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HomeMy Public PortalAbout1979_02_14 XXXX MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL: PUBLIC 268 HEARINGS ON EAST LOUDOUN STREET REZONING AND SIGN ORDINANCE, FEBRUARY 14 , 1979 . 'A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on February 14 , 1979 at 7 : 30 P.M. The meeting was called to order by the Mayor, with the invocation being given by Mr. Tolbert, and followed with the Salute to the Flag led by Mr. Herrell . Present were: Mayor Kenneth B. Rollins , Councilmembers Glen P. Cole, Stanley D. Herrell, Jr. , G. Dewey Hill , Jr. , Marylou Hill , Walter F. Murray and John W. Tolbert, Jr. ; also Town Manager John Niccolls, Assistant Manager Jeffrey H . Minor, Director of Finance Donald O. Taylor and Town Attorney George M. Martin. The minutes of the regular meeting of January 24 , 1979 were approved as presented. PETITIONERS - RE EXEMPTION OF CHURCH-OWNED VEHICLES FROM TOWN LICENSE STICKERS Rev. Ron Johnson, Pastor of the Loudoun Baptist Temple and accompanied by some 40 members of his congregation, expressed their desire that the Council might pass a proposed ordinance CO exempting church-owned vehicles from town license stickers . He O said he has submitted a letter listing other organizations in the ': community in favor of such an ordinance. They would like to see this passed in order to avoid any further confrontation and to keep them from going to Court. If Council defeats this ordinance, they feel they must take the matter further. He also asked that, if the ordinance is defeated, the town refrain from any further citations until such time as the present summons comes before the Court. Mr. Murray asked how many vehicles the church owns? Rev. Johnson said five or six, but he did not know how many of them are within the jurisdiction of the town - they are garaged through- out the County - in Leesburg, Middleburg, Bluemont and Lucketts. The buses are used only once a week to bring people to church or to church-related activities and tonight to prevent a parking prob- lem. Mr. Hill said these licenses are only $15 . 00, perhaps $75 . 00 for all the vehicles. He felt the threat of going to Court would cost more than this. Rev. Johnson said the issue is that this requirement encroaches upon church liberty. Mr. Hill said he has checked and finds that most of those on the list sent to him are paying for these licenses, including those in Purcellville, with- out any protest. Rev. Johnson did not know whether these people feel this is an encroachment on their rights, but these are his convictions. Mr. Leonard McDonald, a member of the Church and an active citizen of Leesburg, pointed out that apparently the Town is not in need of these funds since there was a reduction in the tax rate in the past year . He said it is upsetting to him, as an Officer of the Law, to think he would have to write a summons for a church bus on a Sunday morning when the Rescue Squad and the Fire Department are allowed to operate without such licenses . It is a matter of principle, not the funds. Our country is based on the rights of separation of State and the Church. This license fee is a form of taxation. Mr. Hill asked if he would cite a church bus in the County - the County has such a fee? He knew there were some such buses operating in the Ashburn-Arcola area. Mr. McDonald was aware that there are some buses in this area that are operating without such a license, but he has not cited them. Mr. Hill commented "Then you are not performing your duty. " PUBLIC HEARING - REZONING OF EAST LOUDOUN STREET PROPERTIES Mayor Rollins opened the hearing by stating that there are several pieces of property on East Loudoun Street between Market Street and Harrison Street that have not been rezoned in the past from p-2 to B-2 - others in this block have been so rezoned. The Planning Commission has held a hearing on this matter and returned it to the Council for a decision. Mrs. Hill said the Planning Com- mission has recommended this rezoning 5 to 1 and these properties are all on the south side of East Loudoun Street. There was no-one to speak either for or against this matter, so the hearing was ad- journed by the Mayor. He asked that a proper ordinance be pre- pared for the next regular Council meeting. There followed dis- cussion as to whether or not these properties will be taxed as Ili . MINUTES OF FEBRUARY 14 , 1979 MEETING. - 269 commercial property, with the decision that Mr. Niccolls will look into this and have a report for the Public Works Committee meeting. . PUBLIC HEARING - SIGN ORDINANCE A hearing on the proposed amendment to the Leesburg Zoning Ordinance concerning "signs" was opened by the Mayor. Mrs. Hill said the Planning Commission voted unanimously in favor of this amendment. She said she initiated this amendment and it affects the entire town. There was no-one to speak either for or against this proposed amendment, so the hearing was adjourned by the Mayor. Mr. Hill was concerned about those signs in existence now that would be in violation. Mrs. Hill said they are "grandfathered in" . Mr. Hill asked specifically about the "Great Sandwich" sign. Mr. Niccolls said this sign was in violation of the old ordinance, however, this matter has been resolved. MANAGER' S REPORT Mr. Niccolls said there is nothing furtherlthan the Activity Report that was delivered on Monday. They areiprepared to fight v more snow. CD MAYOR' S REPORT a: Mayor Rollins read into the record a letter suggesting that the speed limit be changed from 25 mph to 35 mph on South Catoc- tin Circle between Leesburg Chrysler-Plymouth and the Bowling Alley. He asked that Mr. Niccolls reply to this letter and that the Finance Committee consider this at its next meeting. COUNCILME_MBER INQUIRIES AND COMMENTS Mr. Hill said Mr. Beaver has asked that Council consider the "No Parking" regulations on the north side of1Royal Street be- ' tween King Street and Wirt Street. Both Mr. Cole and Mayor Rollins had received complaints about this too. Mr. Herrell had talked with Mr. Beaver too and suggested that perhaps it might be a good idea to make that street one-way eastbound and put parking back on both sides. This will befdiscussed by the Finance Committee at its next meeting. Mr. Beaver is to be notified of this meeting. Mrs. Hill had alsoldiscussed this with Miss Rebbie DeButts. ''Mr. Herrell also suggested that a STOP siign be installed at the exit from the Town Shop. Mr. Hill also referred to a comment madelat the last meeting by Rev. Johnson that the personal property tax is a "ploy" to make people pay in order to be licensed to drive in town. He said this tax has nothing to do with real estate taxes - you can pay your personal property tax and not pay your real estate tax. It is not a "ploy" to make you pay both taxes. Rev. John- son quoted Sec. 10-43 of the Town Code concerning the payment of personal property taxes as a prerequisite for the issuance of a a town license. He still felt that personal' property taxes are the control for licensing and that they should be exempt. They are in the process of resolving real estate taxes with the County. He said they are already exempt from personal property taxes by an Attorney General ' s ruling in Stuart ' s Draft about a year ago. He still felt that the Town sticker is a tax and they should, therefore, be exempt from such tax. - Mayor Rollins read into the record a note from Mr. George Martin in appreciation for the resolution and donation to the Hospital in memory of his wife. 79-0-2 - ORDINANCE - AMENDING THE ZONING MAP ACCORDING TO APPLI- CATION ZM-23 BY SAMUEL C. LEGARD, JR. On motion of Mr. Herrell , seconded by Mr. Cole, the following ordinance was proposed: � X X X X MINUTES OF FEBRUARY 14 , 1979 MEETING. 270 WHEREAS, the Council of the Town of Leesburg, Virginia, at a meeting held on November 8 , 1978 , referred rezoning application number ZM-23 by Samuel C. Legard, Jr. to the Leesburg Planning Commission for the purpose of holding a public hearing on the application and making a recom- mendation, as provided by Chapter 11, Article 8 , Section 15 . 1-493 of the Code of Virginia, as amended; and WHEREAS, the Leesburg Planning Commission, at a meeting held on December 7 , 1978 , recommended that the rezoning for the land proposed be approved; and WHEREAS, the Council for the Town of Leesburg, Virginia, after due public notice, held a public hearing on Janu- ary 24 , 1979 , and heard all persons desiring to be heard on the rezoning application; BE IT ORDAINED by the Council of the Town of Leesburg, Virginia, as follows: SECTION I. The Leesburg Zoning Ordinance is hereby amended by revising the zoning map according to application number QD ZM-23 by Samuel C. Legard, Jr. to change from R-2 to B-2 a O parcel of land containing 6 , 154 square feet, located on the south side of East Loudoun Street and bounded by E. Loudoun q ca Street on. the north,Francis on the east, Steadman on the south and Legard on the west . SECTION II . This ordinance shall be in effect from and after its passage. Mr. Hill commented that this rezoning will be in compliance with the remainder of the properties on East Loudoun Street now under consideration. The ordinance was unanimously adopted: Aye: Councilmembers Cole, Herrell , D. Hill, M. Hill , Murray, ' Tolbert and Mayor Rollins. Nay: None . Proposed ordinance exempting churches from Chapter 10 , Article II, of the Town Code. Mayor Rollins explained that the Council operates on a committee system and this matter was referred to the Finance and Administration Committee for consideration when Rev. Johnson and members of his congregation appeared before Council on January 24 . Rev. Johnson met with that committee. The committee has recommended unanimously that the Council not exempt church-owned and operated vehicles. It is Council policy that, even tho the committee recommends against a particular matter, it still comes back to the entire Council for a vote. If any member of Council wants to introduce the proposed ordinance, it shall be debated and voted on. If no-one introduces it, there is no such ordinance under consideration. Mayor Rollins asked Mr. Herrell to explain the committee ' s recommendation. Mr. Herrell said the committee asked the staff to do a study of adja- cent localities as to their policy concerning this matter. None of the localities contacted exempt such vehicles - they are Fair- fax County, Purcellville, Manassas, Winchester, Warrenton, Herndon and Vienna. After discussing it and hearing Rev. Johnson, the com- mittee decided to recommend against the exemption of churches from obtaining such stickers. He did tell Rev. Johnson that the full Council would vote on it tonight. Therefore, even though opposed to it, on motion of Mr. Herrell, seconded by Mrs. Hill , an ordi- nance proposing the exemption of churches from the purchase of such stickers was introduced. Mr. Herrell said, further, that a reso- lution requesting an opinion from the Attorney General will be pre- sented following disposition of this ordinance. Mr. Cole was of the opinion that a telephone call from the Attorney General ' s of- fice ruled that such an exemption would not be legal . Mr. Herrell said they indicated that Council is well within their right. Mr. Niccolls said an oral opinion has very little standing, but it was their feeling that no-one could be exempted except those ex- empted by State law. Mr. Murray concurred with the position of the 2/3. MINUTES OF FEBRUARY 14 , 1979 MEETING. committee. A legal opinion would probably clear the air and per- haps would be a high enough authority to deter the Church from moving any further towards a court action. Mr. Hill thought this ordinance is not clear - it appeared to him that Subsection (a) exempts them and then Subsection (c) "wipes them out. " Mr. Nic- cols explained that Article II concerns Vehicle Licenses and fees, starting at Sec. 10-40 and ending with Sec. 10-50 - Exemp- tions . Subsections (a) and (b) are just as they appear in the Code at this time and Subsection (c) merely adds another exemp- tion. Mr. Hill concurred with Mr. Murray ' s remarks. He stated that he has the insurance on five vehicles which the Church owns - ' he wants this known so as not to create any conflict of interest. He said he has no hesitation in voting on this ordinance and will do so. On motion of Mr. Hill , seconded by Mr. Cole, it was proposed to table this ordinance until a ruling is in hand from the Attorney General. A roll call vote defeated the motion 4. to 3 : Aye: Councilmembers Cole, D. Hill and Mayor Rollins . Nay: Councilmembers Herrell , M. Hill , Murray and Tolbert. A roll call vote on the ordinance unanimously defeated it : Aye: None . Cq Nay: Councilmembers Cole, Herrell , D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins. Mr. Murray felt it should be understood that no further tickets will be issued on these vehicles until such time as the Attorney Gene- ral ' s opinion has been received. Mr. Niccolls advised that the Police Department has already been so advised. 79-17 - RESOLUTION - REQUESTING AN OPINION FROM THE VIRGINIA ATTORNEY GENERAL. On motion of Mr. Cole, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, a request has been received for amendment of the Leesburg Town Code to exempt motor vehicles owned and used by churches from town motor vehicle license require- ments; and WHEREAS, a question exists as to whether or not legal au- thority exists for such exemption; THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: Virginia General Assembly Delegate Earl E. Bell is respect- fully requested to secure the opinion of the Virginia At- torney General as to whether or not motor vehicles owned and used by churches can be exempted from municipal motor vehicle license requirements . The manager is directed to transmit this request to Delegate Bell . Mrs. Hill reminded Council that Rev. Johnson had requested exemp- tion for all non-profit groups . Rev. Johnson felt it should be - he understood that Mr. Urban of the Christian School was inter- ested in this , however, he is not here tonight. Mr. Herrell thought this opinion should be for churches only . Mr. Hill agreed that there should be the separation of Church and State. Mayor Rollins suggested that the Town request the Court to continue this matter until receipt of the Attorney General ' s opinion. He reminded that such an opinion is not binding on the Court. He felt there are two issues to be resolved in this matter and moved the following amendment, the last paragraph to read: Virginia General Assembly Delegate Earl E. Bell is re- spectfully requested to secure the opinion of the Vir- ginia Attorney General as to: 38844 MINUTES OF FEBRUARY 14 , 1979 MEETING. 272 (1) Whether motor vehicles owned by a church or a re- ligious organization are exempt from payment of a town motor vehicle license fee, and (2) Whether or not motor vehicles owned and used by churches can be exempted from municipal motor ve- hicle license requirements. The manager is directed to transmit this request to Dele- gate Bell . This proposed amendment was seconded by Mr. Tolbert and unani- mously adopted: Aye: Councilmembers Cole, Herrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. Rev. Johnson said there are Baptist churches in Fairfax and in Alex- andria that operate a number of vehicles and they have never been stopped - he considered the ticket given by the Leesburg Police to be a harrassment . Mayor Rollins felt then that they don ' t enforce the law in these areas . The resolution, _ as amended, was unanimously adopted by a roll call vote and reads as follows: n-- WHEREAS , a request has been received for amendment of the Leesburg Town Code to exempt motor vehicles owned and used by churches from town motor vehicle license require- ments; and WHEREAS, a question exists as to whether or not legal authority exists for such exemption; THEREFORE, RESOLVED by the Council of the Town of Lees- burg as follows : Virginia General Assembly Delegate Earl E. Bell is re- spectfully requested to secure the opinion of the Virginia Attorney General as to : (1) Whether motor vehicles owned by a church or a re- ligious organization are exempt from payment of a town motor vehicle license fee, and ( 2) Whether or not motor vehicles owned and used by churches can be exempted from municipal motor ve- hicle license requirements. The manager is directed to transmit this request to Dele- gate Bell . Aye: Councilmembers Cole, Herrell , D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay: None. 79-18 - RESOLUTION - ENDORSING SUPPORT FOR THE NORTHERN VIRGINIA CRIMINAL JUSTICE ACADEMY AND REGIONAL PROGRAMS . On motion of Mr. Tolbert, seconded by Mr. Murray, the follow- ing resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Regional programs described in a letter from the Execu- tive Director of the Northern Virginia Planning District Commission dated January 3 , 1979 , along with continued operation of the Criminal Justice Academy are endorsed. The Town of Leesburg' s fiscal year 1980 budget will in- clude sufficient funds to meet Leesburg ' s local matching share of the costs for operating these programs . Aye : Councilmembers Cole, Herrell , D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. MINUTES OF FEBRUARY 14 , 1979 MEETING. 2 Z 3' 79-19 - RESOLUTION - ACCEPTING QUITCLAIM DEED OF EAST ROYAL STREET ALLEYWAY FOR PUBLIC USE. On motion of Mrs. Hill , seconded by Mr. Tolbert , the following resolution was proposed and unanimously adopted: WHEREAS, by quitclaim deed made February 6 , 1978, and filed in the Clerk ' s Office of the Circuit Court for Loudoun County, Virginia in Deed Book 700 , Page 15, property owners adjoining the alleyway intersecting with East Loudoun Street and East Royal Street did quitclaim and release all claims and interest to said alleyway to the Town of Leesburg; and WHEREAS, it is appropriate for the town to accept for public use and maintenance, this alley: THEREFORE, RESOLVED by the Council of the Town of Lees- burg, Virginia, as follows : That certain alleyway, containing 6 , 362 square feet , more or less, as shown on a plat prepared by DeLash- mutt Associates, CLS, dated January, 1978, and filed with a quitclaim deed in the Clerk ' s Office of the ►r' Circuit Court for Loudoun County, Virginia in Deed Book 700, Page 15, is hereby accepted for public use :7\1 and maintenance. Aye: Councilmembers Cole, Herrell, D. Hill, M: Hill , Murray, Tolbert and Mayor Rollins . Nay: None. 79-20 - RESOLUTION - AUTHORIZING AN APPLICATION FOR DIVISION OF JUSTICE AND CRIME PREVENTION FUNDS FOR 1980 . On motion of Mr. Tolbert, seconded by Mr. Herrell, the fol- lowing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: The town manager is authorized and directed to submit project input forms to the Northern Virginia Planning District Commission for Division of Justice and Crime Prevention Funds to support the following three programs : 1. Selected Neighborhood Assistance Program 2 . Improving Crime Investigation, Detection and Appre- hension Program 3 . Crime Prevention Program. Mr. Hill asked the actual cost of these programs. Mr. Minor ex- plained that $10 , 000 is for the SNAP program, $5 , 000 is for im- proving crime investigation, etc. and $3, 000 is for crime preven- tion. All the town pays is 5 percent - the $15 , 000 represents 95 percent of the cost of the program, with the exception of the investigator program. The Federal Government has paid for this program for the last three years , however, they will pay for only one-half in this , the fourth year, so it will phase out by Decem- ber 31, 1980 . The resolution was unanimously adopted: Aye : Councilmembers Cole, Herrell , D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None . 79-21 - RESOLUTION - AUTHORIZING A CONTRACT FOR CONSTRUCTION OF EVERGREEN MILL WELL TRANSMISSION MAINS . On motion of Mr. Herrell , seconded by Mr. Tolbert, the following resolution was proposed: XR X MINUTES OF FEBRUARY 14 , 1979 MEETING. 274 WHEREAS the town water supply requires augmentation by June 1, 1979 from newly discovered subsurface supplies from wells on Evergreen Mill Road; and WHEREAS regular contracting procedures would cause un- acceptable delay in completion of the facilities ; and WHEREAS Bengtson, DeBell & Elkin,. Inc. , has provided a preliminary construction cost estimate for the required pumping and treatment facilities and water transmission main of $248 , 590 . 00 ; THEREFORE RESOLVED by the Council of the Town of Lees- burg, Virginia as follows : SECTION I . The manager is authorized and directed to enter into a time and materials contract with Perry Engineering Company of Leesburg, Virginia for instal- lation of approximately 3100 ' of 8" and 12" water line in the amount not to exceed $111, 410 . SECTION II . An appropriation is made from the Utility Fund Restricted Assets, to Account No . 20500 . 805, Water- O works Improvements Well Development, in the amount of $111 , 410 for the fiscal year ending June 30 , 1979 . Mr. Hill explained that the Committee considered two bids - Corman and Perry Engineering. Perry was the low bidder, providing they do not run into any stone. The Committee felt there should be very little , if any, stone, and they recommend Perry since it is a Leesburg business and they pay taxes to the Town; also, if they put in anything wrong we can keep after them. Mr. Cole con- curred with this . Mayor Rollins asked where the 8" and the 12" lines are? Mr. Niccolls explained that the 8" line is between the wells (a raw water line) and the finished lines are all 12" , from the wells into the system. The resolution was unanimously adopted: Aye : Councilmembers Cole, Herrell , D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. 79-22 - RESOLUTION - AUTHORIZING PURCHASE OF EQUIPMENT/MATERIALS AND SECURING OF SERVICES FOR THE EVERGREEN MILL WELL FACILITIES . There being no objection to considering this resolution as a New Business item, on motion of Mr. Cole, seconded by Mr. Hill , the following resolution was proposed : WHEREAS the town water supply requires augmentation by June 1, 1979 from newly discovered subsurface supplies from wells on Evergreen Mill Road; and WHEREAS regular contracting procedures would cause un- acceptable delay in completion of the facilities; and WHEREAS •Bengtson, DeBell & Elkin, Inc . , has provided a preliminary construction cost estimate for the required pumping and treatment facilities and water transmission main of $248 , 590 . 00 : THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: SECTION I. The manager is authorized and directed to pur- chase the following equipment/materials or secure the ser- vices as follows : Pipestands and Trench Cover $ 704 . 00 Electrical Contract 13 , 749 . 58 Monitoring Equipment 7 , 545 . 00 Interior Piping Materials 6 , 600 . 00 Total $28 , 598 . 58 24'5: MINUTES OF FEBRUARY 14 , 1979 MEETING . SECTION II . An appropriation is made to the Utility Fund Restricted Assets to Account No. 20500 . 805, Waterworks Improvements Well Development in the amount of $28 , 598 . 58 for the fiscal year ending June 30 , 1979 . Mayor Rollins asked if this will conclude the appropriations for this project? Mr. Niccolls said it is close, but no fence contract has been let yet. Mr. Hill inquired as to the appropriations as of this date? Mr. Niccolls estimated about $175 , 000, well under the engineer ' s estimate. However, it isn ' t in the ground yet. He will prepare an accounting of this . The resolution was adopted unanimously: Aye: Councilmembers Cole, Herrell , D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins . Nay: None. 79-23 - RESOLUTION - SETTING INFILTRATION/INFLOW MINI-SYSTEM RE- HABILITATION PRIORITIES. On motion of Mrs. Hill, seconded by Mr. Cole, the following resolution was proposed: WHEREAS, a continuing program of rehabilitation of sanitary sewers to eliminate infiltration /inflow to the town system er is a requirement for federal funding of sewage treatment plant construction and expansion ; and WHEREAS, an infiltration/inflow study was prepared by Bengtson, DeBell & Elkin, Inc . , in 1975 which indicates which areas of town are providing the greatest quanti- ties of infiltration/inflow; and WHEREAS, Leesburg ' s infiltration/inflow quantities are considered excessive by federal standards; and - WHEREAS, Leesburg is beginning a continuing infiltration/ inflow rehabilitatation program based on Bengtson, DeBell ' s report. THEREFORE, RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : SECTION I . The infiltration/inflow rehabilitation priority rating is approved as follows: 1 . Mini-system I - Downtown area 2 . Mini-system R - Virginia Knolls 3 . Mini-system J - South King Street 4 . Mini-system P - Prospect Hills to Rehabilitation Center 5. Mini-system E - Blue Ridge Avenue area SECTION II. The manager is authorized and directed to pre- pare contract documents and solicit bids for sanitary' sewer rehabilitation. Mr. Hill assumed this will be TV inspection, caulking, etc . Mr. Niccolls said this will be inspection, cleaning and repairs, pos- sibly some actual surface repairs . Mr . Hill noted that they would be going back over an area done previously - the Prospect Hills area to the Rehabilitation Center. Mr . Niccolls said the inspec- tion will be relatively inexpensive and this will give us a good idea of what to expect in the future. Mayor Rollins said this does not say what we are going to prepare bids for . Mr. Niccolls explained that these areas will be done one at a time - there will be a contract with a time and materials payment schedule and it will call for the work to begin in accordance with this priority schedule at an upswept limit of $50 , 000 - this is the amount in this year ' s budget . The utilities financial plan calls for spend- ing about $50 , 000 a year or more indefinitely on this work. We might get better unit prices if we could include two years ' ex- penditures in one contract. Mayor Rollins thought we might be An MINUTES OF FEBRUARY 14 , 1979 MEETING. 276 better off to negotiate a contract. Mr. Niccolls agreed. On motion of Mayor Rollins, seconded by Mr. Herrell, Council voted unanimously to amend Section II to read : SECTION II . The manager is authorized and directed to prepare contract documents and solicit bids or negotiate a contract for Council approval for sanitary sewer re- habilitation. Aye: Councilmembers Cole, Herrell, D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins. I Nay: None. The resolution, as amended, was unanimously adopted: Aye: Councilmembers Cole, Herrell, D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. 79-24 - RESOLUTION - EVERGREEN MILL ROAD WELLS CONSTRUCTION APPROPRIATION. CD On motion of Mr. Cole, seconded by Mr. Tolbert, the following CD resolution was proposed: G: RESOLVED by the Council of the Town of Leesburg, Virginia , ::Z as follows: An appropriation is made to the Utility Fund - Restricted Assets to Account No. 20500 . 805 - Waterworks Improvements - Well Development in the amount of $20 , 000 for the fiscal year ending June 30 , 1979 . Mr. Niccolls explained that this is for miscellaneous construction materials that will go into the actual structure for the well , to be purchased basically from local suppliers. The resolution was i unanimously adopted: Aye : Councilmembers Cole, Herrell , D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. Mayor Rollins inquired as to whether or not the Town has insur- ance to repaint the tank? Mr. Niccolls said the deductible is $250 and the expense will probably be around $500 . There was also some damage to an electronic device on the tank, so total expenses may go above that figure. The painting should be fairly simple . Mr. Hill asked if the Town Police make any kind of surveillance at the tank? Mr. Niccolls said No. , with the exception of the facts. that we were having some problem with people opening and closing the hydrants - he had them on a pretty regular schedule to check this for a while. There is a night guard light on the site. Mayor Rollins thought we should ":beefup' security down there. Mr . Niccolls said the tank has locked hatches - he felt we are covered:from all but the most determined saboteur . Discussion continued on this mat- ter. Mr. Hill suggested plugging the hydrants so they can 't be drained off - he said we ' ll have the same problem when we get the the new plant . Mr. Niccolls said he has asked the engineers to de- sign a different type of drain valve - we won 't be installing the fire hydrants on that line that we do otherwise, unless they want i to provide fire services out there. He has asked that they design underground drains for the new system at the Plant. Mayor Rollins understood that Dan Riley from the Children' s Rehabilitation Center has requested a directional sign somewhere in the vicinity of the Lutheran Church. He asked Mr. Niccolls to notify him and ask him to appear before the Committee on such a request. On motion of Mr. Cole, seconded by Mr. Tolbert, the meeting was unanimously adjourned at 9 : 00 P.M. ztey- %,_aar„ Mayor Clerk of C/uncil