Loading...
HomeMy Public PortalAbout1979_08_08 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, AUG. 8 , 1979 44 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on August 8 , 1979 , at 7 : 30 p.m. The meeting was called to order by the Mayor, with the invocation being given by Mr. Tolbert, followed with the salute to the flag led by Mr. Hill . Present were: Mayor Kenneth B. Rollins, Council members : Stanley D. Herrell, Jr. , Marylou Hill, G. Dewey Hill , Jr. , Walter F. Murray and John W. Tolbert, Jr. ; also present were: Town Manager, John Niccolls; Assistant Manager, Jeffrey H . Minor, and Director of Engineering, Andrew G. Shope. Absent from the meeting was Councilmember Glen P. Cole . Mary R. Mack was appointed Clerk Pro-Tem in the absence of the Clerk. The minutes of the regular meeting of July 25, 1979 , were approved as written. Mayor Rollins recognized Edward Reeves, a resident of West Market Street. Mr. Reeves addressed the Council and presented a letter regarding the highway improvement project for West Market Street. Mr. Reeves wanted to bring out four points for consideration against the VDH & T plans for the project. The first was the 35 mph speed limit- proposed for the area. The second point was regarding the traffic flows during peak hours and the arguments presented against installing a traffic circle . Point three was regarding the proposed textured retaining walls, and the final point was that no other plan changes would be appropriate until after the VDH&T design is completed and a public hearing is held on the project. In closing Mr. Reeves requested the Council to take some "positive action" with regard to this project. Councilman Murray corrected Mr. Reeves' statement that this project was being "forced down our throats" , stating that Council had requested this project. He also pointed out that traffic signals are planned for this area and he asked that the residents wait until the plans for this project are completed , stating they will have an opportunity to speak at the public hearing. Mayor Rollins recognized former Mayor Newman in the audience and also Mr. R. Gheen. MANAGER'S REPORT: Mr. Niccolls referred Council to the written activity re- port. He informed the Council of the action taken to lower the intake for Evergreen Well #3 and stated that it will be necessary to do the same thing for Well #2 . He referred Council to Mr . Taylor ' s cash report for the month ending June 30 , 1979 . He informed Council that Mr. Shope has been advised that television scanning of potential sewer problems should be delayed until fall when the ground water table is back up. Mr. NicColls reported that a comparison of billed water vs. pumped water and sewer flows for the quarter ending June 30, 1979 , has been completed, and the 30% loss ratio shown in the rate study held for that quarter, this in spite of the fact that almost all of the meters over ten years old have been replaced. The loss has historically been 30% . Mr. Niccolls stated that statistics show 15% to be an acceptable figure. Mayor Rollins Asked what would be the cause for this loss . Mr. Niccolls stated that 3-5% could be accounted for in meter error with the remainder being in leaks . Director of Public Works, Juan Chaves, has been asked to investigate retaining specialists in water leak detection. Mr. Niccolls will report on this at a future meeting. COUNCILMEMBER INQUIRIES AND COMMENTS : Mrs. Hill had a request from some citizens on North Wirt Street to have yellow lines on the hill near the School Board Annex to eliminate parking on that hill between North Street and Union Street. They also asked if the street sweeper was broken. MINUTES OF AUGUST 8 , 1979 _ 45 Mr. Tolbert asked Mr. Minor if the financial report of Century Aviation could be copied to Council. Mr. Minor stated that Century had asked that the copies remain in the building but that it was available to any member of Council who wanted to see it. Mayor Rollins asked about the surface for the widening of Old Waterford Road. He was concerned about the materials used for the base. Mayor Rollins asked what the situation was on the cable TV I/ ordinance? Mr. Niccolls reported that Mr. Minor had contacted an association that serves the industry and cable TV users that have made ordinances, etc. and this information is being accumulated , but that no ordinance has been drafted as yet . There is a legal issue that needs to be resolved concerning franchises and Mr. Martin will have to brief the Council on this . Mayor Rollins questioned that funds being used for the engineering services for the work on East Loudoun Street had not been to Council . Mr. Niccolls explained that there were funds CO available under expert services in the engineering department that have already been appropriated. COCO Mayor Rollins reported that Judge Aiken had called him re- garding the plans for North Church Street during August Court Days . a Mr. Niccolls reported that in the past we have removed parking Q from this street to allow the flow of traffic to North Street . It was the consensus of opinion of the Council that parking should be removed from Church Street and that traffic flows should remain the same as they have in the past for these two days . 79-0-12 - ORDINANCE - AMENDING CHAPTER 17 OF THE TOWN CODE RE BUSINESS LICENSE FEE FOR MASSAGE PARLORS . ' On motion of Mr. Hill, seconded by Mr. Tolbert, the following ordinance was proposed and unanimously adopted: ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . Article II of Chapter 17 of the Town Code is amended by adding a new section, to be numbered Section 17-78 , which will read as follows : Section 17-78 . Massage Parlors . Any person conducting, operating or engaging in the business of a massage parlor, as defined in Section 11-62 of the Town Code, shall pay an annual license tax of $5 , 000 per location. SECTION II . This ordinance shall be in effect upon its passage. Aye : Councilmembers Herrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins . Nay : None. Item #2 on the Agenda was a proposed resolution regarding the Potomac River Water Supply Contract . Mayor Rollins informed Council that he had been contacted by the prime contractor wanting to discuss this matter with the Council giving the im- pression that there are some negotiations that could take place to reduce the cost, and also, he had been contacted by a sub- contractor giving the same impression. He stated that he felt it would be advantageous to meet with the contractor before taking any further action and Council was in agreement. Mr. Niccolls was asked to arrange for this meeting for next Tuesday, August l4 , 1979 . Mrs . Newman asked what the delay was from Council ' s original decision to go to the Potomac till now. Councilman Hill explained that getting Health Department approval and then securing the bonding were the reasons . He further stated his concerns that MINUTES OF AUGUST 8, 1979 46 making any revisions to the plans might cause more delays . Mr. Niccolls stated that he had received a call from the Health Department and that they were standing by to review any changes immediately should we need them. 79-114 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS AND RELEASE OF REMAINDER OF PERFORMANCE BOND FOR THE K-MART SITE ON EAST MARKET STREET . On motion of Mr. Murray, seconded by Mr. Hill , the following resolution was proposed. WHEREAS all public improvements for the K-Mart Store on East Market Street have been completed in accordance with the approved site plan, and WHEREAS Council at its meeting on January 24 , 1979 , made a partial release of the performance bond, partial acceptance of the public improvements , and approval of a $6 , 100 maintenance bond; NOW THEREFORE resolved by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The remaining $10 , 000 performance bond for installation of public improvements at the K-Mart store on East Market Street is released. SECTION II. All public improvements for K-Mart on East Market Street are accepted by the town. SECTION III . The maintenance bond in the amount of $6 , 100 which was approved in Resolution No. 79-12 on January 24 , 1979 , will remain in effect until January 24 , 1980 . Mr. Hill asked for verification that the problems regarding the storm sewer had been resolved. Mr. Shope explained that the I/problem had been thoroughly investigated and that there did not appear to be any problems remaining. Mayor Rollins asked if this bond applied to the parking lot but was informed that it did not. Resolution was unanimously adopted: Aye : Councilmembers Herrell , D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None . 79-115 - RESOLUTION - MAKING 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 . 820, Resurfacing, in the amount of $21, 000 . 00, for the fiscal year ending June 30 , 1980 . This appropriation is for resurfacing Old Waterford Road and the balance of Fort Evans Road. Resolution unanimously adopted : Aye : Councilmembers : Herrell, D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins. Nay : None. 79-116 - RESOLUTION - AUTHORIZING A CONTRACT WITH BERNARD M. CARLTON, INC. FOR COUNCIL CHAMBER RENOVATION. On motion of Mr. Tolbert, seconded by Mr. Herrell the following resolution was proposed: MINUTES OF AUGUST 8 , 1979 47 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 Bernard M. Carlton, Inc. of Leesburg, Virginia for renovations to the Council Chambers at 10 West Loudoun Street in accordance with plans and specifications prepared by Leon Chatelain, III, . A. I.A. in an amount not to exceed $32 , 400 . SECTION II . An appropriation is made from the general fund to Account number 10210 . 801 , Council Chambers Re- modeling, in the amount of $32 , 400 for the fiscal year ending June 30 , 1980 . Mrs . Hill moved to amend the plans to leave the windows and door on the south side of the meeting room as they are. Mr. Herrell seconded this motion. Mrs . Hill explained that her reasons for this were that she felt it would reduce the cost of the contract. Amendment was defeated: Aye: Counci member Nay: Councilmembers : Herrell, D. Hill, Murray, Tolbert Q) and Mayor Rollins . CO Mrs . Hill then moved to amend the plans to leave the two small W windows on the west side of the building as they are. This motion died for lack of a second. Q Mayor Rollins asked who would make the determinations on which boards would be replaced. Mr . Niccolls stated that the owner would--our inspectors and the architect. The Mayor them asked about the colors , Mr. Niccolls answered that test panels would be painted on the building for approval by the Council . Resolu- tion was adopted by a vote of 5 to 1 : Aye : Councilmembers : Herrell , D. Hill , Murray , Tolbert and Mayor Rollins Nay: M. Hill 79-115 - RESOLUTION - ADOPTING AND APPROVING THE EXECUTION OF A GRANT AGREEMENT BETWEEN THE TOWN OF LEESBURG AND THE UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION, PROVIDING FOR FEDERAL AID IN THE DEVELOPMENT OF LEESBURG MUNICIPAL AIRPORT, ROUTE 643, LOUDOUN COUNTY, VIRGINIA. ( 5-51-0027-02) On motion of Mr. Tolbert, seconded by Mr. Herrell , the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The Town of Leesburg shall enter into a Grant Agreement with the United States of America for the purpose of obtaining Federal aid in the development of Leesburg Municipal Airport by executing the Acceptance of a Grant Offer for ADAP Project No. 5-51-0027-02 . SECTION II . John Niccolls , Town Manager, is hereby authorized and directed to execute said Grant Agreement, six copies, on behalf of the Town of Leesburg, and Dorothy B. Rosen, Clerk of Council, is hereby authorized and directed to impress the official seal of the Town of Leesburg, Virginia and to attest said execution. SECTION III . The Grant Offer referred to is incorporated herein by reference and a copy shall be filed in the office of the Clerk. Mr. Minor explained that this was a routine agreement that needed to be completed prior to the end of the fiscal year for the government. MINUTES OF AUGUST 8 , 1979 . 48 This grant for $205 , 000 with the town paying 10 percent of the amount, will allow increased parking at the airport and installation of aircraft control lights. The increased parking would allow increased income from the airport. Mr. Hill asked about the changes required by the FAA, Mr. Minor explained that the changes reduced the number of parking spaces, reduced the size of the holding apron, changed the specifications in the asphalt, and moved the location of the segmented circle. Resolution was unanimously adopted: Aye: Councilmembers: Herrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins . Nay: None . Mayor Rollins mentioned having received a call from the comptroller at Barber and Ross regarding a rebate on an erroneous assessment . Mr. Niccolls stated that Mr. Martin has advised that there is a three year cap on rebates. On motion of Mr. Murray, seconded by Mr. Tolbert, Council voted unanimously to adjourn the meeting at 8 : 52 p.m. Mayor Clerk of ie Council Pro tow.- '