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HomeMy Public PortalAbout1982_05_26 383 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARING ON REZONING APPLICATION #ZM-40 (GORE) , MAY 26 , 1982 . A regular meeting of the Leesburg Town Council was held on May 26 , 1982 at 7 : 30 p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. The meeting was called to order by the Mayor, who led the Salute to the Flag, and followed with the invoca- tion by Mr . Tolbert. Present were: Mayor G. Dewey Hill, Jr. , Coun- cilmembers Charles A. Bos, Stanley D. Herrell, Jr. , Marylou Hill, John W. Tolbert, Jr, and Howard M. Willis, Jr; also Town Manager John Niccolls, Assistant Manager Jeffrey H. Minor, Assistant to Manager for Community Development Marc Weiss, Director of Finance Donald O. Taylor and Town Attorney George M. Martin. Absent from the meeting was Councilmember Glen P . Cole. PETITIONERS : An invitation to bidders for sealed bid proposals for a lease of a portion of Leesburg Airport for the construction, operation and management of aircraft storage facilities was read by the Clerk. One bid only was received, that being from Jahelle Aviation, Inc . , the fixed base operator at the Airport, accompanied by a certified check in the amount of $2 , 000 . Monthly rental is listed on a sched- ule running to the year 2025 , beginning at $6 . 00 and ending at $21. 50. The bidder requests a cost reimbursement for site development ex- penses to be incurred in the project of $5 , 000 . The recommendation from the staff is that this proposal be referred to the Airport Com- mission and then to the Finance Committee before it comes back to Council at its next meeting for action. Mr. Haynes said this $6 . 00 is rent per occupied unit per month. They are proposing to build 18 units initially - the requirement in the proposal was for 12 . Mayor Hill referred this to the Airport Commission for a recommenda- tion to the Finance Committee. PUBLIC HEARING : A public hearing on Rezoning Application #ZM-40 by Richard O. Gore to rezone from R-1 to B-2 a parcel of land containing 14 , 685 square feet on the south side of Davis Avenue was opened by the Mayor. The notice of hearing was read by the Clerk. A proffer submitted by Mr. Gore was also read into the record, said proffer eliminating all uses of the B-2 zoning except multi-family dwell- ings . Mrs . Hill reported that the Planning Commission recommends that this property be rezoned from R-1 to B-2 , providing the land is used for multi-family dwellings only. Mr . Charles Forsch of DeLashmutt Associates, engineer for the project, said they are asking for rezoning from R-1 to B-2 , with the attached proffer. Mr. S. D. Phillips, Jr . earlier requested rezoning of the adjoining parcel of land and received such rezoning. Mr. Gore has since purchased the subject property from Mr. Perry Wins- ton and wishes it to be included for the same type of use. The prop- erty is totally surrounded by B-2 zoning and fronts on Davis Avenue. They are asking to fill the gap between the existing B-2 zones. Mr. Willis asked if this is the piece of property on which there is a stone house? Mr. Forsch said this is behind that house. Mayor Hill declared the hearing closed and referred this mat- ter to the Finance and Administration Committee for recommendation to Council. MANAGER' S REPORT: (1) Mr. Niccolls reminded councilmembers that the Tuesday night, June 1, public works committee meeting is set for 6 : 30 because there is a meeting planned with Doctors Rainey and Barbee to wrap up the cable project. All council members are invited. The budget work- shop is scheduled for 6 : 30 on Wednesday_n:ight.-, -June 2 . (2) An appeal has been filed by various residents around Ed- wards Ferry Mews of a decision of the Zoning Administrator regarding the lots and decisions made by the Planning Commission and other staff officials concerning the approval of that subdivision. Mr. Mar- tin has been asked for his opinion on certain questions posed by the Chairman of the Board of Zoning Appeals. His answer indicates that 384 MINUTES OF MAY 26 , 1982 MEETING. the Board does not have standing to hear the appeal . He has advised the Board of Zoning Appeals what procedures it should take in handl- ing that matter . Arguments on that question will be heard by the Board at a meeting to be scheduled and advertised in the normal way. This is a matter that is working its way through the normal course of legal remedies and will sooner or later be resolved. Notice has been given to the owner of the property involved and copies of the appeal have been made for Council and the Planning Commission. Mayor Hill asked if it is proper for the Board of Zoning Appeals to act on this? Mr. Niccolls said the appeal refers to decisions made by the Zoning Administrator with regard to lot .._: dimensions. It also refers to other decisions made with regard to the subdivision itself - primarily those made by the Planning Commission. Mr. Mar- tin was asked four questions : (1) Can the BZA entertain an appeal received 30 days after the decision complained of? The answer was "No" , Mr . Forbes ' decision on the lots was made on March 4 - the appeal was received on May 17 ; (2) Can the BZA entertain appeals of decisions made by persons other than Zoning Administrator? Mr. Martin said "No" ; (3) Can the BZA entertain an appeal of a de- cision made by the Zoning Administrator acting in his capacity as advisor to the Planning Commission on the subdivision. process and not really enforcing the Zoning Ordinance per se? Mr. Niccolls said the decision of the Zoning Administrator in such cases is to just advise the Planning Commission whether the proposed lots con- form to the Zoning Ordinance. Mr. Martin said "No" , the BZA has no jurisdiction in a matter of that sort since the Zoning Adminis- trator is not acting in his capacity under the Zoning Ordinance, but in a capacity as advisor to the Planning Commission under the Sub- division Ordinance - a matter not appealable to the BZA. (4) How should the Board proceed if it feels it does not have jurisdiction? Mr. Martin advised the Board members to conduct a public hearing, indicate its intention to refuse the appeal , allow arguments on that single issue before the Board at that time, render a decision and then their decision on that is appealable to Circuit Court if any- body is aggrieved by that decision. If the Board decides not to entertain an appeal, then that can be appealed. If it decides to entertain an appeal , that decision could too be appealed. If it decides to have an appeal hearing on the merits, that would be a separate evening meeting. (3) There are 1400 cable connections on Storer ' s system as of May 18 . This is pretty good penetration. (4) Mr. Dunning is here with five minutes of good news about the concert series. (5) The County sent us a check for $3 , 000 to assist in the brick sidewalk work - this shows a good cooperative spirit on the sidewalk work in front of the court house, etc . (6) The County office of housing services has received two applications in the town ' s housing rehabilitation program. This means that homeowners in the South Harrison Street area are inter- ested. This will be a small project, but it will have an impact. (7) The Economic Advisory Committee has been activated and has elected officers . They are going through a formal training course published by the ICMA. They are meeting early in the morning to go through this course on how to be effective in the job of economic development in the community. (8) The FAA has made the decision concerning the. flight ser- vice station. We have now received a notice from FAA about bid solicitations and there has to be some Council decision made on what process we should use to approach this problem, basically as a town endeavor or as a joint partnership or what? This will be on the agenda next week. This is a very important question. (9) We are only about a week behind on the North King Street project and hope to catch up the time. Brick will be finished on MINUTES OF MAY 26 , 1982 MEETING. . 38 5 . Sections 1 and 2 (east side of North King between Cornwall and o Market) and concrete will be poured tomorrow on Section 3 (north half of North King) . Our crews are demonstrating how much exper- ience they have gained in the last two or three years. (10) Last Thursday he announced a limited problem with the water supply capability. Before the rains people were using a lot of water outside and we couldn ' t meet the demand. We turned on Andover Well and the Director of Utility Plants started experimenting with the Phillips-Nickels well . We have found the water levels have recovered and he has been carefully pumping that well and has been drawing about 60, 000 to 80 , 000 gallons per day from it. With these two wells, we ' were able to pump about 1, 275 , 000 gallons daily so we are back on a normal course. (11) We still don ' t have a firm date for pumping out of the new treatment plant. COUNCILMEMBER COMMENTS AND INQUIRIES : Mr. Bos said the Economic Development Committee seems pretty "charged up" - the background of these people is very good. Marc is leading a training course that will go on for several meetings . O He (Mr. Bos) was excited about the enthusiasm of this:°committee:..and T hopes it will retain that level . Q There was a notice in the packet last week that the Northern Virginia Chapter of Virginia American Planners Association was Q hosted by Leesburg. He observed at this meeting and got a big charge out of it. There were representatives from Prince William, Fairfax and Loudoun County. They gave overviews on growth and planning in the urban fringe area - they had some pertinent general statements that affect this area. Mr. Weiss did a nice job of running that panel . 82-64 - RESOLUTION. - AUTHORIZING CLOSING OF KING AND MARKET STREETS I . FOR LEESBURG CONCERTS . On motion of Mr. Tolbert, seconded by Mr. Willis, the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The manager shall close King and Market Streets to traffic as necessary for the Leesburg Concert on June 13, 1982 . Mr. Peter Dunning, who has been working on a concert series for Lees- burg and who has promoted the Bluemont Concert Series, gave an in- depth progress report on this project. He was very gratified for the support he has received from the Town Office staff, where he has been working for the last several months. The Downtown Busi- ness Association and the Chamber of Commerce are supporting this program, as well as the Loudoun County High School - they have of- fered the use of their auditorium in case of rain. He distributed copies of the last "Bluemont Muse, " which contains the first an- nouncement of this series and a schedule of events. Two of these scheduled events have been changed. These performers have been scheduled to appear at the hospital and nursing homes prior to the evening concerts - this is part of the fee we are paying them. The town ' s grant was for $2 , 500 and we have asked the Virginia Commission for the Arts to match that money. He talked to the Commission today and they are giving full funding for the program, which adds another $2 , 500 . Mayor Hill asked if this will take care of expenses? Mr. Dunning said it will not cover it all, but it will help. This is a family community concert series and families need to support it if they want it to continue. They are asking for a $1 . 00 donation per person, or more if they want. They don ' t know how much this will bring in, but there will be an accounting at the end of the series. There will be volunteer help and councilmembers and em- ployees are encouraged to help. Closing of the streets is abso- lutely essential . There are some really fine performers coming here and it wouldn' t be gracious and a Leesburg welcome to have traffic going by while they are performing. He asked the town to help with 8`' MINUTES OF MAY 26 , 1982 MEETING. 3V publicity and recommended that they do a special printing of the upcoming newsletter to be. mailed to the residents of Leesburg - this is Leesburg ' s series . He would like the town ' s reasonable support for this extra-special mailing - starting it off properly is what it needs. He would like to focus on communities in this area. The newsletter goes to about 4100 people in this general area and the Times-Mirror and the radio station are usually very helpful. Perhaps the cable T.V. will help also: The DBA has ten- tatively agreed to help with mailing to the media within a 50-mile radius and the Chamber has agreed to help with a mailing to their members and perhaps help with some posters . The County has agreed that the Tourism Department can put some ads in the Washington Post and perhaps distribute posters around the County. We are right on the verge of this program now and it is an investment in your com- munity. What you can do for it now is the way you can get involved Now is the time to give it the character that we want. He encour- aged council as a body and individually to support the program. Mr. Bos asked about parking facilities? Mr . Dunning said the idea is to put signs up indicating parking in the old A&P lot and to let the people know that, in case of rain, the concert will be in Loudoun County High School. Mayor Hill reminded that the Vinegar Hill parking lot can be used as well . Mr. Dunning said he is avail- able for any input from any of the council members . Mr. Bos said the committee has agreed to see how the first concert goes and he prefers to see the streets closed off . He asked the schedule for street repairs on North King Street? Mr. Niccolls said the paving will be undertaken in the three weeks previous to August Court Days. This means . excavation of old material and replacement with new material, compaction, etc. and then blacktop. They are basically closed for just a couple of days . Mr . Herrell said he had some reservations about this but, after looking at this overall, he is inclined to go ahead and close them .for the whole series so Mr . Niccolls can coordinate everything. Mrs. Hill said the committee talked about time for the streets to be closed, suggesting 6 : 30 to 9 : 30 . She now feels they should be closed from 6 : 30 until the conclusion of the concert. On motion of Mrs. Hill , seconded by Mr. Tolbert, Council voted unanimously to amend the resolution to close the streets from 6 : 30 p.m. to the conclusion of the concerts Aye: Councilmembers Bos, Herrell , M. Hill , Tolbert, Willis and Mayor Hill. Nay: None. On motion of Mr. Herrell, seconded by Mr. Tolbert; Council voted unanimously to close the streets for all five concerts - June 13, June 27 , July 18 , July 25 and August 1 : Aye: Councilmembers Bos , Herrell , M. Hill, Tolbert, Willis and Mayor Hill. Nay: None. Mr. Bos said Mr. Dunning is getting a crew together to help clean up in order to minimize the impact on town forces cleaning the streets afterward. Mayor Hill noted that Mr. Herrell was not in favor of this to start out with. Mr. Herrell said he learned more about it and changed his mind. The resolution, as amended above, was unanimously adopted and reads as follows : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The manager shall close King and Market Streets to traffic for the Leesburg Concerts on June 13, June 27 , July 18 , July 25 and August 1, 1982 from 6 : 30 p.m. to the conclusion of the concerts. Aye : Councilmembers Bos, Herrell , M. Hill, Tolbert, Willis and Mayor Hill . Nay: None. MINUTES OF MAY 26 , 1982 MEETING . 387 Mayor Hill extended an invitation to Mayor-elect Sevila and Mr. Gheen to attend the meetings next week. 82-0-19 - ORDINANCE - AMENDING SECTION 10-131 OF THE TOWN CODE RE- GARDING SPEED LIMITS . On motion of Mrs. Hill , seconded by Mr . Bos, the following ordi- nance was proposed : ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Section 10-131 of the Town Code is amended to read as follows : Sec . 10-131. Speed Limits . The maximum speed limits on streets within town shall be twenty-five miles per hour or as prescribed in this section and no person shall drive a motor vehicle in excess of such maximum limits. Upon the following streets within the town, between the points hereinafter indicated, the maximum speed limit shall be the speed hereinafter indicated and no person O shall drive a motor vehicle between such points in excess of such maximum speed limit: (a) King Street, for southbound vehicles : Thirty-five Q miles per hour from 300 feet south of First Street to the south Q corporate limits. (b) King Street, for northbound vehicles : Thirty-five miles per hour from the south corporate limits to 300 feet south of First Street. (c) Market Street, for westbound vehicles: Thirty-five miles per hour from the east corporate limits to Fort Evans Road. (d) Market Street, for eastbound vehicles : Thirty-five miles per hour from Fort Evans Road to the east corporate lim- its. (e) Edwards Ferry Road: Thirty-five miles per hour from Plaza Street to the east corporate limits. SECTION II . This ordinance shall be in effect upon its pas- sage. Mrs. Hill asked if the only change is Dry Mill Road? Mr. Niccolls said this is correct. Mrs. Hill commented that this establishes 25 miles per hour as the maximum speed limit in all other areas . Mr. Tolbert felt they go faster than 35 in his neighborhood. The ordinance was unanimously adopted : Aye: Councilmembers Bos, Herrell , M. Hill, Tolbert, Willis and Mayor Hill . Nay : None. 82-0-20 - ORDINANCE - AMENDING SECTION 11-82 OF THE TOWN CODE . On motion of Mrs. Hill , seconded by Mr. Herrell, the following resolution was proposed : ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Section 11-82 of the Town Code is amended to read as follows : Sec . 11-82 . Hours parks closed. (a) No person shall go upon, use, occupy or remain in any town park during the hours set out below: MINUTES OF MAY 26, 1982 MEETING. 388 Town Park Hours Closed Rotary Park 11 : 00 p.m. to 6 : 00 a.m. Harrison Street Baseball Field 10 : 00 p.m. to 6 : 00 a.m. Plaza Street Neighborhood Park 10 : 00 p.m. to 6 : 00 a.m. Catoctin Circle Tennis Courts 12 : 00 p.m. to 6 : 00 a.m. (b) The manager shall erect appropriate signs so that an ordinarily observant person affected by this section will be aware of this section. SECTION II . This ordinance shall be in effect upon its pas- sage. Mr. Willis asked if the park committee is satisfied with this? Mr. Niccolls said the Finance Committee made this decision although the Citizen Advisory Committee has not met yet. There is a real diver- gence between Loudoun House ground rules and the rules that apply to this park and we are trying to get together on it. Mr. Tolbert said he had been getting some calls about basketball at midnight and after. Mr. Niccolls said the closing time is midnight now, but this will change that and there will be a sign spelling out the hours. Mrs. Hill asked how the litter problem is down there? Mr. Niccolls said we have intensive litter service out there and the Police Department has been instructed to work on it from an enforcement angle - it is a serious problem. Mrs . Hill asked if we have anagreementwith the new manager out there? Mr. Niccolls said there has been none since Mrs. Gouveia left and the latest manager is leaving this week. Mayor Hill suggested that these new hours go through the Citizen Advisory Committee. Mr. Herrell felt Council should vote on this and then, if there are problems, that committee can meet and makeanysuggestions. Mr. Minor saidthePolice Department has gotten the security guards there to be conservators of the peace - this is effective now. They don ' t know the hours and they have a problem with some of the ten- ants. The Police Department says time is critical . Mayor Hill felt this committee should be used in the future. They should meet and discuss this matter and maybe they will take some action. Mr. Weiss felt the discrepancy in hours should be settled. The resolution was unanimously adopted: Aye: Councilmembers Bos, Herrell , M. Hill , Tolbert, Willis and Mayor Hill. Nay: None. 82-65 - RESOLUTION - RETAINING HUNTON & WILLIAMS, RICHMOND, VIRGINIA, AS BOND COUNSEL AND APPROPRIATION THEREFOR. On motion of Mr. Willis, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, the Town of Leesburg, Virginia (the Town) desires to retain the firm of Hunton & Williams, Richmond, Virginia, as its bond counsel in connection with the issuance and sale of its $680 , 000 Road Bonds and Bond Anticipation Notes; and WHEREAS , the Council has received a disclosure by Hunton & Williams, pursuant to Virginia Code Section 2 . 1-349 (a) (2) and (b) (5) , being part of the Virginia Conflict of Interests Act, of certain members and associates of such firm, and - spouses of members and associates, who serve governmental agencies other than the town; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I. Hunton & Williams, Richmond, Virginia, shall be re- tained as bond counsel in connection with the issuance and sale of its $680, 000 Road Bonds and Bond Anticipation Notes. MINUTES OF MAY 26 , 1982 MEETING. 9Q n SECTION II . The agreement to retain Hunton & Williams as JO J bond counsel is a contract for legal services which, in the judgment of the Town, in the public interest should not be acquired through competitive bidding. SECTION III . An appropriation in the amount of $3, 500 is made from the General Fund to Account #1214 . 300 , Contractual Services, for the fiscal year 1982 . SECTION IV. This resolution shall be filed as a matter of public record with the minutes of this meeting. Mr. Bos asked the time sequence of the whole bond process? Mr. Taylor said the sale will be approved at the first meeting in July. The actual negotiation will take place two days before that and the notes will be delivered a week after that. Timing is important. The resolution was unanimously adopted: Aye: Councilmembers Bos , Herrell, M. Hill, Tolbert, Willis and Mayor Hill . Nay: None. N 82-0-21 - ORDINANCE - AUTHORIZING THE ISSUANCE OF ROAD BONDS OF THE O TOWN OF LEESBURG, VIRGINIA, IN THE MAXIMUM AMOUNT OF $680, 000 . Q On motion of Mr. Willis , seconded by Mr. Bos, the following ordinance was proposed : Q ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I . It is hereby determined to be necessary and ex- pedient for the Town of Leesburg, Virginia, to undertake a program of road construction and improvement, including the acquisition of rights-of-way and the construction of curbs, ' gutters, sidewalks and storm drainage facilities, which will promote the development and public welfare of the Town, and to finance the cost thereof by borrowing $680, 000 and issuing the Town ' s general obligation bonds therefor . SECTION II . Pursuant to the Town Charter and the Public Fi- nance Act, as amended, there are hereby authorized to be is- sued road bonds of the Town of Leesburg in the maximum amount of Six Hundred Eighty Thousand Dollars ( $680, 000) to provide funds, together with other available funds, to finance such road construction and improvement. SECTION III . The bonds will bear such date or dates, mature at such time or times not exceeding forty years from their dates, bear interest at such rate or rates not exceeding the macimum rate permitted by law at the time the bonds are sold, be in such denomination and form, be executed in such manner and sold at such time or times and in such manner as the Coun- cil shall hereafter provide by appropriate resolution or reso- lutions. SECTION IV. The bonds shall be general obligations of the Town of Leesburg for the payment of principal and interest on which its full faith and credit are hereby irrevocably pledged. SECTION V. This ordinance shall take effect immediately. Mrs. Hill asked that this go back to committee. Why are we in such a hurry on this? Mr. Niccolls said Council ordered the staff to proceed with the construction of South Harrison Street between the VEPCO right-of-way and Catoctin Circle. He believed that engineers have been retained pursuant to Council ' s authority to begin the work. These bonds and notes will be paid from the bond proceeds. There is a land acquisition item on the agenda to- night that will be paid from bond proceeds. They understood this to be a high priority project and that the funds will be needed in 3 n O MINUTES OF MAY 26, 1982 MEETING. J the coming fiscal year. Mrs. Hill asked when they will be working on the Catoctin Circle extension? Mr. Niccolls said they are set- ting up the financing mechanism here to put the money aside to do that. This money would be in a bank until such time as a commit- ment from Perry, etc . - it would be invested and would earn inter- est exceeding the cost of the notes. Mrs. Hill asked if we have a problem with arbitrage? Mr. Niccolls did not think so - you are required to spend only a very small percentage of the funds in the first three years (3%) - we could drop that very easily on either project. It is to our advantage to issue early. Considering the size of this issue for that purpose, you would be talking about spend- ing $15, 000 - it wouldn ' t be hard to do that in three years. Mrs. Hill asked what would happen if Mr. Perry cannot come through with his agreement? Could we give this money back? Mr . Niccolls said these will be notes underlying these bonds. The first act in borrow- ing money for a municipality is to adopt the ordinance on the agenda tonight - the bond authorization - the permanent financing. At a sub- sequent meeting, you will be asked to adopt a similar sounding resolu- tion that authorizes temporary financing, based on bond anticipation notes - they will be based on the authority in this act. It will say to provide funds on a short term basis pending actual formal issuance of the bonds authorized by this act. It will be this act that actu- ally allows us to go and negotiate with an underwriter to buy the issue. It will be a note issue, which will mature in twelve months and the principal and interest payment (the entire sum) will be due at that time. Then a decision will have to be made in twelve months - do we still need the funds in the treasury because the Perry matter is alive or can we then not issue the notes for the next year because ' the Perry matter is actually dead? You will need to make a choice by about October of this year on the Curry option - it will mature. It is a very favorable purchase agreement and has value to the town. It is a low value deal - you could give him $10 , 000 and basically tie up 10 acres of land for infinity. His recommendation would be to do this - it is too good a contract for land to not do it. Mrs . Hill asked if we have given Perry a time limit, other than a final plat? Mr. Nic- colls said the time limit on him is really being imposed by the Nat- ional Children ' s Rehabilitation Center and the Curry agreement - we always assume if both of these ran out, the Perry project would be dead. Mr. Haberlein of the Center said they are considering ex- tending the Perry option - they think it is still a viable project - one that they want to participate in. They are pleased with what the town has done so far. Mr. Niccolls said he is in regular con- tact with Mr. Perry and is giving him such assistance as he can in get- ting his financing . - he still has a problem of interest rates. He (Mr. Niccolls) feels we have a "go" project within the next year or so. Mrs. Hill explained her prime question was because Perry has not come through with anything - we have nine months from the date of his final approval to have the road open and on the line - this was the reason for her questions . Mr. Niccolls felt it is a good idea to put this money aside in a high yield certificate and watch it for a year. It won ' t hurt us financially and it will help to basically pay the issuing costs on the small note issue that we have to have for South Harrison Street. They have "pooled" the obligation issuance costs, which are substantial . Mr. Bos commented that it is hoped to get finished on the South Harrison Street improvements by September or October. Mr. Niccolls said they hope to get this well underway by fall . Mayor Hill wondered why we had to pass this ordinance tonight on the 40-year deal, rather than to pass the resolution just for the notes . Mr. Niccolls said you need the enabling act in order to justi- fy the bond anticipation notes - it is a procedure that bond counsel has established. Mayor Hill felt Catoctin Circle should be complete anyway, regardless of what Perry does. Mr. Niccolls said the staff has been thinking about this and they have some ideas on the subject. If Council decides to proceed with the project, they can amend the agreement with Perry and still protect the town in the land trade and the cash. The resolution was unanimously adopted by a roll call vote: Aye: Councilmembers Bos , Herrell , M. Hill, Tolbert, Willis and Mayor Hill. Nay: None. MINUTES OF MAY 26 , 1982 MEETING. 391 82-66 - RESOLUTION - RELEASING PERFORMANCE BOND FOR THE CONSTRUC- TION OF LEESBURG ' S CABLE TELEVISION SYSTEM. On motion of Mr. Willis, seconded by Mr. Tolbert, the follow- int resolution was proposed: WHEREAS, Storer Cable Communications has fully complied with the construction requirements of Section 5. 1-20 (b) of the Town Code; and WHEREAS, the Leesburg Cable Television Advisory Commission has recommended that the $100, 000 performance bond in effect to guarantee construction of the cable system be released : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The faithful performance corporate surety bond in the amount of $100, 000 is released. SECTION II . This release shall in no way alter or affect the maintenance of the security fund and penalty schedule N contained in Sections 5. 1-48 and 5 . 1-49 of the Town Code 0 or restrict any other commitments made by Storer Cable Ct Communications in its contract with the town or original proposal. Q Mr. Bos remarked on the reports on cable TV and said it sounds as Q though we had our system installed at a good time. The resolution was unanimously adopted: Aye : Councilmembers Bos, Herrell, M. Hill , Tolbert, Willis and Mayor Hill. Nay: None. 81-67 - RESOLUTION - AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE PURCHASE OF LAND IN THE SOUTH HARRISON STREET COMMUNITY DEVELOPMENT AREA. On motion of Mr. Bos, seconded by Mrs. Hill , the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg as follows : The manager is authorized on behalf of the town to execute a purchase agreement with VEPCO for the acquisition of 3 . 2 acres of land on South Harrison Street as shown on plat K458-L prepared by Bengtson, DeBell , Elkin & Titus, dated August 24 , 1981 at a price not to exeeed $312 , 900. Mr. Weiss explained that this land will be resold once the public facilities improvements are in. Hopefully we will recoup the ma- jority of our expenses when the land is sold - then that money can be plugged in to other project activities, like the farmers ' mar- ket, parks, etc. This money comes from the HUD grant. Under the agreement, if VEPCO approves it, we have until December of this year to close this. The resolution was unanimously adopted : Aye: Councilmembers Bos, Herrell , M. Hill, Tolbert, Willis and Mayor Hill. Nay: None. 82-68 - RESOLUTION - MAKING APPOINTMENT TO THE LEESBURG AIRPORT COM- MISSION. On motion of Mr. Tolbert, seconded by Mr. Herrell , the following resolution was proposed: WHEREAS, the Leesburg Airport Commission has unanimously en- dorsed the following appointment; THEREFORE, RESOLVED by the Council of the Town of- Leesburg in Virginia as follows : MINUTES OF MAY 26, 1982 MEETING. 392 The following appointment is made to the Leesburg Airport Commission for the term indicated herein: David S. Cooper for a term beginning July 1 , 1982 and ex- piring June 30, 1986 . Mr. Bos asked if all members of the Commission serve the same length of time? Mr. Tolbert said they all run for four years, except for him - his term runs for the term he is a member of the council . They will still be short one man. The resolution was unanimously adopted: Aye: Councilmembers Bos, Herrell, M. Hill, Tolbert, Willis and Mayor Hill . Nay: None. 82-69 - RESOLUTION - APPOINTING LEGAL COUNSEL TO REPRESENT TOWN PERTAINING TO ELECTRIC POWER FRANCHISE. On motion of Mr . Herrell, seconded by Mr. Willis, the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia • as follows : SECTION I . The manager shall appoint Spiegel and McDiarmid of Washington, D. C. as legal counsel to represent the town in matters pertaining to an electric power franchise. SECTION II . An appropriation is made from the General Fund to Account Number 1204 . 302 , Legal Services, in the amount of $5, 000 for the fiscal year ending June 30, 1982 . Mr. Niccolls said the probable effective date on this would be January 1 . Mayor Hill asked if this would mean an additional in- crease in rates to residents? Mr. Niccolls said No, their rates are uniform and are State wide. Mayor Hill said they have been getting by without paying Leesburg. He asked if Tri-County Elec- tric will be bidding on this? Mr. Niccolls thought these people will look into the effect annexation would have on both VEPCO and Tri-County as far as a franchise is concerned - this is why we are hiring specialists . The resolution was unanimously adopted: Aye: Councilmembers Bos , Herrell , M. Hill, Tolbert, Willis and Mayor Hill . Nay: None. 82-70 - RESOLUTION - AUTHORIZING A CONTRACT FOR CONSTRUCTION OF LEESBURG AIRPORT IMPROVEMENTS (ADAP 5-51- 0027-03. On motion of Mrs. Hill , seconded by Mr. Bos, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The manager is authorized and directed to enter into a unit price contract with Perry Engineering Company, Inc. of Leesburg, Virginia for Leesburg Airport Improve- ments (ADAP 5-51-0027-03) in accordance with contract docu- ments, plans and specifications dated January, 1982 , pre- ' pared by Dewberry & Davis and as revised by the Director of Engineering ' s letter dated May 11 , 1982 , at a contract price of $38, 083 . 00 . SECTION II . An appropriation is made from the Airport Fund to Account Number 6000 . 730 , Safety and Maintenance, in the amount of $40 , 000 for the fiscal year ending June 30 , 1982 . Mrs . Hill thought the appropriation was $44 , 298 . Mr. Niccolls said the original bill was, but it was so far over the federal grant project amount that Mr . Shope took it back to the contractors and negotiated it down to this figure. Mrs. Hill asked if it is MINUTES OF MAY 26, 1982 MEETING. 39 still five percent, plus $600, for the town? Mr. Niccolls said ) it is . Mayor Hill asked if, by bringing it down, they made the work less effective? Mr . Niccolls felt it still meets FAA stand- ards for this type of pavement, however, he does not know the de- tails of the contract, if anything was changed. This is a question for Mr. Shope. Whatever work is done at the airport must meet fede- ral standards for construction. The resolution was unanimously a- dopted: Aye: Councilmembers Bos, Herrell , M. Hill, Tolbert, Willis and Mayor Hill . Nay: None. 82-71 - RESOLUTION - AUTHORIZING AN AGREEMENT FOR PURCHASE OF HARRI- SON STREET RIGHT-OF-WAY FROM MADISON HOUSE AS- SOCIATES AND APPROPRIATION. On motion of Mr. Willis, seconded by Mr. Herrell, the following resolution was proposed and unanimously adopted: WHEREAS, a right-of-way through Madison House Associates prop- erty is required for construction of South Harrison Street be- N tween South Street and Catoctin Circle; and CD WHEREAS , a price for the property that includes the right-of- way has been negotiated in the amount of $15, 000, with the Q town paying all legal and closing costs; and Q WHEREAS, a settlement date of July 2 , 1982 has been agreed upon: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows : SECTION I . The manager is authorized to enter into a purchase agreement with Madison House Associates at a contract price of $15, 000 for purchase of 4 . 7203 acres described on a plat prepared by Bengtson, DeBell, Elkin and Titus dated February " - 12, 1982 , which includes the right-of-way necessary for ex- tension of South Harrison Street, subject to review and ap- proval by the town attorney. SECTION II . An appropriation in the amount of $15, 500 is made to Account No. 4102 . 701, Harrison Street Extension, for the fiscal year ending June 30, 1982 . Aye : Councilmembers Bos, Herrell, M. Hill, Tolbert, Willis and Mayor Hill. Nay : None. 82-72 - RESOLUTION - AUTHORIZING SOILS TESTING SERVICES FOR SOUTH HARRISON STREET REDEVELOPMENT PROJECT. On motion of Mrs . Hill, seconded by Mr. Willis, the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The manager is authorized and directed to enter into a unit price contract with Potomac Testing Services, Inc . of Centreville , Virginia for soils testing service for the South Harrison Street Redevelopment Project in accordance with Potomac Testing Services ' Incorporated proposal dated May 19 , 1982 and the town ' s request for proposal dated April 26 , 1982 at a contract price of $2 , 500. SECTION II . An appropriation is made from the general fund to Account Number 9030 . 706 , Engineering and Design, in the amount of $2 , 500 for the fiscal year ending June 30, 1982 . Mr. Weiss explained that this was originally included in the proposal from Dewberry and Davis - it was negotiated down considerably from their initial proposal . Mr . Shope was the one who got the price down. The resolution was unanimously adopted : MINUTES OF MAY 26 , 1982 MEETING. 394 Aye: Councilmembers Bos, Herrell, M. Hill, Tolbert, Willis and Mayor .Hill . Nay: None. 82-73 - RESOLUTION - AUTHORIZING LAND ACQUISITION FOR THE SOUTH HARRISON STREET COMMUNITY DEVELOPMENT PROJECT. On motion of Mrs . Hill, seconded by Mr. Herrell , and there be- ing no objection to consideration tonight, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The manager shall purchase on behalf of the town the buildings at 41 and 45 South Harrison Street owned by Clinton Saffer and shown on a plat prepared by Bengtson, DeBell, Elkin and Titus dated August 24 , 1981 at a price of $18 , 100 . 00 . SECTION II . An appropriation is made to account 9150 . 725, Land and Building Acquisition, Community Development Program in the amount of $18 , 250 . 00 for the fiscal year ending June 30, 1982 . Mrs. Hill asked if the difference between the purchase price and the appropriation is legal fees, etc . ? Mr. Niccolls said it is for deed preparation, etc . The price was arrived at under the Federal Land Acquisition procedures . Mayor Hill commented that this was a case of a man owning the building, but he didn ' t own the land. Mr. Niccolls said he had a land lease situation. We will be a landlord ! The resolution was unanimously adopted: Aye: Councilmembers Bos, Herrell , M. Hill, Tolbert, Willis and Mayor Hill. Nay: None. On motion of Mr. Herrell, seconded by Mr. Bos, Council voted ' unanimously to go into executive session, pursuant to Section 2 . 1-344 of the 1950 Code of Virginia, as amended (a) , Exemption (6) for discussion of a legal matter pertaining to annexation: Aye: Councilmembers Bos, Herrell , M. Hill, Tolbert, Willis and Mayor Hill. Nay: None. On motion duly made and seconded, Council reconvened. There was no action taken. On motion duly made and seconded, the meeting was adjourned. ,r oril�� Clerk of C ncil