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.-
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