft." under the height maximum in the MC
Medical-Hospital Center District and inserting in place
thereof the words "Same as R-1. "
Aye: Councilmembers M. Hill, Murray, Tolbert and Mayor Pro-
Tem D. Hill.
Nay: None.
MINUTES OF SEPTEMBER 27 , 1998 MEETING.
78-0-31 - Ordinance - Amending Sections 1-13 and 1-1-1 of the Town
Code regarding misdemeanor 'penalties;
On motion of Mr. Tolbert, seconded by Mrs. Hill, the following
ordinance was proposed and unanimously adopted:
BE •IT ORDAINED by the Council of the Town of Leesburg, -
• Virginia, as follows : •
SECTION I. Section 1-13 of the Town Code is hereby,'amended
to read as follows:
Sec. 1-13. General penalty; continuing. violations.,
Wherever •in this Code, or in •any ordinance -or resolu-
tion of the municipality, or rule or regulation' or order
promulgated by any officer- or agency of the municipality
'under -Authority duly vested in- him or- it, any act -is pro-
hibited or is declared to be unlawful or an -offense or a
misdemeanor, or the doing of any act is required or the
•failure to do any act is declared to be unlawful or an
• offense' or a misdemeanor, -andno specific- Penalty- is pro-
•vided' for the violation thereof, the violation of any
u 'resolution, rule, regulation or order- shall be punished
as if guilty of a Class 1 misdemeanor, as defined in
Tt
N Section 18. 2-11 of the Code of Virginia (1950) ; pro-
:, vided, however, that such penalty shall not exceed the
penalty prescribed by the Code of Virginia for a like
offense. Each day any violation of this Code, •or' any
such ordinance, resolution, rule, regulation, or other,
continues' shall constitute a separate offense.
SECTION II. Section 11-1 of the Town Code is hereby
amended to read as follows :
Sec. 11-1. Attempts to commit misdemeanor.
Every person who, within the jurisdiction of the
municipality, attempts to commit an offense which is
• a• misdemeanor `shall` be 'punishable' by the same punish-
ment prescribed for the offense, the commission of which
was the+ object of the attempt;
SECTION III. - This' ordinance shall be effective upon its
passage.
Aye.: ' . Councilnembers M, Hill', Murray, Tolbert and Mayor Pro-
' Tem -D. -Hill . -
Nay:
Hill .Nay: None. "
.
•78=0=32 '- Ordinance -- 'Authorizing the issuance of '$150, 000 p5ublic
parkin 'facility• bonds 'of-the Town of Lees-
burg, Virginia.
' On motion of -Mr. Tolbert, seconded by Mr.• Murray; the- follow-
inr ordinance• was- proposed; •this being the-second reading:
ORDAINED- by the Council of the Town-of Leesburg, 'Virginia,
as follows :
SECTION I. It is -hereby determined to be necessary and
expedient for-the-Town of Leesburg to-increase -the amount
of off-street public parking in downtown- Leesburg to pro-
' mote the continued- development -and public welfare of the
• Town of Leesburg through the improved circulation of traf-
fic and additional parking for' tourists; -employees," mer-
chants , and shoppers; and to borrow money foi such` purpose
• "and to issue the Town's general'obligation"bonds_ therefor." '
SECTION II. Pursuant to- the authority of. the Town Charter
and 'the' Public Finande -Act, as. amended, there-are hereby
authorized to be issued bonds of the Town of Leesburg in
the'makimum-amount of One Hundred Fifty--Thousand' Dollars
19 0, •
MINUTES OF SEPTEMBER 27 , 1978 MEETING. .
($150, 000;00) to provide funds to purchase the real estate
presently owned by Foodmaker, Inc. , situate in the Town of
Leesburg, Virginia, as shown on Loudoun County tax map 48A,
Block 29 , Lot 3, and to develop said real estate into a sur-
face parking facility for public use.
SECTION III. The bonds shall bear such date or dates, ma-
ture at such time or times not exceeding 40 years froth 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, includ-
ing a separate sale or a sale in combination with Five Million
Dollar ($5, 000, 000. 00) 'Water` Bonds of* the .Town of Leesburg
. heretofore authorized, as the Council shall he)zafter provide
by appropriate resolution or resolutions;. provided, .however,
that such bonds shall be sold attsuch time or times. .as may be
required, by law. for the payment of the* bond. anticipation
notes hereinafter authorized.
SECTION IV. The Council is hereby authorized to borrow up
to* One Hundred Fifty Thousand Dollars ($150, 000..00) through
the issuance of notes in anticipation of* the issuance .and
sale of such bonds and for the purpose for which such- bonds
have been authorized.
SECTION V. After the Council has determined howithe notes
will besold and has awarded such notes, the appropriate
officers of the Town are hereby authorized and directed to
execute appropriate negotiable notes in the aggregate amount
of the notes awarded, such notes to be in such denominations
and to bear interest, payable a€ maturity, at such rate or
rates as specified by such purchasers.
SECTION VI. The bonds and the notes shall be general obli-
gations of the Town of Leesburg for the payment of principal
of and interest on which its full faith and credit shall be
irrevocably pledged.
SECTION VII. This ordinance ,shall take 'effect immediately.
Mr. Hill said that, inasmuch as this is being incorporated with the
$5, 000, 000 bond issue, he would hope that this $150, 000 would not
continue for forty years. Mr. Lawrence B. Wales, Municipal Advisors,
Inc. , said they have examined data prepared by the Town concerning
income to be generated and feel this bond issue can be' structured
so that within 10 years the bonds might be retired. They .are a
separate and' distinct issue and will not affect the sale of the
water bonds in any way. This is simply a simultaneous sale and
will save the Town $10, 000 to $15, 000 in miscellaneous bond fees.
Tentatively,- it is proposed that this issue be structured in three
lots of. $50, 000 each $50, 000• maturing-.in -5 years; $50,000 in 10
years and $50; 000 in 15 years, with- the option to call all the
bonds at the end of the ninth year If Council so desires. Mr. Hill
asked if it would have been more advantageous for thebanks to carry
these notes for five to ten years. Mr. Wales said bids will be opened
tonight to sell bond anticipation notes . for a period of one year. He
explained that., with bond anticipation notes, you- have more time to
see how the project materializes. Actually, the bonds will be paid
from revenues generated from the parking lot. These revenues should
be used and not involve the citizens who do not. use the lot in paying
for it in the tax base. If there is a deficiency in the revenue,
then the tax base will have to be used. They feel , though, that the
lot will pay for itself within 15 years and possibly less. Mr.
Hill also asked if Mr. Wales felt any of the Banks would be interested'
in taking these notes for five years.' Mr.l Wales did not know about
this but said these notes could be called in 99 days if at the end of
such time it seemed advantageous to sell tax anticipation notes. Mr.
Niccolls understood that they would not issue any anticipation note
for more than one year. Expenses would be incurred for printing and
publication* and. legal fees. The ordinance was unanimously adopted
by roll call. vote: •
Aye: Councilmembers M. Hill, Murray, Tolbert and Mayor Pro-
Tem D. Hill.
Nay: None.
/ -9-t
MINUTES OF SEPTEMBER 27, 1978 MEETING.
78-171 - -Rasolution - Awarding $150',000 Public- Parking Facility Bond
Anticieation:Notes of the Town of Leesburg,
Virginia. '
Bid's 'were- opened at this time' by Mr. 'Niccolls fo'r $150, 000
public parking facility bona -anticipation notes as follows :
First & Merchants National Bank,• Leesburg - Offer to lend
the entire $150, 000 to the Town of Leesburg with interest at
the rate of 5. 20 per annum payable quarterly - there shall be
one note payable to First & Merchants National Bank. Mr. Wales
commented that this letter says the Bank is purchasing these notes
for their own account and not for le-sale. Since the Bank is a so-
phisticated financial institution, they are being •put on notice that
it is their'responsibility to examine the financial statement and
condition of the town. Otherwise, we would have to go to a full dis-
closure document and prospectus and that is expense we are trying to
save. -
•
First Virginia Bank - First National , Leesburg — Offer to pur-
chase on an all or none basis $150, 000 parking facility- bond antici-
pation note to be dated October 11 ,_ 1978, maturing October 10, 1979
at an interest rate of 4. 97. If this• bid is-successful , they request
�� that three notes in the amount of $50, 000 each be issued in Bearer
E• form. Mr. Wales said it is obvious that this bid• is ' the superior
N bid. The F & M bid has one problem. The letter of invitation re-
quired that interest be paid "at maturity and' they said' interest
would be paid on a quarterly basis. It is not necessary to call
the bond counsel on this though since they are not the low bidder.
He recommended that First Virginia Bank -- First National' s bid be
accepted by the Town of Leesburg. He said this is an excellent
rate.
On motion of Mrs. 'Hill , seconded by Mr. Tolbert, the. following
n was proposed and unanimously ' adopted by' roll call vote:
WHEREAS, the Council of the Town of Leesburg, Virginia, has
heretofore duly - authorized the issuance of Public Parking
Facility Bonds of the Town of Leesburg in,, the maximunC amount
of $150, 000 and further authorized the borrowing of up to
$150, 000 in anticipation of the issuance and sale of such
bonds ' through'the issuance and ' sal'e 'o'f 'negotiable notes ;
and
WHEREAS, there have been received bids from First & Merchants
National Bank, Leesburg, Virginia and First Virginia Bank -
First National , Leesburg, Virginia, - for the purchase of
$150, 000 .notes , copies of which 'are attached to and made a
part of this resolution;
WHEREAS, Mr. Lawrence B. Wales , a representative of Municipal
Advisors, Inc. , the Town' s financial consultant, reported
that the bid of First Virginia Bank - First National , Lees-
burg, Virginia, offered to purchase the notes at •the 'lowest
cost •to the Town, and recommended acceptance of _such bid.
RESOLVED by the Council of the Town of Leesburg, in' Virginia,
as follows :
SECTION I. The $150, 000 Public Parking' Facility Bond Antici-
pation Notes of the Town of Leesburg, Virginia, are hereby
awarded to First Virginia Bank - First National , Leesburg,
Virginia, in accordance with the terms of their bid and
shall bear interest as set out in such Ed.
Aye: Councilmembers M. Hill , Murray, Tolbert and Mayor Pro- .
• Tem D. Hill .
Nay: None.
Mr. Wales said if there is any problem between' now and the October
11th closing, bond counsel will' alert the Town. He suggest'ed that
there might possibly be some change because of the irregularity in
the F & M bid.
192.
MINUTES OF SEPTEMBER 27, 1978 -MEETING.. '
78-172- - .Resolution Authorizing a contract for engineering ser- -
vices related to the design of the Foodmaker
Parking Lot and making an appropriation.
On motion of Mr. Murray, • seconded-by Mr.Tolbert-, the following
resolution- was proposed and unanimously adopted: '
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows-: ' -
SECTION I. The manager i.s authorized and directed to. enter
into an agreement with DeLashmutt Associates, for engineering
services related to the development of the former Foodmaker-
lot into a publ-ic parking facility, at a cost not to exceed
$4, 350 and in line with their proposal dated September 15,
1978. • -
•
SECTION II. An appropriation is made from the Parking Fa
cility Bond Fund, Account No. 40000. 265, Expert Services,
for -the fiscal year ending June 30, 1979 in the amount' of
$4, 350. ,
Aye: Councilmembers ,M.- Hill, Murray, Tolbert and. Mayor Pro-
, Tem D, • Hill .
Nay: None.
78-173 - Resolution- - Establ•ishing-policies' governing utility service
outside the own
On motion of Mr. Tolbert, seconded by Mrs. - Hill-, the following
resolution, was proposed:
WHEREAS, extension of water or sewer service to any property
outside the town has been generally prohibited by Council
policy since February 14, 1973 and specifically prohibited
since January 28, 1976; and
WHEREAS, the extension of water or sewer service- beyond the
corporate limits is within the sole authority-and discretion
of _ the Council :
RESOLVED by the Council of the Town of- Leesburg; Virginia,
as follows :
SECTION I. Areas outside the Town of Leesburg generally
within the -Tuscarora Creek watershed shall be considered
to be within the Leesburg water and sewer service areas,
provided, however, the extension of 'water and-sewer- facili-
ties must be reviewed and approved. in 'advance 'by" the Council
for each development on a case-by=case basis.
SECTION II. All conflicting prior' resolutions are repealed.
Mr. Murray said the committee thought the time was right. Service
had been curtailed: for, reasons now rectified., A case-by-case basis
gives Council rules that are discretionary in accepting the type
of development they prefer to have. The resolution was unanimously
adopted: -
Aye: Councilmembers M. Hill,. -Murray, 'Toibert .and Mayor Pro-
• - - Tem D. Hill. _ • •
Nay: None.
•
78-174 - Resolution - Authorizing design of Evergreen-Mill Road
well facilities.
•
On motion of Mr. Murray, seconded by Mrs Hill, the following
resolution was proposed: •
WHEREAS, the well system study for Evergreen -Mill wells, .
dated August 21 , 1978, by Bengtson,' DeBell & Elkin, Inc. ,
has been received; and •
19 3=
MINUTES OF SEPTEMBER 27 , 19.78 MEETING.
WHEREAS, Council authorized. on September 13, 1978, design
of water transmission main B Alternate for the Evergreen
Mill Road well facilities :
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
• The manager is authorized to direct Bengtson, DeBell &
Elkin, Inc. , to begin design of the Evergreen Mill Road
well facilities in accordance with their proposal dated
June 7, 1978. This design will include development of
well Nos. 2 and 3 at capacities of 350 and 500 gallons
per minute respectively, with provisions for addition of
a booster pump in the future.
Mr. Hill said that, when he first looked at the two-well concept,
he thought' that, by operating each well independently, they could
have produced 1 . 2 million gallons per day, but that would have cost
$100, 000 to $125, 000 more than to develop them as now proposed. Now,
with the provision for the addition of a booster pump in the future,
these wells would still produce the utlimate- of 1. 2 million gallons
per day, and the booster can be added at approximately $20,000. The
resolution was unanimously adopted:
ts Aye: Councilmembers M. Hill, Murray, Tolbert and Mayor Pro-
CV
Tem D. Hill.
Nay: None.
G 78-175 - Resolution —Authorizing an agreement and ap9rovin a
performance bond and- the extension of the
municipal sewage works for Cattail Branch
Sewage Pumping Station.
On motion of Mr. Murray, seconded by Mrs. Hill, the following
resolution was proposed:
WHEREAS, the department of engineering of the Town of Lees-
burg and appropriate state agencies have reviewed and ap-
proved the construction drawings for Cattail Branch sewage
pumping station; and
WHEREAS, •a construction permit-has-been issued by the State '
Health Department for this station; and '
WHEREAS, the construction of this 'sewage pumping station is
necessary for sewer service to Section 1 , ' 2B and 3 of the
Carrvale Subdivision:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. The town manager is authorized and directed to
execute the standard agreement -and the performance bond in
the amount sof $75, 500 subject to review by the town attorney.
SECTION II.. Extension of- the municipal sewer works, includ-
ing the required gravity and force sanitary sewer mains for
connecting the sewage pumping station to the -present system
is approved.
Mr. Niccolls explained that a portion -of Leesburg within the cor-
porate limits lies within the Cattail Branch drainage shed and won' t
flow by gravity into the existing gravity mains. -This facility is
being constructed at the cost of the developer, International Pavilion
Company, to pick up sewage from part of Carrvale Subdivision, ulti-
mately all of it, and force it over the hill into the Leesburg gravity
system. They will build it to our specifications and inspection and
dedicate it to the town and we will be responsible fo'r its maintenance.
The plan has been approved by the State Health Department. This facili-
ty has been in the sewer master plan since its development. Mrs. Hill
had received :a, call from someone who' felt th'e • engineering was improper
and that- there would be raw sewage. coining down the street. Mr. Niccolls
said the plan was developed by Bengtson-DeBell- and was reviewed by Mr.
194 •
-
MINUTES OF SEPTEMBER 27 , 19)8 MEETING. •
Shope and the State Health Department,- It meets all the criteria,
is well designed and is pretty good practical design. It also in-
cludes a holding pond. Mr. Bengtson,.said' it meets ,the Dulles '
policy - it has a complete standby generation facility and has a
24-hour holding pond (a holding basin that raw sewage could flow
into in case of power failure and emergency power failure - this
would have to then be returned back into the system - perhaps this
is what the gentleman talking with Mrs Hill was referring to) . The
Town' s system was originally designed oversized to take care of this
particular area. The resolution was unanimously adopted:
Aye: Councilmembers M. Hill, Murray, Tolbert and Mayor Pro-
Tem D. Hill.
Nay: None. .
78-176 - Resolution - AcceptingDeed of Conveyance and.-Ingress/Egress/
Utility- Easement by International Pavilion Com-
pany for Cattail • Branch .Sewage Pumping Station
and utility lines...
On motion of Mr. . Tolbert, seconded. by Mrs. Hill, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The deed of conveyance and easement for sewage pumping sta-
tion site and required ingress/egress/utility easements made
the 27th day of September, 1978; as shown on a survey pre-
pared by, Horace Jarrett, Certified Land Surveyor, dated
September 12, 1978, by and between International Pavilion
Company and the. Town of Leesburg, is hereby accepted, and
the Mayor is authorized to acknowledge the same on behalf
of the Town. -
Aye: Councilmembers M. Hill, Murray, Tolbert and Mayor Pro-
Tem D. Hill. '
Nay: None.
78-177 - Resolution - Authorizing an agreement and approving a per-
formance bond and extension ofthemunicipal
. water works . for Carrvale, Sections 1 and 2B.
On motion of Mrs. Hill, seconded by Mr. Murray, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of .Leesburg, Virginia,
as follows:
SECTION I. The town manager is authorized and directed to
execute the standard agreement and approval of three per-
formance bonds by Republic Insurance Company in the amounts
of $266, 184, $195, 204, $258, 513, totaling $719, 901 , is
granted subject to review by ;the•,town .attorney.. This in-
strument is to guarantee installation of public improvements
for Sections 1 and 2B of Carrvale Subdivision.
SECTION II. The extension of municipal water and sewerage
works for Carrvale, Sections 1 and 2B, is approved.
Aye: Councilmembers M. Hill,— Murray, TolbertandMayor. Pr-o-
Tem D. Hill .
Nay: None. ,
78-178 - Resolution - Authorizing release of off-site storm drainage
fees to International Pavilion•Company. - •
On motion of Mr. Murray, seconded by Mr. Tolbert, the following
resolution was proposed:
•
WHEREAS,, developers of Leesburg Village, Loudoun House, Loudoun
Hills and Heritage Square paid off-site storm sewer fees to the
town for improvements required in Section I of Carrvale Subdi-
vision in Leesburg on Edwards Ferry Road totaling $35, 137. 40; and
q5
MINUTES OF SEPTEMBER 27 , 1978 MEETING.
WHEREAS, the town has reserved these funds for such work;, and
WHEREAS,. the town made. a payment of $4, 275. 00 in 1974 to the
owners of the Carrvale Subdivision property (Lesluke Corpora-
tion) , and their engineer (Paul E. Bengtson) for design of the
required improvements:
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows : , I,
The manager is authorized and directed to release up to
$30, 862. 40, plus interest actually earned on the respective
off-site charges, to International Pavilion Company for mas-
ter-plan storm drainage facilities installed in ,Section 1 of
Carrvale Subdivision to be paid in installments as completed
on..a proportional basis ,to total costs of, the..trunk storm
sewer through Carrvale Subdivision .
Mr. Hill asked what interest this money has earned? Mr. Niccolls
explained that many of these payments go back quite a few years and
they were handled by the Town s Finance Department. They were not
then set up in separate interest-bearing accounts„ nor were they in-
vested in long-term securities. It was assumed that, these monies
would be paid out rather quickly. Earlier this year the monies were
segregated, in accordance. with the policies now in effect, and they
have been in an interest-bearing bank account but have not earned
much interest. This money was in the working pool of the General
Fund for several years and never 'separately set out. An interest
rate could be assigned and added td the sum. - this would be paid
by the ,town. The issue here is whether the Council wants to assign
an interest rate aid assume it was really out at interest. The
town's policies were different-then. All such payments now are
immediately deposited in a separate account the day after receipt -
there. is., no commingling. Mr. Murray. felt that inasmuch. as it did
not draw interest, this resolution should stand. If those involved
wish to make an issue of it, Council can take it up on an individual
basis. ..The resolution. was. unanimously; adopted:
Aye: Councilmembers M. Hill , Murray, Tolbert and Mayor Pro-
. Tem D. Hill .
Nay: .None. . . . .
78-179 - Resolution - Accepting water and sewer facilities and re-
leasing a performance bond.
On motion of Mrs. Hill , seconded by Mr. Murray, the following
resolution was proposed:
RESOLVED by the Council of the._Town of Leesburg, Virginia,
as follows :
SECTION I. The water mains and sanitary sewer lines in-
stalled as part of the required public improvements for
Section II. of. Leesburg. Country.. Club. Estates. are hereby
' accepted for maintenance by the Town of Leesburg.
SECTION II. The performance bond in the amount of $134, 000
of Tuscarora, Inc. , developer `of Leesburg. Country, Club Sec-
tion II, which is secured by bonds placed in escrow at Peo-
ples National Bank of Leesburg, is hereby released.
Mr. Niccolls explained that. the roads have now been accepted by the
State. Highway Department. The resolution. was unanimously adopted:
Aye: Councilmembers M. Hill , Murray, Tolbert and Mayor Pro-
Tem D. Hill . '
Nay: None.
•
I •
196
MINUTES OF SEPTEMBER 27 , 1978 MEETING.
78-180 - Resolution - Receiving and referring the application of
Lois W Francis for revision of Zoning Dis-
' •
trict Map to the Planning Commission for
Public Hearing and recommendation under Chap-
- ter 11, Title 15.1 of the 1950 Code of Vir-
ginia, as amended.
On motion of Mr. Murray, seconded by Mrs. Hill , the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows : -
SECTION I. The application of Lois W. Francis for Revision
of the zoning district map; assigned No. ZM-22, is received
and referred to the Planning Commission for public hearing
and recommendation under Chapter 11 , Title 15. 1 , of the 1950
Code of Virginia, as amended.
SECTION II. The Planning Commission is further requested to
study and- make recommendations for appropriate -revisions of
the zoning plan for all the land fronting on. East Loudoun
Street between South Harrison and East Market Streets.
Aye: Councilmembers M. Hill, Murray, Tolbert and Mayor. Pro-
tem D. Hill.
Nay:- None. -
78-181 - Resolution -- Granting Village Square Antiques & Flea
Market permission to hold antique shows in
Leesburg on Sunday, June 3 and Sunday, . Oc-
tober 7-, ` 1979.
On motion of Mr. Tolbert, seconded by Mrs. Hill, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
•
SECTION I. Village Square Antiques & Flea.Market is granted
permission to hold antique shows on the streets of Downtown
Leesburg on Sunday, June 3, 1979 and Sunday, October 7 , 1979
in the following locations :
King Street West side from Loudoun Street to Cornwall
Street;
Loudoun Street North side from Wirt Street to Church
Street;
Market Street South side from King Street to Theater;
and
Upper part of parking lot surrounding the Log Cabin.
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 & Flea Market :shall
show proof of liability coverage in the amount of $500,000,
with the '-Toiin '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 ex-
hibitors for the above dates. ' "
Aye: Councilmembers M. Hill , Murray, Tolbert and Mayor Pro-
Tem D. Hill .
Nay: None.
9
MINUTES OF SEPTEMBER 27 , 19.78 MEETING,. '
78-182; - Resolution ---.Authorizing purchase of a nuclear density •
. ' . instrument and making an appropriation.
On motion of Mr. Murray, seconded by Mr. Tolbert,, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. The town manager' is authorized and directed to
enter into a contract .for the purchase of a nuclear density
instrument, Model 3411, as manufactured by Troxler Elec-
tronic Laboratories, Inc. , of Research Triangle Park, North
Carolina, in the amount of $4, 120.
. SECTION II. An ,appropriation is, made from the General Fund
to Account No. 6010. 804, Nuclear Density Instrument, in the
amount of $4, 120 for the fiscal year ending June 30, 1979.
Mr. Niccolls said this will improve efficiency on ,compaction on our
construction projects almost 100 percent.. The resolution was unani-
mously adopted:
Aye: Councilmembers M. Hill , Murray,, Tolbert and Mayor Pro-
ic Tem D. Hill.
etNay: None.
1
; - 78-183 - Resolution - Making appropriations for the fiscal year end-
0 , ing June 30, 1979.
On motion of Mr. Tolbert, seconded by Mr. Murray, the following
resolution, was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
I
Appropriations are, made from- the•. General Fund -to the;:fol-
lowing accounts shown below for the fiscal year ending
June 30, 1979, as follows :
Account- No. and Name Appropriation .
4020. 235 Moving - Expenses $ 350;00-
4020. 265 Previous years Tax Refunds . - 3, 850.00
3010. 261 Legal. Services , . 4,931 .00 -
Aye: •.Councilmembers ,M. Hill,- Murray, Tolbert- and- Mayor Pro-
Tem -D.- Hill,
ro-
Tem -D.- Hil l�. . 1 . .
Nay: None.
Director of Engineering Andrew, G. Shope : joined the meeting.
78-184 - Resolution -. .Approving a . contract •with H. -L.: •,Singhas Well
Drilling Company of Upperville, Virginia for
Evergreen Mill Well test pumping.
On motion of Mr. Murray, seconded,by Mr. Tolbert, the following
resolution was proposed: . • .
RESOLVED by the Council of the Town ,of Leesburg, Virginia,
as follows: ..
SECTION I. The manager • is hereby authorized and directed to
enter into a contract with H. L. Singhas Well Drilling Company
of Upperville., ,.Virginia for. test- pumping :of well numbers 2 and
3 on Evergreen Mill Road, -in ,accordance. with their. proposal
dated September 21 , 1978.
SECTION II. An appropriation is hereby made for the fiscal •
year ending June 30, 1979, to the Utility-Restricted Fund, .
, - Account No. -.20500. 805, -Waterworks :Improvements, in the. amount
of $11, 500. 00. .
198.
MINUTES OF SEPTEMBER 27, 1978 MEETING : '
Mr-. Bengtson' explained that"an ear-Pier' report; in-August of this year, '
on the, Evergreen Mill test yells made several recommendations. No. 1
well was basically pumped at a maximum rate and was muddy the entire
time, so it was felt that no more time should be - spent on it. Wells
No. 2 and 3 were pumped independently for'a' period of' time and did
not tell them anything, so it was felt that both should be pumped
simultaneously' for -a' 72-hour petiod' (this exceeds the State require-
ment of 48 hours) to its maximum and, if something happened, they
would know it and not spend money to develop these wells. Under
this Contract,' Wells' No:' 2 'and' 3- would' be pumped with manpower,
generation, etc. for a' 72-hour period. They'(Bengtson; D'ebell) -
would' be' on the site looking at, this particular testing. There
are ways' tb d'eterinine What' is meant by "blear" , "cloudy" etc.
by turbidity units and they would do this. Also, town forces
would be overseeing this, particularly the night hours. Mr. Murray
felt that Mr. t engtson' s' comment at a public 'works committee meeting
that they-Would be spending $11 , 500 to' be' -sure they do hot' waste
$200, 000 to `$300;000' was most appropriate. Mr. Hill said Mr. Shope
indicated that they are using the same. pricing as when they, tested
the wells' before. There was no bbjection' to considering' this matter
tonight and the resolution was unanimously adopted: -
Aye: Councilmembers M. Hill, Murray, Tolbert and Mayor Pro-
Tem D. Hill .- '
Nay: None. - - ' -
78-185 - Resolution - Authorizing a permit for a sewer force main.
•
On motion of Mr. Mur-ay,'. secorided by Mr. Tolbert, the following
resolution was proposed:
•
RESOLVED by the 'Council''of the Town of Leesburg', Virginia,
as follows :
•
The manager is authorized and directed to iseUe' a permit to"
Mother Goose, Inc. , P. 0. Box 629, Leesburg, Virginia, for
the installation, use and maintenance- of a sewer force main
across' the= site"bf- the l;eeebiirg' sewage treatment plant under
the following conditions :
1 . The sewer'main shall be installedlas close as practical
to the south property line of the site so as not to in-
terfere with present or future' plant' faeilities; 'and
the specific location shall be approved in advance by
the. manager. '
2. Mother' Goose, Inc. shall fully restore the site to the
condition existing prior to start of work and shall
post a' cash bond in anamount- determined by 'the Director
of Engineering to guarantee the restoration.
• 3. The plans 'and specifications- for-the work- sha-lljbe-ap-
proved in' advance 'by the Director' of Engineering.
4. Mother Goose, Inc. may be-"required at any time for rea-
sonable cause to remove or relocate the force main which
- 'lies - in the-bounds -of town property; at - its own cost at
the discretion of the town.
5. Mother Goose, Inc. shall maintain the force main in good
condition at all times and be responsible for any damage
to the town property resulting from the installation, use,
-and- maintenance of"the line.
•
6. Other reasonable conditions as the -manager shall determine
-- - necessary and -appropriate.
7. Mother Goose, Inc. shall secure all required permits from
Loudoun-County before the -permit-authorized herein is valid.
•
8. ' The Town 'shall -have"the right to 'use the •afor"emeneioned
sewer force main easement at such time that ' it is-deemed
necessary by the town and in a manner consistent with the
agreement between the applicable property owners and Mother
Goose, Inc.
4 slat
MINUTES OF SEPTEMBER 27 , 1978 MEETING. 199
9. Mother Goose, Inc. agrees , upon formal request of the
Town Council , to dedicate the sewage pumping station,
force main and appurtenant property and easements for
maintenance and use by the- town.
Mr. Hill said the location for this pumping station has been moved
since this matter was discussed• several years ago. The presently
proposed location is at a point almost as high, if not higher, than
the Town' s sewage treatment plant'. •It could not, therefore, be
pumped by gravity back to our plant and would not serve other
properties in this area. - He understood that Mr. Wilbourne is fight-
ing a deadline on this and, if he does not perform, he may lose
his right to build the intended facility. Inasmuch as the Town
is required by Court Order to service this property, we have to
do so. However, Mr. Hill was concerned as to where the Town would
stand if Mr. Wilbourne did not perform within the required time in
light of the suit. Mr. Murray felt that Item 8 relieves the Town
of any legal responsibility. The town is just giving him permission
to go across our plant property and any price he has to pay or any
agreements necessary are his problem, not ours. Mr. Niccolls said
this is a difficult choice - the Town has to either accept the sewage
at our main and not worry about what goes on down below or take the
full responsibility of sewage drainage for the entire area. He
felt this is a reasonable compromise between the two principles .
Cm= It has the added advantage of conforming to the agreed judgment
entry of last February so that we do not end up in another lawsuit.
Mr. Cole joined the meeting at this time and said he is aware of
this and willing to vote on it. There was no objection to consider- ,
-- ing this tonight and the resolution was unanimously adopted:
Aye: Councilmembers Cole, M. Hill , Murray, Tolbert and Mayor
Pro-Tem D. Hill.
Nay: None.
Mrs. Hill asked if the request for "No Thru Traffic" signs will
be on- the Agenda next week. Mr. Niccolls said a request has been
forwarded to the Culpeper and Richmond offices of the State Highway
Department, asking them for recommendations. However, an ordinance
could be adopted by the Council concerning this and it will be put
before the Finance and Administration committee.
Mr. Tolbert said some of the yellow lines on curbs need to
be repainted, particularly one by St. James Church. • Mr. Minor
said a work order has been issued on this.
On motion of Mr. Murray, seconded by Mr. Cole, the meeting was
adjourned by unanimous consent at 9 : 34 P.M.
ti.-E - J
:ayor/. ,2.
C// , 447
. / .t1
Clerk of they ounci