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HomeMy Public PortalAbout1979_03_28 • MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 28 , 1979 . 310 A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street , Leesburg, Virginia, on March 28, 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 . Cole . 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 0 . Taylor, Chief of Police James M. Kidwell and Town Attorney George M. Martin. The minutes of the regular meeting of March 14, 1979 were ap- proved as written. PETITIONERS : Mr . C . Herbert Pearson, owner of "The Big Well" car wash, re- quested that the Town put an oil seal or some type of seal to hold down the dust on East First Street leading up to the car wash .The use of this road is creating a large amount of dust which seeps into the back of the businesses in Virginia Village . Mr . Herrell inquired as to how much more land there is to be developed in this area and if any money is in escrow for improvements . Mr . Pearson said there are about 14 acres in there and he is the only one who N has money in escrow. Mr . Niccolls said there are several differ- ent types of surfaces that could be applied - one would be chip and asphalt and roll it - another would be a sufficient- depth of blacktop similar to Fort Evans or Edwards Ferry Road . He will work up cost estimates . Council accepted this road into its sys- tem in early 1978 , but no funds were allocated for improvements . We just grade it and try to keep the major potholes repaired. Mr. Herrell asked if future development would tear up anything we might do to improve this road and if future developers would be assessed a percentage? Mr . Niccolls said a "made " road would be easier to maintain. Mr . Pearson said the only lots left to be developed would be the front ones , those across the street have al- ready been developed. He felt there would be an advantage in that this could be an area where commuters could park off to the side of the street and be safe . There is land below the apartment house to be developed, but the Town' s access goes only up to the apart- ments . Mr. Herrell did not think there is any reason for any road in town to be a dirt road . Mr. Murray asked if Harrison Street down by the mill is on the resurfacing list? Mr . Niccolls said this road needs some major work done on it before it can be paved. There is one alley to be done - the alley in Fairview Subdivision was done two years ago and has been a tremendous help to the people out there. Mr . Hill asked Mr. Niccolls to prepare a run-down on this for the next Public Works committee meeting, both on an emergency situation and on a perma- nent situation. Dr. James T. Gable , owner of the apartments , asked that Council consider paving this road at its earliest convenience . There are six families in this apartment house - there are children and school buses use this road. He pays the same taxes as those with paved roads and he felt such a road would be in good taste and good stead . Mr . Floyd Gooden, who runs a welding shop behind the apartments , said they would appreciate a paved road - they do generate a lot of traffic, as well as the car wash. MANAGER' S REPORT: Mr . Niccolls reported the following : (1) The Lamplighter was received from the printers this after- noon and will go in the mail tomorrow morning . He felt this is an especially nice looking issue - Mr . Minor is responsible for the editing, etc . He felt it contains a lot of valuable information. agbit MINUTES OF MARCH 28 , 1979 MEETING. 311 (2) We have sold 19 annual parking permits on the Vinegar Hill parking lot . We have learned that the printing shop located between King and Church Streets will be expanding their facilities and will be closing almost all of their parking area to the public . They were on a monthly rental basis , so many of the people parking there will probably be interested in our lot . He did not like to see any parking removed from the downtown area. (3) The proposed budget for 1979-80 is in the final stages of preparation and will be delivered either Friday or Monday . (4) Supplement No . 4 to the Town Code has been received. He asked that Councilmembers bring in their Codes and they will be brought up-to-date. We will try to get the next supplement to the Code corporation in July or August . (5) Mayor Rollins , Mr . Hill , Mr . Taylor and he attended meet- ings in New York last week with two rating companies , Moody' s and Standard and Poor ' s . They were very pleased with the reception they were given. The staff analysts were well prepared - they had the back-up materials provided by the Town and Mr . Wales and they had in depth questions prepared . Since this was the first trip of this CD kind, there is nothing to compare it with, however , he felt the ef- Q) fort was certainly worth it . They learned something about each CD other . Q COUNCILMEMBER INQUIRIES AND COMMENTS : Mr. Hill felt this trip was beneficial to the town and he got a lot out of it himself . He thought Mr. Niccolls did an excellent job and that they all contributed something to it . He said they are shooting for a "AA" rating. Mr . Tolbert said the Airport Committee activity is reported in the Manager ' s Activity Report . MAYOR' S REPORT : Mayor Rollins felt the meetings with the rating agences went very well and he was extremely proud of Leesburg' s financial • strength - it has only borrowed . 5 of 1 percent of the total amount we can borrow. He thought the two agencies were very much impressed with what they had to say . Leesburg is in a very, very sound position and he thinks the ratings and the bids will reflect this . Mayor Rollins said Council will have to be in session at 11 :00 A.M. on April 10 - it is mandatory for everybody to be present . A decision will have to be made at that time as to whether to ac- cept the bids . The money will be accepted on May 10th . Mr . Niccolls said the proposals will go out just a few days before we accept de- livery of the funds . Bids will be available and advertised in late May; they will be received June 29th and Council will be asked to approve or disapprove the contract at its first meeting in July . Mayor Rollins asked that Council discuss this project one last time before the bids go out - he asked that a schematic drawing of the plant be prepared and that the engineers be present to answer any questions - this to be done at the first meeting in May. Also , there is some question as to whether or not there should be fluori- dation of this system - this should be discussed before the bids go out . Mayor Rollins said he will move to table the resolution pro- posed tonight concerning the resurfacing of streets and appropria- tion of funds for same . First of all , it will give Council an op- portunity to discuss the situation presented tonight ; secondly, he has been very concerned about the resurfacing workthat has been done . He was concerned about last year ' s work - he could not say it was improperly done nor done to a degree that the contractor should not be paid for it - but it is not the quality of work we should be getting . The work done on Edwards Ferry Road last week was not quality work and he got the impression that Mr . Niccolls did not think it was top quality work either . This work is a large portion .of our Budget - last year we spent $120 ,000 and it is pro- posed to spend $115 , 000 this year . This work needs to be done , but MEW MINUTES OF MARCH 28 , 1979 MEETING . 312 we need a meeting of the minds between the contractor , him and the town. When we spend this sum of money, we deserve a better job than we 've been getting. He hoped the Council would support his move to table this resolution so they can "get this act to- gether . " He talked to Mr. Shope about the Edwards Ferry Road work and he said they used too heavy a piece of equipment - they shouldn' t be doing the work if the equipment is not the proper size and we shouldn' t be allowing them to do it . He said he likes good look- ing streets when they are finished and, as far as he is concerned, "we ' re going to have good looking streets . " He wants Mr . Niccolls to take a more personal hand in this work this year because he thinks he knows the problem and how to solve it . He wants him to see if we can' t get a better job than we 've been getting over the years . This is a matter of great concern to him and he wants it corrected. Also, there are a lot of sections that are getting too high off the sidewalks - we need some program to take this asphalt off at some stage before we contine to put asphalt on top of as- phalt. This is particularly true on Market Street , Loudoun Street and South King Street - the crown is so high that the water will run off on the sidewalks and into the buildings . He was also con- cerned about the lack of coordination between the resurfacing of the streets and the sidewalk repairs - the repairs should be done O before the street is resurfaced. CD Mr . Niccolls said he has no problem with holding it over . aO Council asked for an early preparation of bid documents and speci- D fications . We then received a special proposal from the contractor to extend last year ' s prices beyond the original contract if we ordered the work early . This is a timely way for the town to save a substantial amount of money, however, he did not think he would have proposed $115 , 000 in resurfacing work this year . He had plans for doing some restorative type street construction in the Budget . Concerning the quality of the work, the Mayor' s review of the street resurfacing program last year does not fairly lead to the conclusion that the work was improperly administered or improperly done by the contractor . On the contrary, he thinks the town re- ceived full money ' s worth for the resurfacing contract done last year . There are always some problems in a $120 ,000 contract in the fact that a curb height reduction occurs , or if a pavement is a little bit rough in some places doesn' t necessarily lead to the conclusion that something is terribly wrong with the town' s resurfacing program. The work on Edwards Ferry Road has about four minor defects , all of which are subject to correction and orders for which have already been issued to the contractor . Mr . Shope has already met with the contractor and made arrangements for the work to be done . He did not think it fair to say that all of the resurfacing work done over the last years is defective . Leesburg does not have potholes compared to a lot of other areas after the long hard winter - our streets are in excellent shape and the resurfacing program has been successful . Any resurfacing program spending $120 , 000 will have some defects and minor imper- fections and perhaps debate as to what material should have been used in a specific location. In analyzing what has to be done this year so that we don' t have critical reviews after the work is done, Mr . Shope and he will walk over all of the roads with anyone that is interested and make a list of all the problems they foresee . You are dealing in existing conditions , so there will be some problems . You have to agree to live with a few defects, to work them out , make necessary corrections and ignore the little imperfections that are not harmful to the structure or to traffic safety or conditions . The loss of curb height is a very serious problem because it affects drainage and traffic safety . The only remedy known to man is to rip the street up , regrade it and lower the pavement when you repave it at great cost , or raise the curbs , which in turn means raising the sidewalks and building and driveway entrances . There are some situations that are amenable to rejuve- nating.existingpavement at the existing grade - this a new technique and we are investigating it to see if it can be used here . This is a difficult procedure to undertake, it is expensive and there are few contractors that can handle it . Concerning coordination of sidewalk repairs , there are so many to be done that it is not possible to hold up $120 , 000 worth of street resurfacing for them. MINUTES OF MARCH 28 , 1979 MEETING . 1 3 In looking at the map, there will be some conflict on South King and Loudoun Streets , but he did not see any on the others . We are 25 years behind in maintaining our sidewalks and curbs and gutters and the catch-up of this work can' t wait . In summary, they will not be able to resolve every question of paving quality to the satisfaction of all people . For the thousands of tons that are placed, we will get our money ' s worth. Where there are defects , they will be corrected. He proposed a million dollar bond issue last year to rebuild some of the downtown streets , but he doesn' t think we are ready for this yet . Mayor Rollins said the trench lines on Anne Street will have to be cut out . He said the work done on North Street last year was not a good job and he took Mr . Walters out there and he agreed. Mr . Niccolls asked if he did not agree to fix it? Mayor Rollins ' reply was that there is no reason why we can' t get good quality work here, "but we 're going J to get it or I 'm not going to be here . " He said we are going to concentrate on getting it done - he is not talking about person- alities , he ' s referring to the Town v. the contractor . He said the quality can be better . Mr . Niccolls agreelone hundred percent . 79-43 - RESOLUTION - AUTHORIZING THE ISSUANCE AND SALE OF $150 , 000 PUBLIC PARKING FACILITY BONDS , SERIES OF 1979 , OF THE TOWN OF LEESBURG, VIRGINIA, HERETOFORE AUTHORIZED, AND PROVIDING FOR THE FORM; DETAILS Lit AND PAYMENT THEREOF . of ``J On motion of Mr . Hill , seconded by Mr . Tolbert, the following L. f-. resolution was proposed : C WHEREAS, the issuance of general obligation bonds of the Town of Leesburg, Virginia, in the maximum amount of $150 , 000 was authorized by an ordinance adopted by the Council of the Town of Leesburg on September 27 , 1978 , to finance the development of a surface parking facility for public use ; and WHEREAS, none of such bonds have been issued and sold; BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF LEESBURG, VIRGINIA: 1 . There are hereby authorized to be issued and sold $150 , 000 general obligation public parking facility bonds of the Town of Leesburg, Virginia . 2 . The bonds shall be coupon bonds without privilege of registration, shall be designated "Public Parking Facili- ty Bonds , Series of 1979 , " shall be dated May 1, 1979 , shall be of the denomination of $5 , 000 each , shall be numbered from 1 to 13 , inclusive, and shall mature in installments of $50 , 000 on May 1 , 1984, May 1 , 1989 , and May 1 , 1994. The bonds shall bear interest at such rate or rates as deter- mined at the time of sale , payable semiannually on May 1 and November 1 . Both principal and interest shall be pay- able in lawful money of the United States of America at the principal office of First & Merchants National Bank, Richmond, Virginia, or Chase Manhattan Bank, N.A. , New York, New York, at the option of bearer . 3 . Bonds maturing on or before May 1 , 1989 , are not subject to redemption prior to maturity . Bonds maturing on or after May 1 , 1990 , are subject to redemption prior to maturity at the option of the Town on or after May 1 , 1989 , in whole at any time or in part on any interest pay- ment date, upon payment of the principal amount of the bonds to be redeemed plus interest accrued and unpaid to the redemption date and a redemption premium of one-quarter of one percent (1/4 of 1%) of such principal amount for each six month period, or part thereof , between the redemption date and the stated maturity date of the bonds to be re- deemed. If less than all of the bonds are called for re- demption, the bonds to be redeemed shall be selected by =•s1 v 110!9= MINUTES OF MARCH 28 , 1979 MEETING . 314 the Director of Finance in such manner as he may determine to be in the best interest of the Town. The Town Council shall cause notice of the call for redemption identifying the bonds to be redeemed to be published twice in both a financial journal published in the City of New York, New • York, and in a newspaper of general circulation published in the City of Richmond, Virginia, the first publications of which shall appear not less than 30 nor more than 60 days prior to the redemption date . 4. The bonds shall be signed by the facsimile signa- ture of the Mayor of the Town of Leesburg, shall be counter- signed by its Clerk and a facsimile of its seal shall be printed on the bonds . The coupons attached to the bonds shall be authenticated by the facsimile signatures of the Mayor and the Clerk. 5 . The bonds and coupons shall be in substantially the following form: (FORM OF BOND) CD No. $5 , 000 Cb UNITED STATES OF AMERICA CD Q COMMONWEALTH OF VIRGINIA TOWN OF LEESBURG Public Parking Facility Bond, Series of 1979 The Town of Leesburg, Virginia , for value received, hereby acknowledges itself indebted and promises to pay to bearer upon presentation and surrender hereof the princi- pal sum of FIVE THOUSAND DOLLARS ($5 , 000) on May 1 , 19 , and to pay interest thereon from the date hereof until payment at the rate of percent ( 70) per year , payable semiannually on May1and November 1 upon presentation and surrender of the attached coupons as they become due . Both principal of and interest on this bond are payable in lawful money of the United States of America at the principal office of First & Merchants Nat- ional Bank, Richmond, Virginia, or Chase Manhattan Bank, N.A. , New York, New York, at the option of bearer . This bond is one of an issue of $150 ,000 public park- ing facility bonds of like date and tenor , except as to number , rate of interest , privilege of redemption and ma- turity, authorized by ordinance duly adopted by the Council of the Town of Leesburg on September 27 , 1978 , and is issued pursuant to the Constitution and statutes of 'the Commonwealth of Virginia, including the Town Charter (Chapter 433 , Acts of Assembly of 1962 , as amended) and the Public Finance Act , as amended, to provide funds to finance the development of a surface parking facility for public use . Bonds maturing on or before May 1 , 1989 , are not sub- ' ject to redemption prior to maturity. Bonds maturing on or after May 1 , 1990 , are subject to redemption prior to maturity at the option of the Town on or after May 1 , 1989 , in whole at any time or in part on any interest payment date, upon payment of the principal amount of the bonds to be redeemed plus interest accrued and unpaid to the re- demption date and a redemption premium of one-quarter of one percent (1/4 of 1%) of such principal amount for each six month period, or part thereof, between the redemption date and the stated maturity date of the bonds to be re- deemed. If less than all of the bonds are called for re- t5. MINUTES OF MARCH 28 , 1979 MEETING . demption, the bonds to be redeemed shall be selected by the Director of Finance in such manner as he may deter- mine to be in the best interest of the Town. The Town Council shall cause notice of the call for redemption indemnifying the bonds to be redeemed to be published twice in both a financial journal published in the City of New York, New York, and in a newspaper of general cir- culation published in the City of Richmond, Virginia, the first publications of which shall appear not less than 30 nor more than 60 days prior to the redemption date. The full faith and credit of the Town of Leesburg are hereby irrevocably pledged for the payment of principal of and interest on this bond . All acts , conditions and things required by the Consti- tution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the is- sue of bonds of which this bond is one , together with all other indebtedness of the Town of Leesburg, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia . IN WITNESS WHEREOF, the Town of Leesburg, Virginia, has caused this bond to be signed by the facsimile signature of its Mayor, to be countersigned by its Clerk, a facsimile of its seal to be printed hereon, the attached coupons to be 4• authenticated by the facsimile signatures of its Mayor and Clerk, and this bond to be dated May 1 , 1979 . • COUNTERSIGNED: (SEAL) Clerk, Town of Leesburg, Mayor, Town of Leesburg, Virginia Virginia (FORM OF COUPON) No. $ May On November 1 , 19 , unless the bond to which this coupon is attached has—been duly called for prior redemp- tion and provision made for payment thereof , the Town of Leesburg, Virginia, will pay to bearer the sum of Dollars ($ ) in lawful money of the United States of America at the principal office of First & Merchants National Bank, Richmond, Virginia , or Chase Manhattan Bank, N.A. , New York, New York, at the op- tion of bearer , being the semiannual interest then due on its Public Parking Facility Bond , Series of 1979 , dated May 1 , 1979 , and numbered (SEAL) Clerk, Town of Leesburg, Mayor , Town of Leesburg Virginia Virginia 6 . The full faith and credit of the Town of Leesburg are hereby irrevocably pledged for the payment of principal of and interest on the bonds . There shall be levied and collected annually on all locally taxable property in the Town an ad valorem tax over and above all other taxes au- thorized or limited by law sufficient to pay such principal and interest as the same respectively become due and payable . 7 . The bonds shall be combined with $5 , 000 , 000 Water Bonds , Series of 1979 , authorized by an ordinance adopted by the Town Council on May 24 , 1978 , and offered for sale as if the two issues constituted a single issue of $5 , 150 , 000 bonds . The Town Manager , in collaboration with Municipal Advisors Incorporated , the Town' s financial ad- visor , is hereby authorized and directed to take all proper MINUTES OF MARCH 28 , 1979 MEETING. 316 steps to advertise the bonds for sale substantially in ac- cordance with the Notice of Sale attached hereto as Exhibit A. The Town Manager may make such changes in the Notice of Sale not inconsistent with the provisions of this resolution as he may consider in the best interest of the Town. 8 . The printer ' s proof of a Prospectus describing the bonds , copies of which have been provided each member of the Town Council , is hereby approved as the Prospectus of the Town. The Town Manager may make such changes in the proof of the Prospectus not inconsistent with this resolu- tion as he may consider in the best interest of the Town. The Prospectus shall then be printed and copies provided to prospective bidders for the bonds . Following receipt of bids and the award of the bonds , the Town Manager shall arrange for the delivery to the purchasers of the bonds of up to 300 copies of the Prospectus to be delivered to the persons to whom such purchasers and members of their bidding group initially sell the bonds . 9 . After bids have been received and the bonds awarded, C) the Town Manager, the Mayor and the Clerk are hereby author- ized and directed to take all proper steps to have the bonds CD prepared and executed in accordance with their terms and to deliver the bonds to the purchasers thereof upon payment therefor . 10 . Such officers of the Town of Leesburg as may be requested are hereby authorized to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the bonds issued pursuant hereto in order to show that such expected use and investment will not violate the provisions of § 103 (c) of the Internal Revenue Code of 1954, as amended, and regulations issued pursuant thereto, applicable to "arbitrage bonds" . Such certificate shall be in such form as may be requested by bond counsel for the Town. 11 . The Clerk is hereby authorized and directed to see to the immediate filing of a certified copy of this resolution with the Circuit Court of Loudoun County and within ten days thereafter to cause to be published once in a newspaper of general circulation in the Town of Lees- burg a notice setting forth (1) in brief and general terms the purpose for which the bonds are to be issued and (2) the amount of such bonds . 12 . The Town Council agrees not to sell any general obligation bonds of the Town during the next 90 days fol- lowing the sale of the bonds without the consent of the managing underwriter of the bonds . 13 . The Director of Finance is hereby directed to apply from the proceeds of the bonds such amount as may be necessary to pay any notes issued in anticipation of the issuance and sale of the bonds . 14. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 15 . This resolution shall take effect immediately . Mrs . Hill inquired as to what type of changes will be made by the Manager as mentioned in Paragraph 8 of the resolution? Mr . Niccolls said these will be just typographical and spelling changes . Mr . Niccolls explained that $50 , 000 w4lbe redeemed after five years , another $50 , 000 after 10 years and we may call the balance if we want in 1989 . Mr . Hill pointed out that , by combining the two bond issues , a considerable amount of money has been saved . The resolution was adopted by a unanimous roll call vote : Aye : Councilmembers Cole, Herrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins . Nay: None . `. 1 P MINUTES OF MARCH 28 , 1979 MEETING . 79-44 - RESOLUTION - AUTHORIZING THE ISSUANCE AND SALE OF $5 ,000 , 000 WATER BONDS , SERIES OF 1979 , OF THE TOWN OF LEESBURG, VIRGINIA, HERETOFORE AUTHORIZED, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT ' THEREOF . On motion of Mr. Cole , seconded by Mr . Tolbert , the following resolution was proposed : WHEREAS , the issuance of general obligation bonds of the Town of' Leesburg, Virginia, in the maximum amount of $5 ,000 ,000 was authorized by an ordinance adopted by the Council of the Town of Leesburg on May 24, 1978 , to provide funds , together with other funds that may be available, to improve and enlarge the Town' s water system, including con- struction of a water intake structure, a filtration and • treatment plant , storage facility, pumping station and transmission mains ; and WHEREAS , none of such bonds have been issued and solid; BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF LEESBURG, VIRGINIA: 1 . There are hereby authorized to be issued and sold Cq $5 , 000 , 000 general obligation water bonds of the Town of Leesburg, Virginia. 2 . The bonds shall be coupon bonds without privilege of registration, shall be designated "Water Bonds , Series of 1979 , " shall be dated May 1 , 1979 , shall be of the de- nomination of $5 , 000 each , shall be numbered from 1 to 1 , 000 , inclusive , and shall mature in installments on May 1 in years and amounts as follows : Year Amount Year Amount 1980 $ 50 ,000 1993 $250 ,000 1981 50 , 000 1994 250 ,000 1982 100 ,000 1995 250 ,000 1983 100 ,000 1996 250 , 000 1984 100 ,000 1997 250 , 000 1985 100 , 000 1998 250 , 000 1986 100 , 000 1999 300 , 000 1987 100 , 000 2000 300 , 000 1988 100 , 000 2001 300 , 000 1989 200 ,000 2002 300 ,000 1990 200 ,000 2003 300 ,000 1991 250 ,000 2004 300 ,000 1992 250 , 000 The bonds shall bear interest at such rate or rates as de- termined at the time of sale , payable semiannually on May 1 and November 1 . Both principal and interest shall be pay- able in lawful money of the United States of America at the ' principal office of First & Merchants National Bank, Rich- mond, Virginia, or Chase Manhattan Bank, N.A. , New York, New York , at the option of bearer . 3 . Bonds maturing on or before May 1 , 1989 , are not subject to redemption prior to maturity. Bonds maturing on or after May 1 , 1990 , are subject to redemption prior to maturity at the option of the Town on or after May 1 , 1989 , in whole at any time or in part on any interest pay- ment date , upon payment of the principal amount of the bonds to be .redeemed plus interest accrued and unpaid to the redemption date and a redemption premium of one-quarter of one percent (1/4 of 1%) of such principal amount for each six month period , or part thereof , between the re- demption date and the stated maturity date of the bonds to be redeemed, provided that the' redemption premium shall not exceed 3% of such principal amount . If less than all of the bonds are called for redemption, the bonds to be xx�r. MINUTES OF MARCH 28 , 1979 MEETING . 318 redeemed shall be selected by the Director of Finance in such manner as he may determine to be in the best interest of the Town. The 'bwn Council shall cause notice of the call for redemption identifying the bonds to be redeemed to be published twice in both a financial journal pub- lished in the City of New York, New York, and in a news- paper of general circulation published in the City of Richmond, Virginia, the first publications of which shall appear not less than 30 nor more than 60 days prior to the redemption date . 4. The bonds shall be signed by the facsimile signa- 1 ture of the Mayor of the Town of Leesburg, shall be counter- signed by its Clerk and a facsimile of its seal shall be printed on the bonds . The coupons attached to the bonds shall be authenticated by the facsimile signatures of the Mayor and the Clerk. 5 . The bonds and coupons shall be in substantially the following form: (FORM OF BOND) O No . $5 ,000 cD UNITED STATES OF AMERICA C COMMONWEALTH OF VIRGINIA TOWN OF LEESBURG Water Bond, Series of 1979 The Town of Leesburg, Virginia, for value received, hereby acknowledges itself indebted and promises to pay to bearer upon presentation and surrender hereof the prin- cipal sum of FIVE THOUSAND DOLLARS ($5 ,000) on May 1 , 19 , and to pay interest thereon from the date hereof until payment at the rate of percent ( %) per year, payable semiannually on. May1and November upon presentation and surrender of the attached coupons as they become due . Both principal of and interest on this bond are payable in lawful money of the United States of America at the principal office of First & Merchants Nat- ional Bank, Richmond, Virginia , or Chase Manhattan Bank, N.A. , New York, New York, at the option of bearer . This bond is one of an issue of $5 ,000 ,000 water bonds of like date and tenor, except as to number , rate of inter- est , privilege of redemption and maturity, authorized by ordinance duly adopted by the Council of the Town of Lees- burg on May 24, 1978 , and is issued pursuant to the Consti- tution and statutes of the Commonwealth of Virginia , includ- ing the Town Charter (Chapter 433 , Acts of Assembly of 1962 , as amended) and the Public Finance Act , as amended, to pro- vide funds , together with other available funds , to finance improvements and enlargements to the Town' s water system. Bonds maturing on or before May 1 , 1989 , are not subject to redemption prior to maturity. Bonds maturing on or after May 1 , 1990 , are subject to redemption prior to maturity at the option of the Town on or after May 1, 1989 , in whole at any time or in part on any interest payment date, upon pay- ment of the principal amount of the bonds to be redeemed plus interest accrued and unpaid to the redemption date and a redemption premium of one-quarter of one percent (1/4 of 1%) of such principal amount for each six month period, or part thereof, between the redemption date and the stated maturity date of the bonds to be redeemed, provided that MINUTES OF MARCH 28 , 1979 MEETING . `L, 1 9 the redemption premium shall not exceed 3% of such princi- pal amount . If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected by the Director of Finance in such manner as he may determine to be in the best interest of the Town. The Town Council shall cause notice of the call for redemption identifying the bonds to be redeemed to be published twice in both a financial journal published in the City of New York, New York, and in a newspaper of general circulation published in the City of Richmond, Virginia, the first publications of which shall appear not less than 30 nor more than 60 days prior to the redemption date . The full faith and credit of the Town of Leesburg are hereby irrevocably pledged for the payment of principal of and interest on this bond . All acts , conditions and things required by the Consti- tution and statutes of the Commonwealth of Virginia to hap- pen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of the Town of Leesburg, is with- in every debt and other limit prescribed by the Constitution 117and statutes of the Commonwealth of Virginia . C IN WITNESS WHEREOF, the Town of Leesburg, Virginia,Ng, has caused this bond to be signed by the facsimile signature of '.� its Mayor, to be countersigned by its Clerk, a facsimile of its seal to be printed hereon, the attached coupons to be authenticated by the facsimile signatures of its Mayor and Clerk, and this bond to be dated May 1 , 1979 . COUNTERSIGNED: (SEAL) Clerk, Town of Leesburg, Mayor , Town of Leesburg, Virginia Virginia (FORM OF COUPON) No . $ May On November 1 , 19 , unless the bond to which this coupon is attached has-Teen duly called for prior redemp- tion and provision made for payment thereof, the Town of Leesburg, Virginia, will pay to bearer the sum of Dollars ($ ) in lawful money of the United States of America at the principal office of First & Merchants National Bank, Rich- mond, Virginia, or Chase Manhattan Bank, N.A. , New York, New York, at the option of bearer, being the semiannual interest then due on its Water Bond, Series of 1979 , dated May 1, 1979 , and numbered (SEAL) Clerk, Town of Leesburg, Mayor, Town of Leesburg, Virginia Virginia 6 . The full faith and credit of the Town of Leesburg are hereby irrevocably pledged for the payment of principal of and interest on the bonds . There shall be levied and collected annually on all locally taxable property in the Town an ad valorem tax over and above all other taxes au- thcrized or limited by law sufficient to pay such principal and interest as the same respectively become due and payable . 7 . The bonds shall be combined with $150 , 000 Public Parking Facility Bonds , Series of 1979 , authorized by an ordinance adopted by the Town Council on September 27 , 1978 , and offered for sale as if the two issues constituted a single issue of $5 , 150 ,000 bonds . The Town Manager, in col- laboration with Municipal Advisors Incorporated, the Town' s MINUTES OF MARCH 28 , 1979 MEETING . 320 financial advisor, is hereby authorized and directed to take all proper steps to advertise the bonds for sale substantially in accordance with the Notice of Sale at- tached hereto as Exhibit A. The Town Manager may make such changes in the Notice of Sale not inconsistent with the provisions of this resolution as he may consider in the best interest of the Town. 8 . The printer' s proof of a Prospectus describing the bonds , copies of which have been provided each mem- ber of the Town Council, is hereby approved as the Pros- , pectus of the Town. The Town Manager may make such changes in the proof of the Prospectus not inconsistent with this resolution as he may consider in the best in- terest of the Town. The Prospectus shall then be printed and copies provided to prospective bidders for the bonds . Following receipt of bids and the award of the bonds , the Town Manager shall arrange for the delivery to the pur- chasers of the bonds of up to 300 copies of the Prospectus to be delivered to the persons to whom such purchasers and members of their bidding group initially sell the bonds . CM O 9 . After bids have been received and the bonds a- warded the Town Manager, the Mayor and the Clerk are here- by authorized and directed to take all proper steps to have the bonds prepared and executed in accordance with their Q terms and to deliver the bonds to the purchasers thereof upon payment therefor . 10 . Such officers of the Town of Leesburg as may be requested are hereby authorized to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the bonds issued pursuant hereto in order to show that such expected use and investment will not violate the provisions of §103 (c) of the Internal Reve- nue Code of 1954, as 'amended, and regulations issued pur- suant thereto , applicable to "arbitrage bonds" . Such certificate shall be in such form as may be requested by bond counsel for the Town. 11 . The Clerk is hereby authorized and directed to see to the immediate filing of a certified copy of this resolution with the Circuit Court of Loudoun County and within ten days thereafter to cause to be published once in a newspaper of general circulation in the Town of Lees- burg a notice setting forth (1) in brief and general terms the purpose for which the bonds are to be issued and (2) the amount of such bonds . 12 . The Town Council agrees not to sell any general obligation bonds of the Town during the next 90 days fol- lowing the sale of the bonds without the consent of the managing underwriter of the bonds . 13 . All resolutions or parts of resolutions in con- flict herewith are hereby repealed. 14. This resolution shall take effect immediately . The resolution was unanimously adopted by a roll call vote : Aye : Councilmembers Cole, Herrell, D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins . Nay : None . Mayor Rollins commended Mr . Niccolls for his excellent jobof pre- paring and presenting answers to questions by the bond rating agencies . PROPOSED RESOLUTION AUTHORIZING ADDITIONAL STREET RESURFACING . On motion of Mayor Rollins , seconded by Mr . Tolbert , it was proposed to table the suggested resolution. Mr . Hill asked how long •we can defer action to take advantage of the price? Mr . Niccolls said we have a letter commitment from the contractor MINUTES OF MARCH 28 , 1979 MEETING . 321 but he was not sure whether there was a deadline . If there is , he will tell the Mayor and perhaps a special meeting could be called. Mayor Rollins felt we can accept their offer of extend- ing last year ' s contract , with the streets to be resurfaced and the resolution to follow. The only question is what work will be done. Mr. Murray understood that this price will apply for any work we do between now and June 1st . Mr. Niccolls said it is ex- pected that this work will be done in April and May - in fact , it can be done in a week. With no objection from Council , Mayor Rol- lins suggested that they be told that Council has agreed to the extension of the contract and will give formal approval at the next meeting as to the amount of money and the streets to be done . He thought the amount of money might be changed. Council voted unanimously to table the resolution: Aye : Councilmembers Cole , Herrell, D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins . Nay : None. 79-45 - RESOLUTION - ESTABLISHING CERTAIN SNOW REMOVAL POLICIES . On motion of Mr. Murray, seconded by Mr. Cole, the following Ct resolution was proposed : CO RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Q SECTION I . The following policies will apply to Public Works Department snow removal operations throughout town: a. Other than adjacent to town property, snow is not be removed from sidewalks . b . When necessary during significant snow accumulations , snow plowed to the curb will be collected and removed when adjacent to metered parking spaces on the metered side of the street only , except that accumulations will be removed from both sides of King Street between the Cornwall and Loudoun Street intersections , and on Mar- ket Street between the Church Street and Liberty Street intersections where there is metered parking. SECTION II . Interpretation and administration of these poli- cies shall be the responsibility of the manager . Mr. Herrell questioned as to whether they were talking about re- moving snow from the streets only on King Street and not from the sidewalks . Mr. Niccolls said this is on the streets only. The resolution was unanimously adopted : Aye : Councilmembers Cole , Herrell , D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins . Nay : None . 79-46 - RESOLUTION - REQUESTING AN URBAN TRANSPORTATION PLANNING STUDY FOR CATOCTIN CIRCLE BETWEEN MARKET STREET AND EDWARDS FERRY ROAD . On motion of Mrs . Hill , seconded by Mr . Murray, the following resolution was proposed: WHEREAS , a need exists for the extension of Catoctin Circle between Market Street and Edwards Ferry Road; and WHEREAS , for this stretch of road to be eligible for state urban funds for construction, reconstruction, or improve- ment, it must be designated an urban arterial by an urban transportation planning study conducted by or for the Vir- ginia Department of Highways and Transportation; and WHEREAS, the Leesburg Planning Commission has requested that this planning study be conducted: G t f�`" MINUTES OF MARCH 28 , 1979 MEETING . 322 THEREFORE, RESOLVED, Leesburg herewith requests that the Virginia Department of Highways and Transportation conduct an urban transportation planning study for extension of Catoctin Circle between Market Street and Edwards Ferry Road. Mr . Hill pointed out that this study must be made if this project is ever to be done , and it will be done at the State ' s expense . He understood that the Highway Department has made just about all the commitments it can for a while to Leesburg, but this will be done eventually. Mr. Herrell questioned where it will come out at Edwards Ferry Road. It was explained that it will take a house but the owner wants this . Mr. Niccolls said the State will tell us where it will come out - this is a preliminary engi- neering report on the location, the proposed width and the type of road it will be . He was not sure it has to be a four-lane road. The resolution was unanimously adopted: Aye : Councilmembers Cole, Herrell, D. Hill , M. Hill , Murray , Tolbert and Mayor Rollins . Nay: None. O Mayor Rollins had received a communication from Mr . Bolen, the County Administrator, requesting an expression of opinion from the Council as to whether or not they wish to participate in a communications workshop . Mr . Hill felt that it is impor- tant that the Town and the County work together . It was further explained that this workshop would be between governmental bodies and the press It was not felt that we have any problems with the press , so the Mayor will advise Mr . Bolen that we, therefore , have no interest in such a workshop between governmental bodies and the press . Perhaps there should be such a meeting though between the Town and County officials . The resolution was unanimously adopted: Aye : Councilmembers Cole , Herrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins . Nay : None . 79-47 - RESOLUTION - ADOPTING AND APPROVING THE EXECUTION OF A GRANT AMENDMENT BETWEEN THE TOWN OF LEESBURG, VIRGINIA, AND THE UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION, PROVIDING FOR FEDERAL AID IN THE DEVELOPMENT OF LEES- BURG MUNICIPAL AIRPORT (GODFREY FIELD) . On motion of Mr. Tolbert , 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 Council of the Town of Leesburg shall enter into Grant Amendment No . 1 with the United States for the purpose of obtaining federal aid in the development of Leesburg Municipal Airport (Godfrey Field) by executing the amendment . SECTION II . John Niccolls , Town Manager , is hereby author- ized and directed to execute said grant amendment in five copies on behalf of the Council of the Town of Leesburg, and Dot Rosen, Clerk of the Council , is hereby authorized and directed to impress the official seal of the Council of the Town of Leesburg to attest said execution. SECTION III . The grant amendment referred to above is in- corporated herein by reference and a copy is attached. Mr. Niccolls explained that this "wraps up" the project at the Airport . The resolution was unanimously adopted: Aye : Councilmembers Cole , Herrell, A Hill , M. Hill, Murray, Tolbert and Mayor Rollins . Nay : None . MINUTES OF MARCH 28 , 1979 MEETING. 3 79-48 - RESOLUTION - GRANTING RIGHTS-OF-WAY AND EASEMENTS TO CHESA- PEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA ON LEESBURG MUNICIPAL PROPERTY ON EVERGREEN MILL ROAD. On motion of Mrs . Hill, seconded by Mr. Hill , the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Mayor is authorized to execute agreements granting to the Chesapeake and Potomac Telephone Company of Virginia rights-of-way and easements on Leesburg municipal prop- erty and easements on Evergreen Mill Road to construct , operate, maintain, replace and remove a communication system consisting of such buried cables , buried wires , posts , terminals , location markers and other appurte- nances , as grantees may from time to time require, upon, under, across and over the land which the undersigned owns or in which the undersigned has any interest, and upon, under , along and over the roads , streets and high- ways adjoining the said land, together with rights of ingress and egress over, under and across the lands of u; the undersigned to and from said systems for the purpose of exercising the rights herein granted; to open and close CV fences ; to cut down and keep cut down all trees and under- growth within ten (10) feet of said system, to carry in said system, the wires , cables , circuits and appurtenances of any other company, including all electric wires , and to bury cable as shown on plats attached to said agree- ments . The Company will pay for damage to fences and growing crops arising from the construction and maintenance of the aforesaid system. Aye : Councilmembers Cole, Herrell , D. Hill , M. Hill , Murray, berte . and Mayor Rollins . Nay : TolNon 79-49 - RESOLUTION - REFERRING A LETTER TO THE COUNTY OF LOUDOUN FROM MANAGEMENT PARTNERSHIP , INC . REGARDING , FINANCIAL ASSISTANCE FOR THE LOUDOUN HOUSE SWIMMING POOL . On motion of Mrs . Hill , seconded by Mr . Tolbert , the following resolution was proposed: WHEREAS , this Council is in receipt of a letter from the Management Partnership , Inc . , requesting the Town of Leesburg and Loudoun County consider financial assist- ance for the operation of the Loudoun House swimming pool ; and WHEREAS , the Town of Leesburg does not fund recreation programs since Loudoun County, through its Parks and Recreation Department , annually operates swimming pools and other recreational facilities using tax and other revenue from Leesburg and Loudoun County residents ; and WHEREAS , nearly 500 children each summer depend on the Loudoun House swimming pool for recreation and relief from summer heat ; and WHEREAS , the Goose Creek facility is inadequate to meet the needs of the Loudoun House community : THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . This Council requests the Loudoun County Board of Supervisors investigate appropriate support for the Loudoun House pool including transportation to Goose Creek or employment of county life guards through its Parks and Recreation Department . MINUTES OF MARCH 28 , 1979 MEETING . 324 SECTION II . The manager is authorized and directed to transmit to the Loudoun County Board of Supervisors the February 22, 1979 letter from the Management Partnership , Inc . , along with a copy of this resolution. On motion of Mrs . Hill , seconded by Mr . Hill , it was proposed to strike paragraphs 3 , 4 and 5 and to change Section I to read: "This Council investigate if it is appropriate for the County to support the Loudoun House pool Mrs . Hill felt that we are not sure of the facts in paragraphs 3, 4 and 5 and that Section I should be asking them rather than telling them to investigate . Mr . Herrell felt the resolution should remain as it is written. Mr . Minor said Mrs . Gouveia quoted that 500 children use the pool . Also, the letter stated that various improvements have been made over the last couple of years and they don' t have the funds to operate the pool this year. The letter would explain to a certain extent why they are asking for aid . Mrs . Hill asked why the letter was so long in getting to them. Mr. Minor said it was not an emergency situation. Mr . Hill asked if the pool would be open to the public if it receives ID County assistance? Mr . Niccolls felt it would have to be - Loud- oun House would have to enter into a lease with the County and the County would run it . Mr . Minor said it is indicated that other organizations do use the pool . Mr . Murray saw nothing wrong with the resolution as it is written - the Town does not deal in recreation services and the County does , so all we are doing is forwarding it on to them. The amendment to the reso- lution was defeated by a vote of 5 to 2 : Aye : Councilmembers M. Hillland .Tolbert . Nay : Councilmembers Cole , Herrell , D. Hill, Murray and Mayor Rollins . The resolution, as written, was unanimously adopted: Aye : Councilmembers Cole , Herrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins . Nay : None . 79-50 - RESOLUTION - AUTHORIZING A CONTRACT FOR ARCHITECTURAL SERVICES AND MAKING AN APPROPRIATION. On motion of Mayor Rollins , seconded by Mr . Murray, the fol- lowing resolution was proposed: RESOLVED by the Council for the Town of Leesburg, Vir- ginia, as follows : SECTION I . The manager is authorized and directed to enter into an agreement with Leon Chatelain, III, AIA, 34 South King Street, Leesburg, Virginia, for architec- tural services for renovation of the Council Chambers at 10 West Loudoun Street, at a cost for the schematic design phase not to exceed $600 . 00 . SECTION II . An appropriation is made from the General Fund to Account No. 10210 . 802 , Council Chambers Restora- tion, in the amount of $600 . 00 for the fiscal year ending June 30 , 1979 . Mayor Rollins introduced the idea of having someone tell us what might be done to improve the exterior of this building before it is painted. Mr . Niccolls said his price is $40 .00 per hour and our not to exceed figure is $600 - he felt the price would come in at around $400 . After you see the first stage, then it will be decided as to whether or not to go further, and secure other services from him to do the detailed design work. There being no objection to considering this tonight, Council unanimously adopted the resolution. The work is to be finished by April 17 . Aye : Councilmembers Cole , Herrell, D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins . Nay : None . MINUTES OF MARCH 28 , 1979 MEETING . 325 79-51 - RESOLUTION - MAKING AN APPROPRIATION FOR THE FISCAL_ YEAR ENDING JUNE 30 , 1973 . On motion of Mrs . Hill , seconded by Mr . Cole, the follow- ing resolution was proposed : RESOLVED by the Council for the Town of Leesburg in Vir- ginia as follows : An appropriation is made from the Utility Fund to Account No. 20600 . 801A, Facility Planning Step I , in the amount of $29 , 750 for the fiscal year ending June 30 , 1979 . Mayor Rollins asked why we are appropriating the full amount? Mr . Niccolls said this is for the land treatment study and our procedures require the full appropriation and we will have the grant flow in later on. We have to pay the full amount , then prove we have paid it and then we will be reimbursed. Another 60 days should finish it up - they will need a workshop with the Council before it is completed. On a preliminary basis , they have identified the need for 2 , 000e of land to operate this system. By comparison, Leesburg hag72, 200 acres in its corporate limits . The resolution was unanimously adopted : Aye: Councilmembers Cole, Herrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins . Nay: None . r.µ 79-51 - RESOLUTION - MAKING AN APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30 , 1979 . On motion of Mrs . Hill, seconded by Mr . Cole , the following resolution was proposed : RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : An appropriation is made from the General Fund to Account No. 10110 . 815 , Route 15 South Improvements , in the amount of $3 , 625 . 00 for the fiscal year ending June 30 , 1979 . It was explained that this is the balance of the payments on the Route 15 South project . Mayor Rollins asked what has been done concerning sight distance on Davis Avenue? Mr . Niccolls said a "STOP" bar will be painted - this will improve it slightly. To do anything else to improve it would involve at least two properties - it would be a significant project . Apparently they evaluated the sight distance at the time the design was made and they knew it would be what it is . They probably assumed a 35 mph traffic speed - the higher the design speed of the road, the longer sight distance you need. The speed is probably 45 rather than 35 . The resolution was adopted by a vote of 5 to 2 : Aye : Councilmembers Cole, Herrell, D. Hill , M. Hill and Murray . Nay : Councilmember Tolbert and Mayor Rollins . 79-53 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30 , 1979 . On motion of Mrs . Hill , seconded by Mr . Tolbert , the follow- ing resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Appropriations are made from the General Fund to the ac- counts shown below for the fiscal year ending June 30 , 1979 as follows : Account No. and Name , Appropriation 10210 . 212 Fuel Oil and gas $ 1 , 200 . 00 9010 . 208 Laundry 500 . 00 10110 . 840 Street Lighting 1 , 500 .00 trh MINUTES OF MARCH 28 , 1979 MEETING . 326 Aye : Councilmembers Cole , Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay : None . Mr. Herrell asked if the Town has been paying the whole cost of street light installation. Mr. Niccolls said Yes . Mrs . Hill said the new Subdivision Ordinance should be out of the Planning Commission at its next meeting - this will take care of that . Mr. Herrell also had received some calls concerning the raise in availability fees . One person in particular said he did not ' buy all his taps before the rate went up because he was told if he did it would put a tremendous burden on the system. He felt this was a little unfair . Mr . Niccolls said part of this has been misstated. When the moratorium was lifted, he asked about buying all of his taps at that time, or would it be pretty certain that he could buy some of them later? He told him he was confident there would be no more restrictions on water permits - that we were going to the Potomac and developing wells , etc . He knew that Council considered earlier this year changes in availability fees for commercials - he didn' t know about the changes proposed for residentials . He was never told not to buy permits . We have O no speculative permits sold - they are too expensive to buy way in advance . He did not know whether this developer would have put out (D the money for the remainder of his lots at that time or not . He was told by Mr . Niccolls that he was confident there would be no more moratoriums and that there was no need for him to put out that cash. He did not know last July that the availability fees would be raised. Mr. Niccolls said he asked why he was not called about the possible raise in availability fees . He certainly could not call all the developers and tell them this - that would have been dishonest . Mr . Hill said both bond rating agencies indicated last week that the Town has taken a step forward in raising the availa- bility fees - this will help pay for the bonds . Mayor Rollins said he received a complaint today from Mrs . Newton at 153 Old Waterford Road. When the water line was put in considerable damage was done to her wire fence . Mr . Niccols said this will be fixed. On motion of Mr. Tolbert , seconded by Mr. Hill , Council voted unanimously to adjourn at 9 : 15 P .M. Mayor Cler of the ounci6-1