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HomeMy Public PortalAbout1979_09_12 60 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 12 , 1979 . A regular meeting of the Leesburg Town Council was held on September 12 , 1979 at 7 : 30 P .M. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. The meeting was called to order by the Mayor, with Mr . Tolbert giving the invocation, and followed with the Salute to the Flag led by Mr. Cole. Present were: Mayor Kenneth B . Rollins, Councilmembers Glen P. Cole, 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 Engineering Andrew G. Shope, Di- rector of Finance Donald O. Taylor and Town Attorney George M. Martin. Absent from the meeting was Councilmember Stanley D. Herrell, Jr. The minutes of the regular meeting of August 22 , 1979 and a special meeting of August 28 , 1979 were approved as written. MANAGER' S REPORT: Mr. Niccolls reported the following: (1) Mr. Taylor has provided a statement of cash balances as of September 1 . Mayor Rollins asked what has been paid out of the Capital Project Fund? Mr. Niccolls said we have spent funds on en- gineering, for the consultant ' s work during the bidding phase, legal fees, etc. Mayor Rollins asked if the figure shown in this fund represents interest accrued thus far. Mr. Taylor said "No, " the interest on the bond proceeds is credited to the Utility Fund. (2) He called attention to the written Activity Report, high- lighting the following items : (a) One of the oldest cases in Virginia - the Potter ' s Field case - is nearing final settlement. The lawyers for the other parties have signed the consent decree. It will be before the Finance and Administration Committee next week and, if Council agrees, we will get this out of the courts. This settlement basi- cally gives the town clear title to the center portion and leaves the -end portions to the contesting property owners. Then there will be a decision as to what to do with the property - to dispose of it, or to retain it in the Town ' s holdings. (b) The Potomac River water supply project is moving along to a tentative contract execution date of October 1 . There is a substantial amount of work to be done before the notices to - proceed are given to the contractors . They see no particular hold- up and expect the notices to be given on October 1 . This will start the 730 day time limit for completion of the projects . He and Mr. Shope met today with Highway Department people and thought they had a cooperative understanding on the transmission line con- struction permit in the extension of Edwards Ferry Road. They feel they can bring this project in without the large surcharge for traf- fic maintenance that the contractor provided in his bid. (c) Concerning the issuance of the new $1, 500 , 000 water bonds, the ordinance to be considered tonight has been prepared by the bond counsel . He and Mr. Wales have discussed this and they note that there is basically $6 , 500 , 000 in bond funds that will be avail- able after this issue . Since we know we are going to spend more than $6 , 500, 000, there is really no advantage to making it a multi-purpose issue and trying to reserve part of the funds for future sewer im- provement. One of the disadvantages is that, if we elect to make it a multi-purpose issue, the purposes and the respective amounts are supposed to be set out in the bond ordinance. If there is any money left in the bond fund, there is a 3-year limitation for the . retention of unused proceeds , or there are some IRS questions about taxability of the issue . So they recommend spending the bond money first and put the savings in the Utility Fund cash balances that don ' t have these constraints imposed on them by the IRS and the bond regulations . This issue is tentatively scheduled for October 15th or the week after . He has asked Mr. Wales to investigate if we should insure the principal and interest payments on these bonds. There is a firm that offers investors and towns, cities, etc. in- surance on bonds , and one of the rating agencies (S & P) gives the bonds an automatic triple A rating when they are insured. They are MINUTES OF SEPTEMBER 12 , 1979 MEETING. investigating to see whether the interest rate on these bonds 6 1 might be improved enough to offset the premium on the insurance. (d) There will be a walk-over with Highway Department representatives next Monday on the Rt . 7 East urban project. This precedes the December bid opening. (e) The projects on Town Branch below Hirst ' s have reduced the flooding problem there. With the volume of rain we had, it would probably have been in Hirst ' s and those homes had we not had this channelization . ( f) The Normandy Village drainage project is to begin on September 24 , to take about 60 days. (g) The bids will be opened on October 1st on the Fairview Subdivision storm drainage project. The test for rock shows no sub- stantial amount at all. (h) Sewer rehabilitation work is now underway and a demonstration will be set up within the next couple of weeks . Mr. Hill asked if the town would save any money by doing this work our- CO selves since we now have the equipment? Mr. Niccolls thought this CO should be investigated. ed (i) The ADAP project bid came in lower than the engi- neer ' s estimate and is on the Agenda tonight for contract authori- Q zation. . This was discussed in Committee prior to receipt of bids. Q (j) Bernard Carlton ' s equipment is lying around this building, so work will be starting on this project. Work on the log cabin will be starting shortly too. Mayor Rollins asked what the problem is at the Cattail Branch sewage pumping station? Mr. Shope explained that the one-day hold- ing basin allows water to infiltrate into it, therefore, it is pump- ing back into the wet well in the station and pumping ground water into our sewerage system. Temporarily they have,been made to plug up the line between the wet well and the lagoon. `-.The one-day holding basin is one of the requirements in the Dulles watershed. They will not waive this requirement, so it has been sent back to the developer to find ways to alleviate the problem. Mayor Rollins asked if these plans were approved by the State and the Town before it was con- structed? Mr. Shope said they were . Mr. Niccolls said the problem is that the final product leaks - the plans didn.' t take into con- sideration the excessive amounts of ground water in that area. It is just a farm pond with springs. There followed considerable dis- cussion concerning this matter. It was pointed out that Council has not accepted this yet. Mayor Rollins asked what is proposed for the Leesburg Manor parking lot? Mr. Shope said they will remove the present pavement, put in 12 to 16 inches of gravel and then put a surface coat on it. Mayor Rollins also asked for an explanation of the Mother Goose sewage pumping station? Mr. Niccolls explained that approximately 18 months ago, the Council agreed to the settlement of a lawsuit brought by Mother Goose, Inc. against the Town demanding a sewer connection for their property. Council agreed, because of prior commitments and the expenditures made by Mother Goose , Inc . in ac- quiring easements , etc. , that they might connect a 150-unit motel , a 250-seat restaurant and a golf course clubhouse facility to the Town ' s sewer system through a system of gravity sewers and force mains . Late last summer they applied for the actual permit and there were negotiations about the size and fall of sewer lines, etc . Now they are actually beginning this work . Mr. Murray thought they are :going to build a clubhouse. Mr. Niccolls said they have gone to the County Engineering Department for permit approval. He did not know exactly what facilities they plan to build, but he will check into this . Mr. Hill said we are concerned only with this force main. MAYOR'S REPORT: (1) Mayor Rollins read into the minutes a letter from Mr. Louis Nichols of Holley Ridge Custom Landscaping, asking for consideration c MINUTES OF SEPTEMBER 12 , 1979 MEETING . 2 U when the town needs such work . (2) He also read into the record a letter from the Paxton Home requesting renegotiation for the Paxton Well rates. He asked that Mr. Niccolls acknowledge this letter and that the Utility Committee and he be the negotiating agents for the Town. It was decided that this matter, be considered at the October 1st Utility Committee meeting. COUNCILMEMBER INQUIRIES AND COMMENTS : Mr. Hill asked that a thorough check be made for infiltration before the Cattail Branch Sewage Pumping Station is accepted into the system. Mrs . . Hill said Mr. Harry Hough, of 114 Belmont Drive, has requested a yellow line in front of the fire hydrant located in his front yard. She noted that not all fire hydrants are marked in this way and asked why they are not? Also, it was noted that the fine for such violation, in a newspaper article, was $25 . 00. Per- haps the Finance Committee should review the Town ' s ordinances on this matter. Mr. Tolbert said Mr. Minor, Mr. Gregg and he attended the Virginia Aviation Conference in Fredericksburg. He reported that Manassas got about $3, 000 , 000 . The Director of the Eastern Region gave Leesburg a big plug. They discussed the needs and wants of airports in the State. A lot of communities don 't seem to be in- volved in airports - they frown on them. Mayor Rollins advised Council that the Loudoun Baptist Temple has lost their case in the Circuit Court concerning the purchase of town tags for their vehicles . They have noted an appeal to the Supreme Court. After meeting with Mr. Devine and Mr. Martin, it is felt that Mr. Devine should pursue this case in the Supreme Court, unless there is some objection from Council. Mayor Rollins said fees could amount to $3 , 000 to $4 , 000 if the Supreme Court accepts the case, and he believed the town would have to pay its own counsel fees regardless of the outcome of the suit. 79-0-16 - ORDINANCE —AUTHORIZING THE ISSUANCE OF 9500 , 000 WATER BONDS OF THE TOWN OF LEESBURG, VIRGINIA. On motion of Mr. Tolbert, seconded by Mr. Cole, the following ordinance was proposed : ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . It is hereby determined to be necessary and ex- pedient for the Town of Leesburg to continue its program of improving and enlarging its water system to promote the development and public welfare of the Town of Leesburg and to borrow money for such purpose and issue the Town ' s general obligation bonds therefor. SECTION II. Pursuant to the authority of the Town Charter and the Public Finance Act, as amended, there are hereby authorized to be issued water bonds of the Town of Leesburg in an amount not to exceed One Million Five Hundred Thousand Dollars ( $1, 500, 000) to provide funds, together with other funds that may be available, to improve and enlarge the Town ' s water system, including construction of a ,water in- take structure, filtration and treatment plant, 'storage facility, pumping station and transmission mains. SECTION III. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear interest at such rate or rates not to exceed the maxi- mum rate authorized by law at the time the bonds are sold, be in such denomination and form, be executed in such manner and be sold at such time or times and in such manner as the Council shall hereafter provide by appropriate resolution or resolutions. MINUTES OF SEPTEMBER 12 , 1979 MEETING. c 3 SECTION IV. The bonds shall be general obligations of. o the Town of Leesburg for the payment of principal of and interest on which its full faith and credit shall be ir- revocably pledged. SECTION V. An emergency exists and this ordinance shall be in effect upon its passage. Mayor Rollins understood it is recommended that this be interest only for 15 years at the end . Mr. Niccolls said this will be found in the authorizing resolution, which will be the next step. The ordinance was unanimously adopted: Aye : Councilmembers Cole, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay : None. 79-124 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF JOHN H . COOK, III , ET ALS FOR REVISION OF ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11 , TITLE 15 . 1 OF THE 1950 CODE OF VIRGINIA, CO AS AMENDED. CO N On motion of Mrs. Hill , seconded by Mr. Cole, the following W resolution was proposed : Q RESOLVED by the Council of the Town of Leesburg, Virginia, Q as follows : The application of John H. Cook, III and Agnes diZerega Cook, et als for revision of the zoning district map, as- signed No. ZM-27 , is received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15 . 1 of the 1950 Code of Virginia, as amended. Mrs . Hill explained that this request is from R-1 to MC zoning. It is located across the street from the Texaco Station on Loudoun , Street. She understood they want to build a medical complex. Mayor Rollins commented that this would be "spot zoning. " The resolution was unanimously adopted: Aye : Councilmembers Cole, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay: None. 79-125 - RESOLUTION - ADOPTING MINIMUM STANDARDS FOR CONSTRUCTION AND MAINTENANCE OF ENTRANCES TO TOWN STREETS . On motion of Mr. Murray, seconded by Mr. Tolbert, the follow- ing resolution was proposed : WHEREAS, Section 16-3 of the Town Code requires a permit before any entrance is constructed to the town streets; and WHEREAS , standards are needed for the issuance or denial of permit applications : THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The manual of "Minimum Standards of Entrances to State Highways , Virginia Department of Highways and Trans- portation, Traffic and Safety Division, 1979" , is adopted and shall apply within the town except as revised herein and except as incompatible or inconsistent with ordinances or regulations of the town. SECTION II . The following regulations shall apply within the town in lieu of the "general rules and regulations" for entrances found on pages 9 , 10 and 11 of the manual : MINUTES OF SEPTEMBER 12 , 1979 MEETING. 64 Section 1 . Definitions : When used in these Rules and Regulations, (a) COUNCIL means the Leesburg Town Council. (b) MANAGER means the Leesburg Town Manager. (c) TOWN means the Town of Leesburg in Vir- ginia. (d) DEPARTMENT means the Town Department of Engineering. (e) STREET shall mean "streets" as defined in Sec . 1-2 of the Town Code. Section 2 . No work of any nature shall be performed on any real property under the ownership, control or jurisdic- tion of the Town until written permission is first obtained from the Manager. Written permission, under this section, is granted by way of permit except that the letting of a con- tract by and between the Town and any other party grants to the party an automatic permit within the area under contract, unless otherwise provided in the contract. Section 3. All permits, except as hereinafter provided, must be in writing and signed by the person duly authorized by the Manager. Except as hereinafter provided, application for all permits shall be made through the Director of Engi- neering. Section 4 . A permit may be denied any applicant and all permits issued by the Manager may be revoked whenever in the opinion of the Manager safety, use, or maintenance of the street so requires . Section 5 . No zoning permit shall be issued until the applicant has complied with the restrictions, specifications, and fee requirements of the Town Code and the Manual of Mini- mum Ertrance Standards to State Highways, when applicable . Section 6 . Permit holders shall at all times indemnify and save harmless the Town and its employees, agents, and officers, from responsibility, damage, or liability arising from the exercise of the privileges granted in such permit. Section 7 . Any structure placed upon or within a street shall be relocated or removed whenever ordered by the Manager. Such relocation or removal shall be accom- plished at no expense to the Town unless the Council agrees otherwise. Section 8 . No person, firm, or corporation shall use or occupy any street for any purpose except travel thereon except as may be authorized by the Manager or as provided by law. Section 9 . No person, firm, or corporation shall with- out the consent of the Manager remove, injure, destroy, break, deface, or in any way tamper with any property, real or personal, which is growing or has been placed on any street within the Town. Section 10 . No person, firm, or corporation may cause water from any source to flow upon any street nor shall any person, firm, or corporation cause any increase of the water at present lawfully on any street or concentrate the flow of water upon any street in the Town without the written consent of the Manager. Section 11 . No entrance of any nature shall be made, built, or constructed upon any street within the Town until the location has been determined by the Manager to be ac- ceptable from a public safety standpoint and all other re- quirements of these regulations are met. The design and construction of entrances approved by the Manager shall com- ply with this resolution and the Manual of Minimum Entrance Standards to State Highways . MINUTES OF SEPTEMBER 12 , 1979 MEETING. 65 Section 12 . If any object or objects are placed on, above, or under any street in violation of these regula- tions and the owner, after ten days notice, refuses to re- move the object or objects , the Manager may cause same to be removed at owner ' s expense . This shall not be inter- preted to prevent the Manager from immediately removing any object or objects which in his opinion must be removed for public safety, use, or maintenance of any street within the Town. Removal in this instance shall also be at owner ' s expense. SECTION III . All applications for permits shall be made through the Director of Engineering on forms provided for that purpose by the Director of Engineering . The applicant shall submit plans for proposed installations in sufficient time to permit the Director of Engineering to review them and make any necessary studies . The plans shall include de- tailed information concerning the proposed work on the street. Complete information concerning the location of the work, the type pavement, the roadway geometrics and other facts about the street shall be included. All permits shall be issued to the owner of the adjoining property. CO CO SECTION IV. Application for a permit to provide entrances Nto large commercial and industrial sites and other businesses W which will generate considerable volumes of traffic and therefore causes a major impact on the road network need CZ special evaluation. Among these are trucking terminals , Q large shopping centers (more than 15, 000 square feet of floor space) and large industrial sites . Applications for permits for entrances to these types of development shall be reviewed by the Director of Engineering and forwarded with his comments and recommendations to the Council for final approval . SECTION V. The Manager shall not issue any permit for con- struction of any street entrance within a street which in his opinion will constitute an undue safety hazard. In de- termining whether or not a proposed entrance would be an undue safety hazard, the Manager shall consider the follow- ing: (a) The extent of sight distance obstruction by topography or structures in the vicinity of the entrance . (b) The transportation plan element of the Compre- hensive Plan. (c) The proximity of intersecting streets and other driveway connections . (d) The length of off-set from driveway or street connections on the opposite side of the street from the proposed entrance. (e) Other traffic conditions. SECTION VI . The Town is responsible for maintenance of that portion of entrances within the normal shoulder of streets without curbs and gutters . The property owner is responsible for maintenance of the remainder of the entrance. In streets with curbs and gutters and sidewalks, the Town is responsible for maintenance of the entrances to the back edge of the sidewalk . Mr. Hill commented that he was pleased to see some discretion be- tween entrances. The resolution was unanimously adopted: Aye : Councilmembers Cole, D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins . Nay: None . 79-126 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30 , 1980 . On motion of Mrs. Hill , seconded by Mr. Tolbert, the fol- lowing resolution was proposed: MINUTES OF SEPTEMBER 12 , 1979 MEETING. 66 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 , 1980 : Account No. Name Appropriation 10110 . 802 Capital Outlay-Rt. 7 East $ 2 , 201 . 29 10110 . 803 Capital Outlay-Rt . 7 West 1 , 101. 91 Mrs. Hill explained that this is for preliminary engineering that has been done . Mayor Rollins asked how much right-of-way will be left after the Rt. 7 East project is done? Mr. Niccolls said six inches to a foot; Mayor Rollins said this is not enough for any planting. Mr. Niccolls said perhaps we should get some planting easements. There will be a median strip from Fort Evans Road to Johnson ' s House of Beef. The resolution was unanimously adopted: Aye : Councilmembers Cole, D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins . Nay: None . 79-127 - RESOLUTION - AUTHORIZING NOTICES OF PUBLICATION OF PUBLIC HEARINGS ON A PRE-APPLICATION FOR COMMUNITY DEVELOPMENT SMALL CITIES SINGLE PURPOSE GRANT FUNDS . There being no objection to consideration tonight, on motion of Mr. Tolbert, seconded by Mr. Cole, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . Notices of public hearing to receive citizen views and suggestions on community development and housing needs within Leesburg and a possible pre-application for community development funds to meet these needs shall be published in the Loudoun Times-Mirror on September 13 , 1979 and September 27 , 1979 for public hearings on September 26, 1979 , at 7 : 30 p.m. and October 10 , 1979 at 7 : 30 p.m. Both hearings shall be held in the Council Chambers, at 10 West Loudoun Street, Leesburg, Virginia. Mr. Niccolls explained that this is a technical step leading to an application for funds next year for some more 100 percent grant money. A list of possible projects was attached to the Agenda pack_ et, but Councilmembers may have other suggestions . He said they have not found the HUD requirements to be overly burdensome on this year ' s project . The resolution was unanimously adopted: Aye : Councilmembers Cole, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins. Nay : None. 79-128 - RESOLUTION - AUTHORIZING A CONTRACT FOR CONSTRUCTION OF LEESBURG AIRPORT IMPROVEMENTS (ADAP #5-51-0027-02) . There being no objection to consideration tonight , on motion of Mr. Tolbert, seconded by Mr. Murray, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The Manager is authorized and directed to enter into a unit price contract with R. L. Rider and Company of Warrenton, Virginia for Leesburg Airport Improvements (ADAP Project #5-51-0027-02) in accordance with contract documents, plans and specifications dated August 1979 prepared by Dew- berry, Nealon and Davis, and the unit price base bid along MINUTES OF SEPTEMBER 12 , 1979 MEETING. with alternates #1 and #2 submitted August 31, 1979 by 6 7 R. L. Rider and Company at a contract price of $173 , 699 . 50 . SECTION II . An appropriation is made from the Airport Fund to Account No. 30000 . 801, Safety and Maintenance Improve- ' ments , in the amount of $183, 699 for the fiscal year end- ing June 30, 1980 . Mr. Tolbert asked why the appropriation is for $10 , 000 more than the contract price . Mr. Minor explained that this is a unit price contract. We usually add a little more to take care of unknown quantities - this is five percent . Mr. Niccolls said this is being funded 95 percent. The Airport Fund has enough cash to pay our five percent. Mr. Hill asked how the Airport Fund has so much money? Mr. Niccolls said some of this is probably obligated to pay bills . Mr. Taylor estimated that the fund has about $22 , 000 . The money authorized last spring to be borrowed from the Utility Fund for the Airport Fund will be paid back. The Utility Fund will bene- fit from this . Mayor Rollins asked if our five percent has been appropriated? Mr. Minor explained that the formula for this proj- ect is 80 percent Federal, 10 percent State and 10 percent local . The total appropriated is for the total expenses. Engineering CD expenses have already been appropriated. Mr. Hill asked if we have CDto pay these monies and then be reimbursed? Mr. Minor said FAA has N advised that they will advance the money. There ,was some discus- sion concerning the fact that FAA withheld the final payment on the W last project pending the final audit. This is why the loan was made C from the Utility Fund. This has been received and an appropria- a tion to repay this money, with 6 percent interest, will be on the next Agenda. The resolution was unanimously adopted: Aye : Councilmembers Cole , D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. Mayor Rollins thought that Mr. Wagner ' s appearance next week on the Route 7-West project was to be before the Committee only to show what the Highway Department has done to change the project . Then Council can either vote not to proceed before the public hear- in or have the public hearing and then decide whether to go ahead or not . He asked Council if they want to vote before the public hearing? Mr. Murray felt there is no point in spending money for the hearing if there are four or five councilmembers who are not in favor of the project, so he would like to see Council vote be- fore the public hearing. Mr. Hill said he would like to see it go its full course - let the public have input at a public hearing held by the Highway Department and then make a decision. Mrs. Hill understood that the Council could hold a public hearing in lieu of the Highway Department one. Mayor Rollins. agreed. with Mr. Hill - he would rather see its full course. There will be people present when the Council votes. It was understood that the meeting Monday night is strictly a Committee meeting. It was the consensus of the members that, unless the Committee feels differently after the meeting Monday night, it will go on to public hearing and then come back to Council for a vote. Mayor Rollins recognized Mr. Franklin Hinckle. He said he is glad to see that Council is going ahead with the Potomac River water plant , even though they are 10 years behind. The water is a• lot better than well water when it is processed right. I/ On motion of Mr. Murray, seconded by Mr. Tolbert, Council voted unanimously to adjourn the meeting at 8 : 45 P.M. / Mayor / 1 Clerk of t - Council