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HomeMy Public PortalAbout1982_06_09 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 9 , 198. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on June 9 , 1982 at 7 : 30 p.m. 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. Herrell. Present were : Mayor G. Dewey Hill, Jr. , Councilmembers Charles A. Bos, Glen P. Cole, 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, Director of Finance Donald O. Taylor and Town Attorney George M. Martin. The minutes of the regular meeting of April 28 , 1982 were ap- proved as written. PUBLIC HEARING ON BUDGET AND TAX RATE FOR 1982-1983 : The notice of hearing was read into the record by the Clerk. Mr. Frank Raflo said the County had 600 people at its Budget hearing and he came to see what it would be like to be all peaceful and quiet, however, not quite so quiet. As a long-time citizen of the town, he said we all have problems and mandates - it is nice that the citizens of the town have this great faith in their coun- t cilmembers . He has spent some time looking at the budget and he talked with Mr. Niccolls. Most of the questions he had have been answered by Mr. Niccolls, but he feels it would be better if more people would attend these hearings. Q Q At the request of Mayor Hill, Mr. Niccolls explained the budget. Most decisions in the budget, as proposed and modified in accordance with Council ' s wishes after workshop, have to do with revenues, but there are two or three major public improvement projects that are of vital importance - one being the South Harrison Street extension and the possibility of constructing West Catoctin Circle from Dry- Mill Road to Market Street. On the revenue side, the proposed bud- get was a balanced budget, technically at $ . 17 per $100. 00 valua- tion. Council was quick to point out that this was a technical balancing act only - the 17-cent tax rate would reduce the ending fund balance to a meager $20, 000 as of June 30 , 1983 . This is an insufficient amount of working capital for a government with operat- ing expenditures of $2 . 89 million. Our revenues do not come in on an even basis - there are peak high and peak low revenue months - we need a certain amount of working capital to get us through the short months. In 1980 , the actual expenditures were $1. 76 million and actual revenues were $< . 91 million. We added to fund balance that year (around $20 , 000) to balance the budget. We had a fairly large ending surplus of $480 , 000 that year and an even larger sum the year before that. In 1981 , expenditures went to $2 . 3 million, revenues went to $2 . 9 million and we found ourselves in a declining balance position, down to about one-third of a million dollars - still a manageable amount of working capital. They are estimating they will close fiscal year 1982 with only $143, 000 (assuming it will be off $10, 000 to $15, 000 one way or the other) , so the budget will be in the red by some $200, 000 .and our ending balance will be quite low. If we project the numbers in the budget, with the 17-cent tax rate and a $15 . 00' auto tag, our ending balance then declines to only $20 , 000 - a position of being in the red by a significant a- mount. However, Council has discussed an increase in the tax rate to $. 20 and a $20. 00 auto tag to match the County on license fees. If we do not have a similar tax, the residents of Leesburg would be obligated to pay the $5. 00 over to the County - this would be an ad- ministrative nightmare as well as unfair. So putting the budget in balance leaves us with an ending fund balance of about $110, 000. This is a little low in terms of manageable working capital, but is certainly in the realm of an acceptable number and puts the balance very close in operating expenditures and operating revenues. Mr . Taylor has provided information tonight on taxes and utility rates . Council has been considering an increase in utility rates of about 10 percent, to be effective January 1 . His information indicates that Leesburg ' s general property rata is low in comparison to sur- rounding towns - some of them are quite high - Warrenton ' s is 36 cents. Mr. Bos felt that Vienna and Herndon' s are a little more contemporary as far as assessments are concerned. Mr. Niccolls MINUTES OF JUNE 9 , 1982 MEETING. 396 said Herndon spends far more on police services - they have to pay for it some way. Leesburg ' s history has been a very steady tax rate, adjusted for reassessments, etc . This year we are considering a three cent tax increase and a $5 . 00 increase in license tags. Mr. Bos asked how many years we have used the current formula for the utility fund overhead transfer? Mr. Niccolls said this was created in the 1979 water and sewer rate study. Before that there were pay- ments, but they were more or less arbitrarily arrived at. In fiscal year 1976 the payment was $50 , 000 - not even enough to cover the utility fund debt service, which was handled out of the general fund at that time. In those days, the general fund subsidized the utility fund. In 1977 the payment went -to $250, 000 to $300, 000, more or less an arbitrary figure that had been negotiated. Later when the rate study was completed, they gave us a formula to use and we have been using this consistently. Now each fund stands unsubsidized of the other. It is an appropriate accounting mecha- nism to allocate overhead. Mayor Hill said he asked Mr. Taylor for some ballpark figures and thought he was very low on his estimate. Mr. Taylor didn ' t think so, when you consider Heritage Square. Mayor Hill said, using a $90, 000 figure as an average (and they are using $89 , 000 in the area to be annexed) , and using 80, 000 gallons of water per year, he came up with something like $54 . 00 per year, or 15 cents per day. You can ' t even buy a cup of coffee or a pack of cigarettes for that. He was trying to get a comparison for what we are asking to provide services. He felt the Lamplighter should contain the major issues and projects that the town is undertaking. It is amaz- ing to see what this town is doing and what we have done in the past- to maintain small increases and to continue to provide these ser- vices. The public hearing was closed. Mayor. Hill said the tax rate, etc . will be set at the next meeting. Mr. Niccolls said the draft budget resolution and tax rate ordinance changes will be ready for committee meetings next week. MANAGER' S REPORT: (1) Mr. Niccolls reported that Mr. Minor and Mr. Shope met with the Virginia Airport Commission last week to answer questions concerning the State grant that Leesburg is seeking for the market study and airport layout plan update. No decision was made, but they expect it to be favorable. Mr. Minor said they received a call today and it is approved. (2) A contract has been executed with Perry Engineering for the exit taxiway work at the airport. (3) We have received the annual litter control grant money. (4) We have been paid by the City of Lexington for our sweeper. (5) The work to prepare the display for the Dulles Expo is com- ing along very nicely - he feels Council will be very proud of the quality of the photography, the graphics and the layout. Marc is going to invite each of them to spend some time over there and greet some of the people. We ' ll cover the Expo with staff members and volunteers from the Economic Development Advisory Committee. We would like council members to come and shake hands with people, pass out some of the literature and take part in the Exposition. It will be held on June 26th and 27th. (6) Some kids pulled some of the stone facing off of one side of the King Street bridge. There is no way to tie these down with masonry adequately. so we will have to use some kind of mechanical lugs. (7) The traffic signal at Plaza and East Market Streets is blinking - it was apparently struck by lightning. We are getting est- mates for necessary repairs and fighting with the State over whose sig- nal it really is. It could mean an $8 , 000 controller. MINUTES OF JUNE 9 , 1982 MEETING . 397 COUNCILMEMBER INQUIRIES AND COMMENTS : Mr. Bos reminded members that the first of the summer concert series is this Sunday on the courthouse lawn from 7 to 9 p.m. Mr. Cole said Mrs . Custer, who lives on Phillips Drive, called and asked him to look at a problem in Normandy Village. There is water running down between her house and the one next door and it is marshy. Mr. Shope had been there to look at it before he got there. He was not sure this is the town ' s problem, but it will be if they pipe the water out into the street. It' s like a wet-weather spring. She said a gentleman from the Soil Conservation Service looked at it and said it is coming from out of the hills . It is running on the sidewalk - it is under water south of her house and there is water running down the gutter at all times. He didn ' t know whether it is our problem or John Allen Johnston ' s, but it is coming from his property. It is a mess and, if it continues, there will be a problem with mosquitoes, etc . Mrs . Hill said the gas company didn ' t do a good job in the walkway by the. Whistle Walk. Are they aware of this and are they N going to do something about it? Mr. Niccolls was pretty certain O that our inspectors are aware of this and he will follow it up. Cr Mr. Willis asked if we know who or what hit the light at the 7 corner of King and Market Streets a couple of weeks ago? Mr. Nic- a colls understood it was a truck . Mr. Cole said he heard a bang a and all the lights were going in every direction. He didn' t see anything hit it. There was no traffic going through at the time. Mr . Willis said it couldn ' t be repaired - it had to be replaced. Mr . Willis said tonight ' s paper had the first concert listed as the 18th - not the 13th. • Mr. Tolbert said he and Mr. Chaves looked at the walkway by the Whistle Walk and Mr. Chaves said he was going to tell Mr. Shope it will have to be done over. Also, in front of Irene Roberts ' house on West Loudoun Street, there is a big mudhole - a truckload of gravel will probably take care of that. The weeds need to be cut at Potter ' s Field. MAYOR' S REPORT: (1) Mayor Hill said he had received a communication from the County concerning the smoke detector ordinance Council will be con- sidering tonight. (2) He has received a copy of a letter from Mr . Byers concern- ing noise at the hospital - the generator and several other things that bother the residents of Ayrlee Avenue. He turned this matter over to Mr . Niccolls to get more information on this matter. (3) We have not received good news on our Flight Service Sta- tion - he is somewhat disturbed that we are put in the position that we probably can ' t make an effort in this - maybe something good will come out of it. Mr. Herrell said "Certainly not for $1 . 00 a year. " 82-0-22 - ORDINANCE - AMENDING THE LEESBURG ZONING MAP . On motion of Mrs. Hill, seconded by Mr. Tolbert, the following ordinance was proposed and unanimously adopted: WHEREAS, rezoning application #ZM-40 by Richard O. Gore was referred to the Planning Commission on February 24 , 1982 , and WHEREAS , the Planning Commission on April 1, 1982 held a pub- lic hearing on the application for rezoning, and WHEREAS, on April 15, 1982 the Commission recommended to the Council approval of the rezoning request subject to a certain condition, and 3 n MINUTES OF JUNE 9 , 1982 MEETING. J 8 WHEREAS , the applicant ' s written proffer was presented to the Council prior to a public hearing held by the Council on May 26, 1982 , and WHEREAS , it is determined that the public necessity, convenience, general welfare or good zoning practice require the amendment, NOW, THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The Leesburg Zoning Ordinance is amended to revise the Zoning District Map to change from R-1 to B-2 , 14 , 685 square feet of land located on the south side of Davis Avenue, bounded by Davis Avenue on the north, the property of Warren H. Cunning- ham on the east, and the property of Richard 0. Gore on the south and west in accordance with the following proffer : Richard O. Gore, Trustee, hereby offers to the Town of Leesburg that should his property be rezoned from its current zoning of R-1 to B-2 that in approximately 14 , 685 square feet (more particularly described in attached Exhibit I) all uses as described in Article 6 of the Zoning Ordinance of the Town of Leesburg be eliminated except multi-family dwellings. SECTION II . This ordinance shall be in effect upon its pas- sage. Aye: Councilmembers Bos , Cole, Herrell, M. Hill, Tolbert, Willis and Mayor Hill. Nay: None. PROPOSED ORDINANCE AMENDING THE TOWN CODE TO ADD ARTICLE XXI, SMOKE DETECTORS, TO CHAPTER 7 . On motion of Mr . Herrell, seconded by Mr. Tolbert, a proposed ordinance to amend the Town Code to add Article XXI , Smoke Detectors, to Chapter 7 was proposed. Mrd Hi felt this should be sent back to the Finance and Administrationnoreclarification of several points. After some discussion about specific points in this ordinance, on mo- tion of Mrs . Hill , seconded by Mr. Herrell , it was proposed to send it back to committee. However, Mr. Willis felt the County would like the town to adopt this ordinance tonight - they have already adopted it. Mr. Herrell felt that, if any member of council has an objection to a proposed ordinance, it should go back to committee. Mrs. Hill ' s motion to send it back to committee was unanimously adopted. Mr. Willis felt it would be appropriate to have Mr. Dube, the Fire Mar- shal, present for further discussion of this matter. It was decided that this matter should be referred to both committees for clarifica- tion. Aye : Councilmembers Bos, Cole, Herrell, M. Hill , Tolbert, Wil- lis and Mayor Hill . Nay: None. 82-0-23 - ORDINANCE - GRANTING A LEASE TO JANELLE AVIATION, INC. , ITS SUCCESSORS AND ASSIGNS OF CERTAIN PROPERTY AT THE LEESBURG MUNICIPAL AIRPORT, LOUDOUN COUNTY, VIRGINIA. On motion of Mr. Willis, 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 . The town does hereby demise, lease and let unto Janelle Aviation, Inc. for an initial period of thirty years with an option for a ten year renewal as provided in the lease dated June 9, 1982 the following described property at the Leesburg Municipal Airport in Loudoun County, Virginia: (a) An area north of the 28 aircraft parking ramp as shown on Attachment A of the invitation to bidders containing MINUTES OF JUNE 9 , 1982 MEETING. 399 5. 6 acres, more or less, along with a non-exclusive '7 egress and ingress easement for construction of an access road, containing 1 . 2 acres , more or less. SECTION II . The Mayor shall execute and the Clerk of Coun- cil shall attest the lease dated June 9 , 1982 on behalf of the Town. SECTION III . This ordinance shall be in effect from and after its passage. Mayor Hill asked Mr. Haynes when he plans to get started? Mr. Haynes said they met with a couple of contractors yesterday and should be able to start with the site work in the next two or three weeks . The buildings should be completed in August if all goes well . There will be one of the larger version (52-foot door) and two 41-foot doors. There is an expansion possibility for three buildings on the site. Mr. Bos felt it is exciting to get the airport going one step farther. Mr. Tolbert said there is a big pothole in the road from the gate in. Mr. Niccolls said they will take care of this. The ordinance was unanimously adopted : (� Aye: Councilmembers Bos, Cole, Herrell, M. Hill, Tolbert, 0 Willis and Mayor Hill . Nay: None. Q 82-74 - RESOLUTION - REQUESTING THE STATE OF VIRGINIA TO HONOR LEESBURG ' S HUD-ISSUED MULTI-YEAR COMMUNITY Q DEVELOPMENT BLOCK GRANT COMMITMENT. On motion of Mr. Tolbert, seconded by Mrs. Hill, the following resolution was proposed: WHEREAS, the 1981 Amendments to Title I of the Housing and Community Development Act of 1974 give the states the option of administering the Community Development Block Grant Program for their nonentitlement areas; and WHEREAS, the Commonwealth of Virginia is proceeding to develop plans for administering the program in 1982 ; and WHEREAS, HUD interim regulations require the states to provide in their method of distribution for the funding of multi-year grant commitments made by HUD to units of local government, provided the locality requests the state to honor such fund- ing commitment and there is compliance with other requirements of the Federal Regulations; and WHEREAS, the Town of Leesburg was awarded a Community Develop- ment Block Grant on June 21 , 1981 on a three-year basis--1981 : $450 , 000 ; 1982 : $450, 000 and 1983 : $450 , 000--for the South Harrison Street Community Development Project; and WHEREAS, the Town of Leesburg is actively involved in the im- plementation of this project. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The Commonwealth of Virginia is requested to honor the HUD multi-year funding commitment and •the funding schedule shown in this resolution. Mr. Niccolls said this is part of a series of formalities to move the grant, but the actual reassignment of responsibilities is far more than a formality and has had significant impact on our project. We are not sure whether it will be all good or all bad, but it has changed the way the game is played a little. If they will just tell us the rules, we ' ll play by them. Mr. Bos said he talked to Marc about a month ago and there seemed to be a lot of confusion as to which way things were going - he asked if this has smoothed out as to the way the State will administer these grants? Mayor Hill said MINUTES OF JUNE 9 , 1982 MEETUNG. 400 we are buying a lot of land. Mr. Niccolls said an investment in - land is not-a bad business. The resolution was unanimously adopted : Aye: Councilmembers Bos, Cole, Herrell, M. Hill, Tolbert, Willis and Mayor Hill. Nay: None. 82-75 - RESOLUTION - AUTHORIZING AN EASEMENT OF RIGHT OF WAY WITH TRI-COUNTY ELECTRIC. On motion of Mr. Willis, seconded by Mrs. Hill, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The manager is authorized and directed on behalf of the town to execute an Easement of Right of Way Agreement with Tri- County Electric Cooperative, in the same form as that trans- mitted to the council on June 5, 1982 . Aye : Councilmembers Bos, Cole, Herrell, M. Hill, Tolbert, Willis and Mayor Hill. Nay: None. PROPOSED RESOLUTION DETERMINING THE QUALIFICATIONS OF THE LOUDOUN MONITOR FOR PUBLISHED NOTICES . On motion of Mr. Herrell, seconded by Mrs. Hill, a resolution determining the qualifications of The Loudoun Monitor for published notices was proposed. Mrs. Hill said she has not been presented with sufficient facts to determine that The Monitor has a circulation reasonably calculated to give notice to the public , as required by 8 . 01-324 of the Code of Virginia. She moved that the matter be re- ferred to committee to factually investigate the matter and report to the Council . This motion was seconded by Mr. Bos. After discus- sion and questions to Mr. Still (the editor) , Council voted unani- mously to refer this matter to committee : Aye : Councilmembers Bos, Cole, Herrell , M. Hill , Tolbert, Willis and Mayor Hill . Nay: None. 82-76 - RESOLUTION - AUTHORIZING YOUNT, HYDE & BARBOUR, P .C. , TO CONDUCT ANNUAL AUDIT. On motion of Mr. Herrell, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : Yount, Hyde & Barbour, P.C. , certified public accountants, is authorized to conduct the annual audit for the Town of Leesburg at a cost not to exceed $10, 200 unless the scope of the audit extends beyond normal circumstances. Twenty- five copies of the final report shall be delivered to the Town by October 31, 1982 . Aye: Councilmembers Bos, Cole, Herrell, M. Hill, Tolbert, Willis and Mayor Hill . Nay: None. On motion of Mr. Tolbert, seconded by Mr. Cole, the meeting was adjourned at 8 : 35 p.m. J "IGS L AZ(/// armaor /r Clerk of t - Council