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