HomeMy Public PortalAbout1983_04_27 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 27 , 1983 .
A regular meeting of the Leesburg Town Council was held in 225 •
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia
on April 27 , 1983 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. Gheen. Present were: Mayor
Robert E. Sevila, Councilmembers Charles A. Bos, Edgar L. Coffey,
Jr. , Reginald K. Gheen, Marylou Hill, John W. Tolbert, Jr. and
Howard M. Willis, Jr. ; also Town Manager John Niccolls, Deputy
Manager Jeffrey H. Minor and Town Attorney George M. Martin.
The minutes of the regular meeting of March 23 , 1983 were con-
sidered, however, there was a question by_Mr- .--Gheen__concer.ning one
i IIitem. On motion of Mr . Gheen, seconded by Mrs. Hill , Council voted
unanimously to defer these minutes until the next meeting :
Aye : Councilmembers Bos, Coffey, Gheen, Hill , Tolbert, Willis
and Mayor Sevila.
Nay: None.
PETITIONERS :
Mr. William J. McDonald, a resident of Leesburg, addressed Coun-
00 cil concerning several matters which have upset him over the last two
or three years, the most recent being a statement by Mr. Bos when a
O group of interested residents appeared before a committee of the
council several weeks ago with regard to a resolution concerning
m Highway Department funds . Mr. Bos said they"should not react to
(n rumor and innuendo. " Mr. McDonald felt that "rumor and innuendo"
Q are better than information from the town staff -"there are stupid,
atrocious public relations that ultimately reflect on the Council
and its designated bodies (commissions) . " He cited several instances :
(1) The marking of trees in his yard to be felled in the future for
the widening of West Market Street - they should at least have been
notified that this was being considered; (2) When Mr. Brownell was
getting his subdivision on the west end of town approved, some of
1 the neighbors were invited to sit with a committee of the Planning
i
Commission so that they might know what was in store for them on
that end of town. Some of them attempted to do this, however, the
meetings were held at such odd hours (8 : 30 a.m. - 10 : 30 p.m. ) that
a concerned citizen could not attend these meetings. A better ef-
fort should be made to provide the citizens the opportunity to par-
ticipate; ( 3) He read in the Times-Mirror that two properties (one
being his) were to be added to the Historic District - he had no
idea this was being done - not even a phone call; (4) A number of
residents appeared before the Planning Commission in opposition to
the rezoning of a North King Street property - it was ultimately re-
zoned on a conditional basis to be used as a school . Shortly there-
after there was an article in the Times-Mirror saying what a great
business was being conducted in this school and what great offices
there were there - no mention of students , classrooms, etc. The
secretary to the Planning Commission read to him, over the phone,
the action by which that house was given its use. In response to
his call , he received two phone calls and a -letter fromthe manager,
which he considers a "put down" - typical to the put down the town
staff gives to everyone who might not go along with their thinking.
There were two things about this letter that bothered him: (1) the
alicrity with which the manager jumped to the defense of a party
whose use and compliance is marginal , at the very best, particularly
when that party needed no defense - this is an inordinant interest
on the part of the manager and (2) the signature which says "Thank
you for calling me in this matter. " - he did not call the manager -
this is too much information. As to the matter three weeks ago,
they were grateful that the committee made the changes they hoped
for but, when they are given information by a member of Council,
this is not "rumor and innuendo. " Though they have no right to
expect Council to vote their feelings every time (and they hope they
will vote their honest feelings and what they think best) , they be-
lieve they have a right to come before Council and its committees
by whatever means they are summoned - they should be able to come
before a public body without being publicly scolded. He asked that
Council see that there is better handling of the public by the town
staff - he had no complaints about the reception given them by the
commissions or the council itself, but does have about the staff .
Mr. Bos apologized if he was interpreted to "put down" his concern
about the house - this was not his intent - he would like to talk
with him privately about some of these matters.
MINUTES OF APRIL 27 , 1983 MEETING.
22V MANAGER' S REPORT:
Mr. Niccolls highlighted several items from the Activity Re-
port :
(a) There will be copies of the East Market Street Design
Study at the next committee meetings - this will be an informative
brochure and booklet that will let them see just what these proposals
are.
(b) We have/adaflurry of business and home activity - more than
16 permits have been issued for single-family dwellings (about half
a million dollars in construction) - this indicates a record com-
pared to the last two years.
(c) The Water Treatment Plant has received its official cer-
tificate to operate.
(d) Most of the sidewalk, asphalt pavers and landscaping is
down in the South Harrison Street area - this makes a pretty dra-
matic improvement in this area.
(e) The West Catoctin Circle project has been advertised for
bids , with receipt of bids on May 17th. There is still some paper
work to be done on the final agreement with the School Board - the
essence of the understanding is complete and satisfactory to both
parties - it is just a matter of reducing it to writing and having
a proper easement drawn.
(f) Mr. Shope has filed with the Federal and State governments
the permit to do the Tuscarora Creek improvements, which were de-
signed over the last six months and have been reviewed by members
of the Virginia Knolls Community Association. As part of the process,
they are asking the property owners in the affected areas to sign
off on the project and say they understand the work to be done and
that they concur in it. This will shorten the Corps of Engineers '
review time. Letters have gone out to the individual property
owners.
(g) The process for selection of an engineer for the Flight
Service Station sewer line has begun - they hope to have this design
available later in the summer.
(h) The FAA has finally closed the exit taxiway project at the
airport - they are sending the original amount of the grant in total.
They had disputed whether the pavement put down was really up to the
strength called for in the specifications. Apparently Mr. Shope was
able to convince them that the final check should be released.
On the agenda tonight is a resolution concerning the State
Water Control Board construction grant priority list. At the time
this was given to Council , they saw no substantial problems with the
list and our position on it . However, he has a nagging fear about
the project in Winchester and Frederick County (a regional project) -
they are making a concerted forceful effort to put their project for-
ward on the list from 1985 to 1984 (our year) - this could have
a dramatic negative impact on the projects on the 1984 list. So
the hearing on May 19 now becomes very important. He has asked Mr.
Shope to work with the Mayor or whoever Council designates to get
down there in time and make our presentation. We have to do some
thinking about how best to protect our position on the priority
list - we want to contact all our representatives to the General
Assembly and be sure they understand the importance of the project
and how long we have been waiting on the priority list - our proj-
ect has been underway for seven years. Last year we did not have
our plans in by June 1, so were not on the 1983 priority list. This
year they have been submitted to the Health Department early and we
will certainly be ready to construct October 1st. The Winchester-
Frederick County project has been advised by EPA that, if they get
any part of their project under construction, they can stay with the
75 percent funding. Though we hope they will get all the money they
need, this is a threat we need to be concerned with, so it is neces-
sary that we really put on a pitch.
MINUTES OF APRIL 27 , 1983 MEETING.
227
He called attention to a report from Moody ' s Investors Ser-
vices, particularly the comparison by Horner, Barksdale on prices for that week.bond 9 Lees-
burg ' s bonds and their index on average g
We beat the average by almost half a percent.
Mayor Sevila said that, concerning the hearing on the 19th,
it is important to get there on 'time - you sign up and inform every-
body you see and meet that you have a previous commitment or some-
thing so you go first.
83-55 - RESOLUTION - AUTHORIZING AGREEMENTS FOR PUMPING AND HAULING
OF SEWAGE FROM FESTIVAL LAKES RECREATIONAL FA-
CILITY.
On motion of Mr. Willis, seconded by Mrs . Hill , the following
resolution was proposed :
WHEREAS, J. R. ' s Goodtimes, Inc . has requested the town enter
into a contract to provide pump and haul service and treat-
ment facilities for sewage disposal incident to the operation
of Festival Lakes Recreational Facility; and
00 WHEREAS , the Annexation Area Development Policies provide that
the Festival Lakes Facility is in the Leesburg sewer service
O area; and
00 m WHEREAS, approval of the request from J. R. ' s Goodtimes, Inc .
is in Leesburg ' s interest because it will ultimately lead to
Q extension of the Leesburg sewer system and provide a large
volume user :
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia as follows :
SECTION I . The manager shall enter into a contract with the
Virginia Department of Health setting forth that the town
' will provide pump and haul services, either directly or
through a private contractor holding a sewage handling per-
mit, from the Festival Lakes Recreational Facility. The mana-
ger shall give appropriate assurances to the Virginia Depart-
ment of Health that provisions of the sewage handling and dis-
posal regulations shall be met in the operation of the pump and
haul sewage disposal service under the auspices of the town.
SECTION II . The manager is authorized to enter into necessary
and appropriate contracts in forms approved by the town attor-
ney to provide pump and haul sewage disposal from Festival
Lakes Recreational Facility under general terms and conditions
as follows :
(a) Pump and haul services for the Festival Lakes Recrea-
tional Facility shall be performed by a private contractor se-
lected by J. R. ' s Goodtimes, Inc . and approved by the manager.
(b) The services of the contractor shall be scheduled
and supervised by the manager in cooperation with J. R. ' s
Goodtimes, Inc .
(c) J. R. ' s Goodtimes, Inc . shall pay sewer availability
fees as determined by the Town Code.
II (d) J. R. ' s Goodtimes , Inc . shall pay $3 , 637 . 26 in "off-
site" sanitary sewer system development fees to the town.
(e) The contractor performing pump and haul services shall
bill J. R. ' s Goodtimes , Inc . directly for the services and look
only to J. R. ' s for payment of any and all charges, costs or
fees relating to the services provided.
(f) J. R. ' s Goodtimes , Inc . agrees to indemnify and hold
harmless the town for any liability to third parties arising
out of the services provided.
MINUTES OF APRIL 27 , 1983
228 (g) J. R. ' s Goodtimes , Inc. shall pay to the town a_
sewer service fee per 1 , 000 gallons of effluent delivered
to the wastewater treatment plant based on the schedule of
sewage treatment charges for out-of-town service in effect
as of the date of the service provided. In addition to this
charge, a per truck load charge of $10 . 00 shall be paid. The
manager is authorized to increase the per truck load charge
as necessary to fully recover all costs to the town for pro-
' viding this service.
Mr. Bos asked how the off-site fee was determined? Mr. Niccolls said
Mr. Shope used a standard fee, based on the percentage of sewer flow
for that watershed from this development and applied this to the
total cost of the sewer system. Mr. Willis asked if these services
have to go through the town office for coordination? Mr . Niccolls
said the purpose of Section (b) is that we don' t want them deliver-
ing to the sewer plant at midnight, so we will set up a time schedule
for them. Mr. Coffey asked if this is designed for exclusive use of
this particular company, or would he be subleasing? Mr. Niccolls
explained that there are areas designed and equipped for picnics and
parties on this farmsite - there will be shelters with picnic facili-
ties. There will be sanitary facilities and water supply at each
area, each of these having a small holding tank. Periodically a con-
tractor will pump the material from the small tanks (five or six) .
Our agreement would be for material only from the Festival Lakes
facility use - it would not permit him to change the use of the land.
This is very carefully controlled by Loudoun County - there is a con-
ditional use permit on this property, with 27 conditional uses . Mr.
Gheen asked if this is an example of what would be possible for ad-
ditional development outside of our sewer lines - could someone
build a house and enter into such an agreement with the town in lieu
of a regular drainfield and septic system? Mr. Niccolls said it would
be his recommendation that the town not enter into such agreements
for homes that do not exist. This is an unusual and exceptional case
for a facility that was basically given a choice of building its own
facility at great expense and then we would lose them as a permanent
customer. He did not feel this would be in the best interest of our
sewer system development plan to encourage pump and haul arrange-
ments . This is an existing facility and this is the criteria he
hoped would apply, though there may be unusual cases. Mr. Gheen
felt this could set a precedent. Mrs . Hill asked what the $10. 00
per truckload covers? Mr. Niccolls said this is for supervision of
the arrangement and observation of the dumping by our work force at
the sewage treatment plant - it is a recovery fee to compensate us
for our extra expenses. It is difficult to price this because we
have no such experience - this is the reason for the provision to
raise this fee if necessary. They will be paying $100 per load to
Conover for hauling . Mr. Bos felt this is a good cooperative and
fair agreement - it saves them a terrific investment and it looks
like the town ' s costs are covered directly and indirectly.
Mayor Sevila said the proposed criteria is that it is either
existing or soon to be served - this would mean it is in effect now.
.Theoretically, nothing could be constructed or be permitted to be
constructed without some provision for sewage treatment, so nothing
could qualify unless it is in existence today. Mr. Niccolls said
you might find some wonderful industrial development opportunity that
has some physical problem with sewer that the town might want to
handle for five or ten years until the sewer system is developed.
This could be handled on a case-by-case basis. , but let ' s not get into
the business of pumping and hauling to the Sewer Plant - this would
not encourage sewer system development. Another need for this woul
be if an existing system failed. Mayor Sevila was concerned that
this could be setting a precedent. What is meant that this could
ultimately lead to extension of the sewer system and provide a large
volume user? Mr. Niccolls explained that the agreement will require
them to hook onto our system - they will be a large volume user that
will justify extension of the sewer - they are making this contribu-
tion to sewer .system development now. The annexation area policies
call for them to be on our system in the future. Mayor Sevila felt
this should then be a part of the agreement. Mr. Niccolls agreed.
On motion of Mr. Bos, seconded by Mr. Tolbert, the resolution was
unanimously amended to add the following :
MINUTES OF APRIL 27 , 1983 MEETING .
(h) J. R. ' s Goodtimes, Inc . shall hook onto the pub- 22 9
lic sewer at such time as the sewer lines are constructed
in a public street which abuts J. R. ' s Goodtimes, Inc. ' s
property.
(i) The agreement shall run for a period of one year
and shall be renewed for successive one-year periods unless
notice of intent to terminate is given by either party
ninety days prior to the expiration of the one-year period.
Aye : Councilmembers Bos, Coffey, Gheen, Hill , Tolbert, Willis
and Mayor Sevila.
Nay : None .
The resolution, as amended, was unanimously adopted:
Aye : Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis
and Mayor Sevila .
Nay: None.
OVERVIEW OF BUDGET:
03 Town Manager John Niccolls presented an overview of the 1983-
1984 Budget, stating that the major impacts are as follows :
CD OD (1) The $4 , 000 , 000 bond issue;
(2) Annexation;
OD (3) The new Capital Improvements Program;
Q (4) Start-up of the water treatment facility;
(5) Sewage treatment plant design and construction costs;
(6) Comprehensive Planning activity;
(7) The operating budget - Personnel and Operations and
Maintenance is up 19 percent (perhaps an overstatement) .
The budget is balanced at the existing 1983 tax rate of 20
cents for real estate and $1 . 00 for personal property.
It provides service to the annexed territory for the six months
beginning July 1 . However, the major source of revenues from the
annexed territory will not be realized until fiscal year 1985 -
tax assessments are levied on January 1, 1984 but not collected
until December 5, 1984 (in the following fiscal year) . We pro-
vide services for a six-month period for which we have no tax reve-
1 nue, except for automobile licenses and a couple of others .
The budget reflects the $4 , 000 , 000 bond issue and the third
year of the South Harrison Street project. It is hoped to balance
this project out this year and come out with a small profit by the
sale of the VEPCO tract near the VEPCO right-of-way.
The real growth in property assessments this year was only
1 . 67 percent - substantially below what was projected in the Capi-
tal Improvements Plan for the six-year fiscal period. These are
long-run estimates - the 1 . 67 is all due to new construction - there
were no reassessments or reappraisals by the Commissioner ' s Office.
You can see that next year will be better - just by looking at the
building permits .
He went on to explain projections for increases in revenues
for the coming fiscal year, as well as expenditures , with particu-
lar attention to proposals for the executive or managerial pay plan.
He also called attention to the increase of 15 employees from 1976
II until 1983 - these to provide necessary and increased services.
He explained the fringe benefits provided for the town' s employees.
Capital Outlays are detailed in the budget as well . He called
specific attention to the East Market Street improvements and those
amounts budgeted for various phases of this particular project.
Mayor Sevila announced that Tuesday, May 10 and Tuesday, May
17th at 7 : 30 p.m. will be budget workshops . May 11th will be the
public hearing on proposed general revenue sharing use.
MINUTES OF APRIL 27 , 1983 MEETING.
230 83-56 - RESOLUTION - SUPPORTING THE STATE WATER CONTROL BOARD FY 1984
CONSTRUCTION GRANT PRIORITY LIST.
On motion of Mrs . Hill , seconded by Mr. Tolbert, the following
resolution was proposed :
WHEREAS, the proposed State Water Control Board construction
grant priority list for the fiscal year beginning October 1,
1983 includes $5, 363 , 000 in construction funds for the expan-
sion and upgrade of the Leesburg Water Pollution Control Fa-
cility in accord with plans and specifications prepared by
Betz-Converse-Murdoch and now under review by the state health
department; and
WHEREAS, the current project cost estimate for the work is
$8 , 050 , 000 of which $6 , 070 , 000 is the federal grant portion;
and
WHEREAS, the town has authorized $2 , 000 , 000 in general obliga-
tion bonds to pay its share of the cost of the project; and
WHEREAS, the town is prepared to award a construction contract
for the project immediately upon award of the grant:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia as follows :
The State Water Control Board shall be advised that Leesburg
supports its position on the fiscal year 1984 contribution
grants priority list, that the town will be ready to proceed
with construction of the project immediately upon receipt of
the grant and further that the town intends to apply for an
increase in the grant amount. The manager shall proceed with
work necessary to bring the project to the bidding, contract
approval and construction phases .
Mayor Sevila felt we should heed Mr. Niccolls ' suggestion, in light
of the Winchester-Frederick County project, that Council should make
plans to be in attendance on May 19th. The resolution was unani-
mously adopted :
Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis
and Mayor Sevila.
Nay: None.
PROPOSED RESOLUTION OPPOSING U .S . DEPARTMENT OF TRANSPORTATION DESIG-
NATION OF ROUTE 7 FOR GENERAL USE BY TWIN TRAILER AND OTHER LARGE
TRUCKS .
On motion of Mrs . Hill , seconded by Mr. Gheen, a resolution
opposing U. S . Department of Transportation designation of Route 7
for general use by twin trailer and other large trucks was proposed.
After discussion on this matter, on motion of Mr. Bos, seconded by
Mr. Coffey, Council voted unanimously to defer this matter until fur-
ther information concerning this matter is available:
Aye: Councilmembers Bos , Coffey, Gheen, Hill , Tolbert, Willis
and Mayor Sevila.
Nay : None.
83-57 - RESOLUTION - RECOMMENDING A REDUCTION IN LOUDOUN COUNTY ' S
PERSONAL PROPERTY TAX ON AIRCRAFT.
On motion of Mr . Willis, seconded by Mrs. Hill , the following
resolution was proposed :
WHEREAS, this council applauds Loudoun County ' s increased em-
phasis on attracting and retaining quality business and indus-
try within the county; and
WHEREAS, both Dulles International Airport and Leesburg Munici-
pal Airport have important roles to play in the economic de-
velopment strategies of both jurisdictions; and
MINUTES OF APRIL 27 , 1983 MEETING.
231
WHEREAS, both Dulles and Leesburg must compete with National
Airport and airports in neighboring West Virginia and Mary-
land which do not impose a personal property tax on based
aircraft; and
WHEREAS, Loudoun County ' s current $1 . 50 per $100 personal
property tax rate on aircraft discourages twin piston,
turbo prop and turbine aircraft operations at both Dulles
and Leesburg; and
WHEREAS, both Dulles International Airport and Leesburg Mu-
i nicipal Airport are presently expanding services to general
aviation; and
WHEREAS, air transportation in Loudoun County generates the
need for few county services; and
WHEREAS , a reduction in the personal property tax on aircraft
will generate the following benefits :
(a) Increased air carrier hub and commuter activity
at Dulles Airport;
OD
(b) An increase in the number of based twin piston,
O turbo prop and turbine powered aircraft in the
m county;
OD (c) A competitive edge for the county in attracting
Q avaiation oriented industry and business as well
as those companies which depend on corporate air-
craft for transportation;
(d) The major economic benefits associated with expanded
economic development attributable to increased tur-
bine aircraft based operations;
(e) Expanded aviation related job opportunities in Loud-
oun County; and
WHEREAS , the Loudoun Chamber of Commerce, Leesburg Economic
Development Advisory Committee, Leesburg Airport Commission,
among others have taken positions which support a major reduc-
tion or elimination of Loudoun County' s personal property tax
on aircraft;
- THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia as follows :
SECTION I . The Leesburg Mayor and Council ask the Loudoun
County Board of Supervisors to consider the elimination of
or a reduction in the county ' s personal property tax on air-
craft to the lowest extent possible.
SECTION II . Following annexation the town will levy its per-
sonal property tax on aircraft so that the ratio of Leesburg
aircraft and motor vehicle property tax is equal to the ratio
of county aircraft and motor vehicle personal property taxes.
Mr. Bos was pleased to see support for this - it is a reasonable di-
rection in which to go. Mayor Sevila said Council had previously
I/ indicated it supported this - certainly Mr. Minor ' s elaborate re-
port furnishes a basis for this consensus. Mr. Niccolls said the
Chamber of Commerce legislative committee met today and it is pre-
paring a report to the Board of Supervisors on this same matter
which is based heavily on Mr . Minor ' s March analysis . Mayor Se-
vila felt the increased emphasis on our airport is something we can
take a fair amount of pride in. He did not know when the Chamber
will take an official stand, but hoped it can be done jointly at a
Board meeting at an early date. Mr. Niccolls said there will be an
invitation concerning this . He believed they are going to adopt
their budget next Monday, so it will be after that. The legisla-
tive committee made a conscious decision to deal with this after
the budget adoption. The resolution was unanimously adopted:
MINUTES OF APRIL 27 , 1983 MEETING.
232
Aye: Councilmembers Bos , Coffey, Gheen, Hill , Tolbert, Willis
and Mayor Sevila.
Nay : None .
83-58 - RESOLUTION - MAKING AN APPROPRIATION FOR THE FISCAL YEAR
ENDING JUNE 30 , 1983 .
'H On motion of Mrs. Hill , seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted :
WHEREAS, the Loudoun County Board of Supervisors will provide
$3 , 920 as half the cost for improvement of public restroom
facilities at the Loudoun Museum; and
WHEREAS , the facilities are of public benefit for tourism and
business development in historic Leesburg :
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia as follows :
An appropriation is made to the General Fund, Account No.
4600 . 540, Contribution - Loudoun Museum, in the amount of
$3, 920 for the fiscal year ending June 30, 1983 .
Aye : Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis
and Mayor Sevila.
Nay : None.
On motion of Mr. Willis, seconded by Mr. Bos, Council voted
unanimously to go into executive session, with only members present,
pursuant to Section 2 . 1-344 of the 1950 Code of Virginia, as amended,
(a) (1) to discuss personnel matters and (a) (6) to discuss legal
matters :
Aye : Councilmembers Bos, Coffey, Gheen, Hill , Tolbert, Willis
and Mayor Sevila.
Nay: None.
The meeting was reconvened - no action was taken by Council .
On motion of Mr. Gheen, seconded by Mr. Tolbert, the meeting
was adjourned.
BraILK dettlit----
Ma•or
Clerk of "ie Council