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HomeMy Public PortalAbout1979_07_25 MIWUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 25, 1979 . 38 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on July 25, 1979 at 7 : 30 P.M. The meeting was called to order by the Mayor, with Mr. Herrell offering the invocation, followed with the Salute to the Flag led by Mr. Hill. Present were : Mayor Kenneth B. Rollins, Councilmembers Stanley D. Herrell, Jr. , G. Dewey Hill , Jr. , Marylou Hill and John W. Tolbert, Jr. ; also Town Manager John Niccolls, Assistant Manager Jeffrey H . Minor, Director of Fi- nance Donald 0. Taylor and Town Attorney George M. Martin. Absent from the meeting were Councilmembers Glen P. Cole and Walter F. Murray. The minutes of the regular meeting of July 11, 1979 were ap- proved as written. PUBLIC HEARING - BUSINESS LICENSE FEE FOR MASSAGE PARLORS. Mayor Rollins asked for comments on the proposed business li- cense fee for massage parlors - $5 , 000 per location. There being no-one to speak on this matter, the Chair declared the public hearing closed. MANAGER' S REPORT: (1) Don Wagner of the Highway Department will be present at the August 27th Public Works Committee meeting to discuss the Route 7 West project. The design engineer will be here and they will have a red-pencil marked set of plans showing the changes they propose. (2) Mr. Taylor has submitted a cash balance statement for the period closing June 30 . The General Fund balance of $477 , 882 . 00 includes $150 , 000 that is earmarkedto repay the parking facility note in November, so this should be taken into consideration when looking at the balance. ( 3) Friday is the final inspection on the Evergreen Mill wells. We have a temporary certificate to operate the wells from the Health Department. The equipment suppliers have cooperated extensively in the last week or so in finishing this work. (4) To Mayor Rollins ' question concerning a meeting with Mr. Neeson on the Potomac River water project, Mr . Niccolls said it is proposed for him to be here for the Finance and Administration Com- mittee meeting - he cannot attend the Public Works meeting - this would be on July 31st at 7 : 30 P.M. Mayor Rollins assumed there would be no doubt that the bids will be rejected and rebid. Mr. Niccolls said there is no doubt about that at all - the only ques- tion is how the bids are to be taken - whether to leave the plans as they are now or to modify them with some obvious changes that can save money now without decreasing capacity, or do we want to go even further with modifications? He felt Mr. Neeson would recommend taking advantage of the things we have learned during the bidding process and the negotiation process to save some money, but not af- fect the plant capacity, and then rebid it. Mr. Hill felt it is important for everybody to be present for this meeting. It was de- cided that the Finance Committee would meet at noon on Tuesday, July 31st in the Council Chambers in lieu of that night. COUNCILMEMBER INQUIRIES AND COMMENTS : Mrs. Hill asked if anything is planned in the way of renova- tion or repairs for the inside of the Council Chambers? She , as well as Mayor Rollins, called attention to several sections of the ceiling tile that is coming down . Mr. Niccolls said there is noth- ing planned, but he will look into this . He hoped this work can be done with town forces . Mr. Herrell asked if the Town has a right-of-way on South Ca- toctin Circle from Johnson ' s Restaurant up to the bowling alley and suggested that the town put in a foot path for people walking or rid- ing bikes. This is a dangerous area. Mr. Hill felt this should be a foot path, not for bikes , they are designed for the streets. Mr. Niccolls said he would check into this and see what can be done. MINUTES OF JULY 25, 1979 MEETING. Mr. Herrell also asked what the problem is that someone is 3 constantly digging up the corner of Sycolin Road and Rt. 7? They seem to dig it up every week. Mr. Niccolls said Perry Engineering had a contract with C & P to install a major underground juncture facility. Apparently the design engineer did not know the footings so it keeps sinking. They repaved the road today - he hopes for the last time. He said Mr. Shope told him Monday that there are major problems with the soil in that area. He suggested that it might be prudent to tell C & P that they can dig it up only one more time. He will check further into this . Mr. Tolbert called attention to the report from Mr . Ron Lowry, Chairman of the Airport Commission, attached to the Activity Re- port. He felt a Certificate of Appreciation should be presented to him for the time he has served on this Commission. Mr. Tolbert also asked when it is proposed to do something to East First Street as promised Mr. Pearson sometime ago? Mr. Nic- colls felt that it would probably be sometime in the fall - Town forces are busy with other projects now - he will give Council a schedule for this. It is proposed to "chip-seal" it. CO Mayor Rollins asked what the problem is on Dry Mill Road where CO there is a cut in the road with a piece of iron over it? Mr. Nic- Ncols explained that this is a water main leak - the location has W not been finally established. Because of other work, the utility crews have had to postpone it - it will probably have to be dug up B for quite some length before they find the actual leak. Q Mayor Rollins also asked the situation on the realignment of Loudoun Street from King Street down? Mr. Niccolls said an engi- neer has been selected to prepare a plan and profile for that - a new firm out of Reston or Fairfax. He has given him either 60 or 90 days to complete this work. We need somebody to really look at it so we don ' t get a bad job. 11Mayor Rollins asked if the brick work being done on South King Street is the kind that was suggested sometime ago - like that being done in Alexandria? Mr. Niccolls said only partially - he would like to give as an example the work that has been done on West Loudoun Street. He explained just how this will be done, stating that it is hoped and felt this will stay in place forever. The brick has been ordered and they are waiting on it, but it is hoped this work will be done in two or three weeks . Mr. Hill asked how this will withstand freezing? Mr. Niccolls said this should be more stable than thedold way - there are under-drains in the concrete be- low the brick/ pieces of perforated plastic pipe, which will drain into the gutter, so this should take care of that situation. Mayor Rollins asked Mr. Shope, who joined the meeting at this time, if any more problems have been found in the testing of the sewer lines? Mr. Shope said not since the last meeting - they have almost finished the smoke testing. He has not seen the final plans. Mr. Hill asked when they plan to TV the lines? Mr. Shope guessed that it would probably be in the fall, but they will come out in the next week or so to check the underground water levels-this work must be done when the levels are high. Mr. Shope reported that the County Planning Commission has, to night, recommended approval of the Town ' s Subdivision Ordinance to the Board of Supervisors . Mayor Rollins asked when our agreement with Paxton Home expires for use of the well? Mr. Niccolls said this is way in the future, but the time for renegotiationcf price is either in 1980 or 1982 - he will check this. Mrs. Hill asked the status of the Town acquiring the other alley onto King Street? Mr. Niccolls said that a request has been made to Herb Pearson that, if he wants to donate it, the Town will most likely accept it and put it into the public system so that it can be paved and eventually lighted. He was very much interested in making that donation and has cleared the deeds of trust and had a survey made. It is at a standstill - it is up to the donor. MINUTES OF JULY 25 , 1979 MEETING. 40 79-108A- RESOLUTION - AUTHORIZING A CONTRACT FOR CONSTRUCTION IN- SPECTION SERVICES FOR REMODELING OF THE TOWN COUNCIL CHAMBER BUILDING. On motion of Mr. Tolbert , seconded by Mrs . Hill, the follow- ing resolution was proposed: RESOLVED by the Council for the Town of Leesburg, in Vir- ginia, as follows: SECTION I . The manager is authorized and directed to enter into a contract with Leon Chatelain, III of Lees- burg for construction inspection services for remodeling of the Town Council Chamber Building at 10 West Loudoun Street, Leesburg, Virginia, at a cost not to exceed $1, 600 . 00 . SECTION II . An appropriation is made from the General Fund to Account No. 10210 . 801 in the amount of $1 ,600 .00 for the fiscal year ending June 30 , 1980 . Mr. Herrell asked what he is to do for this - does he just see that it is done in accordance with his plan? Mr . Niccolls .said yes , but it is just as important to have a good follow-up inspection as it is to prepare plans properly. He felt that this is probably a high estimate of what it will really cost. Mr. Herrell felt the town should have competent employees to check this. Mr. Niccolls felt it is easier to get this job done properly by having an architect present when needed, even if not for these extensive services. The bids are to be opened Friday. They are to replace any bad boards, repair, refinish, fill the holes and repaint properly; also the work on the back and build the foyer. Mrs. Hill asked when she should submit her request for a change order. It was de- cided that she would bring this before the Finance and Adminis- tration Committee at its next meeting. It would then be brought before the Council for a vote. Mr. Herrell said he could not go along with this $1, 600 - he would rather pay him an hourly wage and call him when he is needed. Mr. Hill asked Mr. Shope how often he would think Mr. Chatelain would be needed. Mr. Shope said at .least one or two hours per week - he could be needed for plan interpretation or intent of contract documents . Mayor Rollins said you have to "ride herd" on contractors all the time. Mr. Nic- colls asked that Council leave some money to hire him at least. On motion of Mr. Herrell, seconded by Mrs . Hill , it was proposed to amend the resolution by changing the appropriation to $800 . 00 . Mayor Rollins was concerned as to whether or not this would be enough. Mr. Niccolls said the busiest time would be at the begin- ning of construction and at the end. If more money is needed,they can come back to Council for an additional appropriation. Mayor Rollins felt the contractor should get together with the architect and decide which boards should be replaced. The amendment was unanimously adopted: Aye : Councilmembers Herrell, D. Hill, M. Hill , Tolbert and Mayor Rollins . Nay: None . The resolution, as amended, was unanimously adopted and reads as follows: RESOLVED by the Council for the Town of Leesburg, in Vir- ginia, as follows : SECTION I . The manager is• authorized and directed to enter into a contract with Leon Chatelain, III of Leesburg for construction inspection services for remodeling of the Town Council Chamber Building at 10 West Loudoun Street, Leesburg, Virginia, at a cost not to exceed $800 . 00 . SECTION II . An appropriation is made from the General Fund to Account No. 10210 . 801 in the amount of $800 . 00 for the fiscal year ending June 30 , 1980 . Aye : Councilmembers Herrell , D. Hill , M. Hill, Tolbert and • Mayor Rollins. Nay : None . MINUTES OF JULY 25, 1979 MEETING. i 79-109 - RESOLUTION - REFERRING REQUEST FROM ARL CURRY FOR RE- 1 VISION OF THE TRANSPORTATION SECTION OF THE COMPREHENSIVE PLAN TO THE PLANNING COM- MISSION. On motion of Mrs. Hill , seconded by Mr . Tolbert, the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : A request from Arl Curry for removal of a portion of Catactin Circle through property owned by him from the Transportation Section of the Comprehensive Plan is re- ferred to the Planning Commission for review and report. Mrs. Hill explained that Mr. Curry submitted a plan for a house on property that would be in the middle of Catoctin Circle if and when it is developed according to the Comprehensive Plan. He was asking if the Town proposes to build this road soon - if not, he would like to see it taken out of the Plan. Mr. Hill felt Mr. Curry is trying to force the issue - he would like to see Catoctin Circle built - CO this would open up a subdivision for him. Mrs. Hill said the Com- CO mittee agreed that it would be better to keep the 70-foot right- ed of-way and build a two-lane road instead of four. Mr. Curry would put in curb and gutter. Mr. Niccolls explained that, in order to be eligible for State maintenance payments, a street must be at Q least 30 feet wide on a 50-foot right-of-way. They constructed Q only two lanes , knowing that it would not be acceptable to the Town, so they maintain it and the school bus loop. When it is widened, it will be eligible for payment. The resolution was unanimously adopted: Aye : Councilmembers Herrell, D. Hill, M. Hill , Tolbert and Mayor Rollins . Nay : None. 79-110 - RESOLUTION - MAKING AN APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30 , 1980 . On motion of Mrs. Hill, seconded by Mr. Herrell , the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : An appropriation is made from the General Fund to Account No. 10110. 804 Utility Relocation, in the amount of $2 , 139 . 23, for the fiscal year ending June 30 , 1980 . was Mrs. Hill explained that this/required during the construction of the Route 7 By-Pass . Mr. Hill said this was quite an extensive cut. The resolution was unanimously adopted: Aye : Councilmembers Herrell, D. Hill, M. Hill, Tolbert and Mayor Rollins. Nay: None. 79-111 - RESOLUTION - MAKING AN APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 1979 . On motion of Mrs. Hill, seconded by Mr. Herrell, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : An appropriation is made from the Utility Fund to Ac- count No. 20500 . 805 1976 Waterworks Improvements , for contract with R. H. Kline, in the amount of $96 , 400 . 00 , for the fiscal year ending June 30 , 1979 . MINUTES OF JULY 25, 1979 MEETING. 42 Mrs. Hill explained that this was for work done by Kline on the Myers Well sand control and on Paxton and Phillips/Nickels wells. Mr. Niccolls explained that these contracts were originally approved in fiscal year 1978, but were actually paid out in fiscal year 1979 . It was an oversight that this money was not re-appropriated in 1978- 1979 . It was actually spent in 1978-79 . . • The con- tract is almost two years old. Mr. Taylor further explained that the appropriation for this work . was made in 1977-78 , but the work continued into 1978-1979 . This/re-appropriating funds that have al- ready been spent. It comes from restricted funds from the bond is- sue. Mr. Niccolls said they are working on a system with the auditor to take care of such items, but the audit will show it in the year i which it was spent. Mayor Rollins said his point is not spending money that has not been appropriated. Mr. Hill asked if this money is reflected in any of the money shown in the cash balance tonight? Mayor Rollins said no - this money has already been spent and the balance sheet shows the money on hand. The resolution was unanimously adopted: Aye: Councilmembers Herrell, D. Hill , M. Hill, Tolbert and Mayor Rollins. Nay : None. A proposed resolution making appropriations died for lack of a motion. 79-112 - RESOLUTION - AUTHORIZING A CONTRACT FOR FENCING AT EVER- GREEN MILL ROAD WELLS AND:MAKING AN APPRO- PRIATION. There being no objection to considering tonight, on motion of Mr. Hill, seconded by Mr. Tolbert, the following resolution was pro- posed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The Manager is authorized and directed to enter into a contract with Lee Fence Company, Incorporated of Mer- rifield, Virginia for installation of fencing at Evergreen Mill Well No. 2 as outlined in Lee Fence ' s Proposal dated July 16 , 1979 in the amount not to exceed $1288 . 00 . SECTION II . An appropriation is made to the Utility Fund - Restricted Assets , to Account No. 20500. 805 - Waterworks Improvements Well Development in the amount of $1288 . 00 for the fiscal year ending June 30 , 1980 . Mr. Hill asked if this will enclose the entire area? Mr. Niccolls said it extends from one side of the main building around the stor- age tank for the generator, around the generator and back to the building. It does not enclose the entire area. Three sides of the building will be secure. The Health Department has approved the plan. This is a matter of security. Mayor Rollins inquired as to how high, etc. the fence will be. Mr. Shope said it will be 6 feet high and he thinks with barbed wire on top of it . There will not be a fence around Well No. 3. Mayor Rollins felt there is a lot of traf- fic out that way and it should be well protected. Mr. Niccolls said the well buildings have not experienced a lot of vandalism. The one at Paxton Well is a good one. The resolution was unanimously adopted: Aye: Councilmembers Herrell, D. Hill, M. Hill , Tolbert and Mayor Rollins . Nay : None. 79-112 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30 , 1980 . On motion of Mr. Herrell, seconded by Mr. Tolbert, the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : MINUTES OF JULY 25 , 1979 MEETING. SECTION I . Appropriations are made from. the General Fund 4 3 to the accounts shown below for the fiscal year ending June 30 , 1980 : Account No. Name Appropriation 4020 . 102 Overtime $ 200. 00 10110 . 840 Street Light Installation 4 , 250 . 00 SECTION II . Appropriations are made from the Utility Fund to the accounts shown below for the fiscal year ending June 30 , 1980 : 20200.. 102 Overtime Wages $ 775. 00 20500 . 805 1976 Waterworks Improvements (Bengtson, DeBell & Elkin) 22 , 400 . 00 20600 . 805 Metal Storage Building (L & L Builders) 15 , 535 . 00 CO Mr. Niccolls and Mr. Taylor explained just what is entailed in these proposed appropriations. Mr. Hill specifically asked if the $22 , 400 CD to Bengtson Debell & Elkin includes their evaluation of the Potomac (V Plant? Mr. Niccolls said they have already been paid for that work - W he will check to find out how much that was . It was further explained a that the BDE contract on the 1976 Waterworks Improvements is an on- CX going contract - some of the work has been done and some has not been done yet. We have not gone over the original appropriation. Mr. Hill wondered if the Budget could not tell what has or has not been spent. Mr. Niccolls said this has been done on some of the items, but the Budget must be presented to Council in April , leaving three months not yet accounted for. He said Mr. Taylor will have a system for avoiding these carry-over appropriations in the future. There fol- lowed further discussion as to how such items are or may be carried in the Budget. The resolution was unanimously adopted: Aye : Councilmembers Herrell , D. Hill , M. Hill , Tolbert and Mayor Rollins . Nay : None. Mayor Rollins asked why we are not fencing the other well? Mr. Niccolls said the second well has a standby generator and fuel storage tanks outside and it is important to protect these from pos- sible vandalism. They feel the building itself is fairly inpenetrable. The other one is just the little building. Mr. Hill was concerned about the roof. Mr. Niccolls said he has asked Mr. Chaves to check these and make sure they are secure . Mayor Rollins asked if the Council decides to fence the other well building, would it be done individually? Mr. Niccolls said yes, it would - they are too far apart to fence them together. Both Mayor Rollins and Mr. Hill felt the committee should discuss fencing Well No. 3 . On motion of Mr. Tolbert, seconded by Mr . Herrell, Council voted unanimously to adjourn the meeting at 8 : 50 P .M. Mayor . Clerk of t e Council