HomeMy Public PortalAbout1979_02_28 •
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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.
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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
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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.
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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'
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Clerk of the Council
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