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HomeMy Public PortalAbout1979_06_27 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 27 , 1979 . A regular meeting of the Leesburg Town Council was held in 1 the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on June 27 , 1979 at 7 : 30 P.M. The meeting was called to order by the Mayor, with the invocation being given by Mr. Tolbert, and fol- lowed with the Salute to the Flag led by Mr. Murray. Present were : Mayor Kenneth B. Rollins , Councilmembers 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 and Director of Finance Donald O. Taylor. Absent from the meeting was Councilmember Glen P. Cole. The minutes of the regular meeting of June 13 , 1979 were ap- proved as written. Mayor Rollins recognized Mr . Fred Flemming, who read to Coun- cil a letter that was hand delivered to the Mayor this afternoon. The letter stated that efforts to obtain access to property in the rear of his lot, the subject of a rezoning request (ZM #25) , had proved fruitless. He, therefore, respectfully requested that the rezoning application be withdrawn without prejudice. He pub- licly acknowledged that the Council and the members of the Finance and Administration Committee, as well as the Town staff, had been 0) most cooperative and their indulgence was appreciated. N 79-89 - RESOLUTION - Withdrawing Rezoning Application #ZM-25 by Frederick F. Flemming. Q On motion of Mrs . Hill, seconded by Mr. Tolbert, the following a resolution was proposed : WHEREAS, Frederick F. Flemming, by letter dated June 27 , 1979 , has requested that Rezoning Application #ZM-25 be withdrawn without prejudice : THEREFORE. RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Withdrawal of Rezoning Application #ZM-25 by Frederick F. Flemming, without prejudice, under provisions of Section 11-7 of the Leesburg Zoning Ordinance is granted. Mr. Hill felt this was reasonable on Mr. Flemming ' s part. This street will have to be widened in time and the town will have to deal with the safety problems at the intersection of Morven Park Road, Loudoun and Market Streets . Mr. Flemming said it is logical that this land be rezoned to MC and be used for that purpose due to its proximity to the Hospital, but the answer is access from the other side - not from Morven Park Road. The resolution was unanimously adopted: Aye : Councilmembers Herrell, D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins . Nay : None. PETITIONERS : Mr. Ed Reeves , a resident of 120 West Market Street, apolo- gized for being unable to be present at the last meeting when Mr. Bill McDonald presented his concept of a solution to the traffic problem at the intersection of Morven Park Road, Loudoun and Mar- ket Streets. He was opposed to the widening of Market Street and I/ the unnecessary expense involved. He stated, for the record, that he is not a civil engineer, but he is an engineer. Something is needed to improve traffic control at this intersection, but the widening of Market and Loudoun Streets would only increase high speed traffic. The estimated cost of the project .($450 ,000 ac- cording to the Town Manager) is certainly more than should be con- sidered with the tax situation and the environment as it is today. His suggestion is a small elevated circle at that intersection - elevated a few feet to eliminate any sewage problem and this would also help the line of vision problem coming over Market Street. This would cost about 20 percent of . the anticipated cost of the proposed project. Let ' s improve traffic control simply MINUTES OF JUNE 27 , 1979 MEETING. 20 at low cost to the taxpayer, even if a circle is archaic . Mr. Murray commented that there have been more deaths at Chevy Chase Circle in Washington than any other circle - he also felt the hills going into Ayr Street are death traps and are absolutely unacceptable. Dr. George Poehlman, a resident of Morven Park Road, said he made an eleventh hour appeal to several councilmembers when he be- came aware of the proposed rezoning of. Mr. Flemming' s property. He appreciated the reception he received and felt he was a citizen who had a say-so. Though the application has been withdrawn, the issue is still there and he charged Council to continue to seek an answer to this problem - access should be through the Hospital area, which would be with the intent of the Master Plan for the area. MANAGER' S REPORT: Mr. Niccolls reported the following : (1) Mr. Chatelain is present to answer any questions Council might have concerning the renovation of the Council Chambers . Quotations have been received from contractors to remove the asbes- tos siding in preparation for the bidding process. The prices ranged from $1 , 162 . 00 down to $695. 00 , the- latter being from Am- garde Construction Company of Leesburg. (2) The Insurance Services office of Virginia located in Richmond (the agency responsible for establishing fire ratings for our community) has responded to our request for re-evaluation. They will conduct a study in October of this year - the town will have to furnish certain pertinent information. It is expected that our fire rating will improve. ( 3) Mr. Taylor has prepared a separate written report indi- cating that the General Fund balance will be close to the pro- jection in the Budget. (4) Copies of the Betz-Converse-Murdoch report on the evalu- ation of land treatment have been received - it will not go to the Water Control Board until Council has seen it. (5) The County Planning Commission is meeting tonight and our Subdivision Ordinance and its application beyond the one-mile limit- is on that Agenda. He will go to that meeting following this one and invited Council members to go also. (6) The traffic circle concept presented by Mr. Reeves has been sent to the design engineer in Richmond, asking for an evalua- tion and comments. He also reminded them that he asked questions about two months ago on this project and has received no reply to date. (7) A representative of the Health Department and he met today concerning the Evergreen Mill wells. They are very . close to an agreement on a temporary operating permit which will satisfy their regulations. They have requested 11 more samples from Well No. 2 which will be provided either by Friday noon this week or next Mon- day noon. Bacterial examinations of the water are excellent and there is no concern about the testing to be conducted. (8) Bids were opened today at 4 :00 P.M. on the Potomac River Water Project. One bid was received from Mechanical Contractors, Inc. of Alexandria for the treatment plant and intake structure in the amount of $7 , 219 , 000. The engineer ' s estimate today was $6 , 700, 000 , where in April it was $4 , 650 , 000 or $4 , 750 , 000 . They were aware this was going to happen and have questioned some nine or ten firms that took out plans. A written report has been re- ceived from Mr. Neeson on why they think today was a bad time to open bids . They will meet with Mr. Neeson at the Public Works Com- mittee meeting next week and discuss various alternatives. There were five bids on the transmission main ranging from $795, 000 to $900, 000 . The engineer ' s estimate was $450 , 000 . MINUTES OF JUNE 27 , 1979 MEETING. - 21 COUNCILMEMBER INQUIRIES AND COMMENTS : Mr. Hill asked what has happened to the report on land treat- ment - this was requested by the Water Control Board? Mr. Niccolls said it was just delivered to him yesterday afternoon - he did not believe anyone else had it. These final plans have not gone to the Water Control Board. Mr. Hill hoped the town will "stay on top" of this, encouraging and almost insisting that this meeting with the Water Control Board be held as soon as possible. He felt that this is developing with this Board as it did in 1973-1976 when Mr. Noman Cole was Chairman of the Board - they did everything they could to stymie a project. Every day they delay this project, based on any kind of economics, it is costing $2 , 000 per day. He hoped the "shadow" of Mr. Cole would disappear and that the Board will act in an intelligent way. Mr. Tolbert said he had been receiving calls and complaints concerning motorists turning around in front of his house and on the Christian School property. This is a bad situation - he sug- gested that perhaps the town might erect some posts at this location. MAYOR' S REPORT: COCO Mayor Rollins asked what has happened on the log cabin restora- (v tion bids? Mr. Niccolls said the low bid was some $58 , 000 and he W assumed that this was an unacceptable high' expenditure for the a project. He asked the low bidder what amounts he could take from his bid if the town deleted certain items . He was not responsive cx to this and gave us nothing in writing. He, therefore, went to the next low bidder, who has been very cooperative - he has prepared new price quotations for the specific reductions asked for - these will be distributed to Council as soon as possible. There is $30 , 000 in the Budget for this project. Mayor Rollins was sorry that negotiations could not have taken place with Walker and Clarke, who are the best on log cabins as far as he is concerned. He asked if any consideration had been given to negotiating with them? Mr . Niccolls said Mr. Russell ' s firm is experienced in restoration and has done log cabins - His home is near Leesburg and his field office in Hamilton. He will be providing a list of projects that Council members can visit . The architect knew of his work and so did Mr. Clarke. If Council finds it is in the Town ' s interest to nego- tiate a contract with Walker and Clarke, they are certainly author- ized to do so. Mr. Herrell knew Mr. Russell ' s work and felt he is qualified. He objected going to the high bid - there is no point in bidding a project if it is going to be negotiated. Mr. Hill asked if they can negotiate a bid and reduce the specifications without putting it out to bid again? Mr. Niccolls felt it is a permitted practice - it has been done on several occasions, but Council should make this decision. It will be on the Finance and Administration Committee agenda next week . 79-0-12 - ORDINANCE - REPEALING ARTICLE III OF CHAPTER 3 OF THE TOWN CODE . On motion of Mr. Tolbert, seconded by Mrs. Hill, the following ordinance was proposed and unanimously adopted : ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . Article III of Chapter 3 (BINGO GAMES AND RAFFLES CONDUCTED BY VOLUNTEER FIRE DEPARTMENTS , RESCUE SQUADS, CIVIC ORGANIZATIONS, CHURCHES AND OTHER NON-PROFIT ORGANIZATIONS) of the Town Code is hereby repealed. SECTION II . This ordinance shall be in effect from and after July 1, 1979 . Aye : Councilmembers Herrell , D. Hill , M. Hill, Murray, Tol- bert and Mayor Rollins . Nay : None . MINUTES OF JUNE 27 , 1979 MEETING. 22 79-0-13 - ORDINANCE - AMENDING SECTIONS 12 . 1-10 AND . 12 . 1-15 OF THE TOWN CODE. On motion of Mrs . Hill, seconded by Mr. Hill, the following ordinance was proposed : ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . Section 12 . 1-10 of the Town Code, -the Classi- fication of Town Employees by Occupational Group and Pay Grades, is amended to read as follows : Sec. 12 . 1-10 . Classification of Town employees by occupa- tional groups and pay grades . Employees in the town service are classified in the following occupational groups and pay grades : GRADE EXECWIVE/:AIAGERIAL LA= ESFORCDSENr �CLEAIRAT SUPERVISORY TECHNICAL I CO,AISRl aioh/ NCE 4 I Parking Meter Attendant laborer Police Clerk g I Recept/Secretary ST Plant Laborer Equip.Oper/Meth anic Part-time Clerk 6 I Secretary Maintenance Person Attmuntint Clerk Sr. Equip. Operator Billing Clerk F I Secretary_ I Exec. Secretary Meter Mechanic 8 I Accounting Supervise ST Plant Oper.Trainee Adtio.Aszt. DIE Asst.Street Supt. 9 I Police Private Clerk of Council Asst.Utll.Lines Supt. 10 I Private 1st Class SI Plant Operator ST PanOperator Corporal 11 Fac. Ins. Trained 12 I I Sergeant I Street Supt. i Investigator Lae tupt. Asst. ST Supt. caterSPpa n:< Suot. 13 I I Lieutenant UtiI.Lines Supt. Fac. Inspector ' I ]EI _ I I I I 15 I Di r.Public 0eve lop I Chief of Police I I ST Plant Supt. 16 Asst. P nager DIr. F nance 17 I I I 18 Dir. Engineering I I I 19 I I _ I I 20 I I 1 I I SECTION II. Section 12 . 1-15 of the Town Code, being the pay grades for compensation of employees in the town ser- vice, is amended to read as follows : Sec. 12 . 1-15. Pay grades and steps. The pay grades for compensation of employees in the town service are as follows : MINUTES OF JUNE 27 , 1979 MEETING. 23 ` Non-rounded GRADE A 8 C 0 E F G - 8 Top 4 $ 7,550 $ 7,900 $ 8,300 $ 8,750 $ 9.200 $ 9,600 $10,100 510.600 5(10,615) 5 8,050 8.500 8,900 9,300 9.800 10.300 10.800 11,350 (11,358) 6- 8,650 9,050 9,500 10,000 10,500 11,000 11,550 12,150 (12,153) 7 9,250 9,700 10,200 10,700 11.750 11.800 12,400 13,000 (13.003) 8 9.900 10,400 10,900 11,450 12,000 12,600 13,250 13,900 (13,913) 9 10,600 11,100 11,650 12,250 12,850 13,500 14,200 14,900 . (14,887) 10 11.300 11,900 12,500 13,100 13,750 14,450 15,150 15,950 (15,929) 11 12,100 12,700 13.350 14,000 14,700 15,450 16,250 17,050 (17,050) 12 12,950 13,600 14,300 15,000 15,750 16,550 17,350 18,250 (18,237) 13 13,850 14,550 15,300 16.050 16.850 17,700 18,600 19,500 (19,513) 14 14,850 15,600 16,350 17,200 18,050 18,950 19,900 20,900 (20.879) 15 15,900 16,650 17,500 18,400 19,300 20,250 21,700 22,350 (22,341) 16 17,000 17,850 18,750 19,650 20,650 21,700 22,750 23,900 (23.905) 17 18,200 19,100 20,050 21,050 22,100 23,200 24,350 25,600 (25,579) 18 19,450 20,500 21,450 22,500 23,650 24,800 26,050 27,350 (27.369) CD19 20,800 21,850 22,950 24,100 25,300 26,600 27,900 29,300 (29,285) 20 22,250 23,400 24,550 25,800 27,050 28,400 29,850 31,150 (31,335) (V Grade Increment 1s 7 percent. Step Increment 1s 5 percent (rounded to $50) W Q SECTION III . This ordinance shall be effective for pay- rolls in the fiscal year beginning July 1, 1979 . Mr. Hill explained that this is necessary to correspond with the 7 percent cost of living increase. The ordinance was unanimously adopted: Aye: Councilmembers Herrell , D. Hill, M. Hill , Murray, Tol- bert and Mayor Rollins . Nay: None . 79-90 - RESOLUTION - ESTABLISHING POSITIONS AND NUMBERS OF EMPLOYEES IN THE TOWN'S SERVICE. On motion of Mr. Hill, seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The following positions and numbers of employees in the town service are established for the period beginning July 1, 1979 : Number of Positions Authorized Employees Authorized LEGISLATIVE DEPARTMENT Clerk of Council 1 EXECUTIVE DEPARTMENT Manager 1 Assistant Manager 1 Executive Secretary 1 Receptionist/Secreatary, part-time 1 FINANCE DEPARTMENT Director of Finance 1 Accounting Supervisor 1 Accounting Clerk 1 Billing Clerk 1 Part-time Clerk 1 Meter Mechanic 1 MINUTES OF JUNE 27 , 1979 MEETING. 24 Number of Positions Authorized Employees Authorized POLICE DEPARTMENT Chief of Police 1 Lieutenant 1 Sergeant 2 Corporal 1 Investigator 1 Private, First Class 2 Private 5 Police Clerk 1 Parking Meter Attendant, part-time 1 ENGINEERING DEPARTMENT Director of Engineering 1 Administrative Assistant, part-time i Facility Inspector 2 Facility Inspector Trainee 1 Receptionist/Secretary, part-time 1 COMMUNITY DEVELOPMENT DEPARTMENT Director of Community Development 1 Secretary 1 PUBLIC WORKS DEPARTMENT Administration Director of Public Works 1 Secretary 1 Streets Division Street Superintendent 1 Assistant Street Superintendent 1 Maintenance Person 4 Laborer 4 Shop Division Shop Superintendent 1 • Senior Equipment Operator' 1 Equipment Operator/Mechanic 1 Water Supply Division Water Plants Superintendent 1 Maintenance Person 2 Laborer, part-time 1 Utility Lines Division Utility Lines Superintendent 1 Asst. Utility Lines Superintendent 1 Maintenance Person 2 Laborer 3 Water Pollution Control Division Plant Superintendent 1 Assistant Plant Superintendent 1 Plant Operator 4 Plant Operator Assistant 1 Plant Mechanic 1 Plant Laborer 1 Mrs. Hill asked if this adds one and one-half persons? Mr. Niccolls said it does. The resolution was unanimously adopted: Aye: Councilmembers Herrell , D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins . Nay: None. 79-91 - RESOLUTION - APPROVING THE BUDGET AND MAKING .APPROPRIA- TIONS FOR THE FISCAL YEAR ENDING JUNE 30 , 1980 . On motion of Mr. Murray, seconded by Mr. Tolbert, the fol- lowing resolution was proposed: .4 MINUTES OF JUNE 27 , 1979 MEETING - 2 5 WHEREAS, the budget and the tax rate for the fiscal year ending June 30 , 1980 have been presented and reviewed by this Council; and WHEREAS , this Council approved a tentative budget and tax rate for the fiscal year ending June 30 , 1980 ; and WHEREAS, a public hearing on the tentative budget and tax rate was held on June 13, 1979 : NOW, THEREFORE, RESOLVED by the Council of the Town of Lees- II burg, Virginia, as follows : SECTION I. The tentative budget for the fiscal year ending June 30, 1980 is adopted, except as amended herein. SECTION II. Appropriations are made for the fiscal year ending June 30, 1980 in amounts shown in the tentative bud- get under the "FY 1980 Proposed Budget" columns for the general, utility, airport, capital project funds and reve- nue sharing funds, except as amended herein. 0 SECTION III. The budget and appropriations for the fiscal CO year ending June 30 , 1980 for the amounts listed in this N section are amended to be as shown under the columns "Re- W vised Budget" and "Revised Appropriations" below: T Proposed Revised Revised C. Fund Account No. Account Name Budget Budget Appropriations Q General 2010.279 Auto allowance $ -0- $ 1,800 $ 1,800 4100,264 Hospitalization insurance 28,000 28,300 28,300 " 4100.265 Workmens compensation 11,000 11,150 11,150 " 4100.267 Disability insurance 5,800 5,900 5,900 ir 4100.268 Life insurance 4,500 4,600 4,600 II 4100. 270 Employee pensions 57,000 57,800 57,800 ' " 4100.271 FICA-Employer's share 51,200 52,000 52,000 " 4100.272 Unemployment compensation 6,000 6,100 6,100 General 6010.101 Engineering, regular wages $ 66,400 $ 79,100 $ 79,100 " 6010. 102 Engineering, overtime 3,000 3,500 3,500 " 6010. 281 Engineering, travel & training 1,300 1,500 1,500 " 6010.801 Engineering, office equipment -0- 500 500 " 6010. 802 Engineering, equipment -0- 1,000 1,000 to 9010. 802 Automotive equipment 14,000 14,000 -0- " 10010. 103 Part-time 3,700 3,700 -0- " 10110.802 Route 7, east 20,500 20,500 -0- " 10110.803 Route 7, west 8,750 8,750 -0- " 10110.820 Resurfacing 55,000 55,000 -0- " 10110.833 Bridge Repair 10,000 3,900 3,900 " 10110.852 Fairview Street 25,000 25,000 -0- " 10110.853 Fairview Subdivision 112,000 112,000 -0- " 10110.854 Town Branch 160,000 160,000 -0- " 10110.855 Dry Mill Road 5,000 5,000 -0- " 10110.856 South Liberty Street 5,000 5,000 -0- " 10110. Line Marker 5,000 5,000 -0- " 10110. Loader 18,000 18,000 -0- " 10200.802 Shop improvements 1,500 5,000 -0- " 10210.801 Council Chamber remodeling 30,000 30,000 -0- " 10210.802 Log Cabin restoration 30,000 30,000 -0- " 14020.291 Contingencies 80,294 62,544 0 Utility 20400. Relocations-engineering 3,000 3,000 -0- " 20400. ii3,000 27,000 27,000 -0- " 20400. Royal St.Fac.Impr.-engineering. 5,000 5,000 -0- " 20400. " " il " -construction 39,000 39,000 5,000 " 20600.801B Fac.Planning, Step II 316,350 316,350 -0- " 20600.803A Relocations-engineering 3,000 3,000 -0- " 20600.803B " - construction 27,000 27,000 -0- " 20600.807A Rehabilitation-engineering 10,000 -0- -0- " 20600.807B li -construction 50,000 66,000 66,000 Airport 30000.801 Safety & maintenance Improve. 268,550 268,550 -0- Ca.Proj .70000.250 Construction engineering 250,000 299,000 -0- " " 70000.805 Treatment plant 2,550,000 1,900,00 -0- " " 70000.810 Transmission line 500,000 475,000 -0- MINUTES OF JUNE 27 , 1979 MEETING. 26 Mr. Hill inquired as to why there are several items that have no "Revised" appropriations? Mr. Niccolls explained that these items are approved in the Budget but they are not appropriated at this time - Council must make that decision at a later time. Mayor Rollins said he did not like to see appropriations made by reference and he had no idea that the tax rate was in the Town Code - this resolution does not set a tax rate. The resolution was unanimously adopted: Aye: Councilmembers Herrell , D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. 79-92 - RESOLUTION - AUTHORIZING YOUNT, HYDE &. CO. TO CONDUCT ANNUAL AUDIT. On motion of Mr. Herrell, seconded by Mrs . Hill, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Yount, Hyde and Company, certified public accountants , is hereby authorized to conduct the annual audit for the Town of Leesburg at a cost not to exceed Six Thousand Five Hundred Dollars ($6 , 500) unless the scope of the audit extends beyond normal circumstances, and twenty- five (25) copies of the final report shall be delivered to the Town by October 31, 1979 . Aye : Councilmembers Herrell, D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins . Nay: None . 79-93 - RESOLUTION - AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE NORTHERN VIRGINIA PARK AUTHORITY AND VEPCO FOR STORM DRAINAGE IMPROVEMENTS . On motion of Mr. Murray, seconded by Mr. Hill, the following resolution was proposed: WHEREAS, Phase IV Storm Drainage Improvements on Town Branch between the old railroad station on South Harrison Street and South Liberty Street are required and included in the Town ' s Storm Drainage Master Plan; and WHEREAS, the only feasible location for the required chain of improvements is within the old Washington and Old Do- minion right-of-way: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The Mayor is authorized to execute agreements with the Nor- thern Virginia Regional Park Authority and Virginia Elec- tric and Power Company which provide for use of the old Washington and Old Dominion railroad right-of-way for storm drainage improvements to Town Branch between South Liberty Street and South Harrison Street. Mr. Hill felt we should get the "best deal" we can - he understood this agreement has been approved by both bodies. The resolution was unanimously adopted: Aye: Councilmembers Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay: None. 79-94 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC HEARING ON PROPOSED AMENDMENT TO ARTICLE II , CHAPTER 17 OF THE TOWN CODE . On motion of Mr. Murray, seconded by Mrs . Hill , the following resolution was proposed and unanimously adopted: • ;-:c� • 27 MINUTES OF JUNE 27, 1979 MEETING . RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: A notice of public hearing to consider a proposed amendment to Article II, Chapter 17 of the Town Code regarding busi- ness license fee for massage parlors shall be published in the Loudoun Times-Mirror on July 12, 1979 for a public hear- ing on July 25, 1979 at 7 : 30 P .M. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. Aye : Councilmembers Herrell, D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins . Nay: None . 79-95 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PER- FORMANCE BOND TO GUARANTEE INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR PART OF PARCEL "M" , SEC- TION I, VIRGINIA VILLAGE . On motion of Mr. Murray, seconded by Mr . Hill, the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg, Virginia as follows : SECTION I . The town manager is authorized and directed to execute the standard agreement (P.C. 2) forpublic improve- ments for part of Parcel "M" , Section I , Virginia Village. SECTION II. The performance bond of Virginia Village Asso- ciates , a partnership with Victor G. Trapasso as surety thereon, in the amount of $127 , 072 . 00 , to guarantee instal- lation of public improvements for part of Parcel "M" , Sec- tion I, Virginia Village, in accordance with plans approved by the director of engineering, is approved, conditioned upon ' recordation of a deed of trust from Virginia Village Asso- ciates to George M. Martin, Trustee, on part of Parcel "M" , Section I , Virginia Village, which trust shall secure the terms, conditions , covenants and payment to the Town of Leesburg as set forth in said performance bond. SECTION III , The developer shall submit a title certificate that such deed of trust is a first lien on said land. SECTION IV. The performance bond, the deed of trust and title certificate shall be subject to review and approval by the Town Attorney. SECTION V. Extension of municipal water and sewer works for part of Parcel "M" , Section I, Virginia Village, is approved. Mr. Herrell asked when this work will begin? Mr. Niccolls felt it would be later this fall, but they are very serious about this. Mayor Rollins asked about the improvements to Town Branch? Mr. Niccolls said they are part of the bonded public improvements - he anticipated that the Branch will be relocated and widened be- fore anything else goes on the site. He will ask the Director of Engineering to require that this work will be done first. Mr. Hill said the Utility and Public Works Committee had asked for an appraisal of the land - this was passed over though to get an as- sessed value of the property. Mr. Niccolls said the assessed value is a low $60 , 000 - however, he believed this is reflected by the F-1 flood zone applied to the property. He told Mr. Jacobs , attorney representing Virginia Village Assocites , that Mr. Martin will have to see a qualified appraisal, indicating that this land has this $127 , 000 value before the first deed of trust is ac- cepted. This will be submitted as part of the documentation to Mr. Martin. Mayor Rollins thought our ordinance does not permit a real estate trust for a performance bond (he did not mean to apply this to this particular situation) . He felt developers should pro- vide the bonds that the ordinance calls for . Mr. Niccolls explained 28 MINUTES OF JUNE 27 , 1979 MEETING. that the methods are for the developer to furnish a certified check (which would be retained by the Town . and. deposited in an escrow account) or to submit a surety bond or to' actually in- stall the improvements first, in the case of a subidivision. This was under the old Subdivision Ordinance. The State law has been broadening the methods available for bonding. The General Assembly, at its last session, added bank letters of credit and the words "other surety satisfactory to the governing body. " Our Subdivision Ordinance, adopted at the last Council meeting, says "furnish a bond by a surety company or other guarantee satisfactory to the Council in an amount sufficient to cover the estimated cost " The new Ordinance is more liberal and Council basically has the choice to accept what it wants. This complies to the new Ordinance, but this particular project is being processed under the old ordinance since it started under it. On motion of Mr. Murray, seconded by Mrs . Hill , Council voted unanimously to amend Section IV by adding the following: The developer shall further submit a certified appraisal to the Town Attorney for approval , and the said appraisal shall exceed or be equal to the amount of the performance bond that is required heretofore. Aye : Councilmembers Herrell, D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins . Nay: None. The resolution, as amended, was then unanimously adopted, with Section IV reading as follows : SECTION IV. The performance bond, the deed of trust and title certificate shall be subject to review and approval by the Town Attorney. The developer shall further submit a certified appraisal to the Town Attorney for approval , and the said appraisal shall exceed or be equal to the amount of the performance bond that is required heretofore. Aye: Councilmembers Herrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins . Nay : None. 79-96 - RESOLUTION - AUTHORIZING PREPARATION OF DOCUMENTS FOR CABLE TELEVISION FRANCHISE PROPOSALS . 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: The manager is authorized and directed to have prepared the necessary instruments , ordinances and resolutions in JJJ accordance with Federal and State law and regulations for the solicitation of a cable television franchise for the Town of Leesburg. Mr. Hill noted that a request has been received from a second ap- plicant. He felt this is a good idea. Mayor Rollins assumed the ordinance would be prepared and approved by Council and author- ized to advertise for bids . Mr. Niccolls said "Yes . " The reso- lution was unanimously adopted: Aye : Councilmembers Herrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins . Nay: None . 79-97 - RESOLUTION - AUTHORIZING AN INCREASE IN THE RENT OF LEES- BURG AIRPORT CLEAR ZONE TO THE VIRGINIA BEEF CORPORATION . On motion of Mr. Tolbert, seconded by Mrs. Hill , the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : MINUTES OF JUNE 27 , 1979 MEETING. The manager is authorized and directed to increase the 2 9 rent for the use of the 20 . 7841 acres of the "Saunders Tract" located at the Leesburg Municipal Airport, to the Virginia Beef Corporation from $311 . 76 per year to $600 . 00 per year, effective November 19 , 1979 . Mr. Niccolls said they have agreed to this . The resolution was unanimously adopted: Aye : Councilmembers Herrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins. Nay : None. 79-98 - RESOLUTION - APPROVING AN OPERATING AGREEMENT BETWEEN PROFESSIONAL PILOT SERVICES AND THE TOWN OF LEESBURG. 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: CO The Mayor is authorized and directed to execute the oper- ating agreement dated June 22 , 1979 by and between the N Town of Leesburg and Walter C. Rew and Steve Leckey, W trading as Professional Pilot Services. Q Q Mr. Niccolls said the Airport Commission has been working on this for many months and this Agreement culminates a series of negotia- tions . This resolves a situation at the Airport that is important to enforcement of our rules . Mr. Hill asked if a financial state- ment has been presented? Mr. Minor said these men have submitted two income tax returns - the application they filled out for an FBO license includes financial data. We have letters from three different creditors stating that they are prompt in payment of their bills. This information was submitted to the Airport Com- mission. Mr. Tolbert added that this - is the first question - Mr. Lowry, the Chairman, asks. Mayor Rollins asked for an explanation of just what this Agreement means? Mr. Niccolls explained that Blue Ridge Aircraft has a 4-acre lease at the south end of the field and these gentlemen have operated a flight training service and some other services there for many years. These were never authorized and, when the new FBO came in, the town promised that all unauthorized operations at the airport would cease. The town went about this process and some of them were "bounced off" and others moved off. Mr. Leckey and Mr. Rew wish to continue their long-standing business at the Airport and a legal way has been found for them to sub-lease from Blue Ridge . They are, in effect, oper- ating under the umbrella of the Blue Ridge lease. They are paying direct fees to Blue Ridge and fees to the town as well . They are paying $100 a month to Blue Ridge and $100 a month to the town. Blue Ridge pays $800 . 00 a year to the town under a 1966 agreement. This sub-lease is for two years . Mr. Hill felt somebody should be aware of the requirement for the-town to' notify the operator three months in advance of the termination of the lease if it wishes to extend the lease and to "stay on top of it. " Mrs. Hill asked for an explanation of Item 19 . Mr. Niccolls said this is a way for the town to limit the number of operators - we don ' t want them starting another business under a different name. The reso- lution was unanimously adopted: Aye : Councilmembers Herrell , D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. 79-99 - RESOLUTION - CONSENTING TO A SUBLEASE BETWEENBLUERIDGE AIRCRAFT, INC. AND PROFESSIONAL. PILOT SER- VICES . On motion of Mr. Herrell , seconded by Mr. Tolbert, the follow- ing resolution was proposed and unanimously adopted: MINUTES OF JUNE 27 , 1979 MEETING. 30 RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: SECTION I . Consent is hereby given to a sublease dated June 22, 1979 by and between Blue Ridge Aircraft , Inc . , and Professional Pilot Services, of a portion of the property let to Blue Ridge Aircraft, Inc. , by lease agreement made June 22 , 1966 , more particularly de- scribed as follows : Two (2) offices - one being located in the southeast corner of the hangar space and one in the northeast corner of hangar number 2 , along with seven (7) out- side tie down spaces. SECTION II . This consent shall be contingent on the proper execution of an operating agreement between Professional Pilot Services and the Town of Leesburg. Aye : Councilmembers Herrell, D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. Mr. Hill commented that he is impressed with the operation at the Airport. Mayor Rollins agreed, but he said it wouldnot have to be much improved over 15 years ago. Mr. Tolbert pointed out that it is running in the "black" too. Mr. Niccolls said the Airport Com- mission is a very effective body and they have good staff assist- ance in Mr. Minor. 79-100 - 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: RESOLVED by the Council of the Town of Leesburg, Virginia , as follows : SECTION I . 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 . 208 Newsletter $ 140 . 00 2010 . 246 Travel & Training 50 . 00 2010 . 248 Dues & Subscriptions 16 . 00 4020 . 257 Office Machine Rentals 200 . 00 4100 . 222 Liability Insurance 3 , 120 . 00 4100 . 225 Workmans Comp. 2 , 324 . 00 4100 . 227 Disability Insurance 450 . 00 4100. 243 Unemployment Compensation 2 , 000 . 00 6010 . 201 Office Supplies 50 . 00 9010 . 229 False Arrest Insurance 490 . 00 10010 . 201 Office Supplies 50 . 00 10110 . 120 Overtime Streets 3, 600 . 00 10110 . 854A Town Branch IV 359 . 00 10200 . 806 Shop Improvements 125 . 00 10210 . 212 Fuel Oil and Gas 900 . 00 14020 . 211 Street Lighting 4 , 500 . 00 14020 . 244 Christmas Bonus 47 . 00 14020 . 260 Refund-Prior Year Revenue 23. 00 10200 . 253 Equipment Maintenance 1, 000 . 00 MINUTES OF JUNE 27 , 1979 MEETING. 31 SECTION II . Appropriations are made from the Utility Fund to the accounts shown below for the fiscal year ending June 20 , 1979 as follows : Account No. and Name Appropriation 20200 . 120 Overtime Water Supply $2 , 000 . 00 20200 . 211 Electrical Current Pumps 3, 500 . 00 20300 . 212 Gas 250 . 00 20300 . 213 WPCF, Telephone 80 . 00 It was explained that these are all supplemental appropriations . Mayor Rollins asked how the $47 . 00 for Christmas Bonus was spent before it was appropriated. Mr. Niccolls said this was done in error. Mayor Rollins wanted it understood that no monies are spent until they have been appropriated. Mr. Niccolls said this would not happen again . The resolution was unanimously adopted: Aye : Councilmembers Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . CO Nay : None. CO 79-101 - RESOLUTION - AUTHORIZING A CONTRACT FOR REMOVAL OF N ASBESTOS SIDING ON THE TOWN COUNCIL CHAMBER W BUILDING. Q Q There being no objection to considering tonight, on motion of Mr. Tolbert, seconded by Mr. Herrell, the following resolution was proposed: RESOLVED by the Council for the Town of Leesburg, in Virginia, as follows : SECTION I. The manager is authorized and directed to ' enter into a contract with Amgarde Construction Company of Leesburg for removal of asbestos siding from the Town Council Chamber building at a cost not to exceed $700 . 00 . SECTION II . An appropriation is made from the General Fund to Account No. 10210 . 801 in the amount of $700 . 00 for the fiscal year ending June 30 , 1980 . Mr. Hill explained that the bids for renovation of this building could not be sent out until the bidders could know the situation they would be working with. The resolution was unanimously adopted : Aye : Councilmembers Herrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. 79-102 - RESOLUTION - MAKING. AN APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30 , 1979 . There being no objection to considering tonight, on motion of Mr. Hill, seconded by Mrs . Hill , the following resolution was proposed and unanimously adopted : RESOLVED by the Council of the Town of Leesburg, Virginia, I/ as follows : An appropriation is made from the Potomac Plant Capital Improvement Fund No. 70000.246 , Legal Financial Adminis- trative Expenses, in the amount of $12 , 000 . 00 for the fis- cal year ending June 30 , 1979 . Aye: Councilmembers Herrell, D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins . Nay: None. MINUTES OF JUNE 27 , 1979 MEETING. - 3 2 Mr. Murray suggested that the Manager have the Police look at the "U Turn" situation on S. King Street and, if. it gets too bad, put up a "No U Turn" sign. These people are turning around to go back to the Phillips 66 gas station on the corner. Mr. Herrell asked what is going to be done to keep people from dumping trash on Sycolin Road? Mr . Niccolls said the signs have been ordered and this is the only thing they can do. On motion of Mr. Tolbert, seconded by Mr. Murray, Council voted unanimously to adjourn at 9 :05 P.M. I Mayor Clerkof th Council I/