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HomeMy Public PortalAbout1978_11_08 222 ' t . MINUTES OF REGULAR MEETING OF. LEESBURG TOWN COUNCIL, NOVEMBER 8, 1978. A regular meeting of the Leesburg. Town. Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, - Virginia, on November. 8, 1978 'at: 7 : 30 P.M. The meeting was calledto. order by the Mayor, with the invocation being given by Mr. Tolbert,• and fol- lowed with the Salute to the Flag led by Mr. Murray. Present were: Mayor Kenneth B. Rollins, Councilmembers Glen P. Cole, Marylou Hill, Walter F. Murray and John W.. Tolbert, Jr. ; also Town Manager John Niccolls and Town Attorney George M.. Martin. Absent from the meet- ing were Councilmembers Stanley D. Herrell , Jr. and G. Dewey Hill, Jr. The minutes of the regular meeting- of October 25, 1978, were ap- proved as written. Manager' s Report : (1) Mr. Niccolls called attention to the Activity Report dis- tributed tonight. • (2) The Town has filed an application for a small but important grant from the State for anti-litter activities. This would be for about $2, 000 for Leesburg. Since the Public Works Department has a problem with keeping the parking lot and public alleys and walkways cleaned, it is proposed to purchase a parking lot vacuum type machine for this work that is now done by hand. (3) A preliminary draft of the audit for fiscal year ending June 30, 1978 has been received from Yount, Hyde and Company. It is hoped to have the final copies for distribution on Friday. This audit shows a reduction of working capital in the Utility Fund of almost $287 , 000. Certainly the trend for this year will be reversed. (4) The contractor for the waterworks improvements project is moving along so well that it is possible to pave Old Waterford Road from Ayrlee Avenue to Morven Park Road in the current street resur- facing program, at a cost of approximately $2, 000. We have about 600 and some tons left and this particular street requires just about this amount. However, to do this would mean the elimination of Wage Drive and Anne Street and any work on Dry Mill Road. Also, Davis and Lee Avenues are marginal. He recommended that Old Waterford Road be done, but it will have to be widened in some places to meet the 18- foot requirement. Mayor Rollins called attention to the poor job done on East North Street. Mr. Niccolls said he has spoken to the inspector and they plan to make appropriate repairs. Mayor -Rollins also referred to the job on Edwards Ferry Road - where it will have to be cold- patched - this same thing applies to Catoctin Circle. Mr. Niccolls said there is a utility location to be accomplished before the Ed- wards Ferry Road repaving is completed. Also, the Highway Depart- ment has no objections to this procedure. In fact, he said it cannot be avoided in some instances. In miles and miles of streets; there are joints. Mayor Rollins also expressed a desire that the repaving program be done earlier in the year. Mr. Niccol°Is said it is pro- posed to have a list of the proposed work much earlier next year, along- with bids - then at the time of budget consideration, they will be ready to enter into a contract for this work. Mr. Tolbert called attention to items in the Activity Report con- cerning work done at the Airport. Mr. Niccolls said there will be more information on Friday con- cerning the Highway Department public hearing on the Route 7 East project. Mr. Murray said it was advertised in the paper this week. Proposed ordinance to repeal Article III, Chapter 16 of the Town Code re Procedures in Effect During Snow Emergencies. Mayor Rollins explained that he has had a lot of comments about this and he feels that"the cure may be worse than the illness. " On streets such as Catoctin Circle and Edwards Ferry Road, there are people who have no place to park other than on the street - they have no driveways. As to the logistics in towing these cars, he did not know where the Town would put them and he could see no benefit to be derived from such towing. He does not believe in legislating because of one bad winter. Perhaps there is some necessity for it in the downtown area, but not all the way out Catoctin Circle, Edwards Ferry Road and Loudoun Street. He asked that this be referred to. the Utility and Public Works committee for further discussion. - .00:44:t MINUTES OF NOVEMBER 8, 1978 MEETING. 223 78-210 - Resolution - Granting waiver of certain site_plan regwire- • ments or the Millspaugh Property Site Plan. On motion of Mr. Tolbert, seconded by Mr. Murray, the following resolution was proposed and unanimously adopted: WHEREAS, the Leesburg Planning Commission has recommended the waiver of certain site plan requirements for the Mill- spaugh Property Site Plan: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : In accordance with Section 9A-6-12 of the Leesburg Zoning Ordinance the following requirements for public improvements as part of the Millspaugh Property Site Plan on South King Street are waived: 1. Development of Wirt Street between Davis Avenue and South King Street ; 2. Development of Valley View Avenue between Davis Avenue and South King Street; 3. Sidewalk on the north side of Davis Avenue; 4. Sidewalk on South King Street. Aye: Councilmembers Cole, M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. 78-211 - Resolution - Authorizing an agreement and approving a per- formance bond for the 'Millspaugh site plan. On motion of Mrs. Hill, seconded by Mr. Cole, the following resolution was proposed and unanimously adopted: : RESOLVED, by the Council of the Town of Leesburg, Virginia, as follows : The town manager is authorized and directed to execute the standard agreement and approval of performance bond in the amount of -$29 , 600 for instaltation' of public improvements required at that site is granted subject to review by the town attorney. This instrument is to. guarantee installa- tion of public improvements for the Millspaugh site plan on South King Street. - i - . Aye: Councilmembers Cole, M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. 78-212 - Resolution - Authorizingthe Town Attorney to call Heritage Square Perormance bond for installation of public improvements. On motion-. of Mr. Tolbert; seconded. by Mrs. Hill , the following resolution was proposed: WHEREAS public improvements for Heritage Square were not completed within the one year time period- as specified in the contract for public improvements between the developer, Shor-Leesburg Associates , and the town, and WHEREAS Council did approve'.an, extension-of time - for instal- lation of ,the public nstal-lationof,thepublic improvements until -May s7 , 197T, -and- WHEREAS 977, •and-WHEREAS _.performance bond .number 4295667 with the .Hartford , Accident .& Indemnity Company in the amount' of $262, 534. 80 and a $24, 000 promissory note 'from Shor-Leesburg Associates is outstanding for the required public improvements, and 224 MINUTES OF NOVEMBER 8, 1978 MEETING. WHEREAS the Director of Engineering has requested that Shor- Leesburg Associates complete installation of paving on Heri- tage Way prior to November 15, 1978; THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: SECTION I. The town attorney is directed to instigate ac- tion against the Hartford Accident & Indemnity Company and Shor-Leesburg Associates for the installation of public im- provements at Heritage Square which will result in comple- tion of the required installations if paving of Heritage Way is not completed by November 15, 1978. SECTION II. In the event Heritage Way has not been paved prior to November 15, 1978, the town manager is authorized and directed to have that paving completed and the cost will be. recovered by action against the bond holders. Mr. Murray asked if the developer gets a copy of this resolution. Mr. Niccolls said Yes, Mr. Martin advises that, as a matter of pro- cedure, notice will be given to both the bonding company and the de- veloper. The resolution was unanimously adopted: Aye: Councilmembers Cole, M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. 78-213 - Resolution - Authorizins thereparation of final plans and specifications for, the Potomac River Water Supply Project and making an appropriation. On motion of Mr. Cole, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS , Betz-Converse-Murdoch, Inc. , consulting engineers, has submitted its plans and specification review for the proposed Potomac River water supply project, dated October 25, 1978 : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The Manager is authorized and directed to enter into an agreement with Betz-Converse-Murdoch, Inc. , 800 Follin Lane, S. E. , Vienna, Virginia 22180, for engineering ' services necessary for the preparation of final plans and specifications for the Potomac River water supply project in line with recommendations contained in the engineers ' October 25, 1978 report ata cost not to exceed $73, 200.00. SECTION II. The Manager shall by December 1., 1978 submit a report to the Council with recommendations for the sizing of the water transmission line from the water plant to the by-pass . SECTION III. An appropriation is made from the Utility Fund to Account' No. 20400.806A, Potomac River Water Supply Design Engineering, in the amount of $73, 200.00 for the fiscal year ending June 30, 1979. Mr. Niccolls -said applications required to Loudoun County for special exception and commission permit have been sent for the project; ap- plications are being made to the Highway Department for the necessary permits and the Corps of Engineers for the State of Maryland have been advised that construction should begin in mid 1979 and they should advise us if they have any further requirements. Mayor Rollins asked if any thought has been given to turning the transmission line up Edwards Ferry Road directly to the tank rather than hooking into Edwards Ferry Road at the By-Pass? Mr. Niccolls said there has been no systematic study of this proposed alternative but, as a part of the routing study for interconnection -to Fairfax, a great deal of thought was given to the major system loops in that area. Mayor Rollins also MINUTES OF NOVEMBER 8, 1978 MEETING. • ? • • asked if the h ne ank is ready to be filled with -water? - Mr. Niccolls said Yes, all or/equipment inside the tank has been -installed. The problem is insufficient water to get it operational. It was filled, but drained when we filled the old'-one, but we are unable -to pump sufficient water to fill it,- so we- do n" gd new wells. ' Mayor Rollins asked if consideration- is being given• torpairiting the old tank? Mr. Niccolls said he would look into this. The resolution was unanimously adopted: - . • Aye: Councilmembers Cole, M. Hill , Murray, Tolbert and Mayor Rollins . Nay: None. .. 78-214 - Resolution --. Receiving and referring the application of Samuel C. Legard, Jr. for revision of Zoning District Map to the- Planning- Commission for • public hearing and recommenation under Chapter 11, Title 15:1, of the 1950 Code of Virginia, as amended. On motion of Mrs. Hill , seconded- by Mr. Cole,: the following reso- lution was proposed and unanimously adopted: , RESOLVED by the Council of the Town of Leesburg; Virginia, - • as follows: • • . ?1 The application of Samuel C: Legard, Jr. for revision of the zoning district map,. -assigned No-. -ZM-23, 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. , Aye: 'Councilmembers Cole, M. Hill, Murray, Tolbert- and Mayor Rollins. Nay: None. 78-215 - Resolution - Authorizing the purchase of dump truck. On motion of Mr. Tolbert, seconded by Mr.. Murray, the follow- ing resolution was proposed: RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : SECTION I. -The manager is authorized and directed to enter into an agreement with Leesburg Motors , . Inc. , P'; -O:-' Box 1202, Leesburg, Virginia, 22075, for the .purchase of; one 1979 Ford • cab and chassis and van-type- dump body truck equipped in ac- cordance with specifications dated October 3, 1978, . at, a price not to exceed $13, 850. 00. SECTION II. An appropriation is made from the General Fund to Account No. 10110. 870 Equipment, in- the amount of - $13, 850.00 for- thetfiscal-year ending June 30, : 1979: • - • Mr. Niccolls explained that this is a covered truck with doors that seal , like the one used to blow leaves into. Mr. Murray asked if any publicity- has- been; given' concerning raking- leaves'• to the front of a property and the Town will pick, them up? Mr: Niccolls said he would see if some announcement can be made concerning- this. The resolution was unanimously adopted: II Aye: :Councilmembers Cole, M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. 78-216 - Resolution - Making an additional-appropriation for construc- tion of improvements at the Leesburg Municipal . Airport. • . • • On motion of Mr. Murray, seconded by Mrs. Hill, the following resolution was proposed: 226 MINUTES OF NOVEMBER 8, 1978 MEETING. . RESOLVED by the Council of the Town of Leesburg, Virginia, • as follows : SECTION. I. An appropriation is• made from' the Airport. Fund to Account- No. 30000. 825 - Airport Improvements, in the a- mount of $76, 676. 36 for the fiscal year ending June 30, 1979. • SECTION II. If required, a loan of unencumbered utility fund balances in the amount of $76, 676. 36 is hereby authorized to the AirportFundto be paid from future revenues of the Air- port Fund with interest of 6 percent per annum compounded annually. Mr. Niccolls explained that this amount is due Tri-County, but it will not be paid until. this resolution is passed. Future revenues refers to; reimbursement to be made by the FAA and it will take 8 to 10 weeks to secure this money. Mayor Rollins said he takes "a dim view" of interfund loans. • Mr..•,Niccolls furtherrexplained that Federal and State grants combined will pay 95 percent of the total amount of the project - $686, 500. The local share is $34, 300 - part of this was paid out of last fiscal year and part will be paid out of this fiscal year. He said we are going through a typical small business crunch, where we have major capital outlays occurring be- fore the cash comes in, but.with the certain -knowledge. that the cash will come in. We routinely hold bills from contractors for 30 days but we signed a contract to pay them within 30 days from submission of an approvable bill. We feel that this affects our future bidding. The resolution was adopted by a vote of 4 to 1 : Aye: Councilmembers Cole, M. Hill , Murray, and Tolbert. Nay: Mayor Rollins. • It is noted . that Councilmember Dewey Hill joined the meeting at this point. 78-217 - Resolution - Revising the 1978 Street Resurfacing Program. On motion of Mayor Rollins, seconded by Mr. Murray, the following, resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : ' The 1978 Street Resurfacing Program is revised to include Old Waterford Road from Ayrlee- Avenue to Morven Park Road as the first ranked second priority project provided the water system improvements in Old Waterford Road can be com- pleted 'in time to allow paving during this construction sea- son. This resolution was preceded by extensive discussion as to.•whether Old Waterford Road or the proposed Wage Drive and- Anne Street should be repaved in this year' s• program. It was felt that some repairs should be made. to Anne Street and then- they (both Wage and Anne) will be ready for repaving next year. The resolution was unanimously a- dopted: • Aye: Councilmembers Cole, D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins . . Nay: None. Mayor Rollins asked what the policy is on sidewalk construction. Mr. Niccolls said repairs will be strictly ' in kind. The policy is to replace it with brick, but there is not enough money to do this„ so a new list is being prepared proposing restorative type patching. There will be a second priority list for repairs. This then will get the program into both years ' work. On motion of Mr. Tolbert, seconded by Mr. Cole, the meeting was adjourned at 8: 35 P.M. • • Mayor lerk of le Council