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HomeMy Public PortalAbout1978_09_27 C t4 C 0 4 10 186 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