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HomeMy Public PortalAbout1983_08_24 308 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, AUGUST 24, 1983. A regular meeting of the Leesburg Town Council was held on August 24, 1983 at 7:30 p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. The meeting was called to order by the Mayor, with Mr. Tolbert giving the invo- cation, and followed with the Salute to the Flag led by Mr. Coffey. Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos (who arrived slightly late) , Edgar L. Coffey, Jr. , Reginald K. Gheen, John W. Tolbert, Jr. and Howard M. Willis, Jr. ; also Town Manager John Niccolls, Deputy Manager Jeffrey H. Minor, Assistant Manager for Planning and Development Marc Weiss and Town Attorney George M. Martin. Absent from the meeting was Councilmember Marylou Hill. On motion of Mr. Coffey, seconded by Mr. Tolbert, the minutes of the regu- lar meetings of July 13, 1983 and July 27, 1983 were unanimously approved as presented: Aye: Councilmembers Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. PRESENTATION OF CERTIFICATES OF APPRECIATION: Certificates of Appreciation were presented by Mayor Sevila to the follow- ing persons: Robert W. Spunar for seven years service on the Leesburg Board of Zoning Appeals - 1975 - 1982. Mr. Spunar was present to receive his certificate. James L. Griffith for seven years service on the Leesburg Planning Com- mission - 1976 - 1983. Mr. Griffith was unable to be present since he has recently been transferred to Blacksburg, Virginia. COUNCILMEMBERS' COMMENTS: Mr. Willis felt August Court Days was very nice with the exception of at- tendance, which was probably due to the extremely hot weather. The town looked good and everybody worked hard - hats off to the town crew! Mr. Coffey said he has been out of town on vacation so did not attend the meeting of the Town Plan Task Force. The meeting scheduled for August 27th has been rescheduled to Tuesday evening at 7:30 p.m. Mr. Tolbert called attention to weeds that need to be cut on Wirt Street between First and Second Streets. Also, there is a manhole cover that rattles at the corner of East North and Wildman Streets (at the top of the hill in front of Brown's Meadow.) Mr. Gheen said he took the carriage ride Sunday and thought it was a nice ride. It appears that these people might be interested in instituting this in Leesburg - he wondered if this might not be an adjunct to Historic Leesburg to have the carriage go up and down through the historic district. Mr. Willis said he has his card and he would like to come to a committee meeting as soon as pos- sible to make a proposal for next year. Mr. Gheen said his idea was to meet tour buses and transport people around town, among other things. Mr. Bos arrived at this time and said he was impressed with the direct and indirect support of the town with August Court Days - the help of the po- lice, trash receptacles, water supply, clean-up afterwards, coordination with the people involved and a number of other things - they helped make it a nice event. Most of this is done by town staff members and police and is largely unobserved - he feels this is highly complimentary. MAYOR'S REPORT: (1) Mayor Sevila reminded councilmembers of the Festival Lakes picnic, which is scheduled for September 17th. The staff and Council have put this to- gether so that we might socialize and get to know each other a little better - it should be a good time for everybody. Please get your responses in to staff as soon as possible. (2) The Virginia Municipal League conference is scheduled for September 18 - 21 - he urged all councilmembers to attend. He felt everybody came back last year with some ideas thatwerebeneficial and helpful to all of us. (3) He had a briefing on annexation today - Mr. Niccolls will be providing a summary update on this. People are asking questions regarding current status, etc. The pre-trial has been scheduled for September 26 and the trial date is October 11. MINUTES OF AUGUST 24, 1983 MEETING. (4) He referred to architectural control guidelines adopted by the 3 0 9 Towns of Vienna and Herndon and hoped Council might have received these by now. They are interesting because they are a different approach to archi- tectural control from what we have now - they require special enabling legis- lation and it is time we start thinking about our legislative package. He would like everyone to review these and see if they think we should have the same type of legislation. Herndon and Vienna feel they have reaped tremendous benefits from these ordinances and we could enjoy similar benefits from the adoption of the same or similar legislation. Mr. Niccolls said they will be in the packet for the September 7th meeting. MANAGER'S REPORT: Mr. Niccolls said a written Activity Report was distributed last night - he had nothing further. On motion of Mr. Tolbert, seconded by Mr. Willis, the following resolutions were proposed and unanimously adopted: 83-119 - RESOLUTION - AUTHORIZING AGREEMENTS FOR EMPLOYEE GROUP INSURANCE. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: OD SECTION I. The manager shall enter into insurance agreements with Com- monwealth Life for term life insurance, Maccabees for disability income 0 and Blue Cross/Blue Shield of Southwest Virginia for health insurance for employee group insurance as follows: Q (a) $10,000 life, accidental death and dismemberment policy for all full-time employees at a monthly premium of $0.45 per $1,000 coverage, with the town paying all costs for the insurance. (b) Disability income insurance for accident and illness of all full- time employees providing a two-year 60 percent indemnity of the employee's average monthly salary, with a 30-day benefit elimina- tion period at a premium of $1.45 per $100 payroll, with the town paying all the costs for the insurance. (c) Basic and major medical health insurance for all full-time employ- ees as described in a proposal from Blue Cross/Blue Shield with the town paying the costs for the employee's coverage at revised premium rates, ettective September 1, 1983. Individual employee $ 56.71 per month Employee and spouse only 110.71 " Employee and family 110.71 " Employee and one dependent child 85.07 " SECTION II. This resolution shall be effective September 1, 1983. 83-120 - RESOLUTION - AUTHORIZING AN ENCROACHMENT PERMIT FOR WHITE'S DEPARTMENT STORE AT 5 WEST LOUDOUN STREET. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized to issue a revocable permit for an encroach- ment ach- ment into the Loudoun Street public right-of-way at 5 West Loudoun Street for a movable canvas awning structure with the following mini- mum conditions: (a) The awning shall not project more than six feet from the existing ing building; (b) The total area of all signs on the awning shall not exceed ten square feet; and (c) A minimum clearance of seven feet above the sidewalk shall be maintained. MINUTES OF AUGUST 24, 1983 MEETING. 310 83-121 - RESOLUTION - INITIATING AMENDMENT OF THE ZONING ORDINANCE TO PERMIT SUBDIVISION OF EXISTING TRACTS CONTAINING MORE THAN ONE DWELLING. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An amendment of the Leesburg Zoning Ordinance is initiated to permit subdivision of existing tracts containing more than one dwelling. The Planning Commission shall consider provisions permitting the creation of lots not meeting minimum area requirements provided there are two existing structures on a single tract and that lots created thereby are generally in conformance with lots in the neigh- borhood. The Planning Commission shall further conduct a public hearing on the proposed amendment and make a recommendation to the council as provided by law. 83-122 - RESOLUTION - AUTHORIZING AN AGREEMENT FOR MISDEMEANOR PROSECUTION. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager shall enter into an agreement with the Commonwealth's At- torney for Loudoun County for misdemeanor prosecution from July 1, 1983 to December 31, 1983 at a cost not to exceed $200.00 per month. 83-123 - RESOLUTION - REQUESTING GENERAL ASSEMBLY TO EXTEND AUTHORITY OF CHAP- TER 604 OF ACTS OF ASSEMBLY OF 1980 REGARDING DISCLOSURE OF REAL ESTATE OWrNERSHIP TO TOWN OF LEESBURG. WHEREAS, Chapter 604 of the Acts of Assembly of 1980 provides that certain counties, including Loudoun County may require disclosure of real parties in interest in certain zoning matters: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir- ginia as follows: The General Assembly is requested to consider extending the authority of Chapter 604 of the Acts of Assembly of 1980, carried by reference in the Code of Virginia Section 15.1-486.1, to the town. 83-124 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING PERFORMANCE BOND, ACCEPTING A DEED OF DEDICATION AND DEED OF EASEMENT FOR THE POTOMAC CONFERENCE OF SEVENTH DAY ADVENTISTS. WHEREAS, the Planning Commission on August 4, 1983 granted preliminary approval of the development plan for the Potomac Conference of Seventh Day Adventists off Dry Mill Road: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I. The manager shall execute the contract for public improve- ments for the Potomac Conference of Seventh Day Adventists' develop- ment off Dry Mill Road. SECTION II. The United States Fidelity and Guaranty surety bond in the amount of $11,513 guaranteeing installation of public improvements in accordance with plans approved by the Director of Engineering and the Planning Commission for the Potomac Conference of Seventh Day Adventists is approved. SECTION III. The deed of dedication for right-of-way required for future widening of Dry Mill Road adjacent to this development and the deed of easement for storm sewer are approved and the manager shall acknowledge such on behalf of the town. SECTION IV. This resolution is conditioned upon review and approval of all above-mentioned documents by the town attorney prior to execution and acknowledgment by the manager. 83-125 - RESOLUTION - AUTHORIZING AN AGREEMENT AND ACCEPTING AN EASEMENT FOR STORM SEWER MAINTENANCE AND INSTALLATION AT 45 SOUTH KING STREET. WHEREAS, Bernard M. Carlton, et ux, have constructed a storm sewer and MINUTES OF AUGUST 24, 1983 MEETING. building at 45 South King Street in accordance with plans approved by 311 the Planning Commission and Director of Engineering; and WHEREAS, the building will encroach upon the proposed storm sewer ease- ment and may impede the required maintenance, replacement or use of the storm sewer; and WHEREAS, it is the desire of the parties to provide for the payment of the cost of maintenance and/or replacement of the storm sewer: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The storm sewer easement agreement dated July 29, 1983 by and between Bernard M. Carlton and Sylvia D. Carlton, his wife, and Quad 0. Enterprises, a Virginia limited partnership, and the Town of Leesburg is hereby accepted. SECTION II. The town manager shall enter into an agreement with Bernard M. Carlton, et ux, which allows for the encroachment of a building on the storm sewer easement outlined in Section I and provides for compensation to the town for any additional costs related to the encroachment and holds the 03 town harmless from any liability or claim as a result of this encroachment. Icr SECTION III. The town attorney shall assure that the easement and agree- ment are recorded in the records of Loudoun County. m 83-126 - RESOLUTION - ESTABLISHING REVISED POSITIONS AND NUMBERS OF EMPLOYEES IN Q THE TOWN'S UTILITY LINES DIVISION AND MAKING AN APPROPRIA- TION. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The following positions and numbers of employees in the Utility Lines Division of the Public Works Department (Utility Fund) are established for the period beginning July 1, 1983: UTILITIES Utility Lines Division Number full-time equivalent Superintendent 1 Assistant Superintendent 1 Maintenance Person 3 Maintenance Person, temporary Z Laborer 3 SECTION II. An appropriation is made from the Utility Fund to Account No. 5100.101, Salaries and Wages, in the amount of $2,750 for fiscal year 1984. 83-127 - RESOLUTION - AUTHORIZING NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING VACATION OF BOUNDARY LINES AND DEFINITION OF "SUBDIVISION". RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider certain proposed amendments to the Subdivision and Land Development Regulations regarding vacation of boundary lines and definition of "subdivision" shall be published in the Loudoun Times-Mirror on September 1, 1983 and September 8, 1983 for public hearing on September 14, 1983 at 7:30 p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. 83-128 - RESOLUTION - AUTHORIZING PURCHASE OF POLICE RADIO REPEATER SYSTEMS AND MAKING APPROPRIATION FOR FISCAL YEAR 1984. WHEREAS, sole source procurement of radio repeaters from Motorola, Inc. is found to be in the best interest of the town: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: MINUTES OF AUGUST 24, 1983 MEETING. 312 SECTION I. The manager shall purchase six radio repeater systems at a cost not to exceed $2,500 each. SECTION II. An appropriation is made from the General Fund, unappro- priated fund balance, to Account No. 3101.702, Portable Radios, in the amount of $15,000 for fiscal year 1984. Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. Mayor Sevila asked Mayor Pro-Tem Bos to chair the meeting for the next two items since his law firm is involved with the principals involved. Mayor Pro- Tem Bos assumed the chair at this time. 83-129 - RESOLUTION - ACCEPTING STREETS INTO THE TOWN'S SYSTEM IN CARRVALE SUBDIVISION. On motion of Mr. Willis, seconded by Mr. Coffey, a resolution accepting all streets in Carrvale Subdivision was proposed. Mr. Tolbert said he has no- ticed that the street lamps do not seem to be in the sidewalk properly - they are leaning somewhat. Mr. Niccolls said this will be taken care of with VEPCO. Mr. John Tello, of 330 Marshall Drive, said that, as far as he is concerned, Marshall Drive has not been completed and is sub-standard in his area - he lives in the last house on the street. Apparently International Pavilion has used the end of the street as a sort of dumping ground. In August of 1982, he informed the town of this fact - there is all sorts of debris, including barrels, a kit- chen sink, chunks of concrete, asphalt, dirt and a bed. He received a reply from the town saying it is International Pavilion's problem to clean up the construction. He then wrote them a letter (about four months ago) and received no reply. However, a barrier was put up several weeks later. Two months ago they dug a hole to put in a fire hydrant - the hole is still there and the piece of curbing that had to be taken out for the hydrant has been added to the other debris. It is an eyesore and a hazard for young children - it doesn't belong there and it is certainly not characteristic of the people he has met here. He does object to it and doesn't feel the town should accept responsibility for it until it is cleaned up. Mr. Bos felt the debris, etc. is not really a part of the street. Mr. Tello said the hole and the curbing are though. Mr. Bos thanked him for bringing this to the town's attention - he was sure the staff will pursue this. Ms. Millie Herbough, of 320 Marshall Drive, asked if International Pavilion is free of all responsibility once the streets are accepted by the town? The surveyor's markers have never been placed and the surveyors have never been there. Mr. Bos explained that we are concerned only with the streets and sidewalks - anything else is between International Pavilion and the citizens. Mr. Niccolls said this item is related strictly to the streets - this will allow us to ask the State Highway Department to start paying for these streets. It does not release any of International Pavilion's obligations to complete other public facilities. He is concerned that part of the curb and gutter has been removed and suggested deleting that portion of Marshall Drive east of Apple Tree Drive from the reso- lution. He suggested that the matter of the property markers be taken up with Ryan Homes or whoever transferred the property to them - either he or Mr. Shope will be glad to help them understand this. As to the debris, he understood they were to remove it - they will take that up tomorrow. Ms. Herbough also said that Plaza Street and Marshall Drive needs to become a three-way stop intersection. Mr. Niccolls said the Virginia Department of Highways and Transportation frowns on the use of stop signs as speed control devices - the solution is for the police to intensify speed law enforcement. Ms. Herbough still felt this needs stop signs. Mr. Niccolls said he will give Council a report on traffic problems at this loca- tion and send her a copy - they will take it up at a later meeting. He re-empha- sized that this resolution deals strictly with the streets - not any other pub- lic facilities. Mr. Coffey thought the Subdivision Ordinance calls for lots to be marked in subdivisions - he recalled that there was a problem in Edwards Ferry Mews because some stakes would have stuck up in the middle of driveways. Mrs. Curry (in the audience) said a house location survey is required for a loan and you can request the surveyor to put in lot stakes at that time. The resolution, as revised to eliminate that section of Marshall Drive east of Apple Tree Drive, reads as follows and was adopted by .a vote_o€ 5 to 1 abstention: I MINUTES OF AUGUST 24, 1983 MEETING. 9 9� WHEREAS, all streets in Carrvale Subdivision, excluding that portion 3 le) of Marshall Drive east of Apple Tree Drive, have been completed in accordance with town standards and have been inspected by the Director of Engineering; and WHEREAS, the extension of Plaza Street to the Leesburg Elementary School has been completed in accordance with town standards and has been in- spected by the Director of Engineering; and WHEREAS, these streets have been in use by the public for more than one year: ' U THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. All streets in Carrvale Subdivision, excluding that portion of Marshall Drive east of Apple Tree Drive, are accepted into the town's road system for maintenance. SECTION II. The extension of Plaza Street to the Leesburg Elementary School is accepted into the town's road system for maintenance. W� Aye: Councilmembers Coffey, Gheen, Tolbert, Willis and Mayor Pro-Tem V Bos. O Nay: None. CO Abstain: Mayor Sevila. m 83-130 - RESOLUTION - MAKING A SECOND REDUCTION IN THE PERFORMANCE GUARANTEE FOR Q PUBLIC IMPROVEMENTS INSTALLATION FOR CEDAR WALK SUBDIVISION. On motion of Mr. Tolbert, seconded by Mr. Coffey, the following resolution was proposed: WHEREAS, the developer's engineer, Bengtson, DeBell, Elkin & Titus, and the town's Director of Engineering have reviewed the public im- 1 provements installed to date in Cedar Walk Subdivision and certify i that the value of work performed is $65,647 and the remaining amount of work is less than $452,507; and WHEREAS, a $412,235 Round Hill National Bank set aside letter and $99,354 Fidelity and Deposit Company of Maryland surety bond have been provided by the developer and approved by Council to guarantee instal- ' lation of public improvements in Cedar Walk Subdivision; and WHEREAS, the town has agreed, when appropriate, to decrease the per- formance guarantee by reducing set aside bank funds by 90 percent of the value of work completed on the public improvements: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Round Hill National Bank set aside letter originally in the amount of $412,235 is reduced to $353,153. The Fidelity and Deposit Company of Maryland surety bond in the amount of $99,354 remains unchanged. SECTION II. The manager shall notify Cedar Walk, Inc. that liability for set aside funds has been reduced as outlined in Section I of this resolution, and that this reduction not constitute acceptance of pub- lic improvements by the town or relieve the developer of responsibili- ties outlined in the contract for public improvements for Cedar Walk I Subdivision. Mr. Niccolls said permits have been issued for three structures (six units) . The resolution was adopted by a vote of 5 to 1 abstention: Aye: Councilmembers Coffey, Gheen, Tolbert, Willis and Mayor Pro-Tem Bos. Nay: None. Abstention: Mayor Sevila. Mayor Pro-Tem Bos relinquished the chair to Mayor Sevila. MINUTES OF AUGUST 24, 1983 MEETING. 314 Mayor Sevila said the Board of Supervisors held a public hearing on Aug- ust 22nd on the airport sewer extension. He and Mr. Minor represented the town. He understood the staff report of the County was received, as well as the Plan- ning Commission's favorable recommendation (after being corrected by our staff) , and they are a part of the record. The Board is scheduled to act on this on September 6th. He noted that all easement documents have been secured and we are ready to proceed - he asked what this means in terms of September 6th as far as proceeding with the work is concerned? Mr. Niccolls said it does no harm to our schedule whatsoever - the county is acting in time for us to pro- ceed with construction. 83-131 - RESOLUTION - VACATING AND ACCEPTING STORM SEWER EASEMENTS IN BROWN'S MEADOW SUBDIVISION. On motion of Mr. Willis, seconded by Mr. Bos, the following resolution was proposed: WHEREAS, Brownell, Inc. has proposed changes in the storm sewer facili- ties for Brown's Meadow Subdivision which require alteration of certain existing storm sewer easements; and WHEREAS, the proposed revisions will not adversely affect property with- in or without the subdivision: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is authorized to execute on behalf of the town deeds vacating storm sewer easements by and between Brownell, Inc. and the town dated December 29, 1980 and recorded in deed book 778, page 386, of the Loudoun County land records, provided easements necessary for the proposed revisions to the storm sewer facilities in Brown's Meadow Subdivision are provided to the town. Mr. Niccolls explained that the southwest drainage will discharge about where it does now (at the termination of the existing pipe) , which is about 50 feet from the property line - it will flow overland at that point in a gentle swale. Mayor Sevila understood the intent of this is to replace the present water re- tention pond with an underground facility. Mr. Niccolls said this is to be done on the northeast side behind Mrs. Wall's property. The complaints were to the area which was ultimately to be developed into a storm drainage retention basin, but which was functioning as a siltation pond for erosion control. He hoped no- one was judging what a storm drainage retention basin should look like by what was out there - it was never finished. This is a better solution - it will make those lots more usable. In the right place, the flow equalization basin can be developed successfully. Mayor Sevila said he knew this action has made a lot of citizens happy and he is thankful to the staff and the developer for having negotiated what he thinks is an excellent alternative to something that was less desirable. The resolution was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 83-132 - RESOLUTION - APPROVING EMERGENCY PURCHASE AND MAKING AN APPROPRIATION. On motion of Mr. Bos, seconded by Mr. Coffey, the following resolution was proposed: WHEREAS, a dangerous condition would have developed due to late completion of the new school bus loop at Loudoun High School: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The emergency purchase of materials to alleviate the dangerous condition at the school bus loop is approved and an appropriation is made from the Street Construction Capital Project Fund to Account No. 8200. 704, Loop Construction, in the amount of $22,150 to remain until the project is complete. Mr. Niccolls explained that this provides funds for the paving of the school bus loop and for construction of the necessary guard rail that was part of the plan approved by the Council and the School Board in the agreement on the Catoctin MINUTES OF AUGUST 24, 1983 MEETING. Circle West extension. The time between meetings in August didn't permit 315 the normal council approval process and the contract was awarded so they could finish the school bus loop before school began - that is why the emergency pur- chase. This was $16,300 for paving and the balance for the guard rail. Mr. Gheen said time is of the essence in this case - otherwise, we could have had a dangerous condition and would not have met the terms of our agreement. It is possible that we could have met the advertising condition had we ordered things a little differently, but we didn't and it is an emergency now. Mr. Niccolls said we didn' t anticipate the timing correctly, so it is an emergency through error. It could have been avoided if the contract solicitations had been initiated much earlier in the process - then we would have had time to go through all the normal steps - it was an oversight on the part of the staff. Mayor Sevila felt sufficiently informed himself but didn't feel the "whereas" clause contained enough information - our resolutions should be self-explana- tory though they might require further wording. He suggested considering this as a drafting procedure in the future. The resolution was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 83-133 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR 1984. CO On motion of Mr. Willis, seconded by Mr. Gheen, the following resolution was proposed: 0 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: m CO SECTION I. Appropriations are made from the General Fund, unappropriated Q and balance, to the accounts and in the amounts shown below for fiscal year 1934: Account No. and Name Amount • 3101.701 Automotive Equipment $8,250 1202.350 Travel and Training 2,000 ' - SECTION II. An appropriation is made from the Airport Capital Project Financial, and to- Account! Wo. 8300.250, Legal, ancia , Administrative, in the amount of $10,000 to remain in effect until the project is complete. Mr. Gheen said Section II was discussed at committee meeting - there are a num- ber of very small items that will require payment. The committee felt this fund should be established in order not to have all the small items appear nor have to wait to be paid. Hr. Bos added that, because of the deadline, this avoids waiting for -another council meeting for -a small item in the future - this is the reason for the $10,000 general appropriation for the airport capital project fund. Mr. Gheen said this will be used as a blanket authorization for any small amounts that would be needed in this connection. He presumes council will get a report from time to time on these - there is a possibility that a subsequent appropriation could be made. The town is really its own contractor in building -this -line and there will be a lot of things come up during the construction process, so small purchases can be taken care of in this way. The resolution was unanimously adopted: Aye: Councilmembers •Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 83-134 - RESOLUTION - AUTEORIZING, CONTRACTS FOR SEWER PIPE AND GRAVEL AND MAKING AN APPROPRIATION. On motion of Mr. Bos, seconded by Mr. Willis, the following resolution was proposed: WHEREAS, the timely construction.of the airport sanitary sewer extension is essential to the town's obligations under .its.contract with the Fede- ral Aviation Administration and the health and safety of employees and visitors using the automated flight service station and administration building; and WHEREAS, the construction schedule for this facility did not permit an advertised invitation to bid for the sewer pipe_ and gravel; and MINUTES OF AUGUST 24, 1983 MEETING. 3 16 WHEREAS, all other provisions of the town's purchasing policies were followed to permit competitive sealed bidding; and WHEREAS, an emergency exists as defined in Section 8.5 of the town's purchasing policy adopted February 19, 1983: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall enter into a unit price contract in the amount of $26,166 with ARMCO, Inc. for the purchase of truss pipe. SECTION II. The manager shall enter into a unit price contract in the amount of $4,360 with Luckstone Corporation for gravel. SECTION III. An appropriation to remain in effect until the.:project is complete is made from the unappropriated balance of the airport capital project fund to the account and in the amount shown below: Airport Sewer Line Construction, Account 8300.702 $32,750. Mr. Gheen said the two items amount to $30,526 and the appropriation is for $32,750 - he wondered why the difference. Mr. Niccolls explained that they are all increased somewhat to allow for contingencies that might come along - for example, if some pipe is broken or if measurements are wrong. Also, there is 20 percent extra for additional rock that might have to be purchased .- the pipe will have to be bedded on gravel first. Again, Mr. Gheen felt there should be some further clarification as to the urgency without advertising. Mr. Nic- colls explained that in actuality it could have been advertised, but the intent of the purchasing policies may not have been met anyway. Specifications for the pipe were being prepared and completed by the consultant engineering firm and were delivered on August 16th. They were then available to bidders. Had we placed the advertisement earlier in August, we would not have given anybody any real additional notice because the specifications weren't ready, so the deci- sion was made not to place an ad on this purchase. If we had, we might have met the letter of the law, but not the spirit. We are making a number of pur- chases rather rapidly and we are learning the purchasing regulations as we go along. As soon as the specifications were prepared, they were distributed by mail to all the vendors of this type of material, .,requesting sealed bids, which were received today. He believed that the spirit of the purchasing statute (to foster competition and honest bidding) was met, but the technical advertisement was not. Mayor Sevila said that all these purchases were subject to the competitive bidding process then but-, because of the constraints of the emergency, they were not able to advertise. Mr. Niccolls added that our adver- tisements appear in the local paper, which are relatively meaningless to people selling pipe in Richmond. He is satisfied that these are very good prices. Mr. Coffey asked if we would meet the advertising requirement if the advertise- ment said we will be seeking bids for gravel, pipe, etc. , the specifications for which will be available on blank date, or as soon as engineering is provided? This would put the contractor on notice that this would come about - he could then submit a letter of intent to the town. Mr. Niccolls said we are doing this in an advertisement authorized this week for another element to be purchased for the airport project, for which we will not have specifications until a couple of days before the deadline. In this case, the ad will appear at least 10 days before the bid opening date. We prefer to believe that if you meet the spirit of competitive bidding, you are all right. We are paying as careful attention to the purchasing manual as possible and are learning each month - we will try not to have too many of these before council again. The resolution was unani- mously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. PROPOSED RESOLUTION AUTHORIZING THE LEASE OF EXCAVATION EQUIPMENT AND MAKING AN APPROPRIATION. Mr. Niccolls said they are requesting that Council conduct a special meet- ing on September 1 to award some contracts. On motion of Mr. Willis, seconded by Mr. Bos, Council voted unanimously to defer this resolution: Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. MINUTES OF AUGUST 24, 1983 MEETING. g1 83-135 - RESOLUTION - AUTHORIZING ACCEPTANCE OF SANITARY SEWER EASEMENTS. 3 1 7 On motion of Mr. Tolbert, seconded by Mr. Gheen, the following resolution was proposed: WHEREAS, construction of the gravity portion of the airport sanitary sewer extension requires prompt acquisition and recordation of ease-. i ments on seven- properties to permit construction to begin as sched- uled: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager shall accept, on behalf of the town, sanitary sewer ease- ments in a form approved by the town attorney necessary for construc- tion of the gravity sewer portion of the airport sanitary sewer exten- sion from any or all of the following: 1. Anne DeLashmutt Engle and Samuel D. Engle 2. Patricia Ann Horracks 3. William S. Alberts & Helen A. Alberts 4. Henry C. Stowers & Kay B. Stowers & Lillian Hope Stowers 03 5. Henry C. Stowers & Kay B. Stowers & Mary Hope Worley & Floyd Worley (2 pieces of property) st 6. Elizabeth S. Pierpoint & James S. Pierpoint; Innes T. Saunders & 0 Frances M. Saunders & Francis E. Saunders & Christine M. Saunders CO provided the easements are granted for consideration of not more than Q $50.00 per grantor. Mr. Niccolls explained that these properties are the ones necessary for the � gravity sewer, which will be done first. This is no assurance that all these easements will be secured for this consideration. The resolution was unani- mously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. IOnmotion of Mr. Tolbert, seconded by Mr. Gheen, Council voted unanimously to adjourn at 8:50 p.m. , to reconvene this meeting on September 1, 1983 at 4:00 p.m. in Council Chambers: Aye: Councilmembers Bos , Coffey, Gheen, Hill, Olbert I 'llis and Mayor Sevila. Nay: None. /� S'Mil-- Ma'9or ,Z , / /t Clerk of the ouncil MINUTES OF RECONVENED MEETING OF AUGUST 24, 1983, HELD ON SEPTEMBER 1, 1983. The meeting of August 24, 1983 of the Leesburg Town Council was reconvened in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on September 1, 1983 at 4:00 p.m. 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 Director of Engineering Andrew G. Shope. 83-136 - RESOLUTION - AUTHORIZING CONTRACTS FOR EQUIPMENT RENTAL. 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 shall enter into a contract in the amount of $13,650 with A. E. Finley & Associates for the lease of a hydraulic backhoe excavator for a period not to exceed three months. SECTION II. The manager shall enter into a contract in the amount of $14,300 with Mid-Atlantic Equipment Company for the lease of a track loader for a period not to exceed three months. i MINUTES OF RECONVENED MEETING OF AUGUST 24, 1983, HELD ON SEPTEMBER 1, 1983. 318 8 SECTION III. An appropriation to remain in effect until the project is complete is made from the unappropriated balance of the airport capital project fund to the account and. in the amount shown below: Airport Sewer Line Construction, Account 8300.702 - $27,950. Mr. Niccolls explained that the town does not have a large enough backhoe nor a track loader necessary to construct: - this sewer line to the airport with our own forces, so proposals were sought from various equipment rental dealers. After some . time of leaving the proposal period open, bids were received. The specific equipment to be provided was actually checked by our personnel and it was decided that the track loader should be rented from Mid-Atlantic and the backhoe from A. E. Finley. Based on a 40-hour week, these rentals are: backhoe- about $28 per hour and the track loader about $27 per hour. He felt these are pretty reasonable rates. Depending on weather, we may be operating them far more than 40 hours per week during appropriate weeks. It is going to be a race against time. Mr. Bos commented that it looks as though this rate is particu- larly favorable for the extra usage. Mr. Niccolls agreed. Mayor Sevila asked if these are to be used by our staff? Mr. Niccolls said Yes. Mr. Coffey asked if these rates include fuel, maintenance, etc. during this time? Mr. Niccols said we will provide the fuel and rountine greasing and lubrications, and they will repair the equipment. Mr. Willis asked about insurance? Mr. Minor said we will insure the Mid-Alantic equipment - Finley will insure for $300 a month. He is getting quotes from Moore, Clemens and Company to see if we can get a lower rate. The resolution was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 83-137 - RESOLUTION - AUTHORIZING CONTRACT FOR SEWER LINE MATERIALS AND MAKING AN APPROPRIATION. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, proposals have been received for sewer line materials and the Director of Engineering has determined the lowest and best unit price bids are from Valley Blox, Inc. , P. 0. Box 432, Harrisonburg, Virginia 22801: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall enter into a unit price contract with Val- ley Blox, Inc. for precast manholes and associated materials in accord- ance with specifications issued by the Director of Engineering and unit price proposal received. SECTION II. An appropriation to remain in effect until the project is complete is made from the unappropriated balance of the Airport Capital Project Fund to the account and in the amount shown below: Airport Sewer Line Construction, Account 8300.702 - $10,000. Mr. Niccolls explained that there are many unit prices and the bids are very com- plex. However, taking all of this into account and the overall price, Mr. Shope recommends this - it is the lowest bid and they are a reputable supplier. We may exceed $10,000 in materials, but are asking for this amount in order to get the project underway. Mr. Gheen raised the question of the Public Procurement Act and the advertising. Mayor Sevila said we didn't exceed the limits of our requirements in this case - he assumed this was put out to bid. Mr. Niccolls said it was - there were four bids on the material and this is the lowest. The resolution was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. PROPOSED RESOLUTION AUTHORIZING CONTRACT FOR DRILLING AND BLASTING SERVICES FOR AIRPORT SEWER EXTENSION. Mr. Niccolls explained that this contract was advertised on August 25th and the bids won't close until Saturday - therefore, this resolution is written to allow the contract to be awarded on Tuesday, so the work can begin the fol- lowing Monday. We really need to get this contract - we can' t do anything on ' MINUTES OF RECONVENED MEETING OF AUGUST 24, 1933, HELD ON SEPTEMBER 1, 1983.81 (91 the sewer line until we drill and blast. If Council does not wish to act 3 1 ." on this resolution now, we would like for them to reconvene on Tuesday, at which time they will have all proposals. On motion of Mr. Gheen, seconded by Mrs. Hill, Council voted unanimously to reconvene on Tuesday, September 6 at 9:00 a.m. to handle this resolution: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 83-138 - RESOLUTION - AUTHORIZING EPA STEP III CONSTRUCTION APPLICATION FOR WASTEWATER TREATMENT FACILITIES. On motion of Mrs. Hill, seconded by Mr. Bos, the following resolution was proposed: WHEREAS, the town, state and the U. S. Environmental Protection Agency have reviewed and approved the town's STEP II facilities plan which calls for expansion and upgrading of the town's wastewater treatment facili- ties to 2.5 million gallons per day capacity; and WHEREAS, the town has issued $2 million in bonds to pay the local share CO of the estimated $8,050,000 construction project: O THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: m CO The manager shall execute the EPA STEP III construction funding applica- a tion dated September 1, 1983 expanding and upgrading the existing waste- water treatment plant. Mr. Niccolls said we are required, in order to secure our $6,000,000 plus grant 1 for sewer construction, to have a STEP III application in to the state by Sep- tember 17th. The application is ready for execution and, if we wait for our regular meeting on the 14th, we will have to hand-carry it to Richmond. Our engineers have completed their work, it has been discussed and bonds have been ' sold for it - so let's go ahead and get the application in for it. Mayor Sevila asked when we received the final review and approval from the various agencies? Mr. Niccolls said that was quite sometime ago. We are on the 1984 priority list. This is just paper work to secure the funds. Beginning construction is to take place March 15. The resolution was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. Mr. Niccolls reported he had talked with Mr. Al Perry at length yesterday about his project (Foxridge) - he says that within a 60 to 90-day period he will be submitting construction plans and application for final plat approval for the first section. This will trigger his obligation to pay the town the sum called for in the contract and to move on with design of the park, etc. He asked if Council would like more background on this project? The Planning Commission will consider his application tonight to extend the preliminary plat for another year. Mr. Gheen and Mayor Sevila said they would like some material on this project. Mayor Sevila asked if there have been any Subdivision Ordinance changes since his preliminary plat was filed? Mrs. Hill said there are no changes - his project is for "cluster" and this has been approved. On motion of Mrs. Hill, seconded by Mr. Tolbert, Council voted unanimously to adjourn at 4:30 p.m. , to reconvene this meeting on September 6, 1983 at 9 :00 a.m. in Council Chambers: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. fraliA /66/ .1.4"-- Mayor . %q Clerk of th Council MINUTES OF RECONVENED MEETING OF AUGUST 24, 1983, HELD ON SEPTEMBER 6, 1983. 320 The meeting of August 24, 1933, adjourned until September 1, 1983 and again adjourned to this date, was reconvened in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on September 6, 1983 at 9:00 a.m. Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Edgar L. Coffey, Jr. , Reginald K. Gheen, Marylou Hill and John W. Tolbert, Jr; also Town Manager John Niccolls, Deputy Manager Jeffrey H. Minor and Director of Engineering Andrew G. Shope. Absent from the meeting was Councilmember Howard M. Willis, Jr. 83-139 - RESOLUTION - AUTHORIZING CONTRACT FOR DRILLING AND BLASTING SERVICES FOR AIRPORT SEWER EXTENSION. On motion of Mrs. Hill, seconded by Mr. Coffey, the following resolution was proposed: WHEREAS, proposals have been requested by the Director of Engineering for drilling and blasting services for the airport sewer extension project, with the last date for receipt of proposals to be September 3, 1983; and WHEREAS, the Director of Engineering has determined the lowest and best bid was submitted by Geodrill, Inc. : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall enter into a unit price contract with Geodrill, Inc. for drilling and blasting services for the airport sewer extension project in accordance with the request for proposals issued by the Di- rector of Engineering and the proposal received. SECTION II. An appropriation to remain in effect until the project is complete is made from the unappropriated balance of the Airport Capital Project Fund to the account and in the amount shown below: Airport Sewer Line Construction, Account 8300. 702 - $46,131. Mr. Niccolls explained that this is a contract to loosen the earth so the ex- cavation equipment can prepare a trench for the pipe work going out to the air- port sewer facility. This is just the gravity portion so there could be some additional earth or blasting work, depending on the depth of the force main. We are concentrating on getting the gravity sewer under construction first - it is the most time consuming part of the work. Mayor Sevila asked if this sum is within the original estimates projected on this project? Mr. Shope said we have $55,000 in our most recent study. Mr. Minor said the engineer's estimate is based on the contract. Mr. Niccolls said we have an overall cost estimate and we are currently operating on the sewer line very close to the estimate pre- pared by the engineers - this was not an itemized contract. This is our esti- mate. This $55,000 is just for the gravity portion. Mr. Coffey asked if there is any way we can get a breakdown? Mr. Shope said their estimate is based on installing the sewer line. Mr. Niccolls said the preliminary report done by Dewberry and Davis has cost estimates. He has asked Mr. Minor to make up and keep a current cost estimate for the entire project, so you will be receiving some in- formation shortly on the overall cost of the project, including the building. Mr. Gheen felt it would be useful, even though we are using town staff, to allo- cate statistically the value of the time spent on the project, so you can make some comparison. This is important, also, in allocating a cost to those people who are going to connect and have to reimburse. Mr. Niccolls said records are being set up to keep costs on direct labor costs, so there will be known hard cost figures on the hours spent by town forces to actually do the work - we are not keeping office time. We will be able to retrieve, for the record and for the reimbursement system, the direct cost of putting the sewer in. We can prob- ably assume a percentage for the indirect cost. Mr. Bos commented that every- one, particularly the engineering department, has been under pressure recently. It is remarkable that the town can do this kind of thing and save substantial funds, as well as meet deadlines. It is being very well handled and it is not over yet. Mayor Sevila said they all feel this way and everyone is pulling for a successful conclusion of this project. Mr. Gheen felt that, somewhere along the line, they are going to find themselves in the position where additional staff help is going to be needed - .for instance, one engineer can't be be in six places at the same time. This is an ambitious undertaking at this point. The resolution was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert and Mayor Sevila. Nay: None. MINUTES OF RECONVENED MEETING OF AUGUST 24, 1983, HELD ON SEPTEMBER 6, 1983. q On motion of Mr. Gheen, seconded by Mr. Coffey, the meeting was ad- 3 21 journed at 9:15 a.m. it(44/ff/ ett 9 ,4,... Mayor Clerk of tCouncil I I CO Icr0 m CO Q