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HomeMy Public PortalAbout1987_06_10 85 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 10, 1987. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia, on June 10, 1987, at 7: 30 P.M. The meeting was called to order by the Vice-Mayor with the invocation given by Mr. Tolbert, followed by the Salute to the Flag led by former Councilmember Terry Titus. Present were Vice-Mayor Charles Williams, Councilmembers Arl Curry, Brian Kelley, Hunter Leach, Jerry Pelkey and John Tolbert, Jr. Mayor Robert E. Sevila was absent. Staff members present were Town Manager, Jeffrey Minor, Director of Finance, Paul York, Director of Planning, Zoning and Development, Martha Mason-Semmes, Assistant Director of Engineering and Public Works, Keith Kirschnick, and Deputy Town Attorney, Deborah Welsh. Vice-Mayor Williams recognized Mr. Frank Carney and members of his association, The National Association of Retired Federal Employees, who were out to support him. Mr. Carney addressed the Council with respect to the budget, in particular Ida Lee Park. Leesburg is in the process of developing the 139 acre park donated by the Rust family. It will be a facility that people can be proud of and he was there in support of it. PETITIONERS: From time to time the Town Council in association with the Environ- mental' Advisory Commission selects various areas in our community to receive awards for outstanding contribution in the beauty and embellishment of a particular place. Awards were presented to the Federal Aviation 1 Agency, Washington Air Traffic Control Center for their tree planting program; to Dr. Joseph J. Pelkofski for his office building in the Historic District; Sunrise Retirement Home for their building addition in the Historic District and to Lexington Place for preservation of trees with their new office building. Stephen P. Robin, representing Mr. Alan I. Kay and his partners, i owners of the former Saunders farm, stated there is a matter on the agenda which would allow the contractor to go on 2.3 acres of the Kay property on the east side of the airport for the purpose of working on the taxiway. They are applicants for rezoning on this particular parcel of ground and have indicated their willingness to cooperate in any way possible. I Logistical complications have evolved over the last two or three weeks in an effort to secure an easement agreement between the two parties involved. If this does not work because of the number of parties involved and the signatures needed to make it legally binding, they would agree to allow the town to move in, in a condemnation mode, and literally condemn the 2.3 acres under what is known as a quick-take procedure which would allow the town to move onto the property. He said they will cooperate to minimize the time for giving notices, etc. that are set forth under this procedure. So, either way their intention is to let the town get on that property and get the taxiway going. Helena Albertin, president of the Student Council at Loudoun County High School, spoke concerning the Bicentennial of the Constitution. Present with her were Karen Mahan, vice president, Paula Kdch, secretary, and Dongphong Truong, treasurer. Ms. Albertin stated that certain activities had been planned at the high school concerning the bicentennial celebration. Their purpose for being here is to involve the community in this celebration and coordinate something with the town because they neither have the time, the power, nor the budget to do this. They presented several ideas and asked the Council to help with the funding. Mr. Williams thanked them for appearing before the Council with their very good ideas for this celebration. He requested the Town Manager to add this to the Finance and Administration Committee for the June 16 meeting and suggested they all come back at that time. Christine Forrester, a resident of 916 Marshall Drive, N.E. , in the Carrvale Subdivision, stated she understood the traffic study for the connection of Marshall Drive had been completed and was in the hands of the town for review and that it would be placed on the Finance and Administration Committee for next week. She wanted to remind Council that, when they receive copies of this study, remember that the study was just numbers and that we are dealing with people. She did not know what the study said. 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and WHEREAS, the Litter Control Act of 1976 provides, through the Department of Conservation and Economic Development, Division of Litter Control, for the allocation of public funds in the form of grants for the purpose of enhancing local litter control programs: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager shall submit an application requesting the town's $1,808.00 grant allocation which, if approved, will be used for expansion and continuance of its present litter control program. 87-109 - RESOLUTION - AUTHORIZING A REVISED AGREEMENT AND APPROVING A REVISED PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND REAPPROVING WATER AND SEWER EXTENSIONS FOR THELINDEN HILL PLANNED DEVELOPMENT, PHASE I WHEREAS, Council Resolution //86-250, adopted November 12, 1986, approved the necessary bonding for Phase I of the Linden Hill Planned Development project; and WHEREAS, the amount of bonded public improvements has increased due to final revisions to the construction plans for this project; and WHEREAS, the applicant desires to utilize a different bonding institution than originally proposed: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Council Resolution //86-250 is rescinded. SECTION II. The manager shall execute the contract for public improvements as shown on the final plans approved by the Director of Engineering for Linden Hill Planned Development, Phase I. SECTION III. The extension of municipal water and sewer works for the Linden Hill Planned Development, Phase I, is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION IV. An irrevocable bank letter of credit in a form approved by the town attorney from Providence Savings and Loan of Vienna, Virginia, in the amount of $200,449 is approved as security to guarantee installation of the public improvements shown on final plans approved by the Director of Engineering for Linden Hill Planned Development, Phase I. 87-110 - RESOLUTION - REJECTING BIDS FOR THE CORNWALL STREET STORM DRAINAGE IMPROVEMENT PROJECT WHEREAS, bid documents were issued by the Department of Engineering and Public Works on May 7, 1987, and bids were received on May 26, 1987, for the Cornwall Street storm drainage improvement project and; WHEREAS, the sole bid received was in the amount of $200,000 from the E. E. Lyons Company, Chantilly, VA. ; and WHEREAS, this bid exceeds the engineer' s estimate by more than one hundred percent and exceeds by over $130,000 the Council's FY 1987 appropriation for this project; and 89 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 10, 1987. WHEREAS, the town's consulting engineers for this project and the Director of Engineering and Public Works recommend rejection of the E. E. Lyons Company bid: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The bid in the amount of $200,000 from E. E. Lyons Company for the Cornwall Street storm water drainage improvements is hereby rejected in accordance with the town's purchasing policies. 87-111 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE BOND AND APPROVING A MAINTENANCE BOND FOR LOUDOUN HILLS, SEC. II WHEREAS, the developer of Loudoun Hills, Section 2 has completed public improvements in accordance with town standards and specifications, and these have been inspected and approved and the as-built drawings have been submitted and approved: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The performance bond from Republic Insurance Company in the amount of $30,000 is released, a cash maintenance bond in the amount of $1500 is approved, to be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements free of any liens or charges. 87-112 - RESOLUTION - AUTHORIZING CONSTRUCTION OF A DRIVEWAY APRON TO PROVIDE ACCESS FROM FIRST STREET TO THE CATOCTIN CIRCLE POST OFFICE WHEREAS, a Catoctin Circle currently operates at a level of service "F", according to the Virginia Department of Transportation; and WHEREAS, alternative access to the Catoctin Circle Post Office through First Street will reduce traffic on Catoctin Circle, improve traffic safety and enhance traffic circulation on-site; and WHEREAS, the Postal Service has advised the town by letter that it will not participate in the cost for this project: THEREFORE, RESOLVED by the Town of Leesburg in Virginia as follows: The manager is authorized and directed to initiate the design and construction of a driveway apron to accommodate a connection between the Catoctin Circle Post Office and First Street. 87-113 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF RANDALL W. AND DELORES Y. DEHART FOR.REVISION OF THE ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15. 1 OF THE CODE OF VIRGINIA, AS AMENDED RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application of Randall W. and Delores Y. DeHart for revision of the Zoning District Map, assigned No. ZM-88, is received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15. 1 of the Code of Virginia, as amended. 87-114 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 22 to R. F. KLINE, INC. , FOR WORK COMPLETED AT THE WASTEWATER TREATMENT PLANT WHEREAS, the contract for improvements at the Wastewater Treatment Plant was awarded to Richard F. Kline, Inc. ; and 93 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 10, 1987. WHEREAS, Section III of Resolution 85-80 adopted May 22, 1985, by the Council of the Town of Leesburg provides: "The Council at its option will require prior approval of all requisitions for payment under this contract"; and WHEREAS, the contractor has submitted Payment Request No. 22 on May 28, 1987, and Camp, Dresser & McKee has reviewed and approved this request; and WHEREAS, the Director of Engineering and Public Works has recommended payment of Payment Request No. 22 in the amount of $181,418.00. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Payment in the amount of $181,418.00 ($190,966. 00 less 5% retainage) shall be made to R. f. Kline, Inc. , for Payment Request No. 22 for the Wastewater Treatment Plant Expansion Project. 87-115 -RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE BOND AND APPROVING A MAINTENANCE BOND TUDOR KNOLLS, SEC. I AND SEC. II WHEREAS, the developer of Tudor Knolls, Section I and Section II has completed public improvements in accordance with town standards and specifications, and these have been inspected and approved and the as-built drawings have been submitted and approved: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The two irrevocable letters of credit from Fairfax Savings Bank totalling an amount of $819,000 are released, and a new irrevocable letter of credit for maintenance purposes in the amount of $40,950 is approved, to be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements free of any liens or charges. 87-116 - RESOLUTION - AMENDING SECTION 10 OF THE TOWN'S PURCHASING POLICY MANUAL WHEREAS, the town's purchasing policy does not presently contain an administrative appeals procedure in those instances where the apparent low bidder is declared to be non-responsible and desires to protest the decision of non-responsibility; and WHEREAS, federal grants, including those of the Environmental Protection Agency, require a procedure be established wherein a bidder can administratively appeal a decision of non-responsibility: THEREFORE, RESOLVED by the Council of the town of Leesburg in Virginia as follows: Section 10 of the town's Purchasing Policy Manual is hereby amended to incorporate these changes as set forth in the memorandum to the Council dated June 1, 1987. 87-117 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR AMENDMENTS TO THE LEESBURG ZONING ORDINANCE REGARDING GENERAL REGULATIONS AND THE POWERS AND DUTIES OF THE TOWN COUNCIL, BOARDS, COMMISSIONS AND OFFICIALS RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider a comprehensive amendment to the General Regulations and Powers and Duties sections of the Leesburg Zoning Ordinance and the Loudoun County Zoning Ordinance, as administered by the town in the annexation area, shall be published on June 18, 1987, and June 25, 1987, for public hearing on July 8, 1987, at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia. • 91 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 10, 1987. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, and Vice-Mayor Williams Nay: None 87-0-19 - ORDINANCE - AUTHORIZING A LEASE MODIFICATION AGREEMENT TO AMEND THE AIRPORT ADMINISTRATION BUILDING LEASE WITH JANELLE AVIATION, INC. I On a motion by Mr. Kelley and seconded by Mr. Pelkey, the following ordinance was proposed and unanimously adopted: WHEREAS, Landlord and Tenant entered into an Airport Administration Building Lease Agreement (the "Lease") whereby the Landlord leased to the Tenant and the Tenant agreed to lease from Landlord the approximately 3,750 square foot building more particularly described in the Lease (the "Premises"); and . WHEREAS, Paragraph 26 of the Lease provides that the Tenant shall pay one-half of the cost of labor required to provide janitorial and maintenance services to the automated flight service station adjacent to the Premises: and WHEREAS, Landlord and Tenant wish to amend the Lease to delete Paragraph 26 of the Lease: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Paragraph 26 of the Lease is hereby deleted in its entirety and shall be of no further force and effect. SECTION II. ' Notwithstanding the deletion of Paragraph 26 of the Lease, I all other terms and conditions of the Lease shall remain in full force and effect. SECTION III. This ordinance shall be in effect from and after its passage. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert and Vice-Mayor Williams Nay: None 87-118 - RESOLUTION - AUTHORIZING A CONTRACT WITH KAMBER ENGINEERING FOR THE DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR PHASE VI STORM DRAINAGE IMPROVEMENTS AND RELATED PROJECTS On a motion by Mr. Kelley, seconded by Mr. Leach, the following resolution was proposed and unanimously adopted: WHEREAS, a Request for Proposal was issued by the Department of Engineering and Public Works for proposals to design improvements for Phase VI Storm Drainage, Dry Mill Road Storm Drainage, Dry Mill Road Sanitary Sewer and Loudoun Memorial Hospital Outfall pursuant to the competitive negotiation procedures of Section 8.3 of Leesburg Purchasing Policy; and IWHEREAS, the review committee, ranked the proposal from Kamber Engineering first among nine received, based on the review criterial and interviews with the two top ranked firms; and WHEREAS, successful negotiations were conducted with Kamber Engineering reducing their initial fee submission by $14,000: THEREFORE, RESOLVED by Council of the Town of Leesburg in Virginia as follows: The Manager is authorized to execute a contract, on behalf of the Town with Kamber Engineering, in an amount not to exceed $58,000 for surveying, engineering design and construction administration services in connection 92 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 10, 1987. with Phase VI Storm Drainage Project and the related projects referred to herein. A notice to proceed with the Dry Mill Road Storm Drainage Project design element of the contract shall be issued after the FY 88 budget is adopted appropriating design and construction funds for this project. Mr. Kelley stated this is one of the items on the ongoing stormwater management problems that hopefully will eventually lead to curing some of the problems we have had in the town. He said this was another step in the right direction and he thinks it is a good idea to combine some of these projects - we would probably get a little more done than we had hoped to get done next year. He said he hoped they would complete their study in a timely and correct fashion. Mr. Minor stated that, as was said at the Utility and Public Works Committee, the staff was successful, principally Mr. Kirschnick and Mr. Rio, in working with Kamber to reduce the amount of their original proposal by $14,000. This was done without reducing the quality of the design services that will be received. We are happy we are able to get a reasonable price that is close to our original budget and still be able to recommend a contract with a firm that, among all the proposals received, was rated the top firm. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert and Vice-Mayor Williams Nay: None 87-119 - RESOLUTION - AUTHORIZING A REAPPROPRIATION OF FUNDS FROM THE GENERAL FUND RESERVE FUND BALANCE On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following resolution was proposed, and after explanation by Mr. York, was unanimously adopted: WHEREAS, the general fund balance for the period ending June 30, 1986, was reserved for $513,071.00 in encumbrances outstanding on that date; and WHEREAS, during the fiscal year ending June 30, 1987, $493, 104. 35 of these encumbrances were expended. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Reappropriation of funds is authorized from the general fund reserve fund balance to the following departmental budget accounts for prior year expenditures: Account Amount 200. 1101.540.010 $ 21.42 200. 1201.540.010 21.42 200. 1202. 300.010 448.80 200. 1202.540.010 21.42 200. 1214. 300.010 48.00 200. 1214.540.010 21.42 200. 3101.300.010 22.50 200. 3101.540.010 1,004.59 200. 3401.300.010 1,666.33 200.4101.540.010 21.43 200.4102.300.010 50, 198.95 200.4102.540.010 1,216. 37 200.4102. 700.010 10,650. 31 200.4102. 700.092 7,007. 33 200.4102. 700.097 398,620. 72 200.4104. 700.090 10,370.48 200.4400.540.010 21.43 200.8101. 300.010 11,700.00 200. 8101.540.010 21.43 93 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 10, 1987. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, and Vice-Mayor Williams Nay: None NEW BUSINESS I 87-120 - RESOLUTION - AUTHORIZING AN OFFER TO ALAN I. KAY AND ROYCO, INC. , FOR A TAXIWAY EASEMENT AND AUTHORIZING CONDEMNATION PROCEEDINGS On motion of Mr. Kelley, seconded by Mr. Tolbert the following resolution was proposed: WHEREAS, the Town of Leesburg in Virginia has determined that an expansion of the runway and taxiway at Leesburg Municipal Airport is necessary for the efficient and safe operation of said airport; and WHEREAS, 2,3830 acres ± immediately adjacent to said Leesburg Municipal Airport in the Town of Leesburg are necessary for an easement to accommodate construction of a taxiway and to have a maintenance easement thereon for said taxiway; and WHEREAS, the said 2. 3830 acres ± are presently owned by Alan I. Kay and Royco, Inc. , and more particularly described as follows: Beginning at a point on the southerly side of Virginia Route 654, said point being a common corner to the Leesburg Airport property and the William L. Bryant, Trustee, property; thence departing Route 654 and with a new line through the said Bryant, Trustee property South 13 degrees 34 minutes 59 seconds East 1,461. 95 feet to a point in the line of the said Leesburg Airport Property; thence with the Leesburg 111 Airport Property North 87 degrees 25 minutes 50 seconds West 147.84 feet to a point; thence continuing with the said Airport Property North 07 degrees 52 minutes 32 seconds West 1,427.90 feet to the point of beginning containing 2.3830 acres, more or less, as shown on a plat prepared by Ross, France & Ratcliff, Ltd. , dated October 16, 1986. And being a portion of the same property conveyed to the Grantor by Deed recorded in Deed Book 894, at Page 1498 among the land records of Loudoun County, Virginia; and WHEREAS, the value of the said 2. 3830 acre-easement is estimated to be $5,000.00; and WHEREAS, due to the construction of the aforesaid taxiway and runway at Leesburg Municipal Airport, an essential convenience, necessity and emergency exists requiring entry upon the lands of Alan I. Kay and Royco, Inc, for construction of the aforesaid taxiway of Leesburg Municipal Airport prior to adjudication of value, pursuant to Sec. 25-46.8 of the 1950 Code of Virginia, as amended: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Alan I. Kay and Royco, Inc. , are hereby offered the sum of $5,000.00 cash for the acquisition of 2. 3830 acres + for an easement described on the plat of Ross, France & Ratcliff, Ltd. , dated October 16, 1986, on condition that title to the land affected is free and clear of all defects, liens or conditions which would inhibit the use of the area for the purposes intended; the easements will be conveyed according to the plat and description described above by good and proper deed, a copy thereof is attached with the usual warranties of title within ten (10) days after written acceptance of this offer, with a right of entry commencing at the time of acceptance; and the grantors tax shall be paid by Alan I. Kay and Royco, Inc. SECTION II. In the event this offer is not accepted in writing within ten (10) days from receipt, and upon proper posting of the reimbursement guarantee hereinabove referred to, the Council hereby declares that an 94 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 10, 1987. essential public necessity exists under Sec. 5. 1-34 of the 1950 Code of Virginia, as amended, for the acquisition of the easement by condemnation and right of early entry pursuant to Sec. 25-46.8 of the 1950 Code of Virginia as amended, and does hereby. authorize the town attorney to file the requisite petition for condemnation and early entry, giving notice thereof as required by law, on behalf of the Town of Leesburg. Mr. Minor distributed copies of the resolution that was approved back in November of last year authorizing this easement. We have been working since then to secure this easement for the north runway extension project without any success up to this point. We hope to have the requisite signature later this week so that our contractor can proceed. However, there is always the possibility that something could hold this up, so we should have the condemnation as an alternative. Debbie Welsh, Deputy Town Attorney, explained one of the major problems is that this property just recently changed hands. There are some lendors involved that need to execute the easement so that it is not subordinate to their deed of trust, but rather that the deed of trust is subordinate to our easement, which gives us clear title. She feels this problem will be worked out. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert and Vice-Mayor Williams Nay: None On motion of Mr. Kelley, seconded by Mr. Pelkey, Council voted unanimously to go into executive session, pursuance to Section 2. 1-344(a)(1) of the Code of Virginia of 1950, as amended, to discuss appointments to the Leesburg Airport Commission, Board of Architectural Review and Leesburg Cable Commission. Council reconvened and on motion duly made and seconded, the following resolutions were proposed and unanimously adopted: 1 87-121 - RESOLUTION - MAKING AN APPOINTMENT TO THE LEESBURG AIRPORT COMMISSION WHEREAS, Carl Gregg is considering becoming a consultant to the Leesburg Airport Commission; and WHEREAS, Mr. Gregg's term as a member of the Airport Commission will expire on June 30, 1987; and WHEREAS, the Leesburg Town Council and Airport Commission have unanimously endorsed the following appointment: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: G. Dewey Hill is appointed to the Leesburg Airport Commission for a term expiring June 30, 1991. 87-122 - RESOLUTION - MAKING AN APPOINTMENT TO THE LEESBURG AIRPORT COMMISSION WHEREAS, Thomas Farley has resigned as a member of the Leesburg Airport Commission; and WHEREAS, Mr. Farley's term as a member of the Airport Commission would expire on June 30, 1990; and WHEREAS, THE Leesburg Town Council and Airport Commission have unanimously endorsed the following appointment: THEREFORE, RESOLVED by the Council of the town of Leesburg in Virginia as follows: Whitney Jackson is appointed to the Leesburg Airport Commission for a term expiring June 30, 1990. 95 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 10, 1987. 87-123 - RESOLUTION - MAKING AN APPOINTMENT TO THE LEESBURG BOARD OF ARCHITECTURAL REVIEW WHEREAS, W. Emory Plaster's term as a member of the Leesburg Board of Architectural Review will expire on June 30, 1987: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: W. Emory Plaster is reappointed to the Leesburg Board of Architectural Review for a term ending June 30, 1990. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert and Vice-Mayor Williams Nay: None On motion duly made and seconded, the meeting was adjourned. Mayor Clerk of he Council