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HomeMy Public PortalAbout1979_02_28 • N'4 2 }7y MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, FEBRUARY 28 , 1979 . A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on February 28 , 1979 at 7 : 30 P .M. 'The meeting was called to order by the Mayor, with Mr. Tolbert offering the invocation, followed with the Salute to the Flag led by Mr. Murray. Present were : Mayor Kenneth B. Rollins, Councilmembers Glen P. Cole, Stanley D. Herrell, Jr . , Marylou Hill, Walter F. Murray and John W. Tolbert, Jr. ; arso, 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 was Councilmember G. Dewey Hill, Jr. . The minutes of the regular meeting of February 14 , 1979 were approved as written. MANAGER' S REPORT: _ Mr. Niccolls said a written Activity Report had been distri- buted on Monday. There were no questions concerning it. He also reported that preparations are about 50 percent complete for issu- ance of the bond issue for the Potomac River water supply project and permanent financing on the parking facility. Municipal Ad- visors, Inc. are preparing the prospectus and other information that will go to prospective bidders . Mr. Wales has scheduled a trip to New York to meet with representatives of Moody ' s , the industrial rating bureau that issues ratings, which will be very N important to bids. He has also scheduled a meeting with Standard . & Poor ' s for later in March and has suggested that the Mayor, Mr. Taylor and the Manager make the presentation to them and to Moody ' s ►- on March 20th. This trip will be an important part of the financ- ing plan for the Treatment Plant. MAYOR' S REPORT: Mayor Rollins congratulated Mrs . Hill for the very fine job she has been doing over the past two months in securing, framing and placing pictures in the Council Room with regard to the history of Leesburg - some of it back to the late 1800 ' s . This makes the Council Chambers more attractive and, when completed, it will give a very interesting purview of what Leesburg has had in the past. 79-0-3 - ORDINANCE - AMENDING THE ZONING MAP ON EAST LOUDOUN STREET . On motion of Mr . Murray, seconded by Mr. Tolbert, the following ordinance was proposed: _ WHEREAS, Council Resolution #78-180 , dated September 27 , 1978 , requested the Planning Commission to study the re- zoning of certain properties on East Loudoun Street, and WHEREAS, the Planning Commission after public notice held a public hearing on January 4 , 1979 , and heard all persons desiring to be heard on the proposed revision of the zon- ing map to place certain properties in the B-2 zoning district, and WHEREAS, the Planning Commission on January 4 ,_ 1979 , recom- mended revision of the zoning district map; and WHEREAS, the Council after public notice held a public hear- ing on February 14 , 1979 , and heard all persons desiring to be heard on the proposed rezoning: ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I . The Leesburg Zoning Ordinance is hereby amended by revising the zoning map to change from R-2 to B-2 the properties listed below for a distance of 130 feet south from the centerline of East Loudoun Street: John C. and Patsy Carr, John L. Carr Estate, James E. and Judy K. Ogle, Town Alley, Curtis W. and Carrie L. Ewing and Frances D. Wright. XdIXQCX • XxxXxXXX MINUTES OF FEBRUARY 28 , 1979 MEETING . 278 SECTION II. This ordinance shall be in effect from and after its passage. Mr. Cole asked if an answer had been secured as to whether or not taxes on this property would go up after such rezoning. Mrs . Hill said the Finance Committee investigated this - they will not change appreciably as long as the people continue to live there. Mr. Murray said the Commissioner of Revenue said the land value would probably go up, but the improvements would probably come down, thereby chang- ing it only slightly. The ordinance was unanimously adopted: Aye: Councilmembers Cole, Herrell , M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. Proposed Ordinance amending Section 10-83 of the Town Code re- garding one-way streets. On motion of Mr. Cole, seconded by Mr. Herrell, an ordi- nance was proposed to amend Section 10-83 of the Town Code to include East Royal Street, between Liberty and King Streets, in the one-way system. It was pointed out by Mrs. Hill that a Section 6 concerning East South Street had been omitted from CD the proposed ordinance . There followed discussion concerning the problems with making East Royal Street one-way. Mr. Nic- = cols distributed copies of a plan worked up today by Chief Kid- well and Mr. Forbes, this to maximize the amount of available G parking in the area without falling back on the one-way plan. He also exhibited some photographs taken of the area today by Chief Kidwell . It was pointed out that they used the. Fire De- partment ' s pumper truck to show the narrowness of the street with parking on both sides. There followed further discussion on this matter and, on motion of Mr. Murray, seconded by Mr.Her- rell, Council voted unanimously to send this matter back to the Finance and Administration Committee for further study and to consider the plan presented tonight and make a recommendation concerning East Royal Street at the next Council meeting: Aye: Councilmembers Cole, Herrell , M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None . 79-25 - RESOLUTION - CONSENTING TO AN ASSIGNMENT OF THE LEASE BETWEEN THE TOWN OF LEESBURG AND CHARLES S . WARNER, DATED DECEMBER 16 , 1977 . On motion of Mr. Tolbert, seconded by Mr. Herrell, the follow- ing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Mayor is authorized and directed to execute the as- signment of lease transmitted with a memorandum from the Manager, dated February 23, 1979 , which consents to the assignment of the lease by and between the Town of Lees- burg and Mr. Charles S . Warner, dated December 16, 1977 , to Farris Sadak and Gemil Sadak, husband and wife. The Clerk of Council shall attest the aforementioned lease on behalf of the town. Mr. Murray asked if the Town Attorney has reviewed the lease? Mr. Martin said he has reviewed it . Mayor Rollins asked what use of the building is planned? Mr. Warner said it will be used as it is presently used - for commercial and business purposes. In fact, the present tenants have several years on their leases yet. Any changes would be several years away. He felt the building is at its highest and best use now. There are retail businesses on the first floor and some on the second, along with some business of- fices. Mr. Niccolls thanked Mr. Warner and said he has done a commendable and remarkably excellent job on the renovation of the structure. It has been a very successful project. Mr. Warner thought it a wonderful thing when private enterprise can be of MINUTES OF FEBRUARY 28 , 1979 MEETING. 2.7 v' assistance to the long term interests of the community. The reso- lution was unanimously adopted : Aye : Councilmembers Cole, Herrell, M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. 79-26 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF FREDERICK FLEMMING FOR REVISION OF ZONING o DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING AND RECOMMENDATION UNDER CHAPTER 11 , TITLE 15 . 1 OF THE 1950 CODE OF i III VIRGINIA, AS AMENDED. On motion of Mrs. Hill , seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The application of Frederick Flemming for revision of the zoning district map, assigned No. ZM-25 , is received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15 . 1 of the Lr 1950 Code of Virginia, as amended. tr N Aye : Councilmembers Cole, Herrell , M. Hill , Murray. Tolbert ;" and Mayor Rollins. CI Nay: None. 79-27 - RESOLUTION - AUTHORIZING A REVISED PREAPPLICATION TO THE FEDERAL AVIATION ADMINISTRATION FOR AIRPORT DEVELOPMENT AID PROGRAM FUNDS FOR SAFETY IM- PROVEMENTS TO THE AIRPORT . On motion of Mr. Tolbert, seconded by Mrs. Hill , the following i resolution was proposed : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The manager is authorized and directed to submit a revised preapplication (FAA Form 5100-30) to the Federal Aviation Administration for Airport Development Aid Program funds for the construction of two holding aprons, two VASI sys- tems, REILS for each runway, and a paved parking apron . Mr. Herrell understood that this will all be from Federal funds or the Airport Fund. Mr. Niccolls agreed, it will not be taxpayers ' money. The resolution was unanimously adopted : Aye : Councilmembers Cole, Herrell , M. Hill, Murray, Tolbert and Mayor Rollins . Nay: None . 79-28 - RESOLUTION - AUTHORIZING A CONTRACT WITH J . W. PICKEL EXCA- VATION FOR THE CONSTRUCTION OF THE VINEGAR HILL PARKING LOT AND MAKING AN APPROPRIATION THEREFOR. On motion of Mr. Herrell, seconded by Mr. Tolbert, the fol- lowing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The manager is authorized and directed to enter into a time and materials contract with J. W. Pickel Exca- vation in an amount not to exceed $54 , 300, exlusive of base stabilization in excess of the amounts contained in the original lump sum bid, for the construction of the Vinegar Hill Parking Lot, in accordance with its proposal dated February 23 , 1979 , bid documents accompanying the notice and invitation to bid. Xr xx X X MINUTES OF FEBRUARY 28 , 1979 MEETING. 280 Mayor Rollins was under the impression that this appropriated all the remaining funds in this bond issue. Mr. Minor said this is with the exception of the amount still owed to DeLash- mutt Associates. The appropriation is for more than the lump sum bid. Mayor Rollins hoped there will be no failure in the base for this parking lot - he felt the proper amount of stabi- lization should be put in regardless of the amount. He also asked what type of stabilization process will be used. Mr. Niccolls said the soil in this area is known to be very bad. When excavation begins, those areas that are unstable will be determined - these are mostly down by the creek . An evaluation will be made through soil samples and additional stone will be added to the depth required for a very strong base. He did not know the name of the firm that does work for the town - in fact, much of such work is done at the expense of other people - they get the bill and we get the report. Mayor Rollins emphasized that we have had some bad experiences . Mr . Niccolls felt this was due to the fact that either the soil was not tested or the follow-up with the required construction techniques was not done. Mayor Rollins asked if the Committee is satisfied with the changes in the lighting? They are. The street entrances will be done by Town forces - they were not in the contract. The resolution was unanimously adopted: Aye: Councilmembers Cole, Herrell , M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. 79-29 - RESOLUTION - AUTHORIZING A PERMIT FOR A STREET ENCROACHMENT. On motion of Mr. Cole, seconded by Mr. Murray, the following resolution was proposed and unanimously adopted: RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : ' . The manager is authorized and directed to issue a permit to the National Children ' s Rehabilitation Center for one directional sign to be located on public right-of-way at the intersection of West Market Street and South Catoctin Circle in accordance with request contained in letter dated February 21, 1979 from Daniel S. Riley. The permit authorized herein is revocable at any time by the town. Aye: Councilmembers Cole, Herrell , M. Hill, Murray, Tolbert and Mayor Rollins Nay: None. 79-30 - RESOLUTION - APPROVING WATER AND SEWER EXTENSIONS FOR CARR- VALE SUBDIVISION, PHASE II , TRACT 1. On motion of Mr. Murray, seconded by Mr. Cole, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: Extension of the municipal water and sewer works for Carrvale Subdivision, Phase II , Tract 1 , is approved. Mr. Terry Titus and Mr. Richard Carr were both present. Mr. Titus exhibited on a plat the location of this tract and explained that there are 345 lots and it is proposed to develop them in four stages of around 85 lots a year. The plat is before the Plan- ning Commission now for preliminary plat approval . A letter from Mr. Carr has been sent to Mr. Niccolls, stating the water and sewer capacities needed for the project. Mayor Rollins asked who will build these houses? Mr. Carr said it is not known absolutely at this time, but Ryan Homes has first refusal . Mr. Herrell asked if this is all of the property to be developed? Mr. Titus said this is all west of the By-Pass , they do own land on the other side. Mrs. Hill understood it goes all the way to the Potomac . 281 MINUTES OF FEBRUARY 28 , 1979 MEETING. Mayor Rollins asked when it is proposed to start the school? Mr. Herrell said it is re-bid for March 6th. The resolution was unanimously adopted: Aye : Councilmembers Cole , Herrell , M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. 79-31 - RESOLUTION - AUTHORIZING' PURCHASE OF ONE SEWER CLEANING MACHINE . On motion of Mr. Murray, seconded by Mrs . Hill, the follow- ing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The manager is authorized and directed to enter into a contract with Capital Equipment Company, Inc . of Richmond, Virginia, for the purchase of one Myers-Sherman Vactor Model 810 sewer cleaning machine as described in the proposal received February 15, 1979 , at a cost not to exceed $61 , 667 . 00 . SECTION II . An appropriation is made from the General Nt Fund to Account No. 10110 . 870 , Street Department Equip- ment, in the amount of $20 , 000 for the fiscal year end- ing June 30 , 1979 . CI SECTION III . An appropriation is made from the Utility, Fund to Account No. 20100 . 803 , Utility Lines Equipment, Sewer Rodder, in the amount of $41 , 667 for the fiscal year ending June 30, 1979 . Mr. Niccolls explained in detail the advantages of the proposed machine over the antiquated and aged machine presently in use. The present machine does not clean the sewer line, it pushes the debris , etc. on down to another location. The proposed machine uses high pressure water to flush the debris to the next manhole where it is picked up by a vacuum-type pump and deposited in a storage hopper on the truck and then dumped back into the system- after the water is separated from the roots, etc . This machine can be operated safely by one man, where the present machine some- times takes four men, and can be operated more rapidly and more efficiently. It is designed to clean a lot of sewer in a day ' s work. He felt this is a worthwhile purchase that will be here for many, many years and will serve the town well . The present machine will be disposed of by auction - it is operable. Mr. Murray said the Committee discussed this and it might be made available to some smaller towns on a rental basis. He said the slide presentation looked like a very clean operation and one the Town needs. Also, other areas have reported very good operation. Mayor Rollins asked if such a machine might pose any threat to the sewer lines with all this pressure? Mr. Niccolls said it might cause a problem if a sewer line is already broken, but this is true of the present machine. It will take four to five months to get the machine. Mr. Murray pointed out that this machine pulls right up to the area being worked on and takes only one person. Mrs. Hill said she has seen the demonstration and she was quite impressed. The resolution was unanimously adopted: Aye: Councilmembers Cole, Herrell, M. Hill, Murray, Tolbert andMayor Rollins. Nay: None.M 79-32 - RESOLUTION - MAKING A TRANSFER AND AN APPROPRIATION OF OFF-SITE FEES . On motion of Mrs. Hill , seconded by Mr. Tolbert, the follow- ing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, - as follows : Xk�)XX MINUTES OF FEBRUARY 28 , 1979 MEETING. 282 SECTION I. A transfer of Restricted Cash from General Ledger Account No. 266 , Reserve for Off-Site Fees , to General Fund Revenue Account No. 304 , Various Fees, Off- Site, Etc. , in the amount of $27 , 496 . 28 is approved. SECTION II . An appropriation is made from the General Fund to Account No. 10110 . 850 , 1977 Storm Drainage Im- provements, in the amount of $36 , 564 . 75 for the fiscal year ending June 30 , 1979 . Mayor Rollins asked what these funds will be used for? Mr. Niccolls ' explained that this is the final payment on the storm drainage im- provements, Phase II , done by Perry Engineering Company. The $27 , 500 was paid over the past several years by developers in Leesburg as their contribution to the Town because they contributed to the need for this work. This, in effect, reduces the tax cost of the project by that amount . This is the first time the Town has taken these monies that were set aside earlier and actually . applied them to a storm drainage project. Mayor Rollins asked if these weren ' t paid out of the Public Improvement Bond issue? Mr. Niccolls said No - these were done over the last two or three years - a good part of the money (at least $125, 000) came from Revenue Sharing funds that had been put into the General Fund. Mr. Cole asked if the drainage ditch has been completed and cleaned below Hirst ' s recently - there were a lot of boulders in the ditch? Mr. Niccolls said he knew Mr. Shope walked this with the contractor and felt they would have caught this - he will check into it . Mr. Cole said there is also to be a drainage pipe between the last two buildings on Monroe Street that will go into the ditch - this can 't be done until weather permits . The resolution was unanimously a- dopted: Aye : Councilmembers Cole, Herrell, M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. 79-33 - RESOLUTION - MAKING AN APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30 , 1979 . On motion of Mr. Tolbert, seconded by Mr. Murray, the follow- ing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : An appropriation is made from the Utility Fund to Account No. 20400 . 803-B, Standpipe Renovation, in the amount of $4 , 314 . 94 for the fiscal year ending June 30, 1979 . Mr. Cole asked if this is for the repainting? Mrs . Hill said this is $500 . 00 less than the original bill - the Committee thought this was fair. Mr. Herrell asked if we are going to repaint it . Mr. Niccolls did not recommend it. Mayor Rollins asked who the in- spector was on the job? Mr. Niccolls replied Kenneth Tater and Associates a coating inspections firm from Pittsburgh. He didn 't think the difference in color was noticed until it was completed and dry. The resolution was adopted by a vote of 5 to 1: Aye : Councilmembers Cole, Herrell , M. Hill, Murray and Tolbert. Nay: Mayor Rollins . 79-34 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30 , 1979 . 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 . An appropriation is made from the Utility Fund to Account No. 20110 . 231, Materials and Supplies, in the amount of $15, 000 for the fiscal year ending June 30, 1979 . MINUTES OF FEBRUARY 28 , 1979 MEETING. 2 ` 3 SECTION II . Appropriations are made from the General Fund to the accounts shown below for the fiscal year ending June 30 , 1979 , as follows: Account No. and Name Appropriation 1010 . 281, VML Dues & Subscriptions $ 255 . 00 4020 . 208 , Advertising & Printing 1, 600 . 00 10110 . 230, Snow & Ice Control Materials 1 , 000 . 00 Mayor Rollins asked if these are all supplemental 'appropriations? Mr. Niccolls said they are. The resolution was unanimously adopted: Aye: Councilmembers Cole, Herrell , M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. 79-35-RESOLUTION - EXPRESSING APPRECIATION TO THE PUBLIC WORKS DE- PARTMENT FOR SERVICES PERFORMED IN CONNECTION WITH MAJOR SNOWSTORMS . On motion of Mr. Murray, seconded by Mr. Tolbert, the follow- Ut ing resolution was proposed and unanimously adopted: WHEREAS , the Town of Leesburg experienced major snowstorms on February 8 and February 18 ; and WHEREAS , the Public Works Department spent many hours of regular time and overtime to remove snow from the streets of Leesburg and to clear the downtown area for parking; THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Council expresses its appreciation to the Public Works Department for a job well done. Aye : Councilmembers Cole, Herrell , M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. COMPLAINT CONCERNING SNOW REMOVAL: Mr. James N. Wilhoit, III, of 17 West Loudoun Street, said an intolerable situation has arisen in the block where he lives . Snow was piled up waist-high at his front door and that of a Doctor in the building. He personally hauled away five dump truck loads of snow one afternoon. This is a commercial area and it apparently is not recognized as such by the Town. He has cleaned it off several times , only to come back later and find it piled up on the sidewalks again. Most of this is ice, rather than snow. Various Council members felt this is his personal problem - they have, over the years, experienced similar situations which they had to solve themselves. This matter of snow removal was dis- cussed at great length, with several different opinions being ex- pressed as to how it should be handled. Mayor Rollins asked that the proper committee discuss this matter and try to establish some policies concerning snow removal, both from the streets and from the sidewalks as well . Mrs . Jan McVay addressed Council concerning the parking situa- tion on East Royal Street. Mayor Rollins advised her that Council discussed this earlier in the meetings when it was decided that it is not feasible to make it one-way with parking on both sides. It will be discussed by the proper committee and a recommendation made for consideration at the next meeting. He invited her to return at that time if she so desires . On motion of Mr. Murray, seconded by Mr . Cole, Council voted unanimously to adjourn the meeting at 8 : 47 P .M. Mayor /A' , /J. Clerk of the Council J