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